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07-28-1992 (City Council) Agenda Packet DATE POSTED 7-24-92 TIME POSTED 4:30 PM AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, JULY 28, 1992 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION - REV. AL DRAPER, FIRST BAPTIST CHURCH PLEDGE OF ALLEGIANCE ORDER OF BUSINESS BUSINESS 1 Consider approval of the minutes from the June 30, 1992 and July 1, and 14, 1992 Council Meetings 2 Consider acceptance of letter of resignation from Sue Ellen Neal fran Zoning Board of Adjustments and appointment of replacement - term will expire July, 1993 3 Presentation of Semi-Annual Report fran the Capital Improvements Advisory Committee (CIAC) 4 Presentation of Semi-Annual Report fran Development Corp. of Wylie, Inc. OLD BUSINESS 5 Consider approval of the zoning change and map amendment for Lots 13, 14 & 15 of Block 3 of Brown & Burns Addition from Single Family 3 to Retail (301 N. Ballard) 6 Consider approval of funds from Development Corporation of Wylie, Inc. to Physicians Regional Hospital for assistance ORDER OF BUSINESS BUSINESS STAFF REPORTS 7 City Manager's Report 8 City Engineer's Report 9 Citizen Participation In accordance with the Open Meeting Act, the City Council will hear cements of Public Interest fran citizens residing within the City limits of Wylie. Any discussion must be limited to placing the item on a future agenda for consideration. Wylie residents wishing to speak before the Council should fill out the form provided at the back of the Chambers and will limit their remarks to a maximum of five (5) minutes. 10 Recess Open Meeting 11 Executive Session Convene Council into Executive Session under the Authority of Article 6252-17 V.A.C.S., Section 2, paragraph "g" Personnel Matters - Review and discuss applicants for the position of Municipal Judge and possible litigations from Mauri Case and Wilson Case 12 Reconvene Council into open session 13 Consider any action necessary fran Executive Session 14 Adjourn NOTICE OF RDGULAR MEETING Notice is hereby given that the gaverning body of the City of Wylie will meet at 7:00 P. M. on the of day of , 199:Z , in the Council Chambers of the Municipal Canplex at 2000 Hwy. 78 North in the City of Wylie, Texas, for the purpose of considering the attached agenda. Carolyn / , Secretary POSTED THIS THE di DAY OF ur4 . 199,? , AT -5 igdp M. one of the other police departments close by and obtain the use of one of their dogs when this is needed . The Department is working with the MADD organization, trying to send two officers to breathalizer school. Also the department will be able to use the Tri-Cities Police Academy in Plano for some training programs. The computer software is not what the department needed, there is a need for more access than what we have on this system. The priority list for the 92/93 budget is as follows : 1. One additional dispatcher 2. two new police cars 3 . computer software 4 . uniforms - upgrading of these, as we are being forced to replace some of these this year 5. intoxalizer - cost of approximately $6,000 plus $250.00 per month for testing 6. security door system for the police department Also a need for body armor, but the department is hoping to use the recovered drug money for this Fire Department: 92/93 budget year - asking for a 4-wheel drive grass fire rescue vehicle would replace the old truck that is to be retired, three additional fire fighters, remodel the existing fire station to house fire fighters and have an office for the Chief. In the five year plan, need to look for additional space, to purchase or acquire land for another fire station. Council requested that staff look into the civil defense signal and a grant to acquire same. Staff reported that there is a grant, but need to have the SOP done for the Emergency Management Program in order to qualify for this grant, plus four annual training sessions. City Manager Department: have added $1,500 for COG for internship - this is for one student working on his/her masters degree. City Attorney: same budget as last year A motion was made to adjourn this portion of the meeting and continue with the other departments on Wednesday, July 1, 19 92 . Mayor Akin called the meeting to order at 7:00 P.M. on Wednesday, July 1, 1992 in the Council Conference Room. Street Department: The following is a list of projects being requested for the 92/93 Budget: Signs - update and replace city wide $ 16 ,000 Rustic Oaks Channel Renovation $ 20,000 Mudjacking materials (various concrete streets and alleys) $ 2,000 Street lights - downtown 12 lights $ 2,500 Street reconstruction $130,000 a. First Street - bad condition $ 25,000 b. Elliott St. - moderate condition $ 22, 000 c . Cooper St. - moderate condition $ 28,000 d. Valentine Ln.- moderate condition $ 26,000 e. Fourth Street - moderate condition $ 29 ,000 Council wanted a report on all water and wastewater lines under any of the above streets listed for reconstruction. Plannin. De.artment: 92/93 Budget projects Repair and Demolition Fund $ 15,000 Comprehensive Plan (estimate) $ 20,000 (current plan is 12 years old) Change the current building inspector position $ 1,975 to Code Enforcement Officer/Environmental Health Inspector. Upgrade pay grade from 21 to 22. This increase in cost could be off set by hiring a person, meeting the minimum job qualifications, since $4 ,00 a year collected on food establishment permits would be completely retained within the department. (Eliminate the $3,000 a year contract for Health Inspector) Engineering Department: 92/93 budget request Transportation Contract $ 12,000 FM 544/ Hwy 78 appraisal & relocation incidentals $ 15,000 Plan/Plat Review $ 5,000 Gasoline Tank Removal (P.W. ) $100,000 Lead Water Analysis/Solid Waste Studies $ 5,000 NTMWD Lift Station Relocation $ 30,000 800,000 gallon elevated storage design $ 15, 000 Newport Harbor S/T Solution Design $ 10,000 Condemnations - C. Frey $ 50,000 Auto CADD Utility Mapping & Drafting $ 11,070 Junior Civil Engineer $ 32,000 Water Department: Priority list for 92/93 budget Paint Nortex Ground Storage Tank $ 50,000 8, 400 L.F. 8" water main $170,000 1 , 200 L. F. Stone to College on Ballard 3,000 L.F. N. Jackson from Oak St. to dead end 2, 000 L.F. Alanis from Ballard to West Wind II 2,200 L.F. Masters from 1st to 4th. Upgrade old fire hydrants around downtown (8 ) $ 10,000 Fire hydrants where fire fighting capabilities are insufficient ( 18 - 20) $ 21, 250 3/4 Ton Utility Truck replacement $ 20.000 Wastewater Department: 92/93 Budget priority list Normal maintenance repair on "emergency pump replacement" $ 20.000 Replace 3 , 600 L.F. of 8" main line $ 90,000 2,000 L.F. 1st between Stone & Butler Sts. 1 ,600 L.F. Memorial from Kirby to Valentine Replace 700 L.F. of 6" main line $ 17,000 Stone Rd. from Birmingham to Ballard Recast or rebuild 20-25 manholes in place $' 37,000 Repair existing manholes in concrete streets $ 15,000 Install 1 ,200 L.F. of 8" sewer main $ 30,000 from Eubanks west to Hometown Furniture Sewer main to take Holland Hitch out of Wylie $ 55,000 Butane Mobile Home Park Sewer system "Extendahoe" backhoe to replace international $ 40,000 backhoe (auctioned off) Install a malfunction warning system on all lift $ 28,000 stations Hydraulic shoring for trench excavations $ 5, 173 "Stand by" E. F . Myers 60 h.p. submersible pump $ 12,000 for Twin Lakes lift station Sewer pipe tapping machine $ 3,830 Finance Department: Priority list for 92/93 budget for Finance, Utility Billing , Comb. Services, Building and Fleet Services and Sanitation: New Financial System $ 14, 100 (Annual Lease Payment) Computer Hardware & Software $ 3,000 (Desktop Publishing and Upgrade of Personal Computers) Furniture and Fixtures $ 6,000 (Conference Room and Finance Office) Meters and Service Connections $ 8 ,000 (Rebuilding of 300 residential meters and hydra meters for builders) Motor Vehicles $ 10,000 (Pickup Truck) Building Remodeling/Modification/Supplies $ 18 ,500 Major Tools and Equipment $ 4,800 (Freon Recovery/Recycling System and Computerize Wheel Balancer System) Library: 92/93 Budget priority list Personnel/Part-Time $ 4,500 Reference items (Taylor' s & Clements) $ 772 Shelving $ 2,461 Prodigy Software $ 220 Parks & Recreation: 92/93 priority list Bermuda Sod, Trees, Asian Jasmine Groundcover $ 13, 300 Recreational Supplies $ 3,990 Landscape Maintenance for Parks $ 3,000 Clay , soil , sand, sandy loam and gravel, etc. $ 28,500 Street signs and markings for parks $ 1 ,350 Building repair, concession stand, restrooms, $ 3,700 Akin pavilion Sprinkler System - City Hall, "W" Bed, $ 8,800 Community Park , Softball Fields Engineering and Architectural Services $ 2 ,500 Pickup Truck 3/4 ton with long bed $ 15,500 Refrigerator for Community Room $ 650 Flail mower attachment ( 12 ' ) $ 4,200 One full time employee $ 14, 000 (plus benefits) City Manager Steve Norwood stated that this was a meeting to discuss what the department heads would like to see in their budgets for next year. Staff will present a draft of the budget for 92/93 at the next meeting. There being no other items for discussion, a motion was made to adjourn with all in favor. John W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary CITY COUNCIL MEETING MINUTES JULY 14, 1992 The City of Wylie City Council met in regular session on Tuesday, July 14, 1992 at 7: 00 P.M. in the Council Chambers of the Municipal Complex. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John W. Akin, Mayor Pro Tem Jim Swartz . Council Members Bud Naish, Reta Allen, Ortie Messenger, and Jay Davis , City Manager Steve Norwood, City Secretary Carolyn Jones, City Attorney Steve Deiter, City Engineer Paul Beaver, and Finance Director Brady Snellgrove. Councilman Steve Wright was absent. Mayor Akin called the meeting to order and Rev. Don Yeager gave the invocation, followed with the Pledge of Allegiance. APPROVAL OF MINUTES OF THE JUNE 23, 1992 COUNCIL MEETING: There being no corrections or additions to the minutes of June 23, 1992 , a motion was made by Councilwoman Allen to approve as submitted. Seconded by Mayor Pro Tem Swartz . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. ACTION ON BUTLER STREET ALLEY: The staff is not recommending any one alternative, but merely that the Council provide direction, pursuant to one of the following alternatives,or any action that Council desires. The alternatives are: A. do nothing and leave alley open as the barricade is currently down B. leave alley open but place speed bumps and step up enforcement of speed restrictions C. put up removable barricade in the alley (would require additional public hearing and ordinance) D. any other action deemed appropriate by the Council A motion was made by Councilman Naish to leave alley open, place speed bumps in alley and place speed limit signs, and to oil the South end of the alley which open onto Park Dr. Seconded by Councilman Messenger. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - against, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with five in favor, and one against. CONSIDER AUTHORIZATION TO SELL BOMAG RECYCLER: City Manager Steve Norwood stated that the type of street work the City crew does, does not need the Bomag, staff has received four (4 ) bids . The bids received were: Jedco Properties in the amount of $67,000.00 Conley-Lott-Nichols Machinery in the amount of $65,000.00 N-Tec Equipment in the amount of $38,000.00 Wide Track Machinery in the amount of $34, 669. 00 These funds, if the Bomag is sold, will go into a Fleet Replacement Fund for seed money. Each Department will also add to this fund each year. Staff recommends acceptance of the bid from Jedco Properties in the amount of $67,000.00. Council wanted to know how much it would cost to rent the Bomag if the City ever needed one and how much has been spent in repairs . Mr. Jackie Jones, Street Superintendent said it would cost approximately $3 ,500. per month to rent a Bomag. There is some expense each time the Bomag is used to replace the teeth. City Manager Steve Norwood said the bids should be good for thirty (30) to sixty (60) days. A motion was made by Councilman Messenger to table until next meeting . Seconded by Councilman Davis. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPOINTMENT TO PLANNING AND ZONING COMMISSION TO REPLACE MARVIN BLAKEY: A motion was made by Councilman Messenger to appoint Richard Eckman to the Planning and Zoning Commission. Seconded by Councilwoman Allen. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT WITH CPS FOR THE NEW FINANCIAL SYSTEM: The contract and purchase price of the software/hardware system awarded to CPS on June 23, 1992 has been reviewed. The costs will include $1 ,989 for the first twelve months for hardware/software support and: $ 39 , 370. for software $ 36 , 363 . for hardware $ 4 ,880. for training $ 387 . for miscellaneous . $ 87 ,360. Council needs to take action on authorizing the City Manager to sign the contract with CPS. The contract price will be $81 ,360 with $4 ,000.00 to be held for retainage . The remaining amount of $77 ,360 will be lease purchased over a period of sixty months. A motion was made by Mayor Pro Tem Swartz to grant authorization for the City Manager to sign contract with CPS for the new financial system. Seconded by Councilman Naish. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. FINANCIAL CONTRACT FOR FINANCING OF THE NEW FINANCIAL SYSTEM: The amount being financed on the software/hardware system awarded to CPS will be $77, 360. The staff is recommending that the amount of $77,360 be financed by lease purchase for a period of sixty ( 60) months, starting approximately on December 1 , 1992. The City Manager needs Council authorization to sign a lease purchase contract with ASCI , which is the vendor who usually works with CPS. The contract price will be $77,360 with monthly payments of $1,554.70 for a period of sixty months. A motion was made by Councilman Messenger to approve authorization for City Manager to sign lease purchase contract with ASCI in the amount of $77,360 with sixty month agreement. Seconded by Councilwoman Allen. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF RESOLUTION EXPRESSING THE CITY'S DESIRE TO HAVE THE RIGHT TO REGULATE CONSUMPTION AND POSSESSION OF ALCOHOL IN PUBLIC PLACES: Local units of government are concerned that state law appears to preempt local authorities right to regulate possession and consumption of alcohol. The concern is that the Texas Alcoholic Beverage Commission (TABC) appears to have the exclusive authority to do so. There is an organized effort to get the law changed , or clarified at the state level so that the local units of government could undertake this regulation. The proposed resolution merely expresses the City' s intent that it does desire to have the right to regulate consumption and possession of alcohol in public places . A motion was made by Mayor Pro Tem Swartz to approve the Resolution expressing the City' s desire to have the right to regulate consumption and possession of alcohol in public places . Seconded by Councilman Naish. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. FIRST PUBLIC HEARING ON THE SUBMISSION OF AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR A TEXAS COMMUNITY DEVELOPMENT PROGRAM (TCDP) GRANT: The purpose of this hearing is to allow citizens an opportunity to discuss the citizens participation plan, the development of local housing and community development needs , the amount of TCDP funding available and all eligible TCDP activities. Mayor Akin opened the Public Hearing and requested those wishing to speak to come forward and state their name and address for the record. City Engineer Paul Beaver stated that the staff has done the smoke testing and engineering and this will be turned over to the consultants next week. This will go toward part of the City' s 20% cost of the grant. There being no citizens wishing to speak at this time , Mayor Akin closed the public hearing. City Manager Steve Norwood stated that staff would move forward with the second public hearing being on site of where the project will be. Any local cost is counted toward the City' s 20% and the funds paid to the consultant can be a part of this 20%. APPROVAL OF CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF WYLIE AND SOUTHWEST CONSULTANTS TO PERFORM ALL NECESSARY ADMINISTRATIVE FUNCTIONS TO ACQUIRE A UTILITY REPLACEMENT GRANT FROM THE TEXAS COMMUNITY DEVELOPMENT PROGRAM AND TO ADMINISTER THE GRANT: This contract is proposed for professional services between the City of Wylie and Southwest Consultants to perform all necessary administrative functions to acquire a utility replacement grant from the Texas Community Development Program and to administer the grant in order to meet all Federal and State guidelines. Estimated grant amount is $250,00 with a $50,000 City matching fund. The total contract is estimated at $20,000 consisting of zero dollars for the grant application and $20,000 for the twelve month administration period. A motion was made by Councilman Messenger to approve the Contract with Southwest Consultants. Seconded by Councilman Davis. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. PUBLIC HEARING FOR THE PURPOSE OF DISCUSSING AND CONSIDERING PROPOSED ZONING CHANGE AND ZONING MAP AMENDMENT: LOTS 13, 14, AND 15 BLOCK 3 OF BROWN AND BURNS ADDITION: The proposed zoning change and map amendment is for Retail , this property is located at 301 N. Ballard. Letter were sent to all property owners within 200 feet and there has been a Public Hearing with Planning and Zoning Commission. Mayor Akin opened the Public Hearing and requested those wishing to address the Council on this item to come forward and state their name and address for the record. The following persons spoke against the zoning change: Mr. James Parker - 306 N. Ballard Mrs . Rita Smith - 401 N. Ballard Patricia Spurgin - 302 N. Ballard The following persons spoke in favor of the zoning change: Mrs . Gail Clemmons - 317 S. Fourth Mr. Bill Lewis - 413 S. Fourth There being no other persons wishing to address the Council, Mayor Akin closed the Public Hearing . APPROVAL OF THE ZONING CHANGE AND MAP AMENDMENT FOR LOTS 13, 14 & 15 OF BLOCK 3 OF BROWN & BURNS ADDITION: This zoning change and map amendment is for Retail, and is currently zoned Single Family 3. This property is located at 301 N. Ballard and was voted on by the Planning and Zoning Commission with three in favor and three against the zoning change . Action to approve this rezoning application will require the three fourths vote of all Council Members due to the 20% recorded protest from letter sent to applicable property owners. A motion was made by Mayor Pro Tem Swartz to table this item for review. Seconded by Councilwoman Allen. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. CITIZEN PARTICIPATION: Mayor Akin invited the citizens residing within the City Limits of Wylie wishing to address the Council to come forward at this time, to state their name and address for the record and to keep their comments to a maximum of five minutes. Any discussion must be limited to placing the item on a future agenda for consideration. The following person voiced concern about the Rustic Oaks Drainage Ditch and wanted to know when the work to correct this problem would be done: Debbie Willis - 107 N. Winding Oaks Allen Eason - 116 N. Rustic Trail Bonnie Powell - 202 Rustic Trail Jimmy Mitchell - 200 Rustic Trail Kevin Alston - 117 N. Winding Oaks There being no other speakers at this time, Mayor Akin recessed the open meeting and convened Council into Executive Session at 8: 45 P.M. Mayor Akin reconvened Council into open session at 9: 25 P.M. There being no other matters for discussion, a motion was made to adjourn with all in favor. John W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary City of Wylie ATTN: Rick Herzberger P 0 Box 428 Wylie, TX 75098 To whom it may concern: Please make it effective immediately that I resign my appointed position on the Zoning Board of Adjustments. Please send receipt of this notice, and of any action taken thereafter. Sue Ellen Neal July 15, 1992 cc: Carolyn Jones BOARD MEMBERS TERMS END JULY 1, 1992 ******-.***************************************************************************** NAME/ADDRESS/PH NO. P & Z PARKS ZONE CONST. LIBRARY 1EV. COPR. BOARD BOARD BD. ADJ. TRADE BD. BOARD OF WYLIE ************************************************************************************ XX 3 XX 2 XX 1 114 DOUGLAS DR. 442-3882 OR 690-6000 X 2484 SSG. JOHN M. CROWE XXX 512 N. WINDING OAKS 442-9043 CR 548-8252 ROBERT H. NEUHAUS XXX XXX 203 LIBERTY DR. 442-9167 XXX XXX 402 S. JACKSON ST. 442-4645 CHUCK WIBLE XXX 1307 WINDHAM DR. 442-2424 JUDY ALEXANDER XXX 722 WESTWIND LN. 442-4655 DANIEL CHESNUT XXX 200 PICCADILLY CIR. 442-1375 XXX XXX XXX 200 DOUGLAS DR. 442-2328 XXX 512 E. STONE CR. 442-3432 XXX 106 N. CARRIAGEHOUSE WAY 442-9934 DAN SODS 1523 ANCHOR DR. 442-1838 ROBERT BRUZA XXX 513 WINDING OAKS 442-2719 .4444.etiazin xt,i.ant XXX 108 S. RUSTIC TRAIL 442-6358 BOARD MEMBERS TERMS END JULY 1, 1992 ************************************************************************************ NAME/ADDRESS/PH NO. P & Z PARKS ZONE CONST. LIBRARY IEV. COPR. BOARD BOARD BD. ADJ. TRADE BD. BOARD OF WYLIE ************************************************************************************ KELLY S. DISQUE 507 RUSTIC CIR. 442-3463 JIM MONTGOMERY 513 KAMBER LN. 442-2685 RUTHANN WESTERFIELD 818 HEATHER WOOD DR. 442-0072 TERRY A CHAMBERLIN 510 E. GASTON P 0 BOX 898 442-4863 .0441#11406 W. •ELLIO'T ST. 442-3874 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Rick Herzberger DIRECTOR: Paul Beaver, Planning & Engineering DATE REFERENCE NO. SUBJECT July 21, 1992 3 Capital Improvements Advisory Committee (CIAC) report, July 20, 1992. SUMMARY OF SUBJECT: Presentation by Rick Herzberger of the semi-annual Capital Improvements Advisory Committee Report - The attached City Staff progress report was approved by the CIAC on July 20, 1992, with the following additional comments by the CIAC members: 1) The water tank installation on 1378 as mentioned in the 10 year water plan, should be a concentrated area of concerns within the next year. 2) Some Type of storm water impact fee should be considered during the 1993 scheduled CIP update as well as changing the Impact Fee Ordinance to allow provis- ions for a fees assesement to developer on new subdivisions. 3) Continue the current impact fee of $1,100.00 per permit. ALTERNATIVES: Request further meetings for the CIAC to consider any Council suggestions on improving the Impact Fee Program. ACTION REQUESTED: Approve the progress report as submitted by the CIAC. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 S CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION x OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL ' REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY _ PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC x BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO: THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE FROM: RICK HERZBERGER, BUILDING & ZONING OFFICIAL DATE: JULY 14 , 1992 SUBJECT: PROGRESS REPORT ON THE (CIP) CAPITAL IMPROVEMENTS PLAN. This semi-annual progress is submitted to you in accordance with the Texas Local Government Code Chapter 395 .058 . I ask that you consider this report and City Staff recommendations , and approve for submittal to the City Council . If you perceive any inequities relating to the proper implementation of the CIP, please state these clearly so that I may include in the afore mentioned progress report to the City Council . The City Staff report is as follows : I . Rick Herzberger , Building Official - As seen from the three previous meetings this year, the CIAC and City Staff have many concerns about he CIP. I feel that one of the main "concern" area is with the mandatory need for alternate Capital Improvement Programs to augment this CIP. In evaluating the 10 year Water and Waste Water Plan, it is obvious that the Impact Fees collected are not intended to pay for all proposed improvements . Especially of interest is the rapid decline in the city's growth rate as compared to the 10 year Land Use Assumptions proposed Compounded annual growth rate of 7 .0% per year . My current estimate of growth is 2 . 5% per year. With these evaluations in mind, I can only recommend the following report to be included in the progress report to the City Council . A. In accordance with LGC 392 . 052 , I feel that the required three year update of the Land Use Assumptions and CIP be conducted in conjunction with the proposed Comprehensive Plan. Assuming the City Council will approve funding of this Comprehensive Plan in September, 1992 , then the CIAC could coordinate the three year update with the Land Use study that would be included in the Comprehensive Plan. B. Considering the above, I then suggest that the CIAC accept the progress report as submitted with no proposed updates or revisions to the CIP. Then in January of 1993 (next CIAC meeting unless otherwise directed by unforeseen circumstances) recommend to the City Council a progress report authorization to begin the Land Use Assumption and CIP update. (Paid by Impact Fees) In conclusion, I would like to thank the CIAC for their professional conduct during the last year, as this will be my last CIAC meeting. II . Finance report on Impact Fee Fund - see attached. Brady Snellgrove should be available for any questions . III . Engineer report on the CIP - see attached memorandum outline prepared by Paul Beaver, who should be available for any questions . CITY OF WYLIE IMPACT/LIFT FUND RECAP OF IMPACT FEES (1) Beginning Cash Balance as ofJuly 1,19900, $24,608.84 Revenues for following dates July 1990 through Sept. 1990 Impact Fee 500.00 Interest • 303.89 Monies from Lift&Repay of Loan 11,589.14 Subtotal 12,393.03 Oct. 1990 through Sept. 1991 Impact Fees 47,215.00 Interest .. • 980.36 Subtotal 48,195.36 Oct. 1991 through June 1992 Impact Fees 48,105.00 Interest 610.15 Subtotal 48,715.15 TOTAL REVENUES $133,912.38 Expenses for Impact: Administrative Cost $48.75 **Pay-back on Loan 45,000.00 Nortex Storage Tank Lease/Purchase 64,794.53 TOTAL EXPENSES 109,84320 Cash Balance as dJune 30,1992 $24,069.10 NOTES: (1) Total Impact/Lift Fund Activity. *Beginning cash balance is the amount brought forward from the Impact Fund. **This debt was incurred by the Lift Station for lines laid for the lift station at SF.M.HP. The lift had to borrow from Perimeter Streetto finish the project. The Impact Fund has paid off the loan to Perimeter Street as of June 30,1992. When the Lift Station Fund was merged with the Impact,due to the new Impact/Lift Station Ordinance,the Impact received the cash and assets but also incurred it's debts. MEMORANDUM TO: CAPITAL IMPROVEMENT ADVISORY COMMITTEE FROM: PAUL D. BEAVER, DIRECTOR OF PLANNING AND ENGINEERING c DATE: July 15, 1992 SUBJECT: FY 92-93 Proposed Utility Project Ten Year Capital Improvement Plan Listed below are five proposed Utility Projects for FY 92-93 which are included in the Ten Year Capital Improvement Plan. WATER A. Telemetry for Nortex, NTMWD & Elevated Tank $ 15,000.00 B. Newport Harbor Loop Line (8") •• $215,000.00 C. Alanis Road (2,000 feet) Eight Inch Pipe $ 50,000.00 SEWER A. 3,000 ft. 15 inch interceptor replacement ' Hwy. 78 to Sewer Main Plant $ 72,000.00 B. 2,200 feet 15 inch interceptor from NTMWD Lift Station to existing sludge line $180,000.00 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: STEVE NORWOOD DIRECTOR: CITY MANAGER DATE REFERENCE NO. SUBJECT 07/15/92 4 SEMI-ANNUAL REPORT FROM DEVELOPMENT CORP. SUMMARY OF SUBJECT: In accordance with the bylaws of the Development Corporation of Wylie, Inc. they are sumbmitting their semi-annual report for Council review and approval. ALTERNATIVES: A) Review and approve their semi-annual report. ACTION REQUESTED: Staff recommends that the report be approved as submitted REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 • $ CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION X OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: x CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POUCE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL / _ 404.1111311FPl f'd/ CITY MANAGER MEMORANDUM DATE: July 14, 1992 TO: City Council FROM: Development Corporation of Wylie, Inc. Jim Smith, President RE: Semi-Annual Report In the last six months the Development Corporation of Wylie has received a total of $96,408.50, of which $90,892.38 was sales tax revenue and $5,516.12 was interest. There has been expenditures as follows: Rent $ 300.00 Printing 172.60 Promotions 1,661 .75 Office Remodeling 2 , 305.00 Audit 625.00 Furniture 1,304.95 Training 95.00 Salaries 2 ,550.50 Video 5,375.00 P.I.D. Expenditures 76.58 $14,466. 38 This leaves a balance on deposit with Provident Bank Wylie of $315,051.68. In addition to the expenditures the Corporation has the following liabilities: Holland Hitch $28,000.00 Income Tax/Fica 679.00 $28,679.00 Leaving $286,372 . 58 available for use as of 5-31-92. In addition to the six monthly meetings, three special called meetings have been held. Several formal requests for financial assistance have been received. Only one of these has resulted in a grant. We are actively involved with four companies who have expressed an interest in moving to Wylie. One of these looks very promising and the other three are somewhat marginal. We are also working with one company that is going to leave Wylie because of financial reasons. The Corporation has employed a full time Director as of July 1 , 1992 . We believe this to be a positive move and expect to see much more activity in the area of business solicitation. We have contracted with Michael Brown Productions for the creation of an eight minute video to publicize Wylie. We expect to use this video to recruit new business. We are looking forward to an exciting and busy year ahead. Respectfully City of Wylie AGENDA COMMUNICATION Ca SUBMITTED BY: Rick Herzberger DIRECTOR: Paul Beaver - Planning and Engineer; DATE REFERENCE NO. SUBJECT Planning and Zoning Commission and City Staff recommendation . July 7, 1992 5 of a zoning change and zoning map amendment: Lots 13,14,15 Block 3 of Brown & Burns Addition (301 N. Ballard) SF3 to R SUMMARY OF SUBJECT: See Attached Planning and Zoning Commission Agenda Communication, related maps, and rezoning history. . . ALTERNATIVES: 1 1) Approve the rezoning of Lots 13, 14, 15 of Block 3 of the Brown and Burns Addition (301 N. Ballard) from SF-3 to Retail. 2) Deny the rezoning of Lots 13, 14, 15 of Block 3 of the Brown and Burns Addition (301 N. Ballard) from SF-3 to Retail. If the City Council feels that any alternate zoning classification for these lots would be appropiate, then this alternative must be placed on a future Planning and Zoning Commission and City Council Public Hearing agenda with affected property owner notification. ACTION REQUESTED: Consideration of the City Staff recommendation and Planning and Zoning recommendation, as well as the citizen comments from the scheduled Public Hearing. Action to approve this rezone application will require the three fourths vote of all Council Members due to the 20% recorded protest of applicable property owners. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ ' CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: I SUPPORTING DOCUMENTS: x BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER x MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - x DIRECTOR OF PUBLIC x BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL TY MANAGER AGENDA COMMUNICATION TO: PLANNING AND ZONING COMMISSION FROM: Planning and Engineering - Rick Herzberger DATE: July 1, 1992 SUBJECT: ZONING CASE NUMBER SF-R-01 • DATE APPLICATION FILED: May 20, 1992 DATE OF ZONING COMMISSION HEARING: June 15, 1992 (no quorum), July 6, 1992 AFFECTED PROPERTY OWNERS ( AS OF AGENDA POSTING ) ( 8 ) IN FAVOR OF ZONING ( 4 ) IN OPPOSITION 17 letters mailed. APPL I CANT: Bill Lewis OWNER: F.O. Birmingham Memorial Land Trust Mailing address: Box 546 Wylie, Texas 75098 REQUESTED ZONING: Retail (R) EXISTING ZONING: Single Family 3 (SF3) LOCATION OF REQUEST: Block 3, Lots 13,14,15 301 N. Ballard **** SEE MAP **** ADJACENT ZONING AND LAND USES: Business 2 (B2) , Single Family 3 (SF3) HISTORY: See attached History as researched and evaluated by Rick Herzberger. PLANNING & ENGINEERING COMMENTS: Staff recommends approval of this zone change for the followinz reasons: (1) Conformance with the Comprehensive Plan. (2) Compatibilitiy with the surrounding land uses and zoning - intent of Retail district is to permit a compatible relationship between the retail development and adjacent residential areas. (3) The proposed use does not appear to pose a • M ANNINO AND ENaINEERINO COMMENTS CONTINUED: _ threat to the health, safety. morals or general welfare. nr to tho pr.AorvAtiOn of historical or cultural places. (4) On May 26, 1997, the City Crnnnril Auth- orized the Planning and Zoning.Commission to consider a Central Rusinoen nintrict (CBD) zoning concept to be applied to the downtown area. as dpgrrihod in the Comprehensive Plan ( South of Brown Street and North of Butler Street. hotwoon Jackson Ave. and First Street.) The CBD is intended to recongnixo all uaoa An4 structures in this area and provide for a compatible mixed use inning .1iAtrirt. This proposed zone change: SF3 to Retail will be consistent with the can rnnropt. • pLANNINi & ZONINc RECOMMENDATION: The Planning and Zoning Commission met on July 6, 1992 with 6 members present. Following the Public Hearing the members discussed all citizen concerns and questioned the City Staff on the above recommendation. Motion was made to appr9ve the rezoning recommendation with a 3 in favor and 3 against vote. In order to avoid a table item,' the commisioners voted unanimously to recommed to Council the action taken with consideration of the following main concerns regarding their even vote: 1) Mike Hawkins, Bart Peddicord and Bobby Jennings felt that this retail zoning is an appropiate classification in relation to the Staff recommendation, especially concerning the future work to be done on establishing a Central Business District. 2) Gilbert Welch, Cleo Adams and Billy Mills felt that even though this structure and proposed use are applicable to this area, any rezoning without further protection of the adjacent and surrounding residential homes PLANNING AND ZONING RECOMMENDATION CONTINUED: would not be in the best interest of the City and the citizens. 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Vf 14 6 1 7 ' 'MO 4 0 3'. ti ° M9 10 .n , T• ol 2 Oi in II 1 5 4, 1 14 fl a 3 1..;:. • 13 • •*5 gg le tv. I. . 'n 1 . -- • • 2 ' 5 - e - ... . _. • ' 12151: ..---- i . t, 8 is EU II 'el 70' — 270 1 p , init) (133 it 11111MUNIII imiruill 4 • ci in v) RINUINI : FAME. OMEN a I*/ 1 i6 2• 125.0' C171(1)1'' STREg T i i 01K .,0 243. ;I; - le _.. ...__ _ • 14 •ty 2 --c.; IFf 2 W tc. 12 1 1 1 .---4- - - 41> -;•17_14" CI° 6 Is 2 • . 45 ID IOW 1 pr• • yr 2/ __ _ t..„I., 4 ./ • X/ 9 1 3 41) 5 1:). HISTORY OF REZONING ATTEMPTS - LOTS 13 , 14, 15 BLOCK 3 OF THE BROWN AND BURNS ADDITION - BIRMINGHAM HOUSE. I . SF-3 - B-1 3/19/90 Planning & Zoning public hearing from SF-3 to B-1 . 1) 21 letters mailed - 8 returned with 2 in favor, 6 against . 2) Major comments / action: Bill Lewis stated he knew zoning was SF but land board purchased property anyway - middle of lawsuit . Main question is why land board did not ask for rezoning before remodeling. Denial by vote , 4 to 2 denial . 3/27/90 Council Public Hearing from SF-3 - B-1 1) Major comments ,( action = No place for land board to meet , wedding , receptions and neighbor impact, board should have went for zoning first , home occupation definition will not allow meeting unless family living is evident . Mr. Akin said to respect Planning & Zoning work and that waiting 14 months for rezoning is the key, but beautiful landmark. Hearing closed. Mr . Akin made a motion to follow Planning & Zoning, Mr . Naish said go to Planning & Zoning to study retail . All six in favor of denying zoning request . NOTE: Mayor Trimble exempted himself from the discussion and vote due to conflict of interest (Chairman of Land Board) . LGC Chapter 171 . II . SF-3 - Retail 4-16-90 Planning & Zoning hearing on rezoning from SF-3 to Retail . 1) 21 letters mailed - 11 returned with 4 in favor and 7 against . 2) Major comments / action: Basically same as previous , with Spillyards and Woods exchanging on what is the Land Boards intention if someone offers to purchase -? What use do the children receive? ( Rita Smith) . Motion made to table zoning request until Planning and Zoning can research Professional Office Use. All in favor. 5/21/90 Planning & Zoning discussion on Professional Office "usage" . Brief mention of specific uses , but not on final ordinance for "0" District . • 6/4/90 Planning and Zoning Hearing for amending Zoning Ordinance - adding a new district . Passed with all in favor . III . Professional Office: 6/26/90 Ricks Herzberger' s comments : The City Council minutes reflect a new "professional use" instead of a "professional district" being acted on, with this "use" being placed under Section 16 Retail District . Correction was made by a properly worded Ordinance establishing the "0" district - Ordinance 90-8 . IV. SF-3 to Specific Use - Professional Office. 7/16/90_ Planning & Zoning Public Hearing on SF-3 to Specific Use (professional office) . 1) 22 letters mailed - 14 returned with 9 in favor and 5 against . •r 2) Major comments / action - "Rick Herzberger's comments - Bill Lewis requested specific use. This action item should never have been introduced since the zoning ordinance has no provisions what so ever for an office use in the SF-3 specific use category - a lot of wasted time ! The ordinance would have to be amended first , adding this use, then coming back, for specific use permit . General discussion on why not use the recently ordained "0" district , plus still concerned over neighbors who protested. Motion made for 12 month specific use with out Council intervention. Motion passed 5 to 1 . 7/24/90_ City Council Public Hearing on specific use (office) 1) Major comments / action: Mayor Akin excused himself from meeting due to conflict of interest . Motion by Mr . Wright to table until Council has had a chance to talk with everyone involved. Motion carried, all in favor. 7/30/90 City Council 2nd Public Hearing on special use (office) 1) Major comments / action: 4 spoke against and 9 spoke in favor of specific use. Motion made to deny specific use, with all in favor . • V. SF-3 to "0" - Professional Office- 9/17/90 Planning and Zoning Public Hearing on SF-3 to "0" professional office. 1) Major comments / action: Still concerned about neighbors apposing this change, and must not consider politics , only best use of land. Again, why didn' t Land Board seek zone change before remodeling? Motion to approve recommendation to change zoning to Professional use. 4 to 3 in favor . 21 letters mailed, 17 returned with 12 in favor and 5 against . 9/25/90 City Council Public Hearing on SF-3 to "0" professional office. 1) Major comments / action: Mayor Akin excused himself from vote due to conflict of interest . Motion to deny zoning carried 5 to 1 . MINUTES PLANNING AND ZONING COMMISSION CITY OF WYLIE MONDAY, MAY 18 , 1992 The City of Wylie Planning and Zoning Commission met in regular session at 6 : 30 pm. Monday, May 18 , 1992 in the Council Chambers of the Municipal Complex. A quorum was present and a notice was posted in the time and manner required by law. Those present were Chairman; Robert Flint , Vice Chairman; Gilbert Welch, Mike Hawkins , Cleo Adams ,Billy Mills and Jerry Ault . Staff members present were Building Official ; Rick Herzberger and Secretary; Nita Sims . Those absent : Marvin Blakey. ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES OF APRIL 20, 1992: A motion was made by Cleo Adams and seconded by Mike Hawkins to approve the minutes as submitted with no additions or corrections . Motion carried, all in favor. (Jerry Ault and Gilbert Welch not present for vote, 4 votes) ITEM NO. 2 - CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN AMENDMENT TO THE ZONING ORDINANCE 85-23A, SECTION 29, SITE PLAN REVIEW: Chairman Flint opened the Public Hearing. No public present . ITEM NO. 3 - CLOSE PUBLIC HEARING: Chairman Flint closed the Public Hearing. ITEM NO. 4 - CONSIDER RECOMMENDATION TO THE CITY COUNCIL OF AN AMENDMENT TO ZONING ORDINANCE 85-23A, SECTION 29, SITE PLAN REVIEW: All the members discussed and reviewed the Zoning Ordinance and made changes to the following sections : Section 29 . 6 - Update requirements to be submitted to the Planning & Zoning Commission and process as an Ordinance change. Change Planning Department to Planning & Engineering Department. Section 29. 5 - Add sentence to clarify other Site Plan requirements not covered by this ordinance. A motion was made by Mike Hawkins and seconded by Jerry Ault to recommend approval of the Site Plan Ordinance as an amendment to the Zoning Ordinance to the City Council . Motion carried all in favor. (6 votes) ITEM NO. 5 - CONSIDER THE APPROPRIATE CLASSIFICATION OF THE FOLLOWING UNLISTED FORM OF LAND USE - OUICK SERVICE FOOD, BEVERAGES OR PERSONAL SERVICE SHOP CONDUCTED IN A PORTABLE BUILDING: After the members reviewed and discussed this land use, they decided to ask Rick Herzberger to research other possible Zoning Ordinance applications for this use, instead of classifying as a certain Zoning District Specific Use. Mr. Herzberger stated he will further research other area Zoning Ordinances per this request and present to the Commission at a future date. ITEM NO. 7 - CONVENE FOR MONTHLY WORKSHOP TO DISCUSS THE COMPREHENSIVE REVISION OF THE ZONING ORDINANCE: Chairman Flint opened the workshop and he stated the workshop was open to the public. Rick Herzberger went over the Comprehensive Zoning Ordinance. All the members reviewed and discussed the Comprehensive Zoning Ordinance as well as the Zoning Map. ITEM NO. 8 - RECONVENE TO REGULAR BUSINESS MEETING: Chairman Flint closed the workshop and reopened the regular business meeting. ITEM NO. 9 - CITIZEN PARTICIPATION: None. ITEM NO. 10 - ADJOURN: A motion was made and seconded for adjournment. Meeting adjourned by Chairman Flint . Motion carried, all in favor. ( 6 votes) Respectfully submitted: z4/I A'2;e(fi. Lilti-kt/771 Rab rt F1 i _t-, Chairmen Nita Sims , Secretary Gi I berg v/elch 1 dice, main City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Development Corporation of W,'lieDIRECTOR: Charlie Womack DATE REFERENCE NO. SUBJECT 07/24/92 6 Request for Assistance from Hospital SUMMARY OF SUBJECT: Physicians Regional Hospital has requested assitance from the Development Corporation of Wylie, Inc. Details of their request is provided in the attached documents. ALTERNATIVES: A) Support the requested assistance B) Deny support for the requested assistance ACTION REQUESTED: Support the requested assistance REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: X BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION X OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM DATE: July 23 , 1992 TO: Mayor and City Council FROM: Charlie Womack, Executive Director AtUr- Development Corporation of Wylie, Inc. RE: Request for Assistance from Physicians Regional Hospital Physicians Regional Hospital has a temporary crucial cash flow problem that must be immediately resolved. Current projection indicates a negative cash flow deficit reaching approximately $144,000 during the month of July. Prior loan negotiations with a local bank have produced negative results and they have now requested financial assistance from the Development Corporation. Attached for your review and consideration is a photostatic copy of their original request for a loan guarantee totaling $120,000. The Board of Directors of the Development Corporation of Wylie, Inc. reviewed and discussed their request during our regular scheduled meeting of July 14, 1992. Three members of the board were present and voted unanimously to approve their request subject to each principal owner personally agreeing to sign a Letter of Guaranty for the entire loan amount and final approval by members of the Wylie City Council. The principal owners have agreed to this condition. There will be a representative present from the hospital and the Corporation to answer any questions prior to the Council's final decision. The Board agreed the hospital was a vital ingredient for continued "quality of life" and all efforts should be exerted in maintaining this excellent medical facility for all citizens in the Wylie area. We certainly hope you will be able to support the decision made by your Board of Directors and the hospital can continue to offer superior medical and hospital services for our citizens. PHYSICIANS REGIONAL HOSPITAL LOAN GUARANTEE PROPOSAL TO WYLIE ECONOMIC DEVELOPMENT CORPORATION REQUEST: The Economic Development Corporation to place a $120, 000 CD into Provident Bank Wylie to collateralize a $120, 000 Loan to the Hospital to fund the development of a new Geriatric Psychiatric Unit at the Hospital and working capital deficits during development of this Unit. This Unit provides 21 new jobs to the area and allows the Hospital to continue its financial viability and delivery of emergency care to all citizens of the area, regardless of ability to pay. BACKGROUND AND HISTORY: Physicians Regional Hospital ("Hospital") was originally constructed and opened by American Healthcare Management, Inc. (AHM) in July 1983 as a 37 bed acute-care medical and surgical hospital. As a result of poor management and a negative community image, the Hospital experienced significant financial losses through 1986. Finally in November 1986, in an attempt to stem these losses, AHM asked Mr. Lawrence J. Wedekind, a noted local hospital turnaround specialist, to consult and advise AHM relative to the Hospital. After approximately six (6) months of consultation, AHM entered into a 5-year management contract with Mr. Wedekind and his company, Paragon Healthcare Systems, Inc. (Paragon) to operate and manage the hospital. Paragon successfully recruited topnotch physicians in several specialties, developed new services needed in the area, implemented cost controls and quality assurance programs, and forged cooperative relationships with the existing physicians and community organizations and businesses. The Hospital began to experience positive cash flow as a result, most of which accrued to the benefit of its owner, AHM, instead of the Hospital itself. Despite the financial improvement at the Hospital in late 1987 AHM filed Chapter 11 bankruptcy reorganization due to other problems in their hospital network. This further eroded investment by AHM of positive cash back into the Hospital. Frustrated with AHM' s drain on positive cash flow, Mr. Wedekind then successfully negotiated a Lease Purchase of the Hospital. This lease purchase includes an exclusive purchase option, a ten (10) year lease of the land, building and major equipment and the purchase of the Accounts Receivable (A/R) , supplies, minor equipment, good will, and cash- on-hand at the time of such purchase. This Lease Purchase was consummated on May 1, 1989 . As a result, Paragon has a 55% ownership position in the Hospital and is the General controlling Partner. Mr. Wedekind owns the majority interest in Paragon and other minority interests are held by the following individuals: Mark Liston, Peggy McCollum, Stuart Kalb, Kathie Sukkar. The 45% remaining Limited Partnership interests are held by three (3) physicians, one local lay person, and the Landlord/property owner (AHM) . The total cash contributed by the partners to the hospital in order to effectuate the Lease Purchase was $600, 000 in the form of $150, 000 cash (equity) and $450, 000 debt. The $450, 000 of debt was derived from an A/R collateralized loan through Provident Bank Wylie and is guaranteed by Paragon and several individual partners. This $450, 000 loan was paid down to $290, 000 as of December 1991, but was renewed back to $450, 000 as of December 24 , 1991 in order to provide capital for ad valorem taxes and payback of Medicare settlement payments left over from prior years. The principal balance is currently around $435, 000. June 1, 1989 therefore marks the first day that the Hospital came under local ownership and control. Since then, the Hospital (through Paragon) has contributed approximately $475, 000 of support back to the Wylie community, as depicted by Exhibit A attached hereto. Paragon has also added $478, 603 of capital and renovation improvements by reinvesting all operational cash flow back into the facility. CURRENT SITUATION: Although hospital operations continued to grow at annual rates of approximately 20% between 1989 and 1991, Medicare and Medicaid reimbursement rates have continued to be decreased by Congress each year. Technological improvements have also continued at rapid rates; thus causing many procedures which formerly were done on an inpatient basis to now be performed on an outpatient basis. Bad debt and contractual adjustments have also increased in Wylie and across the nation due to the recession, Medicare adjustments, and the proliferation of HMO' s. The net result is a large decline in reimbursement to hospitals in general, with Wylie being no exception. However, Paragon has managed to counteract most of this reimbursement problem through quality and efficiency improvements, control of expenses and the introduction of needed new services and physicians each year. Of significance is the fact that, while other hospitals have experienced significant inpatient census declines over the last few years, Physicians Regional Hospital has actually experienced census and volume increases in virtually every department. The major reasons for the census and volume increases are detailed below: 1. The "Small Miracles" department has experienced a 100% increase in OB deliveries between 1990-1991 and 1991 -1992 . Births have literally doubled over the last year! 2 . The recruitment of Dr' (s) Birdsong, Glenn, D' Souza and Derbonne has caused more people from Wylie and surrounding towns to stay in Wylie for their medical/surgical care, thus resulting in admission and outpatient care increases. 3 . An adolescent Psychiatry service was implemented in 1989 which averaged approximately 7.5 ADC until early 1992 when the entire industry was devastated by media reports of abuse by a couple of national adolescent psychiatric providers. Over five (5) freestanding Psych hospitals have closed in the Dallas area alone in the first 6 months of this year. 4 . The Emergency Department has grown steadily over the last 3 years due to quality of care enhancements put in place between 1987 and 1989 and the improved image that has occurred. 5. The Surgery Department is now equipped with state of the art orthopedic, endoscopic, gynecological, ophthalmic and general/vascular instrumentation as the result of the recruitment of several extremely capable surgeons from Plano in these specialties and continued investment of positive cash in these areas. Surgical volume has grown steadily as a result. 6. Last, but not least, our patients consistently receive personalized loving care from the staff and word of mouth advertising has been very strong as a result, particularly in the last 1 1/2 years. Due to the harmonious working environment, our employee turnover remains very low. Unfortunately, as mentioned in #3 above, in January 1992 the census in the adolescent psychiatric unit stared to decline. It became apparent that the future demand and reimbursement for inpatient psychiatry would be tenuous at best due to the industry troubles spawned by a couple unscrupulous national companies. However, Paragon fortunately had been planning the development of geriatric psychiatry services since early 1991 to replace adolescent psychiatry due to the growing need for such services in our service area. The closure of the adolescent unit was therefore planned very carefully to coincide as closely as possible with the opening of the Geriatric unit, although it was closed one (1) month earlier than expected due to the industry problems that occurred. As stated earlier, initial conception of the Geriatric Psychiatry unit occurred in early 1991 due to the recurring demand for such a unit. Development of the Geriatric Psychiatry unit was started formally in October 1991 and was finished in May 1992 . After several mandated state licensing and clinical quality oriented surveys, the unit was opened on June 8, 1992, despite not having sufficient capital to fully pay for the expansion or the working capital needed during the first 3 months of operations of the Unit. Relative to this capital need, Paragon had hoped to obtain an expansion and working capital loan from Equitable Bank Dallas to finance the Geriatric Psychiatry unit and applied for such a loan in early 1991. Equitable Bank approved the hospital' s loan request conditioned upon a loan guarantee from either SBA or FMHA government loan guarantee programs. After initial research and application to the SBA, it was determined conclusively that the Hospital didn't quality for an SBA loan guarantee since its gross revenue was too high. Therefore, a loan guarantee from FMHA was applied for by Equitable and the Hospital. Initial application to FMHA was made in January 1991. Equitable and FMHA officials believed and represented to Paragon that the loan would be approved and funded well before the end of 1991. It seemed that there was no question that the Hospital would qualify for the FMHA loan guarantee program. Much to our dismay, this $650, 000 loan has still not received formal approval from FMHA, despite approvals from Equitable, the regional FMHA office, OSHA, and the North Texas Board of Governors. Approval and funding is still expected,' but will probably not occur in time to solve the Hospital 's immediate working capital needs. The local banks are also unable to lend any additional monies to the Hospital without additional collateral in the form of cash or equivalents. Therefore, the Hospital is now in a position where it has been forced to use operational cash flow to fund the Geriatric Psychiatry expansion and renovation project. This, combined with the overall Hospital negative cash flows that have occurred since April 1992 because of the closure of Adolescent Psychiatry Unit has placed the Hospital in temporary dire financial straits. It is expected that negative cash flows will continue through July 31, 1992 due to the fact that the adolescent psychiatry service was ceased in March 1992 and collections from the geriatric unit will not start until the first part of August 1992 . In summary, the Hospital has already experienced 2 1/2 months of negative cash flow and will experience another 1 1/2 - 2 months until the geriatric unit revenues make up the difference. As shown in the attached Forecasted Cash Flow analysis (Exhibit B) , the hospital started the month of June with a negative $28, 000 account balance due to the last 2 1/2 months of negative cash flow and this situation will worsen to approximately a negative $145, 000 by the end of July. Beginning in August, cash flows will again become positive due to the geriatric psychiatric unit collections and this negative account balance will be whittled down until it again becomes positive in November 1992 . NEED: The Hospital therefore needs a short-term cash infusion immediately of at least $120, 000 in order to fund the negative cash flows that have already occurred and the continuing working capital needs through July 1992 . As seen by the Forecasted Cash Flow analysis, a $120, 000 loan can easily be repaid with interest by December 1992 . Such a loan can also be paid back early if the Equitable Bank/FMHA loan materializes prior to December 1992 . ALTERNATIVE IMPACT: The alternative to not obtaining the $120, 000 expansion and working capital is to close the geriatric unit immediately. This would cause the immediate loss of approximately 21 new employees (jobs) relating to the new geriatric unit and would place the entire Hospital in immediate jeopardy due to the amount of cash ($45, 000) already expended on the renovation project necessary to make the unit operational. The Hospital' s medical and surgical operations alone are simply not strong enough at this time to support the high levels of unreimbursed care and overhead necessary to provide unrestricted access to Hospital/Emergency care in our community. In other words, in addition to geriatric unit closure, closure of the Hospital ' s Emergency department is also quite likely if the Hospital does not receive these monies soon. Since closure of the emergency department is often tantamount to closing the hospital and will definitely increase morbidity and mortality in our area, this is not a viable alternative for the area. The loss of approximately 110 jobs are ultimately at stake for the community and the loss of ad valorem taxes and sales tax revenues are also at state. This equates to a direct economic loss to the area of approximately $3 .5 million per year. PROPOSED SOLUTION: Provident Bank Wylie will provide the additional $120, 000 as an extension of our existing loan or simply a new loan on the condition that a CD be placed as collateral. The Hospital proposes that the Economic Development Corporation place $120, 000 of its funds in a 6 month CD collateralizing the $120, 000 loan needed by the Hospital. This loan will be a six month fully amortizing loan so that the collateralized portion of the CD decreases each month until the loan is fully paid off by the end of the 6th month. Timing is critical. Closing of 'this transaction is requested by June 30, 1992 . Provident Bank Wylie has already approved several large checks that posted to the Hospital ' s account without the account balance to fund these checks. The bank's patience is limited. Your immediate consideration is appreciated. Sincerely, Lawrence J. Wedekind Chief Executive Officer LJW/sa Physicians Regional Hospital Community Support - 89,90,91 Cost to Schools: - PRH Wylie Independent School District Elementary Schools Birmingham: Annual Health Fair in Auditorium Health Screenings and Handouts 89,90,91 $750 Halloween safety bags 1989, 90,91 $420 Special Students Tour of Hospital $50 Hartman: Career Day 90 Provide nurse, lab tech, physical therapist $480 Hospital Day 1990(supplies) $100 Halloween safety bags 1989,90,91 $345 Drug Awareness Week- psychologists and therapists 90,91 $400 Akin Halloween safety bags 1989,90,91 $140 Middle School Medical Explorers Program $100 Highschool Project Care Drug Testing 90,91 $6,650 Medical Explorers Program 90,91 $1,700 Purchased Grand Champion Steer(FFA) 1990 $2,475 Purchased Steer and Lamb(FFA) 1991 $1,900 Purchased Lamb (FFA) 1992 $170 Health Program Scholarship -$600/yr Wylie Band Boosters-donations, 89,90,91 $45 Wylie Football Team-cups donated,91 $190 Wylie Football Programs- ads, 90,91 $315 Comunity Independent School District-yearbook ad,91 $50 Wylie Christian Academy Year Book ads-89,90,91 $150 Auction donations - 89,90,91 $1,750 Preschools Free Continuing Education Courses for Teachers 1991 $350 Halloween Safety Bags 1989,90,91 $315 Wylie Chamber of Commerce and area Businesses Chamber Annual Dues - 89.90.91 $900 Support of other Chamber Functions 89,90,91 $1,965 • TI Health Fair-90,Nurse,giveaways $200 Chamber Parade 89,90,91 - FIoats $3,000 Hillcrest Nursing Home Pagent Donation -91 $50 Business Expo at Birmingham Elementary School-91 $300 Chamber Board Member-92 Provide Physical Therapist to area businesses for education $500 Employee Time to attend Chamber Ribbon Cuttings,etc.-89,90,91 $3,000 Wylie News and Wylie Sentinel Advertising-89,90,91 $3,300 Member of Economic Development Committee 90,91 $1,000 Member of Partnership in Development-92 Community Organizations Girl Scouts, Camp Fire Girls, tours,etc. 89,90,91 $1,000 Wylie Womens League 89,90,91.92 Baked Food Sales $80 Easter Egg Hunt (Cabbage Patch) $300 Member since 89 PRH Auxiliary provided refrestments at Tour of Homes,91 $100 Wylie Rotary Club Charter Member and financial supporter, 89,90,91 $2,160 Christian Care Center Donate Space 89,90,91 $18,000 Provide garage sale space and signs $200 Discounted Mammograms for those recommended via CCCC $1,000 Promote Health and Wellness in the Community Annual Health Fairs, at PRH 90,91 $4,000 Provide Meeting Space for TOPS &WT Watchers 89,90,91 $1,200 AARP Lectures and support, Wylie, Copeville-92 $300 Wylie Volunteer Fire Dept. 1) 2 employees are volunteer firefighters and are paid when fighting fires during working hours, 89,90,91,92 $5,000 2) ads in annual function program 89,90 $200 • Parker Volunteer Fire Department-ads in publications $100 Brochures to educate public about gallbladder disease, mammograms, and availability of physicians, 90,91 $20,000 Newsletter- with health education articles 90,91 $15,500 First Aid Station at McKinney's Forever Free-91 $1,400 Coordinate Wadley Blood Drives 4 times/yr,90,91 $1,000 $104,600 Physician Recruitment Includes Recruitment Fee, Guarantee, Renovation, Free Rent $368,500 -Pra¢sr Gilbard IHN Birdsong Adams nt Dental Clinic Haskell Texas Heart Group Texas Surgery Group Schacherer&Frazee Kay, et. al Derbonne Total $473,100 PHYSICIANS REGIONAL HOSPITAL PHYSICIAN RECRUITMENT 44 05/31/89 - 05/31/92 Recruitment Free/Disc. Office Office Moving Physician Fee Guarantee Rent Renovation Staffing Advertising Expenses Tot Dr. Propst 8,000 4.800 2.000 6,000 500 21 ,." Dr. Gilbard 18.000 9.600 2,000 2,000 3,000 34, IHN 4.000 7,000 11 ,' Dr. Birdsong 18.000 70.800 * 14.248 9,400 6,000 118,- Or. Adams 24,000 10.580 17,116 300 51 . Dr. Naini 6.700 1 .000 7.000 300 15, Dr. Scriefer 1 ,100 3,000 4 Dr. Frazee 7,800 5,000 1 ,000 13:c Or.° Oerbonne 18,000 58.345 * 10.500 1 .500 4.000 92.: Multi-Specialty Suite 3.000 400 3.- . Dr. Kay 2.500 2, Total S54.000 S143.845 $72.048 $41 ,480 S30,116 $17,000 S10,000 $368,- * Includes moving expenses , FILE REF: \CASH\92PROJO5 Page CF-1 PHYSICIANS REGIONAL HOSPITAL Forecasted Cash Flow 1992 6/92 7/92 8/92 9/92 10/92 11/92 12/92 TOTAL CASH BALANCE AT BEGINNING OF MONTH - ($28,052) ($91,733) ($144,663) ($99,159) ($63,759) ($24,045) $14,125 ($28,052) FORECASTED CASH RECEIPTS: Med/Burg I/P and 0/P and Other Income (a) 558,000 539,206 548,305 549,201 548,555 547,011 553,002 3,843,280 Geriatric Psych Program Receipts (b) 0 0 122,870 122,870 122,870 122,870 122,870 614,350 TOTAL FORECASTED CASH RECEIPTS 558,000 539,206 671,175 672,071 671,425 689,881 675,872 4,457,630 FORECASTED CASH DISBURSEMENTS: Hospital Payroll (including taxes) (c) 312,440 249,960 224,960 '224,960 220,000 220,000 220,000 1,672,320 Accounts Payable 197,000 204,000 218,000 230,000 230,000 230,000 230,000 1,539,000 Geriatric Psych Capital/Renovation Costs (b) 8,000 0 0 0 0 0 0 8,000 Geriatric Psych Operating Costs (b) 0 28,935 57,870 57,870 57,870 57,870 57,870 318,285 Capital Purchases 4,000 4,000 4,000 3,000 3,000 3,000 3,000 24,000 Debt/Lease Payments (d) 100,241 105,241 120,841 120,841 120,841 120,841 98,241 787,087 TOTAL CASH DISBURSEMENTS 821,681 592,136 625,671 636,671 631,711 631,711 609,111 4,348,892 CASH BALANCE AT END OF MONTH - ($91,733) ($144,663) ($99,159) ($63,759) ($24,045) $14,125 $80,886 $80,888 CASH BALANCE AT END OF MONTH (with $120,000 loan) $28,267 ($24,863) $20,841 $56,241 $95,955 $134,125 $200,886 $200,886 • ASSUMPTIONS - (a) - Med/eurg average daily census is 12.5 for the forecast period with historical patient six and net revenue trends. (b) - 12-bed geriatric pysh unit becomes exempted by Medicare on 7/1/92 with reimbursement beginning in 8/92. Total costs to renovate unit approximates $45,000. The majority of these costs were funded in April and May of the current year out of operational cash flow. (c) - Three (3) payroll periods occur during the month 6/92. (d) - Refer to page CF-2 for detail of debt/lease payments. FILE REF: \CASH\92PROJ05 Page CF-2 PHYSICIANS REGIONAL HOSPITAL Forecasted Debt/Lease Service 1992 Description 6/92 7/92 8/92 9/92 10/92 11/92 12/92 TOTAL American Nat. Bank - Term Loans (vans) $1,163 $1,163 $1,103 $1,163 $1,163 $1,163 $1,163 $8,141 Provident Bank - Equipment Loan 950 950 950 950 950 950 950 0,650 Provident Bank - Term Loan ($450,000) 9,800 9,800 9,800 9,800 9,800 9,800 9,800 - 68,600, MCM, Inc. - Lease (a) 55,795 00,795 60,795 60,795 60,795 60,795 80,795 420,565 HCH, Inc. - Purchase Note 5,390 5,390 5,390 5,390 5,390 5,390 5,390 37,730 Equitable Bank - Term Loan 7,000 7,000 7,000 7,000 7,000 7,000 0 42,000 Property Taxes 20,143 20,143 20,143 20,143 20,143 20,143 20,143 141,001 Medicare Coat Report Repayment 0 0 15,000 15,600 15,600 15,600 0 62,400 TOTALS $100,241 $105,241 $120,841 $120,841 $120,841 $120,841 $98,241 $787,087 xxxx (e) - MCM, Inc. is the lessor on the hospital and related assets. i