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12-13-2011 (City Council) Agenda Packet Wylie City Council CITY OF WY LIE NOTICE OF MEETING Regular Meeting Agenda December 13, 2011 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation of 2"d 6 weeks Star Students: Respect (Mayor Hogue) • Presentation of Mayor for the Day to Patrick Ames. (Mayor Hogue) • People to People Ambassador Program Report By: Emilio Ames • 2011 WISD Student Winners of the "Light Up the Arts" Design Contest for the 2011 Wylie Arts Festival CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. December 13,2011 Wylie City Council Regular Meeting Agenda Page 2 of 5 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the November 8, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2011. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2011. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation for October 31, 2011 and November 30, 2011. (S. Satterwhite, Executive Director WEDC) E. Consider and act upon, Ordinance No. 2011-27 creating a construction work zone for traffic and temporarily reducing the rate of speed on East Brown Street from SH 78 to Stone Road. (C. Holsted, City Engineer) F. Consider, and act upon, Ordinance No. 2011-28, amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD- SF) to accommodate a proposed single family residential subdivision on an approximate 36 acre tract generally located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2011-06 (R. 011ie, Planning Director) G. Consider, and act upon, Ordinance No. 2011-29, amending PD 2003-01, Section 4.06 to modify parking and landscape requirements as it relates to theater development. ZC 2011-07 (R. 011ie, Planning Director) H. Consider, and act upon, an Interlocal Agreement between Collin County and the Rita and Truett Smith Public Library for funding in the amount of$31,896.78. (R. Orozco, Library Director) L Consider, and act upon, authorizing the City Manager to enter into an agreement for custodial services with Commercial Building Maintenance, Inc. for the provision of custodial services for City facilities. (I Butters, Assistant City Manager) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self-Storage) uses throughout the city. ZC2011-08 (R. 011ie, Planning Director) December 13,2011 Wylie City Council Regular Meeting Agenda Page 3 of 5 Executive Summary At the September 27, 2011 meeting, Council directed staff to pursue amending the regulation of Mini- warehouse uses within Light Industrial (LI) Districts. As adopted by Ordinance Number 2007-04 Mini- warehouse (Self Storage uses are allowed by right within the LI and Heavy Industrial zoning districts and requires an SUP within Corridor Commercial zoning districts). With the abundance of mini-warehouse facilities throughout the city, staff is proposing to minimize such uses in the future. 2. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011- 09 (R. 011ie, Planning Director) Executive Summary The subject amendment is presented in an effort to better define "Pawnshops" and where they are located throughout the City. The current ordinance does not take into account the definition as used by the Finance Code of the Texas State Statutes. 3. Hold a Public Hearing and consider, and act upon, amending the zoning from Commercial Corridor (CC) & Business Government (BG) District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 (R. 011ie, Planning Director) Executive Summary The subject property is located at the southwest corner of FM 544 and Sanden Boulevard. Consisting of three undeveloped separate tracts totaling approximately 33 acres, all but four acres are currently zoned Commercial Corridor (CC). The remaining four acres abutting F.M. 544 is zoned Business Government (BG). General Business Tabled from 10-25-2011 Motion to remove from the table and: 4. Consider and act upon the acceptance of the withdrawal of a request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage equal to or larger than 16,000 square feet. Executive Summary On October 25, 2011 the Wylie City Council tabled this item to receive additional information regarding the request and other issues. The applicant has asked that this request be withdrawn. Skorburg will be submitting a preliminary plat for Phase II that fits within the existing PD and will be presented to council in a future agenda item. 5. Consider, and act upon, approval of a Retail Development Agreement between the City of Wylie and B & B Theatres Operating Company, Inc. (S. Satterwhite, Executive Director WEDC) Executive Summary B&B Theatres proposes purchasing a 10.8 tract from the Herzog Development Corporation and the construction of a 57,787 square foot, 12-screen all digital theatre. The facility will be located near the southwest corner of F.M. 544 and Woodbridge Parkway. B&B will close on the tract on or before March 31,2012 with construction to be completed on or before December 31,2013. December 13,2011 Wylie City Council Regular Meeting Agenda Page 4 of 5 6. Consider and act upon approval of an Impact Fee Agreement between the City of Wylie and PM Realty Group. (S. Satterwhite, Executive Director WEDC) Execuive Summary PM Realty Group proposes the construction of a 51,878 square foot medical office building. The estimated investment in the land, real property improvements, and personal property is $9.1 million. The Wylie community has been asked to fund improvements to the median on F.M. 544 providing west bound traffic direct access to the site, bury overhead lines fronting the PM Realty site, and reduce the thoroughfare impact fees attributed to the new construction. WORK SESSION • Presentation of funding issues surrounding the extension of Woodbridge Parkway. • Library Department Overview. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §551.071 Consultation with Attorney; Closed Meeting Meeting with City Attorney regarding a matter (s) in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflict with the Open Meetings Act and for which the City seeks advice regarding the following pending litigation: Cause No. 366-01521-2011; Wylie Economic Development Corporation vs. Sanden International (U.S.A.), Inc. §551.087 (Economic Development) ; Closed Meeting of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act): consideration of issues surrounding an incentive agreement between the Wylie Economic Development Corporation and Clark Street Development. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. December 13,2011 Wylie City Council Regular Meeting Agenda Page 5 of 5 CERTIFICATION I certify that this Notice of Meeting was posted on this 9th day of Decemberr, 2011 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WY LIE Minutes Wylie City Council Meeting Tuesday, November 8, 2011 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, and Councilman Rick White. Councilman David Goss and Councilman Bennie Jones were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation, and Police Chief John Duscio led the Pledge of Allegiance. PRESENTATION • Presentation of flag from Nathan Scott to Mayor Hogue Wylie citizen, Nathan Scott, presented Mayor Eric Hogue with a flag that was flown over Afghanistan in his honor. The flag was carried by Lt. Col. Aaron "Musket" Lade in a 1989 F-16 Fighting Falcon, known as Viper 23, on September 6, 2011 in Afghanistan. Mr. Scott is a local businessman; a financial advisor with Morgan Keegan. • Relay for Life WSM Caregiver Proclamation (Mayor Hogue) Mayor Hogue read a proclamation to members of the American Cancer Society, Relay for Life. 2011 WSM Caregiver, Tina Mosely, was present to accept the proclamation, proclaiming Minutes November 8, 2011 Wylie City Council Page 1 November as Caregiver Month in the City of Wylie. Ms. Mosely cared for her son during his battle with cancer. • Presentation of a Proclamation to Juanita L. Arnold (Mayor Hogue) Mayor Hogue presented a proclamation to Juanita Arnold who will turn 100 on November 28, 2011. The proclamation named November 28, 2011 as "Juanita L. Arnold Day" in the City of Wylie. Mrs. Arnold was unable to attend the meeting. • Presentation for Municipal Court Week November 7-11 (L. Bantz, Finance Director) Mayor Hogue read a proclamation designating November 7 — 11, 2011 as "Municipal Court Week." Finance/Court Director Linda Bantz, Court Supervisor Lisa Davis, and Court Clerk Brenna Stevenson were present for the award. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Grace Morrison, residing at 118 Glen Knoll Drive, Wylie, and chair person for the Library Board, addressed Council thanking city staff and library staff who have been working to enable all 54 library computers to be operational for use by library patrons. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the October 25th and November 1, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Spillyards to approve the consent agenda as presented. A vote was taken and the motion passed 5-0 with Council members Jones and Goss absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural (AG/30) to Planned Development Single Family Detached (PD SF) District. The 36 acre tract is located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2011-06 (R. 011ie, Planning Director) Minutes November 8, 2011 Wylie City Council Page 2 Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting to establish permanent zoning on an approximate 36 acre tract generally located south of E. Brown Street and west of W.A. Allen Boulevard. Annexation of the referenced Kreymer Family tract was in conjunction with a series of comprehensive citywide annexations in 1986. Multiple tracts would eventually be zoned for single family development, and several would retain their Agriculture designation and continue to be used for agricultural and open space uses. 011ie explained that the request to rezone property from Agricultural to PD-SF is consistent with the City's Comprehensive Plan Land Use Map and does conform to the Comprehensive Plan's philosophy. In addition, staff recognizes the applicant's desire to preserve open spaces and natural systems along with providing a homeowners association with responsibility of maintenance of those areas accordingly. She noted at the September 26, 2011 Parks Board meeting; the Board accepted the applicant's proposal for parkland dedication and recommends approval subject to planned development provisions. 011ie reported the planning commission asked for larger square footage homes and the applicant replied the homes would be built as large as the customer desired. The applicant indicated the right turn lane would be installed from Brown Street onto the subject property. Public Hearing Mayor Hogue opened the public hearing for Zoning Case #2011-06 at 6:53 p.m. asking anyone present wishing to address Council on this zoning case to come forward and keep their comments to three minutes. With no one coming forward to address Council for Zoning Case #2011-06, Mayor Hogue closed the public hearing. Applicant/Council Discussion Jim Douglas, 2309 Avenue K, Plano, TX, applicant for the proposed zoning case addressed Council stating that the main part of the creek near the subdivision had a culvert running underground. He reported the City plans were to rebuild that culvert to enlarge it. When incorporated into the development both City engineers and development engineers would see that the water was contained and natural landscape would be preserved. Mr. Douglas reported that he would be constructing board on board fencing with steel enforcements. Mayor Hogue asked when the amenity center would be constructed. Mr. Douglas stated that the amenity center would be the first thing that was built on the property. He explained that too many times buyers are promised certain amenities and then never actually receive the amenities they were promised. "If we build it at the beginning, buyers can see what they will receive if they purchase property in the development." Douglas explained there would be 3,000 sq. ft. of walking trails and a pavilion which will be maintained by the HOA and built by the developer, and installed irrigation systems to all common areas at no expense to the City. In the future, trails should connect to the master plan hike and bike trails. Councilwoman Culver stated that she was not in favor of the small lots, but would be agreeable to increasing the percentage of larger homes and lowering the percentage of 1,800 square foot homes. Councilwoman Spillyards commented that she was not concerned with the lot size but what goes on the lot is more important. She noted that the entrance off Brown was a much better option than W. A. Allen. Mr. Douglas stated that he was comfortable changing the percentage to 10% rather than 15% being at 1,800 s.f. Minutes November 8, 2011 Wylie City Council Page 3 Mayor Hogue asked Mr. Douglas who the builder was they were negotiating with. Mr. Douglas replied it was 99% confirmed as Bloomfield which is a custom builder. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tern Byboth to approve amending the zoning from Agricultural (AG/30) to Planned Development Single Family Detached (PD SF) District for a 36 acre tract located south of E. Brown Street and west of W. A. Allen Blvd. (ZC 2011-06) with the stipulation that the PD be amended to read: 10% of lots to have homes at least 1,800 s.f.; 35% of homes to be at least 2,000 s.f. and 55% of homes to be at least 2,200 s.f. Additionally, the Amenity Center will be completed prior to the first certificate of occupancy being issued to the applicant. A vote was taken and the motion passed 5-0 with Councilmen Jones and Goss absent. 2. Hold a Public Hearing and consider, and act upon, an Amendment to PD 2003-01, Section 4.06 to modify parking and landscape requirements as it relates to theater development. ZC 2011-07 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property (Tract C-1) is located west of Woodbridge Parkway and Wylie High School and south of F.M. 544 and consists of 10.759 acres. The applicant is requesting to amend Section 4.06 Parking Design Requirements of Planned Development 2003-01 to modify the conditions of the PD for the development of a 2,002 seat movie theater (Exhibit "B"). 011ie explained that under the current ordinance, 667 parking spaces would be required plus one space for each employee. Based on the proposed amendment, the subject lot 1 would contain 393 parking spaces on site and 27 parking spaces off-site (lot 2 &4), for a total of 420 spaces. In addition to the parking spaces, the applicant is requesting to increase the distance between landscape islands within the parking lot. The ordinance requires all parking rows to have a landscaped island every 12 spaces, in addition to no parking space further than 60 feet from a landscaped area on site. The amendment originally requested that for every parking row a landscape island to be no more than 25 spaces. This proposal now asked for an island every 20 spaces. The applicant proposes larger planting areas and buffers along the perimeter of the lot including a wider landscaped pedestrian path through the heart of the lot. 011ie reported that the development exceeds the required 25 points of Site Design regulations of the PD. The development will meet the desirable by orienting the front façade to the street (10 pts); combining access points with adjacent tracts (20 pts); direct connection between the buildings and street by providing an enhanced landscape walkway (10 pts), for a total of 40 points. 011ie noted the Planning and Zoning Commission voted 5-0 in favor of the proposed PD with zoning changes. Applicant/Council Discussion Dennis McIntire, Director of Strategic Planning for B & B Theaters, addressed Council stating that B & B Theaters was a family owned company that has been in business since 1924. They are based in Liberty, MS. He reported that B & B is in its fourth generation. McIntire reported that fourth generation Brock Bagby was working with the company while still in high school and is currently in college. The company asked him to find the top 10 cities in the United Stated to build a theatre. Brock chose Wylie as his number one spot. Minutes November 8, 2011 Wylie City Council Page 4 He reported that the focus of B & B was to build theaters in regional markets which is the expertise of the company. The building is 45,000 s. f. and will be state of the art inside and out. The theater will have a balcony section with four screens. It will provide a full restaurant and bar, and serve 21 and older visitors. These sections will have rocker/recliner seats. He stated that they were very excited to introduce this feature. He reported general seating will seat 2,002. Mr. McIntire displayed the frontage of the building and reported it would be 46 feet in height. The downstairs will house a lobby and 12 screens. The main lobby will seat 449 people. The screen in the main auditorium will be called the grand screen and will be 65 feet high. "Bringing Hollywood to Your Hometown" is our theme he reported. He noted that in theaters that are currently running the five to one parking have been more than adequate. He reported that landscaping will be provided on the perimeter of the lot rather than largely on the medians and will exceed the landscape requirements. Public Hearing Mayor Hogue opened the public hearing for amendment to PD 2003-01 at 7:17 p.m. asking anyone present wishing to address Council on this zoning case to come forward and keep their comments to three minutes. WEDC Executive Director Satterwhite addressed Council explaining that this item was not completely approved. He noted that Council would be hearing an aggressive incentive package as part of the B & B Theater land purchase at the next Council meeting. He added that the revenue that will be generated by this development will be returned in a very quick time period. He explained that he could not think of a better use for this particular property being across from the high school and off of SH 544. This proposal has been in the making for over three years. With no one else coming forward to address Council amending PD 2003-01, Mayor Hogue closed the public hearing. Council Action A motion was made by Councilwoman Culver, seconded by Councilwoman Spillyards to approve the amendment to PD 2003-01, Section 4.06 to modify parking and landscape requirements as it relates to theater development. (Zoning Case 2011-07). A vote was taken and the motion passed 5-0 with Councilmen Jones and Goss absent. 3. Hold a public hearing and consider, and act upon, approval of Ordinance No. 2011- 25 authorizing the taxation of tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. (S. Satterwhite, WEDC Executive Director) Staff Comments The 82nd Texas Legislature in Special Session enacted Senate Bill 1 which amends the Texas Tax Code, Section 11.253 (j-1). The bill is very similar to the Freeport exemption passed many years ago, but has potentially a larger impact as time goes on. The City of Wylie has not passed the Freeport exemption and continues to tax Freeport goods, which is primarily inventory of companies such as Sanden International, Bayco Products, Carlisle Coatings & Waterproofing, and Extruders division of Atrium Companies, Inc. Satterwhite explained that unlike the above goods, which are housed in owner occupied facilities, SB 1 exempts goods, principally inventory, that are stored in a location that is not owned by the owner of the Minutes November 8, 2011 Wylie City Council Page 5 goods and transferred from that location to another location within 175 days. Satterwhite noted that prior to consideration of this item; the City Council must first hold a public hearing to hear evidence for or against the continued taxation of these goods or the exemption of the same. Failure to act by December 31, 2011 allows these goods-in-transit to become exempt for the 2012 tax year. Satterwhite reported that to his knowledge no companies in Wylie would qualify for this taxation at this time; however, staff is recommending approval of this ordinance to not give up the opportunity to tax in the future. This taxation would be city wide if enacted. This approval does not forego offering incentives to companies coming into the City if the Council chooses to do so in the future. Mayor Pro Tem Byboth had concerns with adding another taxation and the perception if gives to incoming businesses. Mr. Satterwhite replied that the Council could still use 4A funds for incentives for property to companies the WEDC and Council wished to locate within the City. Public Hearing Mayor Hogue opened the public hearing for Ordinance No. 2011-25 at 7:29 p.m. asking anyone present wishing to address Council on this zoning case to come forward and keep their comments to three minutes. With no one coming forward to address Council, Mayor Hogue closed the public hearing. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to adopt Ordinance No. 2011-25 authorizing the taxation of tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. A vote was taken and the motion passed 5-0 with Councilmen Jones and Goss absent. General Business 4. Consider, and act upon, Ordinance No. 2011-26 amending Chapter 98 (Solid Waste), Article II (Collection and Disposal) of the City of Wylie's Code of Ordinances; providing for a penalty for the violations of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (J Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the Solid Waste Ordinance was last amended in 1983. Some of the provisions of the current ordinance conflict with the manner in which solid waste service is currently provided. This amendment eliminates conflict between the ordinance and the current solid waste contract. This amendment also eliminates some of the specifics as to the manner in which solid waste services are provided so that the ordinance will not have to be amended every time Council makes a change in the contract, or technology changes. Butters noted a red-line version of all changes had been included in the agenda packet for review by Council. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to adopt Ordinance No. 2011-26 amending Chapter 98 (Solid Waste), Article II (Collection and Disposal) of the City of Wylie's Code of Ordinances; providing for a penalty for the violations of this ordinance; providing for repealing, savings and severability clauses; providing for an effective Minutes November 8, 2011 Wylie City Council Page 6 date of this ordinance' and providing for the publication of the caption hereof. A vote was taken and the motion passed 5-0 with Councilmen Jones and Goss absent. 5. Consider, and act upon, Resolution No. 2011-27(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2012. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. The Dallas Central Appraisal District has a five member Board of Directors; one representing the County (Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs). Ehrlich reported that the cities of DeSoto, Sachse, Seagoville, Farmer's Branch, and Richardson City Council nominated Michael Hurtt as a candidate to the Board of Directors of the Dallas Central Appraisal District. The city of Combine nominated Paul Norman as a candidate to the Board of Directors of the Dallas Central Appraisal District. Per the 1979 resolution adopted by the taxing units participating in Dallas Central Appraisal District, candidates are required to receive a majority of the votes in order to be elected to the Board of Directors. Staff is requesting the Council vote for a candidate or abstains from voting; ballots must be returned by December 19, 2011. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman White to cast one vote for Michael Hurtt for the Board of Directors of the Dallas Central Appraisal District to serve as the Suburban Cities Representative on the board. A vote was taken and the motion passed 5-0 with Councilmen Jones and Goss absent. 6. Consider, and act upon, Resolution No. 2011-28(R) casting votes for a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2012. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the City of Wylie has 65 votes that they may cast for a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2012. The City of Wylie may cast all of its 65 votes for one candidate or distribute the votes among any number of candidates (6) that were nominated. Ehrlich explained that votes for each taxing entity have been determined by population. Wylie has 65 votes this year to cast. Mindy Manson reported that there would be five candidate positions open. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Spillyards to cast all 65 votes for Wayne Mayo for the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2012. A vote was taken and the motion passed 5-0 with Councilmen Jones and Goss absent. Minutes November 8, 2011 Wylie City Council Page 7 WORK SESSION • Discuss Planet Kidz Youth Program update. Parks and Recreation Superintendent Diaz addressed Council showing an update presentation regarding the recreation center hours. He presented a survey of current members of the recreation center asking if they were in favor of the closure of the recreation center early on Saturdays, whether they used the facility during the hours in question and whether they were in favor of the Planet Kidz program. The survey was broken down to members with children and those without children. He reported that results were mixed with regard to closing early; however, the survey showed that many members did not utilize the facility during the hours that would be earmarked for the program. About 7% of the overall membership responded to the survey. Diaz reported that staff had contacted WISD staff to determine whether the option to hold Planet Kidz at the schools had been communicated to the board of trustees and the superintendent. He explained that he was told that this was an administrative decision that would not go to the trustees. Diaz answered additional questions for the Council members. REGULAR AGENDA 7. Consider, and act upon, modifying the Wylie Recreation Center operational hours and authorizing the City Manager to execute a lease agreement with Planet Kidz, Inc. for the operation of a youth activity program at the Wylie Recreation Center, contingent upon City Attorney approval of the agreement and insurance documents. (R. Diaz, Parks and Recreation Superintendant) Staff Comments Parks Superintendent Diaz addressed Council stating that if the City Council recommends implementing the Planet Kidz program following the work session, staff has placed this individual item for consideration on the Council agenda per direction provided by City Council at the October 25, 2011 Work Session. This item would allow the Council to alter the Wylie Recreation Center hours of operation and by resolution authorize the City Manager to enter into a lease agreement with Planet Kidz, Inc. pending City Attorney review of the agreement. Matt Rose and Dan Chestnut of the Wylie Parks and Recreation Board spoke about the benefit this program would provide to children. Dale Oaks, owner and operator of Planet Kidz, spoke about the success the program has had in other cities. Mayor Pro Tem Byboth explained that he had spoken to several of the board of trustees who had contacted the City of Mesquite and other places that Planet Kidz were currently operating. Trustees contacted felt hosting this type of event would be very hard on school facilities and would require a lot of additional maintenance with the amount of children that would be participating and wear and tear on the buildings. Minutes November 8, 2011 Wylie City Council Page 8 Council Discussion Councilwoman Culver stated that she had concerns regarding holding the programs in the new Recreation Center. She felt the wear and tear on the facility would outweigh the benefit provided and would require additional ongoing maintenance to the building. She noted that additionally, the memberships for the center were advertised with certain hours of operation and she felt those hours should be maintained. Culver noted that there was currently a 7-11 age group program available to members. She believed the Council should wait to see how this new program works prior to adding anything additional. Councilwoman Spillyards stated that her concerns had always been changing the hours of operation for the recreation center. She stated that members had been promised a set schedule of hours and felt the City should continue with those hours. Mayor Pro Tem Byboth stated that he felt it was not governments place to provide these types of activities. Councilman White commented that he felt the school district was the venue for this type of program. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilwoman Culver to leave current hours of operation for the Wylie Recreation Center and to deny a proposed Planet Kidz program contract between the City of Wylie and Planet Kidz. A vote was taken and the motion passed 5-0 with Councilmen Jones and Goss absent. WORK SESSION • Public Services Department Overview Public Services Director Mike Sferra gave a short overview of his department. He reported activities that were conducted by the Parks, Recreation Center, Public Work (Water/Solid Waste), and Maintenance. He presented pictures of some of the services provided by staff in regard to locating stoppages in water/sewer lines and other service provided by public works. He reported on current activities at the Recreation Center including classes currently being offered at the center. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman Culver, seconded by Councilman White to adjourn the meeting at 9:05 p.m. A vote was taken and the motion passed 5-0 with Councilmen Jones and Goss absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes November 8, 2011 Wylie City Council Page 9 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: December 13, 2011 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 5, 2011 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2011. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2011. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 12/5/2011 City Manager II II 1 - -11 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2011 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,069,720 209,049 209,049 1.22% A FRANCHISE FEES 2,241,000 0 0 0.00% B LICENSES AND PERMITS 411,000 37,237 37,237 9.06% INTERGOVERNMENTAL REV. 600,272 6,945 6,945 1.16% SERVICE FEES 2,716,000 23,059 23,059 0.85% C FINES AND FORFEITURES 307,000 23,443 23,443 7.64% INTEREST INCOME 19,000 707 707 3.72% D MISCELLANEOUS INCOME 335,500 50,798 50,798 15.14% OTHER FINANCING SOURCES 1,681,997 0 0 0.00% REVENUES 25,381,489 351,238 351,238 1.38% USE OF FUND BALANCE 934,010 NA NA NA E TRANSFER FROM EMERGENCY COMMUNICATIONS 248,224 NA NA NA TOTAL REVENUES 26,563,723 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 82,681 6,686 6,686 8.09% CITY MANAGER 700,600 28,728 28,728 4.10% CITY SECRETARY 252,154 9,813 9,813 3.89% CITY ATTORNEY 128,000 5,899 5,899 4.61% FINANCE 893,964 31,049 31,049 3.47% FACILITIES 467,209 7,367 7,367 1.58% MUNICIPAL COURT 279,959 14,444 14,444 5.16% HUMAN RESOURCES 201,183 7,458 7,458 3.71% PURCHASING 118,314 5,097 5,097 4.31% INFORMATION TECHNOLOGY 981,411 12,398 12,398 1.26% POLICE 5,658,953 309,730 309,730 5.47% FIRE 5,771,680 352,919 352,919 6.11% EMERGENCY COMMUNICATIONS 1,153,663 38,101 38,101 3.30% ANIMAL CONTROL 331,331 13,708 13,708 4.14% PLANNING 485,760 20,019 20,019 4.12% BUILDING INSPECTION 681,298 29,662 29,662 4.35% CODE ENFORCEMENT 253,671 7,852 7,852 3.10% STREETS 1,306,972 40,401 40,401 3.09% PARKS 1,563,859 51,531 51,531 3.30% RECREATION 212,050 980 980 0.46% LIBRARY 1,386,731 55,908 55,908 4.03% COMBINED SERVICES 3,652,280 149,610 149,610 4.10% TOTAL EXPENDITURES 26,563,723 1,199,360 1,199,360 4.52% REVENUES OVER/(UNDER)EXPENDITURES 0 -848,122 -848,122 -3.13% A. Property Tax Collections for FY11-12 as of October 31 are 1.47%,in comparison to FY10-11 for the same time period 0.45%. Sales tax received in October is applied towards FY 2010-11. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2010-11 revenue with the remaining fees coming from WAVE and other seasonal fees. D.Interest Income: In relation to the last 12 months the current interest is in line with projections. E. Use of Fund Balance:to supplement Debt Service and Replacement/New Fleet and Equipment. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2011 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 10,341,000 40,770 40,770 0.39% INTEREST INCOME 15,000 983 983 6.55% MISCELLANEOUS INCOME 35,000 3,808 3,808 10.88% OTHER FINANCING SOURCES 0 0 0 0.00% TOTAL REVENUES 10,391,000 45,561 45,561 0.44% F UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 295,050 13,265 13,561 4.60% UTILITIES-WATER 1,116,406 44,806 86,848 7.78% CITY ENGINEER 438,935 16,360 17,278 3.94% UTILITIES-SEWER 660,027 25,180 97,377 14.75% G UTILITY BILLING 597,373 50,938 58,380 9.77% COMBINED SERVICES 9,053,765 604,736 609,087 6.73% TOTAL EXPENDITURES 12,161,556 755,285 882,531 7.26% REVENUES OVER/(UNDER)EXPENDITURES -1,770,556 -709,724 -836,970 -6.82% H F.Most Utility Fund Revenue billed in October are applicable to FY 2010-11. G.Payment to NTMWD for October 2011 and September 2012 required to be paid in October 2011. H.Use of Fund Balance for Public Works Building renovations approved with Water Rate Study and Community Park Utility Infrastructure. Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: December 13, 2011 Item Number: C. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 5, 2011 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2011. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for October 31, 2011. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 12/5/2011 City Manager 1 - -1 1 Page 1 of 1 2011-2012 Investment Report October 31, 2011 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $46,809,493.56 MMA 0.0839% Texpool 12/31/2006 NA 2 $15,008,844.68 MMA 0.0807% TexStar 3/15/2011 NA $61,818,338.24 Total Weighted Average Coupon: 0.08% Money Markets: $61,818,338.24 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $61,818,338.24 Wylie City Council CITY OF VVYLIE AGENDA REPORT Meeting Date: 12-13-11 Item Number: D. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 12-7-11 Budgeted Amount: Exhibits: 2 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation for October 31, 2011 and November 30, 2011. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation for October 31, 2011 and November 30, 2011. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on December 9, 2011. Approved By Initial Date Department Director SS 12-7-11 City Manager 1 - -1 1 Page 1 of 1 11-14-2011 11:18 AM CITY CF WYLIE PAGE: 1 BALANCE SHEET AS OF: OCTOBER 315T, 2011 111-WYLIE ECONOMIC'. DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 1,218,388.27 1000-10115 CASH. - WEDC - INWCOD 0.00 1000-10135 INWCOD BANK - ESCROW 0.00 1000-10180 DEPCSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 295.26 1000-10341 TEXFOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 163,346.07 1000-12996 LOAN REC - JACOBY 0.00 1000-1.2997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - SAVAGE 301,030.72 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 3,062,109.82 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED CHARGES 592,814.80 5,339,984.94 TOTAL ASSETS 5,339,984.94 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 97.00 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE C.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 1,499.80 2000-20132 EMP CARE ELITE 12.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 0.00 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 5,809.62 2000-20210 ACCOUNTS PAYABLE 295.26 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 592,814.80 11-14-2011 11:18 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: OCTOBER 31ST, 2011 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 202,113.52 2000-22915 RENTAL DEPOSITS 1,800.00 TOTAL LIABILITIES 804,442.00 EQUITY 3000-34110 FUND BALANCE - RESERVED 488,181.60 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 4,063,664.08 TOTAL BEGINNING EQUITY 4,551,845.68 TOTAL REVENUE 60,991.91 TOTAL EXPENSES 77,294.65 REVENUE OVER/(UNDER) EXPENSES ( 16,302.74) TOTAL EQUITY & OVER/(UNDER) 4,535,542.94 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 5,339,984.94 11-14-2011 11:18 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: OCTOBER 31ST, 2011 922-GEN LONG TERM :DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEDC 0.00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 47,002.56 2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.00 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS - CURRENT 311,938.02 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28235 ANB LOAN 289,748.24 2000-28236 ANB CONSTRUCTION LOAN 4,645,740.78 2000-28240 HUGHES LOAN 154,201.51 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME MITTS LOAN 0.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 TOTAL LIABILITIES 5,448,631.11 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 5,448,631.11) TOTAL BEGINNING EQUITY ( 5,448,631.11) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 5,448,631.11) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 11-07-2011 10:24 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2011 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,663,889.00 14,428.54 0.00 14,428.54 0.00 1,649,460.46 0.87 INTEREST INCOME 3,000.00 92.92 0.00 92.92 0.00 2,907.08 3.10 MISCELLANEOUS INCOME 579,072.00 46,470.45 0.00 46,470.45 0.00 532,601.55 8.02 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 2,245,961.00 60,991.91 0.00 60,991.91 0.00 2,184,969.09 2.72 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 2,767,766.00 83,992.13 0.00 83,992.13 22,405.44 2,661,368.43 3.84 TOTAL EXPENDITURES 2,767,766.00 83,992.13 0.00 83,992.13 22,405.44 2,661,368.43 3.84 REVENUE OVER/(UNDER) EXPENDITURES ( 521,805.00) ( 23,000.22) 0.00 ( 23,000.22) ( 22,405.44) ( 476,399.34) 8.70 11-07-2011 10:24 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2011 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40150 REV IN LEIU OF TAXES 155,889.00 14,428.54 0.00 14,428.54 0.00 141,460.46 9.26 4000-40210 SALES TAX 1,508,000.00 0.00 0.00 0.00 0.00 1,508,000.00 0.00 TOTAL TAXES 1,663,889.00 14,428.54 0.00 14,428.54 0.00 1,649,460.46 0.87 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 92.92 0.00 92.92 0.00 2,907.08 3.10 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 C.00 0.00 0.00 0.00 0.00 4000-46210 BANK MCNEY MARKET INTEREST 0.00 0.00 0.00 0.30 0.00 0.00 0.00 TOTAL INTEREST INCOME 3,000.00 92.92 0.00 92.92 0.00 2,907.08 3.10 MISCELLANEOUS INCCME 4000-48110 RENTAL INCOME 576,672.00 45,981.80 0.00 45,981.80 0.00 530,690.20 7.97 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 2,400.00 488.65 0.00 488.65 0.00 1,911.35 20.36 4000-48430 GAIN/LOSS SALE OF CAP ASSET 0.00 0.00 0.00 0.00 0.00 0.00 0.90 TOTAL MISCELLANEOUS INCOME 579,072.00 46,470.45 0.00 46,470.45 0.00 532,601.55 8.02 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 _ 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 2,245,961.00 63,991.91 0.00 60,991.91 0.00 2,184,969.09 2.72 11-07-2011 10:24 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2011 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 172,370.0C 13,259.24 0.00 13,259.24 0.00 159,110.76 7.69 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,057.00 0.00 0.00 0.00 0.00 1,057.00 0.00 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.0C 870.78 0.00 870.78 0.00 10,449.22 7.69 5611-51220 PHONE ALLOWANCE 3,456.00 265.84 0.00 265.84 0.00 3,190.16 7.69 5611-51230 CLOTHING ALLOWANCE 0.0C 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 21,771.00 0.00 0.00 0.00 0.00 21,771.00 0.00 5611-51410 HOSPITAL & LIFE INSURANCE 27,260.0C 1,790.57 0.00 1,790.57 0.00 25,469.43 6.57 5611-51420 LONG-TERM DISABILITY 983.00 38.22 0.00 38.22 0.00 944.78 3.89 5611-51440 FICA 10,687.00 398.43 0.00 398.43 0.00 10,288.57 3.73 5611-51450 MEDICARE 2,500.00 200.87 0.00 200.87 0.00 2,299.13 8.03 5611-51470 WORKERS COMP PREMIUM 656.00 555.41 0.00 555.41 0.00 100.59 84.67 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 252,600.O0 17,379.36 0.00 17,379.36 0.00 235,220.64 6.88 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,000.0C 0.00 0.00 0.00 35.85 4,964.15 0.72 5611-52040 POSTAGE & FREIGHT 980.00 0.00 0.00 0.00 2.68 977.32 0.27 5611-52130 TOOLS/ EQUIP - UNDER $100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 0.00 0.00 0.00 277.61 4,722.39 5.55 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 10,980.00 0.00 0.00 0.00 316.14 10,663.86 2.88 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 3,089.61 ( 3,089.61) 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 3,089.61 ( 89.61) 102.99 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,031,378.00 0.00 0.00 0.00 0.00 1,031,378.00 0.00 5611-56040 SPECIAL SERVICES 180,789.00 1,722.50 0.00 1,722.50 98.00 178,968.50 1.01 5611-56080 ADVERTISING 27,900.00 1,530.00 0.00 1,530.00 765.00 25,605.00 8.23 5611-56090 COMMUNITY DEVELOPMENT 36,250.00 6,084.99 0.00 6,084.99 0.00 30,165.01 16.79 5611-56110 COMMUNICATIONS 3,780.0C 182.37 0.00 182.37 251.11 3,346.52 11.47 5611-56180 RENTAL 22,600.00 4,000.00 0.00 4,000.00 388.00 18,212.00 19.42 5611-56210 TRAVEL & TRAINING 27,087.00 0.00 0.00 0.00 1,228.69 25,858.31 4.54 5611-56250 DUES & SUBSCRIPTIONS 8,803.00 280.00 0.00 280.00 1,500.00 7,023.00 20.22 5611-56310 INSURANCE 303.O1 0.00 0.00 0.00 0.00 303.00 0.00 5611-56510 AUDIT & LEGAL SERVICES 22,750.00 0.00 0.00 0.00 0.00 22,750.00 0.00 5611-56570 ENGINEERING/ARCHITECTURAL 38,600.00 0.00 0.00 0.00 0.00 38,600.00 0.00 5611-56610 UTILITIES-ELECTRIC 3,500.00 0.00 0.00 0.00 168.89 3,331.11 4.83 TOTAL CONTRACTUAL SERVICES 1,403,740.00 13,799.86 0.00 13,799.86 4,399.69 1,385,540.45 1.30 11-07-2011 10:24 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2011 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR. Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 635,846.00 52,812.91 0.00 52,812.91 0.00 583,033.09 8.31 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 635,846.00 52,812.91 0.00 52,812.91 0.00 583,033.09 8.31 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 400,000.00 0.00 0.00 0.00 0.00 400,000.00 0.00 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 40,000.00 0.00 0.00 0.00 0.00 40,000.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 2,000.00 0.00 0.00 0.00 0.00 2,000.00 0.00 5611-58830 FURNITURE & FIXTURES 14,600.00 0.00 0.00 0.00 14,600.00 0.00 100.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 456,600.00 0.00 0.00 0.00 14,600.00 442,000.00 3.20 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 2,767,766.O0 83,992.13 0.00 83,992.13 22,405.44 2,661,368.43 3.84 TOTAL EXPENDITURES 2,767,766.00 83,992.13 0.00 83,992.13 22,405.44 2,661,368.43 3.84 REVENUE OVER (UNDER) EXPENDITURES ( 521,805.00) ( 23,000.22) 0.00 ( 23,000.22) ( 22,405.44) ( 476,399.34) 8.70 *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Sub ledger October 31, 2011 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance September 30, 2011 $570,197.70 Hughes(#63 of 120) 7/25/06 3,676.29 189,068.33 2,888.51 787.78 5.00 186,179.82 ANBTX(#12 of 60) 10/28/10 8,454.82 374,299.11 6,910.83 1,543.99 4.95 367,388.28 ANBTX-ACE(#2 of 180) 8/1/11 40,681.80 4,856,051.28 17,413.22 23,268.58 5.75 4,838,638.06 October 31, 2011 27,212.56 $25,600.35 $5,392,206.16 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Inventory Subledger October 31, 2011 Inventory-Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 4,750 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a 225,514.65 ACE Martinez Lane 22.44 96,000 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 53.88 576,808 122,825 3,062,109.82 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase ($112,500). Wylie Economic Development Corporation AVOIDED TAX SUB LEDGER-Ascend Custom Extrusion October, 2011 2011 Amt. Received COW Tax WISD Tax 1/5 of July COW 1/5 of July WISD Total Payment August 4,257.03 7,766.75 851.41 1,553.35 14,428.54 September 4,257.03 7,766.75 851.41 1,553.35 14,428.54 October 4,257.03 7,766.75 851.41 1,553.35 14,428.54 November December Total 12,771.09 23,300.25 2,554.23 4,660.05 43,285.62 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF NOVEMBER 2011 MONTH WEDC WEDC WEDC DIFF % DIFF 2009 2010 2011 10 VS 11 10 VS 11 DECEMBER $90,500 $81,014 $103,687 $22,673 27.99% JANUARY 101,531 91,593 100,999 9,406 10.27% FEBRUARY 145,246 153,281 158,204 4,923 3.21% MARCH 87,584 89,717 104,670 14,953 16.67% APRIL 86,040 89,119 98,463 9,344 10.48% MAY 130,966 144,953 158,379 13,427 9.26% JUNE 94,993 111,174 116,832 5,658 5.09% JULY 95,282 99,065 119,527 20,462 20.66% AUGUST 117,541 144,373 157,310 12,937 8.96% SEPTEMBER 104,015 98,102 123,153 25,052 25.54% OCTOBER 100,312 96,010 118,827 22,816 23.76% NOVEMBER 144,326 145,337 163,346 18,009 12.39% Sub-Total $1,298,336 $1,343,739 $1,523,400 $179,661 13.37% AUDIT ADJ TOTAL $1,298,336 $1,343,739 $1,523,400 $179,661 13.37% WEDC SALES TAX ANALYSIS $180,000 ._ $160,000 - i $140,000 v'E $12.0,000 $100,000 ` :' . 02010 ■2011 $60,000 11 : 'n.,, A $40,000 $20,000 - $0 1 I ' I ' I 4 1 ` 1 I I t = T N >. rn m , ti Q ' Q a O o p to Z 12-07-2011 08:20 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: NOVEMBER 30TH, 2011 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 1,290,074.85 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 INWOCOD BANK - ESCROW 0.00 1000-10180 DEPOSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 295.26 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12810 LEASE PAYMENTS RECEIVABLE 7,200,714.60 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - SAVAGE 301,030.72 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 2,296,512.37 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED CHARGES 592,814.80 11,683,442.60 TOTAL ASSETS 11,683,442.60 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 0.04 2000-20117 TMRS PAYABLE 1,081.92 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 1,649.78 2000-20132 EMP CARE ELITE 12.00 2000-20151 ACCRJED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 0.00 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 0.00 2000-20210 ACCO3NTS PAYABLE 295.26 2000-20530 PROPERTY TAXES PAYABLE 0.00 12-07-2011 08:20 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: NOVEMBER 30TH, 2011 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20540 NOTES PAYABLE 592,814.80 2000-20810 DUE TO GENERAL FUND G.00 2000-22270 DEFERRED REVENUE 202,113.52 2000-22275 DEFERRED REV - LEASE PRINCIPAL 6,190,662.26 2000-22280 DEFERRED REVENUE - LEASE INT 1,010,051.74 2000-22915 RENTAL DEPOSITS 2,800.00 TOTAL LIABILITIES 8,001,481.32 EQUITY 3000-34110 FUND BALANCE - RESERVED 488,181.60 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,298,067.35 TOTAL BEGINNING EQUITY 3,786,248.95 TOTAL REVENUE 122,873.04 TOTAL EXPENSES 227,160.71 REVENUE OVER/(UNDER) EXPENSES ( 104,287.67) TOTAL EQU--TY & OVER/(UNDER) 3,681,961.28 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 11,683,442.60 12-07-2011 08:20 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: NOVEMBER 30TH, 2011 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEDC 0.00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 47,002.56 2000-20311 COME ABSENCES PAYABLE-CURRENT 0.00 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS - CURRENT 258,655.39 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWCOD LOAN 0.00 2000-28235 ANB LOAN 289,748.24 2000-28236 ANB CONSTRUCTION LOAN 4,645,740.78 2000-28240 HUGHES LOAN 153,598.50 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRINE KUTS LOAN 0.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 TOTAL LIABILITIES 5,394,745.47 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 5,466,044.33) TOTAL BEGINNING EQUITY ( 5,466,044.33) TOTAL REVENUE 0.00 TOTAL EXPENSES ( 71,298.86) REVENUE OVER/(UNDER) EXPENSES 71,298.86 TOTAL EQUITY & OVER/(UNDER) ( 5,394,745.47) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 12-05-2011 04:24 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2011 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,663,889.00 14,428.54 0.00 28,857.08 0.00 1,635,031.92 1.73 INTEREST INCOME 3,000.00 115.13 0.00 208.05 0.00 2,791.95 6.94 MISCELLANEOUS INCOME 579,072.00 47,337.46 0.00 93,807.91 0.00 485,264.09 16.20 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 2,245,961.00 61,881.13 0.00 122,873.04 0.00 2,123,087.96 5.47 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 2,767,766.00 149,866.06 0.00 227,160.71 1,510.17 2,539,095.12 8.26 TOTAL EXPENDITURES 2,767,766.00 149,866.06 0.00 227,160.71 1,510.17 2,539,095.12 8.26 REVENUE OVER/(UNDER) EXPENDITURES ( 521,805.00) ( 87,984.93) 0.00 ( 104,287.67) ( 1,510.17) ( 416,007.16) 20.28 12-05-2011 04:24 FM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2011 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40150 REV IN LEIU OF TAXES 155,889.00 14,428.54 0.00 28,857.08 0.00 127,031.92 18.51 4000-40210 SALES TAX 1,508,000.00 0.00 0.00 0.00 0.00 1,508,000.00 0.00 TOTAL TAXES 1,663,889.00 14,428.54 0.00 28,857.08 0.00 1,635,031.92 1.73 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 115.13 0.00 208.05 0.00 2,791.95 6.94 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46150 INTEREST EARNINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 3,000.00 115.13 0.00 208.05 0.00 2,791.95 6.94 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 576,672.00 46,981.80 0.00 92,963.60 0.00 483,708.40 16.12 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 2,400.00 355.66 0.00 844.31 0.00 1,555.69 35.18 4000-48430 GAIN/LOSS SALE OF CAP ASSET 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 579,072.00 47,337.46 0.00 93,807.91 0.00 485,264.09 16.20 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49550 LEASE PRINCIPAL PAYMENTS (0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 2,245,961.00 61,881.13 0.00 122,873.04 0.00 2,123,087.96 5.47 12-06-2011 09:55 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2011 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET $ OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 172,370.00 13,259.24 0.00 19,888.86 0.00 152,481.14 11.54 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,057.00 1,060.00 0.00 1,060.00 0.00 ( 3.00) 100.28 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 1,306.17 0.00 10,013.83 11.54 5611-51220 PHONE ALLOWANCE 3,456.00 265.84 0.00 398.76 0.00 3,057.24 11.54 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 21,771.00 0.00 0.00 882.47 0.00 20,888.53 4.05 5611-51410 HOSPITAL & LIFE INSURANCE 27,260.00 1,790.57 0.00 3,581.14 0.00 23,678.86 13.14 5611-51420 LONG-TERM DISABILITY 983.00 76.44 0.00 114.66 0.00 868.34 11.66 5611-51440 FICA 10,687.00 253.71 0.00 370.64 0.00 10,316.36 3.47 5611-51450 MEDICARE 2,500.00 216.41 0.00 316.76 0.00 2,183.24 12.67 5611-51470 WORKERS COMP PREMIUM 656.00 0.00 0.00 555.41 0.00 100.59 84.67 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 252,600.00 17,792.99 0.00 28,474.87 0.00 224,125.13 11.27 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,000.00 194.83 0.00 194.83 35.85 4,769.32 4.61 5611-52040 POSTAGE & FREIGHT 980.00 34.59 0.00 34.59 2.68 942.73 3.80 5611-52130 TOOLS/ EQUIP - UNDER $100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 284.39 0.00 284.39 27.45 4,688.16 6.24 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 10,980.00 513.81 0.00 513.81 65.98 10,400.21 5.28 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 150.00 0.00 150.00 0.00 2,850.00 5.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 150.00 0.00 150.00 0.00 2,850.00 5.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,031,378.00 0.00 0.00 0.00 0.00 1,031,378.00 0.00 5611-56040 SPECIAL SERVICES 180,789.00 781.50 0.00 2,504.00 0.00 178,285.00 1.39 5611-56080 ADVERTISING 27,900.00 765.00 0.00 2,295.00 250.00 25,355.00 9.12 5611-56090 COMMUNITY DEVELOPMENT 36,250.00 86.71 0.00 6,171.70 0.00 30,078.30 17.03 5611-56110 COMMUNICATIONS 3,780.00 434.41 0.00 616.78 125.08 3,038.14 19.63 5611-56180 RENTAL 22,600.00 1,909.32 0.00 5,909.32 0.00 16,690.68 26.15 5611-56210 TRAVEL & TRAINING 27,087.00 1,766.91 0.00 1,766.91 1,069.11 24,250.98 10.47 5611-56250 DUES & SUBSCRIPTIONS 8,803.00 1,550.00 0.00 1,830.00 0.00 6,973.00 20.79 5611-56310 INSURANCE 303.00 0.00 0.00 0.00 0.00 303.00 0.00 5611-56510 AUDIT & LEGAL SERVICES 22,750.00 15,900.18 0.00 15,900.18 0.00 6,849.82 69.89 5611-56570 ENGINEERING/ARCHITECTURAL 38,600.00 0.00 0.00 0.00 0.00 38,600.00 0.00 5611-56610 UTILITIES-ELECTRIC 3,500.00 120.72 0.00 120.72 0.00 3,379.28 3.45 TOTAL CONTRACTUAL SERVICES 1,403,740.00 23,314.75 0.00 37,114.61 1,444.19 1,365,181.20 2.75 12-06-2011 09:55 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2011 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 635,846.00 93,494.51 0.00 146,307.42 0.00 489,538.58 23.01 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 635,846.00 93,494.51 0.00 146,307.42 0.00 489,538.58 23.01 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 400,000.00 0.00 0.00 0.00 0.00 400,000.00 0.00 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 40,000.00 0.00 0.00 0.00 0.00 40,000.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 2,000.00 0.00 0.00 0.00 0.00 2,000.00 0.00 5611-58830 FURNITURE & FIXTURES 14,600.00 14,600.00 0.00 14,600.00 0.00 0.00 100.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 456,600.00 14,600.00 0.00 14,600.00 0.00 442,000.00 3.20 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 2,767,766.00 149,866.06 0.00 227,160.71 1,510.17 2,539,095.12 8.26 TOTAL EXPENDITURES 2,767,766.00 149,866.06 0.00 227,160.71 1,510.17 2,539,095.12 8.26 REVENUE OVER (UNDER) EXPENDITURES ( 521,805.00) ( 87,984.93) 0.00 ( 104,287.67) ( 1,510.17) ( 416,007.16) 20.28 *** END OF REPORT *** Wylie Economic Development Corporation Inventory Subledger November 30, 2011 Inventory-Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 4,750 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 ACE Martinez Lane 22.44 96,000 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 53.88 576,808 122,825 2,296,512.37 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase ($112,500). Wylie Economic Development Corporation Balance Sheet Sub ledger November 30, 2011 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance October 31, 2011 $5,392,206.16 Hughes (#64 of 120) 7/25/06 3,676.29 186,179.82 2,900.55 775.75 5.00 183,279.27 ANBTX(#13 of so) 10/28/10 8,454.82 367,388.28 6,890.73 1,564.09 4.95 360,497.55 ANBTX-ACE(#3 of 180) 8/1/11 40,681.80 4,838,638.06 16,718.25 23,963.55 5.75 ANBTX-ACE (#4 of 180) 8/1/11 40,681.80 4,821,919.81 17,576.77 23,105.03 5.75 4,804,343.04 November 30, 2011 44,086.30 $49,408.42 $5,348,119.86 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation AVOIDED TAX SUB LEDGER-Ascend Custom Extrusion November, 2011 2011 Amt. Received COW Tax WISD Tax 1/5 of July COW 1/5 of July WISD Total Payment August 4,257.03 7,766.75 851.41 1,553.35 14,428.54 September 4,257.03 7,766.75 851.41 1,553.35 14,428.54 October 4,257.03 7,766.75 851.41 1,553.35 14,428.54 November 4,257.03 7,766.75 851.41 1,553.35 14,428.54 December Total 17,028.12 31,067.00 3,405.64 6,213.40 57,714.16 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF NOVEMBER 2011 MONTH WEDC WEDC WEDC DIFF % DIFF 2009 2010 2011 10 VS 11 10 VS 11 DECEMBER $90,500 $81,014 $103,687 $22,673 27.99% JANUARY 101,531 91,593 100,999 9,406 10.27% FEBRUARY 145,246 153,281 158,204 4,923 3.21% MARCH 87,584 89,717 104,670 14,953 16.67% APRIL 86,040 89,119 98,463 9,344 10.48% MAY 130,966 144,953 158,379 13,427 9.26% JUNE 94,993 111,174 116,832 5,658 5.09% JULY 95,282 99,065 119,527 20,462 20.66% AUGUST 117,541 144,373 157,310 12,937 8.96% SEPTEMBER 104,015 98,102 123,153 25,052 25.54% OCTOBER 100,312 96,010 118,827 22,816 23.76% NOVEMBER 144,326 145,337 163,346 18,009 12.39% Sub-Total $1,298,336 $1,343,739 $1,523,400 $179,661 13.37% AUDIT ADJ TOTAL $1,298,336 $1,343,739 $1,523,400 $179,661 13.37% WEDC SALES TAX ANALYSIS $180,000 ._ ____ _ ____ - __ $160,000 $140,000 • $120,000 ', $100,000 $80,000 ''' ru rr7111111102010 IIIIIIIIIIII2011 $60,000 $40,000 IIIIIIIIIIII, 2. Z $20,000 $0 uiIiIuuuuuII Co' CO U _ N C >' N 0 I E 2 0 Q , m i Q 4? 0 > N Q. O 02 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: December 13, 2011 Item Number: E. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: December 5, 2011 Budgeted Amount: N/A Exhibits: Ordinance Subject Consider, and act upon, approval of Ordinance No. 2011- 27 creating a construction work zone for traffic and temporarily reducing the rate of speed on East Brown Street from SH 78 to Stone Road. Recommendation Motion to approve an Ordinance creating a construction work zone for traffic and temporarily reducing the rate of speed on East Brown Street from SH 78 to Stone Road. Discussion On July 26, 2011, Council awarded a construction contract to Tiseo Paving Company for the reconstruction of East Brown Street from SH 78 to Stone Road. Tiseo has started clearing the right of way in preparation for the construction of the storm sewer lines. Due to the proximity of the workers and equipment to the existing travel lanes, it is necessary to reduce the speed on the roadway to 30 miles per hour. The ordinance is written such that when the project is completed, the speed limit will be 40 miles per hour. Approved By Initial Date Department Director CH 12/05/11 City Manager II II 1 - -11 Page 1 of 1 ORDINANCE NO. 2011-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A CONSTRUCTION WORK ZONE FOR TRAFFIC AND TEMPORARILY REDUCING THE RATE OF SPEED THEREIN, ON EAST BROWN STREET FROM SH 78 TO STONE ROAD, IN THE CITY LIMITS OF THE CITY OF WYLIE; DEFINING THE SPEED LIMIT, REQUIRING THE PLACEMENT OF SIGNS; DECLARING WHAT MAY BE A SUFFICIENT COMPLAINT IN PROSECUTIONS HEREUNDER; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that construction is being undertaken on or near the intersections of East Brown Street from SH 78 to Stone Road, herein defined, and that in order to protect the traveling public and the workers during the construction of East Brown Street, it is necessary to reduce the maximum permitted speed limit during such construction period, and that the increased penalties provided by State Law for the violation of such limits should be imposed to more effectively enforce such limits; and WHEREAS, the City Council has further investigated into and determined that the speed limit to be effective in such construction zone is that determined and requested by the Texas Department of Transportation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein. SECTION 2. Creation of Zone. A construction work zone is hereby established in accordance with Section 472.022 of the Transportation Code of the State of Texas for all lanes of traffic along each of the following locations: (A) On East Brown Street from its intersection with SH 78 to its intersection with Stone Road. SECTION 3. Establishment of Speed Limit. For the above-described zones the prima facie maximum speed limit of 30 miles per hour is hereby established. SECTION 4. Duration of Construction Zone. Such speed limits will be effective for a period of two (2) years or until the signs which are to be erected pursuant to Section 5 below are removed by the City of Wylie, whichever is sooner. Thereafter, the speed limit in the said construction zones will revert to a speed limit of 40 miles per hour. Ordinance No.2011-27 Construction Work Zone Ordinance Page 1 SECTION 5. Requirement of Signs. The City of Wylie or its designee is hereby directed to erect signs marking the above-described construction zones to indicate that the area is a construction work zone, to indicate where the zone begins and ends, and which state "fines double when workers present." SECTION 6. Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin a violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as required by law and the Charter of Wylie. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of December 2011. Eric Hogue, Mayor ATTESTED TO AND AS TO FORM: Carole Ehrlich, City Secretary Ordinance No.2011-27 Construction Work Zone Ordinance Page 2 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: December 13, 2011 Item Number: F. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: November 09, 2011 Budgeted Amount: Exhibits: Five Subject Consider, and act upon, Ordinance No. 2011-28, amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) for a single family residential subdivision on an approximate 36 acre tract generally located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2011-06 Recommendation Motion to approve Ordinance No. 2011-28, amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) for a single family residential subdivision on an approximate 36 acre tract generally located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2011-06 Discussion Owner: Bill Kreymer. Applicant: Jim Douglas with Douglas Properties, Inc. Zoning Case 2011-06 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The 36 acre tract is generally located south of E. Brown Street and west of W.A. Allen Boulevard. Exhibits A, B, C & D are included and made a part of this Ordinance. Exhibit C will serve as Preliminary Plat for the subject development, while Exhibit B establishes the design guidelines. Minimum lot size shall be 8,500 square feet, while 10% of the lots shall have a dwelling size of 1,800 s.f, 35% of the lots shall have a minimum dwelling size of 2,000 s.f. and 55% of the lots shall have a minimum dwelling size of 2,200 s.f. In addition, the applicant has stated and included in the PD Conditions that the amenities will be installed prior to the issuance of a Certificate of Occupancy The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Approved By Initial Date Department Director RO 11/09/11 City Manager 1 - -11 Page 1 of 1 ORDINANCE NO. 2011-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2011-06, FROM AGRICULTURAL (A/30) TO PLANNED DEVELOPMENT SINGLE FAMILY DETACHED DISTRICT (PD-SF) TO ACCOMMODATE A PROPOSED SINGLE FAMILY RESIDENTIAL SUBDIVISION; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development Single Family (PD-SF), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (PD Conditions), and Exhibit "C" (Development Plan/Preliminary Plat), and Exhibit "D" (Conceptual Site Plan) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No. 2011-28 ZC2011-06—Kreymer Estates SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of December, 2011. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: Wednesday,December 21,2011,in the Wylie News. Ordinance No. 2011-28 ZC2011-06—Kreymer Estates Exhibit"A" Legal Description Zone Case#2011-06 Being a part of a 147.026 acre tract out of the Francisco De La Pina Survey, Abstract No. 688, conveyed to G.C. Kreymer,Archie Kreymer, Clifton Kreymer, and Billy Kreymer by Orville Kreymer by partition deed recorded in Volume 949, Page 634 of Collin County Deed Records, said tract more fully described as follows: Beginning at the southwest corner of Eastridge Addition, an addition to the City of Wylie as recorded in Cabinet F, Page 715; THENCE,N 88°44'37"W, a distance of 475.53 feet to a point for corner; THENCE,N 20°09'37" W, a distance of 751.22 feet to a point for corner; THENCE,N 87°08'37" W, a distance of 100.00 feet to a point for corner; THENCE,N 02°55'50"E, a distance of 1281.71 feet to a point on the south right-of-way line of East Brown Street as recorded in Document#20090826001074420 to a point for corner; THENCE, S 88°36'37"E, along said south right-of-way line of East Brown Street a distance of 871.97 feet to a point for corner; THENCE, S 02°58'47" W, leaving said south right-of-way line of East Brown Street a distance of 1982.17 feet to the Place of Beginning and containing 1,553,744 square feet or 35.6690 acres of land. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No. 2011-06 GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10 District(SF-10) set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are included by reference and shall apply as provided herein. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 110 lots. 2. Lot Size a. Minimum lot area of 8,500 square feet b. Minimum lot width of 70 feet at the building line. c. Minimum side yard of 10 feet and side yard of corner lots 25 feet when that side is on a key lot. A side yard adjacent to a side street shall not be less than 15 feet in all other circumstances. 3. Minimum Building area of 1,800 square feet on 10% of the lots, 2,000 square feet on 35% and 2,200 square feet on 55%. 4. Three-tab roofing shall not be permitted. 5. No alleys shall be required within the property. 6. Lots which back onto park land shall provide a wrought iron fence of uniform design to be installed by the homebuilder, as approved by the P&Z. 7. The Development Plan attached as Exhibit"D" shall serve as the Preliminary Plat. 8. Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 9. Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 10. Maintenance of the Park Area Maintenance of the park area will be the responsibility of the homeowners' association (HOA). A. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system and test all backflow devices annually as per City requirements. e. Maintain playground equipment, pavilions, benches, tables, grills, trash receptacles, concrete trail, and any other installed improvements. Coordinate with the City Park Division prior to the selection, placement, installation, repair, or removal of any improvement for consistency with City park standards. f Maintain slopes and topography to prevent erosion. B. City responsibilities of amenities include: a. Perform playground safety inspections by qualified personnel. b. Schedule pavilion reservations for the public. 11. All Park Amenities as described in Exhibit "D" and as approved by the City Parks Department, shall be installed prior to the issuance of a Certificate of Occupancy. 1 2 , EURANKS LN („....jE 0 of z 6 EASTRIDGE ADDITION U C^E F Pc.;15 y1 10 gU� Lif \, IIi�. e I 9 I a I i I 11 ro DON&MARIL`4 LIGH Il�fl n Li I I! 'n 19 MARai`onas 100 ns 0 100 NO I�t Ga_ea�`ncRSEk Tiiiiiii W.A. ALLEN BLVD. ii j e voL4229.Pg.1388 LVD. SCALE P-100' ROMNEY&DOLORES SMITH �1 39311 AcRes VOL.422...Pc.1488 W iii. SRDGE ADDI RDREV�� C=e.L.Pc.931 �� r EEGINnOING I_ � ® �2 V Li1 �� liammiI �a� i TONE GROV: Lon F' 1111 O PHASE 1 F CAu.G Pc.I]3 —'1� '�GNE GROVE Z _ �� ' �� ,� BHasE t > lMybere �M� ,, / �. CA G,Pc.173 ��r CO ,, 4,01 .. 11111141fONCORLAVON TSWITCHING STATION � �; w .. �� , � a VOL.2008,Pc.631 swig ;loft v •r,ter!' I OPEN S'ACE r..a ,.. W I "iE7 4o A.•ES 1111-1--1 lion � �: AKIN ADDITION ill All!IIIIIiIii E lti Irei ie�'� - N WYLIE INDEPENDENT .� _ SCHOOL DISTRICT oof BLOCK A,Lo'i 1 t�,ftr11,�' VOL 2448.Pc.867 �i� � ��' 6 TIBBALS INVESTMENT PP RTNERSHIP ETU 24.020 Al RFS I ,w� 4$" AM 6I INS,A229630 e 0llb}e'E llsL7Yir 00 aee !S r' vo ARCHIE A.&NOkA M.TRUSTEES / OF REVOCABLE TRUST 39.982 ACRES 9]0098211 EXHIBIT 11C" KREYMER ESTATES pLOCAIION MAP N.T.S. BEING 36.475 ACRE IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS 7 00 RESIDENTIAL LOTS S.N. Na 78 OCTOBER 12, 201 1 & A( 4 A AREA AREA AREA AREA OWNER aatyeny BILL I REYM ER t y r L Bois c Lite P.O.m.483-WOK Tea.05088 Lite Olaf (10 to20 Trees o cedar cedes Cedar 972-422-1658 m Cedar 6wiper-f0-cdpr (20 to.50 Trees O Lite Oak (20 to.AD Tired O — DEVELOPER SUBECT Z (10 to 20 Trees I 40x to be saved) 6'cd@r-l2cdboer Post Oak 6'cdber-l2 doer DOUGLAS PROPERTIES INC. 1RIfCT 6 cr6 cr1*r djae 40%to be sated) Cottonwood tar to be saved) ,`j 60i to be saved) MBo, 2308 Mom 101 Plano.Plano.Too 75074 L sans Drha ktetbllnY 972-422-1658 (50 to 100 Trees o 80X to be saved) TIPTOM6 MINGEN a. INC. 00.88410.12=laltra maw 6caryoer-.TO caber rinraelbansnseem I 1 5 0 _ s , EURANKS LN e 0 Z rLt EASTRIDGE ADDITION U C^E F PG.;15 y W 1 10 g O �\, �� 0 I 9 I Li 11 Li ro DON 9700340 LlGH I�JI to I I fY 11 1s]oceAionas 10o eo 0 100 NO I st Ga_3c`AvIErs o W.A. ALLF�] Ei G Li 11 I I.t voL4E29Pc E88 L\/D. SCALE Y-10(Y ROr 83 DOLORES SIE TH �� 39311 ACRES VOL.422M Pc.1488 W IIIIIItIIiNiNNN STRDGE ADDIiiiIIIIIiiii isT.REvisD0DC931 I_ ® 2 LJ LLI g , 000 Et a� GROVE ,R..(� .... ...�,..�m.....,ca.. CEE G Pc.l 73 I` • I _� ONE GROVE MST! �' I riR.I.. PHASE t �i /�� r. j C Cne.G Po.TS i Ali 02 ,,,r, B 5 ONCORLAVON ' —w _ 4 ✓ SWITCHING STATION �,� .*. voL.zooe,Pa eat �� I �� IA. ' ' Ill „, . ■„ �� Q \ I v` LI ).j^..a./`•` AKIN ADDITION I I �s. ,,,� VOL 2GCfi P3.376 tn Lliiiiiiiiiiii Es'ESIS'EE S'E'''E,,,S. 'Es', 'sEEEM SVS.: s sESSEE s Es EM',MEE'S v smss, I. — ————_—J N VA LIE INDEPENDENT r SCHOOL DISTRICT IIIIiIIIi !R4 eLocic aVOL.2448.Pc.86] RHiPLTo402xe r .n liour� s weo t §P . ARCHIE A.&NORA M.TRUSTEES / OF 399823LE TRUST 39.982 ACRES 9"/009828211 EXHIBIT "D" KREYMER ESTATES ILOCA71oN MAP N.T.S. OPEN SPACE=8.3804 ACRES BEING 36.475 ACRE IN THE FLOODPLAIN =3.7364 ACRES CITY OF WYLIE, COLLIN COUNTY, TEXAS =4.6440 ACRES 100 RESIDENTIAL LOTS S.N. Na 78 AUGUST N29 ER 2011 3 3040 L.F.6`HIKE 8c BIKE TRAIL BILL KREYMER L��„ _ 2 OPEN SPACE IMPROVEMENTS P.O.BEA 483•••Me.Tem 7� 4_419n-4Y2-1658 (O DENOTES TOT LOT OR PAVILION) — DEVELOPER Z (=DENOTES PARK BENCH) DOUGLAS PROPERTIES INC. E 2308 Awns .SW*101.Plano,Texas 75074 (®DENOTES PICNIC TABLE) K.sons Dri s9n-42x-1858 TIPTON nrWDImING. INC. EXACT LOCATION OE THE HIKE&BIKE TRAIL TO BE 77 ��9� DETERMINED BY THE DEVELOPER ANC THE GIT'r OF WYLIE 6so0•4111s2111CsaMw4 nLhMI rhova,Olblanenseem p4 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: December 13, 2011 Item Number: G. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: November 14, 2011 Budgeted Amount: $ Exhibits: Five Subject Consider, and act upon, Ordinance No. 2011-29, amending PD 2003-01, Section 4.06 to modify parking and landscape requirements as it relates to theater development. ZC 2011-07 Recommendation Motion to approve Ordinance No. 2011-29, amending PD 2003-01, Section 4.06 to modify parking and landscape requirements as it relates to theater development. ZC 2011-07 Discussion Owner: Herzog Development Applicant: B&B theater, Inc. Zoning Case 2011-07 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The 10.759 acre tract is generally located west of Woodbridge Parkway and Wylie High School and south of F.M. 544. This amendment only modifies the conditions of the 10.759 acres of Tract C-1 of the existing PD and does not alter any other uses or regulations in the approved Conditions of the Planned Development District. Exhibits A, B, C, D and E are included and made a part of this Ordinance. Exhibits C & D will serve as the Site Plan and Landscape plan, respectively, for the subject development. Exhibit B establishes the design guidelines. All parking spaces shall be 10 x 20 in size with landscaped island no more than every 20 spaces. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Approved By Initial Date Department Director RO 11/14/11 City Manager 1 - -11 Page 1 of 1 ORDINANCE NO. 2011-29 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2011-07, AMENDING PLANNED DEVELOPMENT 2003-01, SECTION 4.06; TO MODIFY PARKING AND LANDSCAPE REQUIREMENTS AS IT RELATES TO THEATER DEVELOPMENT ON TRACT C-1. PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development for a Theater Development, said property being described in Exhibit"A" (Legal Description), Exhibit "B" (PD Conditions), and Exhibit "C" (Site Plan), Exhibit "D" (Landscape Plan), and Exhibit "E" Building Elevation Plan attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not Ordinance No. 2011-29 ZC2011-07 B&B Parking affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of December, 2011. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: Wednesday,December 21st in the Wylie News. Ordinance No. 2011-29 ZC2011-07 B&B Parking Exhibit"A" Legal Description Zone Case#2011-07 BEING a tract of land out of the I & G.N. Railroad Company Survey, Abstract No. 1061 and the L.K. Pegues Survey,Abstract No. 703, in the City of Wylie, Collin County, Texas, being part of the 17.928 acre tract of land described in deed to Woodbridge North I, Ltd., recorded in Volume 5579, Page 1118 of the Land Records of Collin County,Texas, and being more particularly described as follows: BEGINNING at a 5/8-iron rod with "KHA" cap found in the east line of Lot 10,Block A of HOOPER BUSINESS PARK, an addition to the City of Wylie, Collin County,Texas,according to the plat recorded in Cabinet H, Slide 52 of the Map Records of Collin County, Texas, from which a 5/8-inch iron rod found for the southeast corner of said lot bears South 00°08'14" East, a distance 3.78 feet; THENCE with the east line of Lots 9,& 10 of said Block A,North 00°08'14" West, a distance of 1,186.81 feet to a 5/8-inch iron rod found for the common west corner of said called 13.317 and called 17.928 acre tracts; THENCE leaving the east line of Lots 9,& 10 of said Block A, South 89°32'00" East, a distance of 849.89 feet to a 5/8-inch iron rod found for a corner on the curving west right-of-way line of Country Club Boulevard(variable width ROW) and being the beginning of a curve to the right having a radius of 844.50 feet, a central angle of 36°24'19", a chord bearing and distance of South 32'48'52" West, 527.61 feet; THENCE with the west right-of-way line of Country Club Boulevard(variable width ROW),the following courses and distances to wit: Southwesterly,with said curve, an arc distance of 296.88 feet to a 5/8-iron rod with "KHA" cap found for the end of said curve; South 51'00'31" West, a distance of 720.16 feet to a 5/8-inch iron rod with "KHA" cap found for the beginning of a curve to the left having a radius of 875.50 feet, a central angle of 01°03'06", a chord bearing and distance of South 50°28'58" West, 16.07 feet; Southerly,with said curve to the left, an arc length of 16.07 feet to the POINT OF BEGINNING and containing 10.759 acres or 468,636 square feet of land. Amendment To Exhibit"B" PLANNED DEVELOPMENTDISTRICT DEVELOPMENT STANDARDS (Zoning Case 2011-07) 4.06 Parking Design Requirements:The parking design requirements for commercial development after the date of the Amendment to Exhibit"B" of Ordinance No. 2003-01 are subject to the following: A. The parking for commercial development shall be designed in accordance with the following: (i) A parking space shall be 10 feet wide and 20 feet deep for 90 degree parking. A parking space for angled parking shall be in accordance with the dimensions shown on Illustrative Plan Parking Layout attached hereto as Exhibit"B-2". (ii) A one-way aisle shall be a minimum of 20 feet wide. (iii) A two-way aisle shall be a minimum of 24 feet wide. B. The parking for a theater within a commercial development shall be designed in accordance with the following: (i) A one-way aisle shall be a minimum of 20 feet wide. (ii) A two-way aisle shall be a minimum of 24 feet wide. (iii) The parking ratio shall be 1 space for every 5 theater seats. (iv) The intermediate parking landscape islands shall be located at a maximum of 20 spaces. L. /\\ GRAPHIC SCALE IN FEET �� 0 30 60 1I0 \/ /TO ADJACENT FUTURE CONNECTION L I`. 1 3 A/®-mr `4 ry e -- ^' - w` / iw[10T RACK ' / wa.o 1 /r' a �� ACRES I sa TaREs // - a P\ nxe cu. �_ T /Ur SITE p. ; ,.,;P `',, Esr rvE i/ ,wJ/.. , i Ise r a iT � , 0 �P1It_ � I 1 ,/ ,T,/ ,i, - I 1 o�� Min 6 5 Nc/ ® • M1l" tl U`" % • �• } 1 VICINITY MAP C ,wc< _ 4 / , 1: .,-/ N r s. R N on DT 1 n. �ocn.ory T 1- J _ vLE�NEbTAs`Rc _ - ��/Jr� \ III SITE DATATABLE Q E „ :.x..' a rc EFLISL e'2419 " T / R 5306.55 LOT 1: ae�aNE 2002 SEATS n o Ir L EXISTING NUBS 50 UNDEVELOPED rvE /a ITT.. ^ CB S32'4a 22'W TTeT SF i�� I / J GL 52].61 PROPJFED THEATRE h a�a� E Pow, IP r % DSCAPEREPULSED DON) ueoosP Se ==T I LAINDSCAPE� �D �,Se rL'j Ra.' zw.ou+aF c wxKC L :-� - 'I' `3PC G. Tt tl� NIP BUILDING. FOOTPRINF AREA 48097 Se II IQ I 10 \ ` '/ °= I j m TOTAL x ER as MIMING COVERAGE ik I .... .. rorvc wn,k o E V2„221 ��q ` BUNGING HEIGHT M,l�'lMWA50 �� Gy. a 4,' PARKING: 2224/ T -j / REQUPARKING IRED wmreronu m o ' r — 1 °svT / /9% a QO REQUIRED a r o a , 1 HIVE �,�/ PR PROVIDED(ONSNE) 978 a_ _ MM.,PROVIDED 9/ PARN PROVIDED 29 TOTAL PROVIDED i , ee T 2 '" 5D3 / 5/3/ NOTES 1 ALL DIMENSIONS ARE TO FACE OF CURB D '� � ED g2 ALL R.II ARE 2 UNLESS OTHERWISE NOTED 5 KNo,woS LAP Puc AREEAaA AND UNLESS OTHERWISE NOTED in is. ., / O Y / EE 0 aPL _ 'fir., /33 soe9Yy T®®R<I'0306" o cies°oRaasa"w CONCEPT PLANLT LOT 1:5.86 ACRES -ter' .cS TS n�,oT nro) L.K.PEGUES SURVEY,ABSTRACT NO.703 Q W x V ` � -% � voI "s CITYOF WYLIE • L �Iyd ' � !' COLLIN COUNTY,TEXAS W F- aa % + "%re �` EXHIBIT'C' z 2 ,IAA w CO • xs P S 2- F - yi v� v IRE-_ ,'' - T Il 1 EXBT SHEET NUMBER ,Ca I l 10 759 ACRES 6 ¢ nm e x (TRACT 2) SITE jai ° I "$AN SEW ESMT HERZOG HOLDINGS,INC / GRAPHIC SCALE IN FEET #O]0605000T590T0 O 20110]21000 760100 G 20 ao SD .Jz•RC.CT PRCCT, I ,- I II 'g -',,,, . „--- 0 . r-7) HA, a th,..... g " \_____. , - ,I 11±.22,2,strik 11---- \Ile II I '55555 / / / 6. t I MI V�,N. VICINITY MAP F ,lit (10). Ark _ r :m mo Z / ' LANDSCAPE TABULATIONS el_, �� ® Oe00T U LANDSCAPE R m n m TOTAL IMPERVIOUS AREA Ea c,P OF �' TOTAL SITEr r IACRES) � �/ MINIMUM LANDSCAPE AREA PEOUIREMEN-1 AL(CC(PROPERTIES MTH A BUILDING FOOTPRINT Y i = �-x TOTALING MORE THAN,O OOo . ,FOP PROv OM OE O � , MINIMUM LANDSCAP E AREA( )p ( . . / ✓ - �4�1 �op02f1G�,,O66 (zss 00 A MINIMUM OF 50 SF MUS 2 55 5 OF LANDSCAPE a BE TasR o woE o FOR P EACH PARKING SPACE TOTAL PARKING spaces Aze spaces °— Q zaREma SF sP0 sv0 SF 1 ' ■ " 140 2G0 c LA ioo 6 POINTSN ADDITION LANOsAPE REeuREMENTs Lsreo Aeov LANDSCAPE T E AnANED BY PROVIDING SITE AMENITIES g • — — — — — • f:_ 0�,-, TOTAL MAN OBTAINED BY PRowo Nc A CENTRAL CONNECTION To THE BUILDINGWI LANDSCAPE ENHANCEMENTS P cRo P"POINTS � N ;A ' ' ®�'� b %' 5a oPpPO POINTS NALL BE PROVIDED Q 0 SF PER PARKING SPACE OVERT„E a M A MUM 2 POINTS anrtv m EL Q m ,` l .� 1 /� G�JJ�ceP e � O" PTR�UGM a00TaNAL LANDSCAPE AREA 11.es SF TOTAL POINTS REQUIRED 25 POIN-IS TOTAL POINTS ROVCEC 325 PO MS L250 0 Q r ¢2 ry v ¢a �Q iAd . � � � KEY ra �z BEES E E.E. FFE4:4FNFT'r1OFFI'' WCL 0 Ii °°,�a roro °. 1mm v z — ems( °, v a =� N ° 6 Q a_SHRUBS P�5`� Z TQoo�'gA G Q P ° 99 o 0v O Fyn m °°m 5°..°°, O c ry o ,$p5 Ro alp x GROUNDCOVERMNES Q W c rI ° ,. ,w,,,°,�.._,,, .°, w 2 Q ,,,,,. LAM °.�:,.°° °mmm a„m°°° _sae T. Z o in C.) a= w� w a CO LANDSCAPE PLAN J 0 EXHIBIT"D" LOT 1:5.34 ACRES j 03 L.K.PEGUES SURVEY,ABSTRACT NO.703 CITY OF WYLIE COLLIN COUNTY,TEXAS S R L-1 RE „„____,......._ -—. ...- . . -- ” '•; 101,'-:-.r'7;,,r-1--,7, ,•. . :. „ , ) 'li. -rn-,rez,,,,t, ' ,,,..f' -,, 1,.. ,. „so 1 i i kaie .' „.- :7-,.*”,•'4'.'''.7-" '`,.,i''...;,.,„,j-- , ...._„___ ..,......_.„.„ 1 ''44111 -.: -''' fittri.,•:i-i.,,,,,,,,,L-.:-- • —a, .W-0,-,•,f:-:•. •-,1 ,, ,,-, MI Z 1 11-e-16;7- !. 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H T 4 ,„,.,,, , ,J ITI ,;114,6.447...,„... ,...r ,..„ ' - , ',. .- _ PRELIMINARY DESIGN li 1, 1 .,,,,,,,,,..... .4 I'l'-'''''''! •, ', BaB TheeNtre's.=wyme 12 4101124142''"A'''''l .kij,SiWA,..71,W.7'W r.i.r.w.-AF V 4..ek.K.WItt,Aih,,,,,,,Wki.,01e,,0474 Aki, g l' ,A4 I I ;• ii.--..... ,,,,,,,,.,re„,...o. „, Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 13, 2011 Item Number: H. Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: November 14, 2011 Budgeted Amount: $ 31,896.78 Exhibits: Subject Consider, and act upon, an Interlocal Agreement between Collin County and the Rita and Truett Smith Public Library in the amount of$31,896.78. Recommendation Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement between Collin County and the Rita and Truett Smith Public Library in the amount of$31,896.78. Discussion Collin County allocates funds for library services to cities in the county. For fiscal year 2012, Collin County will fund the Rita and Truett Smith Public Library $31,896.78 from October 2011 through September 2012. Payments are made to the City of Wylie on a quarterly basis. Approved By Initial Date Department Director RO 12/08/2011 City Manager 1 - -1 1 Page 1 of 1 THE STATE OF TEXAS COUNTY OF COLLIN INTERLOCAL AG ' EMENT BETWEEN THE COUNTY OF COLLIN AND THE RITA & TRUETT SMITH PUBLIC LIB ' RY I. This agreement is made and entered by and between Collin County, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY" and the Rita & Truett Smith Public Library; hereinafter referred to as the "LIB ' RY". II. The COUNTY and LIB ' RY agree as follows: The COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County. The LIB ' RY is a City Council created entity established for administering and providing library services for the general public in Collin County, Texas. The undersigned officers or agents of the COUNTY and the LIB ' RY are properly authorized officials and agents and each has the necessary authority to execute this contract on behalf of said agent's principal and that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. The COUNTY agrees to fund the LIB ' RY in the amount of $31,896.78 for the 2012 fiscal year (October 2011 through September 2012) of the COUNTY, under the conditions and terms set out herein. In exchange for said funds provided by the COUNTY, the LIBRARY will provide the following services to the citizens of Collin County for the year of 2012: The LIB ' • RY shall continue to provide full library services for residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. The LIB ' • RY shall perform such other functions and duties as may be required of it by law or by lawful authority. All benefits and services provided by the LIB ' • RY and the administration of its program or programs shall be done in conformity with all State and Federal Laws and without regard to race, religion, gender or ethnic background of the persons being served, and without regard to the immigration status of the persons being served. All funds provided to the LIB • RY by the COUNTY shall be used solely for library services to the public. The LIBRARY shall diligently prepare and keep accurate and current records of its board meetings, official actions and expenditures and shall permit inspection and copying of said records by authorized agents of the Commissioners' Court, District Attorney and County Auditor of Collin County, Texas from 8:00 A.M. to 5:00 P.M. Monday through Friday of each week (except officially recognized holidays). Further, the LIB ' • " Y agrees to submit to audits by the County Auditor in accordance with the directions of said official. The LIB ' • RY shall comply with the Texas Open Records Act and the Texas Open Meetings Act, provided that matters and records deemed confidential by law shall not be compromised. For the aforementioned services provided by the LIBRARY, the COUNTY agrees to pay to the LIBRARY for the full performance of this agreement the annual amount of$31,896.78; to be paid on a quarterly basis. The LIB ' RY understands and agrees that payment by the COUNTY to the LIBRARY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY, and in conformance with applicable state law. Neither of the parties to this agreement waives or shall be deemed herby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. The LIB ' RY is not given authority by this contract to place the COUNTY under any manner of legal obligation to any third party, person, entity or agency, and is not hereby made an agent of the COUNTY for the purpose of incurring liability. The LIBRARY does not have under this agreement authority or legal capacity to admit or confess error or liability on behalf of the COUNTY. The effective date of this agreement shall be the day that it is signed by both parties. This agreement and any of its terms and provisions, as well the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. EXECUTED in duplicate originals this, the day of , 2011. BY: The County Judge of Collin County, Texas BY: The Authorized Representative of Date The Rita & Truett Smith Public Library Wylie City Council CITY OF VVYLIE AGENDA REPORT Meeting Date: 12-13-12 Item Number: I. Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 12-07-11 Budgeted Amount: $ 132,000 Exhibits: Custodial Service Agreement Subject Consider, and act upon, authorizing the City Manager to enter into an agreement for custodial services with Commercial Building Maintenance, Inc. for the provision of custodial services for City facilities. Recommendation Motion to authorize the City Manager to enter into an agreement for custodial services with Commercial Building Maintenance, Inc. for the provision of custodial services for City facilities. Discussion Competitive sealed bids have been solicited to provide for an agreement for custodial services for City of Wylie facilities. Commercial Building Maintenance, Inc. (CBM) was the lowest bidder. A bid tabulation is provided below. Eight reference checks were done on CBM including current customers, past customers, and including references other than those listed by CBM in their bid submittal. All eight references characterized CBM's service as excellent and praised how responsive they are. The bid submitted by CBM represents a savings of approximately $3300.00 per month compared to what the City is currently paying for custodial services. Commercial Building Maintenance Inc, - $7471.00 Global Building Maintenance Inc, - $9281.65 Unified Service Associates - $11,479.00 Approved By Initial Date Department Director JB 12/07/2011 City Manager II II 1 - -1 1 Page 1 of 1 AGREEMENT FOR CUSTODIAL SERVICES This Agreement (the "Agreement") is made and entered into this the day of , 2011 (the "Effective Date"), by the City of Wylie, Texas (the "City"), a Texas municipal corporation, and Commercial Building Maintenance, Inc., a Texas corporation (the "Contractor"). WITNESSETH: WHEREAS, City issued Competitive Sealed Bids for Custodial Services for various City locations within the City and to perform such work as may be incidental thereto, which is attached hereto as Exhibit "A" and incorporated herein in its entirety by reference for all purposes (the "Bid Specifications"); and WHEREAS, Contractor timely submitted a sealed bid to provide such services, including a list of consumable supply items, with the typical, current costs therefore, used in performing the services under this Agreement and in response to the Bid Specifications, which is attached hereto as Exhibit "B" and incorporated herein in its entirety by reference for all purposes (the "Bid Submittal"); and WHEREAS, City has selected Contractor to provide the custodial services sought in the Bid Specifications. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1. Scope of Services. The Contractor shall provide such services, equipment and supplies upon the terms and conditions set forth in the Agreement Documents and shall furnish all personnel, labor, equipment, supplies and all other items necessary to provide all of the work as specified by the terms and conditions of the Agreement Documents. The City-owned buildings to be serviced and the date that the servicing of each building shall begin will be as set forth in the Bid Specifications or as later specified by the City in writing. 2. Term. • Performance of services by Contractor under this Agreement shall begin on the Effective Date and shall terminate two (2) years following the Effective Date. City may renew this Agreement for two (2) additional one (1) year terms, by providing notice of its intent to renew in writing to Contractor prior to the end of any annual term, upon the same terms and conditions hereof. 3. Contract Price. The City shall pay the Contractor for the performance of the work, subject to additions or deductions by change order or as otherwise provided in the Agreement Documents (hereinafter defined), in current funds, the sum of seven thousand four hundred seventy-one dollars and 00/100 ($7,471.00) per month (the "Service Fee"). The City AGREEMENT FOR CUSTODIAL SERVICES Page I 602144.1 shall also reimburse Contractor for the actual cost of the custodial supplies used in performing the work under this Agreement, plus five percent (5%) (the "Supplies Fee"). The Contractor shall invoice the City monthly for the Service Fee and Supplies Fee, and the City shall pay the Contractor the full invoiced amount within thirty (30) days after receiving the invoice. 3. Agreement Documents. The "Agreement Documents", as that term is used herein, shall include the following documents, and this Agreement does hereby expressly incorporate same herein as fully as if set forth verbatim in the Agreement: A. This Agreement; B. The Bid Specifications attached hereto as Exhibit"A"; and C. The Bid Submittal attached hereto as Exhibit"B". This Agreement shall incorporate the terms of the Bid Specifications in its entirety. To the extent that Exhibit"A", Exhibit"B" are in conflict with provisions of this Agreement or each other, the provisions of this Agreement, then the provisions of Exhibit "A", shall prevail in that order, followed by Exhibit"B". 4. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein. All provisions of the Agreement Documents shall be strictly complied with and conformed to by the Contractor, and no amendment to the Agreement Documents shall be made except upon the written agreement of the parties, which shall not be construed to release either party from any obligation of the Agreement Documents except as specifically provided for in such amendment. 5. Insurance. The Contractor shall procure and keep in full force and effect throughout the term of this Agreement all of the insurance policies specified in, and required by, the Agreement Documents. 6. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 7. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR,ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR.TRUSTEES (COLLECTIVELY REFERRED TO AS "CONTRACTOR" FOR PURPOSES OF THIS SECTION 7), AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS "CITY" FOR AGREEMENT FOR CUSTODIAL SERVICES Page 2 602144.1 PURPOSES OF THIS SECTION 7) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH) LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT. THE CITY WILL NOT ACCEPT LIABILITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION OF CONTRACTOR. CONTRACTOR AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,KNOWN AND UNKNOWN,EXISTING OR CLAIMED TO EXIST,RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN CONTRACTOR AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONTRACTOR, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY CONTRACTOR IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE;HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CITY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CITY'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONTRACTOR SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8. Consideration. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. AGREEMENT FOR CUSTODIAL SERVICES Page 3 602144,1 li 9. Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. 10. Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. 11. Ordinances. Except as specifically provided in the Agreement.Documents, the parties agree that contractor shall be subject to all Ordinances of the City, whether now existing or in the future arising. 12. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 13. Assignment. This Agreement may not be assigned. 14. Sovereign Immunity. The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15. Notice. Any notice provided or permitted to be given under this 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 b 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 accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Contractor,to: Commercial Building Maintenance,Inc. Attn: 1101 N. Hwy. 360, Ste. 200 Grand Prairie, TX 75050 AGREEMENT FOR CUSTODIAL SERVICES Page 4 602144.1 If to City,to: City of Wylie Attn: City Manager 6891 Main Street Wylie, Texas 75034 16. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 17. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 18. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. IN WITNESS, WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals on this the day of , 2011. CITY OF WYLIE,TEXAS a Texas municipality By: Mindy Manson, City Manager ATTEST: AP OVED AS TO FORM: P ,k‘, Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd &Jop in,P.C. Rebecca Brewer, City Attorneys AGREEMENT FOR CUSTODIAL SERVICES Page 5 602144,1 Commercial Building Maintenance,Inc. a Texas corporation, By: Printed Name: Its: STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me she is the duly authorized representative for the CITY OF WYLIE, TEXAS and she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2011. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for Commercial Building Maintenance, Inc. and he/she executed said instrument for the purposes and consideration therein expressed. } GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2011. Notary Public in and for the State of Texas AGREEMENT FOR CUSTODIAL SERVICES Page 6 602144.1 Exhibit "A" BID SPECIFICATIONS [37 Pages] AGREEMENT FOR CUSTODIAL SERVICES Page 7 602144,1 CUSTODIAL SERVICES--VARIOUS LOCATIONS BID SPECIFICATIONS INTRODUCTION The City of Wylie is accepting competitive sealed bids to establish a two (2) year fixed price contract, with two (2) City optional one (1) year renewals, for the daily cleaning of the facilities as outlined in the bid document. It is the intention of the City of Wylie to contract for this service with the firm that offers the BEST VALUE BID. Sealed bids shall be accepted at the Wylie Municipal Complex, Office of the Purchasing Agent, 300 Country Club Drive Building 100, Wylie, Texas until 2:00 PM November 22nd 2011. The City reserves the right to reject any or all bids and to accept the bid which provides the best value for the City. Criteria by which vendors responses will be evaluated are the following in order of importance: 1. Work stability as displayed by documentation of successful experience with contracts of similar size, complexity, type of space services during the past five (5) years. (For example: commercial buildings, municipalities, libraries, animal facilities, high security and high traffic public areas to include any previous work history with the City of Wylie). 2. Price. 3. Accuracy, thoroughness, and comprehensiveness of detailed equipment listing, proposed work plan, past and current references, and employee information. 4. The proposed use of personnel and equipment to meet the service requirements of the City as specified in this document. The City reserves the right to accept or reject in part or in whole any bid submitted and to waive any technicalities for the best interest of the City. The City reserves the right to determine "or equal" status. Bids for goods and services may be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City. VENDORS SHALL SUBMIT THE FOLLOWING TO ALLOW PROPER BID EVALUATION 1. Work plan showing the number of personnel they will use to provide the specified services, the number of hours that will be worked in each building by the employees; a comprehensive list of all the equipment that the vendor will use in each building; and how project work, such as window washing and carpet cleaning, etc., will be accomplished. (Note, outside window washing at the City Hall, Recreation Center and Library are a separate contract and should not be included in the quote) 2. A detailed list of the work history of at least three previous or current clients (including contact information) of similar size, the number of square feet cleaned for each client and the type of space serviced, i.e., office, warehouse, libraries, recreational facilities etc. 1 3. Completed bid package with bid form filled in. Vendors may be required to allow City representative to view financial records including employee pay ranges and employee benefit packages. { 2 MANDATORY PRE-BID MEETING: Vendors shall attend a pre-bid meeting which will be held on: Friday, October 28th, 2011 at 9:00 AM City of Wylie City Hall 2nd floor Planning Conference room. 300 Country Club Drive Building 100 Wylie, TX 75098 MANDATORY SITE VISIT: A mandatory site visit will take place immediately following the Mandatory Pre- Bid Meeting. Failure to complete the mandatory pre-bid meeting and site visit shall deem a bid offering as non- responsive. 3 CUSTODIAL SERVICES—VARIOUS LOCATIONS INSURANCE REQUIREMENTS Requirements Contractors performing work on City property or public right-of-way for the City of Wylie shall provide the City a certificate of insurance evidencing the coverage and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverage as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverage must be authorized by the Texas Department ofInsurance to transact business in the State of'Texas and Must be acceptable to the City of Wylie. Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverage or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT PROVISIONS 1. Commercial General(Public) $500,000 each occurrence, City to be listed as additional Liability to include coverage for: $1,000,000 general aggregate; insured and provided 30-day a) Premises/Operations notice of cancellation or b) Products/Completed Or material change in coverage. Operations c) Independent Contractors d) Personal Injury $1,000,000 combined single City prefers that insurer be e) Contractual Liability limits rated B+VI or higher by A.M. Best or A or higher by Standard &Poors 1. Business Auto Liability As required by State of Texas Workmen's Compensation& Statutory Limits City to be provided a Employers'Liability $100,000 each accident waiver of subrogation Questions regarding this insurance should be directed to the City of Wylie Purchasing Agent at 972-516-6140 4 CITY OF WYLIE, TEXAS CUSTODIAL SERVICES—VARIOUS LOCATIONS TABLE OF CONTENTS Service Required Section 1 Cleaning Specifications Section 2 Cleaning Standards Section 3 Supplies & Equipment Section 4 Work Procedures Section 5 Quality Control Section 6 Personnel Section 7 Safety& Security Section 8 Bid Submittal Section 9 Indemnification Section 10 Certification of Compliance Section 11 5 SECTION 1 SERVICES REQUIRED 6 CITY OF WYLIE,TEXAS CUSTODIAL SERVICES—VARIOUS FACILITIES SPECIFICATIONS FOR SERVICE SERVICE A. The City of Wylie facilities to be serviced, time to be serviced and minimum frequency of service required in this contract are listed on Facility Square Footage, Frequency, and Worker Hours Table at the end of this section. B. The contractor shall furnish all labor, tools, equipment, materials, products, insurance, bonds, supervision and any other item necessary to perform the service required. The contractor shall satisfactorily perform the work and services at the frequencies and times specified. Acceptability of the work is subject to approval of the City's representative. C. Project cleaning services shall be performed only when the facilities are'unoccupied unless approved by, and scheduled through,the City's representative. D. Electrical power and hot and cold water shall be furnished by the City through existing electrical and plumbing sources. E. Contractor agrees to provide services set forth in the specifications more frequently than stated, if need arise. Intervals noted in this agreement are the minimum that are expected and may increase in frequency should the needs of the facilities warrant. Additional items not mentioned in this document but required to provide a clean, sanitary professional environment will be the responsibility of the contractor at no additional cost to the City of Wylie. F. Contractor will furnish City with a detailed staffing list of personnel in the assigned buildings by the first week of each month. G. The Contractor will maintain the same personnel at the specified facilities unless City requests, or approves in writing, changes, H. In the event of absence, the contractor is required to provide qualified substitutes not from within existing staffing already assigned. Shortages in staffing will result in a credit returned to City. I. Contractor is subject to weekly evaluation related to the performance of work. Failure to provide a satisfactory level of work will result in a credit adjustment. { ' E1 7 J. The Contractor will provide one (1) employee capable of supervising the cleaning operations at all times and to make daily inspections and to be responsible for maintaining the overall quality of housekeeping. In addition, contractor shall designate one (1) person to be the point-of-contact who will, upon reasonable notice, be available to report and confer with the City's representative with respect to the services provided. The contractor shall furnish the City with a twenty-four contact number, i.e., telephone (mobile and regular) and/or a pager. The contact number for the general manager of the contractor will be furnished to the city with a twenty-four hour contact as well. 8 NIGHT CUSTODIAL PERSONNEL 1. Night Personnel— This night shift custodian(s) will be assigned to various facilities throughout the City of Wylie on as the days shown on the Frequency Matrix. This position's responsibilities include, but are not limited to, daily cleaning of all areas according to the Frequency Matrix, detailed high dusting of ceiling ventilation grids and ceiling tiles, high ledges, routine window cleaning, upholstery cleaning, operation of power equipment machinery, i.e. low speed buffers, high speed burnishers, automatic floor scrubbing machines, and restroom cleaning equipment. Duties also include stripping and refinishing of VCT flooring, scrubbing of ceramic, synthetic and other flooring, application of floor sealers, floor wax, shampooing of carpet and extraction of carpeted surfaces. (Note — outside window cleaning at the City Hall, Recreation Center and Library are not included in this contract. The gym floor, aerobics floor and rubber matting in the fitness area are NOT included in this contract.) io WARRANTY SERVICE CLAUSE If any of the work is not completed in accordance with the written requirements specified in the contract documents, the contractor will receive written notice of non-compliance (email, fax, or mail.) The contractor will correct the area of non-compliance within 24 hours of notice. If contractor fails to correct the defective work in the allotted time, the City of Wylie representative at his/her discretion may deduct the number of square feet in the affected area from the monthly invoice or remedy the deficiency at the expense of the • contractor. • EE� 11 FACILITY, SQUARE FOOTAGE,FREQUENCY, and ESTIMATED WORKER-HOURS Facility Sq. Ft. Frequency Hours/day 1 City Hall 45,737 5 days/week 8.3 2 Recreation 47,159 7 days/week 8.6 Center 3 Library 43,934 6 days/week 8 4 Public Safety 33,000 5 days/week 6 Building _ 5 Service Center . 2800 5 days/week 1 6 Community 4,435 5 days/week 1.5 Center 7 Animal Shelter 400 5 days/week 0.5 TOTAL 177,465 34.4 NOTE: 5 days/wk is Monday—Friday 6 days/wk is Monday - Saturday ' f 12 SECTION 2 CLEANING SPECIFICATIONS 13 CITY OF WYLIE FREQUENCY MATRIX RESTROOMS,LOCKER ROOMS,and SHOWERS ITEMS TO BE CLEANED TASK(S)TO BE PERFORMED DAY WK. OTHER Ceramic tile floor Sweep (or vacuum) & mop with X germicide. Machine scrub/clean grout. 3X yr. Vinyl tile floors Sweep (or vacuum) & mop with X germicide. Strip old finish& apply new finish. 3X yr. Spray buff X Concrete floors Hose with germicide & rinse/mop. X Machine scrub w/germicide& rinse, 3X yr. Showers Clean walls, doors & curtains X w/germicide. Scrub with germicide & rinse. X Floor drains Remove litter from screens seal trap. X Flush with disinfectant. X Wall surfaces Remove spots with germicide. X Total clean with germicide. X Hand Sinks Clean w/germicide (scour if needed). X Dry and polish plumbing including X any exposed pipes under sinks. Countertop Clean with germicide & dry X surfaces Mirrors Clean with glass cleaner & dry. X Commodes Clean entire fixture with germicide. X Brush interior under flush rim. X Dry exterior of seat& polish X plumbing. Remove water/mineral deposits with X mild acid solution. Urinals Clean entire fixture with germicide. X Brush interior under flush rim. X Dry exterior of seat&polish X plumbing. Remove water/mineral deposits X w/mild acid, replace urinal screen as needed. E1 14 RESTROOMS,LOCKER ROOMS and SHOWERS (Cont.) ITEMS TO BE CLEANED TASK(S)TO BE PERFORMED DAY WK. OTHER Stall partitions Clean w/germicide & dry. Remove X fingerprints, stains and graffiti. ' Trash receptacles Empty(reline if soiled) & reposition. X Damp wipe germicidal solution. X Wash interior and exterior 1X mo. w/germicide, Sanitary napkin Empty and reline with bag liners. X dispensers Clean interior and exterior X w/germicide. Hand soap Refill as needed, wipe exterior X dispensers w/germicide. Paper towel Refill, clean with germicide & X dispensers polish. Toilet tissue Refill, clean w/germicide and dry. X dispensers Dispose of tissue roll only when empty. Drinking Clean w/germicide, dry &polish. X fountains Lockers High dust tops, spot clean exteriors. X Wall-mounted air Replace empty canisters and dead As needed. fresheners batteries. Jail areas and cells Damp wipe all surfaces with X germicide. Kitchen Range Thorough cleaning As needed Stainless steel Polish 2X year kitchen equipment 15 CITY OF WYLIE CLEANING SPECIFICATIONS OFFICES,COMMON AND PUBLIC AREAS ITEM TO BE CLEANED TASK(S) TO BE PERFORMED DAY WK. OTHER Carpeted floors Vacuum open areas X Remove spots & gum X Detail Vacuum X High Traffic Public X General Shampoo (dry, foam, extract) 3X yr. Resilient/Hard flooring Sweep (or vacuum) & dust mop X Remove spots & gum X Buff or burnish X Strip old finish; apply new finish/seal 3X yr. Wet/mop X Concrete floors Sweep (or vacuum) & dust mop X Remove spots & gum X Wet mop X Machine scrub w/detergent&rinse X 3X yr. (entries & corridors) Exterior Approaches (curb to Sweep & remove litter X front doors) Wet clean spills, bird drops, gum, etc X Empty & clean ashtrays/trash X Entry door/ glass Clean both sides/dry frames X Windows Clean both sides/dry frames. 4X yr. • Spot clean windows. X Office/partition glass Spot clean X Clean both sides/dry frames X Drinking fountains Clean w/germicide, dry, polish X Wall decor items Remove dust X Coat Racks Remove dust& spots X Office equipment(computers, Remove dust and wipe X monitors, desktop equipment) Upholstered furniture Vacuum upholstery and dust/wipe X other surfaces Nonupholstered furniture Spot clean, dust and wipe all surfaces X Appliances and vending Spot clean, dust and wipe all surfaces X machines Microwave ovens Clean and wipe interior and exterior X 16 OFFICES, COMMON AND PUBLIC AREAS (Cont.) ITEMS TO BE CLEANED TASK(S)TO BE PERFORMED DAY WK. OTHER Light diffusers Remove dead insects & other soils 3X yr. Wash, rinse & dry IX yr. HVAC vents Vacuum screened vents and louvers. X Wash,rinse & dry 2X yr. Dry dust surface X Plant containers Remove dust& damp wipe spots X Public telephones Clean handset w/germicide & X polish metal surrounds Chalkboards & Trays Remove dust from trays & erasers X Wash entire board surface. Do not X remove any writing on board. Dry marker boards Clean all surfaces. Clean board 1X mo. surface with compatible cleaner. Do not remove any writing on board. TV/VCR equip. carts Feather dust around controls X Trash Receptacles Empty (re-line if soiled) &reposition X Damp wipe to remove spots & soil X Wash interior& exterior with 1X mo. germicide Recycle receptacles Empty into properly labeled container X 1 or bins. Blinds Remove dust X Full cleaning (damp wiping of both 3X yr, sides). Draperies Vacuum to remove dust 2X yr. Desks 8& Work surfaces Remove dust (feather duster only) X Clean&polish(upon request) File Cabinets Remove dust& damp wipe to remove X spots Shelving Remove dust(feather duster only) X Light Switches Spot clean switches and marks around X switches 17 Mesquite Wood floors Mist with cleaning solution and sweep X (excluding the Recreation with dust mop center gym floor, aerobics room floor and fitness area rubber matting.) Library/Rec Center Art Pieces Clean and polish IX month City Hall art piece Clean and polish 1X year Stone art pieces Coat with solution and rinse 1X year Recycle Carts Place outside and return the next day X Transaction windows (Utility Clean X Billing, Municipal Court) Council Chambers, clean exposed duct work, high 1X per ceilings, and accent lighting year SECTION 3 CLEANING STANDARDS It 18 STANDARDS The following standards will be used to determine the quality of services being provided. A. COMMON AREAS (including break rooms and restrooms) 1. Lobby and entrance floors should be clean and free of dirt streaks, and there should be no dirt remaining in corners, behind doors or where the dirt was picked up with the dustpan after the housekeeping operation. Floors should be free of loose and/or caked dirt particles and should present an overall appearance of cleanliness. 2. Wall surfaces should be free of finger marks, smudges and other dirt spots of any kind. 3. Walls, baseboards and other surfaces should be free of watermarks, scars from the cleaning equipment striking the surfaces, and splashing from the cleaning solution and rinse water. 4. Door knobs, push bars, kick plates, railings, doors and other surfaces should be clean and polished to an acceptable luster. 5. All drinking fountains should be clean and free of stains. The wall surfaces and floor around the drinking fountains should be free of water spots and streaks. 6. Stairwells, landings, steps and all corners of stair treads should be free of loose dirt or dust streaks. 7. Stair railings, fire extinguishers, door moldings, ledges, radiators, louvers, and grills should be dust free. 8. Glass surfaces should be clean and free of any smudges, finger marks, and dirt. 9. Lounge areas and conference rooms: tables should be clean and free of smudges, finger marks, cup rings and other soilage. Chairs should be clean and free of dust or debris: 10. Lounge areas and conference rooms: floors should be free of dirt and debris. 11. Chairs and other furniture should be left in a neat, orderly condition. 12. Wads of gum, tar, and other sticky substances will have been removed. 13. Ashtrays and sand urns should be clean, fresh sand, odor free and all debris removed. 14. Floor and entry mats (including exterior matting) should be clean and free of debris. Mats must be scheduled for extraction periodically to assure a lasting appearance and to aid in prolonging of the life expectancy mats. 15. Light fixtures should be free of dead insects and other dirt. 16. Vents and grills must be free of soot, dust, cobwebs and other debris. 17. All mopped areas will be clean and free from dirt, streaks, mop marks, and strands, etc.; properly rinsed and dry mopped for an overall appearance of cleanliness. 19 18. When waxing floors, the wax will be applied thinly, uniformly, and evenly in such a manner as to avoid skipping of areas, and allowed to dry properly before being polished. The wax will not flow under adjacent doors, and if so, it will be removed and/or cleaned. The waxed area will be free of streaks, skipped areas, and other evidence of improper wax application. 20 B. OFFICE AREAS 1. All wastepaper baskets should be empty and in place; clean and ready for use. Liners will be inserted as required. 2. Trash should not be left on floor. 3. Corners and crevices should be free from any dust. 4. Windowsills, door ledges, door frames, louvers, window frames, baseboards, ledges and flat surfaces should be free of dust on any surface. 5. Woodwork, after being properly dusted, should appear bright. 6. There should not be any oily spots or smudges on walls, caused by touching them. 7. There should not be any dust streaks on desks or other office equipment. 8. There should not be any dirt left in corners, under furniture, or behind doors. 9. There should be no trash or foreign matter under desks,tables or chairs. 10. Baseboards, furniture and equipment should not be disfigured or damaged during the cleaning operation. 11. Furniture and equipment moved during sweeping should be replaced. 12. All items in offices, including chairs, machines, calendars,pictures, phones, and wastebaskets are to be left in their original locations. Office equipment such as computers, radios, televisions, telephones, tape recorders, etc. are not to be used by cleaning personnel. 13. Items marked"TRASH" which are not in trash cans, are to be removed. Unmarked items are not to be removed. C. RESTROOMS 1. All trash cans should be empty and liners inserted as required. 2. All sanitary receptacles should be clean, both inside and outside, and contain a new bag liner. 3. No trash should be on the floor. 4. The bags containing collected contents of the sanitary receptacles must be deposited in a proper container and removed. 5. All dispensers of supplies should be clean and filled with the proper supplies(towels, soap, napkins, etc.) 21 6. All mirrors should be free of streaks, smudges, water spots, dust and lipstick and should not be cloudy or hazed in appearance. • • • I E I € 22 7. All supply dispensers should be clean and free of finger marks and water spots. 8. All shelves and shelf brackets should be free of gum, dust, fingerprints, water stains, smudges and other soil. 9. All porcelain surfaces of wash basins, toilets and urinals should be free of dust, dirt, spots and stains. 10. The wall surfaces should be free of spots and smears. Wall surfaces will be uniformly clean all over. 11. All toilet seats should be left in raised position after cleaning. They should be free of spots and stains, and the seat hinges should be free of green mold. 12. The plumbing fixtures should be free of green mold and water stains. 13. Walls, stall partitions, and doors should be free of hand marks, dust, pencil marks, lipstick smudges, water streaks,mop marks, green mold and graffiti. 23 SECTION 4 SUPPLIES &EQUIPMENT 24 SUPPLIES & EQUIPMENT A. SUPPLIES AND MATERIALS 1. The contractor shall furnish all necessary cleaning supplies and materials as may be required to perform the cleaning assignments outlined in these specifications. All supplies and materials shall be of the highest quality and subject to the approval of the City's representative. The contractor will not use any cleaning agent, chemical or other material which is deemed harmful or unsuitable for the purpose intended. Contractor shall furnish plastic trashcan liners, bags for soiled sanitary napkins, plastic bags used for the collection of trash, floor pads, etc. 2. The contractor shall furnish toilet tissue, paper towels, hand soap, urinal screens, air freshener canisters, liners, and all other related items and consumables. Products used will be equal to or equivalent to the products on site at the beginning of the contract and subject to the approval of the City's representative. 3. The contractor shall furnish floor finish, strippers, wax, buffing compound, and all related equipment and products to maintain all hard& resilient floors in a proper manner, 4. Contractor will be responsible for the neatness and proper storage of all equipment and chemicals subject to the approval of the City's representative. Contractor is required to supply all other items necessary to clean all areas in accordance with bid specifications. B. EQUIPMENT 1. The contractor shall furnish all cleaning equipment required to perform the cleaning assignments outlined in these specifications. Such equipment includes floor machines (i.e., high/slow speed), carpet cleaning machines (i.e., extractors & bonnet buffers w/tanks), industrial type vacuums (i.e., dual-motor & space vacuums), mop bucket wringer sets, wet/dry vacuums, portable vacuums and upholstery equipment. 2. The contractor will maintain said equipment in good, safe, working order and shall ensure that the equipment is clean and presents a good appearance. Equipment determined by the City's representative to be unacceptable will be removed and replaced immediately by the contractor. 3. Use of propane or gas powered equipment is prohibited. C. STORAGE 1. A secure space shall be assigned to the contractor for storage of all supplies and equipment. The contractor shall be responsible for keeping the space in good order. 2. The City shall not be held responsible for damages to the contractor's stored supplies and equipment or personal belongings of the contractor or contractor's personnel, caused by fire, theft, accidents,natural disasters or any other incident. 25 1 1 3. The contractor shall not store combustible materials at any time within City facilities. Any/all combustible materials or chemicals must be stored within a fire proof cabinet and appropriately grounded. I - j 26 SECTION 5 WORK PROCEDURES 27 WORK PROCEDURES: A. SUPERVISION 1. The contractor or an authorized representative shall oversee all work performed under this contract on a daily basis. 2. The contractor or authorized representative will be available to receive messages or other information pertinent to the successful completion of the assigned work. Open communication with the City's representative shall be maintained. 4. The contractor will provide adequate supervisory structure to ensure the direction of cleaning employees and ensure quality standards are met. 5. All personnel provided shall be appropriately supervised and directed by trained and qualified supervisors. 6. All supervisory and lead personnel must have previous experience working within a work environment similar to that of the City of Wylie. B. SCHEDULING 1. The contractor shall schedule all required work so as not to interfere with City operations. 2. Variances in schedules shall require prior approval of the City's representative. 3. The contractor shall submit a monthly report of project work completed to the City's representative. This report shall contain details of carpet cleaning, hard surface floor refinishing, window washing, blind washing, and other similar tasks. C. RECYCLING PROGRAM It is the initiative of the City of Wylie that the on-going recycling program be in effect at all times. The following process is currently in effect and must be diligently adhered to by all contractual personnel. 1. Recycling collection will primarily consist of taking polycarts outside to place at the curb and returning them the next day. This occurs one time per week. 2. Recycling materials must be disposed of separately from regular"trash waste"utilizing the recycling polycarts and dumpsters located at various buildings. 3. Regular"trash waste" will be placed daily into the appropriate dumpster located at each facility. 28 SECTION 6 QUALITY CONTROL EEE 29 QUALITY CONTROL: A. INSPECTIONS 1. Inspections of all contracted locations will be made by the City's authorized representative(s) on a regular basis. 2. The contractor shall agree to participate in scheduled inspections with the City's representative(s). Wherever applicable,the departmental liaison will also participate. B. ASSESSMENT OF WORK 1. Standards used to assess the quality of work performed are outlined in SECTION 3. 2. Work which fails to meet expected standards will be brought to the attention of the contractor. The contractor will then be requested to correct the problem. Failure by the contractor to take corrective actions within twenty-four hours will result in the work being done by others and costs charged to the contractor. Emergencies will require same day response. 3. The contractor or authorized representative shall provide daily on-site supervision and quality control on a five (5) days per week basis. 4. Failure to provide a satisfactory level of services will result in a credit adjustment. City reserves the right to determine the credit adjustment. 30 SECTION 7 PERSONNEL 31 PERSONNEL A. EMPLOYEES 1. The contractor shall employ competent, qualified workers who are capable of performing the required services. All personnel provided shall be appropriately supervised and directed by trained, qualified supervisors. Contractor needs to identify to City staff at least one contractor employee per shift who is able and accessible to read, comprehend, and communicate fluently in English both orally and in writing. 2. The contractor shall employ individuals who are citizens of the U.S. or who have proof of right-to- work status. The contractor shall be in compliance with all federal and state immigration laws. 3. The contractor shall not assign duties at any City facility to any individual who, within the preceding five years has been convicted of any felony or convicted of any misdemeanor involving theft, embezzlement or fraud. 4. The contractor shall maintain a roster of employees, their work assignment and their home address and phone number. It shall be the responsibility of the contractor to keep the employee roster current. 5. The contractor shall ensure that his/her employees do not bring children, or any other guest, to work with them in any City facility. 6. The contractor shall ensure that all his/her employees shall observe all City codes and ordinances governing City employees conduct when on city premises. 7. In the event that City shall deem any employee as unacceptable or unsatisfactory, contractor shall remove such employee from the work force and shall supply a suitable replacement therefore. D. IDENTIFICATION 1. Employees of the contractor shall be required to display a City of Wylie ID badge at all times while on duty in any City facility. The ID badge shall include a photograph of the employee, the employees name and the name of the company he/she represents. Any contractor employee who is not displaying their ID badge will not be al lowed to work in any City facility. 2. The contractor's employees shall be required to wear a distinctive uniform. This uniform must consist of a shirt bearing the company's name or logo. a. Uniforms, whether shirts or full uniforms, shall be the same for all employees. b. Contractor's employees are expected to comply with the following guidelines: ** All clothing should be clean, in good repair, pressed and of appropriate size. ** Clean uniforms are to be worn daily. ** Shirts are to be properly buttoned and tucked into pants. ** Headbands, shower caps, etc., are not permitted. 32 ** NO open-toed shoes, sandals,thongs, or other casual or lounging footwear are permitted. ** Smoking is not permitted in any City building. ** Radios of any kind (except for 2-way devices) are not to be used during the performance of job duties. This applies to earphone type radios and tape players. 3. City of Wylie policies prohibits discrimination based upon race, color, national origin, marital status, age, sex or other non-merit factors. The contractor shall adhere to all applicable Equal Employment Opportunity policies and laws. C. PRE-EMPLOYEMENT SCREENING Criminal History Check The contractor must provide the City with the full legal name, maiden name if applicable, social security number and legal address of employees working in City facilities. Prior to the initial contract term, the custodial contractor will provide the City with a complete criminal history for all full-time or part-time contract personnel, and for newly-assigned employees, no later than 10 days after the employee begins work. No contractor employee will be permitted to work if the criminal history reveals conviction of a felony or crime of moral turpitude. F{f 33 SECTION 8 SAFETY/SECURITY 34 SAFETY/SECURITY A. SAFETY 1. The contractor shall take all necessary precautions to ensure the safety of all persons located in contracted buildings, during the performance of the work. 2. The contractor shall ensure that his/her employees shall comply with all safety regulations and shall observe relevant safety practices at all times while performing the work. 3. Contractor shall provide current Material Safety Data Sheets (MSDS) for all chemicals used in each building. MSDS sheets shall be in plastic sleeves (one for each product) and will remain at each chemical storage location in a wall-mounted receptacle clearly marked for the purpose. 13. SECURITY 1. The contractor will be issued keys to each location. The contractor shall not copy any key issued by the City. If additional keys are required, the contractor shall make a written request to the City's representative. Lost keys are to be reported immediately to the City's representative. The contractor will be liable for costs of re-keying locks, should keys issued to the contractor be lost. 2. The contractor shall be responsible for maintaining security during the time the work is being performed. Doors, gates, or any other means of ingress and egress shall be locked at all times after the close of normal business hours. 3. The contractor shall be responsible for ensuring that each location is secured following the completion of the work. 4. Wherever applicable, the contractor shall ensure that alarm systems are properly reset following the completion of the work. 5. Items requiring maintenance attention (burned out lights, toilet stoppages, leaks, structural damage, etc.) shall be reported to the City's representative in writing (fax or email) within one business day of being discovered. The report shall indicate the nature of the maintenance needed, the location, and the time the fault was discovered. 6. "Lost and Found" articles are to be turned in to the City's representative. 7. In the event of a reported theft in any contracted building, the contractor and his/her personnel will be expected to cooperate fully in any investigation conducted by City personnel. Such investigations may include the use of polygraph examinations. The Contractor will provide interpreters (when necessary) to expedite the investigations. 8. The contractor shall instruct his/her staff to report any suspicious activity in and around City buildings. 35 SAFETY & SECURITY RULES OF CONDUCT WITHIN CITY JAIL, POLICE, and COMMUNICATIONS SAMPLE FORM 1. PURPOSE: To enhance the safety and security of Custodial Staff, Jail Staff, and Prisoners. 2. ENTRY INTO JAIL AREA: The only reason for custodial personnel to enter into the Jail/Book-In area is for completion of required cleaning and sanitizing duties. 3. SUPERVISION: Custodial workers are accountable to Jail staff supervision and authority while in the Jail and Book-In area. 4. SPECIFIC BEHAVIOR: DO NOT communicate verbally or in writing with any prisoner DO NOT give any prisoner any object, item, or article for any reason at any time. DO keep your person and your equipment well away from and out of the way of prisoners and Jail staff, DO maintain control of ALL your tools, keys, and equipment, well away from the reach of all prisoners. DO obtain clearance from Jail staff prior to beginning your work, especially wet mopping. 5. GENERAL: Custodial workers should never loiter or linger in or around Police working areas for purposes of eavesdropping on conversations, reading papers exposed on desks or to observe. Police activities. In addition, custodians should cease cleaning activities immediately when requested to do so by Police or communications staff. The work should resume only after consent has been given to do so. SAMPLE Supervisor Signature Date SAMPLE Employee Signature Date NOTE: AWARDED VENDOR/EMPLOYEES WILL BE REQUIRED TO COMPLETE THIS FORM. 36 SECTION 9 BID SUBMITTAL CUSTODIAL SERVICES Facility Monthly Base Bid, Night Service Alternate Bid, 2 hour Day Porter City Hall Service Center Animal Shelter Public Safety Building Community Center Library Recreation Center Total Monthly Bid SUPPLIES Bidder shall attach a current price list of commonly used consumable supply items. This price list is for evaluation and comparison of contractors' typical supply costs and does not constitute a bid. Contractor shall provide all custodial supplies at cost plus per cent (Specify mark-up, if any.) CONTRACTOR NAME: ADDRESS & TELEPHONE NUMBER: AUTHORIZED SIGNATURE & TITLE: 37 Exhibit "B" • BID SUBMITTAL [2 Page] • AGREEMENT FOR CUSTODIAL SERVICES Page 8 602144.1 SECTION 9 BID SUBMITTAL CUSTODIAL SERVICES �. Facility Monthly Base Bid,Nicht Service Alternate Bid,2 hour Day Porter City Hall f °1/ °''° Service Center Animal Shelter /CPO Public Safety Building „.` • Community Center L S Library J., d6 Recreation Center 0/) , 63 Total Monthly Bid _ �. 4/ 1 l. � � SUPPLIES Bidder shall attach a current price list of commonly used consumable supply items. This price list is for evaluation and comparison of contractors' typical supply costs and does not constitute a bid. Contractor shall provide all custodial supplies at cost plus .37 per cent(Specify mark-up,if any.) CONTRACTOR NAME: ' 'om ,; ei.,ez ,era /r✓G e ce ADDRESS & TELEPHONE NUMBER: - e , �' 7 2 35 AUTHORIZED SIGNATURE& TITLE; f G,12 37 Consumable Supply Items 7 { Kllli! 04460-01 toilet tissue 5501r180r11cs 46.58 SCA MBS40A rn-fold towel 2501pk 16pklcs 19.00 GAP 21424 facial tissue 100/bx 30bxics 16.41 4048 liner 12mic 250/cs 22.44 2433 liner 8mic 1000/cs 25.11 3858 liner 0.65mi1251r1 8rllcs 20.88 KIM 91300 lotion soap 4g/cs 28.33 IMP 1525 disposable urinal floor mat 6/cs 39,66 AFF RTB350 roll towel white 7-718 *350 12/cs 21.35 VES AERo-16 aerosol 3000 12/cs 38.22 HSP HS-6141 waxed paper 9*10*3-114 250/cs 16.00 HSP HG-5000 seat cover 250/pk 20pk/cs 34.00 7 Wylie City Council AGENDA REPORT CITY OF VVY IE Meeting Date: December 13, 2011 Item Number: 1. (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: November 03, 2011 Budgeted Amount: Exhibits: 5 Subject Hold a Public Hearing and consider, and act upon amending Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self-Storage)uses throughout the city. ZC2011-08 Recommendation Motion to approve amending regulations to Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self-Storage) uses throughout the city. ZC2011-08 Discussion At the September 27, 2011 meeting, Council directed staff to pursue amending the regulation of Mini- warehouse uses within Light Industrial (LI) Districts. As adopted by Ordinance Number 2007-04 Mini- warehouse (Self Storage uses are allowed by right within the LI and Heavy Industrial zoning districts and requires an SUP within Corridor Commercial zoning districts). With the abundance of mini-warehouse facilities throughout the city, staff is proposing to minimize such uses in the future. Although the intent of this proposed amendment is not to prevent entrepreneurship, it is to put safeguards in place that discourages an over-abundance of same type uses and prevent the likelihood of failed businesses and empty facilities. The re-use of mini-warehouse self-storage type facilities is very limited. The Light Industrial (LI)District as stated in the Philosophy of the Comprehensive Land Use Plan includes less- intensive assembly, warehousing and distribution of products, as well as people-based office-oriented operations and even intensive commercial activity. Mini-warehouse uses are not considered to be a major traffic generator and do not fit into the category of the three commercial type uses (Commercial Corridor, Community Retail and Neighborhood Services) as defined by the Zoning Ordinance. Ordinance No. 2007-04 was adopted to allow with an SUP within the CC District and allowed by right within the LI and HI Districts and prohibited the subject use within the CR District. Various tracts throughout the city have been rezoned to Light Industrial which by current ordinance would allow the use by right. There has not been a proposal submitted specifically for mini-warehouse uses since October 2006 (Victoria Place Subdivision). That site plan has expired. Page 1 of 2 Page 2 of 2 Currently there are at least 9 actively operating mini-warehouse (Self-Storage) facilities within the 75098 zip code. These facilities are within approximately a 3 mile radius of Wylie's major intersection of S.H. 78 and F.M. 544 (EXHBIT "B"). According to available data within the Reference USA databases there are over 130 business listings categorized as Storage-Household & Commercial, Warehouses-Commodity & Merchandise and/or Warehouses-Private& Public uses within a 10 mile radius of S.H. 78 & F.M. 544. (Exhibit "C"). Planning Commission Discussion The Commission discussed and voted to recommend that Section I.WHOLESALE, DISTRIBUTION & STORAGE be amended to reflect Mini-warehouse (Self-storage) be allowed only with an SUP within Light Industrial and Heavy Industrial Districts, and prohibited in all other districts. Text Amendments are only required to be notified 15 days prior to the public hearing in the official newspaper of the City. This requirement has been met. The Commission voted 6-0 to recommend approval of the proposed amendment. Approved By Initial Date Department Director RO 11/07/11 City Manager II II 1 - -11 «� I_EtW EXHIBIT "A" Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed Uses Residential Residential Residential AG/30 SF-1A/ SF-20/ SF-10/ TH MF MH I. Wholesale,Distribution NS CR CC BG L I H I DTH SBO 30 26 24 &Storage 1. Auto Auction S 2. Contractor's Maintenance P* P P Yard 3. Freight Terminal P 4. Landfill S 5. Livestock Auction Pens or S Sheds rr ' -s- Ste- S� 7. Office S P P P* P Showroom/Warehouse 8. Outside Storage P P 9. Recycling Collection Center S S S P 10. Warehouse/Distribution S P Center P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit x`x ARTICLE 5: USE REGULATIONS h16 !pi EXHIBIT "B" Mini-Storages within 3 Mile Radius of SH 78 & FM 544 mil Record -Llurople Re-cork5 --------- --,r-----Pr--,'.---N -- ------------------------7---- - *4 St.-el '11 Saleade 1 1,4414V v le . . 1 4- '% - ' 11 if rg-tttewy F El ,A A-A,A AAA AAAAAAAoAAA , , „AA,- f , LIKAS 4,„ 444 4 '''4,4 ,,i4444 4,4 ', .,.•'4444.,,,t ', •.,.,.,44,44*-,44,,,,, l'- - 41,2, LA" t= 4 ASO ' mu Plano . ' .„..... , ,,......., C:3 :14 C --'-'- o-4,* /id:lard-3On ..'!' R - " A , , C1-0A AAAAAAAAA ''Av"'AA' GarlandGo at EXHIBIT "B-1 " Mini-Storages within 3 Mile Radius of SH 78 & FM 544 Company Name Address ZIP Code Primary SIC Code Primary SIC Description Square Footage A A Assured Storage LTD 440 N Ballard Ave 75098 422503 Storage-Household &Commercial 40,000+ Actions Self Storage 3825 Parker Rd 75098 422503 Storage-Household &Commercial 40,000+ Branchwood Storage 75098 422503 Storage-Household &Commercial 40,000+ Central Self Storage 2802 W Fm 544 75098 422503 Storage-Household &Commercial 40,000+ Country Club Storage 2744 Fm 1378 75098 422503 Storage-Household &Commercial 40,000+ Great American Storage-Wylie 3475 W Fm 544 75098 422503 Storage-Household &Commercial 40,000+ Lavon Self Storage 3151 Parker Rd 75098 422503 Storage-Household &Commercial 40,000+ Marshall Boat& Rv 3770 Parker Rd 75098 422503 Storage-Household &Commercial 40,000+ Platinum Storage 4028 N Highway 78 75098 422503 Storage-Household &Commercial 40,000+ Storage Space 1221 S Highway 78 75098 EXHIBIT "C" Surrounding Cities 10 mi. radius of SH 78 & FM 544 Map Legend -Single Record -Multiple curd ",:lis,, ,diil , � Iiit Hyt 41d ` T ii coalossale .ib Tom Bean: , it ,,,linik*ii,A, „ p it e'w ' 1 e � Tren s € ,1� Gam f Pe.pne,r,„d.,,,,,,,,„:1„:,,,, vN, dee C: ." Ada. etk4 Morey Celina . metope grim ,, Commerce rt Mc , l �� e `The cry ,,,,,,,,Iy„,,,,,,„, ,,:i„,,,,,,,i,k,....,,k,k ,k,,..„,,,,,,,,,,,, ..iicall litro.k, caddo, mals. , :°7,,,e,r,,,,,:,,,7,17I'vitle: camPb'ell --- ''''''' -' Lone,r On rrOnsk t = , � 4n� r � and `OCk� , �lr rt - \ ' w*k i s �� 1 � i i 1W kik,i 5� ° 1 iI e, Radom city ,", °� Un t .,'"xG � �� -, , Terrell GG �" lrH" ta .Wiper r we ? Hill 0 ild Camp Brix • Red Oak ; 0 EXHIBIT "C-1 " Surrounding Cities 10 mi. radius of SH 78 & FM 544 Company Name City ZIP Code SIC Code 1 SIC Code 1 Description Square Footage Attic Self Storage Allen 75002 422503 Storage-Household &Commercial 40,000+ Extra Space Storage Allen 75002 422503 Storage-Household &Commercial 40,000+ Friendly Self Storage Allen 75002 422503 Storage-Household &Commercial 40,000+ Attic Self Storage Allen 75002 422503 Storage-Household &Commercial 40,000+ Extra Space Storage Allen 75002 422503 Storage-Household &Commercial 40,000+ Friendly Self Storage Allen 75002 422503 Storage-Household &Commercial 40,000+ Parker Road RV& Boat Storage Allen 75002 422503 Storage-Household &Commercial 2,500-9,999 Store More! Self Storage-Allen Allen 75002 422503 Storage-Household &Commercial 40,000+ Public Storage Dallas 75214 422503 Storage-Household &Commercial 40,000+ Extra Space Storage Dallas 75218 422503 Storage-Household &Commercial 40,000+ Extra Space Storage Dallas 75218 422503 Storage-Household &Commercial 40,000+ Public Storage Dallas 75218 422503 Storage-Household &Commercial 40,000+ SRSSS Dallas Warehouse Dallas 75218 422506 Warehouses-Private& Public 40,000+ White Rock Self Storage Dallas 75218 422503 Storage-Household &Commercial 40,000+ Access Self Storage Dallas 75228 422503 Storage-Household &Commercial 40,000+ Alamo Self Storage Dallas 75228 422503 Storage-Household &Commercial 40,000+ Assured Self Storage Dallas 75228 422503 Storage-Household &Commercial 40,000+ Public Storage Dallas 75228 422503 Storage-Household &Commercial 40,000+ Uncle Bob's Self-Storage Dallas 75228 422503 Storage-Household &Commercial 40,000+ Uncle Bob's Self-Storage Dallas 75228 422503 Storage-Household &Commercial 40,000+ A-American Self Storage Dallas 75231 422503 Storage-Household &Commercial 40,000+ Abrams Skillman Storage Dallas 75231 422503 Storage-Household &Commercial 40,000+ Extra Space Storage Dallas 75231 422503 Storage-Household &Commercial 40,000+ Extra Space Storage Dallas 75231 422503 Storage-Household &Commercial 40,000+ Public Storage Dallas 75231 422503 Storage-Household &Commercial 40,000+ S S 24 Hour Community Storage Dallas 75231 422503 Storage-Household &Commercial 40,000+ Security Self Storage Dallas 75231 422503 Storage-Household &Commercial 40,000+ Shurgard Storage Ctr Dallas 75231 422503 Storage-Household &Commercial 40,000+ U-Haul Moving&Storage Dallas 75231 422503 Storage-Household &Commercial 2,500-9,999 U-Haul Neighborhood Dealer Dallas 75231 422503 Storage-Household &Commercial 2,500-9,999 U-Haul Neighborhood Dealer Dallas 75231 422503 Storage-Household &Commercial 2,500-9,999 EXHIBIT "C-1 " Surrounding Cities 10 mi. radius of SH 78 & FM 544 Company Name City ZIP Code SIC Code 1 SIC Code 1 Description Square Footage Uncle Bob's Self-Storage Dallas 75231 422503 Storage-Household &Commercial 40,000+ Attic Self Storage Dallas 75243 422503 Storage-Household &Commercial 2,500-9,999 Forest Central Self Storage Dallas 75243 422503 Storage-Household &Commercial 40,000+ Attic Self Storage Dallas 75243 422503 Storage-Household &Commercial 2,500-9,999 Forest Central Self Storage Dallas 75243 422503 Storage-Household &Commercial 40,000+ Public Storage Dallas 75243 422503 Storage-Household &Commercial 40,000+ Public Storage Dallas 75243 422105 Warehouses-Commodity& Merchandise 40,000+ Public Storage Dallas 75243 422503 Storage-Household &Commercial 40,000+ Tri-S Co Dallas 75243 422503 Storage-Household &Commercial 40,000+ U-Lock-It Dallas 75243 422503 Storage-Household &Commercial 40,000+ Uncle Bob's Self-Storage Dallas 75243 422503 Storage-Household &Commercial 40,000+ Watson Taylor Storage-LBJ Dallas 75243 422503 Storage-Household &Commercial 40,000+ A Mini Warehouse Garland 75040 422503 Storage-Household &Commercial 40,000+ Assured Self Storage Garland 75040 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Garland 75040 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Garland 75040 422503 Storage-Household &Commercial 40,000+ Garland Self Storage Garland 75040 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Garland 75040 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Garland 75040 422503 Storage-Household &Commercial 40,000+ Garland Self Storage Garland 75040 422503 Storage-Household &Commercial 40,000+ Public Storage Garland 75040 422503 Storage-Household &Commercial 40,000+ U-Haul Moving&Storage Garland 75040 422503 Storage-Household &Commercial 2,500-9,999 U-Stor Self Storage Garland 75040 422503 Storage-Household &Commercial 40,000+ Al Absolute Self Storage Garland 75042 421401 Movers 40,000+ Al Absolute Self Storage Garland 75042 422503 Storage-Household &Commercial 40,000+ Access Self Storage Ctr Garland 75042 422503 Storage-Household &Commercial 40,000+ Lone Star Self Storage-Shiloh Garland 75042 422503 Storage-Household &Commercial 40,000+ Rod Bell &Assoc Inc Garland 75042 422503 Storage-Household &Commercial 40,000+ U-Stor Self Storage Garland 75042 422503 Storage-Household &Commercial 40,000+ U-Store&Save Garland 75042 422503 Storage-Household &Commercial 40,000+ Union Acceptance Co Garland 75042 422506 Warehouses-Private& Public 40,000+ EXHIBIT "C-1 " Surrounding Cities 10 mi. radius of SH 78 & FM 544 Company Name City ZIP Code SIC Code 1 SIC Code 1 Description Square Footage Watson Taylor-Garland Garland 75042 422503 Storage-Household &Commercial 40,000+ All American Self Storage Garland 75044 422503 Storage-Household &Commercial 40,000+ Apollo Mini Storage&Offices Garland 75044 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Garland 75044 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Garland 75044 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Garland 75044 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Garland 75044 422503 Storage-Household &Commercial 40,000+ Metro Self Storage Garland 75044 422503 Storage-Household &Commercial 40,000+ North 77 Storage Garland 75044 422503 Storage-Household &Commercial 40,000+ Uncle Bob's Self-Storage Garland 75044 422503 Storage-Household &Commercial 40,000+ Aadvantage Self Storage Garland 75048 422503 Storage-Household &Commercial 40,000+ Bee Line Storage Lavon 75166 422503 Storage-Household &Commercial 40,000+ Hardcastle Self Storage Lavon 75166 422503 Storage-Household &Commercial 40,000+ Lake Lavon Storage LLC Lavon 75166 422503 Storage-Household &Commercial 40,000+ Bee Line Storage Lavon 75166 422503 Storage-Household &Commercial 40,000+ Hardcastle Self Storage Lavon 75166 422503 Storage-Household &Commercial 40,000+ Lake Lavon Storage LLC Lavon 75166 422503 Storage-Household &Commercial 40,000+ U-Haul Neighborhood Dealer Lavon 75166 422503 Storage-Household &Commercial 2,500-9,999 380 RV& Mini-Storage Mckinney 75069 422503 Storage-Household &Commercial 10,000-39,999 Allen's Mini Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ Hilltop Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ Cubesmart Self Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ Hilltop Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ Mc Kinney Mini Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ Metro Self Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ Metro Self Storage Mckinney 75069 422503 Storage-Household &Commercial 40,000+ National Self Storage Mckinney 75069 422105 Warehouses-Commodity& Merchandise 40,000+ U-Haul Neighborhood Dealer Mckinney 75069 422503 Storage-Household &Commercial 2,500-9,999 EXHIBIT "C-1 " Surrounding Cities 10 mi. radius of SH 78 & FM 544 Company Name City ZIP Code SIC Code 1 SIC Code 1 Description Square Footage Store More! Self Storage Murphy 75094 422503 Storage-Household &Commercial 40,000+ Hargrove Self Storage Nevada 75173 422503 Storage-Household &Commercial 40,000+ Hargrove Self Storage Nevada 75173 422503 Storage-Household &Commercial 40,000+ AAA Public Storage Plano 75074 422503 Storage-Household &Commercial 40,000+ AAA Storage Depot Plano 75074 422503 Storage-Household &Commercial 40,000+ Alden Self Storage Plano 75074 422503 Storage-Household &Commercial 40,000+ Allied Van Lines Plano 75074 421401 Movers 10,000-39,999 Assured Self Storage Plano 75074 422503 Storage-Household &Commercial 40,000+ Assured Self Storage Plano 75074 422503 Storage-Household &Commercial 40,000+ Assured Self Storage Plano 75074 422503 Storage-Household &Commercial 40,000+ Assured Self Storage Plano 75074 422503 Storage-Household &Commercial 40,000+ Assured Self Storage Plano 75074 422503 Storage-Household &Commercial 40,000+ Plano Pkwy Self Storage Plano 75074 422503 Storage-Household &Commercial 40,000+ Plano Storage Station Plano 75074 422503 Storage-Household &Commercial 40,000+ Securlock Storage Ctr Plano 75074 422503 Storage-Household &Commercial 40,000+ Southfork Storage Solutions Plano 75074 422503 Storage-Household &Commercial 40,000+ Time Square Plano 75074 422506 Warehouses-Private& Public 40,000+ U-Haul Moving&Storage Plano 75074 422503 Storage-Household &Commercial 2,500-9,999 U-Haul Neighborhood Dealer Plano 75074 422503 Storage-Household &Commercial 2,500-9,999 Western Pacific Stge Solutions Plano 75074 422503 Storage-Household &Commercial 40,000+ American LED Signal Inc Plano 75094 422506 Warehouses-Private& Public 40,000+ AAA Boat& Rv Storage Princeton 75407 422503 Storage-Household &Commercial 0-2,499 C&C Storage Princeton 75407 422503 Storage-Household &Commercial 40,000+ Gilbert Self Storage Princeton 75407 422503 Storage-Household &Commercial 40,000+ C&C Storage Princeton 75407 422503 Storage-Household &Commercial 40,000+ Gilbert Self Storage Princeton 75407 422503 Storage-Household &Commercial 40,000+ A A At Buckingham Richardson 75081 422503 Storage-Household &Commercial 40,000+ A Mini Self Storage Richardson 75081 422503 Storage-Household &Commercial 40,000+ Buckingham Storage Richardson 75081 422503 Storage-Household &Commercial 40,000+ Couriers& Freight Inc Richardson 75081 422503 Storage-Household &Commercial 40,000+ Buckingham Storage Richardson 75081 422503 Storage-Household &Commercial 40,000+ EXHIBIT "C-1 " Surrounding Cities 10 mi. radius of SH 78 & FM 544 Company Name City ZIP Code SIC Code 1 SIC Code 1 Description Square Footage Couriers& Freight Inc Richardson 75081 422503 Storage-Household &Commercial 40,000+ Public Storage Richardson 75081 422503 Storage-Household &Commercial 40,000+ Public Storage Richardson 75081 422503 Storage-Household &Commercial 40,000+ Shurgard Of Audelia Richardson 75081 422503 Storage-Household &Commercial 40,000+ TMC Transportation Richardson 75081 421401 Movers 40,000+ U-Haul Neighborhood Dealer Richardson 75081 422503 Storage-Household &Commercial 40,000+ Uncle Bob's Self-Storage Richardson 75081 422503 Storage-Household &Commercial 40,000+ Wee Willie Warehouses Richardson 75081 422503 Storage-Household &Commercial 40,000+ All-American Self Storage Sachse 75048 422503 Storage-Household &Commercial 40,000+ Staples Storage Sachse 75048 422501 Storage 40,000+ U-Haul Neighborhood Dealer Sachse 75048 422503 Storage-Household &Commercial 2,500-9,999 Wylie City Council AGENDA REPORT CITY OF VVY IE Meeting Date: December 13, 2011 Item Number: 2. (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: December 7, 2011 Budgeted Amount: Exhibits: 4 Subject Hold a Public Hearing and consider, and act upon amending Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011-09 Recommendation Motion to approve amending regulations to Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011-09 Discussion The subject amendment is presented in an effort to better define "Pawnshops" and where they are located throughout the City. The current ordinance does not take into account the definition as used by the Finance Code of the Texas State Statutes. In accordance with Finance Code Chapter 371 § 211.0035 the governing body of a municipality shall designate pawnshops that have been licensed to transact business by the Consumer Credit Commissioner as a permitted use in one or more zoning classifications, and may not impose a specific use permit requirement or any requirement similar in effect to a specific use permit. Staff recommends that the current definition of Section F.2.F.18: a. Definition: Pawn Shop means a facility for loaning money on the security of personal property and the sale of unclaimed property. e. Additional Provisions:None be amended to read as follows: a. Definition:Pawn Shop means a facility licensed with the Consumer Credit Commissioner to loan money on the security of personal property and the sale of unclaimed property by a pawnbroker who is authorized to legally transact business in accordance with Chapter 371 of the Finance Code and as amended. e. Additional Provisions:Must be licensed in accordance with the Texas Finance Code Chapter 371, and as amended. Page 1 of 4 Page 2 of 4 Currently Pawnshops are allowed within Community Retail (CR), Commercial Corridor (CC), Light Industrial (LI), Downtown Historic (DTH) and South Ballard Overlay (SBO)Districts. In accordance with the Finance Code an original licensed pawnshop cannot be within two (2) miles from an existing licensed pawnshop. Furthermore, the relocation of a licensed pawnshop must be at least one (1) mile from an existing licensed pawnshop. Currently there are 2 pawnshops licensed to operate within the city of Wylie. One operating at 1000 N. Highway 78 (CC District) and the other in the process of opening at 104 S. Ballard Ave. (DTH District). According to available data within the Reference USA databases there are over 20 business listings categorized as Pawnbrokers, and/or Trading Posts within a 10 mile radius of S.H. 78 & F.M. 544 (Wylie's major intersection). (Exhibit "B"). New definitions shall include Section F.2.F: 25. Antique Shop (Inside Sales) a. Definition: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building. An Antique Shop is differentiated from a "Used Merchandise Store, Resale or Consignment Shop", in that it does not market common, contemporary used household goods, clothing or furnishes, rather it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiques (generally over 100 years old) from past eras. e. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (5) All sales and storage occurs inside. 26. Secondhand Goods a. Definition: Secondhand Goods means a facility and/or Dealer who purchases regulated property for the purpose of resale. Regulated property means any new or used: Electronic equipment; business machines; photographic equipment; power tools; musical instruments; firearms; jewelry; crafted precious metals; compact discs and cassette tapes; or Recreational sporting goods and equipment. e. Additional Provisions: All permitted districts: (1) SUP required in NS District. (2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94 of the City Code of Ordinances and as amended. (3) Outside displays are permitted only in areas designated on the site plan filed with the City. Page 3 of 4 (4) Outside placement of an item overnight is prohibited. (5) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (7) No outdoor display may be located in any portion of a parking lot. (8) Outside sales of merchandise are prohibited. 27. Used Merchandise/Resale Shop/Consignment or Thrift Store: a. Definition: An establishment that generally markets common, contemporary used household goods, clothing or furnishings on a straight "for sale" or consignment basis. This term includes a used merchandise store that is operated by a non-profit, charitable or religious organization. e. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. Planning Commission Discussion The Commission discussed and voted to recommend that Section F.2.F.18 (RETAIL, PERSONAL SERVICES & COMMERCIAL) be amended to reflect Pawnshop be allowed only within the Light Industrial District, and prohibited in all other districts. This proposal conforms and adheres to State Regulations regarding Pawnshops and Municipal authority. It was further decided that new uses be added to the Retail category to put in place safeguards to better define and separate antique shops, secondhand goods and used merchandise/resale shops from general merchandise uses. Text Amendments are only required to be notified 15 days prior to the public hearing in the official newspaper of the City. This requirement has been met. The Commission voted 6-0 to recommend approval of the proposed amendment. Approved By Initial Date Department Director RO 12/07/11 City Manager 1 - -1 1 EXHIBIT "A" SECTION 5.1 LAND USE CHARTS PLUM=Elm ?am,Res deaisia,Dir z Lgan; Hush'; .ldedatm-.ldfmr# 'h. en Resigmbal Comim:t al L-as esiict A. all 1 F 5P'-Icy SY-10, 11{3 6f &al F.lka Am,PrIt- r oc.Svc.S- 'S CR •C BG L I H I 1 ?$ N COM..,CONT. 14,.17:PERM1.Mercholidne a 5 P F P P Food.ir.Esgreater then 15 FLOM 1217ZAP,M.rit Center,. Drafour,End,or Balding 4 Matenals 15,.Household Equipueng Appliarge Repair P P P P P 17 MotorVehicle Dr4line. Shvion S P P P P F` P F` P P' P` Lilt SE-&'I.tllAS,Jy SREWICe L P* P Eir -the rice P* P' P* P* P* P* PA P* 22,."Frith, e€-'. Heavy Equrn eLt Tales,;ter tea or P Repan 23,.Vehicle Gras;'.Sales ¢ Seraare F' P 24. Beer&Wine Lka p p p. p, p� p* Sates 26.Sec Goods 5 p* eatermsat of Tint SECTION 5.2 LISTED USES F. Retail, Personal Service & Commercial Uses 18. Pawn Shop a. Definition: Pawn Shop means a facility licensed with the Consumer Credit Commissioner to loan money on the security of personal property and the sale of unclaimed property by a pawnbroker who is authorized to legally transact business in accordance with Chapter 371 of the Finance Code and as amended. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:Must be licensed in accordance with the Texas Finance Code Chapter 371, and as amended. EXHIBIT "A" F. Retail, Personal Service & Commercial Uses 25. Antique Shop (Inside Sales) a. Definition: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building. An Antique Shop is differentiated from a "Used Merchandise Store, Resale or Consignment Shop", in that it does not market common, contemporary used household goods, clothing or furnishes, rather it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiques (generally over 100 years old) from past eras. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (5) All sales and storage occurs inside. 26. Secondhand Goods a. Definition: Secondhand Goods means a facility and/or Dealer who purchases regulated property for the purpose of resale. Regulated property means any new or used: Electronic equipment; business machines; photographic equipment; power tools; musical instruments; firearms; jewelry; crafted precious metals; compact discs and cassette tapes; or Recreational sporting goods and equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof EXHIBIT "A" e. Additional Provisions: All permitted districts: (1) SUP required in NS District. (2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94 of the City Code of Ordinances and as amended. (3) Outside displays are permitted only in areas designated on the site plan filed with the City. (4) Outside placement of an item overnight is prohibited. (5) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (7) No outdoor display may be located in any portion of a parking lot. (8) Outside sales of merchandise are prohibited. 27. Used Merchandise/Resale Shop/Consignment or Thrift Store: a. Definition: An establishment that generally markets common, contemporary used household goods, clothing or furnishings on a straight "for sale" or consignment basis. This term includes a used merchandise store that is operated by a non-profit, charitable or religious organization. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Required Loading Spaces Area 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: (1) SUP required in NS District (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. EXHIBIT "B" .10 mile radius of S.F1, 78 & F 544 Map Legend. . II1 I -Single Record I -Multiple,Records . . ... . ..... .,,,i . . 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Me,,,, S CUlle '' :" Tell Hill F'''''''' h ey Tefrd 1,I.1.1P.Ii'4q,,.ril,17104,A.29.1.1.- „:-.--- " slicR6itint::: ,:;,?Reistros:wi....0,11:, .i..4..i :::::,...;„.1.; !;,:,..::r,7.;,.:,:: :*::,.!,:::,:."3:,!:::i.,!:7::: !!!!.S_..9In m ary , _ ,,,„.„,„,. ,,n„.vsm,,,,o7,,Fink '"'; lfliiifg RAIRtiviewiisoi ,,,,,iiii, .:„,...„.,,ii...i„, Pawnshops within I 0 Mile Radius Company Name City ZIP Code Primary SIC Code Primary SIC Description Square Footage Agency Trading Group Dallas 75214 533102 Trading Posts 0-2,499 Mayan Trading Dallas 75214 533102 Trading Posts 0-2,499 B J's Pawn Shop Dallas 75228 593229 Pawnbrokers 2,500-9,999 Big State Pawn Super Ctr Dallas 75243 593229 Pawnbrokers 2,500-9,999 Casa View Pawn Shop Dallas 75228 593229 Pawnbrokers 0-2,499 Cash America Pawn Dallas 75214 593229 Pawnbrokers 2,500-9,999 Cash America Pawn Dallas 75214 593229 Pawnbrokers 2,500-9,999 Cash America Pawn Dallas 75231 593229 Pawnbrokers 2,500-9,999 Cash Plus Pawn Dallas 75228 593229 Pawnbrokers 2,500-9,999 First Cash Pawn Dallas 75218 593229 Pawnbrokers 2,500-9,999 First Cash Pawn Dallas 75228 593229 Pawnbrokers 2,500-9,999 First Cash Pawn Dallas 75231 593229 Pawnbrokers 2,500-9,999 Bob's Pawn Shop Garland 75040 593229 Pawnbrokers 0-2,499 First Cash Pawn Garland 75042 593229 Pawnbrokers 2,500-9,999 Landers Pawn Garland 75040 593229 Pawnbrokers 0-2,499 Millers Jewelry& Pawn Garland 75040 593229 Pawnbrokers 0-2,499 Triple Cash Pawn Mckinney 75069 593229 Pawnbrokers 0-2,499 Plano Pawn Shop Plano 75074 593229 Pawnbrokers 2,500-9,999 Shoot&Whittle Pawn Inc Plano 75074 593229 Pawnbrokers 2,500-9,999 Top Cash Pawn Plano 75074 593229 Pawnbrokers 0-2,499 JDZ Trading Richardson 75081 533102 Trading Posts 0-2,499 Rockwall Pawn Rockwall 75087 593229 Pawnbrokers 2,500-9,999 Ahenfie Trading Enterprise Sachse 75048 533102 Trading Posts 0-2,499 Texas Dollar Pawn Wylie 75098 614101 Loans 2,500-9,999 Wylie City Council AGENDA REPORT CITY OF VVY IE Meeting Date: December 13, 2011 Item Number: 3. (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: December 7, 2011 Budgeted Amount: Exhibits: 8 Subject Hold a Public Hearing and consider, and act upon, amending the zoning from Commercial Corridor (CC) & Business Government(BG) District to Planned Development-Commercial Corridor(PD-CC)District located on the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 Recommendation Motion to approve amending the zoning from Commercial Corridor(CC) & Business Government(BG) District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 Discussion Owner: Richard Parker Applicant: PM Realty Group The subject property is located at the southwest corner of FM 544 and Sanden Boulevard. Consisting of three undeveloped separate tracts totaling approximately 33 acres, all but four acres are currently zoned Commercial Corridor(CC). The remaining four acres abutting F.M. 544 is zoned Business Government(BG). The property was annexed into the City in December 1995 and acquired CC zoning in June 2004. The above referenced four acre BG zoned tract was rezoned inadvertently in June 2008 in conjunction with a citywide rezoning initiative associated with municipal government properties. Located southwest of F.M. 544 and Sanden Boulevard intersection, the vacant 33 acre property abuts both roadways. A natural drainage channel runs northeasterly bisecting the property. The terrain gently slopes toward the channel in both directions. Other characteristics include native grasses and vegetation with no significant trees and/or tree canopies on the subject tract. Bayco Industries is immediately to the south, and is zoned LI and being used for industrial, light manufacturing and storage uses. Sanden Corporation, an industrial manufacturing & assembly campus is located to the east across Sanden Boulevard, and zoned Light Industrial. Property immediately to the west is WISD's practice fields (Wylie High School). The City's current Land Use Plan designates this area as open space Floodplain Overlay; however, since adoption of Comprehensive Plan, the owner has raised the property's elevation out of 100 year floodplain. The recent realignment of the flood zone is reflected on the zoning exhibit and no structures are planned for that area. The applicant is requesting to rezone the property to Planned Development-Commercial Corridor (CC) District to allow for a medical office campus. The initial phase (north of the natural channel) will consist of a two-story, Page 1 of 2 Page 2 of 2 51,878 square foot medical facility providing 24-hour emergency medical care, medical care specialties and auxiliary medical offices. Subsequent phases are shown as concept only and all final site plans shall require Planning& Zoning Commission approval. The applicant is requesting PD-CC zoning to conform to the following provisions as outlined in Exhibit "B" and all regulations of the Commercial Corridor District (CC) set forth in Article 4, Section 4.1 of the Comprehensive Zoning Ordinance are included by reference and shall apply herein subject to passage of ordinance related to this request. CONSIDERATIONS: Staff generally supports the applicant's provision to restrict certain uses within the proposed medical campus due to the overall vision for a medical campus' viability and desire for compatible and complimentary uses. Staff supports the applicant provisions associated with the Helipad uses and need for potential 24-hour emergency medical transport to and from facility to provide that service to the community. Staff supports the applicant's request for tilt-wall construction that is consistent with exterior elevations submitted and compliance with City's Building Code for structural, wind load and durability and visual qualities. Staff recommends maintaining the City's standard 10' X 20' parking spaces that would better accommodate the larger vehicles that are prevalent in the community. Twelve (12) notifications were mailed to property owners within 200 feet in accordance with State Law. As of December 29, 2011 two (2) responses favoring the request were received. Zoning request signs were provided and properly placed in accordance with Article 8, Section 8.1.3 Posting property for zoning changes. Planning Commission Discussion The Commission discussed altering the required 10' X 20' parking spaces and how it would affect the overall development and the effects it might have on future development. It was also discussed how this request differs from a similar request previously considered by the Commission. It was a general consensus that the previous use was retail/entertainment in nature whereas the subject request is medical and is typically a less intensive use. There was additional discussion on any precedence that might be set or unfairness. Staff reminded the Commission that the request was in the form of a Planned Development where innovative development projects are considered in a way that can assist in the implementation of the Comprehensive Plan as well as other development goals and services that provide a general benefit to the City as a whole. Commission voted 6-0 to recommend approval. Commissioner Smith was absent. Approved By Initial Date Department Director RO 12/07/11 City Manager 1 - -11 EXHIBIT "A" Legal Description of Site Record Descriptions are as follows: Tract 1 34.412 acres out of the Duke Strickland Survey,Abstract No. 841 and the Isaiah Clifton Survey, Abstract No. 193, City of Wylie, Collin County Texas and being described by deed recorded in Instrument 20081209001400140, Deed Records Collin, Texas. Save and Except a 2.791 acre tract and a 3.244 acre tract previously conveyed out of this tract and shown hereon. Tract 2 0.476 acres out of the Duke Strickland Survey,Abstract No. 841, City of Wylie, Collin County Texas and being described by deed recorded in Instrument 20081209001400130, Deed Records Collin, Texas. Tract 3 4.2256 acres out of the Michael Millirons Survey,Abstract No. 563, City of Wylie, Collin County Texas and being described by deed recorded in Instrument 20081209001400150, Deed Records Collin, Texas. Legal Description by this Survey: BEING a 32.876 acre tract of land situated in the Duke Strickland Survey,Abstract No. 841,the Michael Millirons Survey,Abstract No. 563 and the Isaiah Clifton Survey,Abstract No. 193, Collin County, Texas and being part of a called 34.412 acre tract of land described in deed to Parker/Scholz Properties, LTD, as recorded in Instrument 20081209001400140, Deed Records Collin,Texas,part of a called 0.476 acre tract of land described in deed to Parker/Scholz Properties, LTD, as recorded in Instrument 20081209001400130 of said Deed Records and part of a called 4.2256 acre tract of land described in deed to Parker/Scholz Properties, LTD, as recorded in Instrument 20081209001400150 of said Deed Records, said 32.876 acre tract being more particularly described by metes and bounds as follows: BEGINNNG at a 1/2-inch iron rod with cap stamped"RPLS 5686"found for the southeast corner of said 0.476 acre tract, said corner being in the west right-of-way line of Sanden Boulevard, a 55 ft. right-of-way at this point; THENCE South 86 degrees 35 minutes 29 seconds West,with the south boundary line of said 0.476 acre tract and the north boundary line of Lot 1, Bayco Addition, an addition to the City of Wylie, Texas,as recorded in Cabinet Q, Page 471, Plat Records, Collin County, Texas, a distance of 625.16 feet to a 1/2-inch iron rod with cap stamped "RPLS 5686"found for corner; THENCE Southwesterly, continuing with the northerly and westerly boundary lines of said Lot 1, Bayco Addition,the following courses: 1) South 85 degrees 03 minutes 44 seconds West, a distance of 172.03 feet to a 1/2-inch iron rod with cap stamped"RPLS 5686"found for corner; 2) South 45 degrees 54 minutes 07 seconds West, a distance of 66.37 feet to a 5/8-inch iron rod with cap stamped"RPLS 3949"found for corner; 3) South 65 degrees 28 minutes 44 seconds West, a distance of 122.74 feet to a 5/8-inch iron rod with cap stamped"RPLS 3949"found for corner; 4) South 83 degrees 44 minutes 13 seconds West, a distance of 85.51 feet to a point for corner from which a found 5/8-inch iron rod with cap stamped"RPLS 3949"bears South 50 degrees 42 minutes 12 seconds East, a distance of 0.21 feet; 5) South 52 degrees 51 minutes 45 seconds West, a distance of 131.49 feet to a point for corner from which a found 5/8-inch iron rod with cap stamped"RPLS 3949"bears North 66 degrees 04 minutes 47 seconds East, a distance of 0.37 feet; 6) South 13 degrees 41 minutes 41 seconds West, a distance of 54.30 feet to a southwest corner of said Lot 1 and the northwest corner of Lot 2 of said Bayco Addition; THENCE South 21 degrees 16 minutes 27 seconds West,with the west boundary line of said Lot 2, a distance of 13.22 feet to a point for corner in the center of Muddy Creek, said corner being in a northerly boundary line of Lot 1, Block A,Wylie High School, an addition to the City of Wylie, as recorded in Cabinet Q, Page 551 of said Plat Records; THENCE Westerly,with the meanders of said Muddy Creek and with the common boundary lines of said 34.412 acre tract and said Lot 1,Wylie High School addition,the following courses: 1) North 30 degrees 37 minutes 25 seconds West, a distance of 19.64 feet to a point for corner; 2) North 40 degrees 21 minutes 09 seconds West, a distance of 87.35 feet to a point for corner; 3) North 89 degrees 37 minutes 11 seconds West, a distance of 16.36 feet to a point for corner; 4) South 65 degrees 02 minutes 43 seconds West, a distance of 28.77 feet to a point for corner; 5) South 19 degrees 20 minutes 18 seconds West, a distance of 66.34 feet to a point for corner; 6) South 04 degrees 58 minutes 28 seconds East, a distance of 29.74 feet to a point for corner; 7) South 20 degrees 54 minutes 14 seconds East, a distance of 9.68 feet to a point for corner; 8) South 45 degrees 27 minutes 21 seconds West, a distance of 20.58 feet to a point for corner; 9) South 87 degrees 06 minutes 08 seconds West, a distance of 38.34 feet to a point for corner; 10) North 76 degrees 19 minutes 40 seconds West, a distance of 25.88 feet to a point for corner; 11) North 57 degrees 32 minutes 09 seconds West, a distance of 39.17 feet to a point for corner; 12) North 47 degrees 53 minutes 03 seconds West, a distance of 12.59 feet to a point for corner; 13) North 34 degrees 55 minutes 16 seconds West, a distance of 15.50 feet to a point for corner; 14) North 14 degrees 10 minutes 16 seconds West, a distance of 44.32 feet to a point for corner; 15) North 20 degrees 08 minutes 45 seconds West, a distance of 14.19 feet to a point for corner; 16) North 71 degrees 03 minutes 15 seconds West, a distance of 7.40 feet to a point for corner; 17) South 64 degrees 23 minutes 34 seconds West, a distance of 110.08 feet to a point for corner; 18) North 68 degrees 49 minutes 06 seconds West, a distance of 19.23 feet to a point for corner; 19) North 53 degrees 24 minutes 11 seconds West, a distance of 24.85 feet to a point for corner; 20) North 30 degrees 11 minutes 00 seconds West, a distance of 32.14 feet to a point for corner; 21) North 01 degrees 16 minutes 20 seconds West, a distance of 59.71 feet to a point for corner; 22) North 36 degrees 38 minutes 13 seconds West, a distance of 22.42 feet to a point for corner; 23) South 89 degrees 47 minutes 17 seconds West, a distance of 24.92 feet to a point for corner; 24) North 63 degrees 14 minutes 03 seconds West, a distance of 32.04 feet to a point for corner; 25) North 63 degrees 48 minutes 37 seconds West, a distance of 23.89 feet to a point for corner; 26) North 49 degrees 55 minutes 34 seconds West, a distance of 78.46 feet to a point for corner; 27) North 25 degrees 33 minutes 30 seconds West, a distance of 26.76 feet to a point for corner; 28) North 05 degrees 55 minutes 09 seconds East, a distance of 26.65 feet to a point for corner; 29) North 07 degrees 43 minutes 00 seconds East, a distance of 71.21 feet to a point for corner; 30) North 25 degrees 32 minutes 25 seconds East, a distance of 12.97 feet to a point for corner; 31) North 87 degrees 10 minutes 27 seconds East, a distance of 16.71 feet to a point for corner; 32) North 37 degrees 31 minutes 11 seconds East, a distance of 15.88 feet to a point for corner; 33) North 31 degrees 39 minutes 59 seconds East, a distance of 20.16 feet to a point for corner; 34) North 18 degrees 21 minutes 19 seconds West, a distance of 26.25 feet to a point for corner; 35) North 01 degrees 17 minutes 01 seconds East, a distance of 20.44 feet to a point for corner; 36) North 55 degrees 09 minutes 50 seconds West, a distance of 13.98 feet to a point for corner; 37) North 71 degrees 23 minutes 52 seconds West, a distance of 23.16 feet to a point for corner; 38) North 56 degrees 00 minutes 03 seconds West, a distance of 9.09 feet to a point for corner; 39) North 68 degrees 05 minutes 49 seconds West, a distance of 28.30 feet to a point for corner; 40) South 54 degrees 13 minutes 47 seconds West, a distance of 41.23 feet to a point for corner; 41) South 22 degrees 21 minutes 03 seconds West, a distance of 46.33 feet to a point for corner; 42) South 43 degrees 26 minutes 27 seconds West, a distance of 58.73 feet to a point for corner; 43) South 58 degrees 03 minutes 07 seconds West, a distance of 55.27 feet to a point for corner; 44) South 70 degrees 02 minutes 57 seconds West, a distance of 48.16 feet to a point for corner; 45) North 78 degrees 31 minutes 32 seconds West, a distance of 23.08 feet to a point for corner; THENCE North 04 degrees 17 minute 53 seconds East, departing said Muddy Creek and continuing with a common boundary line of said Wylie High School addition and said 34.412 acre tract,passing a 1/2-inch iron rod with yellow cap stamped "RPLS 3963"set for reference at a distance of 23.00 feet and continuing a total distance of 596.63 feet to the northwest corner of said 34.412 acre tract and an ell corner of said Wylie High School addition from which a found 1/2-inch iron rod bears North 81 degrees 05 minutes 56 seconds West, a distance of 1.87 feet; THENCE South 88 degrees 44 minute 32 seconds East,with a common boundary line of said Wylie High School addition and said 34.412 acre tract, a distance of 385.87 feet to a southeast corner of said Wylie High School addition and the southwest corner of said 4.2256 acre from which a found 5/8-inch iron rod bears North 53 degrees 04 minutes 46 seconds West, a distance of 0.66 feet; THENCE North 17 degrees 12 minute 08 seconds West,with the common boundary line of said Wylie High School addition and said 4.2256 acre tract, a distance of 379.94 feet to a 1/2-inch iron rod with yellow cap stamped "RPLS 3963" set for the northeast corner of said Wylie High School addition and the northwest corner of said 4.2256 acre from which a found 1/2-inch iron rod with cap stamped"RPLS 5686"bears South 20 degrees 40 minutes 25 seconds East, a distance of 1.60 feet, said corner being in the south right-of-way of Farm to Market Road 544 (FM 544), a variable width right-of-way; THENCE Southeasterly with the south right-of-way lines of said FM 544,the following courses: 1) South 70 degrees 31 minute 42 seconds East,with the northeast boundary line of said 4.2256 acre tract, a distance of 1034.92 feet to a Texas Department of Transportation (TxDot)monument found for corner; 2) South 41 degrees 52 minute 19 seconds East, departing the northeast boundary line of said 4.2256 acre tract, a distance of 55.00 feet to a point for corner from which a found TxDot monument bears North 78 degrees 57 minutes 01 seconds East, a distance of 0.20 feet; 3) South 70 degrees 39 minute 06 seconds East, a distance of 90.00 feet to a TxDot monument found for corner; 4) South 74 degrees 04 minute 35 seconds East, a distance of 315.83 feet to a 1/2-inch iron rod with cap stamped"RPLS 5686"found for corner; 5) South 75 degrees 15 minute 18 seconds East, a distance of 130.51 feet to a TxDot monument found for corner; 6) South 39 degrees 39 minute 51 seconds East, a distance of 85.61 feet to a 1/2-inch iron rod with yellow cap stamped"RPLS 3963" set for corner; 7) South 78 degrees 31 minute 43 seconds East, a distance of 56.98 feet to a 1/2-inch iron rod with yellow cap stamped"RPLS 3963" set for corner from which a found TxDot monument bears South 63 degrees 05 minutes 06 seconds West, a distance of 0.44 feet, said corner being in the east boundary line of said 0.476 acre tract; THENCE South 04 degrees 07 minute 04 seconds East,with the east boundary line of said 0.476 acre tract, a distance of 339.56 feet to the POINT OF BEGINNING AND CONTAINING 1,432,071 square feet or 32.876 acres of land. "This description is based on the Land Title Survey and Plat made by Robert C. Myers RPLS No. 3963 on June 27, 2011." EXHIBIT "B" PLAN DEVELOPMENT CONDITIONS FOR WYLIE MEDICAL PLAZA AND BUSINESS CENTER LOCATED IN PARKER/ SCHOLZ, LIMITED PARTNERSHIP 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Commercial Corridor(CC) District set forth in Article 4, Section 4.3 of the Comprehensive Zoning Ordinance (adopted as of October 2oii) are included by reference and shall apply as provided herein. 3. The Zoning Exhibit/Concept Plan shall be adopted as a part of this Ordinance. 4. Articles, Sections, and Figures specified herein refer to City of Wylie Zoning Ordinance. In the case of conflict,the Zoning Exhibit/Concept Plan and/or this document shall take precedence. 5. Allowed building façade materials shall include architectural textured site cast concrete panels with reveal treatments and painted exterior finish. 6. The Planned Development District shall allow the following uses by right: • Helipad or landing Field w/o minimum parking requirement. • Assisted Living Apartment. The Planned Development District shall prohibit the following uses: • Animal Boarding/Kennel without Outside Pens. • Mortuary or Funeral Home. • Automobile Rental. • Automobile Repair,Minor. • Pawnshop. 7. The minimum parking space size shall be 18 feet by 9 feet. 8. Building signage shall be permitted for individual physician's practices along building façade with a maximum allowable square footage of 6o square feet per tenant suite. Signage shall be aluminum fabricated reverse channel individual letters with brush aluminum finish and internal illumination. Monument signage as allowed by current zoning. \ \ \ \ \ \\\ \ \ ----- \ \ \ \ \ /// // \\ F�^Roc�aa / / 1 / / n cku / / Pa // / MEDICAL OFFICE ' // l>\\ / 51,2I8 GSF // r-�-_ // / \ Y� ii_ii,.,�,.�i Ili. // /// / \_ 9 s, ----------. ! = ; ----1 �,E E // f//y,,7 // �, ,, i / I , cv o /r / , l r \ \ / rr / V A / ) vv WEST TRACT / /j, / \ \ /—/ FENA FLOODZONE AE \\ 22.5E5 ACRES IGROSS) // //r // PANEL 48025C04154 \ 13.045 ACRES iNET / / \\\ \'\ I PANEL 48025C04204 \ / ( / \ _ A A I OVERALL LOMR:10-O6-1838P / A V / \ \\ I 1.432,071 SO FT. \\ // /� // \ \ I 32.8]fi ACRES LOCATION BASED ON \ / // / \ V tom FLOOD STUDY �_i // \ V A, PERf-0MEDBv / ------- \ MIKE PE / \ ED \ \\ NATHAN D.MAIER CONSULTING // / ///////////////�//////�//////////� \ \ \ ENGINEERS,INC. / , / \\\\ \.. �/� SITE DATA SLNNARV vvvvv �_� �„�� ZONING EXHIBIT/CONCEPT PLAN V / `°� ZONING CASE 2011-10 WYIJE MEDICAL OFFICE \ \ ^\ \\ EXHIBIT C vv vv N. i' / \,v E� IM Really Group McCAIIA Os SUITE R B '__�/ ali oti�s Ta20, li � _ ,..E ;ao,bx FRI TEXAS T5039 `S n4-2.=3T (9,l 421-1527OW vvvv (/�/ �/ ,E VOA. 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Ltif I C) ' ---'4.---- `94,77A-4.A.AAA --• ... .... ;-, czi I 1 > r 0 , , co - -\ 1 1 1 a.) , . 1 -al = , > coo ( I .' . . Iit .-- t100 OWNER NOTIFICATION MAP ,,,,. .... „,,,..,... ...,7- ZONING CASE #2011 _ 10 OTIFICATIO EPO - T APPLICANT: Kerry Burden of PM Realty Group APPLICATION FILE 2011-07 2828 Routh Street#700 Dallas,Texas 75201 ICI BLK/ABST LOT/TRACT TAX LD. # PROPERTY OWNER NAME ADDRESS Applicant-Kerry Burden 2828 Routh Street#700 1 PM Realty Group Dallas,Texas 75201 Wylie High School Addn PO Box 490 2 BIk A Lot 1 R-8816-00A-0010-1 Wylie Independent School District Wylie,Texas 75098 Parker Addition PO Box 307 0 3 Blk A Lot 2 R-4602-00A-0020-1 Parkarosa Ltd. Wylie,Texas 75098 Wylie Civic Center 300 Country Club Road 4 BIk A Lot 4 R-10086-00A-0040-1 City of Wylie Wylie,Texas 75098 Sanden Addition 601 Sanden Boulevard 5 BIk A Lot 1 R-2447-00A 0010-1 Sanden International Wylie,Texas 75098 Bayco Addition 640 Sanden Boulevard 6 BIk A Lot 1 R-8784-00A-0010-1 Aaram Ltd Wylie,Texas 75098 Southern Fasteners Addn 635 Fairgrounds Road 7 BIk A Lot 1 R-8783-00A-0010-1 RSR,LLC Muscle Shoals,Alabama 35661 PO Box 307 0 8 w Abst 193 Tract 1 R-6193-000-0010-1 ParkerfScholz Wylie,Texas 75098 PO Box 307 9 Abst 563 Tract 2 R-6563-000-0020-1 Parker/Scholz Wylie,Texas 75098 1525 Mayflower Drive 10 Abst 563 Tract 5 R-6563-000-0050-1 Joe Womey Allen,Texas 75002 PO Box 307 11 Abst 841 Tract 1 R-6841-000-0010-1 Parker/Scholz Wylie,Texas 75098 PO Box 490 12 Abst 841 Tract 14 R-6841-000-0140-1 Wylie Independent School District Wylie,Texas 75098 13 14 15 16 17 _ k %a PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2011-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2011-10. Date, Location&Time of Planning&Zoning Commission meeting: Tuesday,December 6,2011,6:30 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 13,2011,6:00 pm Municipal Compl- ,300 Country Club Road,Building 100,Wylie,Texas Name: )01 Arzfi6-71- -5-<-14,c/(z- (pleas- .rim) Address: t_ Signature: 79 Date: (c7/ - COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 / I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2011-10. _____ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2011-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,December 6,2011,6:30 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 13,2011,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: 42,6W7i-e2-re4 7-- (please print) Address: 67 'X 3C i Signature: fi,t / 7 Date: f.-4746/7/-05,4, ' kg"'"-7- L6--A (/' 7(71' / COMMENTS: Wylie City Council CITY OF VVYLIE AGENDA REPORT Meeting Date: December 13, 2011 Item Number: 4. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 12/6/11 Budgeted Amount: N/A Exhibits: 3 Subject Tabled from 10-25-2011 Motion to remove from the table and: Consider, and act upon, the acceptance of the withdrawal of a request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage equal to or larger than 16,000 square feet. Recommendation Motion to accept the withdrawal of the request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage equal to or larger than 16,000 square feet. Discussion On October 25, 2011 the Wylie City Council tabled this item to receive additional information regarding the request and other issues. The applicant has asked that this request be withdrawn. Skorburg will be submitting a preliminary plat for Phase II that fits within the existing PD and will be presented to council in a future agenda item. Approved By Initial Date Department Director CH 12-6-2011 City Manager 1 - -11 Page 1 of 1 Braddock Place Holdings,Ltd. By Braddock Place Holdings GP Corporation 8214 Westchester Drive,Dallas,TX 75219 Phone:214-522-4945 Fax: 214-522-7244 Mr. Chris Hoisted, P.E., CFM December 6, 2011 City Engineer 300 Country Club Road Wylie, Texas 75098 Dear Chris: Please accept this letter as our request to withdraw our variance request submitted to the City Council in regards to the planned development zoning Ordinance No. 2005-24 for the Braddock Place Estates subdivision, which was most recently tabled by City Council in October 2011. We will be submitting a preliminary plat to the City for Phase II of Braddock Place Estates in the near future that conforms with the current minimum lot size requirements for open swale drainage. Please feel free to contact me with any questions or concerns. Thank you, Braddock Place Holdings,Ltd, a Texas limited partnership By: Braddock Place Holdings GP Corporation, a Texas corporation, its General Partner ,- By: _hz,,, ' . ,. am J. Buc k, hector r BRADDOCK PLACE HOLDINGS, LTD. By Braddock Place Holdings GP Corporation 8214 Westchester Drive, Suite 710 Dallas,Texas 75225 Phone: 214/522-4945 Fax: 214/522-7244 September 28, 2011 City of Wylie Attn: Mr. Chris Hoisted, City Engineer 2000 Hwy 78 Wylie, Texas 75098 Re: Braddock Place Estates open ditch drainage and"Estate Street" design modification request Dear Mr. Hoisted: As discussed in our meeting last Friday, please accept this letter requesting the City to allow open ditch drainage with an "Estate Street" design section as was constructed in Phase I of Braddock Place Estates for lots at least 16,000 SF or larger. In Phase II of Braddock Place Estates, we plan to continue with an extension of the "Estate Street" section of the subdivision. This second phase is planned to consist of forty-three (43) 90' x 180' typical size lots. A cross section of the street design is attached to this letter as Exhibit"A." The City has previously approved the use of the "Estate Street" section with open ditch drainage for lots equal to or greater than 18,000 SF in size. In consideration of the fact that these Phase II lots will be significantly larger than what is required in the zoning ordinance and given that the Phase II lots will only be 10' narrower than the Phase I lots, we respectfully request the City to allow the "Estate Street" section with open ditch drainage for lots 16,000 SF or larger for all of the property under Zoning Ordinance 2005-24. This Estate Street lot program has maintained its value for the homeowners and the City of Wylie through one of the most challenging housing markets in a generation. Thus, we look forward to continuing this concept in the next phase of Braddock Place Estates. Please let me know if you need any additional information. I can be reached on my cell at (817) 657-5548 if you have any questions or concerns. We appreciate your consideration. Sincerely, Braddock Place Holdings, Ltd. By: Braddock Place Holdings GP Corporation By: ,e-- (--c (._,/Z 1----6----;,-2.7.- Adam J. Bu ek, Director / 1 of 2 G:\company management\Project Mgmt\Projects\Braddock Place Estates-Phase II\02. City or Town\02e. City Communication\BP Estates-Estate Section Request-9-28-11.doc o a> C En a) U ct C.) 70 o 60'R.O.W. 73 15'DRAINAGE 30' 30' 15'DRAINAGE cd & UTIL.ESMT. & UTIL.ESMT. �' 5' 5' . 3' 6' 2' _ 26'E E 2' 6' 3' 5' H MIN MIN PROF.ELEV. MIN MIN-^ r 1' 1 � + rn 3 3 2% 2/. 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"::°� , fs' • .. . s 2< - F- S 3 t ----;:•-:-:::::„'„Ii--'--,----:' „. •"- -.;., tr......--Ittio-PE:.::::-:::--,:q 0, 4if..., ii 9_- 4 N 0 3 §' :: gam` •. y Wylie City Council CITY OF VVYLIE AGENDA REPORT Meeting Date: 12-13-11 Item Number: 5. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 12-6-11 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, approval of a Retail Development Agreement between the City of Wylie and B & B Theatres Operating Company, Inc. Recommendation Staff recommends approval of a Retail Development Agreement between the City of Wylie and B & B Theatres Operating Company, Inc.. Discussion B&B Theatres proposes purchasing a 10.8 tract from the Herzog Development Corporation and the construction of a 57,787 square foot, 12-screen all digital theatre. The facility will be located near the southwest corner of F.M. 544 and Woodbridge Parkway. B&B will close on the tract on or before March 31, 2012 with construction to be completed on or before December 31, 2013. The WEDC has designed a $600,000 incentive package which is a combination of $225,000 in infrastructure assistance and up to $375,000 is sales tax reimbursements. Through the attached Retail Development Agreement and a WEDC Performance Agreement(as attached), both the City of Wylie and WEDC will each be reimbursing to B&B an amount equivalent to 1/2 cent of the sales tax generated from the project which is collected by the City on retail sales for a period of 5 years. Upon issuance of a certificate of occupancy, the WEDC will be funding a $100,000 grant for qualified infrastructure assistance along with $25,000 per year for 5 years thereafter. In order to receive any or all public assistance, B&B must comply with all terms of the Retail Development Agreement and the WEDC Performance Agreement. The WEDC Performance Agreement requires similar terms to the Retail Development Agreement such as dates for closing on the site and certificate of occupancy, confirmation of minimum investment, and minimum valuation of $10 million by 2014. The WEDC Agreement requires additional performance measures of minimum valuation of$9.5 million in 2015, and minimum employment figures of 5 full time and 20 part time positions in 2016, 2017, and 2018. Based upon estimates for property taxes generated to the City and WISD, and sales taxes generated by the City general fund and 4B Corporation, the return on investment will be 1.5 years. Please note that the City is only committing 1/2 cent of its 1 cent sales tax attributed to general fund collections and that no reductions in development fees are being contemplated. Page 1 of 2 Approved By Initial Date Department Director SS 12-6-11 City Manager II II 1 - -1 1 AFTER RECORDING,RETURN TO: City Secretary City of Wylie, Texas 2000 Highway 78 North Wylie, Texas 75098 RETAIL DEVELOPMENT AGREEMENT This Agreement(the "Agreement")is entered into as of the day of December, 2011, by and between The City of Wylie, Texas, a municipal corporation (the "City"), and B & B Theatres Operating Company, Inc., a Missouri corporation ("Company"). RECITALS: WHEREAS,the Company proposes to acquire title to that certain tract of property located within the corporate limits of the City, consisting of approximately acres, located at , as more fully described in the attached Exhibit"A"(the"Property"); and WHEREAS, Company has requested that the City authorize and pay an economic development grant as provided herein; and WHEREAS, simultaneously herewith, Company is executing a Performance Agreement with the Wylie Economic Development Corporation ("WEDC"), which will provide Company economic incentives for the development of the Property as described therein; and WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code and for the public purpose of promoting economic development and diversity,increasing employment,reducing unemployment and underemployment, expanding commerce and stimulating business and commercial activity in the State of Texas, Collin County and the City,the City desires to offer sales tax grants to Company as more particularly described in this Agreement. NOW,THEREFORE,for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the City and Company agree as follows: 1. Project Subject of Agreement. Company plans to construct or cause the construction of a 57,787 square foot, 12 screen, 2,002 seat theater on the Property (the "Project"). 2. Economic Development Grant. Subject to the terms and conditions of this Agreement, the City will provide to Company a sales tax grant of 1/2 cent (.005) of the sales tax generated from the Project collected by the City on retail sales beginning on the Start Date(defined below) and ending on the day prior to the five-year anniversary of the Start Date. By way of example only, if the Project generates $5,000,000 in sales tax revenue for the applicable year, the City should receive $50,000 (1% of the sales and use tax generated); therefore, Company's Tax Retail Development Agreement—Page 1 599788v4 Grant from the City would be$25,000(.005 thereof). The combined sales tax reimbursement from the City and the Wylie Economic Development Corporation("WEDC")shall not exceed the sum of $600,000. The "Start Date", as used herein, shall be the date the WEDC receives written evidence that the appraised value of the Project is not less than $10,000,000 as certified by the Central Appraisal District. 3. Criteria to Qualify for Tax Grant. To qualify for the Tax Grant, Company must complete the following: a) Documentation that Company has acquired title to the Property on or before March 31, 2012; and b) Documentation of construction and completion of the Project in accordance with all applicable City Codes and Ordinances on or before December 31, 2013; and c) Documentation of receipt of a permanent Certificate of Occupancy ("CO")from the City for the Project on or before December 31, 2013; and d) Documentation that the Company has expended at a minimum the sum of $10,000,000, for the cost of the Property, construction of the improvements, and the personal property located on the Property; and e) Documentation on or before December 31, 2014, of an appraised value for the Project of not less than $10,000,000, as certified by the Central Appraisal District; and f) Documentation from the Comptroller of the total sales tax generated for the Project for the twelve month period ending December 31, 2014, and each year thereafter for the term of this Agreement. This Agreement is null and void if Company fails to timely meet the criteria to qualify for the Tax Grant, or the criteria to qualify for the incentives provided in the Performance Agreement with the WEDC. 4. Term of the Tax Grant. Subject to the terms and conditions of this Agreement, the Grant is available for a period of five (5) years beginning on the Start Date (the "Term"). 5. Payment of Tax Grant. Subject to the terms and conditions of this Agreement,the City will pay the Tax Grant to Company on an annual basis as set forth in Paragraph 9 below, beginning twelve (12) months following the date Company meets the qualifications set forth in Paragraph 3(a), (b), (c), (d), (e), and(f)above and continuing each year thereafter,provided Company annually meets the qualifications set forth in Paragraph 3 above until the Company fails to meet any future requirements, the Term ends or this Agreement is earlier terminated. Retail Development Agreement—Page 2 599788v4 6. Calculation of Tax Grant. The parties agree that the dollar amount of retail sales eligible for the Tax Grant payable to Company will be derived from sales tax information furnished by the Comptroller's Office of the State of Texas or any successor agency charged with collecting such information and preparing such reports. The City shall pay Company a grant each calendar year within forty-five(45)days of receipt of the City's share of the sales tax revenue from the State and a Texas Comptroller's Report indicating the municipal retail sales tax collections reported to the Texas Comptroller for the Project for the preceding twelve month period. Company, its successors and assigns to the Property and any tenant of the Property will use commercially reasonable efforts to have all occupants of the Property sign and submit to the City and the Texas Comptroller, a Waiver of Sales Tax Confidentiality form marked Exhibit B and attached hereto to allow the City to obtain sales tax information collected from businesses on the Property. 7. Overpayment of Taxes. In the event the State of Texas determines that the City erroneously received sales tax receipts, or that the amount of sales tax paid the City exceeds the correct amount of the sales tax for a previous taxable year for which Company has received any payment, Company shall not be required to refund such overpayment and the City shall adjust the payment(s) for such periods immediately following such State of Texas determination for such incorrect amount accordingly. 8. Underpayment of Taxes. In the event that any one or more of the occupants of the Project file an amended sales tax return, or report, or if additional sales taxes are due and owing by such occupant, as determined by or as approved by the State of Texas for a previous tax year, then the payments for the succeeding tax year shall be adjusted upward to reflect such additional taxes payable by such occupant. 9. Amendments to Law. In the event of any legislative or judicial interpretation that limits or restricts the WEDC's or the City's ability to pay the Reimbursement Incentives and/or the Tax Grants (as applicable) provided or otherwise extracts, imposes any penalty, or other restriction, the WEDC and Company will agree to work together in good faith to provide the Company with a reasonably equivalent value, to the extent permitted by law, and to otherwise accomplish the purpose of this Agreement. 10. Mortgage Protection. This Agreement shall not prevent or limit Company(or any third party owner of any portion of the Property),in any manner, at Company's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device. Any Mortgagee shall also be entitled to the following rights and privileges: i. Neither entering into this Agreement nor breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage, deed of trust or other security device made in good faith and for value, unless otherwise required by law. Retail Development Agreement—Page 3 599788v4 ii. Any Mortgagee who comes into possession of the Property, or any part thereof,pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Land and any improvements constructed thereon, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary,no Mortgagee shall have any obligation or duty under this Agreement to perform any of Company's obligations or other affirmative covenants of Company hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by Company is a condition precedent to the performance of a covenant by the WEDC, the performance thereof shall continue to be a condition precedent to the WEDC's performance hereunder. 11. Default. The City's obligation to pay any portion of the Tax Grant to Company will terminate in the event that the WEDC does not enter into the Performance Agreement with Company, defaults under the terms of the Performance Agreement or if Company defaults by not completing the criteria set forth in this Agreement. A default as provided herein will only occur if a defaulting party fails to cure a failure to comply with the terms of this Agreement within thirty (30)days after written notice from the nondefaulting party describing such failure, or if such failure cannot be cured within such thirty (30) days, if the defaulting party fails to commence such cure within such thirty(30)day period and fails to continuously thereafter diligently pursue such cure. In the event Company fails to comply with the terms of this Agreement,the City may pursue as its sole and exclusive remedy any and all actual damages incurred by City. In any legal proceeding brought to enforce the terms of this Agreement, the prevailing party to any dispute arising out of the enforcement of this Agreement shall be entitled to recover from the losing party reasonable attorney's fees, expenses and costs as permitted by Section 271.159 of the Texas Local Government Code. 12. Termination of Agreement. This Agreement may be terminated by mutual written consent of the parties or by either party, upon the failure of the other party to fulfill an obligation as set forth in this Agreement, subject to the rights of the parties to cure any failure as set forth in Section 11 above. 13. Miscellaneous. (a) All construction will be in accordance with applicable rules,regulations and ordinances of the City or other applicable governmental authority. (b) This Agreement, or any portion thereof, may not be assigned by Company without the written consent of the City, which consent shall not be unreasonably withheld. Retail Development Agreement—Page 4 599788v4 (c) This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. (d) This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. (e) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (f) The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears,that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. (g) This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. (h) Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to the City shall be sufficient if made or addressed to City Manager, City of Wylie, 2000 Highway 78 North, Wylie, Texas 75098. Notice to Company shall be sufficient if made or addressed to B&B Theatres Operating Company,Inc.,Attn: ,2101 W. Kansas Street,Liberty,MO 64068. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. (i) This Agreement contains the entire agreement of the parties regarding the within subject matter and may only be amended or revoked by the written agreement executed by all of the parties hereto. (j) This Agreement shall be governed by the laws of the State of Texas and is specifically performable in Collin County, Texas. (k) Notwithstanding the foregoing, Company shall have such additional time to complete any obligations hereunder as may be required in the event of"force majeure" so long as Company is diligently and faithfully pursuing completion of the facility. For purposes of this Retail Development Agreement—Page 5 599788v4 Agreement, "force majeure" shall mean any contingency or cause beyond the reasonable control of Company including, without limitation, acts of God, acts of the public enemy, hostile action, war, riot,civil commotion,insurrection,governmental or de facto governmental actions(unless caused by acts or omissions of Company) or restrictions, fires, explosions, or other casualty, condemnation proceedings, any strike(s),walkout(s), or labor dispute(s),the ability(other than financial ability)to obtain labor or materials or reasonable substitutes therefore, floods, strikes, and action of the elements including, without limitation, inappropriate temperature conditions, rainfall or other interfering precipitation or weather conditions. (1) This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal or unenforceable in any respect, such invalidity,illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. (n) Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. (o) Time is of the essence in this Agreement. (p) The parties agree this Agreement has been drafted jointly by the parties and their legal representatives. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. THE CITY OF WYLIE, TEXAS, a municipal corporation By: Date: Its: Retail Development Agreement—Page 6 599788v4 B & B THEATRES OPERATING COMPANY, INC., a Missouri corporation By: Name: Title: Dated: STATE OF TEXAS * COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for THE CITY OF WYLIE, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2011. Notary Public in and for the State of Texas My Commission Expires: Retail Development Agreement—Page 7 599788v4 STATE OF * COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for B &B THEATRES OPERATING COMPANY, INC., and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2011. Notary Public in and for the State of My Commission Expires: Exhibit A - Legal Description of the Property Exhibit B - Project Description Exhibit C - Waiver Retail Development Agreement—Page 8 599788v4 EXHIBIT A EXHIBIT B EXHIBIT C Waiver of Sales Tax Confidentiality Date: I authorize the Comptroller of Public Accounts to release sales tax information pertaining to the taxpayer indicated below to the City of Wylie. I understand that this waiver applies only to our retail store located in Please print or type the following information as shown on your Texas Sales and Use Tax permit: Name of Taxpayer Listed on Texas Sales Tax Permit Name Under Which Taxpayer is Doing Business (d/b/a or Outlet Name) Taxpayer Mailing Address Physical Location of Business Permitted for Sales Tax in Wylie, Texas Texas Taxpayer ID Number Authorized Signature* Printed Name of Authorized Signature Position of Authorized Signature Phone Number of Authorized Signature * The authorized signature must be an owner, officer, director,partner, or agent authorized to sign a Texas Sales Tax Return. If you have any questions concerning this waiver of confidentiality, please contact the Texas Comptroller of Public Accounts at 1 (800) 531-5441. PERFORMANCE AGREEMENT Between WYLIE ECONOMIC DEVELOPMENT CORPORATION And B & B THEATRES OPERATING COMPANY, INC. This Performance Agreement(this"Agreement")is made and entered into by and between the Wylie Economic Development Corporation (the "WEDC"), a Texas corporation organized and existing under Chapter 501 of the Texas Local Government Code, known as the Development Corporation Act, as amended from time to time (the "Act") and B & B Theatres Operating Company, Inc. (the "Company"), a Missouri corporation. RECITALS WHEREAS, the Company proposes to acquire title to that certain tract of property located within the corporate limits of the City of Wylie, Texas (the"City"), consisting of approximately acres, located at , as more fully described in the attached Exhibit "A" (the"Property"); and WHEREAS, the City has entered into a Retail Development Agreement(the "Development Agreement") with the Company to facilitate the construction of a 57,787 square foot, 12 screen, 2,002 seat theater on the Property. The Development Agreement is effective the same date as this Agreement; and WHEREAS, the Company has requested financial and/or economic assistance from the WEDC to plan and construct certain infrastructure improvements to assist in the development of the Property for a 57,787 square foot, 12 screen, 2,002 seat theater(the "Facility"); and WHEREAS, Section 501.103 of the Act states that the WEDC may provide funding for expenditures that are found by the Board of Directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements (the "Qualified Infrastructure"). Qualified Infrastructure does not include temporary infrastructure improvements or traffic signals; and WHEREAS, Company proposes to use the economic incentives for the construction of the Qualified Infrastructure which will include public infrastructure improvements and site improvements necessary for the development of the Property and which will benefit the surrounding properties, as generally described in the attached Exhibit "B"; and WHEREAS, the WEDC has found that the Qualified Infrastructure is necessary to promote or develop new or expanded business enterprises in the City and the WEDC has concluded that the Qualified Infrastructure constitutes a"project", as that term is defined in the Act, and is willing to provide Company with economic assistance as hereinafter set forth on the terms and subject to the conditions as stated herein and Company is willing to accept the same subject to all terms and conditions contained in this Agreement; and Page 1 of 12 599629v5 WHEREAS, the WEDC has determined that it is in the best interest of the public and the City and promotes the purposes authorized by the voters of the City of Wylie for which the WEDC was established to encourage the development and use of industrial and business properties within the City; and WHEREAS, the WEDC is willing to provide the Company with economic assistance hereinafter set forth on the terms and subject to the conditions as stated herein and Company is willing to accept the same subject to all terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the WEDC and Company agree as follows: I. Economic Assistance. Subject to the terms of this Agreement, the WEDC will provide Company economic assistance in the form of a Performance Economic Incentive ("Economic Incentive"). The combined Economic Incentive from the WEDC and the sales tax reimbursement from the City through the Development Agreement shall not exceed the sum of$600,000. Upon meeting the qualifications and requirements (the"Performance Requirements"), the Company shall be entitled to the following Economic Incentive: Economic Incentive and Performance Requirements Schedule: Economic Project WEDC WEDC Eliibilit Incentive ; Economic Cumulative Period Number Incentive Economic Expiration Incentive; Date No. 1 Completion of the Qualified $100,000 $100,000 12/31/2013 Infrastructure improvements as outlined in Exhibit B. No.2 $25,000 plus $125,000 12/31/2014 .005 sales tax plus sales tax reimbursement reimbursement No. 3 $25,000 plus $150,000 12/31/2015 .005 sales tax plus sales tax reimbursement reimbursement No. 4 $25,000 plus $175,000 12/31/2016 .005 sales tax plus sales tax reimbursement reimbursement No. 5 $25,000 plus $200,000 12/31/2017 .005 sales tax plus sales tax reimbursement reimbursement No. 6 $25,000 plus $225,000 12/31/2018 .005 sales tax plus sales tax reimbursement reimbursement' ' Total Cumulative Economic Incentive from the WEDC and the City shall not exceed$600,000.00 Page 2 of 12 599629v5 II. Requirements for each Economic Incentive. a. A maximum Economic Incentive of$100,000.00 will be paid to Company upon completion of the following Performance Requirements for Incentive No. 1: 1) Documentation that Company has acquired title to the Property on or before March 31, 2012; and 2) Documentation of construction and completion of the Qualified Infrastructure to serve the Property in accordance with all applicable City Codes and Ordinances on or before December 31, 2013; and 3) Documentation of final acceptance of the construction and completion of the Qualified Infrastructure by the City on or before December 31, 2013; and 4) Documentation reasonably acceptable to the WEDC verifying the actual cost of the Qualified Infrastructure to be at least$600,000 on or before December 31, 2013; and 5) Documentation that the Company has expended at a minimum the sum of $10,000,000, for the cost of the Property, construction of the improvements, and the personal property located on the Property; and 6) Documentation of receipt of a permanent Certificate of Occupancy ("CO")from the City for the Facility on or before December 31, 2013; and 7) Compliance documentation shall be submitted as required below in Article III, General Provisions (b). b. A maximum Economic Incentive of$25,000.00 plus an amount equal to a 1/2 cent (.005) sales tax based upon the total taxable sales generated by the Facility during the preceding twelve month period will be paid to Company upon completion of the following Performance Requirements for Incentive No. 2: 1) Documentation on or before December 31, 2014, of an appraised value for the Facility (including land, improvements, and personal property) of not less than $10,000,000, as certified by the Central Appraisal District. 2) Documentation from the Comptroller of the total sales tax generated for the Facility for the twelve month period ending December 31, 2014. 3) Compliance documentation shall be submitted as required below in Article III, General Provisions (b). c. A maximum Economic Incentive of$25,000.00 plus an amount equal to a 1/2 cent (.005) sales tax based upon the total taxable sales generated by the Facility during the Page 3 of 12 599629v5 preceding twelve month period will be paid to Company upon completion of the following Performance Requirements for Incentive No. 3. 1) Documentation on or before December 31, 2015, of an appraised value for the Facility (including land, improvements, and personal property) of not less than $9,500,000, as certified by the Central Appraisal District. 2) Documentation from the Comptroller of the total sales tax generated for the Facility for the twelve month period ending December 31, 2015. 3) Compliance documentation shall be submitted as required below in Article III, General Provisions (b). d. A maximum Economic Incentive of$25,000.00 plus an amount equal to a 1/2 cent (.005) sales tax based upon the total taxable sales generated by the Facility during the preceding twelve month period will be paid to Company upon completion of the following Performance Requirements for Incentive No. 4. 1) Documentation on or before December 31, 2016, that the Company has created, staffed and maintained employment of at least five (5)full-time employees and twenty (20)part time employees in the City. 2) Documentation from the Comptroller of the total sales tax generated for the Facility for the twelve month period ending December 31, 2016. 3) Compliance documentation shall be submitted as required below in Article III, General Provisions (b). e. A maximum Economic Incentive of$25,000.00 plus an amount equal to a 1/2 cent (.005) sales tax based upon the total taxable sales generated by the Facility during the preceding twelve month period will be paid to Company upon completion of the following Performance Requirements for Incentive No. 5. 1) Documentation on or before December 31, 2017, that the Company has created, staffed and maintained employment of at least five (5)full-time employees and twenty (20)part time employees in the City. 2) Documentation from the Comptroller of the total sales tax generated for the Facility for the twelve month period ending December 31, 2017. 3) Compliance documentation shall be submitted as required below in Article III, General Provisions (b). f A maximum Economic Incentive of$25,000.00 plus an amount equal to a 1/2 cent (.005) sales tax based upon the total taxable sales generated by the Facility during the Page 4 of 12 599629v5 preceding twelve month period will be paid to Company upon completion of the following Performance Requirements for Incentive No. 6. 1) Documentation on or before December 31, 2018, that the Company has created, staffed and maintained employment of at least five (5)full-time employees and twenty (20)part time employees in the City. 2) Documentation from the Comptroller of the total sales tax generated for the Facility for the twelve month period ending December 31, 2018. 3) Compliance documentation shall be submitted as required below in Article III, General Provisions (b). For the purposes of this Agreement, "square feet" is defined as the actual square footage in the premises owned by the Company. For the purposes of this Agreement, a"full-time employee" is defined as an employee hired to work a minimum of thirty-eight(38) hours per week, including allowance for vacation and sick leave, with full company benefits and employed exclusively and on-site at the Company's Project in the City of Wylie, Texas. A"part time employee" is defined as an employee hired to work a minimum of thirty (30) hours per week and is employed exclusively and on site at the Company's Project in the City of Wylie, Texas. III. General Provisions. a. Term of the Agreement: The term of this Agreement shall begin on the date of execution by the WEDC and will expire the earlier of(i)the full payment of the Economic Incentive, or(ii) on December 31, 2018, or as otherwise provided within the Agreement. Notwithstanding the above, if the Company fails to execute and deliver this Agreement to the WEDC on or before 5:00 p. m. on the thirtieth (30th) day following the date of approval by the WEDC, this Agreement shall be null and void. b. Submittal of Performance Documentation: Supporting documents must be submitted in a format acceptable to the WEDC not more than thirty (30) days from the Eligibility Period Expiration Date for each Economic Incentive. c. Verification and Compliance: The Company will certify and provide, to the extent necessary, Company records, documents, agreements, construction contracts both at the prime and sub-contractor level, and other instruments in furtherance of the following purposes: (i)to insure Company's compliance with the affirmative covenants as set forth within the Performance Agreement; (ii)to determine the existence of an event of default; (iii)to insure compliance with any terms or conditions set forth in the Agreement or related documents. Company will provide reports certifying the status of compliance and any other relevant information until the termination of the Agreement. Page 5 of 12 599629v5 d. Payment of Economic Incentives: Subject to the terms of this Agreement, the Economic Incentives shall be paid as follows: i) the WEDC shall pay the Economic Incentives within forty-five (45) days of receipt of the required documentation from the Company, subject to verification by the WEDC that the Performance Requirements have been met or exceeded by the Company. The "payment date" of each Economic Incentive shall be the date of the check each Economic Incentive is paid. Not more than one (1)Economic Incentive shall be paid within a period of twelve (12) months; ii) The parties agree that the dollar amount of retail sales eligible for the Reimbursement Incentives payable to Company will be derived from sales and sales tax information furnished by the Comptroller's Office of the State of Texas or any successor agency charged with collecting such information and preparing such reports. The WEDC shall pay Company a grant each calendar year within forty-five (45) days of receipt of the WEDC's share of the sales tax revenue from the State and a Texas Comptroller's Report indicating the municipal retail sales tax collections reported to the Texas Comptroller for the Project. Company, its successors and assigns to the Property and any tenants of the Property will use commercially reasonable efforts to have all occupants of the Property sign and submit to the WEDC and the Texas Comptroller, a Waiver of Sales Tax Confidentiality form marked Exhibit C and attached hereto to allow the WEDC to obtain sales tax information collected from businesses on the Property; iii) In the event the State of Texas determines that the WEDC erroneously received sales tax receipts, or that the amount of sales tax paid the WEDC exceeds the correct amount of the sales tax for a previous taxable year for which Company has received any Reimbursement Incentives payment, Company shall not be required to refund such overpayment and the WEDC shall adjust the payment(s)for such periods immediately following such State of Texas determination for such incorrect amount accordingly; iv) In the event that any one or more of the occupants of the Facility file an amended sales tax return, or report, or if additional sales taxes are due and owing by such occupant, as determined by or as approved by the State of Texas for a previous tax year, then the Reimbursement Incentives for the succeeding tax year shall be adjusted upward to reflect such additional taxes payable by such occupant; v) In the event of any legislative or judicial interpretation that limits or restricts the WEDC's or the City's ability to rebate the Reimbursement Incentives and/or the Tax Grants (as applicable)provided or otherwise extracts, imposes any penalty, or other restriction, the WEDC and Company will agree to work together in good faith to provide the Company with a reasonably equivalent value, to the extent permitted by law, and to otherwise accomplish the purpose of this Agreement. Page 6 of 12 599629v5 e. Non-Attainment of Performance Requirements: In the event the Company does not meet or exceed the Performance Requirements as specified in Section II, the WEDC Economic Incentive will be voided. After the Expiration Date of an Eligibility Period, the Company will not be eligible to receive any portion of that Economic Incentive. Regardless of Company's failure to meet the Performance Requirements for a specific Economic Incentive, this Agreement shall still be in effect and the Company shall still have the ability to earn the remaining eligible Economic Incentives due hereunder. f Employee Hiring, Materials and Supplies Purchase: Although not an event of default or a condition to this Agreement, WEDC requests that the Company endeavor to satisfy its need for all additional employees from Wylie residents and purchase all materials, supplies and services necessary to affect the occupancy of the Property from Wylie merchants and businesses. The Company will use reasonable efforts to place Company-managed hotel room nights, related to the Company's business, at hotel facilities located in the City whenever practicable. g. Community Involvement: Although not an event of default or condition of any advance hereunder, the Company agrees to endeavor to actively participate in community and charitable organizations and/or activities, the purpose of which are to improve the quality of life in the City of Wylie, Texas, and to actively encourage its employees to be involved in such organizations and/or activities. h. Non-Payment of Economic Incentives: Notwithstanding anything herein to the contrary, WEDC shall have no obligation to pay any of the Economic Incentives if the Company becomes insolvent and fails to perform its obligations under this Agreement, makes material false statements in regard to this Agreement or any of the information required to be provided under this Agreement, fails to pay any valid municipal payments to the City of Wylie, Texas (but this shall not prevent the Company from contesting such charges in good faith), files a suit against the City and/or the WEDC, or otherwise materially defaults under the terms of this Agreement. i. Notification Obligations: The Company shall notify the WEDC in writing of any material changes in the Company ownership or management within thirty (30) days of any such change. j. Termination of Economic Assistance: This Agreement may be terminated (1)by mutual written consent of the parties or (2)by the non-defaulting party upon the uncured default of the other party to this Agreement. Regardless of Company's level of attainment of the Performance Requirements as set forth in this Agreement, the WEDC's obligation to pay a portion or all of the Economic Incentives to the Company will expire ninety (90) days following the Eligibility Period Expiration Date of the last Economic Incentive, except that the obligations of WEDC to pay the Company under this Agreement will remain in effect until paid so long as the Company has fully complied with the Performance Requirements for such unpaid Economic Incentives prior to the expiration date, including reasonable compliance with the documentation requirements set forth herein. Page 7 of 12 599629v5 IV. Miscellaneous. a. This Agreement shall inure to the benefit of the parties hereto and shall not be assignable by Company without the prior written consent of the WEDC except to an entity or affiliate that is owned by the Company or its principals, which consent may be withheld by the WEDC in its sole and absolute discretion. b. This Agreement shall be construed according to the laws of the State of Texas and is subject to all provisions of the Act, which are incorporated herein by reference for all purposes. In the event any provision of the Agreement is in conflict with the Act, the Act shall prevail. c. This Agreement contains the entire agreement of the parties regarding the within subject matter and may only be amended or revoked by the written agreement executed by all of the parties hereto. d. This Agreement shall be governed by the laws of the State of Texas and is specifically performable in Collin County, Texas. e. Any notice required or permitted to be given under this agreement shall be deemed delivered by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other address as any part hereto might specify in writing: WEDC: Mr. Samuel D. R. Satterwhite Executive Director Wylie Economic Development Corporation 250 South State Highway 78 Wylie, Texas 75098 With copy to: Abernathy Roeder Boyd & Joplin P.C. 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Attention: Mr. G. Randal Hullett COMPANY: B & B Theatres Operating Company, Inc. 2101 W. Kansas Street Liberty, MO 64068 Attn: By the execution hereof, each signatory hereto represents and affirms that he is acting on behalf of the party indicated, that such party has taken all action necessary to authorize the execution and delivery of the Agreement and that the same is a binding obligation on such party. Page 8 of 12 599629v5 WEDC BOARD APPROVED this day of , 2011. WEDC: WYLIE ECONOMIC DEVELOPMENT CORPORATION By: Marvin Fuller, President Dated: COMPANY: B & B THEATRES OPERATING COMPANY, INC., a Missouri corporation By: Name: Title: Dated: Page 9 of 12 599629v5 EXHIBIT A (The Property) Page 10 of 12 599629v5 EXHIBIT B (The Qualified Infrastructure) Page 11 of 12 599629v5 EXHIBIT C Waiver of Sales Tax Confidentiality Date: I authorize the Comptroller of Public Accounts to release sales tax information pertaining to the taxpayer indicated below to the City of Wylie. I understand that this waiver applies only to our retail store located in Please print or type the following information as shown on your Texas Sales and Use Tax permit: Name of Taxpayer Listed on Texas Sales Tax Permit Name Under Which Taxpayer is Doing Business (d/b/a or Outlet Name) Taxpayer Mailing Address Physical Location of Business Permitted for Sales Tax in Wylie, Texas Texas Taxpayer ID Number Authorized Signature* Printed Name of Authorized Signature Position of Authorized Signature Phone Number of Authorized Signature * The authorized signature must be an owner, officer, director, partner, or agent authorized to sign a Texas Sales Tax Return. If you have any questions concerning this waiver of confidentiality, please contact the Texas Comptroller of Public Accounts at 1 (800) 531-5441. Page 12 of 12 529403-3 Wylie City Council CITY OF VVYLIE AGENDA REPORT Meeting Date: 12-13-11 Item Number: 6. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 12-6-11 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, approval of an Impact Fee Agreement between the City of Wylie and PM Realty Group. Recommendation Motion to approve an Impact Fee Agreement between the City of Wylie and PM Realty Group. Discussion PM Realty Group proposes the construction of a 51,878 square foot medical office building. The estimated investment in the land, real property improvements, and personal property is $9.1 million. The Wylie community has been asked to fund improvements to the median on F.M. 544 providing west bound traffic direct access to the site, bury overhead lines fronting the PM Realty site, and reduce the thoroughfare impact fees attributed to the new construction. Through a Performance Agreement (as attached) with the PM Realty, the Wylie Economic Development Corporation (WEDC) will fund all improvements to the median. Engineering has been quoted at $14,000 with construction estimated at $109,835. The WEDC has expanded the scope of the design and construction to accommodate an east bound turn lane into the 19 acre tract owned by the City of Wylie directly across from the PM Realty site. While there is no time frame identified for sale/development of the City property, the savings in mobilization alone were enough for the WEDC Board to commit to fund the two-way median improvements. Construction cost of the median should also come down when the project is competitively bid. The WEDC is currently negotiating with Oncor Electric for the burial of overhead lines adjacent to the PM site. It is the WEDC's intent to bury all lines from Sanden Boulevard to Muddy Creek but it may be cost prohibitive to do so. The current estimate for burial is $289,000 for Oncor lines alone with Time Warner estimates not available at this time. Discussions are currently taking place with Oncor which may greatly reduce the WEDC's financial outlay or provide a funding scenario which extends the time frame for payment. While the WEDC cannot go into further detail on these issues, staff will keep the Council appraised on the progress of negotiations. Attached for the Council's review is an Impact Fee Agreement which reduces the Thoroughfare Impact Fees from $234,147.80 to $40,000. Based upon a $9.1 million investment, estimated property taxes paid to the City of Wylie and WISD, and the above improvements/reduced Thoroughfare Impact Fees, the return on investment to the community is 4.4 years. This figure does not reflect the impact to sales tax from employees and customers or to the housing market. Further, the calculation only factors in the current investment and not the Page 1 of 2 ancillary development to the east and west of the PM site but also its impact on the City of Wylie commercial property to the north. Approved By Initial Date Department Director SS 12-6-11 City Manager II II 1 - -11 IMPACT FEE AGREEMENT (PM Realty Group Property) THIS IMPACT FEE AGREEMENT ("Agreement")is made and entered into as of this day of , 2011, by and among, the CITY OF WYLIE, TEXAS, a Texas home-rule municipality ("City"), and PM REALTY GROUP, LP, a Texas limited partnership ("Developer"), on the terms and conditions hereinafter set forth. WITNESSETH: WHEREAS, Developer is acquiring approximately 3.33 acres of land located at the intersection of F.M. 544 and Sanden Boulevard in the City of Wylie, Collin County, Texas, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference ("Property"); and WHEREAS, the Developer has requested financial and/or economic assistance from the WYLIE ECONOMIC DEVELOPMENT CORPORATION ("WEDC") to plan and construct certain infrastructure improvements to assist in the development of the Property for a 51,000 square foot medical office building to support physicians and related services affiliated with the Tenet Healthcare system (the"Facility"); and WHEREAS, the Developer is entering into a Performance Agreement with the WEDC for the construction of certain qualified infrastructure improvements as described therein; and WHEREAS, Developer is obligated to pay thoroughfare impact fees on the Property as described in Ordinance No. 2009-12, as amended ("Impact Fee Ordinance"); and WHEREAS, in consideration of Developer acquiring the Property, constructing the Facility and the offsite improvements, City has agreed to grant Developer thoroughfare impact fee credits as described herein; and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, City and Developer agree as follows: 1. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents that it will be the sole owner of the Property. 2. Improvements. Developer shall acquire the Property and cause the construction of the Facility to commence on or before June 1, 2012; and 3. Thoroughfare Impact Fees. The thoroughfare impact fees due on the Property under the Impact Fee Ordinance are Two-Hundred Thirty Four Thousand, One Hundred Forty- Seven and 80/100 Dollars ($234,147.80) ("Thoroughfare Impact Fees"). This Agreement shall only apply to thoroughfare impact fees due on the Property under the Impact Fee Ordinance. Developer has requested that City provide a partial credit of the Thoroughfare Impact Fees in the amount of One Hundred Ninety Four Thousand, One Hundred Eighty-Seven and 80/100 Dollars IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Realty Group Property) Page 1 of 6 599970 ($194,187.80) ("Credit"). Contingent upon the requirements provided for herein, City agrees to apply the Credit toward the Thoroughfare Impact Fees due on the Property. Developer agrees to tender to City the remaining Thoroughfare Impact Fees owed on the Property when due under the Ordinance. 4. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that City shall not, under any circumstance, be required to tender, provide a credit and/or be liable to Developer for, any reimbursement of, credit and/or payment of any monies with regard to the matters set forth herein, save and except as provided in Paragraph 3 above. 5. Covenant Running with Land. This Agreement shall be a covenant running with the land and the Property and shall be binding upon Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. 6. Limitations of Agreement. The parties hereto acknowledge that this Agreement is limited to the matters specifically addressed herein. City ordinances covering property taxes, utility rates, permit fees, inspection fees, development fees, impact fees for water and sewer, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to City under any ordinance, whether now existing or in the future arising. 7. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to all ordinances of City, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a"permit" as defined in Chapter 245, Texas Local Government Code, and nothing in this Agreement provides City with fair notice of any Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE RELATED TO THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of City and the authorized representative of Developer. 9. Developer's Warranties/Representations. All warranties, representations and covenants made by Developer in this Agreement or in any certificate or other instrument delivered by Developer to City under this Agreement shall be considered to have been relied upon by City and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by City or on City's behalf. 10. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Realty Group Property) Page 2 of 6 599970 11. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. 12. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 13. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 14. Authority to Execute. This individuals executing this Agreement on behalf of the respective party below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 15. Savings/Severability. In case one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 16. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 17. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 18. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 19. Assignment/Binding Effect. This Agreement may not be assigned by the Developer (except to an entity or an affiliate that is owned and controlled by the Company or its principals)without the prior written consent of City. 20. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon Developer, and its officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Realty Group Property) Page 3 of 6 599970 21. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to become effective on the latest day as reflected by the signatures below. CITY: DEVELOPER: CITY OF WYLIE, TEXAS PM REALTY GROUP, LP By: By: Mindy Manson, City Manager Name: Title: Date: Date: IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Realty Group Property) Page 4 of 6 599970 STATE OF TEXAS: § COUNTY OF COLLIN: § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me that she is the duly authorized representative for the CITY OF WYLIE, TEXAS, and she executed said instrument for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2011. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS: § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared , the of PM Realty Group, a known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated on behalf of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2011. Notary Public in and for the State of Texas My Commission Expires: IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Realty Group Property) Page 5 of 6 599970 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Realty Group Property) Page 6 of 6 599970 PERFORMANCE AGREEMENT Between WYLIE ECONOMIC DEVELOPMENT CORPORATION And PM REALTY GROUP, LP This Performance Agreement(this"Agreement")is made and entered into by and between the Wylie Economic Development Corporation (the "WEDC"), a Texas corporation organized and existing under Chapter 501 of the Texas Local Government Code, known as the Development Corporation Act, as amended from time to time (the "Act") and PM Realty Group, LP, a Texas limited partnership (the "Company"). RECITALS WHEREAS, the Company proposes to acquire that certain tract of property located within the corporate limits of the City of Wylie, Texas (the"City"), consisting of approximately 3.33 acres, located at the intersection of F.M. 544 and Sanden Boulevard, as more fully described in the attached Exhibit A (the "Property"); and WHEREAS, the Company has requested financial and/or economic assistance from the WEDC to plan and construct certain infrastructure improvements to assist in the development of the Property for a 51,000 square foot medical office building to support physicians and related services affiliated with the Tenet Healthcare system (the "Facility"); WHEREAS, Section 501.103 of the Act states that the WEDC may provide funding for expenditures that are found by the Board of Directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements (the "Qualified Infrastructure"). Qualified Infrastructure does not include temporary infrastructure improvements or traffic signals; and WHEREAS, the WEDC desires to provide economic incentives to Company in the form of construction of Qualified Infrastructure which will include public infrastructure improvements and site improvements necessary for the development of the Property and which will benefit the surrounding properties. The WEDC proposes to construct a median break on F.M. 544 to be aligned with the westernmost entrance of the Property and to have buried all overhead utilities on F.M. 544 from the eastern boundary of the Property to Muddy Creek, as generally described in the attached Exhibit B; and WHEREAS, the WEDC has found that the Qualified Infrastructure is necessary to promote or develop new or expanded business enterprises in the City and the WEDC has concluded that the Qualified Infrastructure constitutes a"project", as that term is defined in the Act, and is willing to provide Company with economic assistance as hereinafter set forth on the terms and subject to the conditions as stated herein and Company is willing to accept the same subject to all terms and conditions contained in this Agreement; and Page 1 of 8 599610v3 WHEREAS, the WEDC has determined that it is in the best interest of the public and the City and promotes the purposes authorized by the voters of the City of Wylie for which the WEDC was established to encourage the development and use of industrial and business properties within the City; and WHEREAS, the WEDC is willing to provide the Company with economic assistance hereinafter set forth on the terms and subject to the conditions as stated herein and Company is willing to accept the same subject to all terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the WEDC and Company agree as follows: I. Economic Assistance. Subject to the terms of this Agreement, the WEDC will provide Company economic assistance in the form of a Performance Economic Incentive ("Economic Incentive")with its construction of the Qualified Infrastructure improvements as outlined in Exhibit B. Upon meeting the qualifications and requirements (the"Performance Requirements"), the Company shall be entitled to the following Economic Incentive: Economic Incentive and Performance Requirements Schedule: Economic Performance Requirement WEDC Eligibility Incentive Economic Period Number Incentive Expiration Date No. 1 Purchase Property; and initiate Construct the construction of the Facility;. Qualified Infrastructure June 1 2013 shown on Exhibit B II. Requirements for each Economic Incentive. a. An Economic Incentive will be provided by constructing the Qualified Infrastructure shown on Exhibit B by June 1, 2013, upon completion of the following Performance Requirements for Incentive No. 1: 1) Documentation of Company's purchase of the Property on or before June 1, 2012; and 2) Documentation of the issuance of a building permit by the City of Wylie and written confirmation from the Company's lender reasonably satisfactory to WEDC that adequate financing for the construction of the Facility is in place on or before June 1, 2012; and Page 2 of 8 599610v3 3) Compliance documentation shall be submitted as required below in Article III, General Provisions (b). For the purposes of this Agreement, "square feet" is defined as the actual square footage in the premises owned by the Company. III. General Provisions. a. Term of the Agreement: The term of this Agreement shall begin on the date of execution by the WEDC and will expire the earlier of(i)the completion of the Qualified Infrastructure, or(ii) on June 1, 2013, or as otherwise provided within the Agreement. Notwithstanding the above, if the Company fails to execute and deliver this Agreement to the WEDC on or before 5:00 p. m. on the thirtieth (30th) day following the date of approval by the WEDC, this Agreement shall be null and void. b. Submittal of Performance Documentation: Supporting documents must be submitted in a format acceptable to the WEDC not more than thirty (30) days from the Eligibility Period Expiration Date for each Economic Incentive. c. Verification and Compliance: The Company will certify and provide, to the extent necessary, Company records, documents, agreements, construction contracts both at the prime and sub-contractor level, and other instruments in furtherance of the following purposes: (i)to insure Company's compliance with the affirmative covenants as set forth within the Performance Agreement; (ii)to determine the existence of an event of default; (iii)to insure compliance with any terms or conditions set forth in the Agreement or related documents. Company will provide reports certifying the status of compliance and any other relevant information until the termination of the Agreement. d. Payment of Economic Incentives: Subject to the terms of this Agreement, the WEDC shall begin construction of the Qualified Infrastructure shown on Exhibit B within forty-five (45) days of receipt of the required documentation from the Company, subject to verification by the WEDC that the Performance Requirements have been met or exceeded by the Company. e. Non-Attainment of Performance Requirements: In the event the Company does not meet or exceed the Performance Requirements as specified in Section II, the WEDC Economic Incentive will be either voided or reduced at the sole discretion of the WEDC Board of Directors. After the Expiration Date of an Eligibility Period, the Company will not be eligible to receive any portion of the Economic Incentive. f Employee Hiring, Materials and Supplies Purchase: Although not an event of default or a condition to this Agreement, WEDC requests that the Company endeavor to satisfy its need for all additional employees from Wylie residents and purchase all materials, supplies and services necessary to affect the occupancy of the leased office Page 3 of 8 599610v3 space from Wylie merchants and businesses. The Company will use reasonable efforts to place Company-managed hotel room nights, related to the Company's business, at hotel facilities located in the City whenever practicable. g. Community Involvement: Although not an event of default or condition of any advance hereunder, the Company agrees to endeavor to actively participate in community and charitable organizations and/or activities, the purpose of which are to improve the quality of life in the City of Wylie, Texas, and to actively encourage its employees to be involved in such organizations and/or activities. h. Non-Payment of Economic Incentives: Notwithstanding anything herein to the contrary, WEDC shall have no obligation to provide the Economic Incentive if the Company becomes insolvent, makes material false statements, fails to pay municipal payments or files suit against the City and/or the WEDC, or otherwise defaults under the terms of this Agreement. i. Notification Obligations: The Company shall notify the WEDC in writing of any material changes in the Company ownership or management within thirty (30) days of any such change. j. Termination of Economic Assistance: This Agreement may be terminated (1)by mutual written consent of the parties or(2)by either party upon the failure of the other party to fulfill an obligation as set forth in this Agreement. Regardless of Company's level of attainment of the Performance Requirements as set forth in this Agreement, the WEDC's obligation to provide a portion or all of the Economic Incentive to the Company will expire thirty (30) days following the Eligibility Period Expiration Date of the Economic Incentive, except in the event that the Company has fully complied with the Performance Requirements for such unpaid Economic Incentive, including reasonable compliance with the documentation requirements set forth herein. IV. Miscellaneous. a. This Agreement shall inure to the benefit of the parties hereto and shall not be assignable by Company without the prior written consent of the WEDC (except to an entity or an affiliate that is owned and controlled by the Company or its principals), which consent may be withheld by the WEDC in its sole and absolute discretion. b. This Agreement shall be construed according to the laws of the State of Texas and is subject to all provisions of the Act, which are incorporated herein by reference for all purposes. In the event any provision of the Agreement is in conflict with the Act, the Act shall prevail. c. This Agreement contains the entire agreement of the parties regarding the within subject matter and may only be amended or revoked by the written agreement executed by all of the parties hereto. d. This Agreement shall be governed by the laws of the State of Texas and is specifically performable in Collin County, Texas. Page 4 of 8 599610v3 e. Any notice required or permitted to be given under this agreement shall be deemed delivered by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other address as any part hereto might specify in writing: WEDC: Mr. Samuel D. R. Satterwhite Executive Director Wylie Economic Development Corporation 250 South State Highway 78 Wylie, Texas 75098 With copy to: Abernathy Roeder Boyd & Joplin P.C. 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Attention: Mr. G. Randal Hullett COMPANY: PM Realty Group, LP Attn: By the execution hereof, each signatory hereto represents and affirms that he is acting on behalf of the party indicated, that such party has taken all action necessary to authorize the execution and delivery of the Agreement and that the same is a binding obligation on such party. WEDC BOARD APPROVED this day of , 2011. WEDC: WYLIE ECONOMIC DEVELOPMENT CORPORATION By: Marvin Fuller, President Dated: Page 5 of 8 599610v3 COMPANY: PM REALTY GROUP, LP By: Name: Title: Dated: Page 6 of 8 599610v3 EXHIBIT A (The Property) Page 7 of 8 599610v3 EXHIBIT B (The Qualified Infrastructure) Page 8 of 8 599610v3 Woodbridge Parkway at SH 78 Crossing $ 357,749.37 $ - $ - $ 357,749.37 $ 357,749.37 $ - $ - KCS Grade Crossing Warning Devices $ 399,492.88 $ - $ - $ 399,492.88 $ 399,492.88 $ - $ - KCS Concrete Crossing&Subgrade preparation $ 185,013.00 $ - $ - $ 185,013.00 $ 185,013.00 $ - $ - Woodbridge Parkway Phase 1 $ 931,762.88 $ - $ - $ 931,762.88 $ 931,762.88 $ - $ - Woodbridge Parkway Phase 2 $ 1,246,710.92 $ - $ - $ 1,246,710.92 $ - $ - $ 1,246,710.92 -- BRIDGE(Original 2003 Bond Project)- Woodbridge Parkway-Maxwell Creek Bridge Construction Costs $ 1,020,977.00 $ 1,020,977.00 BRIDGE(Original 2003 Bond Project)- Woodbridge Parkway-Maxwell Creek Bridge Soft Costs $ 972,660.00 $ 603,340.00 $ - $ 552,784.25 $ - $ 351,750.00 $ 485,762.75 $ 620,910.00 North Woodbridge Parkway from Hensley Road south to proposed bridge over Maxwell Creek 1$ 3,372,643.00 $ 3,372,643.00 $ - $ - $ - $ 3,372,643.00 TOTAL: $ 8,487,009.05 $ 3,975,983.00 $ - 1$ 3,673,513.30 $ 1,874,018.13 $ 351,750.00 $ 485,762.75 $ 6,261,240.92 NOTES: 'Sachhe's has an existing Developer's Agreement requiring the Developer to deliver these projects. The Developer controls the timing and project delivery method. Sachse can committ to deliverying these phases in the short term,but not to providing funds for an alternate delivery method. 'The porportion of funding responsibility for the BRIDGE to be contributed by each entity(Collin County,Sachse,Wylie)has not been resolved at this time. Sasche's has a developer agreement for their portion of the project but there is no timing asscoaited with the payment in the agreement.As per email from developer there is$1,874,018.13 equivalent funding avail.Now. Wylie has no funding available currently but will be addressing City council in Mid Decemeber to determine if they have funding avail. Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: 12-13-11 Item Number: Work Session Department: WEDC (City Secretary's Use Only) Sam Satterwhite/Chris Prepared By: Hoisted Account Code: Date Prepared: 12-5-11 Budgeted Amount: Exhibits: 1 Subject Presentation of funding issues surrounding the extension of Woodbridge Parkway. Recommendation Staff is seeking direction from the City Council regarding WEDC funding for the extension of Woodbridge Parkway as well as parameters for an interlocal agreement between the City of Wylie and WEDC relating to thoroughfare impact fee reimbursements. Discussion For the past six months, the City Engineer has been involved in negotiations between the cities of Sachse and Wylie, Herzog Development Corporation, and Collin County for the extension of Woodbridge Parkway from Hensley Lane in Wylie to State Highway 78 in Sachse. The contemplated 4-lane design also includes the construction of a bridge adjacent to North Texas Municipal Water District (NTMWD) property. Several commercial projects in Wylie and Sachse have accelerated the need for the extension and has prompted Collin County officials to take a more active role in the project. The bridge over Maxwell Creek (Hooper Road) was originally included in the 2003 Collin County Bond program. The bridge was estimated to be 150' long and the project cost was estimated at $1,138,500 with the County funding half of the project ($569,500) and the Cities of Sachse and Wylie funding 25% of the project ($284,625 each). The City of Wylie contracted with Kimley-Horn and Associates for the design of the project which was funded by Collin County. Various alignments for the bridge and roadway were considered before the current alignment was recommended. The factors considered in determining the alignment were the location with respect to adjacent property owners, the location of the NTMWD landfill, approval from the National Resource Conservation Service, approval from FEMA, and approval from the Army Corps of Engineers. We are still waiting on final approval from the Corps but expect it within the next 60 days. While in 2003 it was originally estimated that the bridge improvements were 50% in Wylie and 50% in Sachse, the above factors caused the bridge to be located 27% in Wylie and 73% in Sachse. Multiple phases of the project have been identified and are outlined below: Woodbridge Parkway at SH 78 Crossing - $357,749.37. Sachse responsibility and funded by Developer's Agreement. KCS Grade Crossing Warning Devices - $399,492.88. Sachse responsibility and funded by Developer's Page 1 of 2 Agreement. KCS Concrete Crossing and Subgrade - $185,013. Sachse responsibility and funded by Developer's Agreement. Woodbridge Parkway Phase 1 —$931,763. Sachse responsibility and funded by Developer's Agreement. Woodbridge Parkway Phase 2 - $1,246,711. Sachse responsibility. No funding in place at this time. Bridge Construction Cost - $1,020,977. Sachse and Wylie responsibility. 27.3% of the bridge is located in the City Limits of Wylie which equals $278,727. Bridge Soft Cost - $1,190,160. Sachse and Wylie responsibility. Cost include engineering fees, geotechnical, wetlands mitigation, testing, franchise utility relocation, right of way acquisition, TCEQ fee, and cost for retail land lost due to compensatory grading. 27.3% of the bridge is located in the city limits of Wylie which equals $324,914. North Woodbridge Parkway - $3,372,643. Wylie responsibility. Construction of 4-lanes of Woodbridge Parkway from Hensley Road south to the bridge. Wylie's share for the project totals $3,976,284 and at this time no funding has been identified. As indicated earlier, Collin County has taken an interest in this project with Commissioner Williams proposing an increased role from its commitment in 2003. Prior to any formal request to the Commissioners Court, the County has requested that the cities of Sachse and Wylie represent their funding source for at least 50% of the improvements within their jurisdiction. WEDC staff is proposing joint funding of the project with the WEDC taking the lead in financing the project and the City of Wylie contributing as thoroughfare impact fees are accumulated in the west zone. Assuming the County's participation at 50%, the WEDC could finance $2 million over 10 years. With an estimated $700,000 collected in thoroughfare impact fees for two active projects on Woodbridge Parkway, the City Council could choose to commit $350,000 initially to the construction project and immediately reduce the debt load on the WEDC. Staff references only 50% of the anticipated thoroughfare impact fees because the balance is committed to Herzog Development Corporation via a previous Reimbursement Agreement. Further, staff only mentions the two active projects and their impact fees because if the City was not pursuing these projects,the road funding would not be as urgent an issue. Staff also proposes that all future thoroughfare impact fees generated along Woodbridge Parkway be dedicated to WEDC debt reduction. The WEDC Board of Directors met on 12-9-11 with unanimous support for WEDC funding of the proposed Woodbridge Parkway improvements and the development of an interlocal funding agreement. Approved By Initial Date Department Director SS 12-5-11 City Manager LOCATION MAP an*..—z ,, ,,,,,4,„:, :, a.r:s!::\ r;.," iy g of n, o �t )i - / IIWoodbridge Parkway-Maxwell Creek Bridget X' Connect to Existing Concrete 7�` — ,,, ,, Pavement Southbound Lanes, a � n F tLL srr i\V B �n rzo Sow vn.ea(m t vo r ` e Woodbridge Parkway Phase 2 rT '� ,,oa..: �., I e,t, _ „ .� "" """ """""" m Conned to ExistingConcrete cc 1 o '�I r ' a Pavement Northbound Lanes tilt"r , pi,I; f 19,, North Woodbridge Parkway from Hensley Road ' it'J `' ' kc� ' south to proposed bridge over Maxwell Creek F Woodbridge Parkway Phase 1] n r r` a iii r Yi ./ES f//// ( S E a` y��\ [Woodbridge Parkway&SH 78 Crossing\ s KCS Concrete Crossing&Subgrade Preparatn s x .fc :: \. KCS Grade Crossing 7aeios = a ,,EFT\ i §i 1uf1