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03-25-1997 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex March 25, 1997 7:00 p.m. CALL TO ORDER INVOCATION - Chad Womack, First Baptist Church PLEDGE OF ALLEGIANCE PROCLAMATION - "Sexual Assault Awareness Month for April" CONSENT AGENDA 1. Consider Approval of Minutes for March 11, 1997 2. Consider Approval of Work Order No. WYL-19 Authorizing the Hogan Corporation to Proceed with the Paving and Drainage Improvements Along Kreymer Lane (from State Highway 78 to Brown Street) 3. Consider Approval of Work Order No. WYL-20 Authorizing the Hogan Corporation to Proceed with the Paving and Drainage Improvements Along Cottonbelt Avenue (from Jefferson Street to Brown Street) 4. Consider Approval of Work Order No. WYL-21 Authorizing the Hogan Corporation to Proceed with the Paving and Drainage Improvements Along Alley Between Briarwood and Dogwood Streets (from Stone Rd. To Briarwood St.) And Alley Between Dogwood Street and Woodhollow Lane (from Stone Rd. To Dogwood St.) 5. Consider Approval of an Ordinance Adopting a New Code of Ordinances for the City of Wylie Published by Municipal Code Corporation 6. Consider Approval of an Ordinance Declaring the Unopposed Candidates for the May 3, 1997 Municipal Election as Elected to Office and Canceling the May 3, 1997 Municipal Election ACTION ITEM 7. Discuss and Consider Approval of a Resolution the Week of April 5 through 13, 1997 as Clean Up Green Up Week and Declare April 5 as Clean Up Green Up Day 8. Discuss and Consider Approval of a Resolution for the Participation in a Coalition of Cities for a Cable Rate Study and Authorize the City Manager to Enter into an Agreement with the Coalition 9. Hold Public Hearing and Consider an Ordinance Approving the Zone Change Request from Jan Morgan for Approval of a Zone Change from "MF" Multi Family to "2F" Residential District located at 102 S. Fourth Street and More Particularly Described as Lot 1, Block 22 of the Railroad Addition 10. Hold Public Hearing and Consider an Ordinance Approving the Zone Change Request from Richard Parker for Approval of a Zone Change from "A" Agriculture to "MF" Multi Family for a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and Further Described as the W. D. Penny Survey, Abstract No. 696, Tracts 33 and 33-9 11. Discuss and Consider Acceptance of the Comprehensive Annual Financial Report for Fiscal Year 1995-1996 STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 12. Hold Executive Session Under Sections 551.071 Consultation with Attorney; 551.072 Deliberations about Real Property; 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 RECONVENE INTO OPEN MEETING 13. Take Any Necessary Action as a Result of the Executive Session ADJOURNMENT Posted on this the 21 st day of March, 1997 at 5:00 p.m. WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 2 March 25, 1997 Issue Consider and act upon approval for Work Order No. WYL-19 authorizing The Hogan Corporation to proceed with paving and drainage improvements along Kreymer Lane from State Highway 78 to Brown Street. Background The Hogan Corporation will perform a Preliminary Planning Phase, Design Phase, and Construction Phase and other related additional services that may be authorized by the City for the proposed street paving and storm drainage improvements to Kreymer Lane. This project includes the construction of approximately 2,300 linear feet of 25-foot wide concrete paving, including subgrade and curbs, and related underground storm drainage system improvements. This represents one-half of the ultimate divided thoroughfare identified on the City's current Thoroughfare Plan. The intersection of Kreymer Lane and S.H. 78 will be constructed to full width to match the existing concrete paving on the north side of the highway (Spring Creek Parkway). A temporary asphalt transition will be installed to join the divided section until the road is widened in the future. In addition, additive alternate bids will be received for the construction of sanitary sewer main extensions across Kreymer Lane to serve the Wylie Ranch East Subdivision, east of Kreymer Lane as well as for miscellaneous drainage improvements to this area. When Wylie Ranch East subdivision was originally platted, it was not in our city limits. However, it was in the City's extra territorial jurisdiction (ETJ) and was therefore subject to our subdivision regulations. At the time of platting, the developer, Arapaho East, requested from the Planning and Zoning Commission a variance for the required construction of 6" reinforced concrete streets with curb and gutter. According to the developer, "curb and gutters and storm sewers for tracts of this size would escalate the cost and therefore the sales price of the developed tracts beyond the market of this Wylie-Collin County area". They claimed they would construct the roads to equal or exceed the Collin County specifications, and that they had done extensive engineering and grading for drainage, low water crossings and culverts. The variance was granted. Asphalt streets with no curb and gutter or storm sewer systems were constructed, and the Wylie Ranch East Subdivision has experienced drainage problems for many years. Consent Agenda Item No 2 Page 1 Background - Continued On February 20, 1997 a Town Hall Meeting was held for all of the residents of the Wylie Ranch East Subdivision to discuss the drainage issues. At that meeting, the residents made it clear to Staff that their sewer problems were just as important, if not more so, than the drainage problems. It was decided that the Consulting Engineer, Greg MacLean would figure some cost estimates for both drainage improvements and the extension of sewer lines from Kreymer Lane. Board Recommendations N/A Financial Considerations The total lump sum and not to exceed costs for Work Order WYL-19 is $35,750. The above total consists of$32,000 for engineering design costs, $1,250 to advertise and receive bids, and $2,500 for general review of construction. No cost estimates have been furnished by the Hogan Corporation for additional services which could include engineering consultant hours, survey work, lab testing, and the preparation of right-of-way acquisition documents. This work order is only for Kreymer Lane and is budgeted in the Street Capital Project Fund. The paving and drainage improvements along Kreymer Lane from State Highway 78 to Brown Street is being funded as part of the 1995 Bond Program. It is projected that the cost of construction for this project will be approximately $330,000. The projected cost for the construction of sanitary sewer main extensions and miscellaneous drainage improvements for the Wylie Ranch East subdivision is $175,000. A meeting is to be held on March 27, 1997 and Greg MacLean will present his preliminary design with the cost estimates. It will be determined how much the property owners are willing to contribute. The City Council will then make a decision, if and how, the costs will be shared. Legal Conside ati i ns The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation (Engineer), as approved on July 27, 1993. Consent Agenda Item No 2 Page 2 taffRecommendatiQns Staff recommends approval of Work Order No. WYL-19. Attachments Work Order No. WYL-19 cAni„, repare y Rev' ed by Fina ce City Manager Approval Consent Agenda Item No 2 Page 3 03/17/97 WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO. WYL-19 This will constitute authorization by the City of Wylie, Texas (Owner), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described engineering services. PAVING AND DRAINAGE IMPROVEMENTS ALONG Kreymer Lane (FROM STATE HIGHWAY 78 TO BROWN STREET) A. PROJECT DESCRIPTION The Engineer shall perform the Preliminary Planning Phase, Design Phase, and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the proposed street paving and storm drainage improvements in association with the proposed improvements to Kreymer Lane. This project includes the construction of approximately 2,300 linear feet of 25-foot wide concrete paving, including subgrade and curbs, and related underground storm drainage system improvements. This project represents one-half of the ultimate divided thoroughfare identified on the City's current Thoroughfare Plan. The intersection of Kreymer Lane and State Highway 78 will be constructed to full width to match the existing concrete paving on the north side of the highway, (Spring Creek Parkway). A temporary asphalt transition will be installed to join the divided section until the road is widened in the future. In addition, additive alternate bids will be received for the construction of sanitary sewer main extensions across Kreymer Lane to serve the Wylie Ranch Estates Subdivision east of Kreymer as well as for miscellaneous drainage improvements in the area. It is projected that the cost of construction for this project will be approximately $330,000 for the proposed paving and drainage improvements and approximately $175,000 for the proposed additive alternate sanitary sewer main extensions and miscellaneous drainage improvements. The cost projection included above was prepared for budget purposes only and is not guaranteed as the exact amount which will be bid for furnishing and installing the proposed improvements. A map is attached to show the general location and limits of the proposed project. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation(Engineer), as approved on July 27, 1993. -1- 03/17/97 B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this street paving and drainage improvements project. Other work and review conferences will be scheduled throughout the progress of developing the project. C. DESIGN PHASE Based on the results of the Pre-Design Alternatives Study: 1. Preliminary Planning a. Confirm the design criteria requirements, funding, and schedules with the Owner. b. Take additional photographs of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Perform pre-design study of the proposed street and drainage improvements. d. Present recommended schematic layout, typical sections, alternatives for street construction, drainage systems design, and plan for the proposed initial phase of improvements. e. Prepare alternate layouts, where it may be needed during construction, for traffic flow and control, detours, turning movements, etc. f. Determine right-of-way and/or construction easement requirements and procedures for acquisition, where required. Establish limits of off-site drainage facilities. g. Identify potential areas requiring landscape restoration along the proposed alignment for the new curb and gutter and storm drainage improvements. h. Establish priorities for construction and scheduling for coordination with other projects in the area. i. Schedule, as needed, meeting(s) with representatives of the City of Wylie, property owners, and Collin County Department of Roads and TxDOT. -2- 03/17/97 c. Prepare quantity of materials. d. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. e. Prepare projected cost of construction. f. Submit one (1) set of prints of the final plans and specifications to the utility companies for review and comment. g. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. 4. Additional Services for Design Phase Coordinate Field Surveys with Owner's Surveyor: - Prepare documents for right-of-way and/or easement acquisition. - Assist the City in negotiating with private property owners for right-of-way and/or easement acquisition. Locate existing structures and related facilities pertinent to design of the street paving, drainage, and utility improvements. - Establish benchmark data for vertical control. - Establish baseline and grid system for horizontal ground controls. - Obtain additional field data, cross-sections, etc., as necessary. - Obtain additional information of locations and depths of all existing underground utilities. D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. -4- 03/17/97 c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Meet (Pre-Construction Conference) with the Owner and the contractor to discuss the total work program and schedule, procedures of communication, additional surveys, field testing and inspection, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this improvement program. b. Make two (2) visits to the project site per month (as distinguished from continuous services of Resident Project Representatives). c. Consult and advise with the Owner during construction. d. Review shop and working drawings. e. Review tests of materials and equipment operation. f Prepare monthly and final estimates for payment to contractor. g. Conduct final review of the project in the accompaniment of the Owner. 3. Additional Services for Construction Phase a. Arrange for and coordinate the services for printing the construction plans and specifications to be used in the distribution to prospective bidders. b. Perform on-site observations of construction performance on an as-called basis. This service will be performed as an addition to the two (2) routine site visits provided for in the General Review of Construction services(Item D.2.b.). c. Prepare record drawings of the completed project from information furnished by the Contractor and Owner's project representative. -5- 03/17/97 E. RESPONSIBILITY OF THE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services, the Owner shall be responsible for the following services: 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the street paving, drainage, water, and sanitary sewerage system improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true, accurate, complete, or correct. 2. Provide the services of a qualified surveyor to furnish the necessary field data for the design of the proposed improvements. 3. Prepare field note descriptions for right-of-way acquisition where it may be required for revisions in street alignment, drainage structures, and utility improvements. 4. Prepare applications for routine permits required by Collin County or TxDOT. 5. Arrange for and coordinate the subcontract services of a Geotechnical Consultant for the soils investigation, as may be required. Also, the Geotechnical Consultant will investigate the soil conditions and recommend the requirements for preparing a trench safety program. 6. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications, and bidding documents for distribution to prospective bidders. 7. Provide qualified personnel for daily observation of construction. 8. Furnish and coordinate qualified personnel to perform the field layout and staking for construction in accordance with the contractor's sequence of work to be accomplished. 9. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. If needed, daily report forms will be furnished to the Owner by the Engineer. 10. Advise Engineer by telephone, on a weekly basis, of the progress of work, problems encountered in construction, quality of work performed, and other matters concerning the project status. 11. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 12. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. -6- 03/17/97 F. BASIS OF COMPENSATION Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty(30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty(30) days from the date of the statement. 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section D, on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of S32,000. b. Additional Services For Design Phase For performing the Additional Services For the Design Phase as described under Section D, the Engineer will assist the Owner, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non- labor, field surveys, and other subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Additional Services on this project may include the preparation of right-of-way acquisition documents and related work. -7- 03/17/97 3. Construction Phase a. Advertise and Receive Bids For performing the Construction Phase services, as described in Section E, the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. • The total compensation for the services performed shall be based on the lump sum amount of$1,250. b. General Review of Construction For performing the General Review of Construction, as described in Section E, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Total compensation for the above services will not exceed $2,500. c. Additional Services For Construction Phase For performing the Additional Services For Construction Phase, as described in Section E, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 4. Other Special Services-(As Directed By The Owner) If authorized in writing by the Owner, the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -8- 03/17/97 G. TIME FOR COMPLETION The design work to be performed, as authorized herein, is projected to be completed within sixty(60) calendar days after receipt of field survey information. APPROVED: ACCEPTED: CITY OF WYLIE THE HOGAN CORPORATION B J -= By y Mike Collins Gregor MacLean, P.E. City Manager Vice President Attest Attest / 1 5 Q.0 C l Date Date 3( ("yf 7 -9- V. V V Irn c V) State Highwey No_ 78 APPROX. UMITS OF PROJECT. v__ 1 1 . f C }xY9t1t ire Lane S • • ToUtt f Mi Wyndtl4ID iffy I yl _.. 5t28DQ4L'd -2 Si3 eret •' i8i •••.I t`l n.1 - Ci GI 'sea I1!I!I' p� a t -Yliil • QO I Y PAVING & DRAINAGE IMPROVEMENTS ALONG •■■,■■'••■•• KREYMER LANE •••.- i11i iii LOCATE 1IAP ■st tr . l l..R •I.,_ a . , .a.O. THE HOGAN CORPORATION s�• ♦aaaaaata■ 6 1MOR • �IMf • Oorf4a�sb ..1 a........■ 0+E •Mal•Mt Mob WYLIE CITY COUNCIL rt/111: CONSENT AGENDA COMMUNICATION ITEM NO 3 March 25, 1997 Issue Consider and act upon approval for Work Order No. WYL-20 authorizing The Hogan Corporation to proceed with paving and drainage improvements along Cottonbelt Avenue from Oak Street to Brown Street. Background The Hogan Corporation will perform the Preliminary Planning Phase, Design Phase, and Construction Phase Services and other related additional services that may be authorized by the City for the proposed street paving and storm drainage improvements to Cottonbelt Avenue. This project includes the construction of approximately 800 linear feet of 27-foot wide concrete paving, including subgrade and curbs, and related underground storm drainage system improvements. The existing street is proposed to be closed at the intersection with Brown Street, with a cul-de-sac installed just south of Brown Street. Cottonbelt will no longer be a through street. However, the section closed between the end of the proposed cul-de-sac and Brown Street will be configured and landscaped in a way which will not allow normal traffic to cut through, but would allow emergency vehicles to break through if needed. Bird Recommendations N/A Financial Considerations The total lump sum and not to exceed costs for Work Order WYL-20 is $8,300. The above total consists of engineering design of $6,500, $800 to advertise and receive bids, and $1,000 for general review of construction. No cost estimates have been furnished by the Hogan Corporation for additional services which could include engineering consultant hours, survey work, lab testing, and the preparation of right-of-way acquisition documents. This work order and street project is budgeted in the Street Capital Project Fund. Consent Agenda Item No 3 Page 1 Financial Considerations - Continued The paving and drainage improvements along Cottonbelt Avenue from Oak Street to Brown Street is being funded as part of the 1995 Bond Program. It is projected that the cost of construction for the proposed paving and drainage improvements, not including landscaping, will be $85,000. Legal Considerations The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation (Engineer), as approved on July 27, 1993. Staff Recommendations Staff recommends approval of Work Order No. WYL-20. Attachments Work Order No. WYL-20 7,4„ Th C . Prepared Revi ed y Fina e City Manager Approval Consent Agenda Item No 3 Page 2 03/17/97 WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO. WYL-20 This will constitute authorization by the City of Wylie, Texas (Owner), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described engineering services. PAVING AND DRAINAGE IMPROVEMENTS ALONG Cottonbelt Avenue (FROM JEFFERSON STREET TO BROWN STREET) A. PROJECT DESCRIPTION The Engineer shall perform the Preliminary Planning Phase, Design Phase, and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the proposed street paving and storm drainage improvements in association with the proposed improvements to Cottonbelt Avenue. This project includes the construction of approximately 800 linear feet of 27-foot wide concrete paving, including subgrade and curbs, and related storm drainage system improvements. The existing street is proposed to be closed at the intersection with Brown Street, with a cul-de-sac installed just south of Brown. Cottonbelt will no longer be a through street. However, the section closed between the end of the proposed cul-de-sac and Brown Street will be configured and landscaped in a way which will not allow normal traffic to cut through, but would allow emergency vehicles to break through if needed. It is projected that the cost of construction for this project will be approximately $85,000 for the construction of the proposed paving improvements, not including landscaping. The cost projection included above was prepared for budget purposes only and is not guaranteed as the exact amount which will be bid for furnishing and installing the proposed improvements. A map is attached to show the general location and limits of the proposed project. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation(Engineer), as approved on July 27, 1993. -1- 03/17/97 B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this street paving and drainage improvements project. Other work and review conferences will be scheduled throughout the progress of developing the project. C. DESIGN PHASE Based on the results of the Pre-Design Alternatives Study: 1. Preliminary Planning a. Confirm the design criteria requirements, funding, and schedules with the Owner. b. Take additional photographs of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Perform pre-design study of the proposed street and drainage improvements. d. Present recommended schematic layout, typical sections, alternatives for street construction, drainage systems design, and plan for the proposed initial phase of improvements. e. Prepare alternate layouts, where it may be needed during construction, for traffic flow and control, detours, turning movements, etc. f. Determine right-of-way and/or construction easement requirements and procedures for acquisition, where required. Establish limits of off-site drainage facilities. g. Identify potential areas requiring landscape restoration along the proposed alignment for the new curb and gutter and storm drainage improvements. h. Establish priorities for construction and scheduling for coordination with other projects in the area. i. Schedule, as needed, meeting(s) with representatives of the City of Wylie, property owners, and Collin County Department of Roads and TxDOT. -2- • 03/17/97 c. Prepare quantity of materials. d. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. e. Prepare projected cost of construction. f. Submit one (1) set of prints of the final plans and specifications to the utility companies for review and comment. g. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. 4. Additional Services for Design Phase Coordinate Field Surveys with Owner's Surveyor: - Prepare documents for right-of-way and/or easement acquisition. Assist the City in negotiating with private property owners for right-of-way and/or easement acquisition. Locate existing structures and related facilities pertinent to design of the street paving, drainage, and utility improvements. - Establish benchmark data for vertical control. Establish baseline and grid system for horizontal ground controls. Obtain additional field data, cross-sections, etc., as necessary. - Obtain additional information of locations and depths of all existing underground utilities. D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. -4- 03/17/97 c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Meet (Pre-Construction Conference) with the Owner and the contractor to discuss the total work program and schedule, procedures of communication, additional surveys, field testing and inspection, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this improvement program. b. Make two (2) visits to the project site per month (as distinguished from continuous services of Resident Project Representatives). c. Consult and advise with the Owner during construction. d. Review shop and working drawings. e. Review tests of materials and equipment operation. f. Prepare monthly and final estimates for payment to contractor. g. Conduct final review of the project in the accompaniment of the Owner. 3. Additional Services for Construction Phase a. Arrange for and coordinate the services for printing the construction plans and specifications to be used in the distribution to prospective bidders. b. Perform on-site observations of construction performance on an as-called basis. This service will be performed as an addition to the two (2) routine site visits provided for in the General Review of Construction services(Item D.2.b.). c. Prepare record drawings of the completed project from information furnished by the Contractor and Owner's project representative. -5- 03/17/97 E. RESPONSIBILITY OF THE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services, the Owner shall be responsible for the following services: 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the street paving, drainage, water, and sanitary sewerage system improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true, accurate, complete, or correct. 2. Provide the services of a qualified surveyor to furnish the necessary field data for the design of the proposed improvements. 3. Prepare field note descriptions for right-of-way acquisition where it may be required for revisions in street alignment, drainage structures, and utility improvements. 4. Prepare applications for routine permits required by Collin County or TxDOT. 5. Arrange for and coordinate the subcontract services of a Geotechnical Consultant for the soils investigation, as may be required. Also, the Geotechnical Consultant will investigate the soil conditions and recommend the requirements for preparing a trench safety program. 6. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications, and bidding documents for distribution to prospective bidders. 7. Provide qualified personnel for daily observation of construction. 8. Furnish and coordinate qualified personnel to perform the field layout and staking for construction in accordance with the contractor's sequence of work to be accomplished. 9. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. If needed, daily report forms will be furnished to the Owner by the Engineer. 10. Advise Engineer by telephone, on a weekly basis, of the progress of work, problems encountered in construction, quality of work performed, and other matters concerning the project status. 11. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 12. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. -6- 03/17/97 F. BASIS OF COMPENSATION 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty(30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty(30) days from the date of the statement. 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section D, on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$6,500. b. Additional Services For Design Phase For performing the Additional Services For the Design Phase as described under Section D, the Engineer will assist the Owner, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non- labor, field surveys, and other subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Additional Services on this project may include the preparation of right-of-way acquisition documents and related work. -7- 03/17/97 3. Construction Phase a. Advertise and Receive Bids For performing the Construction Phase services, as described in Section E, the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The total compensation for the services performed shall be based on the lump sum amount of$800. b. General Review of Construction For performing the General Review of Construction, as described in Section E, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Total compensation for the above services will not exceed$1,000. c. Additional Services For Construction Phase For performing the Additional Services For Construction Phase, as described in Section E, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 4. Other Special Services-(As Directed By The Owner) If authorized in writing by the Owner, the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -8- = O / O e /3 E 01 c 4 i5 tc L, i C r 0 33 S'' l , APPROX. . ITS XTS [1:1 ‘ OF PR e r , Wr West Brown S ree{ { i_r III � t Wes rown St -t —'—�- o R. ' ¢ East 41 -' ,,,,, El 1 r Je erson treet VI 7, _,,,,, , . 15 �i ---,� al D 1 „.____ Marble Street F. -----11 iiiraPlc:::::71r "17: '` 111 III lift— i 1 I ) el SWit -Steel_ ...1---‘,1,---. —. ---'),\ ............-.-j.--,--- --, /7 Iti C I,_ : p . I J /5554 Flemin Street 7/ .. Z.,_2A100 tz, ,raker Stree3 r (Ie‘. ow o Straet$ 1 — �� • 1 PAVING & DRAINAGE IMPROVEMENTS ■ssa■ssaa■a► " ALONG assassaasas► .. ■asaassassr .at. ■�i• ■ :-� III COTTON BELT AVE. aar sr it MN .1as�s Strst aaa. .. 1 .aaa■ LOCATION 1AP MP .r • isa:s amu ... r.. ..1111111i MIME ME HOGAN CORPORATION NM .aaasaaaaa MU .......... Engineers • Firms • Ca„eiints Dims - Ms&-law,wd. 03/17/97 G. TIME FOR COMPLETION The design work to be performed, as authorized herein, is projected to be completed within sixty (60) calendar days after receipt of field survey information. APPROVED: ACCEPTED: CITY OF WYLIE THE HOGAN CORPORATION By By Mike Collins Gregory S. MacLean, P.E. City Manager Vice President Attest Attest • `""i J `rn� C C c . Date Date 3 1 )"2 f q.--) -9- WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 4 March 25, 1997 Issue Consider and act upon approval for Work Order WYL-21 authorizing The Hogan Corporation to proceed with paving and drainage improvements along the alley between Briarwood and Dogwood Streets (from Stone Road to Briarwood Street) and Alley between Dogwood Street and Woodhollow Lane (from Stone Road to Dogwood Street). Background The Engineer shall perform the Preliminary Planning Phase, Design Phase, and Construction Phase Services and such other related additional services that may be authorized by the Owner for the proposed street paving and storm drainage improvements in association with the proposed alley pavement improvements in the Woodhollow-Dogwood-Briarwood neighborhood. This project includes the construction of approximately 1,800 linear feet of 12 foot wide concrete alley paving, including stabilized subgrade. The existing alleys will be removed and new grades set for the proposed improvements. The alleys will be closed in sections during construction and each property owner will be notified in advance to avoid conflicts. Financial_Considerations The total lump sum and not to exceed costs for Work Order WYL-21 is $9,300. The above total consists of $7,500 for engineering design, $800 to advertise and receive bids, and $1,000 for general review of construction. No costs estimates have been furnished by the Hogan Corporation for additional services which could include engineering consultant hours, survey work, lab testing, and the preparation of right-of-way acquisition documents. This work order and street project is budgeted in the Street Department as part of the 1997 Street Program and funds are available. Legal Considerations The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas, and The Hogan Corporation (Engineer), as approved on July 27, 1993 Consent Agenda Item No 4 Page 1 Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval of Work Order WYL-21. Attachment Work Order WYL-21 ?in t repared by evi ed by Fina e Approved by Consent Agenda Item No 4 Page 2 03/17/97 WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO.WYL-21 This will constitute authorization by the City of Wylie, Texas (Owner), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described engineering services. PAVING AND DRAINAGE IMPROVEMENTS ALONG Alley Between Briarwood and Dogwood Streets (FROM STONE RD. TO BRIARWOOD STREET) AND Alley Between Dogwood Street and Woodhollow Ln. (FROM STONE RD. TO DOGWOOD STREET) A. PROJECT DESCRIPTION The Engineer shall perform the Preliminary Planning Phase, Design Phase, and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the proposed street paving and storm drainage improvements in association with the proposed alley pavement improvements in the Woodhollow-Dogwood-Briarwood neighborhood. This project includes the construction of approximately 1,800 linear feet of 12-foot wide concrete alley paving, including stabilized subgrade. The existing alleys will be removed and new grades set for the proposed improvements. The alleys will be closed in sections during construction and each property owner will be notified in advance to avoid conflicts. It is projected that the cost of construction for this project will be approximately $90,000 for the construction of the proposed paving improvements, not including landscaping. The cost projection included above was prepared for budget purposes only and is not guaranteed as the exact amount which will be bid for furnishing and installing the proposed improvements. A map is attached to show the general location and limits of the proposed project. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas(Owner), and The Hogan Corporation(Engineer), as approved on July 27, 1993. -1- 03/17/97 B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this street paving and drainage improvements project. Other work and review conferences will be scheduled throughout the progress of developing the project. C. DESIGN PHASE Based on the results of the Pre-Design Alternatives Study: 1. Preliminary Planning a. Confirm the design criteria requirements, funding, and schedules with the Owner. b. Take additional photographs of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Perform pre-design study of the proposed street and drainage improvements. d. Present recommended schematic layout, typical sections, alternatives for street construction, drainage systems design, and plan for the proposed initial phase of improvements. e. Prepare alternate layouts, where it may be needed during construction, for traffic flow and control, detours, turning movements, etc. f. Determine right-of-way and/or construction easement requirements and procedures for acquisition, where required. Establish limits of off-site drainage facilities. g. Identify potential areas requiring landscape restoration along the proposed alignment for the new curb and gutter and storm drainage improvements. h. Establish priorities for construction and scheduling for coordination with other projects in the area. i. Schedule, as needed, meeting(s) with representatives of the City of Wylie, property owners, and Collin County Department of Roads and TxDOT. -2- 03/17/97 j. Review previous field work completed, and determine additional surveys required. Establish the benchmark datum. k. Review subsurface conditions from soils investigation reports, and identify areas for additional study, where required. 1. Address other considerations of the project, such as utility relocation, adjustments, replacements, etc., and note locations where conflicts may occur. m. Prepare update on construction cost projection. n. Proceed, upon written direction of the Owner, with the Design Phase services of the selected plan. 2. Preliminary Design a. Reduce and plot field notes of profile, cross-sections, and topography. If weather conditions and scheduling of the Owner permit, aerial photographs may be considered in preparing the construction drawings. b. Confirm existing utility (water, sewer, drainage, gas, cable, TV, telephone, electric)locations, depths. c. Set preliminary alignments and locations for the proposed centerline, pavement transitions, and curb/gutters. d. Prepare preliminary layout of storm drainage system and water and sanitary sewer mains. e. Coordinate preliminary layout of improvements with the City of Wylie, Collin County, property owners, and utility companies. f Field-check preliminary design. g. Present four (4) sets of preliminary design drawings and specifications with preliminary cost projections to the Owner for review and comment. 3. Final Plans and Specifications a. Draft plan and profile sheets to conform with final comments of the Owner from preliminary design review. b. Prepare final details. -3- 03/17/97 c. Prepare quantity of materials. d. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. e. Prepare projected cost of construction. f. Submit one (1) set of prints of the final plans and specifications to the utility companies for review and comment. g. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. 4. Additional Services for Design Phase Coordinate Field Surveys with Owner's Surveyor: - Prepare documents for right-of-way and/or easement acquisition. - Assist the City in negotiating with private property owners for right-of-way and/or easement acquisition. Locate existing structures and related facilities pertinent to design of the street paving, drainage, and utility improvements. - Establish benchmark data for vertical control. - Establish baseline and grid system for horizontal ground controls. - Obtain additional field data, cross-sections, etc., as necessary. - Obtain additional information of locations and depths of all existing underground utilities. D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. -4- 03/17/97 c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Meet (Pre-Construction Conference) with the Owner and the contractor to discuss the total work program and schedule, procedures of communication, additional surveys, field testing and inspection, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this improvement program. b. Make two (2) visits to the project site per month (as distinguished from continuous services of Resident Project Representatives). c. Consult and advise with the Owner during construction. d. Review shop and working drawings. e. Review tests of materials and equipment operation. f. Prepare monthly and final estimates for payment to contractor. g. Conduct final review of the project in the accompaniment of the Owner. 3. Additional Services for Construction Phase a. Arrange for and coordinate the services for printing the construction plans and specifications to be used in the distribution to prospective bidders. b. Perform on-site observations of construction performance on an as-called basis. This service will be performed as an addition to the two (2) routine site visits provided for in the General Review of Construction services(Item D.2.b.). c. Prepare record drawings of the completed project from information furnished by the Contractor and Owner's project representative. -5- 03/17/97 E. RESPONSIBILITY OF'1'HE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services, the Owner shall be responsible for the following services: 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the street paving, drainage, water, and sanitary sewerage system improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true, accurate, complete, or correct. 2. Provide the services of a qualified surveyor to furnish the necessary field data for the design of the proposed improvements. 3. Prepare field note descriptions for right-of-way acquisition where it may be required for revisions in street alignment, drainage structures, and utility improvements. 4. Prepare applications for routine permits required by Collin County or TxDOT. 5. Arrange for and coordinate the subcontract services of a Geotechnical Consultant for the soils investigation, as may be required. Also, the Geotechnical Consultant will investigate the soil conditions and recommend the requirements for preparing a trench safety program. 6. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications, and bidding documents for distribution to prospective bidders. 7. Provide qualified personnel for daily observation of construction. 8. Furnish and coordinate qualified personnel to perform the field layout and staking for construction in accordance with the contractor's sequence of work to be accomplished. 9. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. If needed, daily report forms will be furnished to the Owner by the Engineer. 10. Advise Engineer by telephone, on a weekly basis, of the progress of work, problems encountered in construction, quality of work performed, and other matters concerning the project status. 11. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 12. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. -6- 03/17/97 F. BASIS OF COMPENSATION 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty(30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty(30) days from the date of the statement. 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section D, on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$7,500. b. Additional Services For Design Phase For performing the Additional Services For the Design Phase as described under Section D, the Engineer will assist the Owner, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non- labor, field surveys, and other subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Additional Services on this project may include the preparation of right-of-way acquisition documents and related work. -7- 03/17/97 3. Construction Phase a. Advertise and Receive Bids For performing the Construction Phase services, as described in Section E, the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The total compensation for the services performed shall be based on the lump sum amount of$800. b. General Review of Construction For performing the General Review of Construction, as described in Section E, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Total compensation for the above services will not exceed$1,000. c. Additional Services For Construction Phase For performing the Additional Services For Construction Phase, as described in Section E, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 4. Other Special Services- (As Directed By The Owner) If authorized in writing by the Owner, the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -8- 03/17/97 G. TIME FOR COMPLETION The design work to be performed, as authorized herein, is projected to be completed within thirty(30) calendar days after receipt of field survey information. APPROVED: ACCEP I'ED: CITY OF WYLIE THE HOGAN CORPORATION By By 7-77 lam Mike Collins Grego acLean, P.E. City Manager Vice President Attest Attest --j2:? C CA-cc- Date Date ,3/7 7/q7 -9- i(... ..J.,Z - g-: Z:1 A Morble Street a, Arill 11, • ILFrFI r� L 11 11 P Masters Avenue W ._ 0 lA- Lax 1 F.Ela[ I ....... .. att 4 ---41= rTTT J 2s.s..\\\ itir W rlVe CIr1 III 6--: . - t* • I g i 11 ::.IIIIIIII.Mlir m ' t ...I ...‘— iirrir i _._--pew — ° • I i (b , 171/ F. M Highway 544L 1 V APPROX. UNITS Mye OF PROJECT. PAVING IMPROVEMENTS ■11111l1...a ALLEYS BE1WEEN BRIARW000 1./111..11.r .er DOGWOOD 14 WOODHOULOW ..r or ,• J111 a.., •ti j oiiiii L �► N MAP ••• 'all TWO THE HOGAN CORPORAT7ON R1/_taii...11! R1t ANl1!l111! C.... M'S • �� • Dem�^�'� � • -U WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 5 March 25, 1997 Isc.ue Consider approval of an Ordinance adopting a new Code of Ordinances for the City of Wylie published by Municipal Code Corporation. Background In 1991, the City Council adopted an Ordinance enacting a new Code of Ordinances. According to the City Charter, at least every five years, there shall be a codification of all general ordinances. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code until a new codification is completed. General Ordinances are those ordinances of a permanent or continuing nature which affect the residents of the city at large. This compilation shall be known and cited officially as the Wylie City Code and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the city may be omitted without affecting the validity of such ordinances when they are published as a code. Municipal Code Corporation (MCC) entered into a contract with the City of Wylie in February, 1995 to perform the codification of the ordinances. The contract stated that under the supervision of the Municipality's attorney, MCC would recodify the 1991 code. The Municipality would be responsible for forwarding ordinances subsequently passed after 1991 for inclusion in the new code until notice is received that the editorial work has been completed. Approximately 85 ordinances were copied and mailed to MCC. MCC assigned an attorney to work with the Municipality's attorney. Before the conference with the Municipality's attorney, MCC's attorney researched the Code and subsequent ordinances to be included in the new Code against the state law. This process was to discover inconsistencies and conflicts with, and preemptions by, the state law. MCC's attorney also updated all state law references, researched the provisions of the Code against federal and state appellate case law, and researched the provisions of the Code and subsequent ordinances to determine if there are inconsistencies or conflicts between existing laws and obsolete provisions. It is expressly understood that the services provided by MCC involving findings or recommendations relating to the legality or validity of the ordinances, will be performed only for the attorney of the municipality and solely for the purpose of supplying information directly to him. After the MCC attorney finished reviewing the ordinances, a conference was arranged to discuss with the City Staff and the Municipality's Attorney any issues, solutions, implementation, specific subjects and organization for the new Code of Ordinances. Consent Agenda Item No 5 Page 1 Background -Continued In January, 1996, Richard Abernathy's office was notified that the MCC's attorney was prepared to meet with the City Staff and attorney. In July, 1996 the Municipal Attorney informed MCC of the changes to ensure that the content of the statute was similar to or better than the section currently contained in Wylie's Code. The proofs for the new code were sent to the City Secretary in November, 1996. After the return of the proofs, but before printing, a comprehensive, general Index for the Code is prepared. All sections are indexed under major subjects with appropriate section citations. Legal Consideration Article 3, Section 14 of the Home Rule Charter, gives the city the authority for the authentication, recording, codification, printing and distribution of the Code of Ordinances. Codification must be done every 5 years. A professional contract was signed with Municipal Code Corporation in February, 1995. Any ordinances approved by the City Council after December 10, 1996 will be added as a supplement. An ordinance adopting and enacting a new code for the City of Wylie is required for final acceptance of the new codification under Article 3, Section 14 of the Home Rule Charter. Einanc ial_Conside ration The base cost for the recodification was $14,000. This included legal review, sample ordinance service, conference with MCC attorney, conference memorandum, editorial work, typesetting and proofs, indexing, printing and binding of 50 copies with 485 pages on 8 1/2 x 11 inches, double column paper. The base cost of the contract does not include pages in excess of those listed above at $28 per page. There were 118 additional pages over the contract base quote. The base contract cost of $14,000 has been paid. Board/Commission Recommendation N/A Staff Recommendation Staff recommends the approval of the ordinance adopting an enacting the new code. Attachment Ordinance fThjiZSL CAL' Prepared b ev. ed by Fina ce City Manager Approval Consent Agenda Item No 5 Page 2 • ORDINANCE NO. AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. The Code entitled "Code of Ordinances, City of Wylie, Texas," published by Municipal Code Corporation consisting of chapters 1 through 118 and appendices A--C, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before December 10, 1996, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Except as provided for in section 1-9 of the Code adopted herein, every person convicted of a violation of any provision of the Code or any ordinance of the city shall be punished by a fine of not exceeding $500.00. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the city council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after December 10, 1996,that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall become effective . Passed and adopted by the this day of , Approved Attest Certificate of Adoption I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the city council of the City of Wylie, Texas, held on the day of City Secretary QUOTATION SHEET 1 PART ONE - RECODIFICATION: 1 (1) Base Cost, includes $14,000 Ia) Legal Review b) Sample Ordinance Service 1 c) Conference with MCC Attorney d) Conference Memorandum e) Editorial Work f) Typesetting and Proofs g) Indexing h) Printing and Binding i. Number of copies 50 Iii. Number of binders 50 iii. Number of sets of special order tabs 50 1 iv. Estimated pages (please choose desired format)' [] 6 x 9 inches 975 [] 8-1/2 x 11 inches, single column 700 [1 8-1/2 x 11 inches, double column 485 1 (2) Base Cost does not include: a) Pages in excess of those listed above will be billed as follows: 6x9inches $16 Ii. ii. 8-1/2 x 11 inches, single column $22 iii. 8-1/2 x 11 inches, double column $28 b) Tabular matter, additional per page no charge Ic) Freight charges (invoiced upon shipment) prepaid I (3) Additional services available: a) Code on computer i. Data integrated with Socrates or Folio VIEWS with WordPerfect 5.1 commands embedded, or in ASCII, I one license (includes handling) $515 ii. Each additional license $100 b) ISYS text search and retrieval software Ifor all documents see attached price list I 'A page is defined as the area on one side of a sheet of paper. A sheet contains two (2)pages. 9 I PART TWO - LOOSELEAF SUPPLEMENT SERVICE (1) Annual fee for Supplements none (2) Number of copies 50 (3) Cost per page a) 6 x 9 inches $16 b) 8-1/2 x 11 inches, single column $18 c) 8-1/2 x 11 inches, double column $22 d) Tabular matter, additional per page no charge e) One set of disks, including software upgrades, per Supplement $50 (cost in addition to regular Supplement per page charge) f) If additional sets of updated disks required, per set $25 (4) Sample Ordinance Service (Optional) a) Up to 100 pages, per annum $250 b) Over 100 pages, per page $0.50 f PAYMENT (1) Upon signing of the contract $3,500 (2) Upon completion of the conference $3,500 (3) Upon receipt of proofs $3,500 (4) Balance upon delivery of Code. (5) Payment for the Looseleaf Supplement Service will be due upon receipt of an invoice. Supplements will be invoiced when shipped. (6) Freight charges will be prepaid and invoiced at time of final billing. 10 I The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Municipality. • Submitted by: MUNICIPAL CODE CORPORATION .\ Ctj Wi Hess reside February 2, 1995 Accepted by: WYLIE, TEXAS 71/ /ele4 Ir°;'1"P4 ovO'Nd l‘t2MiC i e s ,Title C4-93 • 2 V,6 ate 11 WYLIE CITY COUNCIL tV11 CONSENT AGENDA COMMUNICATION ITEM NO 6 March 25, 1997 issue Consider approval of an ordinance canceling the election scheduled for May 3, 1997 and declaring the unopposed candidates for the May 3, 1997 Municipal Election as elected to office. Background During the last Legislative Session (1995), a law was passed that allows cities to cancel their elections if each candidate whose name is to appear on the ballot is unopposed, there are no declared write-in candidates, and no proposition is to appear on the ballot. The deadline to file an application for a place on the ballot and to declare as a write-in candidate for the May 3, 1997 General Election was Wednesday, March 19, 1997 at 5:00 p.m. No one filed for office opposing the three incumbents and there were no write in candidates, nor propositions on the ballot, therefore, the General Election may be canceled. The Contract for Election Services from the County, Section IV, C states: "If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $50. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 3, 1997, Joint General Election." The ordinance provides for the cancellation of the City Council General Election and declares the three unopposed candidates be elected to Place Nos. 1, 3 and 5. A copy of the ordinance will be posted on the bulletin board at City Hall and at the polling place on election day in accordance with State Law. As required by Section 2.052 of the Election Code, the authority responsible for having the official ballot prepared must certify that the candidates were unopposed and that no other candidate's name is to be placed on the list of write-in candidates for those offices under applicable law. F inanciaL C o ny i d e ration The contract signed with the county estimated the election expense to be approximately 3,958.28. The amount budgeted for the election was $3,500. An amendment to the budget would have been required if the election had to be held. The only expense that will result from the cancellation of the election will be the $50.00 contract preparation fee. Consent Agenda Item No 6 Page 1 Legal Consideration Chapter 2, Subchapter C, Election of Unopposed Candidate of the Texas Election Code states that each candidate whose name is to appear on the ballot is unopposed; and no proposition is to appear on the ballot. If the above conditions are met, the municipality may elect to cancel the election. Sections 2.052 and 2.053 of the Election Code states that the authority responsible for having the official ballot prepared shall certify in writing that a candidate is unopposed for election to an office if only one candidate's name is to be placed on the ballot for that office under Section 52.003; and no candidate's name is to be placed on a list of write-in candidates for that office under applicable law. On receipt of the certification, the governing body of the political subdivision by order or ordinance may declare each unopposed candidate elected to the office. If a declaration is made, the election is not held. A copy of the order or ordinance shall be posted on election day at each polling place that would have been used in the election. A certificate of election shall be issued to each candidate in the same manner as provided for a candidate elected at the election. Board/Commiss_ion_Reco_mmendation N/A Staff Recommendation Staff recommends that Council adopt the Ordinance which cancels the City Council General Election for Saturday, May 3, 1997 and declares the unopposed candidates be hereby elected to office as follows: Councilmember Place No. 1 Joel Scott Councilmember Place No. 3 John Mondy Councilmember Place No. 5 J. C. Worley and, these unopposed candidates be issued a certificate of election. Attachments Ordinance Certification `mom =' i,,,,,,;o Prepared b evi d by Finan City Manager Approval Consent Agenda Item No 6 Page 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, CANCELING THE ELECTION SCHEDULED TO BE HELD MAY 3, 1997, FOR THE PURPOSE OF ELECTING THREE (3) MEMBERS, (PLACE NOS. 1, 3 AND 5), TO THE CITY COUNCIL; DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; ORDERING THE POSTING OF THIS ORDINANCE AT CITY HALL AND AT THE POLLING PLACES ON ELECTION DAY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Resolution No. 97-3, was adopted by the City Council on February 11, 1997, for the purpose of electing three Councilmembers (Place Nos. 1, 3, and 5) to the Wylie City Council; and, WHEREAS, the election is for officers of the City in which write-in votes may be counted only for names appearing on a list of write-in candidates and in which each candidate whose name is to appear on the ballot is unopposed, and no proposition is to appear on the ballot; and, WHEREAS, the filing deadlines for name placement on the ballot and declaration of write-in candidacy have passed; and, WHEREAS, the City Council has received the City Secretary's written certification that each candidate is unopposed for the election; and, WHEREAS, in these circumstances, Chapter 2, Subchapter C of the Texas Election Code authorizes the governing body to declare each unopposed candidate elected to office and to cancel the election thereby avoiding the expenses related to holding an election and saving public funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1. The general election for the purpose of electing three Councilmembers (Place Nos. 1, 3, and 5) previously called for May 3, 1997, is hereby canceled. SECTION 2. The following candidates, who are unopposed for the May 3, 1997, General Election are hereby declared elected to office and shall be issued a certificate-of- election: Councilmember Place No. 1 Joel Scott Councilmember Place No. 3 John Mondy Councilmember Place No. 5 J. C. Worley SECTION 3. The City Secretary shall post a copy of this ordinance at City Hall and on election day shall post a copy of this ordinance at the polling places located at the Wylie Methodist Church, 109 Jefferson St. and Southfork Mobile Home Park, 216 Southfork Mobile Home Blvd. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or other remaining phrase, sentence, clause, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Wylie, and is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ON THIS THE 25TH DAY OF MARCH, 1997. APPROVED: Jim Swartz, MAYOR ATTEST: Susan Shuler, City Secretary APPROVED AS TO FORM: Richard Abernathy, City Attorney CERTIFICATION CITY OF WYLIE, TEXAS COLLIN COUNTY, TEXAS I, Susan Shuler, City Secretary of the City of Wylie, Collin County, Texas, do hereby certify, as the authority responsible for having the official ballot prepared for the May 3, 1997 City Council General Election, the following candidates are unopposed for election to said places for the office of Councilmember and no candidate's name is to be placed on a list of write-in candidates for those offices under applicable law. Councilmember Place No. 1 Joel Scott Councilmember Place No. 3 John Mondy Councilmember Place No. 5 J. C. Worley WITNESS MY HAND AND SEAL OF SAID CITY, this the 20th day of March, 1997. Susan Shuler, City Secretary WYLI E CITY COUNCIL //VI ACTION AGENDA COMMUNICATION ITEM NO 7 March 25, 1997 Issue Discuss and consider adopting a Resolution in recognition of Clean Up and Green Up Week Background This year marks the fifth annual Wylie Clean Up and Green Up Week. The event is an opportunity for the citizens of Wylie to show their pride in their community by taking part in the beautification efforts. Dumpsters will be set up at Community Park from Saturday, April 5 to Sunday, April 13 for citizens to bring, free of charge, their trash and tire recyclables. A free pick up service will be available for Senior Citizens and Physically Challenged Citizens. On Saturday, April 5 organized efforts for Adopt-A-Street, Adopt-A-Highway and other activities will begin at 8:30 at Olde City Park. Food, music, and prizes will be available for the volunteers. Financial Considerations The City's contract with BFI includes a provision for BFI to supply 10 thirty cubic yard containers and 25 free trips to the landfill. In 1995, the Clean Up/Green Up effort resulted in 32 hauls of 30 cubic yard containers. In 1996, the response more than doubled with 71 hauls of the containers at a cost of $10,350 to the City of Wylie. This cost does not include the 25 free hauls provided by BFI, Inc. The cost per haul is $225.00. The TNRCC has established a program whereby a company which is subject to an Enforcement Order may make a local contribution to a project approved by the TNRCC. As a result of the settlement of an Enforcement Action brought by the TNRCC against Texas By-Products, the City was able to submit a proposal for a Supplemental Environmental Project. The City has been awarded $10,000, contributed by Texas By-Products, to go toward the provision of the dumpsters for this year's Clean Up/Green Up event. Legal Considerations N/A Action Agenda Item No 7 Page 1 Board/Commission_R-commendation N/A Staff Recommendation N/A Attachment Supplemental Environmental Project Agreement Clean Up/Green Up Flier Resolution ..mitit 6406,, Prepared y. Revi ed by Finan e City Manager Approval Action Agenda Item No 7 Page 2 Attachment A City of Wylie Supplemental Environmental Project 1. Project Description The City of Wylie ("City") shall provide 30 cubic yard dumpsters in a central location for Wylie residents to bring their trash, brush, and bulky items for free disposal as part of the City's annual Clean Up/Green Up event. The City estimates that the cost for hauling each dumpster is Two Hundred Twenty-Five Dollars ($225.00). The City agrees that it will incur capital costs of at least Ten Thousand Dollars ($10,000.00) to implement this SEP. The Ten Thousand Dollars ($10,000.00) will be contributed by Texas By-Products and immediately placed in a separate interest-bearing account by the City. 2. Performance Schedule Within 30 days of receiving the SEP monies from Texas By-Products, the City shall provide documention that it was deposited in a separate interest-bearing account to the TNRCC SEP Coordinator. The City shall complete the project described in Section 1 by May 31, 1997. Within 30 days of completing the project described in Section 1 above, the City shall provide a written report to the TNRCC SEP Coordinator. The written report shall contain the information specified in Section 3 below. 3. Records and Reporting The City shall document all capital costs incurred under the terms of this SEP. The final report shall describe the City's SEP activities. The report shall contain the amount of interest accumulated on the SEP monies, the total amount of SEP monies expended for the project, and documentation of all capital costs, including receipts for all expenditures. The final report shall be submitted to the following address: SEP Coordinator Litigation Support Division Texas Natural Resource Conservation Commission MC-175 P.O. Box 13087 Austin, Texas 78711-3087 4. Failure to Fully Perform In the event that the City does not satisfy its obligations under this SEP, the City shall pay the amount of the SEP Monies and interest remaining in the SEP account to the TNRCC for deposit in the General Revenue Fund of the State of Texas. The check for any amount due shall be made out to "The State of Texas - General Revenue Fund" and mailed to: Texas Natural Resource Conservation Commission Financial Administration Division, Revenues Attention: Cashier, MC 214 P.O. Box 13088 Austin, Texas 78711-3088 A copy of the check shall be mailed to the TNRCC SEP Coordinator at the address stated under Section 3 above. 5. Publicity Any public statements concerning this SEP made by or on behalf of the City must include a clear statement that the project was performed as part of the settlement of an enforcement action brought by the TNRCC against Texas By-Products. Such statements include, but are not limited to, advertising, public relations, and press releases. 6. Clean Texas 2000 Program The City shall not include this SEP in any application made to TNRCC under the "Clean Texas 2000" (or any successor) program(s). Similarly, the City may not seek recognition for this contribution in any other state or federal regulatory program. 7. Other SEPs by TNRCC or Other Agencies The SEP identified in this attachment has not been, and shall not be, included as an SEP for the City under any Agreed Order, negotiated with the TNRCC or any other agency of the State or federal government. F.p Wy V? 4:k ie :4:ic CLEAN & PROUD V � / C\1\----°1\-* Fq — FJ uT � p April 5through 13 , 1997 Keep Wylie Beautiful, The City of Wylie, and the Wylie Chamber of Commerce ask you to join in a city-wide effort to "Clean Up and Green Up Wylie'. Let our city's appearance reflect its proud citizens. * Trash Dumpsters &Tire Recycling * Free Pick Up Service Available for Seniors Located At Community Park and Physically Challenged Citizens by (Pirate&Thomas) Calling 442-7588 - Call Before April 2, 1997 Mon. - Fri. 1:00 p.m. to 7:00 p.m. (1 Pick-Up Load Per Residence) Sat. - Sun. 8:00 a.m. to 5:00 p.m. Pick Up will be Saturday, April 5, 1997 (Sunday service only if dumpster space is available) 8:30 a.m. - Noon No Charge for Use of Dumpsters CLEAN UP IDEAS _ "+ DUMPSTER GUIDELINES * Neighborhood Clean Up Parties ." MAAM Items MUST be Placed Inside Dumpster * Place a litter bag in your car * Wylie Citizens Only - * Place trash receptacles outside ;^1 Identification Required for Use * Maintain easements fronting \ � your property ^ ,t * No Commercial Construction Debris /j \. \^� •t; �: r • No Paint Cans, Oil, Batteries, or Other �� Household Hazardous Materials No Refrigerators, Freezers, Air Conditioners or Any Appliance Containing Chlorofluorocarbon (CFC) Refrigerants * Dumping any of these is a Federal Violation and Subject to Prosecution. 5th Annual City-Wide Clean Up Saturday, April 5, 1997 from 8:30 a.m. to 1:00 p.m. at Olde City Park (Jackson Street Side) Businesses, Organizations, & Individuals Welcome Register by Wednesday, April 2, 1997; so we can expect you. Please call 442-7588 Activities Include: Adopt-A-Street for a Day—Adopt-A-Highway Assisting in Pick-Up Service for Senior and Physically challenged Citizens Food - Music - Mobius (BFI Mascot) - Drawing for Prizes for Registered Volunteers Clean Up - Green Up is made possible through the efforts of the following: Adopt-A-Highway Groups Classic Gardens Nursery Total Taxi Allan Weiss Enterprises Downtown Merchants Association Wylie News Baker's Dozen Donuts McDonald's Wylie Printing&Office Supply Brookshire's Grocery Nortex Nursery Wylie Supermarket Browning Ferris Industries Tim the D.J. City of Wylie Parks and Recreation. Public Works and Fire Department RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, DESIGNATING THE WEEK OF APRIL 5, 1997 AS CLEAN UP AND GREEN UP WEEK WHEREAS, the City Council supports the beautification of the Wylie community through volunteering and cooperative efforts of its citizens; and, WHEREAS, the City Council believes that this effort, to be successful, must have the support of the community; and, WHEREAS, the City Council believes that the Clean Up and Green Up Program will continue to be successful in the aesthetic improvement of our neighborhoods, streets, rights of way, and business areas; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Wylie, that: SECTION 1. The week beginning April 5, 1996 is Clean Up and Green Up Week in the City of Wylie. SECTION 2. Clean Up and Green Up Day will be held Saturday, April 5, 1997. SECTION 3. All citizens are to take pride in the City of Wylie and are encouraged to take part in the beautification of their community. DULY PASSED AND APPROVED this the day of , 1996. Jim Swartz, Mayor ATTEST: Susan Shuler, City Secretary WYLIE CITY COUNCIL r1/1 ACTION AGENDA COMMUNICATION ITEM NO 8 March 25, 1997 Issue Discuss and Consider Approval of a Resolution for the Participation in the Coalition for Cable Rate Study and Authorizing the City Manager to Enter into an Agreement with C2 Consulting Services. Background Several cities in the Metroplex have come together to form a coalition in order to hire C2 Consulting Services to evaluate the rate structure of TCI Cablevision. Those cities include: Bedford, Cedar Hill, Colleyville, DeSoto, and Flower Mound. TCI has filed FCC Form 1240/1205 which set rates for Basic and Expanded Basic Service, and rates for equipment and installation, respectively. The Scope of Services provided by the consultant include: An assessment of the completeness of the filings submitted to the member cities; An assessment of the operator's determination of costs; An assessment of the operator's application of the various FCC instructions, tables and formulae; An assessment of the operator's compliance with various FCC rulings related to the provision of basic service and installation and equipment related activities; and, An assessment of the reasonableness of any estimation or allocation methodologies employed by TCI to determine the costs to be recovered within each of the Cities' franchise areas. Further, the consultant will provide each of the member cities with a written report specific to their respective rate filings. The report will include a description of the project activities, findings and recommendations regarding potential City Council actions. One of the benefits of the coalition is that the Form 1240/1205 filings may be identical for a number of the participating cities with the TCI system. The consultant has agreed to treat the review of these filings as one filing for cost purposes. The City of Wylie has the opportunity to participate with the Coalition. By utilizing the consultant, Council will be able to thoroughly evaluate this filing to ensure that the cable customers in Wylie are receiving the best and most economical service possible. Action Agenda Item No 8 Page 1 Financia Consi•or_ations Based on the cities which are currently participating, the Consultant has estimated that the total cost for the project will be $6000.00, plus out-of-pocket expenses. As such, if Wylie chooses to participate, the city's portion of the study would be less than $1,000.00. The agreement among the member cities states that the price is subject to change, depending on the final number of cities which join the coalition. In addition to Wylie, the cities of McKinney and Grand Prairie memberships are pending. Once the final determination is made, the cities will be invoiced with the exact cost estimate from the consultant. If, at that time, the city decides not to participate, the membership will be terminated and no retribution will occur. There were seventeen cities participated in the 1996 rate study, some of which locally include: The City of Bedford, Farmers Branch, Flower Mound, Grapevine, and Mesquite. Based on recommendations made at the conclusion of the analyses, many of the participating cities established rates that were later appealed by TCI to the FCC. Recent FCC decisions have been rendered on a number of these appeals, and the FCC has found in favor of the actions taken by these cities with respect to almost all issues. Legal Considerations The City Charter Article II, Section 1-C establishes the power of the City to cooperate with the government of any city for any lawful purpose for the advancement of the interest, safety, convenience and welfare of its inhabitants. Board/Commission Recommendation N/A Staff Recommendation The cable rate study is an example of a municipal issue which can be effectively dealt with on a regional basis. Staff recommends the approval of the Resolution for the participation in the Coalition for Cable Rate study. Attachment Resolution Proposal from C2 Consulting Services Letter of Acceptance with C2 Consulting Services I r ',1\-Jkkt Prepare y Revi d by Finan e City Manager Approval Action Agenda Item No 8 Page 2 RESOLUTION NO A RESOLUTION AUTHORIZING THE PARTICIPATION OF THE CITY OF WYLIE IN A COALITION WITH OTHER SERVICE AREA CITIES OF TCI CABLE FOR THE PURPOSE OF RATE REGULATION AND OTHER SERVICE MATTERS CONCERNING TCI CABLE TELEVISION; AUTHORIZING THE EXECUTION OF THE COALITION PARTICIPATION AGREEMENT;AUTHORIZING THE COALITION'S SERVICE AREA CITIES TO RETAIN A CONSULTANT TO INITIATE A RATE REVIEW OF TCI CABLE. WHEREAS, TCI Cable ("TCI") has increased rates in the service area; and WHEREAS, the service area cities desire to conduct a rate review; and WHEREAS,by forming a coalition,the service area cities desire to reduce the costs of conducting the rate review; and WHEREAS,the City of Wylie, Texas ("City"), is a regulatory authority whose citizens will be substantially affected by the rates established by TCI; and WHEREAS,the Coalition of TCI Cable Service Area Cities ("Coalition") has been created to coordinate the participation of cities in TCI's service area; and WHEREAS,the City has investigated and inquired into such matters; and WHEREAS, the City desires to participate as a member of the Coalition; and WHEREAS, C2 Consulting Services("Consultant")has been designated as the consultant to perform the initial rate review services at the costs set forth in the proposal attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1.The City agrees to participate with such other TCI Cable Service Area Cities in a coalition to review rate regulations and other issues affecting such rates and services. Section 2. Each Service Area City shall enter into an independent letter agreement with the Consultant which provides for the reduced cost for the services as a member of the Coalition. The City Manager is authorized to enter into the letter agreement with the Consultant. Resolution No Page 2 Section 3. The City hereby authorizes the Coalition of TCI Cable Service Area Cities, of which this City is a member, to engage consultants to conduct a rate review on behalf of the City. DULY RESOLVED by the City Council of the City of Wylie,Texas,on this the 25th day of March, 1997. James D. Swartz, Mayor Susan Shuler, City Secretary ;' !. -`-- ONSULTING SERVICES, INC. 7201 Pencross Lane �4;'?,) '',�„F -i'.�.lF? IFax l Dallas, Texas T 5240 December 30, 1996 Ms. Ashley Meeler Administrative Intern Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 • Dear Ms. Meeler: Pursuant to your letter of December 17, 1996, C2 Consulting Services, Inc. ("C2-) is pleased to respond to your request for proposal regarding cable television rate regulation. While C2 only has been in existence since August 1996, its President, Ms. Constance Cannady has been assisting numerous Texas municipalities in their regulation of basic service and equipment and installation rates since -re-regulation" began in 1993. Based on the information provided, it is C2's understanding that the Town of Flower Mound and a number of other Cities wish to form a coalition in order to regulate the rates of their respective cable operators. This can be highly beneficial from several perspectives: • Timely dissemination of information regarding changes in rate regulation, recent FCC decisions and potential impacts on future rates • Potential for a uniform approach to rate regulation (particularly in light of the geographic area under consideration) • A sharing of any outside costs of rate regulation Given that the list of Cities currently interested in joining the coalition have TCI as their service provider, these benefits are further enhanced. The following proposal provides a description of the scope of services r be tiled byew TCI lduring provide in evaluating a FCC Form 1240/1205 that is anticipated the first quarter of 1997. With the understanding that the coalition may consist of Cities responding favorably to your inquiries, the project costs have been id if ed Additionally. a to accommodate the inclusion of the various entities and anticipated r p ed filings. brief description of the qualifications of C2 and its President have been included. Ms M eeler December 30. 1996 Pa_e C greatly appreciates this opportunity to propose services to the Town of FlonyerI Mound u as well as to the other potential participants in a cable rate regulation coa haN,e any questions regarding the proposed project activities. project costs or need further information about the firm and its qualifications, please feel free to contact Ms. Constance Cannady at (972) 7_6-7_16. Very truly yours, (,)\ ,041"&lid 41^-A-c St/1'V( C-4% JI-Vt•C . C2 Consulting Services, Inc. TABLE OF CONTENTS P AGE SECTION I. SCOPE OF SERVICES SECTION IL PROJECT COST 3 SECTION III. FIRM QUALIFICATIONS AND RELEVANT EXPERIENCE RESUME SECTION I. SCOPE OF SEVICES Project Objectives Based on C2's experience in performing: rate evaluations of Various FCC forms and calculations. the project objectives include the following: • Assessment of the completeness of the filings tees''rles based egulat onon required information and documentation per the FCC and C s. • Assessment of the actions taken by the Cities during review of the 1996 filing of the Form 1240/1205 to determine any required treatment of costs for the 1997 filing. • Assessment of the accuracy of the operator's determination of costs fort e true-up and projected periods. • Assessment of the operator's application of various FCC instructions, tables and formulae • Assessment of the operator's compliance with various FCC rulings related to the provision of basic service and installation and equipment related activities. • Assessment of the reasonableness of any estimtion or ahe costs toobetrecovered within ion methodologies employed by TCI to determine each of the Cities' franchise areas. At the conclusion of the project, C2 will provide each of the Cities with a written report specific only to their respective rate filings. The report will include del City Councila althe project activities, findings and recommendations regarding p otentiactions. Project Scope Based on the understanding that the Cities will receive a Form 1240/1propos2005so filing f from the TCI, and in light of the project objectives identified above,C2following activities: • Initial review of the filings and identification of: Cb Any filing deficiencies and necessary actions Potential issues based on the operator's approach to developing rates Compliance/non-compliance with FCC rulings • Submission of detailed requests for information • Analyses of responses to requests for information and submission of follow-up requests. as necessary proposal based on the analyses • Determination of the reasonableness of TCI's pro p and any further rulings issued by the FCC during the course of the review t"C .pert rcr'. Ira. !ropoNrd-'. 7rMnswn Iluti il.gu1oIi rr • Discussion with the coalition regarding preliminary findings and recommendations • Submission of written report and presentation before the coalition • Meeting with TCI and coalition, if desired, to discuss the findings and recommendations prior to submission to Councils The above includes the activities to be performed for the members of the coalition as a group, and does not provide for specific activities that may be required by individual Cities subsequent to the issuance of the reports. However, during past engagements, additional assistance has been provided which includes the following: • Assistance to Cities' staff in preparing their respective Council documentation • Meetings with Cities' legal representatives to discuss potential actions • Presentation of findings and recommendations before City Councils Since these activities may not be desired by all participating Cities, C2 has provided them separately as a"choice" to each of the coalition members, with a segregated cost as discussed in Section II.. ("('wuu(lulti Soot r<c%.hrc rupusu(-l'uh/r 7rlevo ni Raw RcLrr(u!1(nr l'u¢r 2 SECTION II. PROJECT COST Coalition Activities C2 estimates that the professional fees required to conduct an evaluation of a single Form 1240/1205 are not-to-exceed $4,000, plus out-of-pocket expenses. Given that the other interested Cities have TCl service, evaluations of additional filings (that contain completely different cost information) can be conducted for a cost not-to-exceed S2,000, plus out-of-pocket expenses. It is necessary to note that the Form 1240/1205 filings may be identical for a particular system that includes a number of participating Cities. For n„m2ses of this cost proposal, those FCC FQ i- id 1205 filings that are enti[at .y lihe rested as one filing and not separate for each of the Cities bein T re re . Only in the event that the cost data differs wit in i ings, is it considered an additional filing for purposes of C2's not-to-exceed project cost. Activities of"Choice" for Individual Members The not-to-exceed project cost does not include the activities that have been identified separately as being a matter of"choice." These activities are proposed to be conducted based on actual hours spent at the hourly billing rate of Ms. Cannady of$135/hour, plus out-of-pocket expenses. Billing Practices C2 bills its clients monthly based on actual hours worked, plus out-of-pocket expenses. In the event that the actual hours spent in conducting the total coalition activities are less than those used in the development of the not-to-exceed proposed costs, the coalition will be billed only for the actual hours. However, if the actual hours exceed the estimate, the coalition will only be billed up to the not-to-exceed cost, plus out-of-pocket expenses. l'_ Service, /ac. Pt-apical-l'rhlr Television Rate Nreuluuuu SECTION III. FIRM QUALIFICATIONS AND RELEVANT EXPERIENCE Business Organization C2 Consulting Services, Inc. is a Texas corporation e�!cCannady Cc conducting vas organized for August 1, 1996. Founded by its President, ConstanC l gov n the rp u ose of providing high quality consulting service the o cam and statficatiern are tal entities located in the Southwest. As C2 is inPits infancy, at tributable to its President, Ms. Cannady and her thirteen years of consulting has footh the public and private sectors. Much of Ms. Cannady s consulting u on the regulation and franchising of utility services, regulated by Cennadyos either alre or state e. organizations. This experience is clearly demonstrated e Due to its organization and the general focus of the consultingl e i fis to bCcatio A ovidy as a. C2 filed for certification by the North Central Texas Regand received certification on November 15, 1996, No. woman-owned business a WFSD8073N l 197. Business Address C2 is located at the following address: C2 Consulting Services, Inc. 7801 Pencross Lane Dallas,Texas 75248 (972) 726-7216 (972) 726-7216 (Fax) Firm Engagements Since its organization in August, the firm has been conducting engagements for the City of Ga rland,Texas, the City of Marshall,Texas, the Gulf Coast Coalsitios of Citi she and the Oklahoma Corporation Commission. Fora th;C ty of Garland, C2ton to change the statewide city gate evaluation of Lone Star Gas Company'sppi le rat e. For the City of Marshall, C2 is assisting in the determination of he City television se rates as well as a review of the cable franchisee's compliance agreement. With respect to the Gulf Coast Coalitions' oalr's�Communif ty Choice Cities, C2 assisted in pro Posal assessment of Texas-New Mexico Power Company ma Corporation Commission before the Public Utility Commission man al to be used by the engagement involves the development of a rate case processing Public Utility Division. (.2('onsul(ing JervtLes, /uc. 'rupusul• 'uhle Telerisuns(lade Regulation Engagements Specific to Cable Television Rate Regulation While employed as a Manager at Reed-Stowe & Co.. Inc. Ms. Cannady conducted numerous evaluations of cable rate filings, the majority of which dealt with systems operated by TCI. Below is a brief outline of the engagements conducted by Ms. Cannady since the -re-regulation" of cable television rates in 1993: 1. Texas Cities for whom evaluations of the 1996 Form 1240. 1205 rates were performed: City of Alvin City of League City City of Bedford City of Marshall (Falcon) City of El Lago City of Mesquite City of Farmers Branch City of Nassau Bay City of Flower Mound City of Seabrook City of Friendswood City of Taylor Lake Village • City of Grapevine (Paragon) City of Texas City City of Harlingen City of:Webster City of La Marque Many issues arose during the evaluation of the TCI filings for equipment and installation rates. Based on recommendations made at the conclusion of the analyses, many of the above municipalities established rates that were later appealed by TCI to the FCC. Recent FCC decisions have been rendered on a number of these appeals, and the FCC has found in favor of the actions taken by the Cities with respect to almost all issues raised. 2. With the exception of the Cities of Bedford, Harlingen, and the Town of Flower Mound, analyses were conducted of the ofFCC he Citrnieis identified under I 393, FCC Form Oem/ll OS and quarterly FCC Form 1210 foreach 3. Ms. Cannady conducted a review of the TCI cost-of-service filing, FCC Form 1220, for the City of Dallas in 1995. This was the basis for the City's establishment of the first regulated basic service rate and equipment and installation charges since the enactment of the 1992 Cable Act. 4. Ms. Cannady assisted the City of Rockwall in its review of Mission Cable's small cable operator rates under the FCC Form 1235. 5. As required, Ms. Cannady has assisted legal counsel in preparing responses to the FCC concerning appeals by the operator of the local franchise authority's decisions. (''('unsulting.tidr1'rc v.S.(nc. upuutl-('able Telrw,vun Rate Regulation l;rtr- Engagements Related to Regulation of Public Utility Services In addition to cable television services, Ms. Cannady has conducted cost of service and rate design studies regarding electric, gas and telephone services before the following state and federal agencies: Alabama Public Service Commission Arizona Corporation Commission Colorado Public Utilities Commission New Mexico Public Service Commission Oklahoma Corporation Commission Public Utility Commission of Texas Railroad Commission of Texas Bonneville Power Administration In addition, Ms. Cannady has performed numerous cost of service and rate design studies for municipalities with original jurisdiction concerning gas, water, and wastewater operations. She has provided expert testimony regarding rate base issues and appropriate fuel costs before the Public Utility Commission of Texas with respect to Texas Utilities Electric Company's and Houston Lighting and Power Company's respective operations. Professional References: Mr. Ron Cox Mr. Bob Miller City Manager Attorney City of Friendswood Gardere & Wynne L.L.P. 910 South Friendswood Drive 1601 Elm Street, Suite 3000 Friendswood, Texas 77546 Dallas, Texas 75201 (281) 996-3250 (214) 999-4219 Ms. Eugenia Cano Mr. J. C. Hughes City Attorney Assistant City Manager City of Alvin City of Marshall 216 West Sealy Street PO Box 698 Alvin,Texas 77511 Marshall, Texas 75671 (281) 388-4267 (903)935-4419 Mr. Richard Escalante Mr. Ted Barron City Manager City Manager City of Farmers Branch City of Mesquite One City Hall Plaza 1515 North Galloway Farmers Branch, Texas 75234 Mesquite, Texas 75149 (972) 919-2516 (972) 288-771 1 (.2 l•urrsu(tnrt Senvrce-.Inc. Proposal-t'able Ides won Hate ReYu�lation Mr. Robert A. Rima Ms. Cheryl Wilson Attorney Attorney Law Office of Robert A. Rima Olson & Olson 1005 Congress Avenue, Suite 1010 3485 Three Allen Center Austin, Texas 78701 333 Clay Street (512) 478-2700 Houston. Texas 77002 (713) 759-0696 Mr. Jack E. Stowe, Jr. President Reed-Stowe & Co., Inc. 1651 N. Collins Boulevard, Suite 115 Richardson, Texas 75080 (972) 680-1880 • (':l uucU/1l?l J'rricr lin propocol- 'tM. 7 i lrci.wai Roux RCY,,/UiUUll RESUME CONSTANCE T. CANNADY PRESIDENT C2 CONSULTING SERVICES. INC. Ms Cannadv. founder of C2 Consulting Services. Inc., has had approximately thirteen years of consulting experience Much of her career has been spent dealing with issues related to regulation and franchising of utility services, both at the local and state level. She has been involved in numerous rate studies involving cable television,electric, gas, telecommunications, water and wastewater services. In addition, Ms. Cannadv has conducted a number of management and operations reviews of utility operations, manufacturing concerns, financial institutions,entrepreneurial operations and state agencies' programs. Additional work experience includes positions as Manager at Reed-Stowe&Co.. Inc., Manager of Accounting and Control for the Information Services Division of Blue Cross of California, Senior Consultant for Touche Ross&Co. (now Deloitte&Touche). and as a Management Auditor for the U S.General Accounting Office. More specifically.Ms.Caimady's experience includes: • ■ Currently assisting the Gulf Coast Coalition of Cities concerning Texas-New Mexico Power Company's proposed"Community Choice" program- Docket No. 15560 before the Public Utility Commission of Texas. • Currently assisting the Oklahoma Corporation Commission in developing a rate case processing manual to be used by its Public Utility Division. • Currently assisting the City of Marshall,Texas in its regulation of cable television rates and franchise compliance. • Recently assisted the Gulf Coast Coalition of Cities in its participation in Project No. 14400(Integrated Resource Planning Rule)before the Public Utility Commission of Texas. • Recently assisted the Dallas Independent School District during its participation before the Railroad Commission of Texas(and earlier before the City of Dallas)regarding appropriate gas utility rates to be charged to the District. ■ Recently assisted the City of Austin in the performance of a thirteenth year compliance review of its cable franchisee, Austin CableVision(a Time Warner system). • Recently assisted fifteen Texas municipalities in reviews of the FCC Form 1240 rate change filing submitted by local cable television operators. • Assisted the City of Dallas in its review of a comprehensive FCC Form 1220 Cost-of-Service Showing for cable television rates. • Assisted the City of Greenville in developing a cost allocation model to be used by the City to allocate shared costs with its electric utility operations. • Provided testimony before the Public Utility Commission of Texas regarding appropriate rate base treatment ot'tuel inventories and fuel expense of Houston Lighting&Power Company, Docket No. 12065. • Presented testimony before the Public Utility Commission of Texas regarding appropriate rate base of Texas Utilities Electric Company to be used in determining revenue requirements, Docket No. 5640. • Directed and performed numerous analyses of rate base, rate of return, operating income. revenue requirements and capital structure for state authorities regulating gas, electric, water and telephone companies in Arizona, New Mexico, Texas and Oklahoma • Directed and performed numerous analyses of rate base, operating income, rate of return. revenue requirements. capital structure and rate design for municipalities regulating natural gas burner tip rates. • Conducted anahrses of water and wastewater cost of service in order to determine appropriate retail and/or wholesale rates for several Texas municipalities. • Conducted numerous customer class cost allocation studies regarding natural gas and electric utility operations in Texas, Colorado and Oklahoma. • Conducted reviews of FCC cable rate filings for numerous municipalities since re-regulation of cable rates in 1093. The FCC forms include Form 393, Form 1200, Form 1205, Form 1210, Form 1220, Form 1230 and Form 1240. (Filings are made either on a quarterly basis or an annual basis.) • • Assisted several Texas municipalities in franchise renewal efforts involving cable, gas and electric franchises. • Directed the review and analysis of public and cooperative utilities' requests for rate subsidies under a program involving a federally operated electric utility. • Developed written procedures covering all areas of operations within a state agency's transportation di' .sion. • Developed written procedures covering manual operations of docketing,case assignment,and case tracking for a state regulatory agency. • Participated in the investigation of fuel procurement practices of an electric utility. • Assisted in the development of a state-wide Emergency Energy Conservation Plan for the Department of Energy of the State of Oklahoma. • Directed analyses of organization and operation of a voluntary blood donor program. • Directed analysis for Debtor in Possession of a company involved in sale of precious metal. Analyzed company's financial position at time of bankruptcy. • Directed analysis of product line profitability related to determination of possible predatory pricing practice in the aerospace industry • Participated in management studies concerning the efficiency of internal audit functions within federal financial regulatory agencies. Ms.Cannady has provided consulting services to the following municipal clients: Cities of Abilene,Carrolton,Denison, Farmers Branch,Garland,Grand Prairie,Killeen, Lewisville, Mesquite, Paris, Plano, Richardson, Sherman and Wichita Falls,Texas • Lone Star Gas Company Rates Rcuvm'-Cl:C.uinadv Page 2 City of Arlington,Texas • Lone Star Gas Company Rates • Wholesale Wastewater Rates • Tarrant County Water Control and Improvement District No. 1 City of Dallas • TCI Cablevision of Dallas Rates City of North Richland Hills • Water/Wastewater Service Rates City of Rowlett • Water/Wastewater Service Rates Cities of Alvin, Farmers Branch, Bedford. Harlingen, Flower Mound, Friendswood. Seabrook, El Lago, Nassau Bay, Webster, League City,Taylor Lake Village.Clear Lake Shores.Jacksonville, La Marque, Mesquite,Texas City • ICI Cablevision Rates and/or Services Cities of Austin,Galveston and Port Arthur.Texas • Southern Union Gas Company Rates Cities of Atlanta and Marshall,Texas • Falcon Telecable Rates Cities of Beaumont and Houston, Texas 1 Entex, Inc. Rates City of Rockwall,Texas • Fanch Communications Rates and Services ts.Cannady has performed consulting services regarding matters before the following state regulatory agencies: Railroad Commission of Texas • Lone Star Gas Company Gate Rate-Docket No. GUD 3543 Public Utility Commission of Texas • Project No. 14400-Integrated Resource Planning • Houston Lighting&Power Company-Docket No. 12065 • Texas-New Mexico Power Company-Docket Nos. 15560, 12900, 10200 • Texas Electric Utilities Company-Docket No. 5640 • Gulf States Utilities Company-Docket No.4510 • General Telephone Company of the Southwest-Docket Nos. 4300 and 5011 • West Texas Utilities Company-Docket Nos.4202 and 4716 Rcsuas:-C.T.Cannady Page 3 Arizona Corporation Commission • Arizona Public Service Company- Docket No. U-1345-82-266 Oklahoma Corporation Commission • Arkansas Oklahoma Gas Corporation-Cause No. PUD 001346 New Mexico State Corporation Commission • Continental Telephone Company of the West-Docket No. 942 • General Telephone Company of the Southwest-Docket No. 990 Colorado Public Utilities Commission • Southern Colorado Power-cost allocation study Alabama Public Service Commission • Alabama Power Company-Fuel Procurement Review Education Master of Public Affairs. May 1979 Moody Fellowship, L.B.J. School of Public Affairs University of Texas At Austin Bachelor of Arts.magma cum laude, May 1977 Vanderbilt University Resume-C.T.Cannady Page 4 ONSULTING SERVICES, INC. 7801 Penrose Lane (972) 726-7216 Dallas, Texas 75248 (972) 726-721 6 (Fax) January 30, 1997 Ms. Ashley Meeler Administrative Intern Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 Dear Ms. Meeler: C2 Consulting Services, Inc. ("C2") is pleased to have this opportunity to work with the Coalition of Cities in determining reasonable cable television service and equipment rates. Based on the information provided, it is anticipated that there will be two separate TCI Cablevision system rate filings received by the Coalition. Pursuant to the Scope of Services and the associated Project Cost sections included within the proposal dated December 30, 19961, and based on the above assumption of two separate system filings, C2 estimates that the Coalition's total costs for performing Coalition Activities"2 will not exceed $6,000, plus out-of-pocket expenses. Additional activities performed on behalf of individual Cities will be billed at an hourly rate of $135/hour directly to the City requesting the additional services. In the event that other Cities choose to participate in the Coalition and have FCC Forms 1240/1205 rate filings that are identical to those already under consideration, C2 will bill the Coalition only for any out-of-pocket expenses incurred on behalf of the additional participants. However, if these new participants have filings that are not the same, the Coalition will be billed an additional $2,000 for each dissimilar FCC Forms 1240/1205 filing for which C2 conducts the activities noted as "Coalition Activities.- Based on your request, C2 agrees to bill each of the Coalition members separately in order to effectively account for any additional services/out-of-pocket expenses incurred 'Proposal to Provide Assistance in the Evaluation of Cable Television Service and Equipment Rates, December 1996. 2Id., page 3. Ms. Ashley Meeler January 30, 1997 Page 2 on behalf of a particular member. However, C2 respectfully requests that the Coalition membership determine the method by which the billing for"Coalition Activities" will be divided(e.g. cable subscribership). ACCEPTANCE If this letter is in agreement with the Coalition of Cities' understanding as to the scope of services to be provided and the associated fees as referenced within the proposal of December 30, 1996 as well as specified above, please execute one copy and return it to C2 at the following address: C2 Consulting Services, Inc. 7801 Pencross Dallas, Texas 75248 If you have any questions, please feel free to contact Ms. Connie Cannady at(972) 726-7216. Very truly yours, exy\SaA, L-11A'C- C2 Consulting Services, Inc. City By: Date: Signature Typed/ Printed Name Typed/ Printed Title WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 9 March 25, 1997 Issue Hold a Public Hearing and consider a recommendation to the City Council a request from David and Jan Morgan for approval of a zone change from "MF" Multi-Family Residential to "2F" Residential District for property located at 102 S. Fourth and more particularly described as lot 1, block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494, Deed Records, Collin County, Texas. Background David and Jan Morgan are requesting that the above referenced property's zoning classification be changed from "MF" Multi-Family to "2F" Two Family Residential District. The City of Wylie Comprehensive Plan's land use designation for the property in question is Residential. Per the Comprehensive Plan, Residential is defined as follows: • SF-1, Single Family Residential District • SF-2, Single Family Residential District • SF-3, Single Family Residential District • 2F, Two Family Residential District • SFA, Attached Single Family Residential District • MH, Mobil Home District When determining what is an appropriate land use, consideration should be given to the existing development in the immediate area. This area has been developed with single family residences to the south and east. Directly behind the property to the west is a duplex. To the north, there are retail uses along State Highway 78 North. The property on the east, west and south sides of this location will still be zoned as "MF" Multi-Family. The property to the north is zoned as Retail (please see attached zoning map). This particular piece of property has been condemned and the previous structure demolished. The Morgans have recently purchased the property and now wish to build on it. Property notifications were sent to all persons shown by the City of Wylie's most recent Property Tax Role as owning land within 200 feet of the property in question. Four favorable responses have been received. Action Agenda Item No 9 Page 1 Board Recommendations The Planning and Zoning Commission met on February 17, 1997, and voted in favor of the zone change request. However, the lot width requirement for the "2F" District is 80 ft. The lot width of the Morgan's property is 68 ft. The Planning and Zoning Commission required that the Morgans obtain a variance from the 2F lot width requirement. The Zoning Board of Adjustment met on March 10, 1997 and voted in favor for the Morgan's requested variance. Fi naneiaLConsisieratinns Financial considerations involved in this matter consist only of applicable zone change filing fees. Legal Considerations Article 9, Section 2 (B2) of the Wylie Home Rule Charter, 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 this Zone Change Request. The request conforms to the guidelines of the Comprehensive Plan and is a proper land use for the area. This type of development is needed in older sections of town and can be one of the first examples of the type of redevelopment that can help reestablish certain areas of town. Attachments Zone Change Application Public Hearing Notice Property Owners List and Responses Location Map Area Zoning Map. rkt.. Prepay y Revie d by Fina e City Manager Approval Action Agenda Item No 9 Page 2 �-Z a/►7 Page 1 of 2 c ,C, )_ () (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 • APPLICATION FOR ZONING CHANGE Case No. Filing Fee d-� Date I ` /5— 97 Applicant tLUzd `f' Jary CftUrO Phone No. 4/4A,Z- Mailing Address: Work No. 3O 00 woad C--e . 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 �-o ! , C31oc_k az o-F 02a. ; IroaoL RdoC Iort. , art Oacti,4'o►' o \A(y l t._ Co U.I CJ) j a Lcord(: , pl ak draw rt by -Thomas , • r'co r°L"L /11 VOL 7'� , po• i , le¢-c-oro1 , Cott;h CD, 776 . � s al? pr r— desori,6-ecL in ,p _te rcor �d� ;PI Vol. 7 SS/pa e_ S9(5,Decd Records of I hereby request that the above described property be changed ffom its present zoning which C6,�?� is rn t District Classification to (F District Classification for the following reasons: (attach separate sheet if necessary) i e- Of o o(- p re -F-e-r (0 b tt;J d, C�L.p l�y Y'Ci,4-h-e r h a.,`t -- u,r --0/06 Oft-Ole- ot/ce- rap eJv �` -�h�r�c I rr) e, re ah041,b, / n `� �on�'h o Lfrit/h6 p rop ,l There (are) are no)deed restrictio s pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser 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 .4.,,,4,0/ e . 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. • Urff41/U14-tl WI 96— pO9. ':)3 2251 • Prepared by the State Bar of Texas for use by lawyers only. Revised 10-85. WARRANTY DEED Date: October 24, 1996 Grantor: FLORENCE L. MUELLER, a single woman Grantor's Mailing Address(including county): Grantee: JAN C. MORGAN Grantee's Mailing Address(including county): 306 Doogwood Court, Wylie, Texas 75098 (Collin County) Consideration: TEN -- ($10.00)-- DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED; Property(including any improvements): Being Lot 1, Block 22 of RAILROAD ADDITION, an Addition to the City of Wylie, Collin County, Texas, according to the Plat drawn by Thomas King, Engineer, recorded in Volume 77, Page 494, Deed Records, Collin County, Texas, and being the same property described in Deed recorded in Volume 785, Page 575, Deed Records of Collin County, Texas. • Reservations from and Exceptions to Conveyance and Warranty: Subject to any and all restrictions, covenants, conditions and easements, if any, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect, relating to the hereinabove described property. Grantor.for the consideration and subject to the reservations from and exceptions to conveyance and warranty.grants,sells, and conveys to Grantee the property,together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee.Grantee's heirs,executors,administrators,successors,or assigns forever.Grantor binds Grantor and Grantor's heirs,executors,administrators,and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs. executors, administrators,successors,and assigns against every person whomsoever lawfully claiming or to claim the same or any pan thereof,except as to the reservations from and exceptions to conveyance and warranty. When the context requires.singular nouns and pronouns include the plural. 1 0 ENCE L. MUELLER (Acknowledgment) STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the o2S-6#( day of October ,19 96 by FLORENCE L. MUELLER /e6le &L J Notary Public,State of Texas ., Notary's name(printed): "•` * ROBIN MILLER�=.'0 Notary Public.Stale of Texas//(( Notary's commission expires: •r µy Wnunissbn Expires 1.214000 Yt6 (Corporate Acknowledgment) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of ,19 by of • a corporation,on behalf of said corporation. Notary Public,State of Texas Notary's name(printed): Notary's commission expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: JAN C. MORGAN WAYNE II. COBB, JR. 306 Dogwood Court 403C Birmingham Street • Wylie, Texas 75098 Wylie, Texas 75098 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on --Monday, February 17, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from"MF"Multi-Family Residential District to "2F"Two Family Residential District for Jan Morgan and her property located at 102 S. Fourth and more particularly described as lot 1,block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494,Deed Records, Collin County, Texas. If action is taken,the City Council will hold a Public Hearing on Monday,February 24, 1997.at 7: 00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. RE: PZ/CC -Morgan -_ Return this form to: Kelley Shaw,Planner City of Wyie 2000 N. Highway 78 Wylie, TX 75098 O I am in favor of the request for the reasons listed below. O I am opposed to the request for the reasons listed below. 1. 2. Signature Printed Name Address CHANGE OF PUBLIC HEARING NOTICE It was advertised in the Wylie News on January 29, 1997 that the Planning and Zoning Commission of the City of Wylie, Texas would hold a Public Hearing on Monday, February 17, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from"MF"Multi-Family Residential District to "2F" Two Family Residential District for Jan Morgan and her property located at 102 S. Fourth and more particularly described as lot 1,block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494, Deed Records, Collin County, Texas. Action was taken by the Commission , however, the City Council will now hold a Public Hearing regarding this zone change request on March 25, 1997 at 7:00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. NOTIFICATION REPORT APPLICANT: i UV V1O(, Ø M F 2 F 2/ 7 APPLICATION FILE# Name &Address WI I SI( - 2e ea I(roCi'it AM71 ATTORNEY, AGENT: Name &Address ' BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME - ADDRESS 14 V3i1{-0361 M2vt .eviv►e-A out,e vvr -1- too Id 4-wi t°,�� - V/ e M I, 0127 1, if bA . . (lox Co. Dux 45 ( - ill`i�Y°P 75)1g (I 9 II tt A is 3 11 (2ir lno(c1 12D( or F. R. oX VI - 14e, 7S09B It u 5 I, I, • 1 c (, Co ti 11 t‘ u 'I it L( I ( I, 0 I( I ` 2/2 2 . Nt,o0 roe L. (zic ?o. ox cd,o,o - ini 'e 7S S It 3 ,( VzliA V41 vt, ii Co. co( - A/ .e ")5vg8 - Co Dovl I��i-�' Z .Nl �Q Pe��'i C� �Po. box (off - KUlie 78 1, 60 ,� I I I' �t --�_ ,( I' t( NOTIFICATION REPORT APPLICANT: APPLICATION FILE# Name &Address ATTORNEY, AGENT: Name &Address • BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS 22 g LZ-44(07)_6 4,(\ v. P. Cider 49 V w Ave- wv(14.c ,, 2/I ou r 5 e Lary c n 10 it i Vlpl1'1?� 1, . Wkl'4' mom +--f-heyl 5 71C. 75 751 1, / a 1 12 11 I II P D. fox ►1 I it 15 , � 11 !t3�� ?C3 mecP_� -1st IPV► LI TX 1 f2 0 14-. 5 gr2 ,9Ve . G� N1 f 5s0U(i cism Tx ' "74?)cl • t 1\5fLz- E . &20Fcr cp. l 'aA Gq2 - V/ ,�e 23 g 566 L. Mircika\I col V asters - ,I A kr&Ake e . ow eev\ty to s. 4 free- - Nr e, 10 III 9 0 cw A. NU i� Wavimo "-P)jt)t.60c14 /0 -lib i2 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on -Monday, February 17, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at'2000 Highway 78 North to consider the following: Approval of a Zone Change from"MF"Multi-Family Residential District to "2F"Two Family Residential District for Jan Morgan and her property located at 102 S. Fourth and more particularly described as lot 1,block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77,page 494,Deed Records, Collin County, Texas. If action is taken,the City Council will hold a Public Hearing on Monday, February 24, 1997.at 7: 00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. RE: PZ/CC -Morgan Return this form to: Kelley Shaw,Planner City of Wyie 2000 N. Highway 78 Wylie, TX 75098 El/ 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 G; G A, (/.(-SA/ Printed Name ; Qil rbOr"/ Xi L ;/e J Address I b) , 7 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on -Monday, February 17 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from"Mr Multi-Family Residential District to"2F" Two Family Resi dential District for Jan Morgan and her property located c ted at 1f 2 S. Fourth and recorded particularly described as lot 1,block Collin2 of Cog ty,lTexas� in Vol. 77,page 494,Deed R the Cit Council will hold a Public Hearing on Monday,February 24, 1997 at 7: 00 p. If action taken, Y m. in the Wylie City Council Chambers for action on the matter referenced above. tc.b. -iviorgan Return this form to: Kelley Sh, ,.,Planner City of Wyie 2000 N.Highway 78 Wylie, TX 75098 lJ I am in favor of the request for the reasons listed below. I am opposed to the request for the reasons listed below. have, uvo veaSo\A ovfo 0, • 2. 3. co Signature Printed Name Address 0 ' a-11 41q� PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on -Monday, February 17, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from"MF"Multi-Family Residential District to "2F" Two Family Residential District for Jan Morgan and her property located at 102 S. Fourth and more particularly described as lot 1,block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494, Deed Records, Collin County, Texas. If action is taken, the City Council will hold a Public Hearing on Monday,February 24, 1997 at 7: 00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. RE: PZ/CC - Morgan Return this form to: Kelley Shaw,Planner City of Wyie 2000 N. Highway 78 Wylie, TX 75098 ® I am in favor of the request for the reasons listed below. O I am opposed to the request for the reasons listed below. 1. 2. 3. Signature �l% Printed Name KA 11 L-r Address lse.) % 7 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, February 17, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from"MF"Multi-Family Residential District to "2F"Two Family Residential District for Jan Morgan and her property located at 102 S. Fourth and more particularly described as lot 1,block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494, Deed Records, Collin County, Texas. If action is taken, the City Council will hold a Public Hearing on Monday, February 24, 1997 at 7: 00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. RE: PZ/CC - Morgan Return this form to: Kelley Shaw,Planner City of Wyie 2000 N. 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I _ ( ' N ,.,. ti y-•T�o.• ' •7f'Wlo-^ . ,S,ii?'1k�l� i i i _ trs,' �'":74.M 4'1Y ;Rfi ¢' r'41'�. fltl y r+4t-•,. 1iVris. t 1' v t7,�J�4 yy #`,,,i7, 1 y�ip°I ;yam ♦ i a?:.., 't., , ,i r • • ♦ r i s-t t �t 4 t uu:A "Kr 7ii3i+c d 4i's i t r+ A `� 1 ' tk'tw ), I i v i1+ .' 1i,e-.10 1i„-, ' 'a p �,4+) i• +� i .,t ' i 21�`;oZv' r;! Y `1 1t. ".�• ` • pad''�Op�1¢(,Af7Y.Ni�1,F '. 't.:.. .._.,...1.::"2'c_*al c!'''''` u7_"'.,'Pv?'it!.v*�i"',\'Y 71) ,ik'1', i '`4. stL4,_Z 1i�} ♦`S yl�t% Ytit:, ` ... ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF LOT 1, BLOCK 22 IN THE RAILROAD ADDITION, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 102 S. FOURTH STREET, FROM "MF" MULTI-FAMILY DISTRICT TO "2F" TWO FAMILY RESIDENTIAL 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 properly hereinafter described is presently zoned as "MF" Multi-Family District; and, WHEREAS,the owners of the property have properly filed a request with the City to change the zoning classification from "MF" Multi-Family District to "2F" Two Family Residential District; and, WHEREAS,the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the ON Council that the request for change In zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and determined that the change should be granted; 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 it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, commonly described as 102 South Fourth, Wylie, TX, to wit: Lot 1, Block 22 in the Railroad Addition to the City of Wylie, Collin County, Texas, from "MF" Multi-Family District to "2F" Two Family Residential 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 , 1997. By James D. Swartz, Mayor ATTEST Susan Shuler, City Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF a 16.356 ACRE TRACT OUT OF THE W.D. PENNY SURVEY, ABSTRACT NO. 696, TRACTS 33 & 33-9, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PARKER ROAD AND BALLARD AVENUE, FROM "A" AGRICULTURE TO "MF" MULTI FAMILY; 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 "A" Agriculture; and, WHEREAS, the owners of the property have properly filed a request with the City to change the zoning classification from "A" Agriculture to "MF" Multi Family; and, WHEREAS,the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be denied thereby requiring the City Council to approve the request by a three-fourths favorable vote; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and determined that the change should be granted and approved the request by a three-fourths favorable vote ; 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 it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, commonly described as a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue, to wit: The W.D. Penny Survey, Abstract No. 696, Tracts 33 & 33-9 to the City of Wylie, Collin County, Texas, from "A" Agriculture to "MF" Multi Family. 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 , 1997, By James D. Swartz, Mayor ATTEST Susan Shuler, City Secretary WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 10 March 25, 1997 Issue Hold a Public Hearing and Consider for recommendation to the City Council a request from Richard Parker for approval of a zone change from "A", Agriculture to "MF", Multi Family Residential District for a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 and 33-9. Background Mr. Richard Parker owns a 16.356 acre tract located on the southwest side of where Ballard Avenue turns into Parker Road. Mr. Parker is requesting to rezone the property from Agriculture to Multi-Family. Wylie's Comprehensive Plan is designed to provide direction in regards to this type of major development issue. The Comprehensive Plan's purpose is to provide a general blueprint for future growth and development of Wylie. As such, it has general goals that are reflections of the community's values and desires and are intended to improve Wylie's quality of life. Housing goals are summarized as follows: • Encourage development of a variety of housing types in Wylie, with emphasis on low density single family homes. • Increase the number and quality of Multi-Family developments. • Improve and/or maintain the quality of existing neighborhoods in Wylie. The Comprehensive Plan also contains more specific Multi-Family development guidelines. These guidelines help in establishing criteria to be used in determining the feasibility and location of Multi-family developments. The development guidelines stated in the Land Use Plan are to be used in conjunction with other elements of the Comprehensive Plan such as the Thoroughfare Plan. Action Agenda Item No 10 Page 1 Multi-Family Development Standards (section 7.5.1) are listed as follows: 1. Locate Multi-Family residential areas along arterial or major collectors, near neighborhood commercial services, and convenient to activity centers; 2. Where possible, Multi-Family housing residential should be adjacent to major parks, greenbelts, and private open space and recreation areas; 3. Multi-Family housing should be dispersed so that no more than 200 units are located in any one area, with a minimum 1,000 foot separation between developments; 4. Multi-Family housing should be dispersed within two or more contiguous neighborhoods so that no more than 400 units are clustered together. Although Multi-Family is considered a residential land use, the City of Wylie's Comprehensive Land Use Plan lists Residential and Multi-Family as separate land use designations. According to the Land Use Plan Map, the area for which Mr. Parker is requesting the zone change is designated as Low Density Residential. The Land Use Plan Map provides visual examples of possible Multi-Family locations meeting the criteria stated within the Comprehensive Plan. However, what is important to remember is the Land Use Map does not show all possible locations of Multi-Family development. It is only a visual representation of the goals and objectives of the Comprehensive Plan. When a development proposal or related zone change request is in conformance with the goals and objectives of the Comprehensive Plan but in conflict with the Land Use Map, the proposal still may be valid as the map is nothing more than a graphic representation of the Comprehensive Plan's policies. Community Development Department staff has estimated that there currently exists approximately 305 acres that are zoned for multi-family development. Of this 305 acres, it is estimated that there are 15-20 acres currently developed as multi-family residences. Wylie's current total number of Multi-Family units is estimated to be 377. Of the units existing in Wylie, all complexes report to be at or near 100% occupied with waiting lists. Zoning that currently exists in the area (see attached zoning map) consists of Single Family Residential to the southwest (developed), Agriculture to the south (undeveloped) and east of the location is an Industrial zoned lot (developed) and Single Family Residential property (developed). Action Agenda Item No 10 Page 2 On February 17, 1997, the Planning and Zoning Commission met to consider this item. The Public Hearing was opened and comments were received from citizens attending the Hearing. The Hearing was closed and deliberation began on the item. A motion was made to deny the Zone Change and was seconded. A vote was taken with three votes in favor of denying the request and three votes against denying the request. A motion was then made to table the item until the next scheduled meeting (3-3-97) where the absent member could be present to cast a deciding vote. Public Hearing Notifications were sent to all property owners within 200' of this site and within the City Limits. To date, one in opposition has been returned. Board Recommendations The Planning and Zoning Commission met on March 3, 1997, to reconsider the issue. The Commission asked staff specific questions dealing with traffic and density of the development. The Commission then voted on the matter and had three votes in favor and three votes in opposition. A motion was then made to table the item until such time as the absent Commission member was present. Mr. Parker stated that he would prefer to get the matter before the City Council. He proposed that to remedy the split vote, Commission members deny the request. This would allow the City Council to consider to consider the issues. The motion was made to take another vote. As a result of the new vote, the request was denied by a unanimous vote (6-0) of the Commission. Financial Considerations Financial considerations involved in this matter consist only of applicable zone change filing fees. Legal Considerations Article 9, Section 2 (B2) of the Wylie Home Rule Charter, states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Per the City of Wylie Zoning Ordinance (Sec. 35.5 (2)), when a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-fourths majority vote by the City Council shall be required for approval. Action Agenda Item No 10 Page 3 Staff Recommendation Staff recommends approval of the zone change request. This request conforms to Multi-Family development guidelines as stated by the Comprehensive Plan. It also conforms to other general guidelines for multi-family development such as needing to be located on the perimeter of residential neighborhoods with access to primary arterials so that traffic is diverted from going through neighborhoods. It will provide a buffer area to the neighborhood from major thoroughfare traffic and noise on FM 2514 (which is scheduled to be a 4 lane divided road per the Thoroughfare Plan). The location is also convenient to schools, activity centers and retail services. Staff is currently in the process of updating the Multi-Family Development Standards contained within the Zoning Ordinance. These modifications will help ensure the quality of this type of development. This process should be completed by the end of March. The applicant is fully aware of the changes being proposed in these new regulations. Upon further interpretation of the proposed Multi-Family regulations, the square footage available for multi-family development at this particular location allows for a maximum of 240 units. However, the Comprehensive Plan states that no more than 200 units can be located in one area. At staff's request, a basic traffic study was done on the area taking into account the apartment density and the existing roadway. The result of the study indicated that at 185 units, the traffic level of service would be at level D/E ( borderline capacity). Taking into account left turns, the level of service drops to E/F (borderline "failure"). Multi-Family development is a valued part of a community's housing stock. While many types of households may elect to live in apartments, multi-family housing is especially important in meeting the housing needs of small and mobile households. As long as the adopted guidelines and development standards are adhered to, multi-family can be a positive attribute of Wylie's quality of life and attractiveness. Attachments Zone Change Application Public Hearing Notice Property Owners List and Responses Traffic Study Response Communication Location Map Area Zoning Map Proposed Multi-Family Development Standards e - ��:. L ama bi) .A14_ CoegtA4 Prepay b Re ed by Fin. ce City Manager Approval Action Agenda Item No 10 Page 4 Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee Date / — /t-1f' Applicant r /e "<4.7./a7C__ Phone No. 97a- Mailing A --•l es Work No. O .2,0-7 LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 I her y request that the above described property be changed from its present zoning which is /‘ District Classification to /W A- District Classification for the following reasons: (attach separate sheet if necessary) • There (are)re not deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner V Tenant Prospective Purchaser 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 cif 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. PROPERTY DESCRIPTION' TRACT I Being a tract of land .situated in the W.D. Penny Surrey. ..Ibvtra( t V.a. 696, City of II Ylie, Collin County, Texas, and being a portion of that certain tract of Iand conveyed to Jack Parr by deed recorded in Volume .358. Page 285. Deed Records, Collin ('�'rutt_y. Texas and being more particularly described as follows: Beginning at a 1.2 inch iron rod set in the south right-of-way line of Parker Road (F.11I. 2514) ,for the northeast corner of a 1.87 acre tract of land conveyed try I! illiant Downs by deed recorded in I Ohmic 1820, Page 776, Deed Records. Collin County, l e.t ay, Thence, S 88°44'48" E, along said south right-of-way line, a cli yranee of 568.69 feet to a 112 inch iron rod set for the beginning of a curve to the right having <r radius of 768.51 feet; Thence, along said curve to the right, through a central angle of 76°25'38" an arc length of 1025.12 feet to a 1/2 inch iron rod set in the north line of a -I.6 3 ` creel tracte R cor l nd C conveyed llin County, o Texas Power and Light by deed recorded in Volume 573, Page 12.Texas; Thence, S 87°30'45" W, along the north line of said Texas Power and Light Tract, a distance of 130.3.27 feet to a 1/2 inch iron rod set for the northwest corner of said Texas Power and Light Tract and the southeast corner of aforementioned Downs Tract: Thence, N 00°02'38" W, along the east line of said Downs Tract, a distance of 673.36 feet to the Point of Beginning and containing 712,475 square feet or 16.356 acres of land. CHANGE OF PUBLIC HEARING NOTICE It was advertised in the Wylie News on January 15, 1997 that the Planning and Zoning Commission of the City of Wylie,Texas would hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from "A" Agriculture to "MF"Multi-Family Residential District for Richard Parker and his property located at the junction of Ballard (FM 2514) and Parker Road and more particularly described as 16.356 acres being situated in the W.D. Penny Survey, Abstract No. 696, recorded in Vol. 358, page 285,Deed Records, Collin County, Texas. This Hearing has been rescheduled for February 17, 1997 at 6:30 p.m. in the same location referenced above. If action is taken,the City Council will hold a Public Hearing on Tuesday,March 11, 1997 at 7:00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. RE: PZ/CC Return this form to: Kelley Shaw, Planner City of Wyie 2000 N. Highway 78 Wylie, TX 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 NOTIFICATION REPORT £iri /�-LU �4�/APPLICANT: � r /fd ' APPLICATION FILE# LOV1e /V F Name &Address Fet2 f f ATTORNEY, AGENT: Name &Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS A I I441 " 4w M r Afitinl J. CorJtI[ po Die- w -r 7cbg8��- 0 3 Fa�rrvi.o n�F- r� 2 it (7zr e Tun5 le < (4, rt 4Sa` � ( Mder ku b O ar es ber r VI I l 04 Gal lard ,Ave - cur 4sfet.61or kik b l tlnarci 'FarW Po eox 30 1 - W T VRe 40 Wilt i avn F Lb f,uv15, <r' fool Pork r 61 WY rigcligolii(ailco 2�0 - 'rLt .e(e!ii-ric o C)T 1 22/-QO7I 'NO 3S `'.�4 T c.a vet 5I/12 Po Fox 237 - aUT M 1tv P4- Norte I T V.re me)( finC Po 00x 03o - iUT • CHANGE OF PUBLIC HEARING NOTICE It was advertised in the Wylie News on January 15, 1997 that the Planning and Zoning Commission of the City of Wylie,Texas would hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from "A" Agriculture to "MF" Multi-Family Residential District for Richard Parker and his property located at the junction of Ballard (FM 2514) and Parker Road and more particularly described as 16.356 acres being situated in the W.D. Penny Survey, Abstract No. 696, recorded in Vol. 358, page 285,Deed Records, Collin County, Texas. This Hearing has been rescheduled for February 17, 1997 at 6:30 p.m. in the same location referenced above. If action is taken,the City Council will hold a Public Hearing on Tuesday,March 11, 1997 at 7:00 p.m. in the Wylie City Council Chambers for action on the matter referenced above.,_ RE: PZ/CC Return this form to: Kelley Shaw, Planner City of Wyie 2000 N. Highway 78 Wylie, TX 75098 El I am in favor of the request for the reasons listed below. [rI am opposed to the request for the reasons listed below. 1. 2. 12 • 3. �p�p,‘"iLT� /7 Signature �/' Printed Name a i/',''' ti� Address vo/ 1) FEB-13-9T 14:33 From:WSW DALLAS 2147455667 T-014 P.02/02 Job-132 MEMORANDUM DATE; FERRUARY 13, 1997 TO: KELLEY SHAW,PLANNER FROM: TRANSPORTATION STRATEGIES, INC.,STANTON FOERSTER, P.E. RE: LEVEL OF SERVICE ANALYSIS FOR FM2514 In response to your request to review and analy2e the traffic date given to me on 2/11/97,1 offer the following' LEVEL OF SERVICE ANALYSIS SITE: FM2514(PARKER RD/BALLARD AVE) DATA COLLECTED BY THE CITY OF WYLIE I. GEOMET'IC DATA AMIIIIMMI"..3' SHOULDER DESIGN SPEED: 50 mph* %NO PASSING: 50%" TWO 12' LANES TERRAIN: ROLLING SEG LENGTH: 0.5 mi 3'SHOULDER II. TRAFFIC DATA TOTAL VOLUME, BOTH DIR. n 500 vph* FLOW RATE = VOLUME I PHF 543 = 494 I 0.91 EXISTING ADT 4943 667 = 614 / 0.92 PROPOSED ADT 6143 -"lit. CE'75L-OF SERVICE ANALYSIS - LOS SF=2800 x(V/C) x Fd x Fw x Fhv SF 2,900 (V/C) Fd Fw Phu A 92 2800 0.06 0-89 0.81 0.756 13 254 2800 0.18 0.89 0.81 0.700 C 466 2800 0.33 0.89 0.81 0.700 D 709 2800 0.50 0.89 0.81 0.703 E 1482 2800 0.91 0.89 0.93 0.703 Fhv=1/(1+Pt(Et-1)+Pr(Er-1)+Pb(Eb-1)1 Fhv Pt" Et Pr" Er Pb" Eb A 0.756 0.10 4.00 0.01 3.20 0.00 3.00 13 0.700 0.10 6.00 0.01 3.90 0.00 3.40 C 0.700 0.10 5.00 0.01 3.90 0.00 3.40 D 0.703 0.10 5.00 0.01 3.30 0.00 2.90 F 0.703 0.10 5.00 0.01 3.30 0.00 2.90 IV. COMMENTS iThe existing•Flow Rate is 543 vph and the LOS is C/D. With the additional ADT of 1200 from the proposed :apartments at the southwest corner of Parker Rd. and Ballard Ave.,the Flow Rate will increase to 667 vph and [the LOS will degrade to D/E. LOS F(usually unstable traffic flow on the edge of LOS F, forced or breakdown (flow) is typically considered capacity and acceptable by most traffic engineers. It is my opinion that LOS D should be use as capacity in the City of Wylie to promote and maintain high-density, but stable,traffic flow. These calculations do not include any impacts from left turns. If any left turns are made, and there obviously will be, into the proposed apartments the LOS drops to E/F. Furthermore,the addition of the apartment traffic will cause FM2514 to operate near capacity leaving little ,additional capacity for other development in the area. i " = Assumed DA970440.008 2/13/97 Excel Page 1 11:27 AM a T I / / 11.14\iNsis-'''.. \ H H 11-e1I 1 I m city Limits 1 i 1 I I i - - _ '\ AV 1 ______ ______ - - - - - - - - - - - - - - - - 1 �ho�rmountTt -U n ve ' 1 �rA j C on rive 1'i i � o � / x . Z Nmdsor Drive I n, city Limits co c v I G J lv _ _ _�� I Z Ann Oriv — — D - — '-- i v c 1 m—_ r- ��- PM IIII.6- O — j . 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N v �, i 3 0 �j''" J ; _ s: me �---, ,ice 10 1-----' a e ;a. _ E ' ♦ 'LLJ L�f IN -1_ +r mite C „ ,S - � ,mar = �� '- giI I- .. in =Is i— it ill__ I 4 I4 a" = _ _ __ _ _ — __ .i .— I - - Tr 32ii me al I . ... �. r ill ME, ;.M.,� :�LiT4- • ,' —i, ,,'" . lli =1 miljniti I el 11 s tIA , L_ I 'am -a. w 4I4rlitll 'my.- - 11911 I III :11 117 ----------- will iI J f � � '�1i- SO. ei�� r I I r Iell, � _ _ 0 - ,,, .•• %II •• T IA% . Z." `' :frk _ ,. i . ,k‘ ,-,•Liaj,t1410'.1•..P. ..-., ,••- / •• 'V'dIPAL .., J-Wiill Li& 1J1J11.11_11]...1/ Nu 7 .-A.k./....,,..„ ..._- . , _ ,-- • • - r1TlTilnTA! III I .1 M a' . •"„,. - . .,- ' -' n .I I I I i I I I I I I 1 i r I I I :. _."14 ,_ 6:+1;,i -:., City of Wylie Proposed Multi-Family Regulations Regulations and Requirements Plan Requirements: Plat and Site Plan as already exists but also a Landscape Plan Density: 15 DUA Lot Size: 43,560 sq.ft. Lot Coverage: 45% maximum Lot Width: 100 ft. Lot Depth: 120 ft. Front Yard Depth: 30 ft. (SF-60 ft.) Rear Yard Depth: 25 ft. (SF-60 ft.) Side Yard Width: 20 ft. (SF-60 ft.) Height: 3 stories, 40 ft. maximum DU Floor Area: efficiency- 600 sq.ft. min one bedroom- 750 sq.ft. min two bedroom- 900 sq.ft. min three bedroom- 1,000 sq.ft. min (efficiency/one bedroom not to exceed 15% of total DU) Building Separation:20 ft. separation 50 ft. if back to back or face to face Parking: 2.5 per unit (none in front) Open Space: 25% of lot (250 sq.ft. per DU as usable recreational space) Butner Area: When MF is located adjacent to SF or lower density developed area, without any division such as a dedicated public street, park or permanent open space, all structures shall be set back a min. of 60 ft. from adjoining property line. The setback area shall contain appropriate landscape improvements, fencing berms or trees to adequately buffer adjoining uses as approved by Director. Landscape Requirements: Landscape Plan: scale of 1 inch= 50 feet plant location plants preserved species size spacing layout and description of irrigation maintenance provision persons responsible for landscape plan preparation Landscape: 15% of open space, 50% must be in front planting requirements: The following plants shall be required within the landscape areas at the ratios indicated. 1 large tree/600 sq.ft. 1 small tree/ 300 sq.ft. 1 shrub/60 sq.ft. Ground cover- 10% of required area WYLIE CITY COUNCIL 1/111/". .. ACTION AGENDA COMMUNICATION ITEM NO 11 March 25, 1997 Issue Consider acceptance of the Comprehensive Annual Financial Report after presentation by the audit firm of Pattillo, Brown & Hill. Background The Comprehensive Annual Financial Report (CAFR) for the fiscal year which ended September 30, 1996, including the Independent Auditors' Report, has been completed and will be presented to the City Council by the City's outside audit firm, Pattillo, Brown & Hill. The auditors will briefly discuss some of the year's highlights and will answer questions the City Council might have regarding the report. The FY 1995-96 CAFR will be submitted to the Government Finance Officers Association for review in the Certificate of Achievement for Excellence in Financial Reporting program. This award has been received consecutively over the last seven years. We believe the FY1995-96 reports continues to meet the Certificate of Achievement program standards. LegaLConsiderations The City's Home Rule Charter, Article VII, Municipal Finance, Section 13: Independent Audit, requires that at the end of the fiscal year an independent audit be made of all accounts of the city by a certified public accountant. Financial Considerations The audit of the 1995-96 fiscal year has been completed at the cost of $14,195, estimated in the audit engagement letter dated September 19, 1996. No further audit costs will be incurred for the 1995-96 fiscal year. Board/Commission_Recommendation N/A Action Agenda Item No 11 Page 1 Staff Recommendation The staff is recommending that the City Council accept the 1995-96 Comprehensive Annual Financial Report. Attachments 1995-96 Comprehensive Annual Financial Report r r m -,),, elaCIA- Pr red by Re i ed by Fin nce City Manager Approval Action Agenda Item No 11 Page 2