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04-23-1991 (City Council) Agenda Packet DATED POSTED 04-19-91 TIME POSTED 1:00 P.M. AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, APRIL 23, 1991 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION - REV. MONA BAILEY, CORINTH PRESBYTERIAN CHURCH PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 33 Consider approval of the minutes from the February 12th, 26th, March 12th and 26th and April 4, 1991 Council meetings 2 34 Consider approval of called meeting on Monday, May 6, 1991 at 7:00 P.M. to Canvass the Election Returns of May 4th Election Day 3 35 - 50 Discuss and consider Mid-Year FY91 Financial Report 4 51 - 55 Discuss and consider Donating to the Chamber of Commerce for "Forever Free" 5 56 - 61 Discuss and Consider Adoption of Ordinance Enabling City Employees on an as Needed Basis to Buy Back into the Texas Municipal Retirement System 6 62 Discuss and Consider Payment of Claim to Bolen Construction Co. for completion of Seal Coating for McCreary Road 7 63 Discuss and Consider authorizing under Annual Seal Coat Bid Seven (7) Major Street Improvements 8 64 - 68 Discuss and Consider Change Order #1A on Newport Harbor Sewer Line 9 69 - 76 Discuss and Consider Final Selection of One (1) of Big Six (6) Auditing Firms to Conduct FY91 Audit and other Audit Work as Requested and Required 10 Citizen Participation In accordance with the Open Meeting Act, the City Council will hear comments of Public interest from citizens residing within the City Limits of the City of Wylie. Any discussion must be limited to placing the item on a future agenda for further consideration. Wylie residents wishing to speak before Council should limit remarks to a maximum of five (5) minutes 11 Adjourn CITY COUNCIL MEETING MINUTES FEBRUARY 12, 1991 The City of Wylie City Council met in regular session on Tuesday , February 12 , 1991 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 Don Hughes , Council Members Percy Simmons, Pat Stemple, William Martin, Chuck Wible, City Manager Bill Dashner , City Secretary Carolyn Jones, Park Director Bill Nelson, Engineer Paul Beaver , and Acting Finance Director Prudence Kling . Councilman Steve Wright was absent . PROCLAMATION - BOY SCOUTS OF AMERICA FOR SCOUTING FOR FOOD NATIONAL GOOD TURN WEEK: Mayor Akin presented the Boy Scout Troops a proclamation for Scouting for Food National Good Turn Week - February 2 - 9 , 1991 . NOTICE OF GENERAL ELECTION AND ORDER OF ELECTION FOR MAY 4 , 1991 FOR COUNCIL PLACE 1 , 3, AND 5: Mayor asked that extra time for absentee voting be consider . A motion was made by Councilman Martin to approve the Notice of General Election and the Order of Election for May 4, 1991 for Council Place 1 , 3 , and 5 . Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ADOPTION OF ROBERTS RULES OF ORDER FOR CITY COUNCIL MEETINGS: A motion was made by Councilman Simmons to table this item for a work session on the third Tuesday of February. Seconded by Councilwoman Stemple . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor to table. AGREEMENT BETWEEN_ CITY OF WYLIE AND ATCHISON, TOPEKA AND SANTA FE RAILWAY CO . - INSTALLATION OF RR SIGNALS FOR BROWN STREET: This agreement sets forth the plans and time schedule for the installation of the railroad signals at Brown and Highway 78 . Collin County has already paid the Railroad Company for this installation. A motion was made by Councilwoman Stemple to approve the Agreement between the City of Wylie and Atchison, Topeka and Santa Fe Railway Company for the installation of signals at Brown St. and Highway 78 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PRESENTATION BY RON HARRIS, COLLIN COUNTY JUDGE ON NEW COLLIN COUNTY JAIL FACILITY: Mr. Harris introduced Mr. Renfro, Project Manager for the Jail Facility. Mr . Renfro stated that the present jail facility is maxed out and the master plan which takes in future expansion and growth is being brought forward. The property is 2 1/2 miles north of Highway 380 on Highway 75 in McKinney. There is enough room here to expand as the need arises . Sheriff Box said today the jail will house 240 inmates. The County has been able to house inmates outside our County at times due to the over crowded situation. By the year 1994 and 1995 there will be a need for 570 beds . This new facility is much needed for Collin County. RESPONSE FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON CITY COUNCIL RESOLUTION NO . 91-1-22-91 : Mr . E. Wallace Cooper, On Scene Coordinator from the United States Environmental Protection Agency has written that data from two (2 ) investigations in the area of the Chemical Recycling , Inc. facility are currently being reviewed and evaluated by our staff . Upon the completion of these reviews we will be in a better position to respond to Section I through Section II of your resolution in a preliminary way. CONSIDER PHASE II TECHNICAL REPORT ON CITY LANDFILL TO TEXAS DEPARTMENT OF HEALTH: Mr . David Buchanan of Jones and Neuse, Inc. has written to the Texas Department of Health discussing Phase II of the hydrogeologic investigation of the Wylie Landfill , indicating rainfall in the area had saturated soil at the landfill and it was not possible to initiate drilling activities on January 7th as planned . Based on previous experience it will take approximately one to two weeks for soil at the landfill to dry sufficiently as to allow access . Due to these rains , Jones and Neuse requested a three week extension to the January 31, 1991 deadline for monitoring well installation . This letter to TDH also discussed the locations of new piezometers at the landfill and the previous attempts to locate the piezometers . This extension was granted . PAYMENT TO JONES & NEUSE, INC. FOR LANDFILL TO TESTING AND MONITORING: This payment request is in the amount of $12 , 243 .04 on the Task 2 - Phase II H landfill contract dated November 13 , 1990 . Payment is recommended out of the Landfill Closure Fund. A motion was made by Mayor Pro Tem Hughes to approve the payment request to Jones & Neuse, Inc. in the amount of $12 , 243 .04 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . ADOPTION OF AN ORDINANCE AUTHORIZING A COMPREHENSIVE PROGRAM OF PROCEDURES AND POLICIES FOR ADMINISTRATION OF RECREATIONAL PROGRAMS AT COMMUNITY FACILITIES: The comprehensive program developed by the Parks and Recreation Director which is an organized process for the procedures and policies applicable to City Recreational Facilities. The Parks and Recreation Director has developed the guidelines in conjunction with the Park and Recreation Advisory Board . Mr . Bill Nelson, Park Director stated that these rules were drawn up from information gathered from other city park departments. This policy covers times that fields can be used , the fee for the use of the fields for all sports . There are usage fees for the lights, fields and special fees for tournaments . This ordinance also stipulates that activities will not begin on Sunday until after 12 : 00 Noon. The Park Board is requesting that the majority of the money collected be spent to maintain the park fields. City Manager Bill Dashner stated that the Park Board , which is an advisory board to the Council , has studied this and recommends this policy. A motion was made by Councilman Simmons to approve the Ordinance authorizing a comprehensive program of procedures and policies for the Administration of Recreational Programs at the Community Facilities. Seconded by Mayor Pro Tem Hughes. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - against, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with five in favor, and one against . AUTHORIZING SOLICITATION FOR COMPETITIVE BIDS FOR CONCESSION RIGHTS TO COMMUNITY PARK FACILITIES: Authorization is requested to solicit competitive bids for the operation of concession stands at the Community Park for all authorized City activities. Staff recommends that the Park Director be allowed to solicit competitive bids for the operation of the concession stand at the Community Park. Whoever submits the best bid to the City will have exclusive rights for the sale of all concessions at the Community Park. A motion was made by Councilman Simmons to approve the solicitation for competitive bids for concession rights to Community Park Facilities . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. FUNDING PACKAGE FOR WATER, SEWER AND STREETS TO FACILITATE CONSTRUCTION OF ARMORY BETWEEN TEXAS NATIONAL GUARD , CENTENNIAL HOMES, COLLIN COUNTY AND CITY OF WYLIE: There are three options from which the city can choose. The cost of these options are as follows : Option One $289 „ 000 - City portion $10 ,000 Option Two $455, 000 - City portion $93,047 Option Three $523 ,000 - City portion $96, 395 Option One has a two land extension of existing Spring Creek Parkway to the south side of St . Louis Southwestern Railroad with water and sewer utilities extended north of AT & SF RR and AT & ST RR crossing being provided by County. Option Two all items in Option One plus third lane added paralleling existing Spring Creek Parkway and street lights and incidentals. Option Three all items in Option Two plus third land added in front of Armory to south side of SL, SW RR, water and sewer utilities extended to south side of Sl , SW RR and street lights and incidentals . There will be $61 ,000 of perimeter Street Assessment applied to total project cost . Staff recommends Option One to Council . A motion was made by Mayor Pro Tem Hughes to approve Option One. Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ADOPTION OF AN ORDINANCE GRANTING A FRANCHISE TO COMMUNICATION SERVICES, INC. FOR THE CONSTRUCTION OF OPERATION OF A CABLE TELEVISION SYSTEM: The City has been able to negotiate a new franchise ordinance with TCI Cablevision of Texas , Inc. The ordinance has been drafted in compliance with the 1984 Cable Communication Policy Act as passed by Congress . Critical Sections of the Ordinance areas follows : Section 2, Part 2 .2 - Terms - The initial term is for 25 years from the effective date as adopted by this ordinance Section 3 .9 - Extension of Services Section 3 .10 - Subscriber charges for extension of service Section 3 . 11 - Service to Public Buildings Section 4 .1 - Part A Franchise Fee - Grantee shall pay to the franchise authority a franchise fee equal to 5% of gross revenues received by grantee from the operation of the cable system on an annual basis . This was negotiated from 3% up to 5% . Section 4 .2 - Rates and Charges - The franchise authority may not regulate the rates for the provision of cable services and other services. Grantee has the right to modify its rates and charges but not limited to the implementation of additional charges and rate provided the grantee shall give notice to the franchising authority of any modifications 30 days prior to effective date. Section 4 .3 - Renewal of Franchise Section 4 .4 - Conditions of Sale Section 4 .5 - Transfer of Franchise - Must have prior consent of franchising authority. A representative from TCI stated everyone was in agreement with the franchise agreement and if the were any public buildings not wired for cable they would be glad to do so. Council was also informed that the cable office would be closed here in Wylie, but that payments could be made elsewhere and there would be notification given to the citizens . A motion was made by Mayor Pro Tem Hughes to approve the Ordinance establishing a Franchise Agreement between the City of Wylie and TCI Cablevision of Texas, Inc. Seconded by Councilman Wible . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . AUTHORIZING PREPARATION OF SPECIFICATION FOR THE PROPOSED PURCHASE OF OR LEASE PURCHASE OF ONE NEW PUMPER TRUCK FOR THE FIRE DEPARTMENT: The City has four (4) fire trucks, which range from 11 to 19 years old. It was discussed in our budget session to fund the purchase of or lease purchase of a new pumper truck for the Fire Department. With the authorization from Council , the Fire Chief will develop a competitive set of specifications to be brought back to the City Council with funding strategy. A motion was made by Councilman Simmons to approve the authorization for preparation of specification for the purchase of or lease purchase of one new pumper truck for the Fire Department. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor. REQUEST FROM MAYOR OF DALLAS FOR THE CITY OF DALLAS THROUGH THE DALLAS HOUSING AUTHORITY TO DEVELOP LOW RENT PUBLIC HOUSING WITHIN THE CITY OF WYLIE: If the Council agrees to this proposal the City of Dallas will draft a cooperative agreement to be executed at a later date by the City Council . A motion was made by Mayor Pro Tem Hughes to deny the request from the Mayor of Dallas for the development of low rent public housing within the City of Wylie. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ADOPTION OF ORDINANCE DESIGNATING A HISTORICAL LANDMARK IN ACCORDANCE WITH WYLIE HISTORIC LANDMARK PRESERVATION PROGRAM: This is an ordinance which will bring about a placement of a historical landmark monument to be placed in the old downtown section of Wylie . This will be done by the Historical Society of Wylie, the Chamber of Commerce and the City. Mr . John Spillyards, Chairman of Historical Commission addressed the Council urging them to pass this ordinance. Mr . Spillyards said this would not mandate any owner of a business or a property owner to remodel or update their property/store front. A motion was made by Mayor Pro Tem Hughes to approve the Ordinance designating a Historical Land mark in accordance with with Wylie Historic Landmark Preservation Program. Seconded by Councilman Wible. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. PROPOSAL FROM BFI INITIAL PHASE OF RECYCLING PROGRAM AND APPROVE CENTRAL DEPOSITORY LOCATION: BFI has two options for recycling of recyclable materials. The City Council needs to decide which of the two options they want . This phase is to determine need and interest in a recycling program. If the City Council decides to put this program in place a location for the container has been recommended on Ballard next to the old Fire Station . The options are as follows : Option 1 1 - 30 yard compartmentalized container Haul rate: $75 .00 per haul Daily rental rate: $4 . 50 per day ($1 ,642 . 50 per year) City received 100% of the proceeds from the sale of recyclable materials Option 2 1 - 30 yard compartmentalized container Haul rate: $0. 00 Daily Rental Rate: $4 . 50 per day ($1 ,642 .50 per year) BFI retains 100% of the proceeds from the sale of recyclable materials The City Staff recommends Option 2 . A motion was made by Councilman Martin to approve Option 2 Recycling program with BFI for six months . Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . AMENDING INTERLOCAL AGREEMENT WITH COLLIN COUNTY ON CHANGE ORDERS TO MCCREARY/BROWN STREET PROJECT AND ALL COST INCURRED BEYOND CONTRACT BID PRICE: The bid on this project was awarded on January 20, 1990 by Collin County, but the Commissioners Court has stipulated any construction overruns will have to be paid for by the City of Wylie. Staff has informed Collin County prior to any change orders, the City must approve the change orders. A motion was made by Mayor Pro Tem Hughes to approve the amendment to the Interlocal Agreement with Collin County on Change Orders to McCreary/Brown Street Project and all cost incurred beyond contract bid price. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . NEW COST FIGURES ON COLLIN COUNTY CONSTRUCTION FIGURE FOR ALANIS ROAD: The figure that has always been give to City Council on the construction of Alanis Road is $18 ,000 . The official cost estimate from Collin County stipulating the new estimate cost to be $46 ,538 . The construction of this road is in agreement with the landfill closure process that this road be relocated . A motion was made by Councilman Martin to table this item. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor to table. APPROVAL OF CLAIM FROM PATE AND PATE ON PHASE II SEWER LINE CONSTRUCTION WORK: This claim is in the amount of $31, 972 .22 . This project is complete and the City is holding a 5% retainer fee. A motion was made by Councilman Simmons to approve payment of $31, 972 . 22 to Pate and Pate. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PAYMENT TO PATE AND PATE REQUEST NO. 4, MUDDY CREEK INTERCEPTOR: This payment request is in the amount of $28 , 823. 33 , and this still leaves the 5% retainer fee of $35 ,217 .10 of the total contract . This retainer fee will take care of the legal obligations that the City has with Gilbert Welch and the seeding per contract and the normal cleanup. A motion was by Councilman Simmons to approve the payment request in the amount of $28 , 823 .33 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PAYMENT OF CLAIM #1 TO DALTON AND CO. FOR NEWPORT HARBOR SEWER LINE CONSTRUCTION WORK : This payment request is in the amount of $19 ,566 . 45 which represents 6. 6% of the total contract . The City is retaining 10% of the total contract. A motion was made by Mayor Pro Tem Hughes to approve the payment request in the amount of $19 ,566 .45 . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ACQUISITION OF CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF NEWPORT HARBOR SEWER LINE : This construction easement is for the installation of Newport Harbor sewer line with Sunbelt Savings and Loan and the cost of the easement is $10 .00 . A motion was made by Mayor Pro Tem Hughes to approve the easements at a cost of $10 .00 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ACQUISITION OF CONSTRUCTION EASEMENT FROM TEXAS COMMERCE BANK FOR NEWPORT HARBOR SEWER LINE: There are two easements from Texas Commerce Bank each can be purchased for $10 .00 a piece, a total of $20 .00 . A motion was made by Councilman Simmons to approve the easements from Texas Commerce Bank for $20 .00 . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. TENANT AGREEMENT NEGOTIATED FOR RIGHT-OF-WAY FOR THE NEWPORT HARBOR SEWER LINE INSTALLATION IN PRESIDENTIAL ESTATES - TERRI JONES AND WAYNE WOODARD: There are two easement - tenant agreements negotiated for right-of-way acquisitions for the installation of the Newport Harbor sewer line. These easements cost $250 .00 a piece for a total of $500 .00 . A motion was made by Councilman Simmons to approve the two agreements for right-of-way acquisitions for the installation of the Newport Harbor sewer line. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . Mayor Akin moved Citizen Participation up on the agenda since the meeting was rather long and Council still had a number of items to cover prior to Citizen Participation. CITIZEN PARTICIPATION: Mayor Akin invited those wishing to address the Council to come forward at this time and to state their name and address for the record. Jesse Vance - 502 S. Jackson St . - addressed the Council on the recall petition he submitted. ADOPTION OF A FORMAL RESOLUTION TO PROCEED WITH CONDEMNATION ACTION FOR EASEMENT ON NEWPORT HARBOR SEWER LINE: This easement would be coming from Mr . C. T. Beckham and as of this date staff has not be able to come to an agreement with Mr . Beckham. The final offer staff made for this easement was $6 ,580 . and Mr . Beckham refused this . If staff has to proceed with condemnation, it will hold up the project approximately three months . A motion as made by Mayor Pro Tem Hughes to deny Resolution for condemnation. Seconded by Councilman Martin . The vote was as follows : Mayor Akin - against, Mayor Pro Tem Hughes - against, Councilman Wible - against , Councilman Martin - against , Councilwoman Stemple - against and Councilman Simmons - against. This motion has a vote of six (6) against condemnation and none in favor of condemnation. CHANGE ORDER #1 , NEWPORT HARBOR SEWER LINE - RELOCATING LIFT STATION TO ACCOMMODATE PHASE II - NEWPORT HARBOR DEVELOPMENT: The relocation of the lift station will cost $12 , 190 and by relocating the lift station Phase II can be developed at a later date at which time all fees will be paid. If the City goes with this option a formal change order will have to be prepared and brought back to Council for final approval . A motion was made by Mayor Pro Tem Hughes to approve Change Order #1 relocating lift station. Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ADOPTION OF A RESOLUTION MANDATING PHASE II OF NEWPORT HARBOR DEVELOPMENT TO PAY PRO RATA SHARE OF INSTALLING NEWPORT HARBOR SEWER TRANSMISSION LINE UPON INITIAL DEVELOPMENT: This resolution will require the owner of this land to pay $150,000 , once the first building permit has been issued , to hook up to the new transmission line that cost the City $300 ,000 . Since Phase II Newport Harbor Development ' s , when its hooked up, flow usage will be 50% of capacity. It is not fair for Phase II to get a sewage system for $3 ,000 . A motion was made by Mayor Pro Tem Hughes to approve the Resolution mandating Phase Ii of Newport Harbor Development to pay Pro Rata Share of installing new sewer transmission line. Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONDEMNATION ACTION AGAINST WESTGATE CENTER PHASE I IN ORDER TO ACQUIRE A DRAINAGE CONSTRUCTION EASEMENT: This problem has existed since the Sanden Corporation plant was constructed . Westgate Center Development did not put in proper drainage and there is a lot of run off onto Sanden Corporation . Sanden is pressuring the City to eliminate this problem. Staff has contacted Mr . John Pennington of El Paso and he will not grant a drainage construction easement . This project has been engineered and will cost approximately $25 ,000 but nothing can be done until the City has this easement . A motion was made by Councilman Martin to approve the condemnation action against Westgate Center Phase I and to send a letter to the owner informing him of this. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple- in favor,and Councilman Simmons - in favor. This motion carried with all in favor . INTERNAL AUDIT OF LAKE RAY HUBBARD MOBILE HOME PARK AND UNPAID SEWER AND SANITATION SERVICES AND LACK OF COLLECTION EFFORT AND PAYMENT FOR TWO YEARS: Since the Mobile Home Park has been annexed into the City , the City has lost approximately $22 ,000 , over the last two years due to the lack of collection efforts and required payment . The audit on this account determined that the Park should be paying approximately $800 to $900 per month for sewer and sanitation services . Staff has been directed to sent a bill to the park for December 26, 1990 through January 23 , 1991 . Staff is asking for authority, if proper payment is not received for the services provided with taxpayers dollars , to discontinue sewer and trash services . A motion was made by Mayor Pro Tem Hughes to grant authority to discontinue sewer and trash services if payment is not made . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . INTERNAL AUDIT OF ALL LIFT STATION FEES PAID FROM 1985 TO 1990 : The total sum of $607 ,704 has been collected in Lift Station Fees since 1985 through August of 1990, and there were expenses in the amount of $607 ,704 . After looking over how the $607 ,704 was used , great flexibility was used on what the money could be used for and what it was actually used for . Some of this money was used for the purchase of a 3 ton Chevrolet truck and a 1/2 ton Chevrolet truck and for financial services. There was also a $25,000 loan from Lift Station Fund to the General Fund plus $78 ,000 worth of undefined miscellaneous items. INTERNAL AUDIT ON ALL IMPACT FEES FROM 1984 TO 1990 : The total sum of $1 ,219 , 101. 17 with a total of $1 ,196,440 . 82 expenditures leaving a balance of $22 ,660 .35 in the Impact Fee Fund. The money was used for lawsuite settlements, heavy equipment leases , etc . CRITIQUE OF CITY AUDIT AND RESPONSE TO THE CRITIQUE FROM CITY AUDITOR: Bill Dashner , City Manager stated that there was no audit trail on special accounts which would include impact fees , lift station fees , perimeter street fees and other special funds . Also the audit is lacking in the Street Assessment Program, there is no reference to what needs to be done to rectify any deficiencies and uncollected amounts. There was approximately $58 ,000 in water and sewer accounts that were written off and this is not reflected in the audit report . There were large claims in excess of $5,000 paid without Council ' s prior approval . As of January 24 , 1991 there has been no Management Letter submitted to staff. During the regular audit , the auditor did not mention the special audit done on the Fire Department . Bill Dashner, City Manager stated that there is a lack of internal control , checks and balances and oversight in the Finance Department. It is very difficult to acquire specific and current financial reports . Also, there is no reference to the unfunded liability the City has on vacation time accruement and compensatory time accruement . It was also noted the figures used in the closing of the landfill are the figures from the sale of bonds and not the new estimates. There is also incomplete and non-current accounting of all funds received in Municipal Court . Mr . John Mares stated that special fees are audited and the impact fees were specifically tested as part of our audit procedures each year . The work papers our firm does on each fund will give you more detail and will provide an audit trail for at least the last 2 years . On street assessments, these questions were answered in the management letter , I realize the Council and management has not had time to review this letter . Mr . Mares stated that the software for the Utility fund does not interlock with General Fund and there is no list of "bad accounts" . In the management letter last year it was suggested that the City' s computer system needed to be updated. This is a large expense in order to bring your system up to the appropriate soft ware. SOLICITING COMPETITIVE PROPOSALS FOR OUTSIDE INDEPENDENT AUDITING FIRM TO DO FY 91 COMPREHENSIVE CITY AUDIT: The City has used the current auditing firm of Adami , Lindsey & Company for the last two years . The City did not go out for proposals this year and the same firm was used . The current contract which is a limited audit , was for $15 ,200 per year . There is time for the Council to decide to seek proposals for the FY 90/91 Audit . A motion was made by Councilman Simmons to approve the soliciting competitive proposals for outside independent auditing firm to do FY 91 Audit. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . Mayor Akin recessed the open meeting and convened Council into Executive Session at 11 : 35 P.M. under the authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "g" Personnel Matters - hiring of a full time City Attorney and paragraph "f" with respect to the purchase, exchange, lease or value of real property ---Easement. Mayor Akin reconvened Council into open session at 12: 10 A.M. Council gave instructions to the City Manager to bring in three applicants for City Attorney and to try and reach a settlement regarding the easement . A motion was made at 12 : 20 A.M. to adjourn, with all in favor. John W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary CITY COUNCIL MEETING MINUTES FEBRUARY 26, 1991 The City of Wylie City Council met in regular session on Tuesday, February 26 , 1991 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 Don Hughes , Council Members Pat Stemple, Percy Simmons, William Martin, and Chuck Wible, City Manager Bill Dashner , City Secretary Carolyn Jones , City Engineer Paul Beaver . Mayor Akin called the meeting to order and the invocation was given by Rev. Dennis Pollock, of Christ Community Church, followed by the Pledge of Allegiance. PROCLAMATION FOR TEXAS PUBLIC SCHOOL WEEK - MARCH 4 - 8, 1991 : Mayor Akin read the following proclamation into the record and made presentation: WHEREAS, Texas has historically been dedicated to a strong system of education and for 40 years special emphasis has been placed upon education with the observance of Texas Public Schools Week; and WHEREAS, The 1990 ' s and beyond hold the responsibility for Texans to meet the opportunities and demands for the future; and, WHEREAS, A joint effort must be made by parents, schools and the community working together toward a common commitment for preparing our children to be tomorrow' s leaders; and WHEREAS, Parents and taxpayers are encouraged to visit the public schools the week of March 4- 8 , 1991 , to recognize the impact that out educational system has on our community; and NOW, THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, DO PROCLAIM THAT MARCH 4 - 8 , 1991 IS TEXAS PUBLIC SCHOOL WEEK IN THE CITY OF WYLIE, and that all citizens are urged to take an active interest in the school system and cooperate with school officials in preparing tomorrow' s leaders. APPOINTMENT OF ELECTION JUDGES FOR MAY 4 , 1991 COUNCIL ELECTION: The persons appointed as Election Judges will serve a two year term, May, 1991 City Election and through the May, 1992 City Election. The persons being presented to the Council are Helena Isbell for Precinct Nos . 27 , 56 & 83 and Barbara Balcom for Precinct No . 25 . A motion was made by Mayor Pro Tem Hughes to approve Helena Isbell and Barbara Balcom as Election Judges . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . INDEMNITY AGREEMENT WITH PATE AND PATE CONSTRUCTION CO . AS A PART OF THE GILBERT WELCH CLAIM RECONCILIATION: Pate and Pate Construction Co. has proposed that the City of Wylie withhold $6,000 of the amount of retainage that is currently being held. This amount is $35, 217 . 10 . This $6 ,000 will go toward the payment to Mr . Gilbert Welch in the amount of $16, 500 . Staff is seeking authorization to execute the agreement . A motion was made by Councilman Simmons to /D approve the Indemnity AGreement with Pate and Pate Construction Co. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . TORT CLAIM FOR PROPERTY DAMAGE AGAINST THE CITY AND AUTHORIZE PAYMENT AND AUTHORIZE SEEKING REIMBURSEMENT UNDER THE CITY ' S LIABILITY INSURANCE CARRIER: This tort claim has been filed by Mr . Gilbert Welch and is in the amount of $16 ,500 as a part of the settlement on alleged damage and losses during the construction of and installation of a sewer line. This claim by law had to be filed as a tort claim in order for payment to be made. Staff will seek reimbursement from the City ' s public liability insurance carrier . The following notation appears on the settlement for claim: "Since this settlement amount with the City is not adequate to cover the cost of sodding as required by the Easement Agreement , I plan to sprig or plug and then overseed . This amount will also be sufficient to cover the cost of fertilizing and watering as may be required in the case of dry weather" . A motion was made by Councilman Simmons to approve the tort claim in the amount of $16 ,000 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REVIEW OPINION FROM FIRST SOUTHWEST COMPANY ON 1990 BOND r`UNDS 1WTERt T 1`M2NItSGS AND 198E BONDS FOR POSSIBLE LOWERING OF WATER AND SEWER RATES AS DISCUSSED BY THE CITY COUNCIL: First Southwest Company has submitted the following information on the use of bond interest earnings: 1 . Interest earnings from the 1990 $3 .5 bond fund may be used to help lower water and sewer rates. 2 . That trust indenture setting up the 1988 bond issuance does not stipulate a sewer sur charge, therefore, the sur charge pass thru of $5 .00 could be reduced thereby lowering the water and sewer bills. 3 . To buy back a portion of the 1990 bonds would not be advisable under existing market conditions . PAYMENT OF CLAIM FOR PURCHASE OF THREE (3) NEW 1991 POLICE PATROL CARS: The City has accepted delivery of the three (3) 1991 Chevrolet Caprice patrol vehicles and these units have now been fully outfitted and placed in service. The amount of the bid award for these three vehicles is $44 ,997 . A motion was made by Mayor Pro Tem Hughes to approve payment in the amount of $44 , 997 to Ray Chevrolet . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. ADOPTION OF ORDINANCE ENABLING CITY EMPLOYEES ON AN AS NEEDED BASIS TO BUY BACK INTO THE TEXAS MUNICIPAL RETIREMENT SYSTEM: If this ordinance is adopted by the Council it will allow City Employees that leave Municipal Government and at a later date come back into Municipal Government an opportunity to contribute to the fund the amount they would have contributed with continuous service in order to qualify for retirement longevity benefits. A motion was made by Councilman Simmons to approve the Ordinance enabling City Employees on an as needed basis to buy back in to the Texas Municipal Retirement System. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro /I/ Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . FINANCIAL REPORT FOR PERIOD ENDING JANUARY 31 , 1991 , FOURTH MONTH FY91 : The first four months of this fiscal year the City 'has received overall revenue of $2 , 685,000 . During this same period of time the City has expended $1 ,557 ,690 with a positive balance of $1 , 127 ,000 . This expenditure figure does not include the debt service amount that was made on February 15, 1991 in the amount of $680,000 . The City is 33% through the budget year and not counting debt service payment which will reflect in the February report the City has expended 26% of total projected budget revenues. The City has received 45% of projected budgetary revenues . CONSIDER HIRING FULL TIME BUILDING SUPERINTENDENT IN PLACE OF JANITORIAL SERVICE: The City currently has a contract for janitorial service which expires on March 31 , 1991 . This contract is costing the City $23 ,000 per year . Staff is not satisfied with the frequency and quality of service provided for City Hall and the Library and the Public Works Complex . Staff believes there would be much better service to the City if there was a full time building superintendent on staff . A motion was made by Councilman Simmons to approve the hiring of a full time building superintendent and to terminate the existing janitorial contract . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - against, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with five (5) in favor , and one (1) against . ADOPTION OF A RESOLUTION TO CONTINUE THE NORTH EAST AREA DRUG INTERDICTION TASK FORCE PROGRAM: This resolution is for continued participation in the North East Area Drug Interdicition Task Force , which includes the cities of Rockwall , Greenville, Wylie, Rowlett, and Commerce and also Kauffman, Rockwall and Hunt Counties . The Task Force consists of one sergeant, four investigators (undercover) , and one secretary. During the last two quarters of operations, the Task Force has seized $108 ,058 in street value narcotics, $41 ,260 in currency , $300 in weapons , and $18 ,900 in asset forfeitures. A motion was made by Mayor Pro Tem Hughes to approve the Resolution to continue the North East Area Drug Interdiction Task Force Program. Seconded by Councilman Wible. The vote is as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor. FINAL PAYMENT CLAIM FROM SHIPLEY AND INHOFE ON LANDFILL CLOSURE ACTIVITIES: This final payment claim is in the amount of $2 ,501 .38. A motion was made by Councilman Martin to approve final payment claim in the amount of $2 ,501 .38 to Shipley & Inhofe. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PAYMENT OF CLAIM FOR CONSULTING ENGINEER ON NEWPORT HARBOR SEWER LINE ENGINEERING: There are three invoices in this payment claim which is in the amount of $16,955 . 19 and is payable to Shimek , Jacobs & Finklea . These invoices are for the months of September through December , 1990 . A motion was made by Mayor Pro Tem Hughes to approve the payment claim in the amount of $16,955 .19 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, /Q2 Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REPEALING PREVIOUSLY ADOPTED ORDINANCE ON DESIGNATION OF HISTORICAL LANDMARK LOCATION AS IT HAS TO DO WITH WYLIE HISTORICAL LANDMARK PRESERVATION PROGRAM: The City Council at its meeting of February 12 , 1991 adopted an ordinance, but since then have been in touch with the Texas Historical Commission and there are certain guidelines to follow for drafting Historical Preservation Ordinance and the City failed to take the following steps: 1 . In the selection of the designation of the 100 blocks of North and South Ballard Street the City of Wylie did not conduct a public hearing. 2 . In the selection of the district as noted about the property owners of record were not notified . 3. Since this is considered overlay zoning the Planning and Zoning Commission should be consulted. Mr . John Spillyards of 301 N. Jackson stated that the Historical Commission did not intend to change zoning, wanted to encourage everyone to fixed up their property, but wanted to stay away from the guidelines of the State standards. The Commission did not want to place any obligations on the property owners . The Commission just wanted to honor the property owners , not put an obligation on them. A motion was made by Councilman Simmons to repeal the Ordinance on Designation of Historical Landmark Location. Seconded by Councilwoman Stemple. THe vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - against , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with five in favor and one against . CITIZEN PARTICIPATION: Mayor Akin invited those wishing to address the Council to come forward at this time and to state their name and address for the record and to limit their time to five minutes. Mr . Jim Swartz of 506 W. Jefferson addressed the Council on the courtyard being dedicated to the veterans and nothing has been done about putting a plaque up for this. Requested Council to set up a committee to work on this . Bart Peddicord of 104 Douglas, spoke to Council on the Veterans Plaque and said the Veterans of Wylie worked on this for approximately 60 hours and collected approximately $7 .85 . Mayor Akin recessed the open meeting and convened Council into Executive Session under the Authority of Article 6252- 17 V.A.C.S . , Section 2 paragraph "g" personnel - discuss and consider Employment of a full time City Attorney. Mayor Akin reconvened Council into open Session at 8 : 25 P.M. HIRING OF CITY ATTORNEY: A motion was made by Councilman Martin to approve the hiring of Keith Stretcher of Midland as City Attorney . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. There being no other matters of business, a motion was made to adjourn at 8 :35 P.M. John W. Akin , Mayor ATTEST : Carolyn Jones , City Secretary CITY COUNCIL MEETING MINUTES MARCH 12, 1991 The City of Wylie City Council met in regular session on Tuesday, March 12 , 1991 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 Don Hughes, Council Members Percy Simmons, Pat Stemple, Chuck Wible, and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones , City Engineer Paul Beaver . Councilman Wright was not present. Mayor Akin called the meeting to order and Rev. Dan Small gave the invocation, followed with the Pledge of Allegiance. APPROVAL OF MINUTES OF JANUARY 8TH, 14TH & 22ND, 1991 COUNCIL MEETINGS : Councilman Wible corrected the minutes of January 8 , 1991 to reflect the $1 , 500 ,000 was allocated for Landfill Closure and the relocation of the Service Center and Animal Shelter . A motion was made by Councilman Martin to approve the minutes with the above correction. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PRESENTATION OF CERTIFICATION OF APPRECIATION : A Certification of Appreciation was presented to Mr . Robert Stemple for his time and hard work in landscaping the Veterans Courtyard . A Certification of Appreciation was presented to Officer Don McCarter for outstanding Achievement during a traffic stop. Mayor Akin made both of these presentations. PROCLAMATION REQUIRING DOWNTOWN BUSINESS DISTRICT, 1000 BLOCKS OF NORTH AND SOUTH BALLARD ST. TO BE ESTABLISHED AS A HISTORIC LANDMARK AREA: Mayor Akin read the following proclamation into the record: WHEREAS, Downtown Wylie (what is now designated as the 100 blocks of North and South Ballard Street) best represents the legacy of the commercial center of Wylie; and WHEREAS, City fathers Brown and Burns established their Grocery and Dry Goods store on the northwest corner of Ballard and Oak approximately concurrently with the November 8, 1887 Incorporation of the City of Wylie, and Downtown was born; and WHEREAS in the last decade of the 19th Century, a visitor to Downtown Wylie would have seen dirt streets, boardwalks, four saloons, a livery stable, a harness shop, a barber shop, a large hotel , an implement store, a dry goods store and a furniture store; and WHEREAS, by approximately 1910 a thriving Wylie had grown, and the first old wooden buildings had given way to much of what we see today; and NOW THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, TEXAS, DO PROCLAIM THE 100 BLOCKS OF NORTH AND SOUTH BALLARD STREET A WYLIE HISTORIC LANDMARK and hereafter to be referred to as HISTORIC DOWNTOWN WYLIE and should be designated with an appropriate marker . /5 PUBLIC HEARING ON THE URGENT NEED RESOLUTION AND ON THE URGENT NEED GRANT APPLICATION TO THE TEXAS DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR $400,000 IN ORDER TO CONDUCT AN INFLITRATION AND INFLOW ANALYSIS OF THE CITY ' S SANITARY SEWER SYSTEM TO ASCERTAIN PROBLEMS : This public hearing is the first of two public hearings for a need of a grant application to be presented to the Texas Department of Commerce. The City for sometime has been experiencing a great deal of infiltration and inflow of storm water and ground water into the City ' s underground sanitary sewer system and overloading the sewer treatment plant . Funds are available at this time to conduct this study which will include underground televising of lines and smoke tests for city lines and private lines. Authorization is requested for the City to submit an application for $400,000 which carries no local match. Mayor Akin opened the public hearing and requested those wishing to speak on this issue to come forward and state their name and address for the record. There being no speakers at this time, Mayor Akin closed the public hearing. CONSIDER ADOPTION OF AN URGENT NEED RESOLUTION AND AUTHORIZING AN URGENT NEED GRANT APPLICATION TO THE TEXAS DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR $400 ,000 IN ORDER_ TO CONDUCT AN INFILTRATION AND INFLOW ANALYSIS OF THE CITY S SANITARY SEWER SYSTEM: This is the first adoption of an Urgent Need Resolution and authorizing an Urgent Need Grant Application to the Texas Department of Commerce and the Department of Housing and Urban Development for $400 ,000 in order to conduct an infiltration and inflow analysis of the City' s Sanitary Sewer System. A motion was made by Mayor Pro Tem Hughes to approve the Urgent Need Resolution and authorize an Urgent Need Grant Application in the amount of $400 ,000 . Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor, This motion carried with all in favor . ADOPTION OF A RESOLUTION ENCOURAGING AND AUTHORIZING THE DEVELOPMENT CORPORATION OF WYLIE TO USE ALL AVAILABLE SALES TAX RECEIPTS FOR THE CONSTRUCTION OF AND COMPLETION OF STATE HIGHWAY 544 AND STATE HIGHWAY 78 : This resolution is encouraging and authorizing the use of sales tax money for acquisition of easements and other costs related to the extension and widening of the two highways . Mayor Akin read the following Resolution into the record: A RESOLUTION OF THE CITY OF WYLIE, WYLIE, TEXAS ENCOURAGING THE CITY OF WYLIE DEVELOPMENT CORPORATION TO USE ALL AVAILABLE SALES TAX RECEIPTS TO PROMOTE AND BRING ABOUT THE CONSTRUCTION OF TEXAS STATE HIGHWAY 544 AND TEXAS STATE HIGHWAY 78 . WHEREAS, the future economic growth of the City of Wylie is directly tied to the widening and extension of State Highway 544 and State Highway 78 and WHEREAS, the City of Wylie Development Corporation was established with the primary goal of supporting and funding economic development in Wylie and WHEREAS, the City of Wylie voted sales tax receipts to be used for economic development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF WYLIE TEXAS, THAT; SECTION 1 The City Council of the City of Wylie hereby recommends and encourages that the City of Wylie Development Corporation use all available sales tax receipts for the promotion and completion of State Highway 544 and State Highway 78 . SECTION 2 The City Council of the City of Wylie recommends that in accordance with the Texas Department of Transportation and Collin County Commissioners Court that sales tax receipts received by the Development Corporation could be used for acquisition of needed and necessary highway right-of-way that would speed up and enhance construction of the two major transportation links to Wylie. DULY RESOLVED by the City Council of the City of Wylie Texas on the 12th day of March, 1991 . A motion was made by Councilman Simmons to approve the above Resolution as read. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . AMENDING FY91 POLICE DEPARTMENT BUDGET TO UTILIZE DRUG/SEIZURE MONEY FOR IMPROVEMENTS AND ENHANCEMENTS TO CITY POLICE DEPARTMENT IN COMPLIANCE WITH FEDERAL LAW AS A SUPPLEMENTAL APPROPRIATION: In January, 1991 one of the City ' s police officers made a routine traffic stop which lead to the seizure of $55,000 worth of assets directly connected to illicit narcotics activities. Under federal law the City received 90% of this $55,000 . There are federal guidelines that stipulate how the money has to be used within one year and must be used for law enforcement. The following is a budget which has been presented to the City Manager for recommendation to the Council . This budget was prepared by the Chief Gilmore and the Police Department: ESTIMATED COST EQUIPMENT OR ITEM $2,000 .00 Convert police radios to their own frequency $3,000 .00 Change from present gray uniforms to the traditional police blue uniforms $ 145.00 Storage lockers for prisoner ' s personal possessions $4 ,000 .00 CCTV cameras and installation for jail area $ 350 . 00 Microwave to heat food for prisoners , present microwave is to small and worn out $ 300.00 Small refrigerator for police break room so personnel can bring lunches . Also evidence use on perishable items $ 700 .00 To replace uniform police badges with requested larger size. Present badges are too small and are showing wear $ 400 .00 Mug shot camera needed for prisoners $14,000 .00 Recorder for dispatch (used price, if one can be located) . $ 600 .00 Punch time clock for dispatch indicating day, time received , time arrived , and time cleared automatically $ 36.00 1,000 cards for use with time clock $ 200 .00 Portable light for VCR camera for use in crime scenes $ 800 .00 One additional police hand-held radio $ 300 .00 Shelving for police property room $7 ,900 .00 Hardware and software, computer , two printers , police records, etc . $5 ,000. 00 Purchase used vehicle for CID. Present 1983 Chevrolet has 94 ,000 miles $43 ,481.00 TOTAL ESTIMATED COSTS A motion was made by Councilman Simmons to approve the above amended budget for the Police Department . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PAYMENT CLAIM TO CONTRACTOR FOR PHASE I CAPITAL IMPROVEMENT STREET PROGRAM, CHIP AND SEAL AS BID: This payment claim is in the amount of $15,766.08 and is to Bolin Construction Co . for Phase I of the Chip and Seal program. This invoice is for Butler - Highway 78 to Ballard; Jackson - Butler to College; Calloway - Birmingham to Ballard; College - Birmingham to Ballard . A motion was made by Councilman Martin to approve the payment claim to Bolin in the amount of $15 ,766 .08 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . AN ORDINANCE AMENDING ORD . NO 90-18 AND LOWERING WATER AND SEWER RATES EFFECTIVE DATE TO BE ESTABLISHED BY THE CITY COUNCIL: Staff recommends lowering the water rates by $2 .31 and sewer pass through rates by $2 .69 . This would be a total savings of $5 .00 per month on a utility bill . This has come from a conversation with Mr . Frank Medanich of First Southwest . Mr . Medanich stated the City could do the following to reduce water rates. Of the 1990 $3 ,500 ,000 bond fund, place $1,000 ,000 in the Interest and Sinking Fund account to draw interest at an annual rate of 8% per year . this would generate $80 ,000 per year . The other option would be to use certain amounts of the principal which is $1 ,000 ,000 . $175,000 annually could be transferred into the Utility Fund out of the principal bond amount to offset the loss of revenue by lowering all water and sewer bills by $5.00 per month. A motion was made by Councilman Simmons to approve the ordinance which would lower water and sewer rates by $5 .00 per month per customer . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This ° motion carried with all in favor . LETTER TO BFI REQUESTING A DELAY OF SANITATION RATE INCREASE PER THE FIVE (5) YEAR CONTRACT AND THE CONSUMER PRICE INDEX AND DISCUSS WITH BFI WAYS TO REDUCE RESIDENTIAL AND COMMERCIAL RATES: Staff has made contact with BFI requesting information on the savings if the City went with one pickup per week instead of two per week and to delay the CPI increase. Staff is waiting on a reply to this. A motion was made by Mayor Pro Tem Hughes to table this item until BFI replies to the letter . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor to table. UPDATE AND PROGRESS REPORT TO TEXAS WATER COMMISSION ON ELIMINATION OF PUMP AND HAUL OPERATIONS: There has been a formal report sent to the Texas Department of Health advising them of the progress being made on the elimination of pump and haul with in the City of Wylie. This report also advised the TWC of the lift stations eliminated and of the interceptor tie-ins which eliminated three pump and haul locations. The Commission has also been advised that the City has a new mandatory sewer connection ordinance. The staff feels that with the completion of Muddy Creek Interceptor, Phase II Interceptor and Newport Harbor Interceptor the City will be off pump and haul and will submit a formal request to the Commission that will lift the Texas Water Commission enforcement order and close out this long ordeal . UPDATE AND PROGRESS REPORT ON LANDFILL TESTING AND MONITORING AND APPROVAL FROM TEXAS DEPARTMENT OF HEALTH ON MONITORING WELL EXTENSION: Mr . David Buchanan, stated that the attorneys wrote for an extension on installation of new wells and piezometers and of removing certain wells and piezometers . This extension was requested due to the rains and was granted by the Texas Department of Health. Today one of the wells was drilled and one piezometer was installed . COMPLIANCE WITH TEXAS WATER COMMISSION REQUIREMENTS TO INSTALL ONE (1) ADDITIONAL MONITORING WELL AT THE WYLIE SERVICE CENTER SITE: This additional monitoring well is being installed as a result of the completed Jones and Neuse Report on the land and amend existing contract . As a result of the Jones and Neuse study which was submitted to the Texas Water Commission, there is only one additional monitoring well being required at the service center . The estimated cost on the installation of this well is $6, 000 . Staff would recommend that the contract with Jones and Neuse be amended to include this work. If this is not done, the City will have to solicit proposals and hire another environmental consulting firm. Staff recommends this amendment to the contract since time is important . A motion was made by Councilman Simmons to approve the amendment to the contract and the additional well at the service center . Seconded by Councilman Wible. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . FINAL PAYMENT REQUEST TO PATE AND PATE ON MUDDY CREEK SEWER LINE AND ACCEPT PROJECT AS COMPLETE AND ACTIVATE ONE (1) YEAR MAINTENANCE BOND: This is the final payment on this project. Per an Indemnity Agreement between the City of Wylie and Pate & Pate, $6, 000 .00 will be withheld from the final payment to be used for the Gilbert Welch damage claim. The total amount paid for this contract which will include the final payment is $698, 342 . 18 . A one year maintenance bond has been posted . The contract has settled with all property owners and the seeding/sprigging of the SCS/Gilbert Welch property will be accomplished by alternate means . Staff recommends approval . A motion was made by • Councilwoman Stemple to pay the final payment request to Pate and Pate in the amount of $29 , 217 . 10 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . PAYMENT REQUEST NUMBER TWO TO E. L. DALTON ON NEWPORT HARBOR SEWER LINE PROJECT: This payment request is in the amount of $59, 833 . 89 for work accomplished on the Newport Harbor project . A total amount of $88 ,222 .60 of work has been accomplished to date on this contract which represents 30% completion for dollar amount . A motion was made by Councilman Martin to approve the payment request in the amount of $59 ,833 .89 to E. L. Dalton . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. PAYMENT OF CLAIM FROM SHIMEK, FINKLEA AND JACOBS, CONSULTING ENGINEERS ON PHASE II SEWER INTERCEPTOR PROJECT: This claim was originally submitted to the City in June, 1990 , during the time there was no City Manager and the claim was not paid. This claim has been checked out and it is legitimate. The amount of this claim is for $1 ,567 .77 for services rendered thru May of 1990 . Payment of this claim would bring the "not to exceed" contract to its maximum allowable of $33 ,735. Staff recommends payment of this claim. A motion was made by Mayor Pro Tem Hughes to approve the payment of claim from Shimek, Finklea and Jacobs in the amount of $1 ,567 .77 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . PAYMENT OF CLAIM TO SHIMEK, JACOBS & FINKLEA FOR ENGINEERING WORK ON NEWPORT HARBOR SEWER LINE PROJECT: This payment claim is in the amount of $2 , 373. 93 for engineering services through January, 1991 on the Newport Harbor Sewer Line Project . A motion was made by Mayor Pro Tem Hughes to approve the payment claim in the amount of $2 ,373 . 93 to Shimek, Jacobs & Finklea for engineering work on Newport Harbor Sewer Line Project . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . POSSIBLE REIMBURSEMENT TO FEMA FOR INSUFFICIENT REPORTING AND DOCUMENTATION ON EMERGENCY FUNDS DURING 1989 CITY FLOOD DAMAGE: The City has received a bill from FEMA in the amount of $13, 652 for reimbursement because the City did not follow proper guidelines in reporting the usage of these funds. Today FEMA has contacted the City and withdrawn this request for reimbursement and has given us time to find the invoices and put a report together for them. CONSIDER TWO (2) RESIDENTIAL WATER TAPS OUTSIDE THE CITY LIMITS : Mr . Odell Justus has requested two (2) water taps on his property which is outside the city limits. These taps would be located at 1504 and 1505 S. Ballard which is just outside the city limits. The estimated costs for the two taps would range upwards to $700 per tap for a total C249 estimated cost of $1 ,400 , and all costs are to be paid by the owner . There is a 14 " main available for a connection, pressure and capacity is not a problem. A motion was made by Councilman Simmons to approve the two (2) water taps for Mr . Justus at 1504 and 1505 S. Ballard. Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . FINAL REPORT AND COST OF ACQUISITION OF 18 SEWER LINE EASEMENTS ON NEWPORT HARBOR SEWER LINE: The total amount for acquisition for 17 easements on the Newport Harbor Sewer Line is $2 ,670 . If you include Sparky Beckham' s easement of $9 , 500 the total amount for 18 easements is $12 , 170 . Compare this with the 54 easements acquired on the Muddy Creek Interceptor and Phase II Sewer Line which was $202 ,448 . The average cost per easement on the Newport Harbor Sewer Line was $676 and the average cost per easement on the Muddy Creek Interceptor and Phase Ii Interceptor was $3 ,749. and increase of over 450% per easement . ACCEPTANCE OF SEWER LINE EASEMENT FROM C. T . BECKHAM: Staff is seeking authorization to pay Mr . Beckham $9 ,500 for the last remaining easement in the Newport Harbor Sewer Line project . A motion was made by Councilman Simmons to approve the acceptance of a sewer line easement from C. T. beckham in the amount of $9 ,500 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . City Manager Bill Dashner read the following letter into the records as it will be filed as a part of the easement in County: Dear Mr . Beckham: This letter is to clarify the purpose of Resolution 91-2-12- 91 passed on February 12 , 1991 by the Wylie City Council which requires the owners of proposed Newport Harbor Phase II to remit to the City $150 ,000 prior to any hookup to the transmission line during initial development . The primary purpose of the project is to eliminate a pump & haul situation from 88 Phase I lots and is mandated by the Texas Water Commission. The proposed 177 Phase II lots will provide 2/3 of the total design flow and was requested to be included in the design by the developer which required relocation of the lift station , plus incidentals. Since Phase II is unplatted , this project is unique in the application of the existing Pro-Rata Ordinance 90-5 which would have required donation of an easement as designated by the City Engineer and reimbrusement of funds on a pro-rata basis to the owner (City) who installed the sewerage improvements . In order to apply the intent of the Pro-Rata Ordinance 90-5 and consider pro-ration of flows being conveyed, the remittance of $150 ,000 was derived . Please be assured that the City will not apply both the Resolution amount of $150 ,000 and the Pro-Rata Ordinance 90- 5 either now, or in a future date. Sincerely yours, Bill Dashner City Manager PAYMENT OF INVOICE FROM HELMBERGER ASSOCIATES FOR SERVICE RENDERED FOR PREPARATION OF OFFICIAL ZONING MAP: This invoice is in the amount of $2 ,447 .60 and is a part of a bid awarded to Helmberger Associates on January 22 , 1991 in an amount not to exceed $10,134 .66 . A motion was made by Councilman Martin to approve the invoice in the amount of $2 ,477 .60 to Helmberger Associates. Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . AMENDING ATHLETIC FIELD POLICIES AND REGULATIONS FOR ACTIVITIES ON SUNDAY: Staff is recommending that the Council approve amending the Athletic Field Policies and Regulations to allow Sunday activities to begin at 12 :00 Noon and continue until 11: 00 P.M. A motion was made by Councilman Simmons to approve the amendment for the Athletic Field Polices and Regulations for Activities on Sunday to begin at 12: 00 Noon and continue until 11:00 P.M. . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REPLACEMENTS AND REAPPOINTMENTS TO MASTER PLAN/GOALS COMMITTEE : Mr . John Spillyards of 301 N. Jackson addressed the Council asking them to appoint new people and/or abandoned the rule of a quorum. Mrs . Cheryl Edwards of 613 Andersonville addressed the Council regarding the quorum laws for this committee. Council discussed that the Planning and Zoning Board Members should all be asked to serve on this committee if they so choose and that each Council member would appoint another five members in addition to those who have already been appointed. Council also discussed that each of the members who have not been to a meeting need to be contacted and see if the people want to serve. A motion was made by Councilman Simmons to table and that each member of the Council should find five more citizens wishing to serve on the committee . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. SELECT THREE CANDIDATES FOR APPOINTMENT TO THE COLLIN COUNTY PLANNING COMMITTEE: Council Members suggested Marvin Blakey, Bobby Skipwith and Chuck Trimble. A motion was made by Councilman Martin to select Marvin Blakey , Bobby Skipwith and Chuck Trimble as candidates for appointment to the Collin County Planning Committee . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Bobby Jennings of 501 Gaston Drive North addressed the Council concerning the recycling bin, there is no bin for plastic or papers . Mayor Akin recessed the open meeting and convened Council into Executive Session at 9 :05 P.M. under the Authority of Article 6252-17 V.A.C.S . , Section 23 paragraph "g" Personnel 0702 Matters; to review City Attorney applicants ' s professional qualifications and review City Manager Bill Dashner' s employee evaluation after six months employment. Mayor Akin reconvened the Council into open session at 10 :05 P.M. HIRING A FULL TIME CITY ATTORNEY: Council gave City Manager direction to set up two interviews for Tuesday night . SIX MONTHS EMPLOYEE EVALUATION OF CITY MANAGER: A motion was made by Mayor Pro Tem Hughes to increase the salary of the City Manager to $55 ,0000 . annually . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - against , Mayor Pro Tem Hughes - in favor , Councilman Wible - against , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with four in favor , and two against . There being no other matters of business , a motion was made by 10 :08 P.M. to adjourn, with all in favor . John W. Akin , Mayor ATTEST : Carolyn Jones, City Secretary CITY COUNCIL MEETING MINUTES MARCH 26, 1991 The City of Wylie City Council met in regular session on Tuesday , March 26 , 1991 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 Don Hughes, Council Members Percy Simmons, Chuck Wible, Pat Stemple, and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones, City Engineer Paul Beaver , and Park Director Bill Nelson. Mayor Akin called the meeting to order and Rev. Dan Small gave the invocation followed with the Pledge of Allegiance. SECOND PUBLIC HEARING ON URGENT NEED RESOLUTION AND AN URGENT NEED GRANT APPLICATION TO THE TEXAS DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF HOUSING URBAN DEVELOPMENT FOR $400,000 : This grant application would allow the city to conduct an Infiltration and Inflow Analysis of the City ' s Sanitary Sewer System to ascertain problems and make necessary and needed repairs . Mayor Akin opened the public hearing and invited those wishing to address the Council on this matter to come forward and state their name and address for the record . There being no speakers at this time Mayor Akin closed the public hearing . ADOPTION OF URGENT NEED RESOLUTION AND AUTHORIZING AN URGENT NEED GRANT APPLICATION TO THE TEXAS DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF HOUSING URBAN DEVELOPMENT FOR $400 ,000 : This grant application in the amount of $400,000 . would allow the City to conduct an Infiltration and Inflow Analysis of the City' s Sanitary Sewer System to ascertain problems and make necessary and needed repairs . A motion was made by Mayor Pro Tem Hughes to approve the Urgent Need Resolution and authorize an Urgent need Grant Application to the Texas Department of Commerce and the Department of Housing Urban Development for $400 ,000 . Seconded by Councilman Wible . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REAPPOINTMENT OF MR. HARRY TIBBALS OR APPOINTMENT OF A NEW DIRECTOR TO THE NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD : This appointment will be for a term of three years , from June 1 , 1991 to May 31 , 1993 . A motion was made by Councilman Martin to appoint Mr . Harry Tibbals to the North Texas Municipal Water District Board for a three year term. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CITY FINANCIAL REPORT FOR PERIOD ENDING FEBRUARY 28 , 1991 - 5TH MONTH OF FY91 : Through the first five 00 months, the City has collected in revenue $3 , 350 ,000 . The City has expended to date $2,568,000 for a five month positive balance of $782 ,000 . The City has now collected 56% of the projected budget of $5 ,955,000 . The City has in reserve funds and restricted fund accounts interest bearing funds in the amount of $3 ,671,000 . CITY INVESTED FUNDS AS OF FEBRUARY 28 , 1991 AND UNINVESTED BALANCES IN OPERATIONAL ACCOUNTS AS OF FEBRUARY 28, 1991 (PROVIDENT BANK) : There is a total of $2 , 272,743. 50 in invested funds and a total of $1 , 398 ,431 . 42 in uninvested funds . Which is a total of all funds in the amount of $3 ,671 ,174 .92 . CONSIDER TEXAS TAX CODE SECTION 33 .06 VERNON CIVIL STATUTES ALLOWING, UNDER CONTROL CONDITIONS, ELDERLY HOMESTEAD HOMEOWNERS TO DEFER AD VALOREM TAX ASSESSMENTS: City Government may defer Ad Valorem Tax payments for elderly homestead homeowners living alone upon filing of an affidavit with the appraisal district to postpone payment of property taxes . An elderly person by statute is 65 or older . This could be done as long as the elderly property owners own and live in the residence. This type of tax deferral only postpones payment, it does not cancel them. Property taxes and 8% interest continue to accrue against the homestead property during the deferral period. The taxing unit (City) is permitted to collect the tax and all penalties and interest accrued and due on the property when the elderly taxpayers ceases to own or reside in the property. Staff needs direction to prepare and ordinance for this law. A motion was made by Councilman Martin to authorize the staff to prepare an Ordinance for elderly Homestead homeowners to defer Ad Valorem Tax Assessments. Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REPORT ON STREET RECONSTRUCTION, STREET IMPROVEMENTS, ALLEY AND DRAINAGE IMPROVEMENTS SINCE JULY, 1990 : There has been thirty-five (35) City Streets that have been reconstructed and overlaid or chip and seal since July, 1990 . This road work cost $1 ,606,000 and represents approximately 12 miles. All of these streets have been done without any assessment on the public . County Bond funds , perimeter Street money, Street Reconstruction fund and City Budget through the Maintenance and Operation account has funded all the work. It was suggested to have some type of recognition to the Street Department for their work and to the citizens for their inconvenience and also to invite Jerry Hoagland. It was then suggested to have a Barbecue, and to place this on the next council agenda . Gary Estes of 518 Miss Ellie Circle stated that the street improvements is very much appreciated, but voiced concern on the fact that McCreary Road was not completed all the way through and at the cost of the road repairs . LETTER FROM DALLAS AREA RAPID TRANSIT AUTHORITY ON RAILROAD CROSSING AT MCCREARY ROAD: The letter received from Dallas Area Rapid Transit is notifying the City that they will require the City to continue signalization under the original obligation with Southern Pacific Railroad . AWARDING COMPETITIVE BID PROPOSALS FOR CONCESSION RIGHTS, FULL FRANCHISE AT COMMUNITY PARK : There were four bids received , which are as follows : Allan Weiss, Dallas, Texas Nick Bert, Dallas , Texas Mark Jenneman, Wylie, Texas Dale Storey , Wylie, Texas After close analysis and review it is hereby recommended that Alan Weiss of Dallas, Texas be awarded the bid for the following reasons: 075 1 . City will receive 21% of gross sales 2 . Far superior menu and concession items 3. Prices for items 4. Experience in working with the Public Sector with City and State of Texas 5 . References A motion was made by Mayor Pro Tem Hughes to award the bid for concession rights, full franchise at Community Park to Alan Weiss, Dallas, Texas. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . AN ORDINANCE ADOPTING BY REFERENCE NORTH TEXAS COUNCIL OF GOVERNMENT STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION TO AUGMENT CITY OF WYLIE PUBLIC WORKS SPECIFICATION ORDINANCE: The City currently has an ordinance outlining sub-division standards on all Public Works construction . These standards are inadequate and insufficient to enforce acceptable construction standards. A motion was made by Councilman Simmons to approve the Ordinance adopting the North Texas Council of Government Standard Specifications for Public Works Construction. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . PAYMENT OF CLAIM TO CONTRACTOR FOR PHASE I CAPITAL IMPROVEMENT STREET PROGRAM, CHIP AND SEAL AS BID: This claim is in the amount of $10 ,416 .65 and is for Jackson St. between College to Citizen, Citizen to W. Kirby and W. Kirby to Birmingham. A motion was made by Mayor Pro Tem Hughes to approve the payment claim in the amount of $10,416 . 65 , to Bolin Construction . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER CONSTRUCTION OF A NEW ROAD INTO WYLIE COMMUNITY PARK: At the present time there is only one entrance into the Park and has created serious problems getting in and out of the Park. The only entrance is Thomas Street . The School District has granted a 24 ' road easement across the property that will get the City an exit onto Hilltop. The City crews can construct this road , sub-base, drainage , etc and then can contract out the overlay through the existing annual bid contract . This road will be approximately 24 ' wide, with an estimated cost of materials and asphalt being approximately $13 ,000 . A motion was made by Councilman Simmons to approve the construction of a new road into Wylie Community Park provided the School Board is in agreement. Seconded by Councilwoman Stemple . The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor and Councilman Simmons - in favor . This motion carried with all in favor . FUNDING SOURCE IN ORDER TO RECONSTRUCTION KREYMER LAND FROM STATE HIGHWAY 78 TO BROWN ST. : According to the City' s five year Capital Street Improvement Program it will cost approximately $51 ,000 to totally reconstruct Kreymer Lane. Centennial Homes put $61 ,000 into the Perimeter Street Fund to do Woodlake Village Development . This development is on hold and will not be done in the near future. Staff has suggested to transfer this money and do Kreymer Lane since it' s the same development company and the two development areas connect . In order to make this completely feasible the City should debit the Centennial Homes Woodlake Village Account for $61 ,000 and when the development comes about the City will be responsible for $61 ,000 . There is a pressing need to do something with Kreymer Lane . Centennial wants the City to pay them back the money within 18 months, not return the funds to the Perimeter Street Fund . The City should pay the money back to the fund whether Woodlake Village is developed or not . Mr . Ben Bengle and Mr . Pat Miner, both live in this area, voiced concern about the road condition and how is it tearing up their vehicles. A motion was made by Councilman Martin to table until a later date . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. LANDFILL MONITORING WELLS WORK ORDER 030289012 , ADDENDUM NO. 1 , PHASE II , TO CONTRACT WITH JONES AND NEUSE, INC. : The need for this addendum is the State Health Department did not specify well completion standards in their letter of october 17 , 1990 on which Jones & Neuse based their cost estimate. The specifications will require materials in some cases more stringent than those used in standard monitoring well and piezometer construction . The cost of these new wells and piezometers has increased by $3 ,900 .00. There is also an additional $800 .00 due to an extra meeting to spot well locations, drilling of an extra well when trash was not found at the State location and extra depth required beyond 40 feet in deep well location. A motion was made by Mayor Pro Tem Hughes to approve the Addendum No . 1 with contract with Jones and Neuse, Inc. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . INVOICE FROM JONES & NEUSE, INC. FOR LANDFILL CONTRACT: The invoice from Jones & Neuse, Inc. is in the amount of $3,000 .50 for the Task 1 , Task 2 , Phase II H and Task 3 landfill contract . With this payment the original landfill report has been completed and the new State mandated investigation is 39% complete through January 31, 1991 . The City Engineer has reviewed this claim and staff recommends payment. A motion was made by Mayor Pro Tem Hughes to approve payment in the amount of $3 ,000 .50 to Jones & Neuse, Inc. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. FIRST DRAFT OF A CONTRACT BETWEEN THE CITY OF WYLIE/ CITY OF MURPHY/NORTH TEXAS MUNICIPAL WATER DISTRICT TO TREAT CITY OF MURPHY WASTEWATER : This is a preliminary contract that will allow the City of Wylie to handle all of the City of Murphy' s wastewater . This is a not to exceed 250 ,000 gallons per day contract . The City of Murphy would tie onto the City of Wylie' s transmission line. The City of Wylie would charge Murphy over and above treatment cost where the City would see a reasonable and equitable profit margin. The tie in point would be on the new sewer line at Hensley Lane and this lift station would have to be increased . r4 PAYMENT OF CLAIM FOR CHANGE ORDER #2 TO CONTRACTOR ON PHASE II INTERCEPTOR SEWER LINE: The contractor submitted Change Order #2 in the amount of $3 ,988 . 42 , which occurred in March of 1990 when the interceptor had to be lowered. The plans and specifications stipulated a certain depth and the line had to be lowered to avoid conflict with underground utilities along Alanis Dr . This work happened a year ago and staff recommends this claim be denied as this claim can not be justified. A motion was made by Councilman Martin to deny payment of this claim. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Martin - in favor . This motion carried with all in favor to deny payment. DISCUSS REPLACEMENTS, REAPPOINTMENTS AND NEW APPOINTMENTS TO MASTER PLAN/GOALS COMMITTEE : Councilman Wible recommended the following : Ruth Wright , Dean Tanner, Margie Gary, John Mondy, Allen McLaurin and Ann Parker. Mayor Akin recommended the following : Danny Allen, Bob Moorman, Scott Vann , Bob Welch and Robin Messer . Councilwoman Stemple recommended Jerry Alt and Sandy Galvich. Councilman Simmons recommended the following : Leon Boughton, Lonnie Vaughn, June Baugh, Art Harris, and Marvin Blakey. CITIZEN PARTICIPATION: Mayor Akin invited those 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 within five minutes. Scott Van of 171 Christopher Crossing thanked the Council for the street work done on Mccreary Road . There being no other matters for discussison , a motion was made with all in favor, to adjourn at 8 :20 P .M. John W. Akin, Mayor ATTEST : Carolyn Jones, City Secretary CITY COUNCIL SPECIAL MEETING - MINUTES APRIL 4, 1991 THe City of Wylie City Council met in a special called meeting on Thursday , April 4 , 1991 at 7 : 00 P.M. in the Council Conference Room 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 Don Hughes , Council Members Percy Simmons, William Martin, Chuck Wible, Pat Stemple and Steve Wright , City Manager Bill Dashner , City Secretary Carolyn Jones, and Finance Director Curtis Warner . Mayor Akin called the meeting to order . INTERVIEWS WITH INDEPENDENT AUDITORS: The City Council interviewed the following firms: Deloitte & Touche - Dallas KMPG Peat Marwick - Dallas Ernst & Young - Dallas Council stressed to these firms that an in-depth audit of all fund accounts be done. Instructions were given to each of the firms to bring back to the Council a proposal on what it would be for a two week review of the City accounts and an analysis on the problems that needed to be looked into further , and to have the proposals back to the City Manager in time for the April 23rd Agenda . There being no other matters of discussion , a motion was made to adjourn at 9: 50 P.M. John W. Akin , Mayor ATTEST : Carolyn Jones , City Secretary DIRECTORS OF DEVELOPMENT CORPORATION OF WYLIE, INC. MINUTES FEBRUARY 12 , 1991 The Directors of the Development Corporation of Wylie, Inc. met in regular session at 4 : 00 P.M. on Tuesday, February 12 , 1991 in the Conference Room at 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 Jim Smith , President ; Bart Peddicord , Secretary-Treasurer ; and members Raymond Cooper and John Yeager . James Blakey, Vice President arrived late . Also present were City Manager , Bill Dashner and Mayor John Akin . Jim Smith called the meeting to order . APPROVAL OF MINUTES OF JANUARY 8 , 1991 : A motion was made and seconded that the minutes of the January 8 , 1991 meeting be accepted as is . The motion carried with all in favor . APPROVAL OF TREASURER REPORT: Bart Peddicord, Secretary- Treasurer ; gave a report on the expenditures and revenues of the Development Corporation of Wylie, Inc. He reported the current balance to be $65 , 863 . 43 . A current treasurer ' s report will be given at each meeting . A motion was made by Raymond Cooper to accept the report as read and it was seconded by John Yeager . The motion carried with all in favor . DISCUSS AND CONSIDER PURCHASE OF A FILE CABINET: Discussion was made about the purchase of a used two ITT—drawer legal size fire proof file cabinet from Bart Peddicord' s son for $175 .00 . Bart Peddicord abstained from discussion on this item. Raymond Cooper stated this was a very good deal and made a motion that we purchase it . John Yeager made a second . Jim Smith - in favor , Raymond Cooper - in favor , John Yeager - in favor . Bart Peddicord abstained from voting on this item. Motion carried . AUTHORIZE PAYMENT TO THE CITY OF WYLIE FOR EXPENSES INCURRED IN ORGANIZING THE DEVELOPMENT CORPORATION OF WYLIE , INC: A motion was made by Raymond Cooper to reimburse the City for expense in the amount of $604 . 12 as per their invoice. The motion was seconded by John Yeager . The motion carried with all in favor . DISCUSSION OF LETTER FROM ANITA COLLIN REGARDING RECEIPT OF DEVELOPMENT CORPORATION FUNDS FROM CITY OF WYLIE: Discussion was made as to how funds are received from the City and what kind of documentation they will receive. D DISCUSSION WAS MADE ON COMMERCIAL INDUSTRIAL ZONING AND LAND USE: Bart Peddicord brought the board up to date on the types of zoning the City now has . There has been a sub- committee appointed by the Planning and Zoning Commission to look in to the zoning we presently have and to make recommendations for changes . City Manager , Bill Dashner , reported that the City is in the process of recodifying and preparing a Land Use Map for planning and zoning use. It will be an official Land Use map and will be located in the Council Chambers . RECESS REGULAR MEETING: A motion was made to recess the regular meeting by Raymond Cooper and seconded by Bart Peddicord . The motion carried with all in favor . WORKSHOP DISCUSSION OF GOALS AND OBJECTIVE: Discussion was made about the objective of the Wylie Development Corporation and what parameters it must work within . Discuss the objectives of why the Wylie Chamber of Commerce was formed . There will be a Texas Highway Department reception at Sanden Corporation on the 28th of February. Discuss and Consider having badges for the Development Corp. board members . Discussion of whether we should or do we even want to get involved in the issuance of bonds . Discussed building a building that could eventually be leased , lease/purchase or sold to a new business . Philosophy of this board . Reconvene Open Meeting . There being no other matters of business for discussion , a motion was made to adjourn with all in favor . Minutes of the February 12 , 1991 regular meeting approved by the Board of Directors at its meeting on March 12 , 1991 . Barton Peddicord, Secretary-Treasurer • PLANNING AND ZONING MEETING MINUTES FEBRUARY 18 , 1991 The City of Wylie Planning and Zoning Commission met in regular session at 7 : 30 p .m. on Monday, February 18 , 1991 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 Chairman Bart Peddicord , Vice Chairperson Cecilia Wood, Bobby Jennings , Cleo Adams , Robert Flint and George Fournier . Staff members present were Director of Community Development and Planning Ed Richie and Secretary Sandy Stevens . CONSIDER APPROVAL OF MINUTES FROM NOVEMBER 5 , 1990 AND JANUARY 21 , 1991 MEETINGS . Robert Flint said that on page 3 , the first paragraph, the third sentence the name Robert Eckman should be corrected to Richard Eckman . George Fournier made a motion to approve the minutes with the one correction . Cleo Adams seconded the motion . Motion carried with all in favor . DISCUSSION OF LANDSCAPE ORDINANCE. Bobby Jennings commented that the term "downtown area" needs to be defined. Robert Flint agreed that also the word "existing" in context with "downtown area" needs to be defined. Mr . Richie explained that a new district will be set up and then it will be defined. He added that if an area is defined now, it would have to be amended later . George Fournier questioned who would be responsible for defining the downtown district . Mr . Richie informed him the Planning and Zoning Board would and then submit it to the City Council for approval . Vice Chairperson Cecilia Wood asked if Planned Developments would be excluded . Mr . Richie replied yes , due to the fact that Planned Developments are set aside from ordinance restrictions , meeting whatever specifications are deemed necessary for that development . Vice Chairperson Wood asked if schools and municipal buildings would be included in the ordinance and if a building has a courtyard, would it be considered half of the required landscaping . Mr . Richie replied that if the schools and buildings were in a non-residential zone they would be included and the courtyard landscaping would count as part of the other half , not the front half of the required amount . Vice Chairperson Wood said she feels a tree should he an optional item. Vice Chairperson asked who would enforce the ordinance. Mr . Richie answered that his department would and the ordinance gives him a basis to fall back on when pursuing complaints . Chairman Peddicord asked who sets the fines and penalties . Mr . Richie said that the judge would set them. Mr . Jennings suggested certain properties , such as grocery stores with parking lots , submit a plan for approval . Mr . Flint expressed concern over the visibility requirements and visibility triangles . He said he didn' t like using the word "Prohibited" over the list of trees . He suggested using "Not Recommended" instead. Mr . Fournier replied that there has to be certain trees or plants that are not allowed because the object of the ordinance is to beautify the city and some plants do not beautify . Mr . Flint commented that the Bradford Pear is not on the recommended list and it is a popular tree . Mr . Jennings suggested the first sentence of item 3 on the ordinance be changed to read "All required landscape areas shall consist of a combination of trees , grass , shrubs , ground cover and other live plant material such as those contained in the recommended plant list" . Chairman Peddicord said he would take a copy of the ordinance to the Chamber of Commerce for their ideas after the secretary made the necessary adjustments . CONSIDER RECOMMENDATION TO CITY COUNCIL OF LANDSCAPE ORDINANCE. Chairman Peddicord explained that this item could not be acted on because there would have to be a Public Hearing first . CONSIDER ANNEXATION AND DE-ANNEXATION PROCEEDINGS. Mr . Richie asked if during an annexation or de-annexation hearing the board would want to hear only the applicant ' s request or if they preferred he also present some alternative recommendations , showing the breakdown of taxes , costs to service the applicant , benefits and revenues derived . The board agreed to have Mr . Richie present the additional information at the time of the applicant ' s request . ADJOURN. Mr . Fournier made a motion to adjourn . Mr. Adams seconded the motion. Motion carried with all in favor. Zil ' B. rt Peddicord, Lerman C.../ 3 TO: MAYOR AND CITY COUNCIL FROM: CAROLYN JONES, CITY SECRETARY DATE: APRIL 18 , 1991 SUBJECT: CALLED CITY COUNCIL MEETING TO CANVASS ELECTION The State Law, Section 9 .42 requires that the canvass of an election be done not earlier than the second day or later than the sixth day after election day. There is a need for a called Council Meeting on Monday, May 6, 1991 . This meeting will have to be held in the Council Conference Room as there is a Planning and Zoning meeting in the Council Chambers . The Council could choose to have the meeting at 6: 00 P.M. on Monday, May 6 , 1991 and hold the meeting in the Council Chambers . There will be two items on this agenda , one to canvass the election and one to call a Run- off election if necessary. P ‘// 5:1 \C? g) 311 111 II MEMORANDUM DATE: April 16 , 1991 TO: City Council si I/0 1-b FROM: Bill Dashner , City Manage RE: Discuss and Consider Mid-Year FY91 Financial Report The City has completed 50% (6 months) of the current financial year . Revenues for this six (6) month time frame from the major four (4) accounts totals $3 , 676 , 245 , expenditures are $3 ,132 ,620 . Through the first six (6) months the City has $543,625 as a positive balance . The total projected budget for this fiscal year was $5, 955 ,000. The percentage amount received to date is 62% . The percentage amount expended to date is 53% . To show you how active the City has been through the last 30 days I am going to list major expenditures . General Fund Vehicle Insurance $ 22 ,666 .00 General Fund Police Patrol Cars $ 44 ,997 .00 General Fund Bolin Construction $ 29 ,746 .61 (Street Contractor) Utility Fund Bulk Water Purchase $ 44 , 641 .46 (2 months) Utility Fund Residential Meters $ 6 , 169 .40 Commercial Meters $ 5 ,378 .00 Utility Fund NTMWD Contract $ 40,750 .00 Revenue Bond 1988 Street Reconstruction $ 33 ,913. 43 Utility Construction $100 ,725 .09 Sewer Line $532,991 .99 Attached are all departmental reports showing expenditures. Also, attached is the investment report showing the City now has a total of $3,470,700 in invested accounts or operational accounts. V BUDGET SUMMARY 1990-91 FISCAL YEAR PRINCIPAL OPERATING FUNDS: BUDGET ELAPSED TIME: 50 . 00% PERIOD ENDING MARCH 31 , 1991 - 6TH MONTH BUDGET REVENUES EXPENDITURES FUND AMOUNT % RECEIVED AMOUNT BUDGET RECEIVED OF BUDGET EXPENDED EXPENDED GENERAL 3, 460 , 000 2 , 492, 580 72 . 04% 2, 015, 230 58. 24% 101-450 UTILITY*** 2, 090,000 987 , 370 47 . 24% 967 , 905 46 . 31% 501-521 SANITATION/OP 360 , 000 177 , 435 49 . 29% 129, 025 35. 84% 651 IMPACT/LIFT 45, 000 18 , 860 41 . 91% 20, 460 45. 47% 901 ., TOTAL OPERATING BUDGETS 5, 955, 000 3, 676, 245 61 . 73% 3 , 132 , 620 52. 60% *IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE TO NEW ORDINANCE. ACCOUNT FUNDS USED FROM PREVIOUS YEAR TO ACCOUNT FOR DEFICIT FUNDING. ALSO CAUSED BY IMPLEMENTATION OF NEW IMPACT ORDINANCE. ***$180,000 will be transferred into this account on May 1 , 1991 to offset water/ sewer rate reduction • �36 DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 50 . 00% - 6TH MONTH PERIOD ENDING MARCH 31 , 1991 FUND 10 GENERAL EXPENDITURE % EXPENDED BUDGET TO DATE 101 COUNCIL 91 , 250 43, 595 47 . 78% 102 CITY MANAGER 153 , 500 46, 660 30 . 40% 103 CITY SECRETARY 92, 000 47 , 535 51 . 67% 105 CODE ENFORCEMENT 99, 000 51 ,065 51 . 58% 107 ENGINEERING 79, 500 39, 205 49. 31% 110 FINANCIAL SERVICES 245, 500 140, 100 57 . 07% 120 MUNICIPAL COURT 50 , 750 21 , 185 41 . 74% 130 DEBT SERVICE 692, 500 544 , 200 78. 58% 140 BLDG. SERV. /M. COMPLEX 182, 350 94 , 575 51 . 86% 141 BLDG. SERV. /LIBRARY 19 , 100 10 , 865 56. 88% w 142 BLDG. SERV. /FIRE 20 , 250 8, 750 43 . 21% 143 BLDG. SERV. /P. WORKS 26 , 500 13 , 715 51 . 75% 144 BLDG. SERV. /PARKS 13 , 000 4 , 530 34. 85% 201 POLICE ADMINISTRATION 80 , 000 39, 210 49 . 01% 202 POLICE PATROL 521 , 250 271 , 190 52.03% 203 POLICE INV. 58, 750 22 , 855 38. 90% 204 POLICE REC. /COMMO. 110, 250 53, 345 48. 39% 205 METRO WARRANT OFFICER 40 , 250 18 , 565 46. 12% 220 FIRE DEPT. 100, 250 42, 035 41 . 93% 230 E.M. S. 116, 250 69, 495 59. 78% 301 LIBRARY 62, 000 36, 360 58 . 65% 310 PARKS 93, 000 36, 760 39. 53% V 420 STREETS/DRAINAGE 433, 300 317 , 755 73 . 33% 440 GARAGE 41 , 500 17 , 215 41 . 48% 450 ANIMAL CONTROL 38 , 000 24 , 465 64 . 38% TOTALS 3, 460 , 000 2 , 015, 230 58. 24% FIGURES ROUNDED TO NEAREST HIGHEST OR LOWEST NUMBER ON ALL SUMMARIES DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 50 . 00% 6TH MONTH PERIOD ENDING MARCH 31 , 1991 FUND 20 UTILITY EXPENDITURE % EXPENDED BUDGET TO DATE 501 UTILITY ADMIN. 340 , 250 59, 755 17 . 56% 502 WATER 509 , 000 268, 660 52. 78% 503 WASTEWATER 394 , 000 199, 595 50. 66% 510 UTILITY BILLING 199 , 500 104, 575 52. 42% 515 DEBT SERVICE 605 , 750 329, 200 54 . 35% 520 BLDG. SERV. /M. COMPLEX 15, 500 480 3. 10% 521 BLDG. SERV. /P. WORKS 26, 000 5 , 640 21 . 69% TOTALS 2 , 090 , 000 967 , 905 46. 31% 39 DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 50 . 00% - 6TH MONTH PERIOD ENDING MARCH 31 , 1991 FUND 65 SANITATION/OP. EXPENDITURE % EXPENDED BUDGET TO DATE 651 SANITATION 360 ,000 129, 025 35. 84% 149 DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 50 . 00% - 6TH MONTH PERIOD ENDING MARCH 31 , 1991 FUND 90 IMPACT/LIFT BUDGET EXPENDITURE % EXPENDED TO DATE *901 IMPACT/LIFT 45 , 000 20, 460 45 . 47% CAPITAL PROJECTS FUNDS FUND TOTAL AMOUNT % RECEIVED AMOUNT APPROPRIATION RECEIVED OF BUDGET EXPENDED EXPENDED 74 STREET 115, 000 111 , 485 96. 94% 112 , 740 98 . 03% RECONSTRUCTION 91 UTILITY CONST 650 , 000 577 , 115 88. 79% 379, 650 58. 41% ENGINEER 92 SERVICE 300, 000 309, 250 103 . 08% 5, 490 1 . 83% CENTER ANIMAL SHELTER TOTAL CAPITAL 1 , 065, 000 997 , 850 93. 69% 497 , 880 46 . 75% PROJECT BUDGET f°44.?, DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 50 . 00% 6TH MONTH PERIOD ENDING MARCH 31 , 1991 FUND 74 STREET RECONSTRUCTION BUDGET EXPENDITURE % EXPENDED TO DATE 741 STREET RECONSTRUCTION 115 , 000 112, 740 98. 03% DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 50 . 00% - 6TH MONTH PERIOD ENDING MARCH 31 , 1991 FUND 91 UTILITY CONSTRUCTION BUDGET EXPENDITURE % EXPENDED & ENGINEERING TO DATE 911 UTILITY CONSTRUCTION 650 , 000 379, 650 58 . 41% & ENGINEERING .744'V DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 50 . 00% - 6TH MONTH THRU MARCH 31 , 1991 FUND 92 SERVICE CENTER/ BUDGET EXPENDITURE % EXPENDED ANIMAL SHELTER TO DATE 921 SER CTR/ANIM SHELTER 300 , 000 5, 490 1 . 83% CITY INVESTMENTS MARCH 31 , 1991 INVESTMENTS ANNUAL AMOUNT MATURED : MATURITY PER FUND INTEREST DEPOSITED AMOUNT DATE RATE GENERAL FUND . • • • • CD# 016814 6. 25% $98, 000 . 00 : : 4/05/91 PROVIDENT BANK : • CD# 016835 6. 20% $95, 000 . 00 : : 4/18/91 PROVIDENT BANK : • CD# 016836 6. 20% $95, 000 . 00 : : 4/18/91 " PROVIDENT BANK : CD# 016837 6 . 20% $50 , 000 . 00 : : 4/18/91 PROVIDENT BANK : GENERAL TOTAL : $338,000 . 00 : • • UTILITY FUND • • • CD# 016838 . • PROVIDENT BANK : 6 . 20% $50 ,000 . 00 : : 4/18/91 UTILITY TOTAL : $50 , 000 . 00 : • UNRESTRICTED • FUND TOTAL $388, 000 . 00 : • 16 INVESTMENTS ANNUAL AMOUNT MATURITY : MATURITY PER FUND INTEREST DEPOSITED AMOUNT DATE RATE PERIMETER •• STREET •• CD# 016833 6. 20% $95,000 . 00 : : 4/18/91 PROVIDENT BANK : CD# 016834 6 . 20% $95, 000 . 00 : : 4/18/91 PROVIDENT BANK : • CDII 016815 6 . 25% $82 , 161 . 85 : : 4/05/91 PROVIDENT BANK : • TOTAL PERIMETER STREET $272, 161 . 85 : • • • • UTILITY DEPOSIT: • RESERVE •• CD# 016808 6. 40% $87 , 996. 21 : : 4/26/91 PROVIDENT BANK : • • - CD# 016809 6 . 40% $98 , 000 . 00 : : 4/26/91 PROVIDENT BANK : • TOTAL UTILITY DEPOSIT RESERVE: $185 , 996 . 21 :• • • • UTILITY • BOND RESERVE • • CD# 016689 7 . 25% $95, 556. 45 : : 05/28/91 PROVIDENT BANK : • TOTAL UTILITY BOND RESERVE $95 , 556 . 45 : • • • • • POLICE DRUG/ • CRIME FUND • CD# 016831 6. 20% $45,000 . 00 : : 4/18/91 PROVIDENT BANK : • ' TOTAL POLICE DRUG/CRIME $45 , 000 . 00 : • • l;f7 ANNUAL AMOUNT MATURITY : MATURITY GENERAL FUND INTEREST DEPOSITED AMOUNT DATE RATE . GENERAL OBLIG. : • INT. & SINKING : • CD# 016832 6 . 20% $60 , 000 . 00 : 4/18/91 PROVIDENT BANK : • TOTAL GEN OBLIG INT & SINKING: $60 , 000 . 00 : • TOTAL RESTRICTED FUNDS $658 , 714 . 51 : • • • • 1990 BOND FUNDS: • 3. 5MM • • • • • • FEDERAL FARM 6 . 20% : $1 , 761 , 464 . 67 : 1 , 770, 000 . 00 : 4/5/91 CREDIT BANK . TOTAL BOND FUNDS INVESTED : $1 , 761 , 464 . 67 : $1 , 770 , 000 . 00 : The following is a list of the uninvested balance in each fund as of March 29 , 1991 . General Fund $ 225 , 900 . 05 Utility Fund 117 , 884 .47 Utility Refund 19 , 813 .47 Municipal Court 12 , 607 . 80 Payroll 56 , 204 .98 Utility Deposit 23 , 095 .79 General Interest & Sinking 5,593 .17 Utility Interest & Sinking 8 , 637 .64 Perimeter Street 31, 056 .84 Utility Bond Reserve 6 ,789 .93 Impact 15,103 . 19 State Court 29 ,607 . 68 Community Room 2,663 .00 Sanitation Operating 48 ,437 .46 Return Check Fund 79 .72 Street Reconstruction 12 , 521 .85 Landfill 703 . 63 Police Drug/Crime 4 , 516 . 78 Sales Tax 2 ,492 .11 Library 1 ,036 . 86 Police Training 83 .53 Park Contributions 13 ,670 .10 Utility Construction 10,256 .23 Landfill Closure 2, 517 .46 Service Center/Animal Shelter 83 .70 Partial Payments Municipal Court 2 ,627 . 35 UNINVESTED FUNDS AS OF 02/28/91 $ 653,984 .79 TOTAL INVESTED FUNDS $2,816,714.51 TOTAL UNINVESTED FUNDS 653,984 .79 TOTAL ALL FUNDS $3,470 ,699 .30 JO MEMORANDUM DATE: April 12 , 1991 TO: City Council FROM: Bill Dashner, City Manager :140 RE: Discuss and Consider Donating to the Chamber of Commerce for "Forever Free" On July 3 , 1991 a patriotic celebration will be held at Stonebridge Ranch for Collin County. This celebration was sparked by a statement from President Bush that we should make this Fourth of July special and dedicate it to the Desert Storm people and armed forces people who have served the nation. There are many planned activities as per the attached material and the festivities will end with a fireworks show on the night of July 3 . Each City in Collin County is being asked to donate $500 .00 toward this event and as you will see from the attached the Chamber of Commerce has committed to $500 .00 . V ifrANO. I, Mink AllA . NiPANIARli it"MI A•1 IMA AA , Aft j'A FAX Transmission Form Hi Alt THE CHAMBER McKinney, Texas MAX: 214- 548-0876 / Date: 4/ / (3.1 9.1. (;)• i*-7) '- Number of pages:.._..,S4)../. ., (Including Ihls page) / .., FROM Name . cury ileild12, . ). q- i 1 ‘-- - Phone . _ . . ........_- --__. Company _ _..... . ... - ------- ---- - --- - - - • Sheet Address City. ._..., ......__ _ State .. Zip TO Name t.,_. 7 KO•ir hfilitif- Phone Company 10.-it/ it' (..t., ..Mil( /..(X V-. (1 ., (1 . .. . . ._._.................._ Sheet Addresss City Slcilo Zip rAx Number ] 2 /11) e/7 d. ,..C1- .t.:3 0/ • 1-3,"1"1/<:_. COMMENTS . . /-tilceek. — 1V-e-ke ..(...,i. 114e 1,1-tti...lei. 4) p,4v (16.4.44.teeti . 4 ..,././ hi)44.1u),d- VA0 .4../to--11'Le 1 A ej , . .... . .. _ . 11 . ipv Vile frh.ce.,6 j 11.4.-..1.e.../ / z:Ze:d.e 1-1-e.A-Y-- - v th - 1 tttcry a...e.51-- / 0-) .i/Ltili,a . (,!;(,-)44.e. -' McKinney Chamber of Commerce, 1801 W.Louisiana St., McKinney,TX 75069 Ph. 214-542-0163 lAi... 1.-tai../ Troops ' return 4.: - t ��� Julycelebration n `�.S• •.. i By Lent Jo Starkey Court agenda, Mr. Ilarris has placed a re.ciues1 (01 t"1, I'hw►Star Cowie'.Staff Wri(r•r Ow county to eontrOmit' $500 toward a patriotic .: }` MIIUNNEY — President Bush's address to the celebration on July 3. ' ,• •• nation sparked a patriotic lervor that just might ,. - -, . end in fireworks in Collin County. Nine, Collin County communities, inrhtding I I►r .t ;J,. Collin t'r,unly Judge Icon Ilarris fuel: Mr, Ifusl,'s no, and their chambers of crnrnnetce It, �t ieed wordy seriously enough to request countywide Organizers !Tomtit the celebration, Mt. Harris said. h' t ; support fur a salute to the returning, (►aeration De- well Inv to gelcorpoiafr ri ,iimti;hip as s(vi Storm h>rcrs. well lot a large fireworks display, he said. "President Bush indicated We nhrnllrl I take Illi, "li's going to he the night of July 3, part of what \,�i :l hearth of July spec ial and dedicate it to the I reset t could he a weeklong, t eleht stain," Mr. Harris is said, Strain people and aimed for people who have adding parades uiid celebrations are planned the served the nation," Mr. I larris said Ftiday. On Monday'v f.'nllin County Commissioners See Annual, Page SA /...10 tklo .,...;i-eli('. (v-Ot)lict- I-)1.'j.'.1 L, 61 /43(I/ Annual celebration envisioned Continued from Page 1 A mloslon to lay utility Ilan/cablaistructuru along the right of way of County floods 175, 171, 275 and 513. • following day in Plano and 12ichai d,on. UrItngqcost born electric uI i;!l tor !omission to lay utility "Fnteve, Free" tinereablorstruclufo along Ilia right of wayof County(load% will be thc, name• and the 3134 arid 1!►tl theme, he said, lot the countywide cek,inaliol1 at a VasIou9 Iav refunds tolnling$0,102.5U. Slouch idge in McKinney, •ftoquosl to eenk hlds'tnopooals on tractor/cab and Allhoui!h the time and utter—' details have riot chassis nod construction of classrooms rind orfictrs. • been It'onf'd out, orl aniz(t' plan Get hc�ltl'ee •Award/reje(•tioru of t'Id%/proposals on the following. been and llliiit, people. a!4'ralbnl rn,vlcts for Inturst►Chon Improvornanls to rparnrto. tAnrkot hoed 544 and rarrn•(o-Markel hood 2551;renova State Rep. Sant Johnson of Plano, a toilful set• lions to jury room;and Nvn vehicles for constables. %iceman and prisoner of wal, has agreed to sis'ak •foquost to nxnrc190 a ro renewal option on Ilia following al the even!, tit, cunl►acto:microfilm reader/printers:morgna transport ear- vices;A hot.air balloon launch will feature at least 10 •li quMC at C ln,30 nne Orlick i ralt No. 1 to roof rnstoralion for hathions lifting off, as well as others that will re- eAainho.rsn nod Inn main tethered. •110quo9l for as&ignrnnnl of micrographic supplies oon. 12onald McDonaldwill perform a magic chow, (tact. •Itmundmenl Io Court()idols AO 0112.11.0, and 01 213- Mr. llartis said, and organizers would like to get 03.1 i to champ erroneous vohlcie Idonlllicetion numbers. an airplane flyover fr(►nl military of Confederate •notification of Ilto purcheso of a loplacernnnt chain Ait felt i e. planes) saw,d ctcy btoldeitw as uiplus and approval of a non- "We hope it will become an animal event," Mr. ($150)to avail h,nde for Ian Ili said. "1'he idea has been well err:c ived." san1e' •A1Mjfrovnl of n non emergency budget nrnondreoni At Monday's meeting, which will begin at 10 ($2,11 ,)(n avail hind°fur the pinches°of n pt llco radio, Ain. in the commissioner s CtIIII Ir„Urn on the Sixth •flah(icallon of an annuel Contrncl for Artirnal Control ear- flow of the Collin County Com thonse, 210 S. vices and docla,n various animal control equipment as eur- Mrl)onald in McKinney, commissioners will also plus. •Conside,el►on of funding and awned of contract on Con- " r,'1111S1dt'1': C11106011 Pintft foruslrin;lion. ■Consideration of a septic t stern tee Waiver for th• a I,vullne budget flinenrin►enl9 lulnlinq $6,500. Texas ArtM University(arm In fl'rossier.a Hnrtuost Horn Southweclern unit I nPnplion0 Co. for Per' a Jtotkw Center('tease t construction budget workahop, �� 1 V • Nti Aft Aft NI IA FAAM 1► AA M Nt M M -TJiE CHAMBER McKinney, Texas 11(;r!u>n 1►1 I I I, 1 1 , 1.9 9 I "t'c)IrEVI.I( FREE" CELEBRATION f . ('At,), '1'(1 ORDER R I J REPORT FROM EACII ('1 'r'Y ( Financi.al. Commitments f) om cities that were 1.)t went i.nq to City Council , etc . . . ) 1.'t WIN. COMMI'c ''c NTH; FROM MEETING ON APR 1 L 4 . 1991 I . Collin Coon $r,UO , n0 2 . City of McKinney $,-r(1 O ' 3 . Richardson ('IIL11llh'''1 $500 . 00 4 . Wylie Chamber 500 . 00 ( ? Pending answer ) r) . Princeton ('h; inher 00 . 00 6 . Frisco Ch;u)thc..i $ 10O , Iln ( ! I'cis,sil,ly 2(I0. 00 ) I . C'i t y of Al l en $700 . UU 8 . Plano Chamber $500 . 00 (pending answer ? ) cl . No . Dallas ChmOic't $5 )OU . (i(1 ( 7 Pending answer) 10 . ;t cni )/r i(lgr Ranch $2500 . 00 $7000 , (I0 2-levels of sponsorship - A. $250 00 $499 . 00 ( Bonne): Displays at Event ) (Company Name on FV('nt Posters ) Donations ult(l'.'► $.'i0 . 00 (;r at'('I U I I y Accepted !! It. $500 . 00 and ut, mail to: ( Banner Display at Event ,, Co. Nrlmo on Event Posters , Co. name T' iL'!;t Bank-McKinney included in press 1"el.oase "FollEVE FREE" 10 x 10 Booth Space at. event Now Accounts; (Mural. furnish own display booth ) P.O. Box .>.3 6) McKinney, Texas 15069 ( 214 ) 542 -I 'L41 V. Dot-.-Aii. itaI. 1.Ons - (.)wen I'uI 1 iam Launch Time,? (214) 542-0163 V. EN'I'LRTA:I tIMI;NT/MUS 1 C/$;OUND - Kris) P 11.K1':NTON 1801 W. I uttisiana Sl. v l . NUN-)►t':tJOM7tlA'I'1'ONl+l, r)I vO'I'I t!Nnl, Box 621 McKinney, 'li'xas 7 5069•0621 • cc1P( - P A(;r•: -2- AGENI.,A "l"Ol'I'VER FREE" • VI.I . MILITARY FAMILIES/VETERANS ADDRESS LETTER INVITING TO 1'ARTICI.t'A'I'F IN THE EVENT - COLI,IN COUNTY A BIG THANK YOU 'PC) EVA 1\NU R(.)Y 'I't1OM1';:ON! V1.1I . FLY OVER BY AIRCRAFT/MILITARY AIRCRAFT I . Contacted Local pi lots that pet form in Barnstorming I\] rshow. They havo published in their newsletter and wi 1 I meet. Sunday, April 14 , 1991 to discuss '1 . Need local vetr-erans that may he able to contact Carswell , or other Military F3:ases to arrange a Fly Over T.X. FOOD CONCESSIONS : A . A] len ;Jaycees • working on Coca-Cola tr'ai.levs Forever. Free will retain 15% of gross sales -Dana McGowen I1_ Wy l i.r Rotary - ;;no-r r,rte trailer Forever Free wi i l t •'ta i n 1 5% of gross sale:,, -Linda Ilarnar C. OTHER ORGANIZATIONS ??/LOC111., COUNTY FOOD VENDORS/HOW MUCH ANt) WHAT KINI► Ito WI; WANT? X . Master of Ceremonies -- Does Roger have it on his calendar? OTHER POSSIBILITIES Rep. Sam ,1c111n Sr:)lr -- W.i .1 I he he in town? NEEDS : VOLUNTEERS ! ! ! 1 . PARKING 2 . SECURITY 3 . PHOTOGRAPHERS 4 . $,E'I'--UP CREWS WE NEED A STAGE! ! ! ! L:07 MEMORANDUM DATE: April 17 , 1991 T0: City Council FROM: Bill Dashner , City Manage 4411 RE: Discuss and Consider Ad ption of Ordinance Enabling City Employees on an as Needed Basis to Buy Back Into the TMRS You will recall that in February we passed this ordinance, however , it was not in the proper form and thus invalid . Attached is the new ordiance which needs to be passed . Attachment: Ordinance Documents from Passing of First Ordinance s PE �_. TMRS-H (Rev. 8/89) TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY. WHEREAS, the actuary of the Texas Municipal Retirement System has determined that all obligations charged against the City's account in the municipality accumulation fund, including the obligations arising as a result of this ordinance, can be funded by the City within its maximum contribution rate and within its amortization period; and WHEREAS, the City Council has determined that adoption of this ordinance is in the best interests of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Pursuant to Section 853.003 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended, the City of Wylie hereby elects to allow any member of Texas Municipal Retirement System who is an employee of this City on the day of , 19 (1 , who has terminated a previous membership in said System by withdrawal of deposits while absent from service, but who has at least 24 months of credited service as an employee of this City since resuming membership to deposit with the System in a lump sum the amount withdrawn, plus a withdrawal charge of five per cent (5%) of such amount for each year from date of such withdrawal to date of redeposit, and thereupon such member shall be allowed credit for all service to which the member had been entitled at date of termination of the earlier membership, with like effect as if all such service had been rendered as a employee of this City, whether so rendered or not. The City of Wylie agrees to underwrite and hereby assumes the obligations arising out of the granting of all such credits, and agrees that all such obligations and reserves required to provide such credits shall be charged to this City's account in the municipality accumulation fund. The five per cent (5%) per annum withdrawal charge paid by the member shall be deposited to the credit of the City's account in said municipality accumulation fund; and the deposits of the amount previously withdrawn by the member shall be credited to his or her individual account in the employees saving fund of the System. Section 2. This ordinance shall become effective on the day of , 19 , which is a date on or after the date set forth in Section 1, above. Passed and approved this the day of , 19 ATTEST: APPROVED: City Secretary or Clerk Mayor (1) THIS DATE MAY NOT BE LATER THAN THE EFFECTIVE DATE OF THE ORDINANCE V TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE 35, AC 512/476.7577 POST OFFICE BOX 2225 AUSTIN,TEXAS 78768-2225 April 15, 1991 -� ___ 7 t9r 1 11 Mrs. Carolyn Jones I IL, City Secretary "L______ --- City of Wylie ------- P. O. Box 428 Wylie, Texas 75098 Dear Carolyn: We have completed the "Buy-Back" study for the City of While and it has been determined that the City's contribution rate would increase by .81%, if this benefit is adopted. I feel sure the City of Wylie will want to adopt this provision and I am enclosing the necessary model ordinance (TMRS-H). When the ordinance has been finally passed and approved, we will appreciate receiving a copy for our records. Also enclosed are Buy-Back Applications for all City employees who have forfeited service. Each employee who is interested should complete the application and return it to us along with their check. Upon receipt of the applications and the amount of deposits previously withdrawn, plus the withdrawal charge, each individual will be credited with the additional months of creditable service shown on their application. Each employee is encouraged to buy this service back as soon as possible in order to eliminate any further withdrawal charge. If you should need additional information, please feel free to contact us. Sincerely, Gary W. Anderson Assistant Director GWA/pjh Enclosures:Ordinance TMRS-H Buy-Back Applications MEMORANDUM DATE: February 19 , 1991 TO: City Council 41444 FROM: Bill Dashner , City Manage RE: Discuss and Consider Adop ion of Ordinance Enabling City Employees on an as Needed Basis to Buy Back Into the TMRS Attached is an ordinance that if adopted by the City Council will allow City Employees that leave Municipal Government and at a later date come back into Municipal Government an opportunity to contribute to the fund the amount they would have contributed with continuous service in order to qualify for retirement longevity benefits . S? ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, WYLIE, TEXAS; ENABLING CITY EMPLOYEES TO BUY BACK INTO THE TEXAS MUNICIPAL RETIREMENT SYSTEM IN ACCORDANCE WITH SECTION 63 .003 OF TITLE 110B REVISED CIVIL STATUES OF THE STATE OF TEXAS . WHEREAS, the City Council of the City of Wylie, Texas has determined that City Employees should be able to qualify for Texas Municipal Retirement System buy back certification . THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF WYLIE, TEXAS: SECTION 1: This ordinance enables City of Wylie Employees to buy back into the Texas Municipal Retirement System as long as City Employees fully comply with certification requirements as stipulated by state law and regulations of Texas Municipal Retirement System. SECTION 2: The City of Wylie official designated by this ordinance for official certification purposes is Personnel Director, Carolyn Jones. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1991 John Akin, Mayor ATTEST: Carolyn Jones, City Secretary 6a NBC V. l/OL/ a TEXAS MUNICIPAL RETIREMENT SYSTEM • BUY-BACK CERTIFICATION In accordance with Section 63.003 of Title 110B, Revised Civil Statutes of Te as amended. I, carol n Jones xas, 1923, � Name • City Secretary being the official designated by ordinance to make this certification, tt e do hereby certify that the attached Former Membership Questionnaires show all employees who have had former service with this or any other member city. Given under my hand and seal of the City of Wylie this the 26 day of February Texas, , 1991 . (Signature) Cit Secretar (Title) 'ti • MEMORANDUM DATE: April 18, 1991 TO: City Council FROM: Bill Dashner, City Manage �A, RE: Discuss and Consider P yment of Claim to Bolen Construction Co . for Completion of Seal Coating for McCreary Road At the City Council meeting on April 9 , 1991 the Council approved an estimated expenditure of $30,100 for seal coating of McCreary Road . This is a 3 course penetration seal coat job and took a great deal more prep work due to recent rains . We had to stabilize shoulders and purchase more asphalt than originally estimated . The total cost is $37 , 120 .00 . The breakdown is as follows : 12,040 sq . yards seal coat $36 , 120. 00 ($3. 00 sq . yard) 100 ton hot mix $ 1 , 000 .00 ($10 .00 a ton) $37 , 120 .00 Upon receipt of a formal invoice from Bolen Construction I recommend the Council approve payment . 6 z MEMORANDUM DATE: April 17 , 1991 TO: City Council $11)/L FROM: Bill Dashner , City Manage ... RE: Discuss and Consider Authorizing Under Annual Seal Coat Bid Seven (7) Major Street Improvements The following is a list of seven (7) major downtown streets that need immediate attention . They are as follows : Elliott - Cotton Belt to Birmingham $3,242 .32 Oak - Cotton Belt to Birmingham 6 , 532 .66 Oak - Birmingham to Jackson 3,396 .00 Birmingham - Marble to 78 11 ,743 . 77 Jackson - Brown to 78 21 ,624 .80 Marble - Cotton Belt to Keefer 2 , 692 .66 Marble - Keefer to Jackson 3 . 442 .32 $52,674 .53 This work can be done for approximately $53, 000 . I would recommend using general fund money in order to complete our street improvement program. MEMORANDUM DATE: April 17 , 1991 TO: City Council FROM: Bill Dashner, City Manage RE: Discuss and Consider Cha ge Order #1A on Newport Harbor Sewer Line A formal recommendation has been made by the Consulting Engineer and the City Engineer on change order #1A in the amount of $16 , 396 .53 . The change order requirements are as listed : a) Costs related to relocate Lift $ 9 ,577 . 41 Station (C. T. Beckham request) b) Costs related to required design $ 6 ,735 .22 changes per new Texas Water Commission criteria c) Miscellaneous field change $ 83 .90 and quantity adjustments TOTAL $16 ,396 .53 These are unavoidable and necessary changes which will bring the final total cost of the project up to $310 , 586 . I very strongly recommend that this change order be approved by the City Council . Attachment : Specific Details of Change Order I lr d)Jd 6a - 4 ncv)Y' jic SHIMEK, JACOBS & FINKLEA ', APR ~ 41991 1 :1.� CONSULTING ENGINEERS 11.11 8333 Douglas Avenue, #820 .,1Ilas, Texas 75225 (214) 361-7900 ROSS L.IACOBS,PE. I.C.FINKLEA,PE. April 3, 1991 TAMES E.LAUGI ILIN,P.E. RONALD V.CONWAY,PE. IOHN W.BIRKHOFF,PE. MATT ARMSTRONG,P.E. TOE R.CARTER,P.E. GARY C.HENDRICKS,P.E. C.L.SHIMEK,PE. Mr. Paul Beaver, P.E. Director of Engineering/Planning City of Wylie Post Office Box 428 Wylie, Texas 75098 Re: Newport Harbor Estates Sanitary Sewer Improvements Change Order No. la = Dear Mr. Beaver: We are enclosing one (1) copy of Change Order No. Difor the Newport Harbor Estates Sanitary Sewer Improvements project for your review. If the change order meets with your approval, please inform us and we will transmit the correct number of copies to the contractor for execution. The following costs included in this change order are related to the relocation of the lift station site: Item No. 1 - 32 L.F. 8" Sanitary Sewer w/Type II Embedment $ 592.00 Item No. 1A - 341 L.F. 6" Force Main w/Type I Embedment $ 5,865.20 Item No. 5A - 341 L.F. Trench Safety Systems $ 69.30 Item No. 7A - 311 S.Y. Crushed Stone Access Road $ 3,050.91 Total Construction Cost Change Order No. 1 (Reloc. of Lift Sta. ) $ 9,577.41 Engineering Services Contract (Survey, Plan & Easement Revisions) $ 1,600.00 Total Cost Change Order No. 1 Related to Reloc. of Lift Station $11,177.41 The following costs included in this change order are related to revisions in the Texas Water Commission Design Criteria: Item No. 5 - 4.0' Diameter Type "S" Sanitary Sewer Manhole $ 2,200.00 Item No. 15 - 4.0' V.F. Extra Depth Type "S" Sani. Sewer Manhole $ 315. 12 Item No. 6A - Pig Launcher Assembly $ 4,220.10 Total Cost Change Order No. 1 (Design Criteria Revisions) $ 6,735.22 C 6 Mr. Paul Beaver, P.E. City of Wylie April 3, 1991 Page No. 2 The following costs and credits are due to field changes and quantity adjust- ments: Item No. 1 - Add 222 L.F. 8" Sani. Sewer w/Type II Embedment $ 4,107.00 Item No. 2 - Delete 88 L.F. 8" Sani. Sewer w/Type I Embedment $(2,002.00) Item No. 3 - Add 45 L.F. 8" Sani. Sewer by other than open cut $ 2,475.00 Item No. 8 - Delete 11.1 C.Y. Cement Stabilized Backfill $(4,440.00) Item No. 13 - Reduce Trench Safety Systems 187 L.F. $ (56.10) Total Cost Change Order No. 1 (Miscellaneous Items) $ 83.90 The additional 222 L.F. of 8" Sanitary Sewer was shown on the plans but not included in the quantity in the original proposal. (41 L.F. from 0+00 to 0+41 and 181 L.F. from 106+36 to 108+17) . If you have any questions concerning this matter, please call us. Sincere /yours, oe R. arter, P.E. Enclosure CITY OF WYLIE, TEXAS NEWPORT HARBOR ESTATES SANITARY SEWER IMPROVEMENTS CHANGE ORDER NO. 119 A. INTENT OF CHANGE ONE The intent of this change order is to modify the provisions of the contract entered into by the City of Wylie, Texas and E. L. Dalton & Company, Inc. , 2351 W. Northwest Highway, Suite 3320, Dallas, Texas 75220, for the construction of the Newport Harbor Estates Sanitary Sewer Improvements, dated November 27, 1990. B. DESCRITION OF CHANGE This change order covers the additional work necessary to construct the following; Costs Related to Relocation of Lift Station Site: 1) An additional 341 linear feet of 6-inch force main. 2) An additional 32 linear feet of 8-inch sanitary sewer. 3) A 6-inch x 10-Foot wide crushed stone access road. Costs Related to Changes in State Design Criteria: 1) A pig launcher for cleaning the 6-inch force main. 2) An additional 4-foot diameter Type "S" sanitary sewer manhole. ,. 3) An additional 5 vertical feet of depth for Type "S" sanitary sewer manhole. Miscellaneous Construction Item Adistments: 1) Increase quantity of 8-inch sanitary sewer (gravity pipe) with Type II embedment by 222 linear feet. 2) Substitute 45 linear feet of 8-inch sanitary sewer by bore for open cut. 3) Reduce cement stabilized backfill quantity from 164 cubic yards to 53 cubic yards. C. EFFECT OF CHANGE ON CONTRACT AMOUNT Base Bid: Item Original Revised Unit Total Amount o. Description Quantity Quantity UnitPrice 0 Charm_ 1 8" San. Sewer (Gravity 1,251 1,505 L.F. $ 18.50 $ 4,699.00 Pipe) w/Type II Embed. 2 8" San. Sewer (Pressure 2,406 2,318 L.F. 22.75 (2,002.00) Pipe) w/Type I Embed. Item original Revised Unit Total Amount No. Description Quantity Quantity Unit Price of Change 3 8" Sani. Sewer by other 273 318 L.F. 55.00 2,475.00 than open cut with pressue grout 5 4.0' Dia. Type "9" 3 4 Ea. 2,200.00 2,200.00 Sani. Sewer Manhole 8 Cement Stabilized 164 53 C.Y. 40.00 (4,440.00) Backf i l l 13 Trench Safety Systems 4,010 3,823 L.F. 0.30 (56.10) 15 Extra Depth 4.0' Dia. 0 4 V.F. 78.78 315. 12 Type "8" Sani. Sewer Manhole Alternate A: lA 6" Force Main w/Type I 6,576 6,917 L.F. $ 17.20 $ 5,865.20 Embedment 5A Trench Safety Systems 6,686 6,917 L.F. 0.30 69.30 6A Pig Launcher Assembly 0 1 L.S. 4,220.10 4,220.10 7A Crushed Stone Access Rd. 0 311 S.Y. 9.81 3,050.91 TOTAL AMOUNT OF CHANGE ORDER NO. 1 $16,396.53 Original Contract Amount $294,190.00 Change Order No. 1 + 16,396.53 Revised Contract Amount $310,586.53 D. AGREEMENT By the signatures below, duly authorized agents of the City of Wylie, Texas and E. L. Dalton & Company, Inc. do hereby agree to append this Change Order No. 1 to the original contract between themselves, dated November 27, 1990. City of Wylie, Texas E. 14. Deltor1 & Cgppany, Inc. Owner Contractor By B ff N. imm b. Battson - V co rep sident Date _ Date April 12, 1991 Attest Attest ., 9 sc a C. ./ Dorothy S. llman - Secretary 6 � MEMORANDUM DATE: April 18 , 1991 TO: City Council FROM: Bill Dashner , City Manage RE: Discuss and Consider F . al Selection of One (1) of Big Six (6) Auditing Firms to Conduct FY91 Audit and Other Audit Work as Requested and Required . Attached are the audit proposals fro Deloitte & Touche , Ernst & Young and Peat Marwick . Deloitte & Touche /\ Suite 1400 ITT Telex:4995628 Lincoln Plaza 500 N.Akarci Street Dallas,Texas 75201-3302 Telephone (214)720-8100 April 9, 1991 To the Members of the City Council and Bill Dashner, City Manager, City of Wylie: Thank you for the opportunity to present our credentials to provide professional services to the City of Wylie and for the opportunity to meet with you in person to discuss the scope of services you are requesting. Based on that conversation, we are submitting this letter proposal which outlines our plan to provide services to the City. PHASE I APPROACH The comments and concerns shared with us at the meeting on April 4, 1991, indicate the need for further analysis of the City's accounting and internal control systems. We believe Deloitte & Touche is uniquely suited to provide the professional services you require. Our Statement of Qualifications demonstrates our commitment to the public sector and, in particular, to cities comparable to the City of Wylie. In response to your request for further analysis, we have developed a planned Phase I of the comprehensive workplan. We envision Phase I to consist of the following: • Meeting with the city manager, finance director and other key members of the staff of the City as necessary. The purpose of these meetings will be to develop an initial understanding of the current state of the accounting records, data processing hardware and software capabilities, and the accounting documentation and support for transactions and accounts • Preliminary analysis of written documentation of transactions and other accounting records to develop further insight into the existing systems • Preparing a detailed workplan for Phase II of the project, including identification of the systems or accounts to be analyzed, the time frame the analysis will cover, and the specific timetable for the completion • Preparing an estimate of time to be spent by area identified and the related estimated fees to be charged • Identifying the Deloitte & Touche personnel to be assigned to Phase II of the project • Reporting on the status and completion of Phase I to the members of the city council Member net? International 70 STAFFING FOR PHASE I Our fieldwork for Phase I of the engagement will be performed by management-level professionals in order to bring the highest level of analysis of the current operations and systems of the City. All such professionals have significant public sector experience serving cities of the size and complexity comparable to that of the City. We believe this plan represents the most timely and cost-effective response to your needs. The anticipated staffing for Phase I will consist of the following: - George Scott, lead client partner, will be responsible for all professional services provided to the City. He will draw upon the significant number of available public sector professionals within the Firm to meet the needs of the City in this project. • Tom Larson, audit director, will have direct responsibility for the overall planning and management of the Phase I engagement and for the reporting of results to the city council. • Jay Riley, senior consulting manager, will be responsible for coordinating our analysis and recommendations related to operations and automated systems. • Craig Milacek, senior audit manager, and Carol Soegaard, audit manager, will perform substantially all of the fieldwork associated with Phase I of the engagement. TIMING We are prepared to commence our Phase I activities within two days after notification of our engagement. We believe all Phase I activities can be completed within two weeks from commencement of fieldwork. At that time, we will deliver a written report in draft form on our findings and meet with you as necessary to discuss the results. APPROACH TO FEES Our fees for Phase I of our engagement to serve the City of Wylie will be based on the anticipated level of experience required at our discounted standard public sector billing rates. We are very much interested in building a long-term relationship with the City and are prepared to make substantial concessions in fees to establish this relationship. Consistent with the above, we estimate the total fees for Phase I of the engagement to be $2,500, exclusive of out-of-pocket expenses. We believe the quoted fee is both fair and reasonable. CONCLUSION We believe we are the firm best suited to meet your professional service needs now and in the future. Our large and growing public sector practice is evidence of our concern and Deloitte& Touche 0 understanding of the issues confronting the City. The City of Wylie would be a significant and valued client of Deloitte & Touche, and we believe we have the resources to make a difference in the future of the City. If you have any questions relating to the foregoing matters or wish clarification on any aspects of this proposal, please call Tom Larson at (214) 720-8178. Yours truly, S4,6 c. 6 £ L( Deloitte& Touche ElERl FIST& YOUN ■ ',„„„ `,lui ■ Phone: 214 969 8000 2121 ti,II 6u mIn 1.101,l F.ix 214 969 8587 10XA(. _ 0 w/ c> ~ I>,ill.i,, Ir\.,, 'i7111 ii'k'x: 6710375 ilaAPR 1 8 Icagl - ----- /DJ/..._._.-April.-17,..1991 Mr. Bill Dashner City Manager City of Wylie 2000 Highway 78 North P.O. Box 428 Wylie, Texas 75098 Dear Mr. Dashner: This letter is in response to the request made by you and members of the Wylie City Council that we submit a fee estimate for an operational and controls review of the various city departments. A report would be made to the City Council as to our findings, an estimated cost for further additional procedures, if any, and the estimated cost of the annual city audit. Our fee estimate for the operational review would be approximately$8,000. We would be pleased to discuss this fee estimate further if you have any questions. Sincerely, ' 6___4) Robert W. Law Partner RWL/sd 73 vow Peat Marwick Certified Public Accountente Suite 1400 U Thanksgiving Tower 1601 Elm Street Dallas.TX 75201 I April 18, 1991 I City Council City of Wylie Wylie, Texas Dear City Council: KPMG Peat Marwick is very pleased to present its proposal to serve the City of Wylie (City). Based on our extensive experience serving local governmental entities, as discussed at the oral presentation on April 4, 1991, we believe Peat Marwick is best qualified to serve the City. Our strong Dallas office resources, along with the direct support of our national governmental practice, will provide the City with an outstanding combination of resources. This combination, together with our experience, technical expertise, and positive approach will result in the best possible professional service for the City. 111 As a partner in the governmental practice of our Dallas Audit Department, I have a particular interest in the City and will serve as client service and I engagement partner on the engagement. My responsibility will be to maintain an open line of communication with you and other key City officials to ensure that the City is provided with the best service that Peat Marwick has offer. Ito We have selected our client service team not only for their technical expertise in a wide variety of disciplines, but for their government practice experience and perspective as well. Through our multidisciplined team, we can best serve as your business advisors and provide an intelligent, forward-looking assessment of your financial and operational health. Our experience with other cities bears this out. Our Statement of Qualifications dated March 15, 1991 presented on April 4, 1991 is hereby incorporated by reference since it contains additional information regarding why KPMG Peat Marwick should be engaged to perform these procedures. We will apply certain agreed upon procedures to the records and internal control system of the City, which will consist principally of interviews I with selected members of management and other employees, a flowchart of the disbursement, receipt, and payroll cycles and a walkthru of the operating systems. I � �� Member f Klynvrkl t•r• . 411 Once the overview of the internal control ayatem has been completed, we will be in a position to present our findings and recommend which areas require additional analysis and testing. The following is a summary overview of the specific areas to which the agreed upon procedures will be applied. Budgets and Planning Cash Investments Revenues and Receivables Capital Assets Procurement and Payables Employee Compensation Electronic Data Processing iFinancial Reporting Appendix A contains a series of questions that will be used as an outline for each of the areas noted above. Should additional areas not included above become known to us during the performance of these procedures we would modify our approach to include those areas. It is understood that the resulting report would be solely for your information and is not to be referred to or distributed for any purpose to anyone who is not a member of management of the City or the City Council. Because the foregoing anticipated procedures do not constitute an audit in accordance with generally accepted auditing standards, we will express no opinion on the accounts to which these procedures relate. Had we performed additional procedures or had we made an audit of the financial statements in accordance with generally accepted auditing standards, other matters might have come to our attention that would have been reported to you. Our fees are based on the amount of time required to complete an assignment and the level of personnel assigned. We are also reimbursed for out-of- pocket costs which include travel and report preparation expenses. Our fee estimate for the City has been computed at rates significantly below our standard hourly rates because of the timing of the work to be performed and our commitment to building a long-term relationship with the City. While it is difficult to project the time involved in a project such as this, we estimate that our fees will not exceed the estimate set forth below. I I I 5 I I 3 Based on our experience with similar governmental entities, we estimate the agreed-upon procedures will require approximately 300 hours to complete. Following is a summary of our hours by classification: Partner 20 Manager 40 I Senior 120 Staff 120 300 Our estimate of fees for the agreed-upon procedures, including out-of-pocket expenses, is $18,000. This estimate is presented in accordance with Rules of Professional Conduct promulgated by the Texas State Board of Public Accountancy. Our fees are based on the assumption that the accounting records will be readily available and that we will receive assistance from your personnel in the preparation of detailed analyses and workpapers, if necessary. We will promptly advise you of any factors which might cause our fee to exceed the estimate and will not perform any additional work without first obtaining 1 your approval. We appreciate the opportunity to present this proposal to serve the City of Wylie and hope that it conveys our sincere interest in serving the needs of the City. We believe that we offer the highest quality services. The City of Wylie will be a valued client of our Firm and of our Dallas office and one we will be extremely pleased to serve. If you should desire any additional information concerning this proposal please let us know. We look forward to the opportunity of serving the City of Wylie. Very truly yours, 11 KPMG Peat Marwick Q( Theodore L. Bathurst, Partner 111 TLB:dc N I I