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03-27-1990 (City Council) Agenda Packet
DATE POSTED 3-23-90 TIME POSTED 5:00 P.M. AGENDA REGULAR MEETING, CITY COUNCIL CITY OF MIME, TEXAS TUESDAY, MARCH 27, 1990 7:00 P. M. COMM CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 27 Consider approval of the minutes of March 13, 1990 Council Meeting 2 28 Consider acceptance of resignation of Bill Emsoff from Park and Recreation Board, term expires July, 1990 PUBLIC HEARINGS AND READING OF ORDINANCES AND RESOLUTIONS 3 29 - 30 Conduct Public Hearing on Re-Zoning request of F. 0. Birmingham Land Board Trust for Lots 13, 14, and 15, Block 3, of Brown & Burns Addition (301 N. Ballard) from SF to Business 1 4 Consider approval of Re-Zoning request of F. 0. Birmingham Land Board Trust for Lots 13, 14, & 15, Block 3 of Brown & Burns Addition from SF to Business 1 5 31 - 32 Conduct Public Hearing for Poole Feed Supply for Lots 1 & 2, Block 20, Railroad Addition for Special Use Permit for outside sales 6 Consider approval of Special Use Permit for outside sales for Poole Feed Supply for Lots 1 & 2, Block 20, Railroad Addition 7 33 Consider approval of a Resolution to authorize City Manager to enter into an Agreement with the U. S. Army Corps of Engineer (Lake Patrol) ORDER OF PAGE BUSINESS REFERENCE BUSINESS PUBLIC ®RINGS AND READING OF ORDINANCES AND RESOLUTIONS 8 34 - 42 Consider approval of an Ordinance establishing Regulations for the Use and Operation of Alarm Systems within the City: providing definitions, requiring a permit of alarm system users; providing for issuance of permits; providing service charges for False Alarms; providing for denial and suspension of permits; regulating alarm reporting and operation; providing for protection of financial institutions, ordaining other matters on the subject; and providing a penalty clause, a severability clause and an effective date 9 43 - 51 Consider approval of an Ordinance amending Ordinance No. 84-19, Abandoned and Junked Motor Vehicles; providing for definitions; providing for enforcement; providing for authority to take possession of abandoned motor vehicles; providing for notice to impoundment; providing for disposition of proceeds to owner and lienholder; providing for notice by publication; providing for fees for impoundment; providing for public auction and disposal; providing for custody of motor vehicles to demolisher; declaring junk vehicles a public nuisance; providing for notice to abate public nuisance; providing that junk vehicles not be reconstructed or made operable after removal; providing for notice to the State Department of Highways and Public Transportation; providing for exceptions to abating nuisances; providing for administration by city employees; providing for authority to dispose of junked vehicles; providing for repeal of all ordinance in conflict; providing for a penalty or fine not to exceed the sum of Two Hundred Dollars (4200.00) for each offense; providing for a severability clause and declaring an emergency. ORDER OF PAGE BUSINESS REFERENCE BUSINESS NEW BUSINESS 10 52 Consider approval of bid award for Uniform Rentals 11 53 Consider approval for bid award for Janitorial Contract 12 54 Consider approval for bid award for Commercial Auto Vehicles Policy (insurance) 13 Consider authorization for City Manager to Employ Rate Consultant for utility rate evaluation APPROVAL OF PURCHASE/PAYMENT 14 55 - 58 Consider approval of payment request fran First Southwest Co. for financial advisory services and expenses for both 1989 C. 0. issue ($200,000) and 1990 C. O. issue ($3,500,000) in the amount of $42,189.07 15 59 - 64 Consider approval of payment request from Shimek, Jacobs & Finklea for additional services for change order for Wastewater Collection System Improvements in the amount of $5,195.00 GENERAL DISCUSSION 16 Citizen Participation 17 Council Discussion 18 Recess open meeting 19 Convene Council into Executive Session under the authority of Article 6252-17 V.A.C.S., Section 2 paragraph "e" Personnel Matters: (a) Municipal Court Judge (b) Case of Ross VS. City of Wylie (c) Board of Directors for Development Corporation Board of Wylie 20 Reconvene open meeting 21 Consider any action necessary regarding Executive Session 22 Convene Council into work session in the Council Conference Roam 23 Discussion of Proposed amended Personnel Regulations 24 Adjourn CITY COUNCIL MEETING MINUTES MARCH 13. 1990 The City of Wylie City Council met in regular session on Tuesday, March 13, 1990 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 Chuck Trimble, Mayor Pro Tem Naish, Council Members Ortie Messenger, Jim Swartz, Pat Stemple, and John Akin, City Manager Charles Norwood, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires and Assist. City Engineer Ron Homeyer . Councilman Steve Wright was out of the country with his Naval Reserve. Mayor Trimble called the meeting to order and Councilman Akin gave the invocation which was followed by the Pledge of Allegiance lead by Councilman Messenger. APPROVAL OF THE MINUTES OF FEBRUARY 27, 1990 COUNCIL MEETING: Mayor Pro Tem Naish corrected the minutes to reflect his statement of one half cost of the materials for paving Alanis is to come from the Street Reconstruction Fund instead of the Street Improvement Fund. There being no other corrections, a motion was made by Mayor Pro Tem Akin to approve as corrected . Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor . CONSENT AGENDA: Authorization for staff to seek bids for General Liability, Fire Coverage and all buildings/valuable papers -- Insurance Policy; authorization for staff to seek bids for copier; approval of the following Easements: MELVIN K . ST. JOHN and H.F. TIBBALS, JR. E.C. Davidson Survey, Abstract No. 267 1 .3 acres ROBERT V. THURMOND John W. Mitchell Survey, Abstract No. 589 1.2 acres JUAN C. DIAZ William Sachse Survey, Abstract No. 835 0 .1 acres J.B. PRINCE John W. Mitchell Survey, Abstract No. 589 0 .3 acres JO JAGODA G.W. Gunnell Survey, Abstract No. 351 0 .1 acres JAMES M. & PATRICIA T. MARTIN Moses Sparks Survey, Abstract No. 849 G.W. Gunnell Survey, Abstract No. 351 0 .2 acres RICHARD GIANGIULIO Moses Sparks Survey, Abstract No. 849 G.W. Gunnell Survey, Abstract No. 351 0.2 acres WALTER G. DAHLBERG John Mitchell Survey, Abstract No. 589 Moses Sparks Survey, Abstract No. 849 G.W. Gunnell Survey, Abstract No. 351 William Patterson Survey, Abstract No. 716 0.1 acres WALTER G. DAHLBERG Moses Sparks Survey, Abstract No. 849 G.W. Gunnell Survey, Abstract No. 351 0. 1 acres ARCHIE EUBANKS Francisco De La Pina Survey, Abstract No. 688 0.05 acres BROWNIE THOMAS BRADSHAW H.J. Hardin Survey, Abstract No. 193 0.4 acres PATSY SUE FLANAGAN William Sachse Survey, Abstract No. 835 0 .2 acres W.L. and EVELYN BROWN William Sachse Survey, Abstract No. 835 0.03 acres GILBERT L. and WANDA SUE WELCH G.W. Gunnell Survey, Abstract No. 351 0.8 acres CITY CONTRACTOR'S SERVICE COMPANY, INC. E.C. Davidson Survey, Abstract No. 267 0.1 acres HENRY and ELIDA MARTINEZ E.C. Davidson Survey, Abstract No. 267 0.1 acres RICHARD R. PARKER Allen Atterberry Survey, Abstract No. 23 0 .3 acres MICHAEL J. and KARYN E. BABUS Moses Sparks Survey, Abstract No. 849 G.W. Gunnell Survey, Abstract No. 351 0 .1 acres SINGLETARY CORPORATION Duke Strickland Survey, Abstract No. 841 0 .3 acres WILEY HOUSEWRIGHT L.K. Pegues Survey, Abstract No. 703 0 .8 acres GENE W. NEWMAN Moses Sparks Survey, Abstract No. 849 G.W. Gunnell Survey, Abstract No. 351 0.2 acres LAKE RANCH JOINT VENTURE Moses Sparks Survey, Abstract No. 849 G.W. Gunnell Survey, Abstract No. 351 0 .2 acres ROBERT L. JOSLYN H.J. Hardin Survey, Abstract No. 438 0.1 acres JACK HARVARD Duke Strickland Survey, Abstract No. 841 0 .6 acres WORTH MONTYQUE SPEED H.J. Hardin Survey, Abstract No. 438 I . Clifton Survey, Abstract No. 193 0 .1 acres CLARINDA MATHEWS John Curtis Survey, Abstract No. 196 0 .7 acres CLARINDA MATHEWS A. Milliron Survey, Abstract No. 563 0.4 acres SUNBELT SAVINGS & LOAN ASSOCIATION William Patterson Survey, Abstract No. 716 John W. Mitchell Survey, Abstract No. 589 0 .8 acres HCW, INC. E.C. Davidson Survey, Abstract No. 267 0 .3 acres TU ELECTRIC John W. Curtis Survey, Abstract No. 196 M. Milliron Survey, Abstract No. 563 0.03 acres RAY DEAN MILLER Francisco De La Pina Survey, Abstract No. 688 0.06 acres SHERWOOD E. BLOUNT, JR. Francisco De La Pina Survey, Abstract No. 688 0.05 acres LOWRY GRAHAM KINZER Francisco De La Pina Survey, Abstract No. 688 0 .02 acres CLYDE RANDALL MARTIN Francisco De La Pina Survey, Abstract No. 688 0 .02 acres Councilman Akin wanted to know if there was an estimate on the cost of the copier and the insurance. Mr. Johnson said the insurance would be approximately $34 ,000 and the copier would be $14,000 with trade in plus maintenance agreement . Motion was made by Councilman Messenger to approve the Consent agenda as listed above. Seconded by Mayor Pro Tem Naish. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Messenger - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor. APPROVAL OF AN ORDINANCE AMENDING ORD . NO. 83-18 SUB- DIVISION REGULATIONS SECTION 6.06 (1 ,B) AND SECTION 6 .07 : City Manager Charles Norwood said the staff is presenting to Council an amendment to the Sub-Division Regulations which has come from the amendment to the Pro Rata Ordinance. Primary amendment is due to size of lines that need to be put in the during development of an area. City Manager Charles Norwood stated to the Council that this would be Mr. Homeyer ' s last meeting , as he is leaving to go to El Campo. Mr . Homeyer has accepted a position with the City of El Campo, he will be missed here in Wylie but we do wish him well. Mr. Homeyer stated that staff looked at several Pro Rata Ordinances prior to putting this before Council . Basically if a line is existing then the developer pays into the existing line. A new sub-division there will be a written agreement with the city to install off site line prior to any construction commencing through which teh City will collect a fee equivalent to the cost for installing the line from the property' s adjacent to the line and refund this money to the developer. The cost will be assessed based upon the greater of the front foot cost times the frontage or the acreage cost times the acreage of the tract . All money' s collected by the City for improvements funded by the City will be placed into a "Pro-Rata Fund" . The expenditure of the money in the "Pro-Rata Fund" will be determined by the City Council through the budget. Time table is 10 years return, after 10 years any collection will be put into a special fund for the City. The Sub-Division amendment makes the developer responsible for at least a 12" line anything over 12" the city will pay for oversizing . Councilman Akin said this item should have reflected we have an old ordinance and this one is amending that ordinance. City Manager Charles Norwood said the sewer lines that have been installed by the City, the pro rata monies that come back to the City from these lines such as the 2 million dollar project we have going now, will come before Council for their distribution during budget. This will help to keep our debt service to a minimum. Councilman Akin stated that what you are saying is the sewer lines already in the ground will come under this ordinance, they will not be grandfathered. City Manager Charles Norwood said staff feels this is the only fair way of doing this. Mayor Pro Tem Naish said the impact fee study could add to this also . City Manager Charles Norwood said yes, one point we need to add is that under this ordinance the monies could be used for any oversizing . Motion was made by Councilman Akin to approve the amendment to the Sub-Division Ordinance. Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor . APPROVAL OF AN ORDINANCE REPEALING ORDINANCE NO. 78-6 AND ADOPTING A PRO-RATA ORDINANCE: Motion was made by Councilman Messenger to approve the ordinance repealing Ord. No. 78-6 in its entirety and enacting a new Pro Rata Ordinance. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor , Councilman Akin - in favor , Councilman Swartz - in favor , Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor . APPROVAL OF STORAGE FACILITY FOR IMPOUNDED VEHICLES AT MARBLE AND HIGHWAY 78 : City Manager Charles Norwood said we discussed this at the last meeting . Staff is pro business, we feel any business will benefit the city. The property we are looking at tonight is Light Industry. There is no classification for Storage Facility. Staff has also tried to get as close to the use as possible. Under this zoning a person can seek a Special Use Permit for a storage facility, or request Planning and Zoning to add another use under this zoning but it will have to go to Planning and Zoning and then back to Council on either of the above mentioned solutions, as they both require a public hearing. Councilman Messenger wanted to know if staff was saying we do not have any zoning for storage facility. Councilman Akin said he went to look at the facilities, I wanted to know that the fence would cover it up and it will take a high fence to cover this up from the Highway. I also thought this had gone to Planning and Zoning and I feel it should to to Planning and Zoning first . Chubb Morrow said he contacted Austin for definition of a storage facility. It reads as follows : "Vehicle storage facility means a garage or parking lot, or any type of facility owned by a person other than a governmental entity for storing or parking 10 or more vehicles" . Chubb also stated that the present zoning ordinance, under Business 2 has a use for automobile storage. Mr . Morrow said that he has talked with some of the Planning and Zoning members and this is what they tell me, it is their opinion, they do the planning to see what they are going to zone property and since this property is zoned Industrial , they do not feel like this has to come back to them. Councilman Akin asked Mr . Faires, since you head this committee up, is that what they want . Mr . Faires stated that he has reason to believe this is not from the Planning and Zoning Commission. Councilman Swartz said I think Chubb has agreed to do whatever the City ask him to do. I think if he is willing to do this we should work with him, and to do something quick, as he has already moved his tire business and has lost time in completing the moving of his storage facility. Mr . Morrow said it made no difference to him if it was a chain length or a wood fence he has to put up. Councilman Messenger said his two main concerns is not to have a junk yard, as we have a need for a place to impound cars. The second concern is the appearance. Mr . Morrow said I will take care of it, I do not want to be fined by the State. Councilwoman Stemple said the only concerns is that it will not look like a junk yard. Mayor Pro Tem Naish said since we do not have an ordinance today on storage facility , what can we do. City Manager Charles Norwood said Council can do almost anything you want to, but staff ' s concern is that we do not have a use regulation to place Chubb' s business in. This is why we are saying if you do not have a use classification, then it should go back to Planning and Zoning and our Zoning Ordinance also states this. Mayor Pro Tem Naish said if the Council makes a decision tonight, are we going to be doing anything illegal . City Manager Charles Norwood said Mr . Morrow has been given the solutions for this , and it will take some time but it should go back to Planning and Zoning . City Manager Charles Norwood said Mr . Morrow moved into an area in Rockwall that had been a contractors site. Mr . Morrow said yes, the zoning was already there. City Manager Charles Norwood said I understood from Rockwall that you are under a non-conforming use. City Manager Charles Norwood recommended that Planning and Zoning add a use for a storage facility. Mr . Faires said if in fact staff' s interpretation is wrong , then Mr . Morrow' s appeal is to go to Zoning Board of Adjustments. Councilman Swartz ask Mr . Faires if he was against this . Mr . Faires said no, he just wanted to see it done right . Motion was made by Councilman Swartz to approve the storage facility at Marble and Highway 78 for Mr . Morrow. Seconded by Mayor Pro Tem Naish. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - against, Councilman Swartz - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - against . This motion carried with four in favor and two against. APPROVAL OF PRELIMINARY PLAT FOR WOODLAKE VILLAGE PHASE II : This plat is located between the AT and SF and St. Louis Southwestern Railroad companies. Motion was made by Councilman Akin to approve the preliminary plat for Woodlake Village Phase II . Mr . Homeyer said this plat is preparing for National Guard Armory. This plat is between the two railroad companies and adjacent to Spring Creek Parkway. Planning and Zoning recommends approval and staff recommends approval . Councilman Akin' s motion to approve the preliminary plat was seconded by Councilman Messenger. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor , Councilman Akin - in favor , Councilman Swartz - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor. APPROVAL OF FINAL PLAT APPROVED FOR CONSTRUCTION FOR HOOPER BUSINESS PARK: This plat is located at Hooper Road - 240 feet south of FM 544 . Mr . Homeyer said this plat was before Council over two years ago, the developer went into bankruptcy but has been bought out and is requesting approval of the final plat - approved for construction in order to complete the subdivision. Motion was made by Councilman Akin to approve the final plat - approved for construction. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Messenger - in favor and Councilwoman Stemple - in favor. This motion carried with all in favor. APPROVAL OF PURCHASING AND INSTALLING 16 LIGHT FIXTURES FOR ROWELL FIELD IN COMMUNITY PARK: Councilman Messenger said he attends the WSA meetings and this is an item that has been brought up. These fixtures will go up on the poles on Cooper and Tibbals fields. This will give enough light for night games, all these fixtures can be used on the permanent poles at a later date. Mr . David Orr thanked the City Council for all the work done and the communications between WSA and the City. We had 500 kids sign up for baseball and 200 kids for soccer. Mr . Orr stated that Phillip Bounds has checked into the price of these 16 fixtures, they are approximately $180 .00 per fixture. These poles are permanent poles and the fixtures will not have to be moved . Motion was made by Councilman Messenger to approve the 16 light fixtures with the amount not to exceed $3 ,000. Seconded by Councilman Swartz. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST FROM JONES AND NEUSE, INC. IN THE AMOUNT OF $2,284 .96 : This payment request is for randfifl closure and legal proceedings. Councilman Akin said in capping of landfill do the engineers know that only 50% of the acres have been used . Mr . Johnson said the attorney' s could answer this question for him. Mayor Trimble asked if Council didn' t get a report. Mr . Johnson said yes . Mayor Trimble said the report did show where the capping would be done. Councilman Swartz wanted to know if there is an agreement that is going to bind us . Mr. Johnson said the Attorney General rules which will come from court is what Council will have to follow. Motion was made by Councilman Akin to approve the payment request in the amount of $2 ,284 .96 to Jones and Neuse. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST FROM ELECTRICAL GENERATION TECHNOLOGY, INC. : This payment request is in the amount of $5,310.00 and is for the Nortex Tank Site. Mr . Homeyer said this is next to the last payment. The metering has to be installed and then we will be running . North Texas Municipal Water District does all the calibrating of these meters. Mayor Pro Tem Naish wanted to know how long of a warranty. Mr . Homeyer said one year . Motion was made by Councilman Messenger to approve the payment request in the amount of $5,310.00 to Electrical Generation Technology. Seconded by Mayor Pro Tem Naish. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST FORM HUNTER ASSOCIATES, INC. IN THE AMOUNT OF $1 ,440.00 : This payment request is for the sanitary sewer trunk main and Muddy Creek drainage basin, for construction administration, and for the bidding process. Motion was made by Councilman Akin to approve the payment request in the amount of $1,440.00 to Hunter Associates, Inc. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST FROM HUNTER ASSOCIATES, INC. IN THE AMOUNT OF $262 .50: This payment request is for surveying. Mr. Homeyer said this is from working with the soil conservation as there was additional surveying. Motion was made by Councilwoman Stemple to approve the payment request in the amount of $262.50 to Hunter Associates, Inc. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST FROM FREEMAN-MILLICAN, INC. IN THE AMOUNT OF $2 ,268.04 : This payment request is for the cost of preparing contract documents and specifications and bidding procedures, staff recommends approval . A motion was made by Mayor Pro Tem Naish to approve the payment request in the amount of $2,268.04 to Freeman- Millican, Inc. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor and Councilwoman Stemple - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST FROM FREEMAN-MILLICAN, INC. IN THE AMOUNT OF 5,644 .70 : This payment request is for the Impact Fee Study. Councilman Akin wanted to know if it would be completed by June 1st as scheduled. Mr. Homeyer said yes, they are about a week behind, but feel they will still be through by June 1st . A motion was made by Councilman Akin to approve the payment request in the amount of $5,644 .70 to Freeman-Millican, Inc. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Akin - in favor , Councilman Swartz - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST FROM GOVERNMENTAL SERVICE AGENCY, INC. IN THE AMOUNT OF $1 ,700.00 : This payment request is for a partial payment for the codification services on the Code Book of Ordinances, staff recommends approval . Motion was made by Councilman Swartz to approve the payment request in the amount of $1 ,700.00 to Governmental Service Agency, Inc. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor , Councilman Akin - in favor. Councilman Swartz - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor. /© STATUS REPORT ON WASTEWATER COLLECTION SYSTEM, IMPROVEMENTS TO BROWN STREET AND IMPROVEMENTS TO MCCREARY ROAD: Mr. Ron Homeyer stated that there were two parcels of land that have not accepted the final offer for the right-of-way easements and these have been turned over to the attorney for condemnation, two easements are in the process of being signed and one is with TU Electric and it is almost complete. Staff had the sewer line relocated to bypass Chemical Recycling property, this should not be a problem or delay. Contractor was to have moved in already, but has not, his contract is in force and he is only hurting himself. Phase II of this project is ready and they should begin working there also. Mr . Homeyer stated staff is still trying to purchase the right-of-way for Brown Street . Staff mailed today a letter for an offer to purchase these right-of-ways. The letter gives the property owners fourteen (14) days to respond, if they do not respond, we will be back to Council to ask for condemnation. Councilman Akin wanted to know how many parcels of land. Mr. Homeyer said four lots, three belonging to the Kreymer family and one belongs to Ed Smith. North Texas Municipal Water District has said they will give their right-of-way to us. Construction should begin by June 1, 1990 . Mr. Homeyer stated that McCreary Road plans should be ready in a few days and County will be going out for bids soon. Construction could begin on McCreary Road within another month. CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to speak to the Council to come forward at this time, state their name and address for the record and to keep their comments to within five minutes. There were no speakers at this time. COUNCIL DISCUSSION: Councilman Akin said the downtown area is dark due to the fact the bulbs need to be replaced . Also there is a lot of snakes at Southfork, need to see what can be done about this, as there are a lot of kids playing outside. Mayor Trimble suggested we contact the school science group and see if they could help. Councilman Swartz wanted to know if staff has had anything from the Fire Department on working on the building code involving the trusses . City Manager Charles Norwood stated that the Fire Department has not gotten back with staff on this matter . Councilman Swartz wanted to know if the staff was about ready to start looking at easements for Hwy. 78. City Manager Charles Norwood said end of the year or early 1991 . Councilman Swartz said the Wylie Paper has stated the railroad crossing at Sanden Blvd. and and Highway 78 is being put in. Mr. Homeyer said the crossing signals are not • // scheduled to go up until April . Councilman Swartz asked Mayor Trimble why two Historical Commissions. Mayor Trimble said there is only one Historical Commission, and there is one Historical Society, which is a club. Councilman Messenger stated that WSA has mentioned they would like to have a work shop with Council on their agreement with the City. Councilman Messenger thanked Mr. Homeyer for the years he has given the City of Wylie. Councilwoman Stemple asked the City Manager if he would be able to get in touch with the school regarding the snakes at Southfork. Councilwoman Stemple thanked Mr. Homeyer for all his hard work. Mayor Pro Tem Naish asked Mr. Homeyer if he had a report from the State on the property in front of Western Auto. Mr. Homeyer said he has not been able to get in touch with the Highway Department. The Highway Department will say it is the City or owner' s responsibility. Mayor Pro Tem Naish wanted to know if the property just south of Century Business Park was going to get cleaned up. City Manager Charles Norwood said that staff is working on it. Mayor Pro Tem Naish thanked Mr . Homeyer and wished him well . Mayor Trimble recessed the open meeting and convened Council into Executive Session at 9:45 P.M. under the authority of Article 6252-17 , V. A. C. S. , Section 2 paragraph "g" Personnel Matters, (a) Municipal Court Judge; (b) resignation of Assist . City Engineer ; and (c) Board of Directors for Development Corporation Board of Wylie and Section 2 paragraph "e" legal matters for hiring Engineer for consultation of Public Works Facility. Mayor reconvened Council into open session at 10 :25 P.M. A motion was made by Councilman Akin to employ Jones and Neuse, Inc. as the engineer firm for consultation of Public Works Facility. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor. A motion was made by Councilman Messenger to accept Ron Homeyer ' s resignation as Assist. City Engineer . Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor. /00& A motion was made by Councilman Swartz to table the work session on the Personnel Regulation. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Messenger - in favor, and Councilwoman Stemple - in favor . This motion to table carried with all in favor . There being no other matters for discussion, a motion was made to adjourn with all in favor. Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary /3 PLANNING AND ZONING MEETING MINUTES March 19, 1990 The Planning and Zoning Commission met in regular session on Monday, March 19 , 1990 , 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. Members present were Chairman Brian Chaney, Vice Chairman Bart Peddicord, Cecilia Wood, Bob Skipwith, Bobby Jennings , Richard Eckman, and Jim Ferguson. Staff members present were Code Enforcement Officer Roy Faires and Secretary Candi White. Chairman Brian Chaney called the meeting to order. CONSIDER APPROVAL OF MINUTES OF THE MARCH 5 , 1990 MEETING. No corrections were made to minutes . Chairman Chaney stated that the minutes would stand as written . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF RE- ZONING 301 N. BALLARD/ 13/14/15 , BLOCK 3 OF THE BROWN AND BURNS ADDITION FROM SINGLE FAMILY TO B 1. Chairman Chaney stated that due to a conflict of interest on his part , he would have to abstain from this item in its entirety and turn it over to Vice Chairman Bart Peddicord . Chairman Chaney left the discussion. Cecelia Wood pointed out that the agenda did not list a public hearing . Mr. Faires stated that a public hearing is required and that it was announced in the paper but misprinted on the agenda . Vice Chairman Peddicord said that twenty-one (21) letters were mailed to property owners in the required area . Eight (8) were returned . According to those answered , there were two (2) in favor and six (6) against . Bill Lewis of 2614 S. Glenbrook in Garland, representing the Land Board , stated that the purpose of the re-zoning is to allow office space for the Land Board . After describing the six (6) rooms downstairs , Mr. Lewis advised that they wanted to use the office space behind the library room. There would be an entrance in the back, coming off Jefferson to alleviate any traffic congestion on Ballard and parking would be in the back. Mr. Lewis said that the location is attractive, there would be no traffic problem, and there would not be any deterioration to the area . Mr . Lewis stated that grass and flowers would be added and that would be an improvement to the area . Cecelia Wood asked Mr . Lewis how long the Land Board has owned the property. He answered one year . Ms . Wood also asked if the Land Board was aware of the zoning when they purchased the property. He answered yes. Ms . Woods asked if the Land Board knew they would require a zoning change . Mr . Lewis answered yes . Ms . Wood stated that usually people get zoning changed before building and wanted to know why that was not the case with the Land Board. Mr . Lewis explained that the Land Board, at the time, was in the middle of a law suit and it was not convenient . Ms . Wood asked Mr . Lewis what the office hours would be. He said that they would be regular office hours . The Land Board would be keeping all records there. Right now, they are scattered. Ms . Wood then asked a final question of why the Land Board was requesting B-1 rather than retail . Mr . Lewis stated that they did not want to sell anything. They feel that it would be a good buffer zone between B-2 Northside, Johnston' s and the residential area. The property will stay like it is except grass and trees would be added . Jim Ferguson asked Mr . Lewis a follow-up question on why the Land Board spent money on the property before re-zoning . Mr . Lewis answered that the intent of the Land Board was to use the property for business. Mr . Ferguson stated that they intended to use it for something it was not zoned for . Mr . Lewis stated that that was correct . He did not see any problem with that since the property had not been changed and only improved. Mr . Ferguson asked again why the Land Board had not tried to re-zone the property before they purchased it. Mr. Lewis stated again that they had been involved in a law suit and they did not think that that was a good time to see the Planning and Zoning Commission. He felt that it would put undue pressure on the Planning and Zoning Board as well as the Land Board . Mr . Ferguson asked that since the Land Board had stated that one portion of the building would be used as an office, what was the rest of the building designated for? Mr . Lewis stated that they do not have any specific plans at this time. He advised that only one other room could be used as a one or two desk office. They really do not know for sure until the re-zoning is decided . Mr . Lewis stated that they did not want a lot of people in the building . They do not see selling anything . Bobby Jennings then asked Mr . Lewis , if in fact , he foresaw someone else sharing that building with them in the future. Mr . Lewis said there was a chance but it would be a low impact business . Ms . Wood asked Mr . Lewis if this building would be considered a privately owned building or a public type Z building . Mr . Lewis said it was privately owned but would still be used publicly. He said that different organizations would be welcomed to use it . Mr. Jennings asked Mr . Lewis if it would be used by these organizations after 5 :00 in the evening . Mr . Lewis answered yes but the building is situated where it would not disturb anyone else. Mr . Jennings asked how many parking spaces were on the property. Mr . Lewis answered fifteen (15) . Vice Chairman Peddicord asked Mr . Faires if that number met the requirement of B-1 zoning. Mr . Faires answered that it depended on how many square feet of office space they had . Mr . Faires presumed that with the space Mr . Lewis was describing , fifteen (15) parking spaces would be ample. Vice Chairman Peddicord asked if anyone had any more questions for Mr . Lewis . No one did . He then asked if anyone else would like to speak for the re-zoning . Jim Swartz spoke for the re-zoning . Mr Swartz stated that there was a lot of money tied up in the building . He said that if the building remained residential , there was no way the house could be sold . He would like to hope that money could somehow get back out of the house for our children. Vice Chairman Peddicord asked if anyone would like to speak against the re-zoning . James L. Parker of 306 N. Ballard stated that he was against the re-zoning because he wants the block to remain zoned residential . He wanted to speak tonight to say again that he is against it . Vice Chairman Peddicord stated that Mr . Parker' s letter was item number six (#6) . Mr. Jennings asked if Mr. Parker lived across the street from the property. Mr . Parker answered that he did . Vice Chairman Peddicord asked if anyone else wanted to speak against the re-zoning . Marie Dillehay of 307 N . Ballard said she lived right next to it and did not think it should be used for business . It should stay like it is . Rita Smith of 401 N. Ballard stated that she had sent her letter in. Ms . Smith felt that Mr . Swartz had made a good point . Ms . Smith said that her point was to find a buyer and then ask for re-zoning . She did not know if changing the zoning now would help get the money back to where it belongs . Ms . Smith stated that she too wondered why re- zoning was not attempted before the purchase of the property. Ms . Smith stated that she had spent her own money on Ballard and did not want it used as anything but home. Ms . Smith said that she did not want her home to made commercial , that this was the old part of town and it should be left as residential . Vice-Chairman Peddicord closed the public hearing and asked the staff for their recommendations . Mr . Faires clarified the parking requirements . These requirements are set out very specifically in the zoning ordinance. Any encroachment on parking will be dealt with severely regardless of who the person is or the entity is that does that . In the event that they try to put more into this building than they have parking for , they will be cited the same as any citizen . That is for sure. Mr . Faires also spoke on the subject of other re-zoning in the block. Except in very rare cases, your property cannot be re-zoned without your request . This particular re-zoning of this particular property will have no bearing on the zoning of your particular property. Unless you or your heirs request it , your property will remain as you have it . Mr . Faires stated that while this is a controversial subject , after reviewing the application, the Planning and Zoning Commission would have to decide whether commercial growth should move north toward Brown and Ballard or south. Mr . Faires said he felt that the Planning and Zoning Commission could make a positive step for the future. Mr . Faires pointed out that the sales tax had been raised to fund an economic development board and that access to a building, such as the one the Land Board has proposed, would be received well by prospective industries coming into the area . Mr . Jennings stated that the zoning ordinance had a section under single family that allowed for public buildings such as libraries and schools. He asked if it was really necessary to change the zoning of this property. Mr . Faires advised that the Land Board was a private trust and could not be considered as a public building . Mr . Jennings stated that he had mixed feelings about this property. He stated that he felt sympathy for those residents but also felt that the property is an asset to the city as well in its current condition. Mr . Jennings advised that he was a little miffed as to why the Land Board did not come before this Board when the house was purchased knowing full well that the house was to be used as an office at that time. Mr . Jennings stated that he was not sure where he stands on this issue yet . Ms . Wood brought up the section of the zoning ordinance under single family, specific uses public and private and wanted to know if this property could be classified under this . Mr . Faires answered none of those. Ms . Wood asked what does the land use plan have for this . Mr . Faires said that the land use plan is for property outside the city and not within it . Ms . Wood asked if the Land Board was applying for a B-1 which permits outside sales . Mr . Faires answered no, B-2 permits outside sales . The Land Board is asking for a B-1 which permits limited outside storage. Ms . Wood wanted to know why they do not just apply for retail if it will just be offices. Mr. Faires said that with B-2 across the street , it would be a natural transition from B-2 to B-1 . Mr . Faires added that they would fit under retail with their proposed use and that was an option for this Board . It could be used to restrict the activity at the location. Ms . Wood then asked if they would have to have a six (6) foot fence. Mr . Faires said yes they would around the rear and between the residential . To not have one would be an offense . Bob Skipwith stated that the timing of the request bothers him. He stated that he could not imagine any business man spending the amount of money that has been spent on this property and not bringing it before the city beforehand . Mr . Skipwith was also concerned that if this Board and the City Council approves the B-i zoning, it would then be out of our hands . That as long as they had the parking , they can put as many offices as they want in the building . If someone else were to buy it , they could do what they wanted to as long as it was within the B-1 zoning . Mr . Skipwith asked if this was spot zoning . Mr . Faires answered that is was not . He added that this would have bothered him if it went retail because if the balance of the block had gone into heavier zoning then this would have been spot zoning . That is one reason to go for B-1 instead of retail because of the possible future spot zoning case . Mr . Skipwith stated that he was concerned that the citizens of Wylie were led to believe that the building was being restored for the good of Wylie and now they want to put offices in it. He felt that this Board is looking at Wylie as a whole but he also feels bad for the residents around this home. He also said that he would feel sorry for the Land Board if this Board did not approve the re-zoning after so much money was put into it . Mr . Skipwith stated that it /8 was hard for him to recommend that the zoning be changed for these reasons . Jim Ferguson said he felt that when any entity purchases property and intends to change the use of the land , they should follow the rules of the community and the city in which they plan on doing business . Mr . Ferguson stated that he had a lot of concern for those citizens who sent their letters in and came to the meeting. This has been their homesteads for many years . He stated that his understanding is that if the zoning was changed on this property, it would not affect the other homes in the • area for zoning now or for your heirs or even if they sold to somebody else as residential . The city needs to decide if commercial use north of Jefferson is imminent and best for the city. It is a hard decision especially since this has become a political football instead of a simple zoning request . Vice Chairman Peddicord stated that he also thought the timing was bad but that a decision now had to be made. It was his opinion that the commercial growth would extend to the north whether the decision was made now or in the future. He said that he felt that the decision should be made that would benefit all the citizens of Wylie. He stated that this property re-zoned would be a great asset to the community and would be beneficial in bringing new business to the city. Ms . Wood sated that she was concerned about the growth of the business district going north. She stated that she had no problem with the property being used as described but if the zoning was changed to B-1 , we could have Morris' mob Motorcycle shop in their next week and we could not do anything about it . Ms . Wood said that she felt that that would not be fair to those residents in the area . Bobby Jennings asked Mr. Faires if this Board were to recommend to the City Council , could we place restrictions on the hours of business . Mr. Faires answered that it was not allowed in the zoning ordinance. You could recommend B- 1 , retail , or denial to council . Mr . Jennings stated that the request was commendable as Mr . Lewis and the Land Board were allowing meetings to be held in the building , but he was concerned about meetings being held late at night with cars all around. Mr . Jennings also stated that he thought this proposed use fit better under retail . Ms . Woods motioned for a recommendation that the request be denied . Mr . Skipwith seconded the motion . Mr . Skipwith added that he felt that the proposal would hurt the long time citizens of the area . Vice-Chairman Peddicord took vote. Motion was carried to deny recommendation of re-zoning four to two. Chairman Brian Chaney took over the meeting . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF A SPECIFIC USE PERMIT FOR OUTSIDE PLANT SALES AND OUTSIDE SALE OF FEED AND SEED, ITEMS IN CONJUNCTION WITH THE FEED AND SEED STORE AT 207 N. HWY. 78/ LOTS 1 AND 2l BLOCK 20 OF THE RAILROAD ADDITION. Mr . Chaney stated that a one (1) year specific use permit was issued last year. The heighths and types of materials and the placement of those materials were outlined because of fears of blocking of line of vision to vehicles and parking problems . Chairman Chaney opened the public hearing . He asked if anybody wished to speak for this item. No one did. He asked if anybody wished to speak against this item. No one did . Chairman Chaney closed the public hearing and brought it to discussion of the Board . Chairman Chaney asked Mr . Faires if the staff had the plan that was approved last year . Mr . Faires stated that he did not but that everything had been close to compliance to what the Board had requested last year . Chairman Chaney read into the record that of the seventeen (17) letters that were mailed out , one was returned and it was in favor. Mr . Skipwith asked if part of it was for limited outside sales . Chairman Chaney answered that this was just a renewal . It had to be limited to eighteen (18) months if it was temporary or leave it as is until the business ceases to exist . Mr . Skipwith stated that he had been by the business and he was pleased . Vice-Chairman Peddicord stated that he has noticed a number of vehicles for sale on the property and does not feel it is within the requirements of the specific use permit . Chairman Chaney stated that if the Board wished to approve this item, the stipulation could be made that he could not sell used vehicles out there. Chairman Chaney stated that he personally believed that Mr . Pool had taken good care of it and kept it organized. Vice- D Chairman Peddicord stated that he did not have a problem with it as long as he kept the used cars for sale off of it . Chairman Chaney asked if the Board wanted to grant the item for eighteen (18) months or grant him a specific use and not require him to re-file as long as he retained ownership. Mr . Skipwith stated that since Vice Chairman Peddicord brought up the used vehicles for sale on the property that the Board should give him another limited time so that the Board could control this aspect . Mr . Skipwith motioned for a recommendation that a specific use permit be extended for eighteen months . Vice Chairman Peddicord seconded the motion . The recommendation passed with all in favor . GENERAL DISCUSSION. Chairman Chaney asked if anyone had anything to discuss . Mr . Jennings thanked everyone for coming to the public hearing. He stated that he felt the house on Ballard had enhanced the look of Ballard St . He could not vote for recommendation at this time because he felt that the residents in the area had too much invested and he could not go against their wishes . Ms . Wood stated that it was nice to have people at the meeting besides the Board . She felt that the house on Ballard is also an asset to the community and that someday it may be used as an office. Ms. Wood asked about the status of Freeman Millican who came and talked to the Board about some capital improvement things. Mr. Faires stated that it was an impact study and they were still studying . Ms . Wood saw in the paper that Morrow put in a yard and Council approved . She wanted to know why he did not come through the Board. Mr . Faires stated that the Council did not require that he do so . Mr . Jennings stated that he thought that Council wanted it to come back to the Board to see if that use was appropriate. Chairman Chaney stated for the record and for those present that the Board is strictly an advisory board. When the Board denies an item, it will take seventy-five percent (75%) of the Council to approve the item unless it is brought before the Board again for a new hearing . Vice Chairman Peddicord asked what had happened to the Emergency Procedures program. Chairman Chaney stated that Mr . Faires has several pamphlets to look at. The problem is more involved than the Board first thought . 672 / Mr . Faires stated that he did have a group of pamphlets in the city hall . Mr . Ferguson thanked everyone for coming tonight . He stated that the decision made tonight was a hard one to make. He also mentioned that he had not had the opportunity to do much on the landscape ordinance. Mr. Ferguson also stated that sometime in the near future we may be able to look at excusing the downtown area from all ordinances . Mr . Skipwith thanked everyone for coming out also . He stated that it might be a good idea to show up before the City Council whether you are for it or not . It is not final until the City Council votes on it . ADJOURN. The motion was made for adjournment by Cecelia Wood and seconded by Jim Ferguson with all members in favor . Brian Chaney, Chairman Respectfully submitted , Can i White, Secretary C PARK BOARD MEETING MINUTES MARCH 15, 1990 The City Of Wylie Park and Recreation Board met in a workshop session Thursday, March 15, 1990 at 7: 15 p. m. in the council chambers at the Municipal Complex. Those present were Chairman Joanie Zeeb, Board Members B.J. Upshaw, Bill Burge, and Ronald Braswell , City Manager Charles Norwood, Public Works Superintendent Don White, and Secretary Lisa Keith. Cheri Albin and Bryan Glenn were absent. Board Member Bill Emsoff had previously resigned. Chairman Zeeb called the meeting to order and introduced new member Ronald Braswell . DISCUSSION OF ATTENDANCE AND MEETING SCHEDULES: Chairman Zeeb informed the board that Cheri Albin would also be resigning from the board. Joanie Zeeb talked about poor attendance and the need to have people serving on the Park and Recreation Board that want to be here. Joanie Zeeb said she felt it necessary to have more than one meeting per month and requested that at the next regular session they voted on having two regular session meetings per month. All board members that were present indicated that they were in agreement with this proposal . When asked by Joanie Zeeb if any people have volunteered to serve on the Park Board, Charles Norwood stated that people selected for particular boards should have an interest in that board. I think a different procedure should be followed. This board should go out and seek two new members, and you should recommend to City Council who you want on the board and talk to these people and let then know what you expect and what commitment they will have to make if they become a member of the board. B. J . Upshaw said he knew of a parent member of W. S. A. who is a park and recreation major that may be interested. He said that he would confront her with the possibility. Charles Norwood suggested that they get a list of names, a brief resume' , and get together and choose which two you would select for the board. You need to form a blue ribbon board, who are go getters with a well rounded interest. 3 Ronald Braswell asked if the newspaper advertisement could go into more detail of the desired requirements. Charles Norwood said, why doesn' t each member of the board suggest someone, plus put the ad in the newspaper. The City of Wylie will turn over the names to you for interviewing at the next meeting. In the past we have advertised in the paper, the names were submitted to City Council , and they appointed the member. Joe Helmberger (was present at the meeting to actively participate and assist the board) suggested that the board set a date to meet with each one of the applicants. Can we invite these people to the next meeting. . The board requested that the city run an ad in both local newspapers instructing them to contact city hall , by a certain date, if interested in serving on the Park and Recreation Board, and to place on the next regular session agenda the business of briefing possible candidates and have them approach the board. Charles Norwood said, I think you will find that you have a quality board if you do this. I do suggest that a Park Board member make your recommendations, in person, to City Council , for two desired selections, at the April 10th council meeting. The board requested that Joe Helmberger be voted in as an ex-official , non voting board member at the next meeting. He is unable to serve on the park board as he lives just outside the city limits, but is willing to assist the board in any way that he can. Don White expressed to the board that punctuality and promptness of arriving at meetings on time is a priority, and that he would only delay the meeting for a maximum of ten minutes if a quorum is not present. Joanie Zeeb expressed her disagreement of the three consecutive meetings absence rule set forth in the home rule charter , and suggested that it be changed. After some discussion the board appeared to be in agreement that three unexcused absences per year would be more acceptable than the existing rule. The board requested that this item be placed on the next agenda for a vote. -• (2 DISCUSSION OF "WALK FOR WYLIE PARKS" FUND RAISER PROJECT: Joanie Zeeb said, we are trying to raise money for the parks. We will need to select a name for the fund raiser. A route must be chosen and we will try to get all the school kids, grade school , middle school , and high school , to compete and give trophies. If we go at this right, we should be able to raise between $25, 000 and $75, 000. There are 2, 400 kids in school . If each one brought in $10 that would be $24, 000. Joe Helmberger asked if they got pledges for so much money per mile, and stated that he felt a goal of $75, 000 was a hefty amount for a walk. Charles Norwood said, you have to be realistic. I would be totally satisfied if we got $10, 000. That is a very . realistic goal . Joe Helmberger said, maybe this could be done in conjunction with Jubilee Week. Joanie Zeeb said, we would miss the schools, though. I think the schools involvement is important. Don White suggested, because Jubilee Week is a big event in Wylie, that the board get with the Chamber of Commerce and figure out a way for the participants of the walk to begin the walk by falling in at the end of the parade, and have the route go directly to Community Park. I think it is about a mile and a quarter from downtown to the park. Joe Helmberger made a suggestion of having a separate fund raiser at the Jubilee this year if there is not enough time to organize the walk before then. Joanie Zeeb brought up a suggestion made in a previous discussion about buying t-shirts and selling them for a profit. B. J . Upshaw suggested that other items such as necklaces, patches , or caps be incorporated as selling items. Joanie Zeeb said that one month prior to the day of the event the project needed to be circulated through the schools. Let the kids know about it and supply them with pledge sheets. We could set a goal such as $25. 00 of pledges means that they earn a t-shirt. Get them to collect the money in advance. B. J. Upshaw stated that he was in agreement• of collecting the money first because then the kids would definitely participate in the walk to get the t-shirt. Charles Norwood brought to the boards attention that they have to remember that if a kid raises $25. 00 and gets a t- shirt, then they want to immediately wear the shirt to school , other kids would see it and want to get one. B. J. Upshaw said, I think if you have the t-shirt goal you will have more interest. Charles Norwood said that you also have to encourage them to walk. Joe Helmberger said, let' s set a target date for two weeks before school is out. B.J . Upshaw said, if we have them get donations for the park and after so many donations give them a t-shirt they . most likely won' t participate in the walk. My idea is to get everyone out to the parks so they can see them. We need to have check point station boothes set up possibly by companies in the city and give a trophy to the best decorated booth. They could walk from Community Park to Kirby Park. Give the t-shirt after the walk and have boothes set up along the way. Have other events going on in the park at the same time. I suggest doing a whole event thing instead of just the walk. I know our goal is to raise so much money for the big park, but we have two other parks to also think about. Kirby Parks playground equipment needs to be reworked. We need to get everyones interest, we can do that by having them walk to that park as part of the route. B. J . Upshaw suggested putting one of the t-shirts on display at each school and as each kid earns a shirt put their name in the window. Ronald Braswell said, I think we also need to have t-shirts at the park to sell . Charles Norwood said, what if you had a volleyball match where teams enter for "X" number of dollars. You can create all kinds of interest. Set up a tournament with and entry fee. The city could have a team, Sanden, Extruders, Chamber of Commerce, etc. Joanie Zeeb instructed each board member to submit two suggested games at the next meeting that could be included in the fund raiser. Charles Norwood suggested that the board get several of the organizations in the city involved in this project and use them as the nucleus to get this thing going. Invite them to participate and meet with them to discuss the program. Joe Helmberger suggested that the walk event be moved to September or October and to have a different event during Jubilee week. The board was in agreement to meet with three organizations at a workshop meeting to include the Chamber of Commerce, W. S.A. , and the Wylie Womens League. B.J . Upshaw asked if anyone had approached Sanden about sponsoring the t-shirt purchase, with their emblem on the back. Joanie Zeeb suggested that we originally order 2, 000 t- shirts in various sizes from a local source. Then if more shirts are needed we could re-order and get them fairly fast. Ronald Braswell said he had a friend who worked at a sports store and that he would see what he could do on getting a good price. Joe Helmberger suggested having an emblem contest through the schools for the t-shirt design. Convey the theme to them. Joanie Zeeb informed Ronald Braswell that he needed to select a park related project goal to work towards. There being no other business or discussion the board adjourned with all in favor. Joanie Zeeb, Chairman Respectfully Submitted, Lisa Keith, Secretary 621 Stoneybrook Drive Wylie, Texas 75098 March 13, 1990 Joanie Zeeb Chairperson Wylie Parks Board Municipal Complex 2000 Highway 78 Wylie, Texas 75098 Joanie, Please accept my resignation from the Wylie Parks Board effective immediately. I have been transferred by my company, GTE, to Westfield, Indiana. I would like to thank the City of Wylie for the opportunity provided to serve on the Parks Board. Sincerely, Bill L. Emsoff cc: Charles Norwood City Manager vWylie City Council APPLICATION TO Board of Adjustment and Appeals (Building) ORDINANCE 83-15 . Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 Planning and Zoning Commission ORDINANCE 81-5 NAME Tyr, v E:,M,-.'77�,y� /c�lY„�✓., r7 L us ADDRESS 3D/ /1', al�h-� LOT / 3 ) /4) is-- BLOCK , 3 SUBDIVISION Fraw✓► bur✓I-S BASIS OF APPLICATION: II Interpretation ISpecial exception for use or development ElVariance 121 Rezoning [11 Exception to Building Code EXPLANATION: P.s ,11 1v� ca',""1 5 F. 6 II / fa �(Stt7wl P✓ ,' C ,`7/ ✓L��oY y ` I,,� i `��1 f qk ee , m. SIGNITURE of APPLICANT 2 c-,(:-/ C. , DATE ) [ 'fi • Must be accompanied by filing fee of $ fro • PkW*01 4 &i1(f1;/.//1? . (Alf? . 7929 Received: Oate: ?^'' ill-- 9 CODE ENFOR ENT OFFICER 31 I7 10 1 38 2 • • '. .30 16 .••. '•� • 1 8 •.+'I . 1 703 29 0)15 I 6 . I 37 W 7 4 28 14 I- • ; • • � .o 27 13 6 5 s ••STR JEFFERSON F t %1 • % 12 10 I 36 %.r 25 2 10 9 0 2 9 6 e 1 i8 3 I 24 •• I .S . 7 ':••t. 6 4 35 .3'•••• 7 5 •94%s�''�'2 6 5 • 3 STREET 0 ac 5 4 0 1 ( )34 21 2 20 1 Q 17 1. •• ..•.• 2• 15 S. �.• •..• -••: 8 3 e .•.14. 3 I 14 • f•••'. • I Z �'�.• 4 I ) 13 0 , ..Dose 3 U 13 5 II 4 4 6 5 4 12 7-, 10 8 9 9 . 8 7 E 5 11 10 STREET OAK • APPLICATION TO n Board of Adjustment and Appeals (Building) ORDINANCE 83-15 . Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 Planning and Zoning Commission ORDINANCE 81-5 NAME Ake-- �v/0/64 G ADDRESS 4 7 il / 7 7g l(/ 'c 77" 7SO9P LOT / c 2 BLOCK , -20 SUBDIVISION ,' /L,l'W 4.0/7-70A.1 BASIS OF APPLICATION: 1 I Interpretation 1 1 Special exception for use or development Variance DRezoning aException to Building Code EXP\LAXATI ON: 4---TA/t. 607-Sick= AA2A/7 .c. ccs - ( ! (OT3/O .A e of ,q c 5 2 /7z7n5 /,if CC,/, ..,i-a-,Ofr ' 4)//7f A ,' 1 A4/6 15,6-r i 3 e (//1/ :4 4 - / ?o•c/65-- y SIGNITURE of APPLICANT :4!?C e l� DATE 02 —/5' )'' 2 ' . Must be accompanied by filing fee., of S/OO,S' . Ral/,vi 2s 0:iii?7 r-g' 1/4f-/110 V . 7 4 .4 Received: r e, -„,;„-i Date: r— 7/f" $ O • '4 CODE NFORCEMENT OFFICER j 2 Z I 3 I. 4 • MAW It 12) Al I` 7 /� 5 ' AMR. I I: A 9) G�AkP Ili � 1— 'c' X\ 8 7 3 W 12 11 P. 9 -c4 10 co 0, .SP — 5 . . `9°' MAS' .i .' ill 814 9 8 7 6 5 4 3 2 I 9 $ 0 18 32 I e 0 AIIIII 6 10 17 W IC 16 cn 15 7 I I I 16 ' II 14 I I- I j V) 13 8 CC 12 15 12 12 II 9 13 14 13 10 BUTLER i I I I 19 2 20 2 2 2 - 3 21 3 3 3 _ 4 22 4 4 4I I- I Li I I W 5 5 23 s 5 I Fr I l • -- • . 3 s RESOLUTION NO. RESOLUTION OF THE CITY OF WYLIE, TEXAS TO PROVIDE FOR THE PROVISIONS FOR THE CITY MANAGER TO HAVE THE AUTHORITY TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS WHEREAS, The City of Wylie Police Departmentanhasd ein the e past provided supplemental patrol City Ordinances, if applicable, on U. S. Government property which lies within the City Limits of Wylie; and, WHEREAS, The City Council of the City of Wylie is hereby authorizing the City Manager to act on behalf of the city of Wylie and execute the said agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 The City of Wylie Police Department and the U. S. Army Corps of Engineers shall enter into an agreement whereby the Police Department will provide supplemental patrol and enforce City ordinances, if applicable, on U. S. Government property. SECTION 2 The City of Wylie Police Dep rtmentolwill seek grants to fund these supplemental s . DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS VON THIS HTHE I27THO DAY I O OFMARCH, 1990 . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary J3 MEMORANDUM DATE: March 21 , 1990 TO: Charles Norwood, City Manager FROM: Jim Gilmore, Chief of Police RE: False Alarms For Year 1989 During the year of 1989 , January 1 , 1989 through December 31 , 1989 , the Police and/or Fire Department responded to the following false alarms : Business : 176 (Banks not included) Residential : 61 Fire: 69 ( Includes 63 Business and 6 residential responses) Banks: 61 Vehicle: 4 Total False Alarms: 371 Police Officers expended approximately seventy-four (74) hours on false alarms during the year . The following locations have alarms that are received directly in police communications : Provident Motor Bank - Thirty (30) of the sixty-one (61) Bank false alarms were received from this location. Provident Main Bank - Two (2) of the sixty-one (61) Bank false alarms were received from this location . American National Bank - Twenty-nine (29) of the sixty-one (61) Bank false alarms were received from this location . Physicians Regional Hospital - Forty-nine (49) of the sixty- nine (69) false fire alarms were received from this location. Hillcrest Manor - Six (6) of the sixty-nine (69) false fire alarms were received from this location . JRG/krh ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING REGULATIONS FOR THE USE AND OPERATION OF ALARM SYSTEMS WITHIN THE CITY; PROVIDING DEFINITIONS, REQUIRING A PERMIT OF ALARM SYSTEM USERS; PROVIDING FOR ISSUANCE OF PERMITS; PROVIDING SERVICE CHARGES FOR FALSE ALARMS ; PROVIDING FOR DENIAL AND SUSPENSION OF PERMITS; REGULATING ALARM REPORTING AND OPERATION; PROVIDING FOR PROTECTION OF FINANCIAL INSTITUTIONS, ORDAINING OTHER MATTERS ON THE SUBJECT; AND PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE WHEREAS, The City of Wylie is concerned about the needless expenditure of tax dollars and with reducing the risk associated with emergency responses by the Police and Fire Departments to false alarms; and WHEREAS, The City of Wylie has become increasingly concerned about the growing number of false alarms answered by the Fire Department and Police Department; and WHEREAS, any regulations established should not inhibit the reporting of fire alarms in high-risk loss of life facilities in the City of Wylie; and WHEREAS, the Police and Fire Chiefs of the City of Wylie, have determined the necessity of establishing regulations for the use and operation of alarm systems within the City, and have recommended the establishment of such regulations, which recommendation by the City Council hereby approves and adopts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT SECTION 1 The following words and terms, as used herein, have the meaning respectively ascribed to them, as follows : 1. ALARM SYSTEM means a device or system which emits, relays or transmits a signal intended to summon police, fire or emergency medical services of the City in response to an emergency. The categories of alarm systems are robbery, burglary, fire, emergency medical assistance, and emergency assistance. Alarm system does not mean an alarm installed on a vehicle, unless the vehicle is being used for a habitation and is permanently located at a site, nor an alarm designed to alert only the inhabitants within a premise, but does include an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure. 2. ALARM SITE means a premise or location served by an alarm system. 3. BURGLAR ALARM NOTIFICATION means notification intended to summon the police, which is initiated or triggered by an alarm system designed to respond to a stimulus characteristic of unauthorized intrusion. 4. CITY MANAGER means the City Manager of the City of Wylie, or his authorized representative . 5. EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION means an alarm system intended to summon emergency medical assistance. 6. FALSE BURGLAR ALARM NOTIFICATION means a burglar alarm notification to the police, when the responding police officer finds there is no evidence of unauthorized intrusion or attempted unauthorized intrusion at the alarm site. 7 . FALSE EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION means an emergency medical assistance alarm notification to the Ambulance Service, when the responding Ambulance personnel finds there is no evidence of need for emergency medical assistance at the alarm site. 8 . FALSE FIRE ALARM NOTIFICATION means a fire alarm notification to the Fire Department, when the responding Fire Department personnel finds there is no evidence of a fire or smoke having occurred at the alarm site. 9. FALSE ROBBERY ALARM NOTIFICATION means a robbery notification to the police , when the responding police officer finds there is no evidence of a robbery or attempted robbery at the alarm site. 10. FIRE ALARM NOTIFICATION means a notification to the Fire Department intended to summon fire- fighting forces, which is initiated or triggered by an alarm system designed to react to any of the visual or physical characteristics of fire. 11 . FINANCIAL INSTITUTION means an institution required to have an alarm system by the provisions of the bank Protection Act of 1968 (12 U .S.C. & 1882 , as amended) . 12 . LOCAL ALARM means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure. 13. PERSON means an individual, corporation, partnership association, organization, or two or more persons having a joint or common economic interest. 14 . ROBBERY ALARM NOTIFICATION is a notification intended to summon the police when a robbery occurs by means of an alarm system designed to be purposely activated by an individual. 15. EMERGENCY ASSISTANCE ALARM means any automatic notification other than those previously defined which summons emergency assistance from the City of Wylie. 36 16. PERMIT HOLDER means the person who is designated in the application for an alarm permit as the Permit Holder and who will be responsible for the proper maintenance and operation of the alarm system and payment of fees levied or assessed under this Ordinance. 17 . CHIEF means the Chief of Police of the City of Wylie, or his authorized representative. 18 . ALARM NOTIFICATION means a notification intended to summons the police, fire, or emergency medical services of the City of Wylie in response to an emergency. 19 . FALSE ALARM NOTIFICATION means an alarm notification to the police fire or emergency medical service of the City of Wylie where the responding city officer finds no evidence of an emergency at the alarm site. SECTION 2 1. A person commits an offense if he installs, operates or causes to be operated an alarm system without first obtaining a permit from the Chief. A separate permit is required for each alarm site and each type of alarm system as hereinabove defined at each site. 2. Any person operating or causing to be operated an alarm system on the effective date of this ordinance must apply for a permit within 30 days after the said effective date. 3. Upon receipt of the required fee and completed application form, the Chief shalisue has hermiad t to an applicant unless the applicant alarm permit for the alarm site revoked or suspended and the violation causing the revocation or suspension has not been corrected or the application does not comply with the provisions of this Ordinance. 4. Each permit application must contain the name, address, and telephone number of who will be the Permit Holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees or charges levied or assessed under this Ordinance. Each permit application must also contain the name, address and telephone number of at least two (2) persons who have agreed to receive notification from the Wylie Police Department or the Wylie Fire Department when they have received an alarm notification and who are responsible to come to the alarm site within twenty (20) minutes after receiving such notification. 5. An alarm permit cannot be transferred to another person. However, the persons designated to respond and come to the alarm site after being notified by the Wylie Police Department or the Wylie Fire Department of an alarm notification may be changed. A Permit Holder must inform the Chief of any change that alters information listed on the permit application within three (3) business days. No fee will be assessed for such changes. J 6. Any false statement or misrepresentation of a material fact made by an applicant for the purpose of obtaining an alarm permit or renewal, or the purpose of making a change thereto, shall be sufficient cause for refusal to issue, revocation or suspension of a permit by the Chief . 7 . A person, other than a permit holder , commits an offense if he intentionally causes a false alarm notification to be emitted, relayed or transmitted to the police, fire or emergency medical services of the City of Wylie or intentionally reports a false alarm notification to the police, fire or emergency medical services of the City of Wylie. SECTION 3 A non-refundable fee of $20 .00 per year is required for each commercial permit or renewal of a commercial permit. A commercial permit is issued for the balance of the calendar year and must be renewed on or before December 31, each year thereafter by the submission of an application and payment of the commercial permit fee and any service fees that have been assessed . It is the responsibility of the Permit Holder to pay the renewal commercial permit fee and service fees , if any , prior to the expiration date of the permit. Although a permit is required for private residences , no fee will be charged. SECTION 4 1. If after four (4) FALSE BURGLAR ALARMS in the twelve (12) month period immediately preceding any false burglar alarm, the Permit Holder shall be assessed a service fee of $50 .00 for such false alarm. 2 . If after two (2) FALSE FIRE ALARMS in the twelve (12) month period immediately preceding any false fire alarm, the Permit Holder shall be assessed a service fee of $100 .00 for such false alarm. 3. If after two (2) FALSE ROBBERY ALARMS in the twelve (12) month period immediately preceding any false robbery alarm, the Permit Holder shall be assessed a service fee of $200 .00 for such false alarm. 4. If after two (2) FALSE MEDICAL ASSISTANCE ALARMS in the twelve (12) month period immediately preceding any false medical assistance alarm, the Permit Holder shall be assessed a service fee of $50.00 for such false alarm. 5. If after two (2) FALSE EMERGENCY ASSISTANCE ALARMS in the twelve (12) month period immediately preceding any false emergency assistance alarm, the Permit Holder shall be assessed a service fee of $50 .00 for such false alarm. 6. A Permit Holder must pay any service fee assessed under the provisions of this section within 30 days after receipt of notice that it has been assessed by the Chief. SECTION 5 The Chief makes the determination whether an alarm notification is false. The determination of the Chief in classifying an alarm notification as false is final unless the City Manager, at the appeal hearing, reverses the Chief' s decision. • SECTION 6 A Permit Holder shall not allow his alarm signals to be reported through a relaying intermediary person who does not meet the requirements of this Ordinance. SECTION 7 1. A Permit Holder or person in control of an alarm system must: a. Adjust or modify the sensory mechanism of the alarm system to suppress false indications of force so that the alarm system will not be activated by impulses due to: (1) transient pressure changes in water pipes; (2) flashes of light; (3) wind noise caused by the rattling or vibrating of doors or windows; (4) vehicular noise adjacent to the installation; and (5) other forces unrelated to actual emergencies; and b. Maintain premises containing an alarm system in a manner that insures proper operation of the alarm system 2. A person in control of a local alarm must: a. Adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than 30 minutes after activated; b. Display in a prominent exterior location an identification notice provided by the Chief . c. Come to the alarm site within twenty (20) minutes after receiving a request from a member of the Wylie Police Department or the Wylie Fire Department to do so and grant access to the alarm site and deactivate the alarm if necessary. 3 . In the event that a mechanism sounds an alarm signal for longer than twenty (20) minutes after being activated, the Chief or the Chief of the Wylie Fire Department or his authorized representative are authorized to disable the alarm. All costs of the City of Wylie in disabling such an alarm signal shall be assessed to the Permit Holder or person in control of the alarm system and shall be paid to the City of Wylie within thirty (30) days after the Permit Holder or person in control of the alarm system has received notice that said cost had been assessed. 4 . An application for a permit under the provisions of this Ordinance constitutes a grant of approval by the Permit Holder or person in control of the alarm system for the City of Wylie to deactivate the local alarm system under the provisions of this subsection. SECTION 8 A person in control of a local alarm or alarm system that causes an alarm notification to be sent directly to the City of Wylie shall adjust or modify the mechanism so that upon activation of the system will transmit only one alarm signal and will not transmit another alarm signal without first being manually reset at the alarm site. SECTION 9 The Chief or Fire Chief of the City of Wylie or his authorized representative may inspect an alarm site and alarm system of a Permit Holder during regular business hours. If there is reason to believe that an alarm system is not being used or maintained in a manner that insures proper operation and suppresses false alarms, the Chief may require a conference with the Permit Holder or person in control of the alarm system to review circumstances of each false alarm. As a result of the conference, the Chief may require certain action be taken by the Permit Holder or person in control of the alarm system to remedy situation and if not have within a reasonable time, suspend or revoke the permit. SECTION 10 The Chief may suspend or refuse to renew an alarm system permit for failure of the Permit Holder to timely pay any assessed service fees. The Permit Holder may appeal the decision to the City Manager . SECTION 11 1. If the Chief denies the issuance of a permit or revokes or suspends a permit, he shall send to the applicant or Permit Holder by certified mail , return receipt requested, written notice of his action setting forth the reason for such action and advising the applicant or Permit Holder of the right to an appeal . The applicant or Permit Holder may appeal the decision of the Chief to the City Manager by filing with the City Manager a written request for a hearing , setting forth his objects to the action of the Chief, within ten (10) days after receipt of the notice from the Chief . The filing of a request for an appeal hearing with the City Manager shall state the action of the Chief in denying the issuance of or revoking or suspending a permit until a final decision on appeal is made by the City Manager . If a request for an appeal hearing is not made within the ten (10) day limit, the action of the Chief is final. 2. The City Manager shall preside at the appeal hearing and shall consider evidence offered by any interested person. The formal rules of evidence shall not apply at the appeal hearing. The City Manager shall make his decision on the basis of a preponderance of the evidence presented at the hearing . The City Manager shall render a decision within thirty (30) days after the request for an appeal hearing is filed. The City Manager shall affirm, reverse, or modify the actions of the Chief. The decision of the City Manager is final as to the administrative remedies with the City of Wylie. SECTION 12 A person who is engaged in the business of relaying alarm notifications to the City shall: 1. Send notification of an alarm to the City of Wylie by an individual; 2. Keep his business premises locked and secured at all times; 3. Allow an inspection of his business premises by authorized agents of the Police or Fire Chief of the City of Wylie at any time; 1 4 . Report alarms only to a telephone number, or numbers, designated by the City of Wylie; 5 . Send alarm notifications to the City of Wylie in a manner and form determined by the City; and 6 . Maintain sufficient staff to insure that valid alarms are relayed immediately to the City of Wylie. SECTION 13 1. A Permit Holder whose alarm system transmits automatic alarm notifications, other than alarm notifications from financial institutions, directly to the City over the normal telephone system shall: a. Transmit the alarm in the form and content specified by the City of Wylie; b. Transmit over telephone lines designated for such uses; c. Design his system so that it will notify the Permit Holder , or his designated agent identified on the permit application, when an alarm is transmitted to the city of Wylie; d. Furnish the City of Wylie with copies of the alarm operation procedures and sensor locations; and e. Furnish the name, address and telephone number of a licensed alarm company responsible for correcting any malfunction that may occur . SECTION 14 . 1. A signal line directly to the Wylie Police Department for the purpose of reporting burglaries and robberies shall be limited to Financial Institutions . If such installation is made, all other requirements of this Ordinance must be met. The financial institution shall execute a Letter of Agreement with the City of Wylie permitting the installation of all necessary equipment on an indicator panel monitored and located in the communications division of the Wylie Police Department. The installation must be accomplished at the institution' s expense. 2. The Agreement shall contain provisions granting a right of inspection to the Chief and requiring payment of an annual , non-refundable fee of $20 .00 for each indicator installed. The rights of a financial institution under such Agreement with the City are not transferable. In addition to the matters set forth hereinabove, the Agreement shall include, but not be limited to, the following: a. The Chief, upon notice and reasonable time, may inspect the alarm system at the alarm site eand require necessary repairs or improvements. In o event shall the City of Wylie become liable for charges for repairs or improvements of any alarm system. If the Chief finds that the alarm system fails to comply with the requirements of this ordinance, he may terminate the privilege to have equipment and indicators in the communication center of the Wylie Police Department and require the removal of equipment and indicators from the communications center of said Police Department. Such removal shall be at the expense of the financial institution. b. The financial institution, at its expense, shall made arrangements to provide service for the alarm system at the request of the financial institution or the Chief on a 24-hour basis, seven days a week. c. The financial institution may cancel its agreement with the City of Wylie at any time by giving written notice there of to the Chief. Upon giving such notice, the said institution shall promptly remove its equipment and indicators from the monitor panel in the communications center . Such removal shall be at the expense of the financial institution. SECTION 15 That all ordinances of the City of Wylie in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of said City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 16 Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part of the provision thereof other than the part so decided to be invalid , illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 17 Any person, firm or corporation, violating any of the provisions or terms of this ordinance shall be subject to a find not to exceed the sum of Five Hundred Dollars ($500 .00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 18 This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the day of , 1990 . Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 84-19, ABANDONED AND JUNKED MOTOR VEHICLES; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR AUTHORITY TO TAKE POSSESSION OF ABANDONED MOTOR VEHICLES; PROVIDING FOR NOTICE OF IMPOUNDMENT; PROVIDING FOR DISPOSITION OF PROCEEDS TO OWNER AND LIENHOLDERS; PROVIDING FOR NOTICE BY PUBLICATION; PROVIDING FOR FEES FOR IMPOUNDMENT; PROVIDING FOR PUBLIC AUCTION AND DISPOSAL; PROVIDING FOR CUSTODY OF MOTOR VEHICLES TO DEMOLISHER; DECLARING JUNK VEHICLES A PUBLIC NUISANCE; PROVIDING FOR NOTICE TO ABATE PUBLIC NUISANCES; PROVIDING THAT JUNK VEHICLES NOT BE RECONSTRUCTED OR MADE OPERABLE AFTER REMOVAL; PROVIDING FOR NOTICE TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; PROVIDING FOR EXCEPTIONS TO ABATING NUISANCES; PROVIDING FOR ADMINISTRATION BY CITY EMPLOYEES; PROVIDING FOR AUTHORITY TO DISPOSE OF JUNKED VEHICLES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND, DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE , TEXAS : SECTION 1 That Ordinance No. 84-19 of the City of Wylie, Texas, be, and the same is hereby, amended in its entirety to read as follows . SECTION 2 DEFINITIONS A. ABANDONED MOTOR VEHICLE (1) Inoperable and more than five (5) years old and left unattended on public property for more than forty-eight (48) hours. (2) Motor vehicles illegally on public property for more than forty-eight (48) hours . (3) Motor vehicle illegally on private property without the consent of the owner or person in control of the property. (4) Motor vehicles left unattended for more than forty-eight (48) hours on the right-of-way of a designated county, state, or federal highway within the state or more than twelve (12 ) hours on a turnpike project constructed by the Texas Turnpike Authority. B. DEMOLISHER (1) A person whose business is to convert a motor vehicle into processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle. C. GARAGEKEEPER (1) An owner or operator of a parking place or establishment for the servicing, repair, or maintenance of a motor vehicle. D. JUNKED VEHICLE (1) A motor vehicle as defined in Section 1 , Chapter 42 , Acts of the 41st Legislature, 2nd Called Session, 1929 . (Article 6701 d-11 , Vernon' s Civil Statutes) : a. that is inoperable; and b. does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle inspection certificate, that is wrecked, dismantled , partially dismantled , or c. discarded, d. remains inoperable for a continuous period of more than forty-five (45) days. E. STORAGE FACILITY A garage , parking lot, or any type of facility or establishment for the servicing, repairing, storing , or parking of motor vehicles. F. MOTOR VEHICLE A motor vehicle subject to registration under the Certificate of Title Act (Article 6687-1 , Vernon ' s Civil Statutes) . G. ANTIQUE AUTO (1) A passenger car or truck that was manufactured in 1925 or before. (2 ) A passenger car or truck that is at least thirty-five (35) years old. H. SPECIAL INTEREST VEHICLE (1) A motor vehicle of any age that has not been altered or modified from original manufacturer ' s specifications and, because of its historic interest, is being preserved by hobbyists. I . COLLECTOR The owner of one or more antique or special interest vehicles who collects , purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. SECTION 3 AUTHORITY TO TAKE POSSESSION OF ABANDONED MOTOR VEHICLES The Police Department may take into custody any abandoned motor vehicle found on public or private property. SECTION 4 ABANDONED MOTOR VEHICLE NOTIFICATION OF OWNER AND LIENHOLDERS A. The Police Department, after taking into custody an abandoned motor vehicle, shall notify within ten (10) days, by certified mail , the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act (Article 6687-1 , Vernon' s Civil Statutes) , or Chapter 31, Parks and Wildlife Code that the vehicle has been taken into custody. B. The notice shall describe the year , make, model , and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than twenty (20) days after the date of the notice, on payment of all towing , preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper ' s charges if notice is under the provisions of Section 9 of this Ordinance. C. The notice shall also state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. SECTION 5 NOTICE BY PUBLICATION IF THE IDENTITY OF THE LAST REGISTERED OWNER OR LIENHOLDERS OF THE ABANDONED VEHICLE CANNOT BE DETERMINED A. If the identity of the last registered owner cannot be determined, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders , notice by one publication in newspaper of general circulation in the are where the motor vehicle was abandoned is sufficient notice under this Ordinance. B. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail , and shall have the same contents required by mail. C. The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth in a notice given under this section. D. Storage fees of abandoned motor vehicles (1) The Police Department or an agent of the Police Department that takes custody of an abandoned motor vehicle is entitled to reasonable storage fees for : a. a period of not more than ten (10) days beginning on the day the Department takes custody and continuing through the day the Department mails notice as provided by this Ordinance; and b. a period beginning on the day after the Department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed. SECTION 6 POLICE DEPARTMENT USE OF CERTAIN ABANDONED MOTOR VEHICLES A. If an abandoned motor vehicle has not been reclaimed as provided by Section 4 (Abandoned Motor Vehicle Notification of Owner and Lienholders) of this ordinance, the Police Department may use that vehicle for Police Department purposes as provided by this section. (1) The Police Department may use the abandoned motor vehicle for Police Department purposes as long as the Department considers it cost effective. (2 ) If the Police Department discontinues use of the abandoned motor vehicle, the Department shall auction the vehicle as provided by Section 7 (Auction of Abandoned Motor Vehicles) of this Ordinance. (3) This section does not apply to an abandoned motor vehicle with a garagekeeper ' s lien. SECTION 7 AUCTION OF ABANDONED MOTOR VEHICLES A. If an abandoned motor vehicle has not been reclaimed as provided by Section 4 (Abandoned Motor Vehicle Notification of Owner an Lienholders) of this Ordinance, the Police Department may use the abandoned motor vehicle for the Police Department purposes as provided by Section 6 (Police Department Use of Certain Abandoned Motor Vehicles) of this Ordinance or sell the vehicle at a public auction. B. Proper notice of the public auction shall be given, and in the case of a garagekeeper ' s lien, the garagekeeper shall be notified of the time and place of the auction. C. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the Police Department , and is entitled to register the purchased vehicle and receive a certificate of title. SECTION 8 DISPOSITION OF PROCEEDS OF THE SALE OF AN ABANDONED MOTOR VEHICLE A. The Police Department shall reimburse itself , from the proceeds of the sale of an abandoned motor vehicle, for the expenses of the auction, the costs of towing , preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody , and all notice and publication costs incurred under Section 4 (Abandoned Vehicle Notification of Owner and Lienholders) of this Ordinance. B . Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for ninety (90) days and then shall be deposited in a special fund that shall remain available for payment of auction, towing, preserving , storage, and all notice and publication costs that result from placing another abandoned vehicle in custody, if the proceeds form a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs, the City may transfer the amount in the special fund to the City' s general revenue account to be used by the Police Department SECTION 9 CUSTODY OF ABANDONED MOTOR VEHICLES LEFT IN A STORAGE FACILITY AND CHARGES AND STORAGE FEES AND PROCEEDS OF THE SALE TO GARAGEKEEPERS AND POLICE A. A motor vehicle left for more than ten (10) days in a storage facility operated for commercial purposes after notice is given by registered or certified mail , return receipt requested , to the owner and to any lienholder of record under the Certificate of Title Act (Article 6687-1 , Vernon' s Civil Statutes) to pick up the vehicle, or for more than ten (10) days after a period when under a contract the vehicle was to remain on the premises of the storage facility, or a motor vehicle left for more than ten (10) days in a storage facility by someone other than the registered owner or by a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair , is considered an abandoned vehicle, and shall be reported by the garagekeeper to the Police Department . If the notice to the owner or lienholder is returned by the post office unclaimed, notice by one publication in one newspaper of general circulation in the area in which the vehicle was left in storage is sufficient notice. B. If a garagekeeper or storage facility acquires possession of a motor vehicle for a purpose other than repair, the garagekeeper or storage facility is entitled to towing , preservation and notification charges and to reasonable storage fees, in addition to storage fees earned pursuant to contract, for a maximum of seven (7) days only until notification is mailed to the last known registered owner and all lienholders of record as provided by subsection (A) of this section. After such notice mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid. A garagekeeper who fails to report the possession of an abandoned vehicle to the Police Department within seven (7) days after it becomes abandoned may no longer claim reimbursement for storage of the vehicle. C. The Police Department, upon receipt of a report from a garagekeeper of the possession of a vehicle considered abandoned under the provisions of this section shall follow the notification procedures set forth in Section 4 of this Ordinance (Abandoned Motor Vehicle Notification of Owner and Lienholders) , except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements of this Ordinance. A fee of Five Dollars ($5 .00 ) shall accompany the report of the garagekeeper to the Police Department . The Five Dollar ($5 .00) fee shall be retained by the Police Department receiving the report and used to defray the cost of notification or other costs incurred in the disposition of an abandoned motor vehicle. D. An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in accordance with Section 4 of this Ordinance shall be taken into custody by the Police Department and sold in the manner provided by Section 7 of this Ordinance (Public Auction) . The proceeds of a sale under this section shall first be applied to the garagekeeper ' s charges for servicing, storage, and repair, but as compensation for the expense incurred by the Police Department in placing the vehicle in custody and the expense of auction, the Police Department shall retain two percent (2%) of the gross proceeds of the sale of each vehicle auctioned , unless the gross proceeds are less than Ten Dollars ($10.00) , the Department shall retain the Ten Dollars ($10 .00) to defray expenses of custody and auction. Any surplus proceeds remaining from an auction shall be distributed in accordance with Section 7 of this Ordinance. SECTION 10 A person charging fees under Subsection B of Section 9 commits an offense if the person charges a storage fee for a period of time not authorized by that subsection. An offense under this subsection is punishable by a fine of not less than Two Hundred Dollars ($200 .00) and no more than One Thousand Dollars ($1,000.00) . SECTION 11 DISPOSAL OF VEHICLE TO DEMOLISHER A person, firm, corporation, or unit of government on whose property or in whose possession is found any abandoned motor vehicle and a person who is the owner of a motor vehicle whose title certificate is faulty, lost or destroyed, may apply to the State Department of Highways and Public Transportation for authority to sell , give away, or dispose of a vehicle to a demolisher in accordance with the provisions of Article 6687-9, Vernon' s Civil Statutes, as amended . SECTION 12 JUNKED VEHICLES AS A PUBLIC NUISANCE A. A junked vehicle that is located in any place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the City by producing urban blight adverse to the maintenance and continuing development of the City, and such vehicles are declared to be a public nuisance. B. A person commits an offense if that person maintains a public nuisance as determined by this section. A person who commits an offense under this section is, on conviction, subject to a fine not to exceed Two Hundred Dollars ($200 .00) . On conviction, the court shall order removal and abatement of the nuisance. SECTION 13 PROCEDURES FOR ABATING NUISANCES The Police Department or Code Enforcement Officer of the City of Wylie, upon receipt of a complaint or its own initiative, is authorized to initiate appropriate official action to remove and abate junked vehicles as public nuisances, on private property, public property, or public rights-of-way in the following manner: (1) For a nuisance on private property, a notice of not less than ten (10) days , stating the nature of the public nuisance on private property , that it must be removed and abated within ten (10) days , and that a request for a hearing must be 'a, made before the expiration of the ten (10) day period. The notice must be mailed by certified mail with a five day return requested, to the last know registered owner of the junked motor vehicle, any lienholder of record, and the owner or occupant of the private premises on which the public nuisance exists . If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to date not less than ten (10) days after the date of the return. (2 ) As for a nuisance on Public Property or Public Right-of-way, a notice of not less than ten (10) days stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten (10) days , and that a request for a hearing must be made before expiration of the ten (10) day period. The notice must be mailed, by certified mail with a five day return requested , to the last known registered owner of the junked vehicle, any lienholder of record, and the owner or occupant of the public premises or the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. (3) Once a junked motor vehicle has been removed under provisions of this section, it shall not be reconstructed or made operable. (4) When a hearing is requested by the owner or occupant of this public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten (10) days after service of notice to abate the nuisance, a hearing must be held prior to the removal of the vehicle or parts thereof , before the Municipal Court of the City of Wylie. If the Municipal Judge finds that such vehicle or vehicle part is a public nuisance as defined herein, he shall enter an order requiring the removal of the vehicle or vehicle part from public or private property or public right-of-way where it is situated , and such order shall include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site. (5) The Police Department or Code Enforcement Officer of the City of Wylie is required to give notice to the State Department of Highways and Public Transportation within five (5) days after the date of removal of the vehicle and said notice must identify the vehicle or vehicle part . (6) The procedures for abating nuisance set out herein shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property , a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or an unlicensed operable, or inoperable antique or special interest vehicle stored by a collector on the collector' s property, if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. (7 ) The administration of the procedures of this section shall be carried out by regularly salaried , full-time employees of the City , except that the removal of a vehicle or vehicle part from property may be by any person duly authorized by the City. The City Manager , the Chief of Police or Code Enforcement Officer , or their duly authorized representative, is authorized to enter upon private property for the purpose of examining a vehicle or vehicle part, obtaining information as to the identity of the vehicle removing or causing the removal of a vehicle or vehicle part that constitutes a public nuisance in accordance with this Ordinance. (8) If a junked motor vehicle declared to be a public nuisance is not removed and abated and a hearing is not requested within the ten (10) day period provided for by this section, a complaint may be filed for maintaining a public nuisance as defined in this Ordinance, shall be guilty of a misdemeanor and be subject to a fine not to exceed Two Hundred Dollars ($200 .00) for each offense, and each and every day said offense shall continue shall be deemed to constitute a separate offense and the Municipal Court shall order removal and abatement of the public nuisance. SECTION 14 DISPOSAL OF JUNKED VEHICLES A junked vehicle or vehicle part may be disposed of by removal to a scrapyard, demolisher , or any suitable site for processing as scrap or salvage . SECTION 15 ENFORCEMENT The administration of the provisions of this Ordinance shall be the responsibility of the city Manager or such department, officer, or employee of the City as he may authorize. The City Manager, Chief of Police, Code Enforcement Officer or their duly authorized representative is authorized to enter upon private property for the purposes specified in the procedures adopted in this Ordinance to examine vehicles or parts thereof , obtain information as to the identity of vehicles and to remove or cause removal of a vehicle or parts thereof declared to be a nuisance pursuant to the procedures of this Ordinance. The Municipal Court shall have authority to issue any order necessary to enforce th procedures set out in this ordinance. Nothing in this Ordinance shall affect parking or other ordinances of the City of Wylie which permit the immediate removal of a vehicle left upon public property or on public rights-of-way where the vehicle constitutes obstruction of traffic. SECTION 16 Any other ordinance of the City of Wylie in conflict herewith is hereby repealed . SECTION 17 If any portion of this Ordinance shall , for any reason, be declared invalid or held unconstitutional , the same shall not affect the remaining provisions thereof . 50 SECTION 18 This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULLY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE DAY OF , 1990. Chuck Trimble, Mayor ATTEST : Carolyn Jones , City Secretary MEMORANDUM TO: James Johnson , Finance Director FROM: Jim Holcomb. Purchasing Agent V�J RE: Uniform Rental Bid - Award (Bid 90-05 ) DATE: 03/21/90 - Agenda 03/27/90 Ten hid invitations were mailed for the annual uniform contract and four bids were received, one of which arrived the day after the bid opening and was returned to the late bidder. The present contractor, Mission Uniform, declined to bid . The projected annual contract costs for each bidder ( based on current staffing levels ) are as follows : American Uniform $ 9 , 173. 32 ✓ Cascade Linen 10 , 261 . 75 Unitog 11 , 484 . 64 My recommendation is to award the contract to the low bidder, American Uniform Rental . Since there will be no overall increase in uniform expenses under the new contract. current funding should be adequate. Last year, Mission Uniform' s bid was $9, 241 . 00/at last year' s staffing levels . On that basis . American Uniform' s bid is , at least on its face, an excellent one . American Uniform currently has the Cities of Terrell and Kaufman Uniform Services contracts . Recommendations are good from both cities as to service levels . SO2 MEMORANDUM TO: James Johnson, Finance Director FROM: Jim Holcomb, Purchasing Agent C RE: Janitorial Contract Bid - Award (Bid #90-06 ) DATE: 03/21/90 Agenda 03/27/90 Of the twenty janitorial services who were invited to bid , seven submitted proposals for the City' s Janitorial Contract. Bids are as follows : International Maintenance $22 , 176 . 00 Complete Maintenance 23 , 388. 00 / Poston & Associates 23 , 400 . 00 Eagle Maintenance 23 , 868 . 00 All Star Building Services 23 , 925 . 00 Etheridge Building Services 24 , 427 . 06 N/L Maintenance 165 , 287 . 89 Unfortunately, the low bid is not the best bid in this instance. It is, of course, customary to award to the lowest responsible and respons_ v� bidder. I believe that we are in agreement that, due to their past performance, International Maintenance cannot be considered a responsible bidder. During the time that International (dba Executive Maid ) was our janitorial contractor, we experienced constant problems with poor performance and noncompliance with the contract . Our numerous complaints are well documented by the log which you kept to monitor their performance. Toward the end of the contract period, after, they lost the bid to Complete Maintenance, there were unexplained ( and as yet unresolved ) disappearances and/or vandalism of City property. This occurred during hours when the only known persons on the premises were the janitorial personnel . For the aforementioned reasons , I do not think a bid award to International Maintenance would be in the best interest of the City. Our experience with Complete Maintenance, over the past year, has been satisfactory and, since they are the next low bidder, I would recommend that Council award the contract to Complete Maintenance for an additional one year period. The bid is slightly higher than the current contract; however, additional funding was budgeted to cover an anticipated increase in expenditures through the end of this fiscal year. . J3I MEMORANDUM TO: Carolyn Jones , City Secretary FROM: .lames Johnson, Finance Director /, RE: Commercial Auto/Vehicle Policy Vehicle Coverage ( as listed ) DATE: 03/21/90 The City ' s vehicle/auto policy is due for renewal . The following written quotes were received: NAME OF COMPANY ANNUAL PREMIUM Trinity Universal Ins . Co. $19 , 342 . 00 vf ( represented by Wylie Ins . Agency, Inc. , Wylie, Tx. ) Rucker & Associates Ins . , Inc . 27 , 840 . 00 Dallas , 'I'x . Royce City Ins . Agency 29, 312. 00 Royce City, Tx . Employee' s Casualty Co. 21 , 152 . 52 Sherman , Tx. The premium for the previous year was $19, 621 . Sufficient funds are budgeted for the payment of this premium. Based on these written quotes , Trinity Universal Insurance ( represented by Wylie Insurance Agency) is the best price and is recommended. MEMORANDUM TO: Carolyn Jones , City Secretary FROM: James Johnson, Finance Director NE: Fiscal Agent. Payment DATE: 03/19/90 'lease schedule for the March 27 , 1990 Council meeting, Council consideration of approving payment to 1St, Southwest Company for financial advisory services and expenses for both the 1989 C.U. issue of $200 , 000 and the 1990 C.O. issue 1 $3 . 500 ,000 ► . 1990 Issuance Costs $34 , 454 , 88 1989 C : O. Issuance Costs 7 , 730 . 19 Grand Total $42, 189 . 07 Part of the bond proceeds will be used for this costs . Funds are available. FIRST 5oicthweot COMPANY INVESTMENT BANKERS 500 FIRST CITY CENTER 1700 PACIFIC AVENUE DALLAS, TEXAS 75201 DAVID K. MEDANICH (2141 953-4000 VICE PRESIDENT March 13, 1990 Mr. Charles Norwood City Manager City of Wylie P.O. Box 428 Wylie, Texas 75098 Re: $3,500,000 City of Wylie, Texas Tax and Waterworks and Sewer System Limited Pledge Revenue Certificates of Obligation, Series 1990 $200,000 City of Wylie, Texas Tax and Waterworks and Sewer System Subordinate Lien Certificates of Obligation, Series 1990 Dear Charlie: Relative to the authorization, issuance, sale and delivery of the above issues, I am enclosing our statements for Financial Advisory services rendered and expenses incurred, per Financial Advisory Agreement dated August 12, 1986. We appreciate the opportunity of working with the City and hope our services were satisfactory. Should you have any questions regarding these matters, please call. Sincerely, David K. Medanich DKM:dp Enclosure cc: Mr. James Johnson j. 6 STATEMENT FIRST SOathWeejt COMPANY INVESTMENT BANKERS 500 FIRST CITY CENTER 1700 PACIFIC AVENUE DALLAS, TEXAS 75201 March 13, 1990 --1 CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 1-- For Financial Advisory services rendered and expenses incurred incident to the authorization, issuance, sale and delivery of $3,500,000 City of Wylie, Texas Tax and Waterworks and Sewer System Limited Pledge • Revenue Certificates of Obligation, Series 1990, per Financial Advisory Agreement dated August 12, 1986 $21 ,250.00 Plus Reimbursable Expenses: Bond Counsel Fee $ 5,727.87 Printing and Mailing Official Statement 5,930.51 Bond Printing 773.00 Attorney General of Texas Processing Fee 500.00 Miscellaneous (Federal Express, Postage, etc.) 273.50 13,204.88 Total Amount Due $34,454.88 3- ? STATEMENT FIRST EOfZih,Weot COMPANY INVESTMENT BANKERS 500 FIRST CITY CENTER 1700 PACIFIC AVENUE DALLAS, TEXAS 73201 March 13, 1990 r CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 L. J For Financial Advisory services rendered and expenses incurred incident to the authorization, issuance, sale and delivery of $200,000 City of Wylie, Texas Tax and Waterworks and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1989, per Financial Advisory Agreement dated August 12, 1986 $ 5,000.00 Plus Reimbursable Expenses: Bond Counsel Fee $ 1,535.19 Printing Offering Memorandum 500.00 Bond Printing 445.00 Attorney General of Texas Processing Fee 250.00 2,730.19 Total Amount Due $ 7,730.19 TO: CHARLES NORWOOD, CITY MANAGER FROM: RON HOMEYER, P.E. , STAFF ENGINEER DATE: MARCH 22 , 1990 SUBJECT: WASTEWATER COLLECTION SYSTEM IMPROVEMENTS ADDITIONAL ENGINEERING SERVICES - CHANGE ORDERS The attached letter of agreement has been prepared by Shimek, Jacobs & Finklea in accordance with the instructions they received from me. A need has arisen for some change orders to be issued for the Wastewater Collection system Improvements contract resulting from the following items: 1. Century Business Park' s internal collection system must be connected to the new lift station as a condition of the easement obtained from Glenn E. Lyons (see attached letter) . This work was not included with the construction of the lift station because of the indirect control by the City and the lack of adequate communication between the City and NTMWD at the time the easement was acquired from Mr. Lyons. The estimated construction cost of this proposed change order is $7 ,500 , using the current contract amounts of the contract with Pate & Pate Enterprises, Inc. 2 . The Eubanks Road Sewer is a proposed collection system improvement which will provide service to Hometown Furniture, Wylie Glass and Alpha Omega Floors as well as all of the vacant property adjacent to them which lies within the area bounded by SH 78 , Eubanks Lane and the AT&SF Railway. The estimated construction cost of this proposed change order is $25 ,000 to $30 ,000 dependent upon the unit prices requested by Pate & Pate Enterprises. 3 . The 15 inch parallel sewer revision is a proposed re- alignment in order to keep the line off the Chemical Recycling, Inc. property. Mr . Rob Dillard has advised that the City does not need to become involved with that property at this time. The estimated construction cost for this proposed change order is unknown at this time but it should be less than $5,000 . 4 . The construction administration costs will increase as a result of the additional work proposed by these change orders. The amounts requested by Shimek, Jacobs & Finklea for the additional services related to the proposed change orders are reasonable, therefore, I recommend that they be approved. fq 0\ n ('‘ SHIMEK, JACOBS & FINKLEA MAR 1 5 1990 ji CONSULTING ENGINEERS ff 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 March 14, 1990 ROSS L.JACOBS,P.E. I.C.FINKLEA,P.E. JAMES E.LAUGHLIN,P.E. RONALD V.CONWAY,P.E. JOHN W.BIRKHOFF,P.E. MATT ARMSTRONG,P.E. JOE R.CARTER,P.E. GARY C.HENDRICKS,P.E. C.L.SHIMEK,P.E. Mr. Ron Homeyer, P.E. City Engineer City of Wylie Post Office Box 428 Wylie, Texas 75098 Re: Sanitary Sewer Improvements - Phase II Sections 1 & 2 Dear Mr. Homeyer: We have been directed by the City to provide additional services for preparation of plans and specifications for the following: 1. Design of an 8-inch sanitary sewer connection from the Century Business Park to the Muddy Creek Lift Station. 2. Design of an 8-inch sanitary sewer for a 6.787-acre area west of Eubanks Lane and south of the A.T. & S.F. Railroad. 3. Revise the alignment of the 15-inch Parallel Sewer to avoid the Chemical Recycling, Inc. tract. In addition, we will provide extra Contract Administration for Items 1 & 2 described above. We hereby request that our agreement be modified to provide funds as follows for these additional services: 1. Century Business Park Sewer $ 880.00 2. Eubanks Road Sewer 2,730.00 3. 15-Inch Parallel Sewer Revision 690.00 4. Administration 895.00 Total $5,195.00 Charges for these services will be at salary cost times a multiplier of 2.25. Expenses will be invoice cost times 1.10. 6, 0 Mr. Ron Homeyer, P.E. City of Wylie March 14, 1990 Page No. 2 If you concur, please have one copy of this letter signed by the City and returned to our office. Sincerely, oe R. Carter, P.E. Approved for the City of Wylie Date SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 March 14, 1990 ROSS 1.JACOBS,P.E. I.C.FINKLEA,P.E. JAMES E.LAUGHLIN,P.E. RONALD V.CONWAY,P.E. JOHN W.BIRKHOFF,P.E. MATT ARMSTRONG,PE. JOE R.CARTER,P.E. GARY C.HENDRICKS,PE. C.L.SHIMEK,P.E. Mr. Ron Homeyer, P.E. City Engineer City of Wylie Post Office Box 428 Wylie, Texas 75098 Re: Sanitary Sewer Improvements - Phase II Sections 1 & 2 Dear Mr. Homeyer: We have been directed by the City to provide additional services for preparation of plans and specifications for the following: 1. Design of an 8-inch sanitary sewer connection from the Century Business Park to the Muddy Creek Lift Station. 2. Design of an 8-inch sanitary sewer for a 6.787-acre area west of Eubanks Lane and south of the A.T. & S.F. Railroad. 3. Revise the alignment of the 15-inch Parallel Sewer to avoid the Chemical Recycling, Inc. tract. In addition, we will provide extra Contract Administration for Items 1 & 2 described above. We hereby request that our agreement be modified to provide funds as follows for these additional services: 1. Century Business Park Sewer $ 880.00 2. Eubanks Road Sewer 2,730.00 3. 15-Inch Parallel Sewer Revision 690.00 4. Administration 895.00 Total $5,195.00 Charges for these services will be at salary cost times a multiplier of 2.25. Expenses will be invoice cost times 1.10. Mr. Ron Homeyer, P.E. City of Wylie March 14, 1990 Page No. 2 If you concur, please have one copy of this letter signed by the City and returned to our office. 4Sincere , I." . 0,4A ---. w0 •oe R. Carter, P.E. Approved for the City of Wylie Date CITY OP' WYLIIC 114 N. BALLARD ST. — P.O. BOX 428 WYL1E, TEXAS 75098 (214)442-2236 August 23, 1988 Glenn E. Lyons 8855 Stemmons Freeway Suite 100 Dallas, Texas 75247 Dear Mr. Lyons: Enclosed please find an updated easement description for the proposed lift station in Century Business Park. We have narrowed it down as tight as we can get it. The new easement is at total of 12,275 square feet. We have also included an estimate from an independent engineer as to the costs for tying sewer to Century Business Park assuming we had to build the lift station at another site. These estimated costs are $89,300. We are requesting a sewer easement of a total of 12,275 square feet to be dedicated to the City of Wylie. In return the entire Century Busi- ness Park will have sewer available and the city will connect the interior sewer collection system to the new lift station at no cost. Sinrerel , i V John Pitstick City Manager City of Wylie cmw