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02-22-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA FEBRUARY 22, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 GALL TO OT DELI. >.. • N OcA'1ION&PLE E O LLEGLA E �RO�� �Ti+d��AND� "• TLtJN 4th Six Weeks Star Students—"Trustworthiness" • Local Hero Award to Jill Hamiter and Keitra Ellis • Lifesaver Award to David Leonard CITIZENS PARTIC ATiON CONSENT AGEIA -Alt.�alter�tamed�r the Clot agenda��etlt�e derxis �£d ass v d�►x�,tba � vvral�t���� the inaol: Tlx:~will not be separate discussion of Consent Aggenda a td ll be onscderod separate A. Approval of the Minutes from the regular City Council Meeting of February 8, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a donation in the amount of$1,000.00 from Wal-Mart to "Friends of the Library". (M. Morse,Library Director) C. Consider and act upon an Ordinance of the City of Wylie, Texas, establishing an incidental fee for postage for interlibrary loan materials that are not picked up by citizens. (M. Morse, Library Director) t the City and D. Consider and act upon authorizingLthe Mayor to execute an L C. for property located ccess east ofsCitynHBltwC Hoisted, City Harvest Real Estate Companies, Engineer) E. Consider and act upon a Settlement Agreement and Release between the City of Wylie and Michael Curtis. (R.Abernathy, City Attorney) 1. Consider and act upon an amendment to the budget authorizing e City Manger(M.RoathaCitytMan ger) funds in the amount of$16,500 for the lease of two modular office trailers. Executive Summary ds: "Transfer of The City Charter, Article VIL,entitled,M may Finance, e part oron 4.all of any aunencumbe unencumbered appropriation o balance any among during the fiscal year, the city manager y amendments, me within na dfe part or, ceof or auency. Upon written request by the city nencumbered appropriation balance from one department, office, the city council may, by agency to amendments, transfer part or all of any Police another." In the 2004-2005TheAnnual Plan Operating a to construct additional office spacelu using a portion of the current City Hall Department facility. The Department hallway. After considerable internal discussion, the City Administration is proposing a modification to the Police Department Plan, which was funded by the City Council. Specifically, we are proposing that the Police Department, in lieu of building into the City Hall hallway,renovate the area currently being used by the Building Department including the Public Service Director Office and cubicle area used by the City Engineer staff. In turn,we are proposing to lease two(2) modular office trailers to provide space for those displaced personnel. or two modulr office 2. Consider authorizing the City Managerm of$2�075 pernto a ase agreementmo month plus $4f 800 for set upa(J. Holcomb, from Nortex Modular Space in the amount Purchasing) Executive Summary The City solicited and received proposals for two(2)modular office lease trailers,which were opened on February 9, 2005. The following lease bids were received: Bidder Proposal --Nortex Modular Space $1,880 per month*,no charge for delivery and$4,800 set up --GE Modular Space $2,000 per month, $1,605 delivery and$7,053 set up --Ramtech Bldg. Systems $2,447.71 per month,$1,615 delivery and$5,992.50 set up --US Space Leasing $3,055 per month, $1,264 delivery and$5,771 set up --Comark Bldg. Systems $3,362 per month, $3,500 delivery and$13,475 set up. * Nortex has offered an exterior finish with stucco siding and mansard roof trim for an addition $195 per month s than a wood facade and/or a total d. Staff recoy mmends this additional cost,st of $2,075; which would er match our existing it would improve the appearancce of these proposed facilitt was ies. 3.originally bid. 3. Consider and act upon approval of the purchase of a new Quint fire apparatus for the City of Wylie Fire Department. (S. English, Fire Chief) Executive Summary Staff recommends approval for the purchase of the new quint and the purchase be financed by public property finance contractual obligations for a period of seven years. The purchase of the quint to replace Booster 1 will allow the fire department to continue with current staffing and maintain the goals that have been set forth in the master plan. 4. Consider and act upon a Resolution approving a two-year contract with Jolly Trolley Sno-Cones of Texas to provide concession services at Community Park and Founders Park. (M. Sferra, Public Services Director and R. Diaz,Asst Parks Superintendent) Executive Summa The City of Wylie has worked with concession vendors to provide concession services at Community and Founders Park for many years. The contract between the City and Lake Cities Girls Fastpitch Softball Association o ended February 1, 2005. Lake Cities Girls Fastpitch Softball Association officials notified staff in early January s they would ionaire submitted by Jolly Trolley Sno- Con to e their contract.hineC Staffei has Concessions,and ewed theWyhe lie 1 e Baseball Association s for sand recommends approval of the contract with Cones of Texas, Sunshine Concess o Y Jolly Trolley Sno-Cones of Texas. E CiT` I :SESSION Recess into Closed Session in compliance with Section 551.001, etseq.,Texas Government Code,to wit: Section 551.072. To deliberate the purchase,exchange,lease or value of real property generally located at: • Third and Oak Streets along S.H. 78 Take any action as a result of Executive Session Tabled from February 8, 2005 5. Consider and act upon an Ordinance abandoning a portion of Third Street between Highway 78 and Oak Street. (M.Manson,Assistant City Manager). Executive Summary Staff has received a request from Darla Burrows, owner of property located at the intersection of Highway 78 and Oak Street,for the closure of that portion of Third Street between Highway 78 and Oak. As part of the widening of Highway 78 certain streets, including Third Street, were not reconnected to the new pavement on Highway 78 in order to eliminate intersections. Because the road will no longer carry through traffic,the owner has requested that it be abandoned so that a portion of the land may be used in conjunction with their existing property. 6. Consider recommendations of the Planning and Zoning Commission concerning certain proposed revisions to the Comprehensive Plan and direct staff and Commission to call a public hearing to receive citizen comments. (C. Thompson,Planning and Zoning Director) Executive Summary The Council held a work session on February 8, 2005 to consider certain revisions to the Comprehensive Plan as recommended by the Planning and Zoning Commission. Council generally endorsed the recommended revisions, but requested additional information concerning the economic impact of the Plan's proposed land use patterns. An Analysis of Comparable Annual Tax Revenue has been completed for Council review. Planning and Zoning Commission voted on February 2 and February 15 to recommend certain revisions to the Comprehensive Plan. MINUTES Wylie City Council Tuesday, February 8, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North C ;L +(3.OIWER Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C.Worley. Councilwoman Reta Allen was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Police Chief, Jeff Butters; Public Services Director, Mike Sferra; Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. INVOc tON i.PL DGE ll ALLEGIAl�1 '1 Reverend Mark Forrest, Pastor of the Murphy Road Baptist Church gave the invocation and Councilman Trout led the Pledge of Allegiance. CITW SPA TICIPATIO Mr. James R. Griffin residing at 301 W. Kirby Street, Apt. 222, Wylie, Texas addressed Council stating how pleased he was to once again reside in Wylie. He presented some history of his initial move to Wylie and some of the residents that impacted his life. C# N F iT A.GEND All matters listed under thee Consent Agenda considered to be routine by the City Coon til and wit be ei€►acted bY` these:.it s.;: scussi n desr ..t t tt x will be r zv d' mn ni the�Consent:;Agendi andwill be considered sep #ely A. Approval of the Minutes from the regular City Council Meeting of January 25, 2005 and the January 27, 2005 Work Session. (C. Ehrlich, City Secretary) B. Consider and act upon Resolution No. 2005-11(R) ordering the General Election to be held jointly with the Wylie Independent School District, and administered by the Collin County Elections Administration on May 7, 2005 for the purpose of electing the Mayor and two members, Place 5 and Place 6,to the Wylie City Council. (C. Ehrlich, City Secretary) C. Consider and act upon approval of a Joint Election Agreement between the City of Wylie and the Wylie Independent School District administered by Collin County Elections Administration for the May 7, 2005 General Election. (C. Ehrlich, City Secretary) Minutes—February 8,2005 Wylie City Council Page 1 D. Consider and act upon approval of a Resolution authorizing the City Manager to execute an agreement with Estates at Creeksl Phase of 20�i nhe watelr lnne. Resolutionet, Inc. for s#2005-12(R) (C. mbursement of $105,674.50 for the installation of ,965 feet Hoisted, City Engineer) E Consider and act upon approval of a request to sell concessions at Founders Park and Community Park on March 3-5, 2005 by the Wylie High School Girls Softball program. (R. Diaz,Asst.Parks Superintendent) F. Consider and act upon approval of a request of a fundraiser to sell cookies at Founders As P Parks on February 22, 2005 and February 26, 2005 by Girl Scout Troop #2426. (R. Diaz,Superintendent) G. Consider and act upon an amendment to the budget to transfer funds for the purchase of Laser fiche for City Wide usage. (M. Manson,Assistant City Manager) Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilwoman Allen absent. I `DI DUAL C©k SIDE 'T'ION 1. Consider and act upon a Resolution authorizing the City Manager to send a request to the City of Sachse for disannexation of approximately 1.4112 acres of land and proceed with annexation by the City of Wylie. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the City of Wylie and Sachse thoroughfare plans shows McCreary Road extending south from FM 544 and connecting with Maxwell Creek Road. The largest portion of right of way for the road is located on the Jones property. However,the City of Sachse owns a piece of the property on the west side of the Jones tract that is approximately 92' wide and encompasses 1.4112 acres. The City of Sachse has indicated that this property is excess property from their water tank site and would consider disannexing of the property and dedicating it as right-of-way for McCreary Road. Council Discussion Mayor Mondy asked if there was any cost to the City in acquiring this land. Mr.Hoisted stated there was not. Council Action A motion was made by Councilman Worley, seconded by Mayor Pro Tem Hogue to approve Resolution #2005-13 (R) authorizing the City Manager to send a request to the City of Sachse for disannexation of approximately 1.4112 acres of land and proceed with annexation by the City of Wylie. A vote was taken and passed 6-0 with Councilwoman Allen absent. Minutes—February 8,2005 Wylie City Council Page 2 2. Consider and act upon a Resolution authorizing the City Manager to execute a proposal for engineering services for a temporary traffic signal and conceptual intersection layout at the intersection of FM 1378 and Park Blvd.in the amount of$32,625.00 to Bucher,Willis &Ratliff Corporation. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on November 10, 2004 the City of Wylie submitted a traffic signal warrant analysis for the intersection of FM 1378 and Park Blvd. The Texas Department of Transportation (TxDOT)approved the study on January 13, 2005. He explained that in order toexpedite t he installation City Bond proof the ignal it is necessary for the City to hire a consultant to prepare the engineering plans. located included$750,00improvements ovements identified n the bond p ogram ha throughout the imb en installed by TxDOT an pri ate devel pment; Some of the imp therefore,funds are available for this project. Council Discussion Councilman Trout asked Mr. Hoisted when the light could be installed. Mr. Hoisted stated that if the City expedites the project, the light could be operational by the beginning of school 2005. Mayor Pro Tem Hogue reiterated that the traffic completely stops due to a lack of a controlled light at this intersection. Mayor Mondy stated that this was the third time the City had requested such an analysis. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve Resolution #2005-14 (R) authorizing the City Manager to execute a proposal for engineering services for a temporary traffic signal and conceptual intersection layout at the intersection of FM 1378 and Park Blvd. in the amount of $32,625.00 to Bucher, Willis & Ratliff Corporation. A vote was taken and passed 6-0 with Councilwoman Allen absent. 3. Hold a Public Hearing and consider and act upon an Ordinance abandoning a portion of Third Street between Highway 78 and Oak Street. (M. Manson,Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the City has received a request from Darla Burrows, owner of property located at the intersection of Highway 78 and Oak Street, for the closure of that portion of Third Street between Highway 78 and Oak. As part of the widening of Highway 78, certain streets including Third Street, were not reconnected to the new pavement on Highway 78 in order to eliminate intersections.Because the road will no longer carry through traffic, the owner has requested that it be abandoned so that a portion of the land may be used in conjunction with their existing property. Public Hearing Mayor Mondy opened the public hearing at 6:13 p.m. asking anyone present wishing to address Council to come forward, state their name and address and keep their comments to three minutes. Darla Burrows residing at 504 Kamber Lane, Wylie, Texas addressed Council stating that she and her husband were the owners of the property adjacent to the proposed abandonment. She asked Council to consider this abandonment carefully due to the impact it would have regarding the sale of her property. With no one else present to address Council, Mayor Mondy closed the public hearing at 6:17 p.m. Minutes—February 8,2005 Wylie City Council Page 3 Council Discussion City Engineer Hoisted cautioned Council concerning the complete abandonment of Third Street and the affect it would have on any future alignment of Oak Street. He commented that the City had secured Federal Demonstration Funds for the future alignment of Oak and Brown Streets, at some later date. He explained that the complete abandonment of Third Street would make realigning Oak impossible. He suggested either abandoning a portion of Third Street or possibly a land trade of some type. Councilman Worley asked how abandoning the portion of Third Street in question, along S.H. 78 and Oak Street would make it impossible to realign Oak Street at a later date. Mr. Hoisted explained that the portion in question was the future alignment of Oak Street (90 degrees). Mr. Hoisted went on to explain that Oak Street will have a medium cut, but will not be realigned at this time but will in the future. Councilman Worley asked what the timeline would be to plan the future realignment. Mr. Hoisted stated that Council could direct staff to move forward with a plan tonight. City Manager Roath suggested tabling item #3, and directing staff to contact the property owners and prepare options available on those adjacent lands and report back to Council. Council Action A motion was made by Councilman Young, seconded by Councilman Trout to table Item#3 and direct staff to look into options for land acquisition and abandonment to be brought back to Council. A vote was taken and passed 6-0 with Councilwoman Allen absent. 4. Presentation of Annual Report on Racial Profiling Statistics. (J. Butters, Chief of Police) Staff Comments Police Chief Butters addressed Council presenting the Annual Report on Racial Profiling Statistics. He explained that S.B. 1074 requires the Wylie Police Department to submit an annual report of the contact data to the City Council. He stated that the Wylie Police Department had exceeded the racial profiling training requirements of S.B. 1074 for calendar year 2004. No action was required on this item. •BY WLIl CITY c TER `ARTI+C`EE lii SECT . No ordinances were approved for caption reading. Mayor Mondy recessed into Work Session at 6:45 p.m. :WOR ESSI al l .: • Discuss issues related to the Comprehensive Plan (C. Thompson, Planning&Zoning Director) Planning and Zoning Director Thompson addressed Council explaining some of the proposed changes suggested by the Planning and Zoning Commissioners and staff regarding the Comprehensive Plan. He illustrated the limited remaining undeveloped lands and pending development proposals as well as the tax- exempt development within Wylie, emphasizing that if changes are desired in the Comp Plan they must be Minutes—February 8,2005 Wylie City Council Page 4 use density and adopted soon. He explained that the resulting land lan except that the pediestranlorent d Village Centedr remain approximately the same as that of the current ,with ome retail and high-density housing is real areas. He that the current Comprehensive with Han ci automobile-oriented live Plans was adjustments to commercial and industrial Plan every adopted in 1999 and standard practice of thecities is to review var various alternatives, their and requested that some comparativel Council questioned the economic impact data be provided. Additional data will be presented to Council at the next Council Meeting for additional input prior to initiating public input through public hearings. At3 O. EN.MEN` With no further business before Council a motion was made by Mayor Pro Te Hogue,s to adjourn.seconded by Councilman Newsom to adjourn the meeting at 8:35 p.m. Consensus of Council wa John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—February 8,2005 Wylie City Council Page 5 Item No. CITY OF WYLIE Cnv Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 22, 2005 Originating Department: Library Prepared By: Mignon Morse Account Code No.#: Date Prepared: 2/4/05 Budgeted Amount: Exhibits: 0 AGENDA SUBJECT:Consider and Act upon approval of a check for$1,000 to the Friends of the Library. RECOMMENDED ACTION:Approval SUMMARY: The Friends of the Rita and Truett Smith Public Library is a non-profit organization . (501c3). They are a totally separate entity from the City of Wylie. The pupose of the Friends is to support the Library through fundraising. ted ds The Friends of the Library applied for a grant through for he $1000 was receiged onrant pJanuary 28tion �2 Of5�Chapterd66e used toward a new building fund. The grant Section 43 of the Wylie Code of Ordinances states: If gifts or endowments are made for the benefit of the library, such gifts or endowments shall be administered by the Friends of the Library. All gifts and endowments or bequests in excess of $25.00, or such other l be amount as shall be determined from timetime atnod one e City s so receivedlshall1be delivered to theted or Jected by two- Friends of the thirds majority vote of the City Council, oneys APPROVED BY: Initial Date Department Director: MM \ 2/04/05 City Manager: ted/2 \ Item No. C CITY OF WYLIE City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 22,2005 Originating Department: Library Prepared By: Mignon Morse Account Code No.#: 100-4000-48410 Date Prepared: 2/4/2005 Budgeted Amount: n/a Exhibits: 0 AGENDA SUBJECT: Consider and act upon an Ordinace of the City of Wylie, Texas, establishing an incidental fee for postage for Interlibrary loan materials that are not picked up by citizens. RECOMMENDED ACTION:Approval of fee. SUMMARY: The Library has fees for several services. An Interlibrary loan is a library service that allows citizens to request items from other libraries. The items are sent to the Smith Public Library by the lending library. Library staff processes the item and prepares it for checkout. The Library averages approximately 40 Interlibrary loans a month, and the library encurs the costens a $2.00 fee if and only if they do not library. pick up the With the rising costs of postage, staff recommends accessing citiz requested material. Other Library fees are as follows: Overdues for materials except videos and dvd's: 10 cents a dayd day w with th a max max f of$5$ .0 per0 item Overdues for videos and dvd's $1.0010 cents a copy Copies Faxes $1.00 a page ReplacementCard $1.00 Processing fee for lost item $3.00 Lost items price of the item The charge for equipment overdues is$10.00 a day with a maximum charge of$200. The library has an overhead projector available for checkout. Initial BY: Date Department Director: MM \ 2/04/05 City Manager: \ 67-I "O'er ORDINANCE NO. 2005-09 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING AN INCIDENTAL LIBRARY FEE IN THE AMOUNT OF $2.00 FOR ITEMS THAT ARE INTERLIBRARY LOANED BOOKS,NOT PICKED UP BY CITIZENS. WHEREAS, the City of Wylie finds the need to establish a fee of $2.00 for items requested by patrons through an Interlibrary loan and not picked up. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: SECTION 1. A $2.00 fee will be accessed on all items requested by patrons through an interlibrary loan and not picked up by the patron. SECTION 2. This Ordinance shall become effective immediately upon adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22nd day of February, 2005. JOHN MONDY, Mayor ATTEST AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Date of Publication in the Wylie News-March 2, 2005 Ordinance No.2005-09 Interlibrary Fees 1 CITY OF WYLIE Item No. DCary Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 22, 2005 Other: Department: Engineering Prepared By: Chris Hoisted Date Prepared: 2/11/05 Exhibits: Access Easement AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute an Access Easement between the City and Harvest Real Estate Companies, L.L.C. for the property located east of City Hall. RECOMMENDED ACTION: Approval SUMMARY: On October 14, 2003 Council approved a 2,493 square foot easement on the City Hall property to provide access to the adjacent retail site to the east. Because of the limited number of median cuts on SH 78, cross access is being established as the retail and commercial properties develop. Harvest Real Estate Companies had requested the easement be extended approximately 260' to the north to better serve the revised site layout. The revised easement is approximately 12,300 square feet and is located as shown on the attached drawings. Any cost associated with connecting to the proposed easement will be the responsibility of the developer. APPROVED BY: Initial Date Department Director: CH \ 2/11/05 City Manager: ,4g/c \ 024-akr AFTER RECORDING, RETURN TO: City of Wylie City Secretary 2000 Highway 78 North Wylie, Texas 75098 ACCESS EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN That the City of Wylie, hereinafter called"Grantor," for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by, the Harvest Real Estate Companies, L.L.C., hereinafter called "Grantee," the receipt and sufficiency of which are hereby acknowledged, does hereby give, grant, and convey unto Grantee, subject to the terms and provisions hereinafter stated, a non-exclusive easement for vehicular and pedestrian ingress, egress, and access over that portion of Grantor's land located in Collin County, Texas, being approximately 0.0572 acres out of the Francisco de la Pina, Abstract No. 688, and being more particularly described on Exhibit "A", attached hereto and incorporated herein for all purposes (the "Easement Property"). The purpose of this easement is to provide access from Grantee's Property, and is for the benefit of Grantee, its successors in interest, their tenants and the customers, employees and invitees of any of the foregoing. This easement does not include the right to park vehicles on Grantor's Property. Grantor grants Grantee a temporary easement to enter onto Grantor's Property to the extent reasonably necessary to construct the improvements. With regard to any entry or work conducted by Grantee on the Easement Property, Grantee shall, to the extent permitted by applicable law, indemnify and hold harmless Grantor from any loss or damage, including costs, expenses and attorney's fees resulting from such entry or work. Grantor reserves the right to grant additional easements over, across, and within the Easement Property as long as the use thereof does not unreasonably interfere with the use of the Easement Property or Facilities by Grantee. This instrument shall not be considered as a deed to said Easement Property or any part thereof, and the right is hereby reserved to Grantor, its successors and assigns, to use such Easement Property in such a way that it does not interfere with the Grantee's use of such Easement Property. If Grantee is unable to access the Easement Property due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the servient estate within fifteen feet (15') of the Easement Property as is reasonably necessary to and for the limited purpose of accessing the Easement Property herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey the Easement Property to the Grantee for the purposes described herein. TO HAVE AND TO HOLD the Easement Property unto the grantee for the purposes herein set forth, Grantor hereby binds Grantor, Grantor's heirs, executors, administrators, successors and assigns, to warrant and forever defend the easement and rights granted herein unto Grantee, its successors and assigns against every person whomsoever lawfully claiming or attempting to claim the same or any part thereof,by and through Grantor,but not otherwise. The easement and rights granted herein are expressly made upon the following conditions,which shall be binding upon the Grantee, its successors and assigns: The Grantee, its successors and assigns,will at all times, after doing any work in connection with the construction, reconstruction or repair of said Facilities, immediately restore said premises to as near as is practicable to the condition in which they were found before such work was undertaken, and to pay to Grantor monetary damages in the event restoration of the premises is not possible. WITNESS THE GRANTOR'S HAND to be effective as of the 22nd day of February, 2005. GRANTOR: John Mondy,Mayor STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the 22nd day of February, 2005,by Carole Ehrlich, City Secretary of the City of Wylie. Notary Public, State of Texas Exhibit"A" Legal Description Being a tract of land situated in the Francisco de la Pina Survey,Abstract Number 688 in the City of Wylie,Collin County,Texas,said tract of land being a portion of a parcel of land deeded to the City of Wylie as described in Volume 2216,Page 990 of the Deed Records of Collin County, Texas,said tract of land being described as follows: BEGINNING at the northeast corner of an Access Easement to Harvest Real Estate Companies, L.L.C.as described in Volume 5552,Page 408 of said Deed Records,said northeast corner also being on the East line of said parcel of land deeded to the City of Wylie,from said northeast corner,a found 1/2 inch rebar at the southeast corner of said parcel of land deeded to the City of Wylie bears SOUTH 01 degrees 29 minutes 00 seconds WEST,a distance of 52.06 feet,said found 1/2 inch rebar also being at the southwest corner of Lot 1 R-4,Block C,Woodlake Village according to the plat recorded in Cabinet P,Pages 926 and 927 of the Plat Records of Collin County,Texas; T,along the North line of said THENCE Aces Easement,ORTH 88 ea distance s 31 tof 47.90 feet toes 13 seconds otShe northwest corner of said Access Easement; THENCE NORTH 01 degree 29 minutes 00 seconds EAST,a distance of 256.90 feet; THENCE SOUTH 88 degrees 30 minutes 52 seconds EAST,a distance of 47.90 feet to a point on the East line of said parcel of land deeded to the City of Wylie and the West line of said Lot 1R-4,from said point,a set 5/8 inch aluminum capped rebar stamped"JPH LAND SURVEYING"at the northeast corner of said parcel of land deeded to the City of Wylie and the northwest corner of Lot 1 R-3,Block C of said Woodlake Village,bears NORTH 01 degree 29 minutes 00 seconds EAST,a distance of 568.48 feet; THENCE SOUTH 01 degree 29 minutes 00 seconds WEST,along the East line of said parcel of land deeded to the City of Wylie and the West line of said Lot 1 R-4,a distance of 256.89 feet to the POINT OF BEGINNING,containing 12,305 square feet. The basis of bearings for this description is the East line of a parcel of land deeded to the City of Wylie as described in Volume 2216,Page 990 of the Deed Records of Collin County. (S 01 deg. 29 minutes 00 sec W) tE OF.r c$4,1STEq''•y7�• ' /Nor * 40\ • Jo P. oebelheinrich 'JON P:HOEBELHEINRICH • ...v4 5478 v Registered Professional i,9 7 Land Surveyor No.5478 \UREDate: October 25,2004 °� E:\2004\120\Legal,\Ezhibit A City of Wylie Access 2009 doe Exhibit "B" V e SET 5/8 INCH ALUMINUM ,��lak Cen�,e`60 Rows 568.48' "JPH LAND SURVEYING" N01°29'00"E c� 47.90' Lot 1 R-3,Block C _S88°30'52"E Woodlake Village Cabinet P,Pages 926&927 0 o P.R.C.C.T. Exhibit Showing N 12,305 Square Feet Ns'' in the Francisco de la Pina Survey Abstract Number 688 City of Wylie, Collin County, Texas City of Wylie Volume 2216,Page 990 D.R.C.C.T. Lot 1R-4,Block C Woodlake Village Cabinet P,Pages 926&927 P.R.C.C.T. W o a, 00 ii v, N Point of z Z.,, Beginning Access Easement to Harvest N88°31'13"W Real Estate Companies,L.L.C. I 47.90' 3 Volume 5552,Page 408 - D.R.C.C.T. o 0 N o cn • State Highway 78 FOUND 1/2 INCH REBAR (Variable Width R.O.W.) Sketch showing,to the best of my knowledge and belief,an accurate delineation of field survey and office computations • performed by me or under my supervision. N ;sE OF TF,�; . :gst4firri- iV •JON P.HOEHOEBELH NEINEI RICH,. / ft 4 5478 r 9 .t. o P.Hoebelhei ichy$88to 0 ' Registered Professional .��pp SURvt't - Land Surveyor No.5478 ' - _ JPH Land Surveying Inc . Scale: 1"=40' PROJECT No: 2004.120 18CR Fact Keller Parkway C„iir.n Keller.Te'ac 7624R Tel• (8 1 7141 1-497 1 Fax' (8 6 6129 0-4 61 1 nrtphrr 2c -Km .C\'‘, 41 rp - � _ - t Cen eRoa ,d;; , Jr, 1 1 —1 I� 9 1 , 1 I cd ; I l.at IR-7R1 Ili G 2.411 Acres H �IIII U 1 I ; i II 4� li i II 11 iii w.. i. ' V ,,,:\\, " \N‘. L".".'—i , C. &' V) t_t� 1'II (, ' Lot 1R3R2 t -— _. t II . — , \ '_ T --, ` k -FRO P°SCAS CM ,,,,,,, ►, am . iiaaior .' \ t--4--I''' / —— — E ' 7 „„„z . 1, 1 r 1 _lTI1 f1 affi__ I f t I I �_ ; I I Lot 1RAR 1 Lot 1R-5 I _ / li 1.0J4 Acre1.0?8Accs VI � 1I 1 I .1._. - , 6 .� �► V. i I I i ratt / t A - ------ - , State Highway 78 C (Variable width R.O.W.) I I. 1 �\ cITF VICINITY PLAN 1 N E S i Ath xxu to , a as a ',ti . Y r , Ste yi. , r'i r4. pdN,', �� 4r, ka L- • ta (c)Copyright 2004,Pictometry International Creation Date:Jan 04,2004 15:04 Modification Date:Jan 20,2004 16:31 Average Scale: 1inch=93.8 feet Distance between tick marks: 84.93 feet Exhibit "B" ��1V e SET 5/8 INCH ALUMINUM te l O W CAPPED REBAR STAMPED Cei11 �60 R 568.48 "JPH LAND SURVEYING N01°29'00"E 47.90' Lot 1R-3,Block C r S88_30'S2"E Woodlake Village Cabinet P,Pages 926&927 Exhibit Showing12,305 SquareFeetin the Francisco de la Pina Survey 1 Abstract Number 688 City of Wylie, Collin County, Texas City of Wylie Volume 2216,Page 990 D.R.C.C.T. Lot 1R-4,Block C Woodlake Village Cabinet P,Pages 926&927 P.R.C.C.T. W o O o a, N o N O • N z VyPoint of 1 Beginning Access Easement to Harvest N88°31'13"W Real Estate Companies,L.L.C. ( 47.90' Volume 5552, Page 408 I o D.R.C.C.T. o 0 0, N tn cn • State Highway 78 FOUNR 1/2 INCH RE (Variable Width R.O.W.) Sketch showing,to the best of my knowledge and belief,an accurate delineation of field survey and office computations performed by me or under my supervision. N , co'ktro.giais 44044p , i JON P:HOEBELHEINRICH . l 9 5478.......y , o P. Hoebelhei rich `. •eE... MAY Registered Professional -ti0 SURYt�O, Land Surveyor No. 5478 Inc . PROJECT No: 2004.120 JPH Land Surveying, Scale: ' 1858 East Keller Parkway, Suite D,Keller,Texas 76248 Tel: (817)431-4971 Fax: (866)290-4631 October 25,2004 Exhibit"A" Legal Description Being a tract of land situated in the Francisco de la Pina Survey, Abstract Number 688 in the City of Wylie, Collin County,Texas, said tract of land being a portion of a parcel of land deeded to the City of Wylie as described in Volume 2216, Page 990 of the Deed Records of Collin County, Texas, said tract of land being described as follows: BEGINNING at the northeast corner of an Access Easement to Harvest Real Estate Companies, L.L.C. as described in Volume 5552, Page 408 of said Deed Records, said northeast corner also being on the East line of said parcel of land deeded to the City of Wylie, from said northeast corner, a found 1/2 inch rebar at the southeast corner of said parcel of land deeded to the City of Wylie bears SOUTH 01 degrees 29 minutes 00 seconds WEST, a distance of 52.06 feet, said found 1/2 inch rebar also being at the southwest corner of Lot 1 R-4, Block C, Woodlake Village according to the plat recorded in Cabinet P, Pages 926 and 927 of the Plat Records of Collin County, Texas; THENCE NORTH 88 degrees 31 minutes 13 seconds WEST,along the North line of said Access Easement,a distance of 47.90 feet to the northwest corner of said Access Easement; THENCE NORTH 01 degree 29 minutes 00 seconds EAST, a distance of 256.90 feet; THENCE SOUTH 88 degrees 30 minutes 52 seconds EAST, a distance of 47.90 feet to a point on the East line of said parcel of land deeded to the City of Wylie and the West line of said Lot 1R-4,from said point, a set 5/8 inch aluminum capped rebar stamped"JPH LAND SURVEYING"at the northeast corner of said parcel of land deeded to the City of Wylie and the northwest corner of Lot 1 R-3,Block C of said Woodlake Village,bears NORTH 01 degree 29 minutes 00 seconds EAST, a distance of 568.48 feet; THENCE SOUTH 01 degree 29 minutes 00 seconds WEST,along the East line of said parcel of land deeded to the City of Wylie and the West line of said Lot 1 R-4, a distance of 256.89 feet to the POINT OF BEGINNING, containing 12,305 square feet. The basis of bearings for this description is the East line of a parcel of land deeded to the City of Wylie as described in Volume 2216,Page 990 of the Deed Records of Collin County. (S 01 deg. 29 minutes 00 sec W) ft 5k o sTFA°tigcf' Jo P. oebelheinrich 4 JON P.-HOEBELHEINRICH Registered Professional 9 5478 e s Land Surveyor No. 5478 '°, 8 RV ' O � Date: October 25, 2004 � - E:\2004\120U.egals\Exhibit A City of Wylie Access 2004.doc CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 22. 2005 Originating Department: City Attorney Mark B. Roath for Richard Prepared By: Abernathy Account Code No.#: Date Prepared: February 15, 2005 Budgeted Amount: None Exhibits: Two AGENDA SUBJECT: Consider, act upon and authorize the City Manager to sign a Settlement Agreement and Release between the City of Wyle and Michael Curtis. RECOMMENDED ACTION: Approve. SUMMARY: Mr. Richard Abernathy, City Attorney, negotiated this agreement with Mr. Phillip P. Romero, attorney representing Michael Curtis. The benefits of this agreement is that a complete release is obtained, it avoids any potential litigation at no additional cost to the City except the amount paid to the City Attorney's Office to negotiate and implement it. APPROVED BY: Initial Date Department Director: MBR \ 2/15/05 City Manager: \ c1/9/O.f 02/14/2005 13:28 FAX 2145444040 ABERNATHY ROEDER ET AL Z 001/011 ABERNATHY ROEDER Bow • 1700 Redbud Blvd.,Suite 300•P.O.Box 1210 McKinney.TX 75069-1210 •F� 1�PL 11IN1 • �♦ • Metro 214.544.4000•Fax 214.544.4040 ATTORNEYS AT LAW TO: Mark Roath TELEFAX NO.: 972/442-4302 FIRM; City of Wylie TELEPHONE NO.: 972/442.-88120 TOTAL PAGES: FROM: Richard M. Abernathy (Including This Covet F'age) Officer Michael Curtis ADDITIONAL MESSAGE: NOTICE: The following material is intended only for the use of the individual or entity to which it is a(Id,:essed It may contain infornlationthat is privileged,confidential and exempt from disclosure under al)Ip Licable law. if you are not the intended recipient,you should not read or otherwise review this rnaten.a 1. Any use, dissemination or copying of this material is strictly prohibited- if you have rece iv,d this communication in error,please notify us immediately by telephone and return this original ir.essagc to us at the above address via the U.S.Postal Service- Thank you. TRANSMUTED: Date: Feb 14,2005 Operator:AnlY Client Account No.:940272.0202 02/1.4/2005 13:28 FAX 2145444040 ABERNATHY ROEDER ET AL R1 002/011 - _ .�J2� 11 ' FEBFEB 14 2005 10 !54 AM FR DOWNS AND STRNFORI4 651 8421 TO Z145444040 , I DOWNS•STANFORD,P.C. ATTORNEYS AND COUNS6LOR8 DALLAS &AUSTIN , 2001 BRYAN STREET,SUITE 4000.DALLAS.TEXAS 75201 214.748.7900 T 214.748.4530 F Philip P. Romero www,downsstaniford.com promeroQdownsrv.2 nford,Cc6 Arrorney at Law i February 14 2005 , . Via Fax: 214-644-4040 i Mr. Richard M. Abernathy Abernathy, Roeder, Boyd & Joplin, PC 1700 Redbud Blvd., Ste. 200 P. O. Box 1210 i McKinney, Texas 75070-1210 Re; Officer Michael Curtis/City of Wylie; Our File No. 8601 Dear Mr. Abernathy: Enclosed please find a copy of the Settlement Agreement and Release exf..';uted • by Officer Curtis, Please present the executedl,agreement to the Wylie City Coup!:,"!1 for , approval and provide me with a compietel executed copy of the agreement by February 28, 2006. Thank you for your prompt attention to this matter. ' Sincerely, • ,4i-rerfrt..c....tc_____ ., . 'Philip P. Romero i , PPR/dgh H:\Case\8818601 CorreaplAbernathy 2000-02-14 settlement agm.5 rcLWpd Enclosure , • , , 02/14/05 MON 10:54 [TX/RI NU 8149] 02/14/2005 13:29 FAX 2145444040 __ABERNATHY ROEDER ET AL LJ003/011 FEB 14 2005 10:54 PM FR DOWNS AND STANFORD4 651 8421 TO 21 454 44 04(3 P . 03/11 i • AND RELEASE i' �s entered into between the Cl.:'.' tj Agreement and Release(`Agree This Settlement gr ' d et QFWYE.TEXAS-("Wylie),a:general taw nwni , y.gOae al c Zlr i '_F k�11 iaws:of the State of Texas and its City Council me1nbers,etd INXC L CURTIS c is individual residing in Sachse,Texas. I WHEREAS Curtis was an employee of W yliey and erit to resolve any dispute,;: WHEREAS,Wylie and Curds desire to eater iito this Agri id controversies between them, if any, is order tol save the time and expense neceSSalY �''.. • potential litigation;and WHEREAS, it is the desire, impose and inejttion of the des to comprom , ate-lic, dismiss and fully discharge Wylie from any and all Maims, actions and camas of action of;my e whatsoever related to Cards' employment with Wylie;Curtis' aetiOAS,.either mdivi•Xtt�►fly z>a� Wtijlie`s;actions take=in regard to Curtis; arax tile or on his behalf taken in regard to Wylie; employment relationship between Willie and Curtis. For good and valuable con6ideration,receipt of which is hereby acknowledged 1Thrlic . and Cu tis,a0xee as Billows: I. DEFINITi.4N5. defined terms shall have.the ageening Wed: The following . A. The tetra "Curtis" mew Michael 4t1tis, acting individually, on behalf 01 ' s . 1 heirs, executors, administrators, legal represents ivee, beneficiaries and assigts, and :1 all capacities in which he or they have or might have asserted claims against Wylie. "Wylie' Wylie, Texas, its City Council m'�.-13 trs. B. The term wytiG� towns the City of yl- , individually or collectively; its City Manager, Aslsistant City tv1 nager and all rnxploy':°-"' of I - AGREEMENT 'D 9 LEASE•Page 1 1`MMBvx city tdtanTs ,apl ttE10.Cu tM*Q12805•Ftn44 S(sIen e"AfrecoveR aria Rekasexlec I t . 02/14/05 M0N 10:54 [TX/RX Nr1 8149) 02/14/2005 13:29 FAX 2145444040 ABERNATBP ROEDER ET AL {�J004/011 _ _ —_ — P . �J4i11 FEB 14 z005 10:54 AM FR DOWNS RND STANFORD4 651 8421 TO 2145444040 _ . -- _---- i 1 agents,pOCCSi?LS• W lie; all in their.petsoa al and official capacities and its'representatives,Y co tior; iJ i . and Iegal repres �•a11; Other persons; 'firma sacccssols. ,assigns . privity.vtth it. means Mark 13•Rooth or his suceessOT,•or predecessor. C. Tre term``City Manager" - ' Manson or her successor. D. The te;XT1"Assi9t2nF 'Manager"the us Mindy' • The arm. `hector. of Human Restntrees" means Lynn Fagerstrom ce ha Successor. 1 {;,crl F_ The term "Cry Council M bers" means John Moody. RCM Allen, Newsom, Menit'i Young,3.C. Worley,Eric Hogue arid Chris Trout, and any person nvho sety:1!. j as a Wye City Couiil member since January i,2003,individually-cod collectively. G. The terms "party" or "Parties" mman Wylie, the City.Manager, Assistair :it: Maragtr,Director at-Human Resources,the City Council Members and Michael Curtis. II- OBLIGATIONS ig.W' L . i A Wylie has accepted Curtis' resign on env:` May 22, 2003. c:r..rti.n' resignation is final and irrevorable- B. Wylie will:sutbmit to-the Levan and Sadhse police rDepa-tmeats the letter attact1r d ; ibit"A ,. ent inquiries to Wylie concerning Curtis will be responder, i c,by as E; K. All �enp.to ym the Diactor of Harman Reso';i ' d ces for Wylie and will be responded to with Curtis' of employment and the positions in which he served. i C. Upon execution of this Agreement, *ylie will fiie an amended F-S lova v .di TCLEOSE that states Curtis resipacd his employmei1 with Wylie. D. The felloteing statement will be it clu4d in Cis' i aernal.invesdgattoa filer "At.en�asi' Officer Curtis wholly&sl es the alleged teal basis,fixtding; a,at{ conclusions of internal investi iasn i i3'-03.. Officer Curtis m that 1 SEMI N-IT 11.au1F.1~ T AND t Page Zgi SMuen,mt�cs�t t�a R.�'�`•°°` �,�t i cox•cii7►M►(evskVTptiCBrp lv I 02/14/05 MON 10:54 (TX/RX NI 81.491 02/14/2005 13:29 FAX 2145444040,___ ABERNATHY ROEDER ET AL 005/011 . FEB 14 2005 10:54 PM FR DOWNS AND STANFORD4 E51 8421 TO 2145444040 P .05/11 F re:olation of the gppliea6le grovisiotcs . inve�i�'��03-p3 was code,and casc aullr►atitY> �PgsaYne:' of-the TeL Gov erg ) . E. Wylie will attempt to ratify Curtis at ih address below of any public infornattion request that seeks itiicyrmatson rewd++'g his persouneiEta and/or the'internal investi iOn"file. . The.notice shall be sent;n t -address provided below or'as it maybe emended. Failure to gilic I this,obligation terminates whet lr,: notice does hat constitute a ba�ac of the •gee!1 t'and . pursuant to VJylie's retention plan for desttucN��Et ,�i' . internal investigation file is destroyed I dociunents. i . III. OB1 YCATIQNS OF CG7t'l S• A. Cards has previously submi1ted his restgnadon effective May 22, 2003 a%.t; r,,t, 1 aclasowledges that it has been accepted by Wylie effective as of that date_ .Cu tis.rea�iTnt.` 11 i; ': resig;,a i;,-c; d &arcs that it was given freely and vquntatily and of his own free will; awl hi; a.[firms that the resirtation is final and irrevocable. I B. Curtis also agees to the au release land waiver of claims contained her.5in as , consideration for his eg nterrt. C. Curtis agrees not to reapply Tot etnploymeat with Wylie following execuiicr .of . 111i5 Agreement. D. Curtis agrees not to pursue nay actioln before any administrative body o:• .:.•,tutt relating to or arising out of the facts made thebasis ok'this AgeerTnent• Iv. CONEIDEKMV.1TY. 1 To the extant permitted by law,this AgreBmd°i and the circumstances that gave rise to it shall remain coafidetltial; provided: however, such innformation may be communicated to ?i,g;al 1 . raise: for tl a parties; as may be required by lain; to comply with a valid court o.CdcT or adminiseative order,or as may be required to enforce the Agreement_ I I s$TCLBMENT ACRECA0241 5.ND.REII*5>E-PIP �%weoX City'tw>MastWAisl= it ypseatatt.Cw100126ID5 Finar'sat eemo,t sn , I 02/14/05 NON 10:54 [TA/RX Ni) 8149] 02/14/2005 13:29 FAX 2145444040 ABERNATHY ROEDER ET AL a006/O11 FEB 14 2005 10 : 55 RM FR DOWNS AND STANFORD4 651 8421 TO 2145444040 P .OE/11 V. pSE. . �ornDlete jnd G eral Release b Curtis. On behalf.of himself; his 1ors artotneys,executors and.assigns,Curtis hereby oncat4tionaily and fo1ever denies,acquits. Ertl discharges Wylie of and from.any and all claims and from any and.all damages arising iivtr attributed to,or related to: 1. Curtis`employment with Wylie; 2. All acts or omissions or other'conduct, or the breach of any legal cup,;., attributable to Wybe regarding Curtis' em l ymein v.,ith Wylie. occurring through tie date of execution bf this Agreement; 3_ Al sltegations ever made..cornentiy made or that might have.been mail!. by Curtis.againsi•Wylie or by Wylie a sh!Curtis regarding•.Curtis' ernploymen. 'wit Z1t'}41e,inclluding.actions Burring thesettlementInegotianons of this matter,and 4. All claims of discritaineivn,h4rassrrseat,constructive discharge,wt+a,g!,if; discharge, retaliation or other claims reg rdi g Curtis' employment with Wylie alpritis'. Wylie arising through the date.of execution oi:this A ;including,but not 1 i nut ell to, breach of contract,whither written or peal; claims for back pay,reinstatement,',.;s Si ber;erts, vacation pay, health insurance, sick pay or other employee benefits, regarding the settlement negotiations,claims using wider the laws of the State Of Tr:as or the United States of America, includir1&but not limited to,the Civil Rights i►r,t, i2 U.S.C. §1483, et seq.; Americans with Di abilities Act, 42 U.S.C_ §1220l, et WI. ("ADA"); the Ago Discrimbaation in Employment Act, 29 U.S.C_ 0523, ( AD A");.Title VII of the Civil Bights Aci of 1964, as amended 42 US.C. o2Gllt)e, :t seq.; the Texas Commission on Kumar Rig is Act, as amended under the Texan I.1I it A ' sea-meals:Kr ACRl ttotEt r AND RELEASE-P4C5 4 L Ana/Seulematt I►greametu end Rtlrssmdoc 'lvaox.Cuy rdaal•,�yttchEcrn ?+Noi 02/14/05 MON 10:54 (TX/RX NO S1491 02/14/2005 13:29 FAX 2145444040 ABERNATHY ROEDER ET AL 007/O11 FEB 14 2005 10: 55 AM FR DOWNS AND STANFORD4 651 8421 TO 2145444040 P ./07,11 011 • • i ' Code §21.001, et set (West 2000)1 the Family al Leave Act, 29 U.S.C. §:.:601 (1993);.•the Fair Labor Standards Act, 29.u.S.C. §301 .(1952); the Equal Pay Acl, '25 CT.S.C. .§206(d) (1938);Texas Labor.Code, §451.001 (West 2002),;.Texas Geve'r»11 en. Code§554.002(West 2002):Texas Election Cbde §276.004(West 2000) and.tbe liecat1.: Insurance Portability and Accountability Act(41996. . B. Conaple'tc. and Gener Releatie of Wylie The City of Wylie, '_texas unconditionally and forever releases, acquits and dilScharo s Curtis of.and from any ar.d all. claims and !rem any and all damages :arising from, attributed to, or related to Curti:' employment with Wylie and C oilis' execution and discharge of bis duties as an emp1o34i: c;C • Wylie. • vL. CBVVNAr T NOTX0 SU. ; Subject to ,the performance.of this Agreerlae4 by Wylie and Curtis agree and cot,:tart , nOt to sue or prosecute any Party orauy claims,or for any'damages,corning within the IL•l.=.s. . stated above, save and except breach or ron-perfoaaa1nce ofthit Agreement The parties warrant and represent • • A. The Parties are authorized to sign this kgreemens. B. The parties each ewn.one.hundred pet,cent(100%)of the claims released tre thi,u in this Agreement and that no other.person or entityiaarns any interesttherein by.assigtw►cttt,:.r subrogation or otherwise_ C. Curtis.ls not in any way asss ned or Otherwise transferred to any person o:cettit,? any interest in the claims released by this Aeat • • • . SET3l.E1NEtfI M RE.EM:w iY/U`i!d RELZASE-VCue1.'SDt2605!ioal Senlnt�ll ttga�t and Releascdoc ! L:1tABO:City Wuers,Wylle arylaseieuc( ) 02/14/05 MON 10:54 ITX/RX NO 1;149] 02/14/2005 13:29 FAX 2145444040 ABERNATHY ROEDER ET AL Z 008/O11 FEB ' 14 2005 10: 55 AM FR DOWNS RND STRNFORD4 651 8421 TO 2145444040 P .08/ 11 �, — ---.• —---- D. By entering into this Agreement,the Pees acknowledge that: 1. Wylie denies arty liability; � , 2. The Parties da not admit to any ilnlawful or discriminatory contdttet or en y otherect matter of this Agreement;and wrongdoing in connection with the subj . 3, The Parties have entered intd this Agreement willingly fox the toils purpose of avoiding further cost and expense associated with,the instant Matter. 4. The Parties Anther agree that nether this Agreement nor any action 0,:it(5 taken in connection with this Agreement,nor pursuant to it,will,constitute an ad:aysli+,ma or any evidence of unlawful or discriminatory for improper acts at any time by the f 1uti. : against one another. VIII. NOveE. Any xtOtice requited or permitted to be given under this ageement shall be since t:+°l delivered by depositing the same, in the United Mates mail, certified with return inc:e' 1 I requested, postage prepaid, addressed to the appropiiiate Party at the following addresses. 'u al ; • such other address as any part hereto might specify.iv writing: Wylie: City Manager • City.of Wylie,Texas 200D Hwy.78INorth • Wylie:Texas 75098 • Curtis: Michael Curtis • 7318 vista Ridge Lane Sat hie,Texas 75O48 i VIX. MiS_CE'LLA tIEOU.S PROM IOitiS. A Aeltaov'ledameltt of Release of Atli CJaitnii. Curtis and Wylie utlidorsts u,# iY.d . expressly agree that this Agreement extends to (i) alb of Curtis' claims of every.nature and k al, known er retinae; suspected or uas»pected. past or present, ng:flora, amibutah:,:ti+ ix. • i SETTLEMENT AGREEMENT AND REt.lus5e.rase 6 1,:q t3OX City Maneu\v yUcggynp►oyment(Err 0.117 D 12605 Fb+aI{SMtiement Agreement and Releasedoc . 1 I I I 02/14/05 MON 10:54 ('rX/RX NO 1149) 02/14/2005 13:29 FAX 2145444040 ABERNATHY ROEDER ET AL Z 009/011 FEB 14 2005 10 :55 AM FR DOWNS AND STANFORD4 651 9421 TO 2145444040 P. 09/11 I related to Curtis' employment through.the date of execution of this Agreentern or any all.tod action or inaction of Wylie and tl►at all such claims ar e.hereby expressly settled or.waived. t+t i (ii) the claims of Wylie of every nature and kind, lauspecctted, past or present, arising. .to n_ , t t roug flee date of execution oftlttis.�►gtceen;ra;. attributable to or related Curtis' D Y n , B. Costs and Attorney? Fees. Each Party shall bear his or its own costa; aed • attorneys' fees in connection with the•instant clatter, I C. Modification- This Agreement canngt be altered, amended or modified 11 ai-.l• • respect,except by a writing duly executed by the Pmiv against whom the alteration, art►en tee n'. ; or modification is charged. All prior agreements,tm ietstaadings,.oral agreena.e►us and aiitit! ; are expressly superseded hereby and are of no further korce or effect. D. Construction of Terms. This Arteen►eut shall be deemed drafted equally by ill • parties hereto. The language of all parts of this �t shall be construed as a whole ,, according to its fair meaning, and any presumption ok principle.that the language herein i:.to h•r. i • construed agaiest any Party shall not apply. Headings in this Agreement are for the conve l i zl.„ • of the parties and are not intended to-be used in construing this document. , E. 5everabilfty. The provisions of this Agreement are. severable. If a cut c:f 1 competent jurisdiction rules that any portion of this1Agreet+teet is invalid or unenforceable, LUc• . court's ruling will riot •affect the validity and enforceability of other provisions 111 11115 I i Agreement. • . F. Revocation. For a period of seven (7) clays following the execution o' +Ir:s • Agreement, beginning on the next calendar day 1 following its execution (the "Row c at irri I Period"), Curtis may revoke this Agreement, said it will not become effective mail 11".€ 'Revocation Period has expired. Notice of Revocation shall be made in writing to the 1':ii.y 1 SEITLtMS NT,a,GREEMOIT APID WE. EASE•rage 7 1 L:IMBOX-City Malrets`►Y1i4i p[owi CEIrKtu is,D12605 FinaIlSetrkmere Asreement GM Relose:doc • I i 02/14/05 MON 10;54 (TX/RX NO ;it49I 02/14/2005 13:30 FAX 2145444040 ABERNATHY ROEDER ET AL [j 010/011 FEB 14 2005 10:55 RM FR DOWNS RND STANFORD4 651 8421 TO 2145444040 P. 10/ 11 — �� _ i Manager for Wylie, prior to the cavitation of the 1tvôcation Period. This Agieergent � become effective, and Curtis will have forever waived his rights and abilities to revoke It ;it:C the expiration-of the Revocation Period.. fa the event 4f re Vocation„the Release contained u t Ibis Agreement shalt be null and void, and all consi eration offered by the Wylie sbail -- immediately rescinded. the Pit . Reme4ies for Breach. In the event f a breach of this Agreement, • shall.ha'1'e all remedies available at law or in equity. IT. Aeknowleleimen0. The Parties further acknowledge that they have care,u117 read this Agreement, that they have consulted with their attorneys prior to execuhn3 it.is Agreement, that they have had an opportunity for r,e%iew of it by their-attorneys,that they- 11,;'ly taly:ndGrstartd its tine binding effect, that the 4iJy promises made to them to stg:. s Agreement axe those stated above and that they are!signing this Agreement voluntarily. ',[le Parties also acknowledge that signatures obtained ilia facsimile are sufficient to execui4. I:his Agreement. • L Venue. This Agrminiertt shall be petf4rmable in Collin County,Texas. Date B.Roach .City,Manal er,City of Wylie,Texas Ibate_ • I t , SFTTLEME n'AGRERME IT AATa RELEASE-Paste t: I t and Rctcsse dc� 14N1BOXICity /attcrs‘WyLK1 loygowa(Eb) 4.1a605 FIso1l5ettli4neni Aga-cumin 02/14/05 MON 10:54 [TX/RX Ni) 51491 02/14/2005 13:30 FAX 2145444040 ABERNATHY ROEDER ET AL Z011/011 FEB 14 2005 10: 55 AM FR DOWNS AND DTANFORD4 G51 8421 TO 2145444040 P. 11i11 I • i ACID ' and P eiesse was acko,ow1edria.before; The above and foregoing Settlement A' 2Q05: trte by Mfichael.Curtis on Iris /0 day"oI je°69-Nio Wry public m as d f�tir the Siate o Tv t; aos+►sTOvVAL>wu. • ly Ca•l�aissitta Expirns: 7.2 3 �0 _.. DAY COMMISSION EXPIRES 1/4% e* ber 2,2007 I • AC OW OMEN ' • The above and foregoing Settlement Agree men, and Release was aclalowledae:d itefo-le me by Mark 3_ Ruath, The City Manager of the Citir of.Wylie, Texas, orr this _ stay of x005_ l • • • 3lotary Pubtic in and or the Stale of T•,x r J} 1tcy Cdrarnisstion Expires: • _,--- • I 1- I • 1 • i 1 ' I I • I • 1 5Trn3.m tel!T Acimeeizier Aro,RW.1°ASE-Pew., L_MBOX City Mu[1akwya 1 At Xurds\Q L=603 Fir+Y1 retain=A re mcnt rei4 Ref .i dee I - i ** TOT1:1_ PAGE . 11 /toic 02/14/05 MON 10:54 [TX/RI N] 8149) CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 22. 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: February 14. 2005 Budgeted Amount: $40.000 Exhibits: One AGENDA SUBJECT: Consider and act upon an amendment to the budget authorizing the City Manager to transfer funds in the amount of$16,500 for the lease of two modular office trailers. RECOMMENDED ACTION: Approve. SUMMARY: The City Charter, Article VII., entitled, Municipal Finance, Section 4. (D) reads: "Transfer of Appropriations. At any time during the fiscal year, the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Upon written request by the city manager, the city council may, by budget amendments, transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. " (Emphasis added) In the 2004-2005 Annual Operating Budget, the City Council authorized $40,000 to expand the Police Department facility (see Page 34 of the Budget). The Department Plan was to construct additional office space using a portion of the current City Hall hallway. After considerable internal discussion, the City Administration is proposing a modification to the Police Department Plan, which was funded by the City Council. Specifically, we are proposing that the Police Department, in lieu of building into the City Hall hallway, renovate the area currently being used by the Building Department including the Public Service Director Office and cubicle area used by the City Engineer staff. In turn, we are proposing to lease two (2) modular office trailers to provide space for those displaced personnel.* One modular, 36' x 56', would be located behind the City Hall. That modular would provide 2,014 square feet of office space for the building department personnel including the code enforcement division. The other modular, 24' x 36', would be located at the Public Works facility. The modular would provide 1,344 square feet of space for the Public Service Director, City Engineer and his three support staff. By locating that modular at the Public Works facility, the Public Service Director would be closer to his department personnel. And, the City Engineer, who works closely with field operations, would be nearer to them as well. APPROVED BY: Initial Date Department Director: MBR \ 2/15/05 City Manager: //��D.s' AGENDA SUBJECT:Consider and act upon an amendment to the budget authorizing the City Manager to transfer funds in the amount of$16,500 for the lease of two modular office trailers. SUMMARY: (Continued) The Police Department's estimated cost to renovate this area is $23,500. Said cost includes an additional interview room, expanded women's locker room, reconfiguration of the Public Service Director's former office into a records room, new carpet, moving phone lines, installing computer cable and additional furniture. With the original budget being $40,000 and the Police Department's estimated cost to remodel the Building Department area at $23,500, we would like to transfer the balance of$16,500 to support the cost of the modular trailer lease for the remainder of this fiscal year and some related improvement costs for that project (see companion item). * Note: We also explored other options including reducing the current City Council Chambers and constructing offices as well as leasing off site third party office space. In the end, however, the modular trailer concept was thought to be the best alternative since it improved efficiency of operations as well as being cost effective. 2 BTR# 05-002 City of Wylie Budget Transfer Request Col (1)Current Cal (2) Col (3) Col (1)+(2)=(3) Account Number Account Description Budget Increase Decrease Adjusted Budget 100-5211-58910 Buildings 40,000.00 (16,500.00) 23,500.00 100-5181-56180 Rental 0.00 9,900.00 9,900.00 611-5719-56180 Rental 0.00 6,600.00 6,600.00 TOTALS (MUST EQUAL) 16,500.00 (16,500.00) DESCRIPTION/JUSTIFICATION: Funds are being transferred to provide lease payment for portable buildings provided for buildings provided for Public Works and the Building Inspection Department. Also included is the one-time set up of the buildings DEPARTMENT HEAD SIGNATURE DEPARTMENT DEPT# DATE FINANCE COMMENTS: Funds are available for the transfer in the original budget of the Police Department. FINANCE DIRECTOR: 7J — —lq-Or ✓ DATE CITY MANAGER : '�'/L o /G! Y. 2-•�cc 4 " ,/ DATE TRANSFER APPROVED: YES l7 NO 0 BTR# 05-002 City of Wylie Budget Transfer Request Col(1)Current Col (2) Col (3) Col(1)+(2)=(3) Account Number Account Description Budget Increase Decrease Adjusted Budget 100-5211-58910 Buildings 40,000.00 (16,500.00) 23,500.00 100-5181-56180 Rental 0.00 9,900.00 9,900.00 611-5719-56180 Rental 0.00 6,600.00 6,600.00 TOTALS (MUST EQUAL) 16,500.00 (16,500.00) DESCRIPTION/JUSTIFICATION: Funds are being transferred to provide lease payment for portable buildings provided for buildings provided for Public Works and the Building Inspection Department. Also included is the one-time set up of the buildings DEPARTMENT HEAD SIGNATURE DEPARTMENT DEPT# DATE FINANCE COMMENTS: Funds are available for the transfer in the original budget of the Police Department. FINANCE DIRECTOR: ✓�,,/ DATE CITY MANAGER : '/L Ca o ,G'aK Z—.GCS=Ian" ,.,/ DATE TRANSFER APPROVED: YES l NO 0 CITY OF WYLIE Item N City 2. Secretata ry's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 22. 2005 Originating Department: City Manaaer/Purchasina Prepared By: Mark Roath/Jim Holcomb Account Code No. #: Date Prepared: February 14. 2005 Budgeted Amount: Exhibits: Various AGENDA SUBJECT: Consider authorizing the City Manager to enter into a lease agreement for two modular office trailers from Nortex Modular Space in the amount of$2,075 per month plus $4,800 for set up. RECOMMENDED ACTION: Approve. SUMMARY: The City solicited and received proposals for two (2) modular office lease trailers, which were opened on February 9, 2005. The following lease bids were received: Bidder Proposal --Nortex Modular Space $1,880 per month*, no charge for delivery and $4,800 set up --GE Modular Space $2,000 per month, $1,605 delivery and $7,053 set up --Ramtech Bldg. Systems $2,447.71 per month, $1,615 delivery and $5,992.50 set up --US Space Leasing $3,055 per month, $1,264 delivery and $5,771 set up --Comark Bldg. Systems $3,362 per month, $3,500 delivery and $13,475 set up. * Nortex has offered an exterior finish with stucco siding and mansard roof trim for an addition $195 per month and/or a total monthly cost of$2,075; which would better match our existing buildings than a wood façade that was originally bid. Staff recommends this additional cost, since it would improve the appearance of these proposed facilities. The estimated cost to lease these modular office trailers for the remainder of this fiscal year is $12,450 (April through September, 2005). The annual estimated lease cost is $24,900. As noted in the budget transfer item, the City will have several estimated non-reoccurring costs as follows: The cost to provide computer networking to both buildings is estimated at $8,000. The cost to APPROVED BY: Initial Date Department Director: MM \ 2-14-05 City Manager: /Y24 \ 609/0, 1 AGENDA SUBJECT:Consider authorizing the City Manager to enter into a lease agreement for two modular office trailers from Nortex Modular Space in the amount of$2,075 per month plus $4,800 for set up. SUMMARY: (Continued) provide ADA compliant ramps and stairs for both buildings is estimated to be $6,500. In addition, we estimate the cost of electricity for both buildings to be $3,600 per year. Upon approval of the modular office trailer bid, the City staff will prepare detailed costs for both the non-reoccurring and reoccurring costs for the remainder of this fiscal year and include them in the Mid-Year Budget, which is expected to be presented to the City Council on March 22nd Note: If the modular office trailer bid is approved by the City Council, the City expects to have these trailers delivered and ready for occupancy by mid-April, 2005. 2 CITY OF WYLIE INVITATION FOR BIDS MODULAR OFFICE BUILDINGS The City of Wylie is soliciting competitive bids for the lease of two modular office buildings, as specified below. Sealed bids shall be clearly marked "Modular Office Bid" and addressed to City of Wylie, Office of the Purchasing Agent, 2000 Highway 78 North, Wylie, Texas 75098. Bids shall be accepted at the above address until 2:00 PM February 9, 2005 at which time all duly received bids shall be publicly opened. The City reserves the right to reject any or all bids and to accept the bid which provides the best value for the City. The term of the lease shall be thirty-six months. The successful bidder shall provide all engineering and manufacturing services necessary to meet the City's minimum specifications for modular office buildings and shall be responsible for the timely delivery and set up of each building as specified. The contractor shall also submit all plans, specifications and engineering design calculations to state and local building officials, as required, and shall obtain state approval and seals for each module. Interior office space arrangement shall conform to the attached floor plans. Minimum Specifications For Modular Office Buildings Size Building A- 36' X 56', approximately 2,016 square feet (three modules) Building B- 24' X 56', approximately 1,344 square feet (two modules) Delivery/Setup Location Building A- 2000 Highway 78 North, behind City Hall facility. Building B- 949 Hensley Lane, behind Service Center facility. Installation _ The building modules shall be installed on a block pier foundation, above grade, anchored and skirted and all exterior and interior finishes completed. All electrical, mechanical and plumbing systems shall be completed and ready for City to connect to site utilities. Exterior Finishes and Materials Color- Exterior colors shall be similar, if not identical, to existing City facilities. Siding- LP Smart Panel or equivalent wood product siding. Insulation- R-11 Kraft back fiberglass batts Roofing- 45 mil single ply rubber membrane over '/4" densdeck Doors- 36" commercial steel door w/10"X10" window, hydraulic closer, deadbolt and passage lever hardware Windows-Aluminum frame, clear glass, vertical slider, single glazed Interior Finishes and Materials Color- Interior colors to be selected by City. Walls- Wall coverings shall be 3/8" vinyl covered gypsum with wrapped battens, except restroom walls which shall have 4" high white FRP wainscoat panels. Flooring- Single layer 3/" Sturd-l-Floor decking, R-11 fiberglass batt insulation Floor Covering- 26 oz. commercial grade carpet in work areas, 1/8 commercial grade vinyl tile in restrooms and break rooms, 4" vinyl cove base throughout Ceiling- 2' X 4' standard T-grid ceiling tile Doors- 36" hollow core door w/metal frame, lever passage, wall mounted door stops ElectricalNoice/Data Services Service- 120/230V, 60hz single phase Panel Type, Building A- 3 each 125 amp w/main breaker, ext. mount, NEMA 3R Panel Type, Building B- 2 each 125 amp w/main breaker, ext. mount, NEMA 3R Minimum Lighting, Building A- 2 each fluorescent exterior fixture w/photo cell, 20 each 48" 4-tube diffused fluorescent interior fixture, switching per code Minimum Lighting, Building B- 1 each fluorescent exterior fixture w/photo cell, 11 each 48" 4-tube diffused fluorescent interior fixture, switching per code Minimum Receptacles, Building A- 29 each 20amp/125v duplex, 2 each 125v waterproof exterior, 3 each 125v GFCI protected, 1 each 20amp heat tape receptacle, 1 each 30amp dedicate receptacle for copier, 12 each RJ-45 jacks Minimum Receptacles, Building B- 26 each 20amp/125v duplex, 1 each 125v waterproof exterior, 2 each 125v GFCI protected, 1 each 20amp heat tape receptacle, 1 each 30 amp dedicated receptacle for copier, 8 each RJ-45 jacks Cabling- pre-wired for electrical and voice/data services (CAT-5E). Cable runs shall be sufficient to reach a single point of connection in each building. Heating and Air Conditioning HVAC Type, Building A- 3 each 30vp 2.5 ton cooling, 10 KW electric heat strip HVAC Type, Building B- 2 each 30vp 2.5 ton cooling, 10 KW electric heat strip Mounting- End wall mount Supply Duct- 18" X 9", foil face fiberglass Return Air Plenum- return air via ceiling or wall plenum Diffusers- 24" X 24" 4-way lay-in R/A Grilles- 24" X 24" perforated lay-in Restroom Exhaust Fans- 1 each 100 cfm ceiling mounted light combo Programmable Thermostats Plumbing Supply Lines-Type L copper D.W.V. Lines- PVC Toilets- Handicapped tank type Lavatories- White vitreous wall hung, ADA handles Sinks- 15" X 15" stainless steel bar sink, gooseneck faucet, ADA handles Paper Holder- chrome single roll, wall mount Water Heater- 6 gallon electric w/vacuum relief and drain pan Mirrors- 18" X 36" w/clips Cabinets Building A- minimum 6 linear feet base cabinet w/laminate top, ADA sink base Building B- minimum 4.5 linear feet base cabinet w/laminate top, ADA sink base BID SUBMITTAL Recurring Charges 36 Month Lease, Monthly Payment: $ /)aern. 43.1144( 5 Optional recurring charges (describe): 8181 bder(or cev l he/31 7- $ )SS 66 per/na l SLu&o t 6r- lrfloiraizt $ fiS,a-U ` rn �1S11 Ptikiaxg 61 s $ - L3.00 pzr �'1a Non-Recurring Charges Delivery: $ ,V dace_ e Set Up: ;we-hides 4e1- 4 miir ri $ 4;Boo, ®O Dismantling: $ 4, g6o' co Return Freight: $ Aki Options: a,,75-0 , Q Gyf ”1/.�J q�td lito)vspsiels At Wood Decks, Ramps & Steps: $ dS per sq. ft. Skirting in Wood: $ 3, ..30C',OO Bidder Name & Address /2/4> X 7Yl K , 0-3- �47,,ee Lave. 2.8147r6,9/4, 7- -,(0s -2SQ SG 92. -- 4907 —4-640 Authorized Signature: V` Nortex Modular Space An;iCr , 555 Jubilee Lane � _ Lewisville,Texas 75056 972-492-4040 Fax 972-492-2704 1 H i4 N is 5 jim@nortexmodular.com Tuesday,February 08,2005 City of Wylie 2000 Hwy 78 North PO Box 428 Wylie,TX 75098 Attn: Jim Holcomb Dear Jim: Re: Lease of Modular Office Buildings Thank you for this opportunity to serve your fine organization.We are very pleased to serve many cities and towns in Texas and look forward to hearing from you soon. Enclosed is our acknowledgement of Addendum number one,our signed bid sheet,a proposed schedule,and marketing information in support of our bid. Nortex Modular Space is a State of Texas certified HUB (woman-owned)and state licensed by the Texas Industrialized Housing and Buildings(license IHB-232). We offer many options to enhance the quality of your new buildings and have indicated just a few that we offer on the bid sheet provided.We invite you to visit our model office in Lewisville to see first hand the many options that we offer.The stucco exterior when combined with the high ceilings and guttering system results in buildings that looks like the one in the attached photographs(City of Dallas Public Works).We also offer cedar decks and ramps as shown in these same photographs. Please call with any questions, Sincerely, Nortex Modular Space J Attrell VP Sales Your phone number is 972-442-8142 fax number is 972-442-8105 See our web page at"http://www.nortexmodular.com" State of Texas Certified HUB Member AGC Member MBI City of Wylie Modular Office Buildings 1 Feb 05 Mar'05 Apr'05 ID 0 Task Name I Duration Start Finish 30 6 I 13 [ 20 1 27 J 6 I 13 1 20 1^ 27 1 3 j 10 C 17 —1 ix J Bid Closing 0 days Wed 2/9/05 Wed 2/9/05 2/9 2 Contract Award 5 days Wed 2/9/05 Tue 2/15/05 , ,i'1'1 3 Approval Plans 3 days Wed 2/16/05 Fri 2/18/05 4 ® Approval by City Council 3 days Tue 2/22/05 Thu 2/24/05 MIN I 5 Engineered Drawings 7 days Fri 2/25/05 Mon 3/7/05 I.- 4 . j Order Materials 10 days Tue 3/8/05 Mon 3/21/05 li;I; 7 Site utilities and pad(City) 10 days Tue 3/8/05 Mon 3/21/05 8 Manufacture Buildings(Garland Factory) 11 days Tue 3/22/05 Tue 4/5/05 9 Deliver to jobsite 2 days Wed 4/6/05 Thu 4/7/05 . 10 DM Setup 4 days Mon 4/4/05 Thu 4/7/05 lam 11 Utility connections(City) 2 days Fri 4/8/05 Mon 4/11/05 F I■ 12 Skirt Exterior(option) p 2 days Tue 4/12/05 Wed 4/13/05 13T Build steps,decks and ramp (option)o tion) 4 days Fri4/8/05 Wed 4/13/05 1 i 11 14 Punch list 1 day Thu 4/14/05 Thu 4/14/05 to 15 Occupancy 0 days' Thu 4/14/05 Thu 4/14/05 ♦ 4/14 I I t I i I Task I IIIIIhiI I I I, Milestone ♦ External Tasks ,. Project:Schedule 020805 Split Summary11.1111M1.11.1. External Milestone • Date:Tue 2/8/05 Progress IIIIIIIIIIIII Project Summary 11.111111111.11111111. Deadline Nortex Modular Space Jeff McClain Project Manager 972-492-4040 Fax 972-492-2704 Cell 469-387-3102 rocsed mS and Steps 4 v to N., vitt) „— — NaUr, ,Vtth Proposal by Nortex Modular Space 20 February '11 , 05 Lease/Rental Terms and Conditions The Customer will not acquire title to any leased or rented structures during the lease or rental term. The structures will be leased or rented for the life of the leasing arrangement as specified in the purchase order or lease agreement. During the lease term,the structure shall remain the property of Nortex Modular Space. The Customer shall have no right or interest in the structure,except as provided in the leasing agreement,and shall hold the leased structure subject and subordinate to the rights of Nortex Modular Space. All structures offered for lease or rental shall be new or used unless specified in the purchase order or lease agreement. Maintenance is not included in the charge for leasing although the Customer may obtain maintenance services from Nortex Modular Space or other sources.Door adjustments,HVAC filter changes,cleaning and other maintenance is the responsibility of the customer. Unless otherwise stated in a the lease or rental order,the Customer is responsible for site access,leveling, compaction(to 2,500 psf),site utilities,footings(if required),staking of the location,temporary power during setup,trash dumpster,bathroom facilities for setup crew,utility connections during the setup including utility harnessing in the crawl space,decks,ramps and landings,skirting,fire alarm system(if required),fire sprinkler system(if required),telephone wiring,and site restoration if damage such as ruts in grass surfaces etc caused during the delivery process.These items may be added to the purchase order upon joint agreement. Nortex Modular Space shall provide an invoice for the monthly lease payment,in advance of the month that the billing applies to,and the Customer shall pay that invoice within 10 days.One-time charges shall be paid within 30 days of invoice. Payment for less than one month shall be prorated at 1/30t of the monthly rate for each calendar day. Upon written notice,at least thirty(30)days prior to expiration of the lease term,and provided the Customer is not in default,the Customer may: a. Exercise the option to extend the lease term b. Allow Nortex Modular Space to resume possession of the structure after expiration of the lease term. The Customer may affix or install any accessory,addition,upgrade,structure or device on the structures provided that such items: (1) can be removed without causing material damage to the structures; (2) do not reduce the value of the structures;and (3) are obtained from or approved by Nortex Modular Space,and are not subject to the interest of any third party other than Nortex Modular Space. At the end of the lease term,the Customer shall remove any additions which: (1) were not leased from Nortex Modular Space,and (2) are readily removable without causing material damage or impairment of the intended function,use,or value of the structures,and restore the structures to its original configuration. Any Additions,which are not so removable,will become the property(lien free)of Nortex Modular Space. The Customer is relieved from all risk of loss or damage to the structures during periods of transportation, installation,and during the entire time the structures are in possession of Nortex Modular Space,except when loss or damage is due to the fault or negligence of the Customer.The Customer shall assume risk of loss or damage to the structures during relocation unless Nortex Modular Space shall undertake such relocation. The customer shall be responsible for loss of or damage to leased or rented structures except for: a. normal wear and tear and b. Loss or damage caused by the negligence of Nortex Modular Space,its agents or employees. Nortex Modular Space is required to provide all insurance during the delivery,installation,teardown and removal process. The Customer shall provide evidence of suitable insurance coverage for both property damage and liability insurance. Assignment of title by Nortex Modular Space for any leased structures will not relieve Nortex Modular Space of any responsibility of the contract The customer is responsible for all state,local and other applicable taxes. Notwithstanding the provisions of the agreed upon contract document,this agreement may be terminated at any time for the Customer's convenience.However,the Customer shall pay Nortex Modular Space for the full remaining months left on the minimum lease contract plus the cost of teardown and return delivery charges. At the expiration of the lease term,the structure shall remain the property of Nortex Modular Space and Nortex Modular Space shall resume possession of the structure. Nortex Modular Space is required to remove the structure within 60 days of completion of the lease term unless otherwise agreed upon by the customer. The customer shall make arrangements and pay the costs associated with removal of furniture and any other Customer property,the disconnection of all utilities,and any other work provided by the Customer or paid for by the customer in one time charges during the initial setup including site restoration, removal of poured-in-place footings,decks and ramps etc. The return delivery price may be renegotiated by Nortex Modular Space and increased to the extent that the CPI has increased during the term of the lease or rental order. Customer may not renovate or relocate the building without prior written consent by Nortex Modular Space. 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SAMPLE RENDERING A SAMPLE RENDERING B Mirrors- 18" X 36" w/clips Cabinets Building A- minimum 6 linear feet base cabinet w/laminate top, ADA sink base Building B- minimum 4.5 linear feet base cabinet w/laminate top, ADA sink base BID SUBMITTAL Recurring Charges 36 Month Lease, Monthly Payment: $ a Ooo Do/Obo moAtk 0 `MoAtk Optional recurring charges (describe): ()SR STEPS $ i s . ik frowx -ti .�o OPT r ory L- i NSurtA�.ce $ 97 /740441 lbA-MAGE 0v110E1(2.. $ /50 •oo /inert/I/ Non-Recurring Charges . o0 Delivery: $ I) (Oo5 . 00 Set Up: $ 7� 0.5 3 .00 Dismantling: $ 7) 786 Return Freight: $ B b 5 Options: Wood Decks, Ramps & Steps: $ 13 • 5= per sq. ft. Skirting in Wood: $ 3 �� �o GE EtDoieME&T S viccs Bidder Name &Address (J1o�ul.w�Z. SP�c� 1-4.2,SS CA►z3or,1 Rort� =2J,aG h .s 75038 Authorized Signature: ITT E,E,07ror, 14.65 -Bien) Assumes› . TNE2E FOIE No TRXE5 14AvE BFEt.1 rNCLuDe. • C ITl eF W9Li E t"lusT N-ov OF TRx EXE61 F-DtLt'\ Bid Submittal Recurring Charges 36 Month Lease, Monthly Payment: $ 2,447.41 /mo. Optional recurring charges (describe): NONE $ - $ - $Non-Recurring Charges Delivery: $ 1,615.00 Set-Up: $ 5,992.50 Dismantling: $ 6,503.44 Return Freight: $ 1,900.00 Options: Wood Decks, Rampts & Steps: $ 15.00 per sq. ft. Skirting in Wood: $ 1,650.00 Bidder Name & Address Ramtech Building Systems, Inc. 1400 US Highway 287 Soup?, Mansfield, TX 76063 Authorized Signature: v ary hate, Vice President Date: February 8, 2005 Mirrors- 1 S" X 36" w/clips Cabinets Building A- minimum 6 linear feet base cabinet w/laminate top, ADA sink base Building B- minimum 4.5 linear feet base cabinet w/laminate top, ADA sink base r / BID SUBMITTAL bit( IC/( CV\ (.:, /3 Recurring Charges v 36 Month Lease, Monthly Payment: $T- 5 Optional recurring charges (describe): . of $ .` `# . 1P . $ Non-Recurring Charges Delivery: _ii--.5-0---(----. 0.0 Set Up: $___A-0---I---Q--_ Dismantling: $ 0 c7 Return Freight $ Options: {� J(>L per sq. ft. Wood Decks, Ramps & Steps: $- - Skirting in Wood: Q Bidder Name &Address (4, ,5 _ S cc L -e L-eQ. 5 ' v Authorized Signature: Mirrors- 18" X 36" w/clips Cabinets Building A- minimum 6 linear feet base cabinet w/laminate top, ADA sink base Building B- minimum 4.5 linear feet base cabinet w/laminate top, ADA sink base BID SUBMITTAL 6 LT C' i v1 A Recurring Charges �d 36 Mo nth Lease, Monthly Payment: $ {� 3 Optional recurring charges (describe): Ai ' c'e t`c ✓\. Pit_ t iity -e c/ $ c a.I s5 iVef WI c.l c ic/ $ J ii lcx.eS p ;-oocat'c/ $ Non-Recurring Charges a 6 Delivery: 0 Set Up: $ / -/'7 1_ _ - Dismantling: $ ft 6 9 b J oR Return Freight: $ A I / V)0 ____ Options: 1 CS per sq. ft. Wood Decks; Ramps & Steps: $ ILL `t Skirting in Wood: $ it i 1 I I Bidder Name & Address t'l , ..5 - 5 pc1 c e L c(. c ,`n m / ►-- o GeiScJ./tom B 75 5 37 3 , Authorized Signature: `C 01 �-c P2cc-4..../c-k.- Mirrors- 18" X 36" w/clips Cabinets Building A- minimum 6 linear feet base cabinet w/laminate top, ADA sink base Building B- minimum 4.5 linear feet base cabinet w/laminate top, ADA sink base BID SUBMITTAL Recurring Charges 36 Month Lease, Monthly Payment: $ 3 , 362 . 00 Optional recurring charges (describe): N/A $ N/A $ $ Non-Recurring Charges Delivery: $ 3 , 500 . 00 13 ,475 . 00 * Set Up: $ * Skirting not included Dismantling: $ 4 . 000 . 00 Return Freight: $ 3 , 500 . 00 Options: Wood Decks, Ramps & Steps: $ 14 .4 0 per sq. ft. Skirting in Wood: $ 2 , 649 . 00 Bidder Name &Address CoMark Building Systems , Inc . P . O . Box 789 , DeSoto , TX 7 123 Authorized Signature: Z5""-- CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 22, 2005 Originating Department: Fire Department Prepared By: Shan English Account Code No. #: Date Prepared: February 08, 2005 Budgeted Amount: $567,793.00 Exhibits: 1 AGENDA SUBJECT: Consider and act upon approval of the purchase of a new quint fire apparatus. RECOMMENDED ACTION: Staff recommends approval for the purchase of the new quint and the purchase be financed by public property finance contractual obligations for a period of seven years. The purchase of the quint to replace Booster 1 will allow the fire department to continue with current staffing and maintain the goals that have been set forth in the master plan. SUMMARY: Wylie Fire Rescue utilizes three first line apparatus: • Quint 1 (2000) Which is a general fire apparatus • Quint 2 (1996)—Emergency vehicles fire apparatus • Engine 5 (1991)—Sutphen fire engine Wylie Fire Rescue's only reserve engine is a 1981 750 g.p.m. pump booster, and it is in need of replacement. Mechanical repairs over the past two years have required Wylie Fire Rescue to borrow a fire engine from Plano as a front line apparatus. Increase in the city's growth and call volume has increased maintenance on all fire apparatus. Wylie Fire Rescue is need of a new quint fire apparatus that will allow the rotation of vehicles with the following assignments: • The new quint will replace Quint 2 front line at station two. • Quint 1 will remain front line at station one. • Quint 2 will become Quint 5, which is first line for off duty and volunteer personnel. • Engine 5 will become reserve apparatus. • Booster 1 will be donated to the Forestry Service. Booster 1 is currently being used by off-duty firefighters as a reserve apparatus. The apparatus also has a history of chronic mechanical problems with the brakes, the electrical system, the fuel system and the APPROVED BY: Initial Date Department Director: SE \ 2/08/05 City Manager: \ ®/it/Ov AGENDA SUBJECT: Consider and act upon approval of the purchase of a new quint fire apparatus. SUMMARY: (Continued) plumbing system. When fire apparatus is sent out for repairs, it is out of service on average, seven days. Work on the engines are out sourced due to their technical nature. In addition to the mechanical problems, the apparatus has some design issues. It is a two-man cab, which allows only two fire personnel in the vehicle. Due to updated safety standards, the tailboard can no longer be used for additional personnel. The apparatus has a 750 g.p.m. pump which restricts its capabilities to either flowing the deck gun or flowing the pre- connects. It is not able to do both at the same time. The proposed quint would have most of the same features as our current Quint 1. The major difference between Quint 2 and the new quint would be a custom chassis verses factory built chassis. We have not been satisfied with the detail work of the manufactured chassis and have had the manufacturer re-engineer the brake system. The quint would be delivered sometime in 2006, if the order is placed in February. A concept drawing, pricing and an article that discusses the quint concept is included for the council's review. The purchase of this quint is consistent with the fire department's master plan which runs through the year. The time lines for purchasing a new quint include: • Design and engineering (60 to 90 days) • Obtaining a construction slot for the chassis (up to a 16-month lead depending on the type and make, due to the shortage of Allison Automatic transmissions). • Obtaining a construction slot for the ladder(up to six month lead, due to the relocation of the manufacturer of the type ladder we are requiring) • Construction of the body will take about four months • Total actual construction of the vehicle will take about eleven months Construction and delivery schedule: January 2005 Design and engineering February Drawing and vehicle specs. March Place order(deposit) April Chassis construction May Chassis construction April Chassis construction June Chassis completion/ladder construction July Body construction and assembly August Body construction and assembly September Body construction and assembly October Body construction and assembly November Body construction and assembly December Unit completion, inspection, and testing The purchase of the quint would be made under the terms of an existing contract between General Safety Equipment and the City of Plano which, along with the City of Wylie, is a member entity of the Collin county Governmental Purchasers Forum. This cooperative purchasing arrangement is made possible by the Interlocal Cooperation Act and satisfies the competitive bidding requirements of Chapter 252.021 of the Texas Local Government Code. AGENDA SUBJECT: Consider and act upon approval of the purchase of a new quint fire apparatus. SUMMARY: (Continued) FINANCIAL CONSIDERATION: It is estimated the new fire apparatus will cost $568,000. Considering the large cost, one-time funding from the General Fund would not be an option. Two other avenues of payment are available: lease purchase or bond financing. A payout of seven years was considered on both options and there is not a large difference in the total payout over the seven-year period in either method. Payments would be in$95,000 per year range. However, it appears the bond financing would provide some cost savings so that would be the preferred method at this time. Funds would need to be available in 2005 necessitating the sale of any bonds prior to delivery of the apparatus. The type of bonds considered does not require prior approval by the citizenry. Attachments: Quint drawing m 1 h, N? S . 1 6oftIN • I'isfsltni. I foA r la OR A MUiN la% GI m g1,1tm I f d \ J ,� l J m 1 Y}a I--Y 1 1 t i Q 1 <•v �, d e 1 u j': ~ V C „Olt 1{ �tct 1` q P i D ad-- I JI o lI ---' Lino j 1 I 11/ " OM 1 f_-I Lir-. ._i' r —f A' I I I xt ii I I Ef rt t•-• ..-0' Li I I • ( 1-1 OF: 1 1 4! AIM * _ `` 111 • y1 1.1 :ry 1. L IJ~� C. i . F- I.. I Wu/ I II gliiii 1S IL 'S 000000� i I r Nt,1. IIAUsi nhI.1 a r't' ..� „L%'YV • el 11, se • it et, .a \ 1,. I M. I. *.w.,) (V m i —PROPOSED— GENERAL SAFETY EQUIPMENT 'PR I Pt484-03 xr 1 Oli asyra Katz *Pig cum mom lE m Cn st tili nut* m C vg WYLIE FIRE DEPT. � � IMAM DT� r•I i Tut 'I`IIoVoI= amp] •�•^� W MOT Y.MI DCM1K. NA room's HL MMeGtl1UR•`.I WSW t0 It1':MIMe1G CIw1LYf OK IGsta 0,6 IESIf III)k mcn avt 1VTMU IMO II r CS e91 Ircrsvnv D*ai n4M 111.1 Gi W snatu'O*1. Alit tIEOa 1710111/Oil CH IUt CY n. Q CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 22, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: February 11, 2005 Budgeted Amount: Exhibits: 4 AGENDA SUBJECT: Consider and act upon authorizing the City Manager to enter into a contract with Jolly Trolley Sno-Cones of Texas concession services at Community and Founders Park. RECOMMENDED ACTION: Staff has reviewed the submittals for concessionaire RFP submitted by Jolly Trolley Sno-Cones of Texas, Sunshine Concessions, and the Wylie Baseball Association and recommends approval of the contract with Jolly Trolley Sno-Cones of Texas. SUMMARY: The City of Wylie has worked with concession vendors to provide concession services at Community and Founders Park for many years. The contract between the City and Lake Cities Girls Fastpitch Softball Association ended February 1, 2005. Lake Cities Girls Fastpitch Softball Association officials notified staff in early January 2005 that they would not seek to renew their contract. Staff then worked with the Purchasing Department to post notices asking for Request for Proposals for concession services to be submitted by January 21, 2005. Jolly Trolley Sno-Cones of Texas, Sunshine Concessions, and the Wylie Baseball Association were the three vendors that submitted R.F.P.'s to the Purchasing Department. Robert Diaz, Assistant Superintendent, Bill Nelson, Superintendent, and Mike Sferra, Director of Public Services reviewed the R.F.P.'s based on the following criteria: 1. Quality and Variety of products offered, 2. Pricing of the products, 3. Percentage of gross profits to the City, 4. References of the Vendor, and 5. Accuracy of the R.F.P. After the review staff scored Jolly Trolley Sno-Cones of Texas with the highest score. APPROVED BY: Initial Date Department Director: RD \ 2/11/05 City Manager: In ' \ RESOLUTION NO. 2005-XX(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT PROVIDING FIFTEEN PERCENT OF GROSS PROFITS IN REVENUES FOR A TWO YEAR PERIOD BETWEEN THE CITY OF WYLIE, TEXAS AND JOLLY TROLLEY SNO-CONES OF TEXAS TO PROVIDE CONCESSION SERVICES AT COMMUNITY AND FOUNDERS PARK FROM FEBRUARY 23, 2005 TO FEBRUARY 23, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an agreement providing fifteen percent of the gross profits between the City of WYLIE, Texas, and Jolly Trolley Sno-Cones of Texas to provide concession services at Community and Founders Park from February 23, 2005 to February 23, 2007. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 22nd day of February, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 1 EXHIBIT "A" Contract-Jolly Trolley Sno-Cones of Texas Request for Proposals Resolution 2 CONCESSIONAIRE LEASE/CONTRACT This Lease Agreement is effective as of February 23, 2005, by and between the City of Wylie (Landlord) and Dale and Laura Hawkins d/b/a Jolly Trolley Sno-Cones of Texas (Tenant). The Parties agree as follows: 1. PREMISE. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant CONCESSION FACILITIES at COMMUNITY PARK AND FOUNDERS PARK, WYLIE, COLLIN County, Texas. 2. TERM. The Lease term shall commence on February 23, 2005 and shall terminate on February 23, 2007. 3. LEASE PAYMENT. Tenant shall pay to Landlord a monthly lease payment of FIFTEEN PERCENT (15%) of gross sales, after deduction of sales tax, for previous month's sales, beginning on March 15, 2005 and continuing thereafter on the fifteenth (15th) day of each subsequent month during the term of this Lease Agreement. The City's Finance Department shall validate and audit payment amount. Tenant shall provide Landlord with all financial records necessary to accurately perform said audit. Such payments shall be made to CITY OF WYLIE - Finance Department, 2000 Hwy. 78 North, Wylie, Texas, or at such other location or locations as Landlord shall from time to time designate by written notice to Tenant. Tenant's failure to promptly pay sums dues due under this Lease Agreement may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord. Payments due to Landlord under this Lease Agreement are not an extension of credit. Therefore, Landlord may, at Landlord's option and to the extent allowed by applicable law, impose a late charge on any payments which are not received by Landlord on or before the due date in an amount equal to one-half of one percent (0.5%) of the amount of the past due payment per day for each day after the due date, until the past due amount in good funds is received by Landlord, up to a maximum of ten percent (10%) of the past due amount. Any late charge will be in addition to Landlord's other remedies for nonpayment of any lease payment. If any check tendered to Landlord by Tenant under this Lease Agreement is dishonored for any reason, Tenant shall pay to Landlord a fee of twenty-five dollars ($25.00), plus (at Landlord's option) a late charge as provided above until good funds are received Landlord. The parties agree that any late charge or dishonored check fee represent a fair and reasonable estimate of costs Landlord will incur by reason of the late payment or dishonored check. Payments received from Tenant shall be applied first to any late charges, second to lease payments due and last to other unpaid charges or reimbursements due to Landlord. 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. Tenant shall maintain the leased premises and surrender them in substantially the same condition as when Page 1 of 5 Tenant took possession, ordinary wear and tear excepted. 5. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), 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. All beverages shall be purchased in conjunction with the City's contract with the Pepsi Bottling Group (PBG). Tenant shall sell only PBG beverage products at Community and Founders Parks; e) Provide all food processing equipment with the exception of those items listed below. City of Wylie shall be responsible for the following: one permanent concession stand at Community Park with an ice machine, sink, two beverage coolers, and one concession trailer; one concession trailer for use at Founders Park; f) Provide all necessary supplies, such as napkins, cups, utensils, food containers, and cleaning supplies; g) Perform all food preparation and sales functions with adequate, capable, and competent staffing; h) Comply with all health inspection requirements and obtain all necessary permits, training, education, food handlers' licenses, etc. as required by law (The City will waive permit fees); i) Operate and maintain the concession facilities and all City equipment in a clean and sanitary manner to the satisfaction of City staff; 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 portable concession trailers at Community Park and Founders Park to serve the soccer, football and baseball fields when in use. Concession trailers do not have to provide as Page 2 of 5 extensive of a menu as permanent stand due to limited availability of utilities. Concession trailers shall provide at least beverages, hot dogs, popcorn, candy, etc; and m) Tenant agrees that the services and product provided hereunder shall be of a good and acceptable quality and quantity. 7. INDEMNITY. Tenant agrees to indemnify and hold City harmless for any and all liabilities arising from its operations taken hereunder. 8. TERMINATION. City shall have the right to terminate this Lease Agreement in the event Tenant fails to perform any of its duties hereunder after giving written notice of such failure to Tenant, which provides that Tenant's failure to correct performance with fifteen (15) calendar days will result in termination. 9. SALES PRICES. 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(s) increase substantially, Tenant has the right to appear before the Parks and Recreation Superintendent, or his/her designee, to request permission for a price increase. 10. NON-EXCLUSIVE RIGHTS. As per section 78-150 of the Code of Ordinances, the vendor does not have exclusive rights to sell goods at the locations. Other fund raising activities may occur throughout the Lease Agreement term, as set forth in paragraph 2., above.. 11. 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. 12. TAXES. Taxes attributable to the premises or the use of the premises shall be allocated as follows: a) PERSONAUBUSINESS TAXES. Tenant shall be responsible for all taxes attributable to Tenant's use of the premises. 13. SCHEDULE OF OPERATIONS. Minimum schedule for which Tenant shall operate the concession stands shall be provided to Tenant by the City of Wylie. 14. MISCELLANEOUS PROVISIONS. Notice. Any notice required to be sent under this Lease Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in Page 3 of 5 accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to City, to: City of Wylie do Robert Diaz, Assistant Superintendent Parks and Recreation Department 2000 Hwy. 78 North Wylie, Texas 75098 If to Tenant, to: Jolly Trolley Sno-Cones of Texas c/o Dale and Laura Hawkins 204 N. 5th Street Wylie, Texas 75098 Entire Agreement. This Lease 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 provisions hereof or by the mutual written agreement of the parties hereto. Venue. This Lease Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. Consideration. This Lease Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Counterparts. This Lease Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Authority to Execute. The individuals executing this Lease 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 Lease 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 Lease Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Lease 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. Savings/Severability. In case any one or more of the provisions contained in this Lease 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. Page 4 of 5 Representations. Each signatory represents this Lease 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. Miscellaneous Drafting Provisions. This Lease Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Lease Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Lease Agreement are for the convenience of the parties and are not intended to be used in construing this document. Sovereign Immunity. The parties agree that Landlord has not waived its sovereign immunity by entering into and performing its obligations under this Lease Agreement. Assignment. This Lease Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the date first shown above. CITY OF WYLIE/LANDLORD DALE and LAURA HAWKINS d/b/a JOLLY TROLLEY SNO- CONES OF TEXAS/TENANT Mark Roath Dale Hawkins City Manager Laura Hawkins ON THIS DATE: ON THIS DATE: Page 5 of 5 Request for Proposal Concessionaire Services The City of Wylie is soliciting competitive proposals until 5:00 P.M., Friday, January 28, 2005 to provide for a contract for concessionaire services at the City of Wylie's Community Park and Founders Park. The successful applicant will be awarded concession rights for food and beverage vending during all athletic events at these locations. The contract period is from February 7, 2005 to February 7, 2007 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 As per the submitted proposal, the vendor agrees to pay the City, on a monthly basis, a percentage 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 receipts. As per section 78-150 of the Code of Ordinances, the vendor does not have exclusive rights to sell goods at the locations. Other fund raising activities may occur throughout the contract period; however, only one contract for concessionaire services will be awarded, and it shall be for Founders Park and Community Park. The City agrees to: 1. Provide all necessary facilities, utilities, and trash disposal service. 2. Provide one permanent concession stand at Community Park with an ice machine, sink, two beverage coolers, and one concession trailer. Due to the facility limitations that exist at Community Park's main concession stand only prepared foods will be allowed to be sold (i.e. chips, hot dogs, pre-cooked hamburgers). No raw meat or vegetables will be allowed to be prepared in the main concession stands. 3. Provide one concession trailer for use at Founders Park. The vendor agrees to: 1. Provide all food and beverage items to be sold. All beverages shall be purchased in conjunction with the City's contract with the Pepsi Bottling Group (PBG). Vendors shall sell only PBG beverage products at Community and Founders Park. A current product price list (per case) for PBG products is included with this RFP. 2. Provide and pay for the installation of any additional utilities desired as approved by the City of Wylie. Any such improvements shall become the property of the City of Wylie. 3. Provide all food processing equipment with the exception of those items provided by the City. 4. Provide all necessary supplies, such as napkins, cups, utensils, food containers, and cleaning supplies. 5. Perform all food preparation and sales functions with adequate, capable, and competent staffing. 6. Maintain hours of operation in accordance with the schedule provided by the City. 7. Comply with all health inspection requirements and obtain all necessary permits, training, education, food handlers' licenses, etc. as required. (The City will waive permit fees). 8. Operate and maintain the concession facilities and all City equipment in a clean and sanitary manner to the satisfaction of City staff. 9. Be responsible for the collection and payment of all sales taxes. 10. Provide documentation and proof of insurance. Criteria for Evaluation of Proposals Proposals will be evaluated by City staff and awarded a maximum total of 100 points according to the following schedule: 1. The quality and variety of submitted food and beverage items to be sold at the locations (30 points). 2. The submitted retail price (including sales tax) of food and beverage items to be sold (25 points). 3. The percentage share of gross receipts, after sales tax deduction, to be paid to the City of Wylie on a monthly basis (20 points). 4. The vendor's verifiable past experience in the concession business and verifiable references (15 points). 5. Accuracy, thoroughness, and completeness of vendor's RFP submittal (10 points). Deadline for Submittal of Proposals The deadline for receipt of sealed proposals is 5:00 P.M., Friday, January 28, 2005. Sealed proposals may be mailed to or delivered to the following address: City of Wylie 2000 Highway 78 North Wylie, TX 75098 ATTN: Jim Holcomb, Purchasing Agent A postmark date does not guarantee acceptance of the submittal. Proposals must actually be delivered to the above address by the deadline in order to be considered. Any proposal received after the deadline will be rejected. Please contact Robert Diaz, Assistant Superintendent of Parks and Recreation, at 972-442- 8197 if you have any questions about the RFP. JOLLY TROLLEY SNO-CONES OF TEXAS PROPOSAL AND RFP SCORESHEET Proposal Introduction Responding to the recent opportunity for open bidding on the current Request for Proposal contract presented by the City of Wylie Parks & Recreation Department, Jolly Trolley Refreshments would like to respond as an active applicant for the 2005-2007 Concessionaire Services Contract for the sports facilities at Community and Founders Parks. If awarded the concessions services contract, we pledge that our quality of products and services along with the adequate and competent staffing that we have proven in the past two years as co-contract holder will continue. We vow to continue to establish ourselves as a professional, trustworthy, and reliable concessions provider to this community's sports organizations and all other community events in the years to come. Related Experience Jolly Trolley Refreshments has been and continues to be in the forefront Catering and Concessions business for the past three years. We have been associated with the City of Wylie Parks & Recreation Department, as well as Lake Cities Girls Fast Pitch Softball Association, Wylie Chamber of Commerce, Sachse Camber of Commerce, and numerous schools, daycares, and churches in the Wylie and surrounding communities. We are also recognized by many of the local Sports Associations including the Wylie, Sachse, and Rowlett Associations (Soccer, Baseball, Softball, and Football) as being a professionally run company. References: LCGFSA Roy Fuentes (214) 356-2019 Zeb Payne (469) 360-5107 Wylie Chamber Deborha Zihlman (972) 442-2804 Sachse Chamber Tina Stelnicki (972) 469-1212 General Provisions Option 1: Jolly Trolley Refreshments is proposing to pay the City of Wylie on a monthly basis in the amount totaling 15% of gross receipts, after sales tax deductions. See example: (attached monthly sales report) Option 2: 15% lease payment distributed in the following ways: We are recommending that the City receive 5% of gross receipts, after sales tax deductions of total sales as lease payment agreement for the contract terms. Another 5% of gross receipts, after sales tax deductions would go to the Wylie sport organizations to help with their fundraising efforts. Finally, we would like to pledge the remaining 5% to Wylie's Christian Care program. We also plan to have several canned food drives during the contract term taking place in the parks during sporting events in an effort to remind people of the year round needs in our community. We want to help support a great place for all our children to grow up and enjoy their hopes and dreams. We at Jolly Trolley Refreshments would enjoy being part of all their memories. Food and Beverage Items The variety of our menus have been adjusted to accommodate the currently limited conditions at both the Community Parks main concession stand and satellite trailers that are to be utilized for the remote soccer locations at Founders and Community Parks. See example: (attached Menu items) Employee Staffing With our responsible, competent staffing we are able to cover all scheduled sporting events. At Community's main concession stand, we will have one supervisor and one or two employees. The Founders and Community soccer trailers will be staffed with one employee per trailer, with a supervisor to support them. Insurance / Health permits All food preparation has and will comply with all sate and county health inspection requirements. We are currently health permitted in the City of Wylie. All current and future employees will have all required credentials. Jolly Trolley Refreshments carries a $1,000,000 product liability insurance policy for all of our operations. See certificate: (attached insurance policy) Hartford Lloyd's Ins. Co. 450 Gears Rd., Suite 500 Houston, Texas 77067 Jolly Trolley Sno-cones of Texas Feburary Monthly Sales Report W/E: 2/1/2005 1i Monday Tuesday Wednsday Thursday Friday Saturday Sunday Total Weekly Sales Taxes 15% Lease 10/1/2005 10/2/2005 10/3/2005 10/4/2005 10/5/2005 10/6/2005 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 W/E: 2/8/2005 Monday Tuesday Wednsday Thursday Friday Saturday Sunday Total Weekly Sales Taxes 15% Lease 10/7/2005 10/8/2005 10/9/2005 10/10/2005 10/11/2005 10/12/2005 10/13/2005 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 W/E: 2/15/2005 1 Monday Tuesday Wednsday Thursday Friday Saturday Sunday eekly Sales Taxes 15% Lease 10/14/2005 10/15/2005 10/16/2005 10/17/2005 10/18/2005 10/19/2005 1 1 ' - $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 0.00 $0.00 $0.00 W/E: 2/22/2005 Monday Tuesday Wednsday Thursday rid Sa, • n. .y Total Weekly Sales Taxes 15% Lease 10/21/2005 10/22/2005 10/23/2005 / /25/ 2, •0*- 10/27/2005 $0.00 $0.00 $0.00 $0.00 0.0 .10 $0.00 $0.00 $0.00 $0.00 W/E: 3/1/2005 Monday Tuesday Wednsday ay Friday Saturday Sunday Total Weekly Sales Taxes 15% Lease 10/28/2005 10/29/2005 10/30/2005 10/31/2005 11/1/2005 11/2/2005 11/3/2005 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ° R,MotthIy totals ' Taxes : 15%Lease $0.00 $0.00 $0.00 City of Wylie The Big Blue Café HOT FOODS Hot bog $ 1.50 Chili bog $ 1.75 Chili Cheese Dog $ 2.00 Corn bog $ 1.50 Hot Link $ 2.00 Nachos w/Cheese $ 2.25 Nachos w/Chili & Cheese $ 2.50 Frito Chili Pie $ 2.25 Extras: (Cheese, Chili or Jalapenos) $0.25 The Big Blue Café DRINKS 20 oz. Sodas $ 1.50 (Pepsi, biet Pepsi, Mountain bew) Gatorade $ 1.75 (Lemon, Fruit Punch, Orange, Glacier Freeze) Lipton Tea $ 1.50 20 oz. Bottled Water $ 1.50 Freshly Brewed Coffee $ 1.50 Hot Chocolate $ 1.50 Hot Apple Cider $ 1.50 The Big Blue Café SNACKS Chips $0.75 (Lays, BBQ Lays, Cheetos, Nacho Cheese boritos, Fritos, Chili Cheese Fritos) Pickle $ 1.00 Sunflower Seeds $ 1.00 Candy Bars $ 1.00 Double Bubble Gum 5 pieces for $0.25 Beef Jerky $ 1.00 Popcorn $ 1.00 Push Pops $0.75 Blow Pops $0.25 Peanuts $0.50 The Big Blue Café COOL TREATS Sno-Cones Sm. $ 1.50 Med. $ 2 .00 Lg. $ 2.50 Frozen Drinks Regular $ 3.00 Grande $3.50 Ice Cream Cups $ 1.00 (Vanilla, Chocolate) Ice Cream Bars $ 1.25 (Snickers, Drumsticks, Twix) Thank you for your business! If you have any questions or concerns about the concession stand, please call: bale Hawkins @ (214) 395-2318 Jolly Trolley Refreshments. The Snack Trailer HOT FOODS Hot bog $ 1.50 Chili bog $ 1.75 Chili Cheese bog $ 2.00 Nachos w/Cheese $ 2.25 Nachos w/Chili & Cheese $ 2.50 Frito Chili Pie $ 2.25 Extras: (Cheese, Chili or Jalapenos) $0.25 The Snack Trailer DRINKS 20 oz. Soda $ 1.50 (Pepsi, Diet Pepsi, Mountain Dew) Gatorade $ 1.75 (Lemon, Fruit Punch, Orange, Glacier Freeze) Bottled Water $ 1.50 Lipton Tea $ 1.50 Thank you for your business! If you have any questions or concerns about the concession stand, please call: Dale Hawkins @ (214) 395-2318 Jolly Trolley Refreshments. The Snack Trailer SNACKS Chips $0.75 (Lays, BBQ Lays, Cheetos, Nacho Cheese boritos, Fritos, Chili Cheese Fritos) Pickle $ 1.00 Sunflower Seeds $ 1.00 Candy Bars $ 1.00 Double Bubble Gum 5 pieces for $0.25 Beef Jerky $ 1.00 Push Pops $0.75 Blow Pops $0.25 Peanuts $0.50 ACORD. CERTIFICATE OF LIABILITY INSURANCE ccS °" UODC 07-19-2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HEARTLAND MARKETING GROUP, INC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 504623 P: (8 6 6) 4 6 7-8 7 3 0 F: (8 7 7) 9 0 5-04 5 7 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURED INSURER A:Hartford Lloyd' s Ins Co INSURER B: JOLLY TROLLEY SNO CONES OF TX INSURER C: 204 N FIFTH STREET INSURERD: WYL I E TX 75098 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTN TYPE OF INSURANCE I POLICY NUMBER I ['PATTY(MM/DD/YY) I PDATEYIMM/DD N I LIMITS GENERAL LIABILITY EACH OCCURRENCE I S 1, 0 0 0 , 0 0 0 A COMMERCIAL GENERAL LIABILITY 4 6 SBA BA8 2 6 0 0 5/0 9/04 0 5/0 9/0 5 FIRE DAMAGE(Any one fire) $3 0 0, 0 0 0 CLAIMS MADE I X I OCCUR MED EXP(Any one person) $10, 0 0 0 X Business Liab PERSONAL&ADVINJURY $1, 000 , 000 GENERAL AGGREGATE $2, 0 0 0, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 , 000 , 000 POLICY I JECT I X I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS LIABILITY I EACH OCCURRENCE S OCCUR I CLAIMS MADE I AGGREGATE $ $ DEDUCTIBLE _ S RETENTION S I S WORKERS COMPENSATION AND ( I TORY IMITS 1 I OER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE S E.L.DISEASE-POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured' s Operations . Tulsa State Fair is named an Additional Insured per the Business Liability Coverage Form, SS0008, that is attached to the policy. CERTIFICATE HOLDER [X ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE(10 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE Tulsa State Fair HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO PO Box 4735 OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Tulsa, OK 74159-9903 AUTHORIZED REPRESENTMLV ACORD 25-S 17/97) ACORD CORPORATION 1988 Concession RFP Scoresheet Name of evaluator: Date: Z�✓� �--, i I Name of Vendor: .)DIL ) 1`4`ie Criteria for Evaluation of Proposals Proposals will be evaluated by City staff and awarded a maximum total of 100 points according to the following schedule: 1. The quality and variety of submitted food and beverage items to be sold at the locations (30 points). 2. The submitted retail price(including sales tax)of food and beverage items to be sold (25 points). 3. The percentage share of gross receipts,after sales tax deduction,to be paid to the City of Wylie on a monthly basis (20 points). 4. The vendor's verifiable past experience in the concession business and verifiable references(15 points). 5. Accuracy,thoroughness,and completeness of vendor's RFP submittal(10 points). 1. Comments: QualityNariety(30 points) 1)e4-5 PlYz‘) 1/40-A /9-‘( / �QS. k r 141/4 tl4s 4"etGItl117e Tv '17/81, ILK4+ �r C' 5 . Total Points: a 2. Comments: Pricing (25 points) �r S okw ArINCy_ ra e . $ice a itelLA L-1111.s Ye44..cloit s d wi it3ki6s teihfe 7 ; Ji 3 1z7 Geta €51- L Total Points: 7-S 3. Comments: %of profits (20 points) WAVO:(1-- /St WI frkifitSus � . > �/ili lam 9-f) Zearks pt.e4,1 f‘ev4stue 1)1 744Able-", Ikk 67A444Aftied Y444444^1 cox g 72 Total Points: / P. 2 Vendor Name: 3 bi +'4 ge-1-7 4. Comments: References(15 points) r n ti,steit 06f72 47,folo, Total Points: /5.- 5. Comments: Accuracy of RFP(10 points) ali;w- c. 7r-e-vlise-_› ad "wick Total Points: / C7 Miscellaneous Comments: d Total RFP Points: % SUNSHINE CONCESSIONS PROPOSAL AND RFP SCORESHEET . . .......... .... ............ BID PROPOSAL TO THE CITY OF WYLIE 2000 Highway 78 North Wylie, TX 75098 ATTN: Jim Holcomb, Purchasing Agent REQUEST FOR PROPOSAL CONTRACT FOR CONCESSION SERVICES Submitted by: SUNSHINE CONCESSIONS 1530 Oak Tree Allen, Texas 75002 (972) 693-3196 (972) 693-3189 Micheal L. Daniels, Jr. Owner January 22, 2005 ATTN: Mr. Jim Holcomb Purchasing Agent Re: Request for Proposal for Concession Services Thank your for giving us the opportunity to participate in the bid for the above subject. We have reviewed the Request for Proposal you have provided, and we feel confident that we are very qualified in meeting the requirements and your expectations to provide a high level of service. With deference to your anticipated compensation, we would like to propose an alternate method of compensation for the right to operate concession at above mentioned parks in the form of a flat fee in the amount of$3,500.00 per year. In addition, we will commit to an additional 15% fee for any amount over $30,000 gross sales amount. This amount will be paid to the City of Wylie in two installments, the first installment of$1750.00 on July 31'and second installment of$1,750.00 plus 15% of gross sales amount over $30,000 on December 31 St As an alternative proposal, The Sunshine Concession Company is prepared to offer the traditional method of payment to The City of Wylie amounting to 15% of sales receipts after sales tax deductions. We trust that you will find our proposal in order. Please feel free to call us at your convenience should you have any questions. May we reiterate our thanks and appreciation for your consideration in this matter. SincerLLO . Micheal Daniels, Jr. INSURANCE REQUIREMENT AFFIDAVIT (SUPPLEMENTAL INFORMATION) I, the undersigned, certify that the insurance requirements contained in this bid / proposal document have been reviewed. If the below identified vendor is awarded this contract by the City of Wylie, I will be able, within ten (10) working days after being notified of such potential award, to furnish a valid insurance certificate to the City meeting all of the requirements contained in this proposal. Robin Phillips Agent's Name Insurance One Agency, L.C. Name of Insurance Carrier 16300 Addison Rd. Address of Agency Addison, TX. 75001 City, State, Zip (972) 267-8000 Phone number where Agent may be contacted �L ;eA Vendor's Signature LIST OF EMPLOYEES The following are major personnel that will oversee the daily operations of concession services for Founders Park and the City of Wylie's Community Park. Micheal Daniels,Jr. Owner. He is involved in every facet of operation including inventory, administrative, hands-on employee training, and customer service. Mr. Daniels has had extensive training in the food service industry, and has been certified in food safety and the operations of food service establishments. Rin Lim General Manager. Mr. Lim has over 15 years experience in concessionaire services. He is the President of R.S. Lim & Son, Inc. He is responsible for successful concession and snack bar operation in the City of Plano and the Town of Flower Mound. Through establishing R.S. Lim & Son, Inc., he has demonstrated an outstanding performance operating multiple locations (total 10 sites), both in permanent building sites as well as, mobile sites. Tes Lim Mrs. Lim has worked for R.S. Lim & Son, Inc since 1993. She is familiar with every aspect of this business. Mrs. Lim has also been certified in food safety. Jennifer Daniels During the past ten years Mrs. Daniels has maintained a disciplined work ethic and has started and maintained her own business. She is familiar with the concessionaire services and will be involved in employee training and customer service. Professional History in Concession Services Rin Lim & Micheal Daniels SPECIAL EVENTS 1993, 1994 Memorial Day Girls' Softball Tournament,Plano 1996, 1997 1994—1997, 1999 Labor Day Soccer Tournament,Plano Youth Soccer Association (PYSA) 1994& 1996 Amateur Softball Association National Women's Tournament 1994— 1999 Spring Kick Soccer Tournament,PYSA 1995 Amerifest,multicultural event,downtown Dallas 1995— 1996 ASA Girls'Fast-pitch Softball Tournament,Denton 1998 & 1999 Cavanaugh Flight Museum,Addison Airport air show 1998-2002 Texas Stadium,YMCA Youth Football Tournament 2000—2003 July 4th Fireworks Celebration,High Point Park, Plano Proposed Means of Service Food preparation will be on site and will be in compliance with the city's health and sanitation regulations. We serve only carefully selected products and are consistently rotated. Staffing Each location will be sufficiently manned by trained, experienced and courteous workers. Our workers are composed of family members, family friends and church friends who are known to be dedicated and will conduct themselves appropriately at all times. Community Service During the past four years, we have closely worked with Parks & Recreation department to provide assistance to the special events for the Town of Flower Mound. We will continue to provide all of the necessary assistance, such as drinks, coolers, and other required items, for the special events that the Parks department will be involved for the community service LIST OF EQUIPMENTS We strive to protect and maintain a professional appearance, so as to be identified as Wylie's image of prestige and integrity. Permanent building and mobile sites are fully equipped with the following. • HOT DOG COOKER/WARMER-professional in function and appearance • POPCORN MACHINE - full sized, capable of popping a batch of popcorn every 5 minutes. • SODA MACHINE- capable of serving 6 different popular flavors. • NACHO CHEESE and CHILI COOKER/WARMER - fast heating, double well capacity,professional in function and appearance. • COFFEE MACHINE- fast heating, capable of continuous brewing. • HOT WATER BOILER- 100 cup capacity • FREEZER- for ice cream and other frozen products • SNO - CONE MACHINE - capable of continuous ice crushing. Proposed Menu Selection and Means of Service for City of Wylie Park Concessions FOODS & CONFECTIONS PRICE Hotdog $1.50 Chili Cheesedog $1.75 Grill Chicken Sandwich $2.50 Nachos $2.50 Chili Cheese Nachos $2.75 Pizza (personal size) $3.00 Popcorn (butter flavored) $1.00 (Reg.) $1.50 (Large) Candies (wide variety) .25, .75, 1.00 Chips .75 (In addition to traditional items, we will add healthier snack item, such as baked chips, natural candies, and protein bars) HOT & COLD BEVERAGES 12 oz Pepsi, Diet Pepsi, Sierra Mist, Dr. Pepper, Mountain Dew 12 oz. can $1.00 16 oz. Fountain $1.25 24 oz. Fountain $1.75 Fresh Lemonade 16 oz. $1.50 Aqua Fina Bottled Water 20 oz. $1.50 Gatorade 20 oz. (3 flavors) $1.75 Coffee 12 oz. $1.00 Hot Chocolate 12 oz. $1.50 Snow Cones $1.50 Cherry, Grape, Banana Blue Coconut, Rainbow NOTE: ALL PRICES ABOVE INCLUDE SALES TAX. ABOVE PRICES SUBJECT TO CHANGE WITH PRIOR APPROVAL FROM THE CITY OF WYLIE. Concession RFP Scoresheet r-- Name of evaluator: (.7Z Date: -3!o Name of Vendor: 4t49t't44 (ate591$ Criteria for Evaluation of Proposals Proposals will be evaluated by City staff and awarded a maximum total of 100 points according to the following schedule: 1. The quality and variety of submitted food and beverage items to be sold at the locations (30 points). 2. The submitted retail price(including sales tax)of food and beverage items to be sold (25 points). 3. The percentage share of gross receipts, after sales tax deduction,to be paid to the City of Wylie on a monthly basis (20 points). 4. The vendor's verifiable past experience in the concession business and verifiable references(15 points). 5. Accuracy,thoroughness,and completeness of vendor's RFP submittal(10 points). 1. Comments: QualityNariety(30 points) vO; VVw d 4a "a/14k 10`e. 0.4—.1 40/7.44Asgc-, .'72-.7,-Pel(-- ?Le- 9� ?tVc14 -d4 ikOp 4/4417141. aidu• Total Points: 2. Comments: Pricing (25 points) / /44Tr4101(e. Lw�`� 1 , (AMS1�l�u.1 14-4414 t Total Points: ZS 3. Comments: %of�profits(20 points) (;,/le#P )� 4110 tilritielheL ”14-44 &,1416e04 ° Pa, vie 1-e0.64A4o._ . G4/keeP 040kg 7- - 41(444J5 Total Points: Fir----47 P. 2 Vendor Name: (7041A:4:"" 4. Comments: References(15 points) Total Points: •• 5. Comments: Accuracy of RFP (10 points) tie3 .cv-Adiet9 Total Points: )D Miscellaneous Comments: r! DAR-rj a ?ile-/OPS•J • et-t-ItCe.5 ��l! hit49 11 aulek •?-ti-al) 90 m4ty ovr44-1 (.4-6444-. Total RFP Points: 46.D WYLIE BASEBALL ASSOCIATION PROPOSAL AND RFP SCORESHEET Proposal to Operate Concession For Founders and Community Park Wylie, Texas To: City of Wylie 200 Highway 78 North Wylie, Texas 75098 Attention: Jim Holcomb From: Wylie Baseball Association P.O. Box 755 Wylie, Texas 75098 President: Shannon Nolan Vice President: Landon Gregg Secretary: Todd Petty Treasurer: Matt Willis Wylie Baseball Association is a non-profit organization that operates Little League Baseball in Wylie, Texas. We would like to operate the Concessions as an on-going Fundraiser. We feel this would allow us to improve our league and our facilities. The following is our proposal. Food and Beverages To Be Served Drinks 1. Soft Drinks 20 oz. $1.50 2. Water 20 oz. $1.50 3. Sports Drinks 20 oz. $1.50 4. Coffee and Hot Chocolate (seasonal) $1.00 Snacks 1. Candy—Assorted .25 - $1.00 2. Popcorn $1.00 3. Chips $1.00 4. Nachos $2.00 5. Snow Cones Small $1.00 Medium $1.50 Large $2.00 Sandwiches — Pre-Cooked Meats 1. Hot Dogs .. $1.25 2. Sausage $2.50 3. Sliced Beef $3.50 The Wylie Baseball Association will pay the City of Wylie 15% of gross sales after sales tax deduction. The Wylie Baseball Association will operate the Concession Stand. Matt Willis will be the contact person and will be in charge of the concessions. Kevin Tinsley will assist him. Experience Matt Willis: 5 years with Albertsons working in and supervising a hot deli. Kevin Tinsley: Current President of the Wylie Band Booster. 8 years operating and supervising concessions at Wylie High School Athletics and extra curricular events. A person trained in commercial food handling will supervise any staff working at the concession stand. We will maintain a 3 person staff consisting of volunteers and paid employees as needed. Thank you for your consideration. Matt Willis Treasurer Wylie Baseball Association Cell Phone 214-729-7056 Concession RFP Scoresheet Name of evaluator: �-�C44, Date: Z-1`405 Name of Vendor: ,���, �'� 4i7X-14114i Criteria for Evaluation of Proposals Proposals will be evaluated by City staff and awarded a maximum total of 100 points according to the following schedule: 1. The quality and variety of submitted food and beverage items to be sold at the locations (30 points). 2. The submitted retail price(including sales tax)of food and beverage items to be sold (25 points). 3. The percentage share of gross receipts, after sales tax deduction,to be paid to the City of Wylie on a monthly basis (20 points). 4. The vendor's verifiable past experience in the concession business and verifiable references(15 points). 5. Accuracy,thoroughness,and completeness of vendor's RFP submittal(10 points). 1. Comments: QualityNariety(30 points) b,14;ded 144t44C . (fr 'e--,1)(,4) 4-4- - wt vi . �; - • Total Points: ZZ 2. Comments: Pricing (25 points) r L 1 ergi5 42642 lozotii-- cw 17/24. G c.€ 144(4-14-3 Total Points: ZS 3. Comments: %of profits (20 points) 7--elet:t4N • ►.� Js'�a Total Points: .c. P. 2 Vendor Name: t(/47,4 4. Comments: References (15 points) L v/ U fps tg-c9 5 agi b6e9 Aft acictihe-75 Goa/ R 4, s . Total Points: 5 5. Comments: Accuracy of RFP (10 points) ll PS U i / Vvp 11-06; 8tF Lot(7( 7-tuti4‹ t A,Oz,0 Gl9G G�c hC *AL OW— L�9G1�1 i)-'�/7,cv S Lf Lcd- J • Total Points: 'D Miscellaneous Comments: r1 e// d rr// trt fi«eta,$ dyt- 4'S GAM.0047/0'b.. Ldr-i4e• ) kflZJ Gl9l� CA\12-5 ')I-Di-v(0 WO;d 1.5114-(Ae- 012dalEt.. LgAt7140s/4014-4- Total RFP Points: S CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 22, 2005 Special Called Meeting Department: City Manager Prepared By: Mindy Manson Date Prepared: February 11, 2005 Exhibits: Request, Map, Ordinance AGENDA SUBJECT: Hold a Public Hearing and consider and act upon an Ordinance abandoning a portion of Third Street between Highway 78 and Oak Street. RECOMMENDED ACTION: See below. SUMMARY: Staff has received a request from Darla Burrows, owner of property located at the intersection of Highway 78 and Oak Street, for the closure of that portion of Third Street between Highway 78 and Oak. As part of the widening of Highway 78 certain streets, including Third Street, were not reconnected to the new pavement on Highway 78 in order to eliminate intersections. Because the road will no longer carry through traffic, the owner has requested that it be abandoned so that a portion of the land may be used in conjunction with their existing property. Background: When it became apparent in the late 1990's that TxDOT was not going to reconnect various intersecting streets with Highway 78, the Council appointed a Local Design Task Force to evaluate alternatives. The Locally Preferred Alternative was approved by Council (please see attached) and submitted to TxDOT. Subsequent Council discussions included options to reroute Oak Street so that it would intersect with Highway 78 at a right angle; each of which have an impact to some degree on the right-of-way of Third Street. Closure of Third Street would have a direct impact on which, if any, alternative is available to the City for the realignment of Oak Street. Other Considerations: An additional consideration for the abandonment involves the amount of sale. In previous requests for abandonment of improved right-of-way,the City has obtained an appraisal for the value of the land and offered it to adjacent property owners, in compliance with Ordinance 96-25. Staff has determined that there are no water or sewer lines within the right-of-way. The Ordinance further states that existing utilities located within the right-of-way are converted to easements through platting or other legal instruments by those new owners acquiring said rights-of-way. APPROVED BY: Initial Date Department Director: MM \ 2-11-05 City Manager: /j2i/f \ &-/9-4C AGENDA SUBJECT: Hold a Public Hearing and consider and act upon an Ordinance abandoning a portion of Third Street between Highway 78 and Oak Street. SUMMARY: (continued) As previously stated, the widening of Highway 78 has created several instances where streets will no longer connect, creating opportunities to close streets, reroute streets, or improve development options. While each of these circumstances may have a unique set of conditions, it may benefit the overall appearance, function and development along Highway 78 to evaluate the area in its entirety at this time. Recommendation: 1. Staff recommends that this item be tabled in order to review the request in the context of all of the Highway 78 parcels that are similarly affected; or 2. If the Council wishes to approve this request, staff recommends that it be conditional upon obtaining an appraisal to determine the value of the land so that it may be offered at fair market value to the adjacent property owners. ,7n9YvT 747i7r •Irciug , ,e --)/9?-97' ov14/12 Ae ,4ciS;y1 -fr.; 71-;77tc- ?-774 Tv-97 77'( Pr' kir r/v r? '74/?xr 1) ) rAr -r-fr -'47r) (ir 500e C3 re717-0i-ff 4/7_Irdw ?7/Th -)/u yr or - v v" 7iV2 1 , / ,/m SL 1(0-/ Q6)(2e 2h)? lie2 W / ...iir_sw, j,„wmpyrff 7 7 /n \ / �� Northwest Side ,/ <4w 1*,7, - /' \ AA NJWD * , • BB Wylie Muffler / • \ CC John Deere S LE: 1"=300' Aii DD Simmons Lumber EE 1st Baptist Church \_ —\ /miSil\ > N 7 `(''(--,-- (::: ,.. _ \ ------.N Z . <1:5",__ )1)' @ kl,DY'c' / )‘ CD r ��' 7 7� zz 'i.4 M W4f;P4', - ,, . w f! > s. a n5-. V:' # g.re'V2 @0 , O i • Iv 4441‘11) 44404. . OP 41*, %aw'.4 %<77 IV ' 411P - \---/ 4(-:*k'1 4‘ "S '# ' . ,, 4 • 4 N. ♦ O \. 4#111 .4AAJAil,./A&N' N 4164Via A11161 . \ AAAk Southeast Side G Century 21 0 Little Ceasars H Self Storage P Outlaw BBQ A SnoCone Shack I Trailer Park Q Dollar General W Steak Country B Chapmans Restaurant J Vacant R Action Heating & Air X Western Auto C Regal Lube & Oil K GTE S Carwash Y Gingerbread House D Alaska Air L Residence T Wylie Tile & Carpet Z State Farm E Yellow Building M Fina U Wylie Pawn F Wylie Super Market N Poole Feed V 1st Wylie Center CITY OF WYLIE,TEXAS ORDINANCE NO.2005- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING A PORTION OF THIRD STREET; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN THE INTEREST IN WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID PORTION OF STREET SHALL BE OFFERED FOR SALE TO ADJACENT PROPERTY OWNERS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the property described herein includes the platted right-of-way of Third Street being seventy (70) feet in width located between State Highway 78 and Oak Street, Block 16 of the Railroad Addition; WHEREAS, owner of the property adjacent to said street right-of-way has requested that the right- of-way be abandoned and be sold to adjacent property owners for use in conjunction with the redevelopment of these adjacent properties; and WHEREAS, the City of Wylie has determined that said portion of street is no longer needed for public access purposes, provided that existing utilities located within said right-of-way are converted to easements through platting or other legal instruments by those new owners acquiring said rights- of-way; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,THAT: SECTION 1: That the above described street right-of-way is no longer necessary for public access purposes, provided that existing utilities shall be located within easements, and that said portion of street should be abandoned in favor of adjacent property owners. SECTION 2: That this abandonment shall extend only to the public right, title and interest which the City of Wylie, Texas may have in and to said street, and shall be construed to extend only to such interest that the governing body of the City of Wylie may legally and lawfully abandon. SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas this 22nd day of February, 2005 John Mondy,Mayor City of Wylie, Texas ATTEST: Carole Ehrlich, City Secretary City of Wylie, Texas CITY OF WYLIE Item No. 6. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 22. 2005 Originating Department: Planning Prepared By: Claude Thompson Account Code No. #: NA Date Prepared: February 16. 2005 Budgeted Amount: NA Exhibits: 3 AGENDA SUBJECT: Consider recommendations of the Planning and Zoning Commission concerning certain proposed revisions to the Comprehensive Plan, and direct staff and Commission to call a public hearing to receive citizen comments and consider adoption of the revisions. RECOMMENDED ACTION: Council should direct staff and Commission to initiate the publication and notification required by State law in order to hold public hearings and consider adoption of the proposed revisions on the following dates: April 5, 2005 —Planning & Zoning Commission April 26, 2005 —City Council SUMMARY: The Council held a work session on February 8, 2005 to consider certain revisions to the Comprehensive Plan as recommended by the Planning and Zoning Commission. Council generally endorsed the recommended revisions, but requested additional information concerning the economic impact of the Plan's proposed land use patterns. An Analysis of Comparable Annual Tax Revenue is attached in response to that request. Planning and Zoning Commission voted on February 2 and February 15 to recommend certain revisions to the Comprehensive Plan. The attached economic analysis indicates that lower-density residential of larger lots, even when occupied by larger and more expensive houses provide less annual property tax revenue to the City than do smaller lots of higher-density residencial with less expensive houses. The Analysis also indicates that a similar acreage of commercial uses provides at least four times the annual revenue (in property and sales taxes) than does residential uses. The following is an outline of the proposed changes, as provided to Council at the 2/8/05 work session: APPROVED BY: Initial Date Department Director: CT \ 2/16/05 City Manager: 47.14 \ 2i'/Mr 1 CITY OF WYLIE Item No. 6. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 22. 2005 Originating Department: Planning Prepared By: Claude Thompson Account Code No. #: NA Date Prepared: February 16. 2005 Budgeted Amount: NA Exhibits: 3 AGENDA SUBJECT: Consider recommendations of the Planning and Zoning Commission concerning certain proposed revisions to the Comprehensive Plan, and direct staff and Commission to call a public hearing to receive citizen comments and consider adoption of the revisions. RECOMMENDED ACTION: Council should direct staff and Commission to initiate the publication and notification required by State law in order to hold public hearings and consider adoption of the proposed revisions on the following dates: April 5, 2005 —Planning & Zoning Commission April 26, 2005 — City Council SUMMARY: The Council held a work session on February 8, 2005 to consider certain revisions to the Comprehensive Plan as recommended by the Planning and Zoning Commission. Council generally endorsed the recommended revisions, but requested additional information concerning the economic impact of the Plan's proposed land use patterns. An Analysis of Comparable Annual Tax Revenue is attached in response to that request. Planning and Zoning Commission voted on February 2 and February 15 to recommend certain revisions to the Comprehensive Plan. The attached economic analysis indicates that lower-density residential of larger lots, even when occupied by larger and more expensive houses provide less annual property tax revenue to the City than do smaller lots of higher-density residencial with less expensive houses. The Analysis also indicates that a similar acreage of commercial uses provides at least four times the annual revenue (in property and sales taxes) than does residential uses. The following is an outline of the proposed changes, as provided to Council at the 2/8/05 work session: APPROVED BY: Initial Date Department Director: CT \ 2/16/05 City Manager: ,-.14 \ 1/7 ' 1 AGENDA SUBJECT: Consider recommendations of the Planning and Zoning Commission concerning certain proposed revisions to the Comprehensive Plan, and direct staff and Commission to call a public hearing to receive citizen comments and consider adoption of the revisions. SUMMARY: (Continued) 1. A more vehicular-oriented land use allocation criteria will be substituted for the current pedestrian- oriented "Village Center" philosophy of the Plan, more closely refllecting the realities of Wylie's natural land character and existing rural development pattern, and will result is less commercial uses and lower- density residential developments. 2. Retail and commercial uses will be limited and oriented to major traffic corridors for vehicular access and to avoid impacting residential areas, including a hierarchy of development patterns. • Neighborhood services such as convenience goods and personal services will be limited to less than 10 acres at major intersections. • Community retail offer comparison/shoppers goods in centers of about 30 acres and will be limited to three areas —the new Town Center at SH 78 and FM 544, FM 544 at CR 1378/Hooper and SH 78 and Park Blvd/Spring Creek. • Diverse and intensive mixture of commercial uses will be allocated along the major traffic corridors of SH 78 and FM 544, but designed in unified clusters. 3. Residential development patterns will provide three density levels in attempt to provide a balanced variety of housing options. • High-density residential, including small-lot detached and collective attached dwellings, will be allocated to infill areas already developed or zoned for such densities and house types. • New residential developments will be limited to three density levels, and located by their distance from traffic corridors - 10,000 sf lots with 2,400 sf houses - 20,000 sf lots with 2,600 sf houses - acreage lots with 3,000 sf houses. 4. Industrial uses will be divided into two types. • Light industrial will accommodate assembly and warehousing/distribution envisioned by the Business Center zoning, largely within existing centers platted for smaller developments • Heavy industrial will accommodate manufacturing within campus settings envisioned by the Industrial zoning. 5. Institutional and public/semi-public uses may be located within any use areas, as appropriate to best service the other land uses which they support but designed to be compatible with surrounding uses. Once the revised Comprehensive Plan is adopted, the Zoning Ordinance and Subdivision Regulations will be revised accordingly. Some lands are already zoned and/or platted for uses other than those recommended by the current Comp Plan as well as these revisions. If platted, these have a legal right to develop to the code which was in effect at the time of platting and may be developed as previously anticipated regardless of the recommendations of the Plan. However, lands which are not yet platted have no vested rights and must be developed in full compliance with these revisions and the development requirements of the current Zoning Ordinance. 2 COMPREHENSIVE PLAN LAND USE DISTRIBUTION PHILOSOPHY The Comprehensive Plan provides general guidelines for the appropriate location and concentration of development for the major types of land uses, and, thereby, provides a basis for planning public services and infrastructure, within Wylie and its Extraterritorial Jurisdiction. The Plan offers generalized criteria for the testing of zoning regulations and requests for changes in current use, as well as for evaluating newly arising issues and uses. Both the quality and quantity of public as well as private development can be directed by the philosophy of the Plan, in order to determine how best to utilize Wylie's only nonexpendable resource—our land. The following philosophy provides criteria for allocating commercial, residential, industrial and public land uses within the Comprehensive Plan. Application of these criteria will assure the suitability of future land development patterns to achieve the common goals of both the public and private sectors. COMMERCIAL Commercial land uses provide retail goods and personal services as well as employment opportunities to support the local residential population, and public sales tax revenues to supplement property taxes. However, commercial uses are also major traffic generators, and these uses should be located along thoroughfares, preferably at major street intersections,to avoid negatively impacting residential neighborhoods. Wylie's potential to support commercial land uses is constrained by its limited ultimate population and the competition of near-by regional-scale commercial centers. To serve the future population, three types of commercial categories are proposed, defined by their primary service function and named by the appropriate zoning classification of the current Zoning Ordinance. Neighborhood Services These are retail/office centers smaller than 10 acres intended to serve immediately adjacent residential neighborhoods with convenience goods and services, and accommodate the uses of the Neighborhood Services(NS) and Office(0) zoning. These uses should be clustered in unified centers and designed to reflect the character of the adjacent neighborhoods which they serve. The centers should be located at one or two corners of 4-way intersections of major thoroughfares (4 to 6 lanes), approximately two miles apart. Community Retail Community commercial centers serve the populations of several residential neighborhoods with comparison shoppers' goods as well as convenience goods and personal services. These should accommodate the uses of the Community Retail (CR) zoning, be unified in plan and design, and be located at major intersections. The growing commercial complex at SH 78 and FM 544 should be encouraged to become Wylie's New Town Center, attracting the broadest diversity of commercial functions and reflecting the community's overall character as its central place and focal point. Other community retail centers should be more residential in character to blend with adjacent neighborhoods and subordinate to and not competing with the Town Center, and these should be located on SH 78 at Park Blvd. and FM 544 at CR 1378/Country Club. Mixed-Use Corridor Commercial This category should be the most diverse and intensive mixture of commercial uses. These uses are located along major thoroughfares to accommodate easiest vehicular access. They accommodate the broadly-varied uses of the current Corridor Commercial(CC) zoning district, from convenience retail and services to light industry. Such uses are planned and constructed as common"strip" developments or independent free-standing establishments with common joint/cross access, but are guided by design regulations of the Zoning Ordinance and screened from residential adjacency. RESIDENTIAL Wylie has historically been primarily a residential settlement, and most of its remaining land is suitable for a variety of housing types. Wylie should continue to grow as a"bed-room community, with residential as the principal land use, while providing a balanced variety of housing opportunities. Future residential development should be planned to provide a choice of dwelling types but in compatible neighborhoods which reflect this historic low-density rural character. This philosophy demands that less land be allocated to nonresidential service uses, but more to roads, parks, and schools and other residential-support uses. Three levels of residential density are proposed, based on the current zoning classifications. High-Density Residential This category includes small-lot detached and collectively attached dwellings, and should be limited to infill areas already developed or zoned for such densities and housing types with no expansion. Variances from the current code regulations may be required to accommodate such in-fill development or the redevelopment of older areas developed in compliance with earlier codes. Medium-Density Residential This category includes only detached single-family dwellings of not more than 4 dwelling units per acre. These designed as traditional suburban residential neighborhoods located closest to vehicular thoroughfares and urban services such as retail, schools and parks. Low-Density Residential This category is to accommodate the rural residential development, with lots exceeding 1-acre in size. Such lots need not accommodate agriculture uses, and must be 2 acres or larger to accommodate livestock or cultivated crops. These areas may have rural/estate streets with no curb or subsurface drainage, and be furthest from thoroughfares. INDUSTRIAL Industrial land uses primarily provide employment for the local population while providing manufactured products for the region and world beyond, as well as generating private revenues through employment and sales and public revenues through taxes. Industrial uses can generally be divided into two categories, depending on the intensity of the operations and their consequences, and their locational requirements depend on such impacts. Heavy Industry Heavy industry generally includes the more-intensive processing and manufacturing of raw materials into usable products, and such operations normally create the most obnoxious consequences. Heavy industry requires access to regional transportation (highways and rail) and resources(water) as well as special utilities, and should be isolated or buffered from other land uses on larger campus settings. The northeast area of Wylie, as well as the existing Premier Business Park in the southwest, provide these unique locational criteria. This category corresponds to the Industrial (I)District of the current Zoning Ordinance. Light Industry Light industry includes less-intensive assembly, warehousing and distribution of products, as well as people-based office-oriented operations and even intensive commercial activity. These uses are related to the Business Center(BC)zoning district, although setback requirements of the BC must be adjusted to accommodate the platted smaller lots. Such operations can be located on the smaller lots within existing Century, Regency and Wyndham industrial districts, as well as the expansion of the Wyndham area toward the north. INSTITUTIONAL/PUBLIC AND SEMI-PUBLIC All private development requires certain public or quasi-public support use, which must be planned in coordination with the private uses. Municipal Uses Some municipal uses(such as business offices) need to be centrally located and equally accessible by all residents, while others(such as fire stations) need to be decentralized and equally accessible to all residences. New municipal offices should be located within or adjacent to the planned Town Center to help enforce the image of this area as Wylie's central address and destination place. Utilities (such as water and energy) have unique design criteria which largely dictate their location. Public utilities must be within or adjacent to the other land uses which they serve, but should be located as well as designed so as to blend with rather than detract from the character of the surrounding primary uses. Streets and roads make development possible, and their capacity largely dictate (or are dictated by)the potential density/intensity of the various uses of land. Thoroughfares should be planned in accordance with the current Thoroughfare Plan and Engineering Design Standards. Schools and Houses of Worship Schools and day care operations as well as churches and other religious instructions generally belong in proximity to the residential populations which they serve. However, as major traffic generators, these institutional uses should be placed to the exterior of residential neighborhoods and clustered together when possible. Parks and Recreation Public parks and recreational facilities should be located in accordance with the adopted Parks, Recreation and Open Space Master Plan. Both public and private leisure amenities should be designed as an asset to the residential uses rather than detract from them with traffic and other nuisances. ct:2/2/05 ANALYSIS OF COMPARABLE ANNUAL TAX REVENUE FOR VARIED DEVELOPMENT TYPES RESIDENTIAL Assumptions: 27.5 acre site, less 25% streets 0.695/$100 tax rate Lot Size & House Cost Number Lots/Houses Property Tax Revenue 8,500 sq. ft./$150,000 105 $109,464 20,000 sq. ft./$300,000 45 $93,825 1 acre/$500,000 24 $83,400 COMMERCIAL Assumptions: 27.5 acre site with 233,000 sq. ft. buildings, personal property and inventory (As currently with Albertsons, Home Depot, Bank of America, Wendys, Quiznos/Wings-to- Go, ProCuts/StarNails, StooksberryDDS, Kwik Kar Lub and Dry Cleaner as well as 2 vacant lots and tax abatement). 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