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09-10-1996 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex September 10, 1996 7:00 p.m. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE PROCLAMATIONS Proclamation Declaring September 17-23, 1996 as U. S. Constitution Week- Sponsored by Daughters of the American Revolution Proclamation Declaring September 1996 as PTA Month in Public Schools Proclamation Declaring August through May (1996-1997 WISD School Year) as "Celebrate Character" PRESENTATION Presentation by TCI Cablevision PUBLIC HEARINGS 1. Public Hearing to Receive Public Comment on the Proposed Tax Rate and Operating Budget for Fiscal Year 1996-1997 2. First Public Hearing for the Annexation of 47.21 acres located in the Richard Newman Survey, Abstract No. 1072 in Dallas County, Texas and owned by C. J. and Hortense Thomsen 3. Public Hearing and Act Upon Zone Change Request by Ron Heffner from "R" Retail to "B-1" Business District for the Property Located at 202 S. Ballard, Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B in the Railroad Addition ACTION ITEMS 4. Consider and Act Upon Approval of the Final Payment to East Texas Construction Company for Work Completed in the Premier Business ParK 5. Consider and Act Upon Authorizing the City Manager to Enter Into a Contract with J. D. Schick Contractors for the Renovation of the Community Center Not to Exceed an Amount By Council STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 6. Hold Executive Session Under Section 551.071 Consultation with Attorney and 551.075 Conference With Employees To Receive Information and Question Employees Regarding Pending Litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District 7. Hold Executive Session Under Section 551.072 Deliberations about Real Property Concerning the Knickerbocker Project Negotiations with the Wylie Economic Development Corporation and the City of Wylie ADJOURNMENT Posted on this the 6th day of September at 5:00 p.m. 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 442-8100 OR TDD 442-8170 OFFICE OF THE MAYOR OF THE CITY OF WYLIE Proclamation WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and - WHEREAS, It is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to effectively support, preserve and defend it against all enemies; and WHEREAS, the anniversary of the Signing of the Constitution provides an historic opportunity for all Americans to remember the achievements of the Framers of the Constitution and the rights, privileges, and responsibilities they afforded us in this unique document; and WHEREAS, The independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the President of the United States of America in accordance with Public Law 915, now THEREFORE, I, by virtue of the authority vested in me as Mayor of the City of Wylie, do hereby proclaim September 17 - 23, 1996 as CONSTITUTION WEEK and urge all citizens to reflect during that week on the many benefits of our Federal Constitution and the and the privileges and responsibilities of American citizenship. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Wylie, to be affixed this the day of September, 1996. JAMES SWARTZ, MAYOR PROCLAMATION WHEREAS, Texas PTA, established in 1909, is the largest child-advocacy organization in the state with nearly 800,000 members; and WHEREAS, Texas PTA has worked hard to develop legislation that will help parents and the community become involved in education; and WHEREAS, the PTA continues to fulfill its mission to support and speak on behalf of children and youth in the schools, assist parents in developing the skills they need to raise and protect their children and encourage parent and public involvement in the schools of this nation. WHEREAS, during September, the community and parents can show their concurrence by joining the PTA units in Wylie; and NOW, THEREFORE BE IT RESOLVED THAT the month of SEPTEMBER, 1996 is declared "PTA MONTH" DULY PROCLAIMED THIS THE 10th DAY OF SEPTEMBER, 1996. James D. Swartz,Mayor PROCLAMATION Whereas, the Wylie Independent School District is an integral part of the quality of our community; and Whereas, we believe the students of today will be the leaders of our community tomorrow; and • Whereas, the Wylie Independent School District is preparing these students to lead us into the future; and Whereas, the concept of Celebrate Character is being introduced to all of the Wylie Schools and is being encouraged to be practiced at home, in the community as well as in the classrooms; and Whereas, the citizens of Wylie are encouraged to exhibit Responsibility, Respect, Self-Discipline, Honesty, Integrity and Accountability throughout the year so that the students will have outstanding examples of character. I, James D. Swartz, Mayor of the City of Wylie do hereby proclaim the months of August through May as CELEBRATE CHARACTER and urge all citizens to make a commitment to the future of the Wylie Independent School District by celebrating character. Signed this 10th day of September, 1996. James D. Swartz Mayor of the City of Wylie Y I City Council ffgenda Communication for September ' 0, 199b LI Presentation by ICI Cable Issue This item is for informational purposes only. No formal action is required. Background TCI Cablevision of North Texas (TCI) has been asked to make a presentation to the City Council and will be represented by Jo Ann Holtzclaw, General Manager. The purpose of the Company's appearance will be to allow TCI to discuss any future rate, service or programming changes and to provide City Council members and Citizens an opportunity to address any specific issues of interest or concern. Legal Consideration The City of Wylie entered into a Franchise Agreement (Agreement) with TCI, effective February 12, 1991, Ordinance No 91-4. The term of the franchise is twenty-five (25) years. Section Ill of the Agreement establishes the "Standards of Service", which deals specifically with construction, rights-of-way, grantee's equipment use, and safety requirements. The important point to be made is that the "Standards of Service" do not address any programming or numbers of channel related issues. Section IV deals with the Regulation by the Franchise Authority, specifically the Franchise Fee, Rates and Charges, Renewal of Franchise, and other related issues. Simply stated, the Federal Communications Commission (FCC) establishes the local authority regarding rates charged by the cable provider. Rates are established consistent with FCC Form 1240. Consistent with this form's guidelines, rates can be adjusted annually and allows for recovery of past, present, and future external costs, anticipated inflation and other service related costs. The FCC has established this rate structure. The latest rate adjustment was effective June 1, 1996. Attached is a table (attachment A) identifying specific service and rate adjustments. A table (attachment B) has been prepared to compare rates for service charged in the City of Wylie with surrounding TCI customer cities. The difficulty in comparing costs or drawing any conclusions is establishing a consistent basis of comparison. A pertinent issue to address might be that the City of Wylie is almost thirty-five (35%) percent built out, how do the costs paid currently by resident customers relate to service expansion in the future. Does the City of Wylie have opportunities for technologies to be developed/installed that built out cities do not? Financial Considerations TCI pays the City of Wylie a franchise fee equal to five (5%) percent of the Gross Revenues received by Grantee from the operation of the cable system on an annual basis. FY96 total is $31,494.37. TCI Cablevision Fees No. of Subscribers No. of Channels Addison-TCl/647-5730 Basic Service $12.10 Information Unavailable Expanded Service $12.15 Allen-TCI Basic $12.88 33,445* 18 Expanded $10.22 32,070* 33 Flower Mound-TCI Basic $10.33 33,445* 17 Expanded $11.12 32,070* 33 Frisco-TCI Basic $10.75 33 445* 18 Expanded $10.07 32,070* 33 Garland-TCl/840-2288 Basic $11.41 Information Unavailable 20 Expanded $13.24 41 McKinney-TCI Basic $11.15 1,847 18 Expanded $12.71 1,755 33 Mesquite-TCl/328-5000/328-2882 Basic $11.91 Information Unavailable 37 Expanded $14.94 41 Plano/Richardson-TCl/578-7573 Basic $10.49 61,000** 40 Expanded $17.12 110 Carrollton-TCl/647-5730 Basic $12.43 w/c/b 18 Expanded $10.74 33 Wylie-TCl/727-5730 Basic $10.23 1,321 12 Expanded $11.73 29 * Combined Communities of Allen, Flower Mound& Frisco ** Combined Communities of Plano & Richardson TCI Cablevision of North Texas Rate Adjustments - June 1, 1996 Before 6/1/96 Increase New Rate as of 6/1/96 Basic Service $ 9.69 $ .54 $10.23 Expanded Service $10.08 $ 1.65 $11.73 Standard Converters $ 1.35 $ 1.01 $ 2.36 Addressable Converters $ 3.29 $ .21 $ 3.50 Installation Prewired Home $15.11 $ 1.00 $16.11 Unwired Home $30.21 $ 2.00 $32.21 W li ye City Council #1 agenda Communication for September 10, 1996 Public Tearing for Proposed Tax Rate and 1996-1997 Operating Budget Issue Hold a Public Hearing to allow for citizen comment on the Proposed Tax Rate and the Fiscal Year 1996-97 Annual Operating Budget. Background This hearing will complete the requirements necessary for the City to be in compliance with the "Truth-in-Taxation" laws. For a more detailed discussion of the tax law requirements see the "Background" section of the attached Item #8 from the August 13, 1996 City Council meeting. The hearing will give the public an opportunity to comment on the tax rate and the budget. The proposed Fiscal Year 1996-97 Annual Operating Budget has been available to the Council and Public since August 20, 1996. Copies of this budget have been available at the City Secretary's office, the Library, Finance, and copies have been provided to the Wylie News, Garland News, and the Dallas Morning News. Legal Considerations The City is required by law to follow certain meeting and notice (publications) guidelines as shown on the calendar excerpt from the "Truth-in-Taxation" guide included in the attached copy of Item #8. This is the required hearing that was scheduled by the City Council at the August 13,1996 meeting. Financial Considerations The tax rate proposed will generate new levies of $2,062,360 to the General Fund and $559,000 to the Debt Service Fund. For all budgeted funds, the projected totals for revenues and expenditures are $12,543,460 and $13,815,720 respectively. Projected budgeted expenditures will be $1,272,260 greater than budgeted revenues for all funds. The $1,272,260 spending in excess of revenues is due to expenditures of bond funds for capital projects and there is no deficit spending in the City's operating funds. The General Fund expenditures are $780 greater than revenues and this will result in a decrease to fund balance by that amount. The Utility Fund will have an increase in fund balance (working capital) of $50,930. Board/Commission Recommendation N/A Staff Recommendation No Council action is required other than to give the public an opportunity to comment on the proposed Tax Rate and Annual Budget. Attachments Agenda Communication Item #8 from August 13, 1996 TRJ.1, Prepared By Finance Dept. proval City Manager Approval ./...-- Wyie city council # Figenda>Communication for August 13, 1996 Meeting to Discuss did Valorem Tax Rate and Take Record Vote ,jmamumm:;:..mumm......m.umi....i..m........a.mimmvmummominm.. Issue Discuss and consider the proposed ad valorem tax rate for the tax year 1996. The proposed tax rate requires that a public hearing be scheduled at this time. A vote must also be taken and the results published in the Wylie News in a notice entitled "Notice of Public Hearing on Tax Increase." Background In accordance with the "Truth-in-Taxation" laws of the State of Texas, notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds the lower of the effective tax rate times 1.03 or the rollback rate as determined by the effective tax rate calculation. The City's proposed tax rate is .665 which exceeds the effective tax rate (.62944) times 1.03 (.64832) but does not exceed the rollback tax rate of .66671. Therefore, the City is required to vote on the tax rate and publish the vote results prior to an additional scheduled public hearing. The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector (Kenneth Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and the public to view. The additional public hearing must be at least three to fourteen days prior to the adoption of this tax rate. Financial Considerations The proposed budget is based on the proposed tax rate of .665 per $100 valuation. This is within the rate previously discussed by council. Any change in the proposed tax rate will require revision of the proposed budget. Legal Considerations The City is required by law to follow certain meeting and notice (publication) guidelines as shown on the attached calendar excerpt from the "Truth-in-Taxation" guide. Staff Recommendations The staff recommends that Council vote on the proposed tax rate and schedule the required public hearing on the tax increase. Attachments Resolution Reporting Record Vote 1996 Planning Calendar from the "Truth-in-Taxation" guide 1996 Budget Calendar "Notice of Effective Tax Rate" as it appeared in the August 7, 1996 Wylie News Sample "Notice of Public Hearing on Tax Increase" Sample "Notice of Vote on Tax Rate" 414-41y (74/1.. W\ CP-kJ/A.4 Prepared byFinance Dir. A vaI City Mgr. Approval P P RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 1996-1997; ACCEPTING THE CALCULATION OF AN EFFECTIVE TAX RATE; ESTABLISHING A DATE FOR PUBLIC HEARING ON THE PROPOSED PROPERTY TAX RATE; AND PROVIDING FOR THE PUBLICATION AS PROVIDED BY THE TEXAS PROPERTY TAX CODE WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the Central Appraisal District of Collin County; and WHEREAS, such effective tax rate multiplied by 1.03 is .64832 which by Statute requires an additional public hearing in order to entitle the City Council to consider acceptance and adoption of an ordinance levying a proposed property tax rate of.665 per$100 (ONE HUNDRED) dollars valuation; and WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides for specific procedures in which to consider the proposed tax rate NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie, that: SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of .665 per$100 (ONE HUNDRED) dollars valuation as the proposed property tax rate for fiscal year 1996-1997. SECTION 2. That Council met in public meeting on August 13, 1996 and accepted this resolution with a majority vote as follows: Mayor Jim Swartz YEA NAY ABSTAIN ABSENT Councilmember Reta Allen YEA NAY ABSTAIN ABSENT Councilmember Joel Scott YEA NAY ABSTAIN ABSENT Councilmember John Mondy YEA NAY ABSTAIN ABSENT Councilmember J.C. Worley YEA NAY ABSTAIN ABSENT Councilmember Cleo Adams YEA NAY ABSTAIN ABSENT Councilmember Wanda Sparks YEA NAY ABSTAIN ABSENT SECTION 3. That public hearing shall be held on September 10, 1996 at 7:00 p.m. in the City Council Chambers at the Wylie Municipal Complex, 2000 Hwy 78 North, Wylie, Texas, to receive public comment regarding the proposed tax rate. SECTION 4. That the content and vote taken on this resolution shall be published in the official newspaper of the City as provided by the Texas Property Tax Code. DULY RESOLVED by the City Council of the City of Wylie, Texas on this the 13th day of August, 1996. J I M SWARTZ, MAYOR SUSAN SHULER, CITY SECRETARY 1996 Planning Calendar (For Taxing Unit Use) May Mailing of notices of appraised value by chief appraiser. May 15 Deadline for submitting appraisal records to ARB. July 17 Deadline for commissioner of education to send notice to districts required to equalize wealth. July 22 Deadline for ARB to approve appraisal records. July 25 Deadline for chief appraiser to certify rolls to taxing units. August 5 Certification of anticipated collection rate by collector. July 31 Calculation of effective and rollback tax rates. August 7 Publication of effective and rollback tax rates; schedules and fund balances; submission to governing body. August 9 72-hours notice for meeting (Open Meetings Notice). August 13 Meeting of governing body to discuss tax rate; if proposed tax rate is more than 3 percent above the effective rate or is above the rollback rate, take record vote and schedule public hearing. August 21 "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least seven days before public hearing. September 6 72-hour notice for public hearing (Open Meetings Notice). September 10 Public hearing; schedule and announce meeting to adopt tax rate 3-14 days from this date. September 18 "Notice of Vote on Tax Rate" (2nd quarter-page notice) published before meeting to adopt tax rate. September 20 72-hour notice for meeting at which governing body will adopt tax rate. September 24 Meeting to adopt tax rate 3-14 days after public hearing and by September 1, or as soon after as practicable. School districts subject to an equalized wealth notice must wait to adopt a tax rate until the commissioner certifies the wealth is equalized [Section 41.004(c), Education Code]. Truth-in-Taxation—May 1996 •27 • BUDGET CALENDAR FISCAL YEAR 1996/97 Budget Packets to Departments May 14, 1996 Budget Due in Finance June 7, 1996 Departments Meet with City Manager June 21, 1996 thru June 28, 1996 Preliminary Budget to City Council July 12, 1996 Department Highlights to City Council July 12, 1996 Budget Workshop with City Council July 16, 1996 Received Certified Tax Roll - CAD July 17, 1996 Budget Workshop with City Council July 30, 1996 Budget Workshop with City Council August 6, 1996 Budget Available to Public August 12, 1996 Adopt Budget September 24, 1996 RevisedAugust 5,1996(BUDCAL97) • NOTICE OF EFFECTIVE TAX RATE 1996 PROPERTY TAX RATES IN CITY OF WYLIE Tbie node.conc.K 1996 property tax rates for City of Wy0a It prascats informs/Ma.bout Ides*tax rates.Last year's tax rats Is d..c4ud rats the taxing unit used to d.tamloe property texas last year.Ilia year's effective to rate would impure __ conspire the same total tas.e ea last Tor if you conspire properties wed in both years.This Tees's rolback tax rata Is the bigb..t - - to raw the ruing unit can set before topayen can We tax rollback proc.duns.1a each thus theme a was me f.ml armed by�vid.tare log lbs total amount of taxa by the to tram(tbe toad value of usable property)with adjustments tp by , The rams or.given per 5100 of property value.• - - LAST YEAR'S TAX RATE:• SI,W396 Last year's operating taxes SSa5321 Lest yeai s debt taxes S 596321 1. Loot Tsai a bad taxes SJS2394.31) • Last Tames tax baseOAf500 Last year'.bud tax rat.(pax S100) • THIS YEAR'S EFFECTIVE TAX BAT& • Last year's adjuatsd texas 52.390, ' (oft.-.ubtrcctiag taxed oa lid peop.rty) , - / Thies year's adjusted tax base .:5079,t35319 (after subtrrting value of Kw pop ny) 0.629a1 - This year'.elf...tex raw(per SI00) . s 1.03.maximum rate unitesuo4 pub0ah.. 06tt32 no. and holds bearings(pax S100) . THIS YEAR'S ROLLBACK TAX RATE: • _ Last year's adjusted operating teem(after subtracting taxes - S1,16,093 • - Ms raft property and adjusting for transferred t d!oration) 5371.16319 - - - I s year.djusbd tax base0.Y609 This year's ertxtivc operating rate(pax S100) 00 - x 1.01.this yeses maximum*parting este(per S100) 0.31 - Thi.year'.debt rate(per S 100) 0 0.I126 9I 111 This yea . '.rollback rate(per S100) SCHEDULE A UNE,YCL7.IBERED FUND BALANCES Tbe following estimated bale...will be left In tba unit's property tax accounts at the and of the foal year.Tbw balances . _ are sot encumbered by a*onespoadiag debt obligation - _ • . TYPE OF PROPERTY TAX FUND BALANCE - Muruenenoe I Operations SI,011.600 _ . InterestSI01.920, I Sinking SCHEDULE B "' - 1996 DEBT SERVICE tart r u uad be unit pleas to pay the following amounts fon long./arm debts e secured by property team.These w paid from property to revenues(or additional sales tax wreathes,If applicable). _ • _ PRINCIPAL OR INTERESTTO CONTRACT PAYMENT RE PAID DESCRIPTION TO BE PAID FROM PROM PROPERTY OTHER AMOUNTS TOTAL - • OF DEBT PROPERTY TAXES TAXES TO BE PAID PAYMENT" ' - C1Nftate of Obligation- SO 'S29,603 - -.. . Seri..11 S26.270 53333 - _ Certificate of obligation- S1645 SO s37,160 Series $29.21s To Refuesring 590.160 S11o,000 So s2a0,160 • Bonds-Soria 97 General Obligauoo Ss53r3 S99.170 SO SIJJSIS Bonds-Series 93 Convert Oblige[ion- SI05.000 S3.730 SO St04,730 . Series 93 - Coots..Obligation. 525.000 SISSSO SO $a0330 _. Series 95 Comb To I Rev Cart of Obligation. Sya� SO . 570,000 - Sai.o 96 Toad squired for 1996 debt service 562a620 Amount(if any)pad from funds listed on Schedule A S50,000 • .. . Excess collection.Tut yes, SO .Toted to be paid fro taxes In 1996 S57a.30 •Amount added in anticipation that the unit will co0.et only 100.00%of its axes I.1996 5370.4SO - .To.Debt Lop This mtio.contains a summery of actual.tl.otive and rollback to rate'WoWaboa You can iKPect a copy of the fu0 calculations at 1634 N.Central Expressway.Suite 116,McKiaa.y.Tema 75070. - - . Name of penoa preparing this imbue:Kenneth L Mann.CPA - Title:Tax Assesaoe Collector t... - - - ts.d:A Date prapgues II,1996 - _ } • TO BE PUBLISHED IN THE WYLIE NEWS ON AUGUST 21, 1996. i Notice of Public Hearing on Tax Increase T S The (name of taxing unit) will hold a public hearing on a proposal to F y. s increase total tax revenues from properties on the tax roll in aast year) by (percentage increase) percent.Your individual taxes may increase at a greater or lesser rate,or even decrease,depending on the i"> change in the taxable value of your property in relation to the change in taxable value of all other property. i The public hearing will be held on (date and time) at (meeting place) lz FOR the proposal: AGAINST the proposal: PRESENT and not voting: 1 b • ABSENT: The statement above shows the percentage increase the proposed rate represents over the (proposed tax rate) tax rate that the unit published on (date) .The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year.Again,your individual ;t1.1: taxes may be higher or lower,depending on the taxable value of your property. Last Year This Year Average home value S $ General exemptions available �`"w? (amount available on the average home, ':"7 not including senior citizen's or disabled ri r" person's exemptions) $ $ . Average taxable value $ $ „1/4 Tax rate /5100 /S100 (proposed) _ Tax $ $ (proposed) Under this proposal taxes on the average home would (increase/decrease) by$ or (amount) percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value,the tax rate would(increase/decrease)by$ (amount) per$100 of taxable value or (amount) percent compared to last year's tax rate.These tax rate figures are not adjusted for changes in the taxable value of property. Criminal Justice Mandate(for counties): The (county name) County Auditor certifies that (county name) County has spent ..3 $ (amount) in the previous 12 months beginning (date) , 19 ,for the mainte- nance and operations cost of keeping inmates sentenced to the Texas Department of Criminal Justice. (county name) County Sheriff has provided information on these costs, minus the state revenues received for reimbursement of such costs. to„x .,:a. ...x,.L'..;a ....,,..,....,.a ....w. .u. av„,.a..w ...,..a..a..�.::.,,',.w;........ ...._,_. .."—...x..mw......w...a.,a wyx,w 2.::...e...o...,2 38 Truth-in-Taxation—May 1996 TO BE PUBLISHED IN THE WYLIE NEWS ON SEPTEMBER 18, 1996. O�- (I 2 Notice of Vote on Tax Rate The (name of taxing unit) conducted a public hearing on a proposal to increase your property taxes (percentage of increase over the lower byof the effective tax rate or rollback tax rate) percent on (date and time the public bearing was conducted) The (governing body of the taxing unit) is scheduled to vote on the tax rate at a public meeting to be held on (date and time) at (meeting place) Truth-in-Taxation—May 1996 3 9 Wylie City Council #2 Agenda Communication for September 10, 1996 Public Hearing for Proposed AnnQxation 'of Thomsen Property Issue First public hearing for the annexation of 47.21 acres located in the Richard Newman Survey, Abstract No. 1072 in Dallas County, Texas and owned by C. J. and Hortense Thomsen. Background A petition for voluntary annexation from C. J. and Hortense Thomsen has been received in the City Secretary's office. The property is located in the Richard Newman Survey, in Dallas County, Texas and is in Wylie's ETJ, one-half mile or less in width and is vacant and without residents. If Council grants the petition, it shall, by ordinance annex said land as part of the corporate limits of the city. Two public hearings will be held before the petition will be considered for annexation. Financial Considerations The current market value of this property is currently being determined by Dallas County. The land is agricultural exempt. An exact value will be available by the September 24, 1996 Council Meeting. Legal Consideration The Home Rule Charter states that an owner or owners of land contiguous with and adjacent to the city limits may, by petition in writing to the City Council, request said land to be annexed. Local Government Code 43.052, Annexation Hearing Requirements, states the governing body must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. Local Government Code 43.053, Period of Completion for Annexation, states the annexation of an area must be completed within 90 days after the date of the governing body institutes the annexation proceedings or those proceedings are void. Staff Recommendations N/A Attachments Petition by C. J. & Hortense Thomsen Map of the Area Public Hearing Notification e :tite,C-60e6,41i/ Prepared y Reviewed by Fina ce City Mgr. Approval LANDOWNER ANNEXATION PETITION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF WYLIE,TEXAS,A GENERAL LAW MUNICIPALITY: The undersigned owner of the hereinafter described tract of land,which is vacant and without residents,hereby petitions your Honorable Body to extend the present city limits so as to include as part of the City of Wylie,Texas (Local Government Code §43.028)the following described territory,to wit: See attached The undersigned certifies that the above described land is contiguous and adjacent to the City of Wylie, is not more than one-half(1/2)mile in width,is vacant and without residents and on which fewer than three qualified voters reside. C. J. OF en Hortense Thomsen THE STATE OF TEXAS § COUNTY OF § Before me,the undersigned authority,on this day personally appeared C.J. Thomsen and Hortense Thomsen,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office,this -3, e L day of 1996. Notary Public in--and for the State of Texas Printed Name:,4J47t) " L �GLGtR/ Commission Expires: o2/3/9 f 111 JUL 1 0 1996 B SACHS ' = - PBSJIJ\JOB\9513100\LG ANNEX.LGL LEGAL DESCRIPTION 47.21 ACRES BEING a tract of land out of the RICHARD NEWMAN SURVEY, Abstract No. 1072 in Dallas County, Texas and being part of a 411 acre tract of land described in deed to C.J. Thomsen, recorded in Volume 78045, Page 4135 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a point for the intersection of the northeast right-of-way line of Sachse Road (100' ROW at this point) and the north line of Dallas County, from which the southeast corner of the beforementioned 411 acre tract of land bears North 45°02'46" East, 514.38 feet; THENCE with said northeast right-of-way line, the following courses and distances to wit: South 45°02'46" West, a distance of 54.33 feet to a 1/2" iron rod found for corner; -North 87°55'14" West, a distance of 27.68 to a 5/8" iron rod found with a yellow plastic cap stamped "NELSON CORP" (hereinafter called 5/8" iron rod found); South 45°31'03" West, a distance of 338.72 feet to a 5/8" iron rod found for corner; South 46°13'42" West, a distance of 1230.10 feet to a 3/8" iron rod found for the beginning of a tangent curve to the right, having a central angle of 14°47'00", a radius of 666.34 feet and a chord bearing and distance of South 53°44'12" West, 171.45 feet; Southwesterly, with said curve, an arc distance of 171.93 feet to a 5/8" iron rod found for corner; South 61°07'42" West, a distance of 0.80 feet to a 5/8" iron rod found for the beginning of a tangent curve to the left, having a central angle of 14°21'58", a radius of 653.29 feet and a chord bearing and distance of South 53°56'43" West, 163.38 feet; Southwesterly, with said curve, an arc distance of 163.80 feet to a point in the center of a the main tributary of Muddy Creek; THENCE leaving the northeast right-of-way line of Sachse Road and with said center of Muddy Creek, the following courses and distances to wit: North 28°20'14" West, a distance of 54.80 feet to a point for corner; North 11°39'46" East, a distance of 155.00 feet to a point for corner; North 76°35'14" West, a distance of 49.00 feet to a point for corner; South 41°09'46" West, a distance of 131.00 feet to a point for corner; North 46°35'14" West, a distance of 191.00 feet to a point for corner; North 31°39'46" East, a distance of 215.00 feet to a point for corner; North 08°02'14" West, a distance of 296.00 feet to a point for corner; North 22°39'46" East, a distance of 160.00 feet to a point for corner; North 16°39'46" East, a distance of 210.00 feet to a point for corner; North 43°09'46" East, a distance of 290.00 feet to a point for corner; North 03°20'14" West, a distance of 210.00 feet to a point for corner; North 52°39'46" East, a distance of 240.00 feet to a point for corner; North 13°39'46" East, a distance of 140.00 feet to a point for corner; North 01°39'46" East, a distance of 139.00 feet to a point for corner; North 47°54'46" East, a distance of 35.12 feet to a point in the north line of Dallas County; THENCE with the said north line of Dallas County, South 89°29'42" East, a distance of 1724.17 feet to the POINT OF BEGINNING and containing 47.21 acres of land. Bearing system based on the bearing of North 53°04'39" East between the Texas Department of Transportation Monuments No. 31 and No. 33 of the horizonal control for the improvements to State Highway No. 78, based on the North Central Zone of the Texas State Plane Coordinate System. June 27, 1998 1:18 Y CITY OF WYLIE N8755'14"W 27.68' S89'29'42"E 1724.17' "Y N4754'46"E 35.12' UNINCORPORATED t NO1'39'46"E 139.00' O") N13'39'46"E 140.00' 'S",,1� nth^P. N5739'46"E 240.00' co UJ CT 0 O .- • 6 QQ v O 2,' NO3'20'14"W 210.00' N43'09'46"E 290.00'\ w� 47.21 ACRES \) N �P SPG4' �� LEWIS RHODES 6"E 210.00' � �0 404 t-, 160.00' ��~ Y �~��� ''' LARRY MARTINEZ 296.00' 010 4§ 1� M� 215.00'ti VICTOR BRISENO JUAN MARTINEZ EARL 00' LEDBETTER ios, =666.34' 19'46"W 131.00' \ =14'47'00" L=171.93' ERNEST CASTILLO 76'35'14"W 49.00' B=S53'44'12". 39'46"E 155.00' C 171.45' f 1'07'42"W 0.80' 0'14"W 54.80' `\ R=653.29' ••=14'21'58" L 163.80' CB S53'56'43"w C=1. .38' PETE MARTINEZ Wednesday,August 14,1996-THE WYLIE NEWS PUBLIC HEARING NOTICE The City Council of Wylie, Texas will hold a Public Hearing on Tues- day, September 10, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to hear public opinion on the annex- ation of 47.21 acres located in the Richard Newman Survey, Abstract No. 1072 in Dallas County, Texas and owned by C. J. and Hortense Thomsen. Legal descriptions with the metes and bounds of the property can be reviewed in the City Secretary's Office during office hours,Monday- Friday,8:00 a.m.to 5:00 p.m. City of Wylie City Secretary Susan Shuler 11-1t-339 Wyllie City Council #3 Agenda Communication for September 10, 1996 Public Hearing and Consider Zone Change by Ron Haffner Issue Hold a Public Hearing and consider a recommendation to the City Council for a request from Ron Heffner for approval of a zone change from "R" Retail to "B-1" Business District for the property located at 202 S. Ballard Avenue, and further described as Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B in the Railroad Addition. Background Ron Heffner is the President of Alaskan Air Conditioning and Heating Inc. which is currently located at 609 N. Highway 78. Alaskan Air Conditioning and Heating Inc. was opened in 1988 here in Wylie. This business has grown since its inception and Mr. Heffner now feels that he has outgrown his current location. The property at 202 S. Ballard Ave. provides the extra space that his business needs. Alaskan Air Conditioning and Heating Inc. is a commercial/residential air conditioning and heating service and repair business. Typically, they respond to phone calls requesting repairs on heating and air conditioning units. Servicemen then go to the site and remedy whatever the problem may be. The building itself will consist of a reception area, four offices and a break room. The property is currently zoned Retail. Property directly east of Mr. Heffner's lot is zoned Retail and the property to the south is zoned predominately Single Family with some Multi-Family zoning. Public Hearing notifications were sent to all property owners within 200 feet of Mr. Heffner's property. To date, three favorable responses have been received. Board Recommendations The Planning and Zoning Commission met on Monday, September 9, 1996. Staff will inform Council of the Planning and Zoning Commission's recommendation concerning this zone change request prior to Council action regarding this request. Financial Considerations N/A Legal Considerations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, it states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendation Staff recommends approval of the zone change request. Wylie's adopted Zoning Ordinance allows for"heating and air conditioning shops" in areas designated "B-2" Business District. The key element in this land use description is the word shops. This land use description is intended for businesses which manufacture, repair and store materials on the premises that are related to the heating and air conditioning business. Pursuant to conversations with Mr. Heffner, staff feels that this is not an applicable description of Alaskan Air Conditioning and Heating Inc. Actual duties that will be done on the premises include answering calls and scheduling appointments for repairs, along with other related administrative/office duties. There will be some limited storage of parts and residential equipment inside the building. There is no outside storage allowed in areas zoned "B-1". This will not be a problem as Mr. Heffner assures staff that there will be no outside storage of any type. Repairs take place at the homes or offices of the customer and there will be no on-site manufacturing or repairs. Company trucks will not be parked on the site overnight as all business vehicles are driven home by employees. Staff concludes that Alaskan Air Conditioning and Heating Inc. conforms to the requirements of B-1 zoning. As stated in the Wylie Zoning Ordinance, the B-1 Business District is intended "... for commercial activities of a service nature". "Limited warehousing and distribution" is allowed within this business district classification. B-1 zoning is an acceptable land use for the State Hwy. 78 corridor and the proposed widening will not adversely affect this property. Therefore, staff recommends approval of this zone change request. Attachments Zone Change Application, Public Hearing Notice, Property Owners List and Responses, Location Map, Area Zoning Map. 1 Gd6/' ThCL ,� a& Prepares cy Reviewed by inance City Mgr. Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF PROPERTY DESCRIBED AS BLOCK 33, LOTS 2B, 3B, 4B, 4C, 5A, 5B, 6A AND 6B IN THE RAILROAD ADDITION, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, LOCATED AT 202 SOUTH BALLARD AVENUE, FROM "R" RETAIL TO "B-1" BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A); AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the zoning of the property hereinafter described is presently zoned as "R" Retail; and WHEREAS, the owner of the property has properly filed a request with the City of Wylie to change the classification from "R" Retail to "B-1" Business District; and WHEREAS, the Planning and Zoning Commission, after having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, recommend to the City Council that the request be amended to change the classification from "R" Retail to "B-1" Business District; and WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and determined that the change should be granted; and WHEREAS, the City Council has determined, in its legislative capacity, that the proposed change is appropriate and in the best interest of the orderly development of the City in that it is based on recognition of changed or changing conditions or circumstances in the locality and/or recognizes changes in technology, the style of living, or manner of doing business, as required by Section 35.1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any of the purposes therein expressed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows; SECTION I That the Comprehensive Zoning Ordinance, as codified by Section 1, of Chapter 12 of the Wylie City Code, be, and hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following property, commonly described as Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B in the Railroad Addition, located at 202 South Ballard Avenue, Wylie, Texas, 75098, from "R" Retail to "B-1" Business District. SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie as amended. SECTION III Any person violating the provisions of .this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V 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 VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, or parts thereof, by the enactment of this ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1996. By James D. Swartz, Mayor Attest Susan Shuler, City Secretary Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee,,?5'``' Date �'/ (, Applicant /74 gid,re Phone No. Mailing Address: Work No. LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 46' ,) 33 I hereby request that the above described property be changed from its present zoning which is £ 1j 1 District Classification to S-) District Classification for the following reasons: (attach separate sheet if necessary) S'iZ,e ,1714G/7 There (are) re no ) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant • Prospective Purchaser,em, /74-//'ie I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed Page 2 of 2 • Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. ASK AIR CONDITIONING&HEATING,INC. P.Q.BOX 247.609 N.I-MY.78 WYLIE,TEXAS 75098 (214)442-2181 (214)818-7991 TACLA015313C CITY OF WYLIE P.O.BOX 428 WYLIE,TEXAS 75098 DEAR SIRS AND MADAMS, WE RESPECTFULLY REQUEST A"SPECIFIC USE PERMIT'FOR THE PROPERTY LOCATED AT 202 S. BALLARD,LOT 2B,3,BLOCK 33,WYLIE,TEXAS.THIS PROPERTY IS CURRENTLY ZONED AS RETAIL.THE NATURE OF OUR BUSINESS IS NOT IN TOTAL CONFLICT WITH THIS ZONING AS WE DO NOT MAKE ANY REPAIRS AT OUR OFFICE LOCATION. WE PLAN TO HAVE A RECEPTION AREA,FOUR OFFICES,TWO BATHROOMS,A BREAK ROOM,AND 40% STORAGE AREA FOR PARTS AND RESIDENTIAL EQUIPMENT. THE ONLY EXTERIOR BUILDING CHANGE WE PLAN TO MAKE IS INSTALLING AN OVER HEAD DOOR ON THE SIDE FACING BUTLER STREET.THIS WILL BE FOR MORNING AND AFTERNOON LOADING OF COMPANY PICKUP TRUCKS AND OCCASIONAL DELIVERIES. WE WILL NOT BE STORING ANY EQUIPMENT OR MATERIALS OUTSIDE OF THE BUILDING AND THERE WILL BE NO TRUCKS LEFT INSIDE OR OUT OVERNIGHT. ALASKAN AIR CONDITIONING AND HEATING, INC. WAS OPENED IN 1988 HERE IN WYLIE. SINCE OUR INCEPTION WE HAVE GROWN A LI ITLE EACH YEAR.WE CURRENTLY LEASE A SMALL SPACE AT 609 N.HIGHWAY 78. TO OUR KNOWLEDGE WE HAVE HAD NO COMPLAINTS FROM ANY OF OUR NEIGHBORS OR FROM THE LANDLORD REGARDING CROWDING,TRASH,EXCESSIVE TRAFFIC,OR MALLERS OF ANY NATURE. WE HAVE OUTGROWN THIS SPACE AND CONSIDERING THE INCREASE IN LEASE COSTS,WE WOULD LIKE TO PURCHASE A BUILDING OF OUR OWN.THE BUILDING WE ARE LOOKING AT IS NEARLY TWICE THE SIZE OF OUR CURRENT SPACE AND WE FEEL IS IDEALLY SUITED FOR OUR NEEDS NOW AND FOR MANY YEARS TO COME. THANK YOU FOR CONSIDERING OUR REQUEST IN THIS MA ITER. SINCERELY, RON HEFFNER JOE SUTTERFIELD PRESIDENT VICE PRESIDENT July 31, 1996 City of Wylie ATTN: MIKE PHILLIPS To Whom It May Concern: This is to authorize Alaskan Heating and Air Conditioning to make application requesting a Special Use Permit for property located at 202 S. Ballard -attached is a plat survey of subject property. ,4- Bobbie St. Jo Date I � \ : .Z. ...... . .. : ' • • • ��� �,zo . •41 Mope, , • rA'Y • ,SSG .�.`12r',• • i���.f" 11 F • ��% �;', •` •''Z y. • • • *� �— • • ►: • • Allh• '" . 0016.. t. .0. y / • f� —1 .. 11 de''._ ,. 1.4616_ , • ' liblillii: • 80' 1. .j•T. - .r 166, • B u Site . • • • r - is .,J.<} . t.! 4. , 1•�� .. r - ,. L•' ` ••4•. i'4 c/1 { •3'y .r �. ..,'.^, .t •Z . ....0• fits' .1?J r• ....•`'. • .1.-titi PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, September 9, 1996, at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, September 10, 1996, at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R" Retail to "B-1" Business District, for Ron Heffner for his property located at 202 South Ballard and further described as follows: Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B, in the Railroad Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Heffner Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below ❑ I am.opposed to the request for the reasons listed below • 1. 2. 3. Signature Printed Name • Address • PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, September 9, 1996, at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, September 10, 1996, at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R" Retail to "B-1" Business District, for Ron Heffner for his property located at 202 South Ballard and further described as follows: Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B, in the Railroad Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Heffner Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N Wylie, Texas 75098 As I am in favor of the request for the reasons listed below ❑. I am opposed to the request for the reasons listed below . 1. 4r476.-- A.0 2. y 3. Signature dc/14/1/(/ Printed Name nf3y/! Address ?D oX /32,5-- PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, September 9, 1996, at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, September 10, 1996, at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R" Retail to "B-1" Business District, for Ron Heffner for his property located at 202 South Ballard and further described as follows: Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B, in the Railroad Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Heffner Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N Wylie, Texas 75098 I am in favor of the request for the reasons listed below 7 ❑ I am opposed to the request for the reasons listed below 6 • 1. 2. 3. Signature Printed Name ,ee��/N4L 0� W/il 2Pe A/ Address (0 / v i a�/.--i-L �°� PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, September 9, 1996, at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, September 10, 1996, at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R" Retail to "B-1" Business District, for Ron Heffner for his property located at 202 South Ballard and further described as follows: Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B, in the Railroad Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZJCC - Heffner Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N Wylie, Texas 75098 • I am in favor of the request for the reasons listed below U I am opposed to the request for the reasons listed below 1. 2. • 3. Signature Printed Name bi...) LI,�,a Address (90c NOTIFICATION REPORT APPLICANT: Y1 A e Inef APPLICATION FILE# ✓ Name &Address ATTORNEY, AGENT: Name &Address • BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS r '2. 10 a `(o0 d N.i l-�ord I"pliM'l s, LA--a i; i ex Tx -(so98 II i 1 I. r ►, It 12 it it 00 it 14 it <I it 16 it C(o t.._2. GrtAGes vrive Ii I& A 't Dovt.0.161 1i c--- i1\11ie Tx "1098 o 1 (0 b s, M061 aHhr h vv2evtd 6&o 'ear key P_d - W1-r (1 Il '' \70tAo1a Lid►- 'dee abov. II I s, it It I� 3 Nta✓tody Lane I < < (�Y'�. iro�i ?o�tl �t &arland Tx 15042. it '2-A St LI ii I% A i i II Il 'il I t Aeada V Rd. 2t5 '� C. �. Nl�r�ir1 Pallas TX 1230 a-824- '54 1 {-)rr.I ' . "VIbl zl co. iox 5G - VVT it 2 .. „ it NOTIFICATION REPORT . 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I ® tJ I l0 10 kI 01 = i toI I/�, 15 7 i I 1 I L k . a I i - 44 �' ,4 _' �- _A 13 I I 1, 1S I N 15 j ,z ,'J ' ',, `1\\ '=I ' ww •i I 14 1 i 13 1, 13/ 10 i ., "\---,.......„......... :. — ..._.B1 _94 - 45\I I ,o •7 7 _,.. ,,05-1- -"im "dip 1 7 . ma 8 3 _. 1 86 - 19 84 - 2O R . .4 1'yie City council Tr Ogenda Communication for September 10, 1996 _......................................Li Final Payment'on Premier Business park Issue Discuss and Consider Final Acceptance of Premier Industrial Park Addition and initiate the one year maintenance bond. This project includes a new 37 foot wide concrete street with underground drainage facilities, a new 8"water main along Hensley Lane with a new 12" water main extension along Sanden Blvd. to Hwy. 78. Background The Wylie Economic Development Corporation, with approval by the City Council, purchased 55 acres of land west of Sanden Blvd and south of Hensley Lane. This project is for the infrastructure improvements for the development of the Premier Industrial Park. The project was expanded by Change Order #1 to accommodate the new Service Center by extending Hensley Lane and related drainage improvements, the 8"water main and 8" sewer main approximately 500 feet to the west along Hensley Lane. The project was funded in part by Collin County, the Wylie Economic Development Corporation and the City, and includes a new 37 foot wide concrete street with underground drainage facilities, a new 8"water main along Hensley Lane with a new 12"water main extension along Sanden Blvd. to Hwy. 78. This project also includes a new 8" sanitary sewer. All of these improvements comprise the infrastructure required for the development of the Premier Industrial Park. Final acceptance of this project means that the City accepts the dedication of streets, easements, public places, water and sewer lines as shown and set forth on the plat and will become responsible for maintenance and upkeep of said improvements. Acceptance also initiates the one year maintenance bond which is put up by the contractor. Board Recommendations The Wylie Economic Development Corporation accepted the project and authorized final payment on August 27, 1996. Financial Considerations The original contract amount was for $404,394.65. The City funded $62,706 for over sizing of utility lines, the Wylie Economic Development Corporation funded $161,688.65 and Collin County's participation was $180,000. Change Order #1 was for an additional $79,032.00 which was funded directly from the new Service Center budget. This budget was reduced by $79,032.00 to fund the extension of the street, water and sewer lines to provide access to the new Service Center. Miscellaneous quantity over/under-runs totaled $5,937.04 (+ 1.2% net). Quantity over/under-runs included adjustments to the storm sewer due to unknown subsurface conditions and other miscellaneous adjustments made to account for field conditions. The final contract amount for the project was $489,363.69. Legal Considerations N/A Staff Recommendations Staff recommends acceptance of the project and initiation of the one year maintenance period. Attachments Recommendation Letter from The Hogan Corporation 3c7 )71A-At, 4.010,4 Prepared B Reviewed by Fin nce City Mgr. Approval THE HOGAN CORPORATION Engineers • Planners • Consultants September 4, 1996 Honorable Mayor and City Council City of Wylie P.O. Box 428 Wylie, TX 75098-0428 ATTN: Mr. Mike Collins, City Manager RE: Premier Business Park (New Hensley Lane and related Improvements) Dear Mayor and Council Members: A final walk-through observation has been conducted on the above referenced project. Present at this meeting were representatives from the City of Wylie, The Hogan Corporation, and East Texas Construction Co., Inc. The contractor has performed the work as shown on the plans and specifications satisfactorily and no deficiencies have been identified. The Hogan Corporation hereby recommends that the City of Wylie accept this project as complete. The Development Corporation of Wylie has already accepted the project and authorized final payment to the Contractor. By accepting this project as complete,the Contractor will enter the One-Year Maintenance period, effective on the final date of acceptance by the City. If you concur with our recommendation, please notify this office and we will prepare a letter of acceptance on behalf of the City to notify the Contractor. We sincerely appreciate the opportunity to assist you on this project. Please give us a call if you have any questions or comments at all. Respectfully submitted, THE HOGAN CORPORATION gos Gre ry MacLean, P.E. Vice President ' Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 ', Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL:(214) 392-4600 FAX: (214)490-7163 Wylie city Council Agenda Communication for September 10, 1996 Authorizing the City Mgr. to Execute Contract for Community Center Renovation Issue Discuss and consider authorizing the City Manager to enter into a contract with J.D. Schick Contractors for the renovation of the Community Center, not to exceed an amount set by Council. Background In May, 1995, the Parks and Recreation Facilities Development Corporation authorized the use of 4B 1/2 Cent Sales Tax funds for the purchase of the old Post Office at Oak and Jackson in order to renovate the building into a new Community Center. In January, 1996, the Corporation authorized the sale of $1.7 million in Bonds and approved a project list which included: Central Park/Athletic Field $1,000,000 Library Expansion Project $225,000 Community Center Renovation $175,000 Other Library & Park Projects $100,000 In planning for the use of the new facility, a joint meeting was held with the Park & Recreation Advisory Board and the Senior Citizen Advisory Board to identify and prioritize features which both groups would like to see in the new Community Center. This information was conveyed to the architect, Mr. Scott Roberts of Creative Architects & Planners, who in turn incorporated the features into the design of the building. The final design includes a large meeting room, a kitchen, a designated room for the Senior Citizens to utilize for their functions and projects, and an office. The building will be ramped and the restrooms completely rebuilt in order to meet the requirements of the American with Disabilities Act, and other accessibility standards. The project is very basic. A project estimate was prepared by Glen Rich Enterprises, a company which provides project cost estimate analyses, to be approximately$182,000. On August 29 a prebid conference was held on site, and on September 5, staff received and publicly opened the bid for the project. J.D. Schick Contractors was the only bidder for the project and their bid was $245,000. As stated previously, a preliminary figure of$175,000 was allocated through the issuance of Bonds. Due to an accumulation of 4B funds and interest earned, staff proposed to transfer an additional $25,000 from the 4B Operating Fund to the 4B Capital Projects Fund for a total of $200,000 for the project, based on the estimate. The contractor cited several reasons for the variance in costs; the fact that the subcontractors are very busy, are not readily available and are able to set their own prices, and the fairly short turn-around time given to prepare the bid. The contractor is willing to work with staff in order to identify areas of savings and areas that may be either deferred or eliminated. Financial Considerations A total amount of$200,000 is identified for this project. The funding is a combination of the $175,000 approved in bond monies by the Park & Recreation Facilities Development Corporation and a proposed $25,000 transfer from the 4B Operating Fund. This transfer is reflected in the proposed FY 1996-97 Budget which will be considered by the City Council on September 24, 1996. Legal Considerations The authority to levy the 1/2 Sales Tax is established in the Development Corporation Act of 1979, Article 5190.6, Section 4B, Vernon's Annotated Civil Statutes, as amended. The procedure followed by the Parks & Recreations Facilities Development Corporation for the approval of projects and the issuance of the bonds was in accordance with the Act. Board/Commission Recommendation N/A Staff Recommendation Staff recommends that the Council authorize the City Manager to enter into a contract with J.D. Schick Contractors not to exceed an amount set by Council. Attachment N/A / • TaJAsei 4)1-00 Pre are by Reviewe by Fin ce City Manager Approval