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02-08-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA FEBRUARY 8, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL<TfJ QRUER .: :. .:. iNvookerIO.N"& PLEDGE ROC A IATIO S.&.'PRESE iTAT ONS C I' I E1 S AR C ATION... Altii*Att ers lt04.. tiler,€t gnt Agenda.are cons.1d ed*lie.rye blr thoOt COrl kg will be 41.0 n Motio sTl ere will n t<bei: ':;;disc ission.:;,r tl ese items<>1f hscussion is esired,tt i i will ::`remo ., :from the ,. :**.t leg .AO xydl*VO.gstdqed separaWy;. .;.;. A. Approval of the Minutes from the regular City Council Meeting of January 25,2005 and the January 27, 2005 Work Session. (C. Ehrlich, City Secretary) B. Consider and act upon Resolution No. 2005-11(R) ordering the General Election to be held jointly with the Wylie Independent School District, and administered by the Collin County Elections Administration on May 7, 2005 for the purpose of electing the Mayor and two members, Place 5 and Place 6, to the Wylie City Council. (C. Ehrlich, City Secretary) C. Consider and act upon approval of a Joint Election Agreement between the City of Wylie and the Wylie Independent School District administered by Collin County Elections Administration for the May 7, 2005 General Election. (C. Ehrlich, City Secretary) D. Consider and act upon approval of a Resolution authorizing the City Manager to execute an agreement with Estates at Creekside, Phase III, Development, Inc. for reimbursement of$105,674.50 for the installation of 1,965 feet of 20-inch water line. (C. Holsted, City Engineer) E Consider and act upon approval of a request to sell concessions at Founders Park and Community Park on March 3-5, 2005 by the Wylie High School Girls Softball program. (R. Diaz, Asst. Parks Superintendent) F. Consider and act upon approval of a request of a fundraiser to sell cookies at Founders Park on February 22, 2005 and February 26, 2005 by Girl Scout Troop #2426. (R. Diaz, Asst. Parks Superintendent) G. Consider and act upon an amendment to the budget to transfer funds for the purchase of Laser fiche for City Wide usage. (M.Manson,Assistant City Manager) 1. Consider and act upon a Resolution authorizing the City Manager to send a request to the City of Sachse for disannexation of approximately 1.4112 acres of land and proceed with annexation by the City of Wylie. (C. Hoisted, City Engineer) Executive Summary The City of Wylie and Sachse thoroughfare plans shows McCreary Road extending south from FM 544 and connecting with Maxwell Creek Road as shown on the attached display. The largest portion of right of way for the road is located on the Jones property. However, the City of Sachse owns a piece of the property on the west side of the Jones tract that is approximately 92' wide and encompasses 1.4112 acres. The City of Sachse has indicated that this property is excess property from their water tank site and would consider disannexing of the property and dedicating it as right-of-way for McCreary Road. 2. Consider and act upon a Resolution authorizing the City Manager to execute a proposal for engineering services for a temporary traffic signal and conceptual intersection layout at the intersection of FM 1378 and Park Blvd. in the amount of $32,625.00 to Bucher, Willis & Ratliff Corporation. (C. Hoisted, City Engineer) Executive Summary On November 10, 2004 the City of Wylie submitted a traffic signal warrant analysis for the intersection of FM 1378 and Park Blvd. The Texas Department of Transportation(TxDOT) approved the study on January 13, 2005. To expedite the installation of the signal it is necessary for the City to hire a consultant to prepare the engineering plans. The 1999 City Bond program included $750,000 for intersection improvements located throughout the City and $103,710.91 has been spent to date. Some of the improvements identified in the bond program have been installed by TxDOT and private development;therefore,funds are available for this project. Public Hearing 3. Hold a Public Hearing and consider and act upon an Ordinance abandoning a portion of Third Street between Highway 78 and Oak Street. (M. Manson,Assistant City Manager) Executive Summary Staff has received a request from Darla Burrows, owner of property located at the intersection of Highway 78 and Oak Street, for the closure of that portion of Third Street between Highway 78 and Oak. As part of the widening of Highway 78 certain streets, including Third Street, were not reconnected to the new pavement on Highway 78 in order to eliminate intersections. Because the road will no longer carry through traffic, the owner has requested that it be abandoned so that a portion of the land may be used in conjunction with their existing property. 4. Presentation of Annual Report on Racial Profiling Statistics. (J. Butters, Chief of Police) Executive Summary The Texas Racial Profiling Law(S.B. 1074)requires the Wylie Police Department to collect citation-based contact data for the purpose of identifying and addressing(if necessary)concerns regarding racial profiling practices among police officers. S.B. 1074 requires the Wylie Police Department to submit an annual report of our contact data to the City Council. I II $1 . ' : D<8 ' : :.:I ;:::III='[�.:. ::IT S '1' E< '�'I t >P�1'PII EI� Ii' >lti+l3. • Discuss issues related to the Comprehensive Plan (C. Thompson, Planning&Zoning Director) AUNT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 4th day of February,2005 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.Ci.wvlie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, January 25, 2005 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C.Worley. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Police Chief, Jeff Butters; Public Services Director, Mike Sferra; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. �N";ir( !C�TI(� P��l�ii�E�7►�' .;LEGiC�N�E Mayor Pro Tem Hogue gave the invocation and Councilman Young led the Pledge of Allegiance. CO 1 EI T CE Doi... All T eri;listed r der. e Conse end*Ak dered to e ro ti by h ty ncil ll. ct one motion, T ill be serrate s ssion of iese iten s discussion is desired.owitootwiltbetotitevalopitii0 Consent A and v 111 be co dered separately A. Approval of the Minutes from the regular City Council Meeting of January 11, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Resolution authorizing the City Manager to enter into a contract with Stewart Schwensen Productions in an amount not to exceed $43,000.00 for entertainment/staging for the summer concerts and July 4th event. (R Diaz,Parks and Recreation) C. Consider and act upon a Resolution authorizing the City Manager to enter into a contract with Stewart Schwensen Productions in an amount not to exceed $12,000.00 for a fireworks show for the July 4th event. (R Diaz,Parks and Recreation) D. Consider and act upon a Resolution authorizing the City Manager to execute a contract for Professional Services with Freese and Nichols, Inc. in the amount of $60,300.00 for the development of a Storm Water fee for the City. (M. Sferra,Public Services Director) E. Consider and act upon a Resolution authorizing the City Manager to execute an agreement with U.S. ROW in the amount of$43,050.00 for right-of-way acquisition services for the Ballard Ave. paving project. (C. Hoisted, City Engineer) F. Consider and act upon a Resolution recommending the abandonment of right-of-way by TxDOT along SH 78 at the intersection with Birmingham Avenue. (C.Hoisted, City Engineer) Minutes—January 25,2005 Wylie City Council Page 1 G. Consider and act upon a Preliminary Plat for Birmingham Ranch Addition. (C. Thompson, Planning and Zoning Director) Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 7-0. CITIZENS 'ARTICIPATION... Diane Barlow representing Comcast commented on several concerns pertaining to the proposed franchise agreement with Verizon, asking Council to consider these concerns when approving the new franchise agreement. Those included: Favored Nations Clause including the requirement that if a City moves into a franchise with another cable company, the material provisions must be reasonably comparable with the existing franchise. Ms. Barlow stated that Comcast appreciates the efforts the City has made to comply with these requirements, noting most all of the concerns had been addressed by the City excluding a few minor concerns. These included: Section 3.3, Cable service to public buildings (contribution in lieu of providing these services) stating that because Comcast has been the current provider for public buildings,will the future access be provided unfairly to one or the other franchise. Ms. Barlow suggested in lieu of free service, a grant be provided by either franchise. Sec. 6.1.3 Interconnection (choice for citizens),jurisdiction and authority to provide for cable companies to provide governmental access of the other franchise channels, whichever the choice is for the entity provider. Ms. Barlow suggested that the agreement not include a requirement for one franchise to carry broadcasting for public buildings provided by the other but leave this as an option. Some other issues dealt with the combined services that would be provided by Verizon and who would have jurisdiction. City Manager Roath commented that both the cable franchise companies would be required to provide the public building services and it would be the choice of the school/city to choose the service provider. Mayor Mondy asked Mr. Roath if this franchise treated both providers the same. Mr. Roath stated that it did and provided a choice to both citizens and government entities for service. INDIIDIEA .C{ NI ► �A `ION 1. Hold a Public Hearing and Consider and Act upon Ordinance No. # 2005-05, A Cable Television Franchise Agreement between the City of Wylie and GTE Southwest, Inc. d/b/a Verizon Southwest. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the proposed franchise agreement is for fifteen years and provides that Verizon will offer cable television service to all residents in its service area, as defined by the agreement, and will pay the City quarterly franchise fee payments of five percent of gross revenues. Verizon will provide dedicated access for City and educational programming and has reserved a third access channel for future use. The agreement also includes customer service requirements, which the current Comcast Agreement does not and finally the agreement includes an emergency alert and liability insurance provisions. The proposed franchise agreement is competitively neutral with the City's incumbent agreement (and in some cases better) and is comparable to other franchises being adopted in other cities in the metroplex. Mr. Roath explained the hope with competitive cable services is to gain more cable service, which the City receives revenue from and decrease the Satellite provider services, which the City receives no revenue from.Mr. Roath explained that the issue of jurisdiction in regard to the Verizon agreement simply states that Verizon is willing to provide interconnection, at their cost, access to public education stations broadcast by Verizon to Comcast, if Comcast is willing to air those stations. Mr. Roath stated that he hoped that Comcast would be willing to Minutes—January 25,2005 Wylie City Council Page 2 provide the interconnection for broadcasting those educational stations. Mr. Roath stated that some other issues brought up by Comcast have not been addressed by FCC at this time and would be addressed in the future. Councilman Trout asked Mr.Roath if the city had the option of using both franchises for public broadcasting. Mr.Roath stated yes the City could. Verizon Franchise Representative/Council Discussion Larry Manion, residing at 3003 Meadowview Court, Colleyville, Texas and representing Verizon addressed Council stating that the agreement before them is for cable service provided by Verizon.He stated that Verizon had spent a great deal of time with staff to insure that the agreement presented tonight was fair and equal and provide the City with a long term agreement that was conducive to the City and the cable franchise. He went on to state that he was looking forward to working with the City and its citizens in providing service to the community. Councilman Trout asked Mr. Manion is there was a reason for the 15 year term in the agreement. Mr. Manion stated that the agreement currently between Comcast and the City is a 25 year contract, expiring in 2016. He explained that Verizon was asking for a 15 year agreement based on the cost of capitol investment. He explained that this 15 year term was a reasonable request for the agreement stating that the fiber optics provided will last well over 15 years and into the future, he also explained that it would be hard for Verizon to recoup the costs of capitol investment in the 15 year term. Public Hearing Mayor Mondy opened the public hearing at 6:44 p.m. asking anyone present wishing to address Council to come forward, state their name and address and keep their comments to 3 minutes. With no one present to address Council, Mayor Mondy closed the public hearing at 6:44 p.m. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance #2005-05 granting a Cable Television Franchise Agreement between the City of Wylie and GTE Southwest, Inc. d/b/a Verizon Southwest. A vote was taken and passed 7-0. 2. Consider and act upon an Ordinance finding that the current rates of CoSery Gas Ltd. are unreasonable; approving CoSery Gas Ltd's revised and uncontested tariffs; approving a rate phase-in; authorizing continuation of deferral of carrying charges on plant held for future use; recognizing CoServ's right to surcharge for facility relocation required by the City; setting the effective date of new tariffs as February 1, 2005; finding the cities' rate case expenses reasonable; severing the determination of the reasonableness of CoSery Gas Ltd's rate case expense issue until March 1, 2005; adopting a base rate case moratorium; finding that any relief requested by CoSery Gas Ltd not specifically granted herein is denied; adopting a most favored nations provision; finding that the meeting at which this ordinance is passed is open to the public as required by law; and providing for notice of this ordinance to CoSery Gas Ltd. (M.Manson,Asst City Manager) Staff Comments Assistant City Manager Ms. Manson addressed Council stating that this ordinance represents the City's exercise of its original jurisdiction to evaluate the reasonableness of natural gas rates charged within city limits. The ordinance approves CoSery Gas Ltd's ("CoServ") revised tariffs applicable to residential and commercial service in the City of Wylie. The revised tariffs reflect the agreement reached between the Coalition of Cities, of which Wylie is a member, and the Company regarding CoServ's Statement of Intent to adjust rates, and the Company's intention to begin charging the same system-wide rate for all residential customers and all commercial customers. The ordinance also ensures that if CoSery agrees to provide a more attractive rate to another city in the future, the City may exercise its option to implement the rate also. The original increase proposed by CoSery was a 13%increase. The renegotiated and proposed Minutes—January 25,2005 Wylie City Council Page 3 increase presented tonight is 4.4%. CoSery rate case expenses are postponed due to the coalition not being able to come to an agreement. Council Discussion Councilman Worley asked what area CoSery services in Wylie. Ms Manson stated that it was the Northwest section of town. She explained that this provided 2,700 meters for residential and commercial. Council Action A motion was made by Councilman Worley, seconded by Mayor Pro Tern Hogue to approve Ordinance #2005-06 finding that the current rates of CoSery Gas Ltd. are unreasonable; approving CoSery Gas Ltd's revised and uncontested tariffs; approving a rate phase in; authorizing continuation of deferral of carrying charges on plant held for future use; recognizing CoServ's right to surcharge for facility relocation required by the City; setting the effective date of new tariffs as February 1,2005; finding the cities' rate case expenses reasonable; severing the determination of the reasonableness of CoSery Gas Ltd's rate case expense issue until March 1, 2005; adopting a base rate case moratorium; finding that any relief requested by CoSery Gas Ltd not specifically granted herein is denied; adopting a most favored nations provision; finding that the meeting at which this ordinance is passed is open to the public as required by law; and providing for notice of this ordinance to CoSery Gas ltd. A vote was taken and passed 7-0. 3. Consider and act upon a Resolution authorizing intervention before the Railroad Commission of Texas in Gas Utilities Docket (GUD) no. 9530; authorizing participation with other cities served by Atmos Energy Corporation, formerly known as TXU Gas Company, in Administrative and Court proceedings involving a gas cost prudence review related to a filing made in September of 2004 as required by the Final Order in GUD no. 8664; designating a representative of the City to serve on a steering committee; requiring reimbursement of reasonable legal and consultant expenses. (M. Manson,Asst City Manager) Executive Summary Assistant City Manager Ms. Manson addressed Council stating that the attached resolution will authorize intervention by the city as a participant in a steering committee, appoint the City Manager as the City's representative on a Cities' Steering Committee, and require Atmos/TXU Gas to reimburse the City reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve Resolution #2005-09(R) authorizing Intervention before the Railroad Commission of Texas I Gas Utilities Docket (GUD) No. 9530; authorizing participation with other cities served by Atmos Energy Corporation, formerly known as TXU Gs Company, in Administrative and Court proceedings involving a gas cost prudence review related to a filing made in September of 2004 as required by the Final Order in GUD no. 8664; designating a representative of the City to be the City Manager to serve on a steering committee; requiring reimbursement of reasonable legal and consultant expenses. A vote was taken and passed 7-0. 4. Consider and act upon a Resolution suspending the proposal by Atmos Energy Corporation to implement interim GRIP Rate Adjustments for gas utility investment in 2003; authorizing participation with other cities served by Atmos Energy Corp., a Mid-Tex Division, in a review and inquiry into the basis and reasonableness of the proposed rate adjustments; authorizing intervention in administrative and court proceedings involving the proposed GRIP Rate Minutes—January 25,2005 Wylie City Council Page 4 Adjustments; designating a representative of the City to serve on a steering committee; requiring reimbursement of reasonable legal and consultant expenses. (M. Manson,Asst. City Manager) Executive Summary Assistant City Manager Ms. Manson addressed Council stating that the proposed GRIP rate increases would increase annual revenues for Atmos/TXU Gas by $8.5 million. These increases are in addition to the $11.5 million annual increase approved by the RRC in GUD No. 9400, and also in addition to the $10.1 million recovery sought by Atmos/TXU Gas for rate case expenses related to GUD No. 9400. Atmos/TXU Gas has publicly stated that it expects to experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400 and said savings are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the requested GRIP rate increases. Atmos Energy Corporation has announced a twenty percent increase in profits for its fiscal year ended September 30, 2004,and projects further increases in profits in 2005. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Resolution #2005-10(R) suspending the proposal by Atmos Energy Corporation to implement interim GRIP Rate Adjustments for gas utility investment I 2003; authorizing participation with other cities served by Atmos Energy Corp., a Mid-Tex Division, in a review and inquiry into the basis and reasonableness of the proposed rate adjustment; authorizing intervention in administrative and court proceedings involving the proposed GRIP Rate Adjustments; designating a representative of the City to be the City Manager to serve on a Steering Committee; requiring reimbursement of reasonable legal and consultant expenses. A vote was taken and passed 7-0. 5. Consider and act upon the adoption of an ordinance enacting a new code for the City of Wylie, Texas and providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ms. Ehrlich addressed Council stating that Chapter III, Section 14B of the Wylie City Charter states that within three (3) years after adoption of this charter, and at least every five (5) years thereafter, the City Council shall provide for the preparation of the codification of all general ordinances of the city. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code. For the purposes of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the city at large. In 1997, the City of Wylie adopted the re-codification of the Wylie City Code. The Wylie City Code presented tonight is a re-codification of the 1997 code. This book includes all ordinance approved from November of 1997 through November of 2004. The code, once approved will be available through Municipal Code Corporation on our web page for easy access. Future supplements will be completed on an annual basis starting in 2006. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Ordinance#2005-07 enacting a new code for the City of Wylie, Texas and providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. A vote was taken and passed 7-0. Minutes—January 25,2005 Wylie City Council Page 5 6. Consider and act upon an Ordinance repealing Wylie Ordinance Nos. 79-23, 95-2 and 95-3; establishing a curfew for minors for the City of Wylie, Texas; creating offenses for minors, parents, guardians of minor and business establishments for violating curfew regulations; defining terms and providing defenses; providing for enforcement; providing for waiver of jurisdiction by the court when required under the Texas Family Code. (J.Butters,Police Chief) Staff Comments Police Chief Butters addressed Council stating that the proposed ordinance contains the same definitions, curfew hours, elements of offense, and defenses, as the old curfew ordinance. The proposed curfew ordinance requires that the curfew ordinance be reviewed via public hearings every three years, as required by Section 370.002 of the Local Government Code. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to approve Ordinance #2005-08 repealing Wylie Ordinance Nos. 79-23, 95-2, and 95-3; establishing a curfew for minors parents, guardians of minor and business establishments for violating curfew regulations; defining terms and providing defenses; providing for enforcement; providing for waiver of jurisdiction by the court when required under the Texas Family Code. A vote was taken and passed 7-0. Public Hearing 7. Consider a recommendation to the City Council concerning a change in zoning from Agriculture (A)to Planned Development District (PD) for single-family residential uses. Applicant is requesting withdrawal of this request(ZC 2004-26). (C. Thompson,Planning and Zoning Director) Council Comments Mayor Mondy announced that Zoning Case 2004-26 had been withdrawn by the applicant.However,because the request has been published and several neighboring property owners have responded, the Council's official acceptance of the withdrawal is appropriate. Public Hearing Mayor Mondy opened the Public Hearing at 7:00 p.m. With no one present to address Council, Mayor Mondy closed the Public Hearing at 7:00 p.m. Council Action A motion was made by Councilman Trout, seconded by Mayor Pro Tern Hogue to accept the withdrawal by the applicant for Zoning Case 2004-26. A vote was taken and passed 7-0. RE . INW fit'Ottit AiSteti TITTLE 8 GA T`ID1ST AkhtOVki ti titft Oi A iikQU ED gY nlEirjT l CHAttt.k A.RTICLE IH;$EC ' Q 34r City Secretary Carole Ehrlich read captions to Ordinance#2005-05, 2005-06, 2005-07, and 2005-08 into the official record. Minutes—January 25,2005 Wylie City Council Page 6 W© SESSI N Mayor Mondy called the Joint Work Session to order at 7:10 p.m. with Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Trout, Councilman Worley, Councilman Young, and Councilman Newsom present. Planning & Zoning Board Chairman Chris Seeley called the Joint Work Session to order at 7:10 p.m. with members Red Byboth, Dave Hennessy, Dennis Larson, Kathy Spillyards, and Eric Alexander present and Don Hughes absent. Joint Work Session with P&Z Commission to discuss: • Woodbridge South (Herzog Development Corporation,Don Herzog) A brief presentation was given to the joint members by Don Herzog, to allow council and commission to provide direction on a proposal by Herzog Development Corporation for the 351 acre Woodbridge South. Zoning Case#2004-24. Dissatisfaction with the small lot and house sizes, especially 6.0 lots and townhouses, encouraging somewhat larger lots and houses if not the 1 ac/26 recommended by the Comprehensive Plan. 63 acres of the property is scheduled for annexation, and the zoning case will go to Planning and Zoning and City Council at a later date. • Rice Tract (Skorburg Company,Ryan Betz) Mr. Ryan Betz representing Skorberg Company presented a proposal for the 185 acre Braddock Place/Rice Tract. Major differences between this offering and the previous proposal are that some of the lots have been reduced to 7,200 and houses reduced to 2,100 sq. ft. Betz reported that the proposed open space/park land contained no floodplain and the percentage of lots 10,000 sq. ft. and above was increased to 60% of the project. Mayor Mondy pointed out that the school is an elementary not located at the perimeter of the tract and the high school discussed earlier will not be located here but on Skorburg's other tract. ADJOUR111t 1 El' T: - ... With no further business before Council or the Planning and Zoning Commission,the meeting was adjourned at 8:20 p.m. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—January 25,2005 Wylie City Council Page 7 MINUTES WYLIE CITY COUNCIL Special Called Meeting Thursday, January 27, 2005 4:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALF; O ORDER Mayor Mondy called the Special Called Work Session to order at 4:10 p.m. with the following Council members present: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman J. C. Worley, and Councilman Merrill Young. Councilman Earl Newsom was out of town. Staff present were: City Manager Mark B. Roath, Assistant City Manager Mindy Manson, City Engineer Chris Holsted, Planning and Zoning Director Claude Thompson, Public Services Director Mike Sferra, Library Director Mignon Morse, Human Resource Supervisor Lynn Fagerstrom, Public Information Officer Mark Witter, and City Secretary Carole Ehrlich. Mayor Pro Tem Hogue gave the invocation and Councilman Worley led the Pledge of Allegiance. • Final report regarding the "Needs Assessment Study"by Brinkley Sargent. (Mark Roath, City Manager, Dwayne Brinkley, Brinkley Sargent and David Medanich, First Southwest) Mr. Dwayne Brinkley representing Brinkley Sargent gave Council and those present a 20 year projection of facility needs based on the present, 10 year and 20 year projections. He explained the methodology of the study and gave a projected population in decade format. He then presented several scenarios of Wylie's Plan for the Future. Mr. Brinkley stated that many City departments were overcrowded at the present time. Mr. Brinkley complemented the staff for their efficiency based on the current staffing. Some comparisons were presented showing cities in the surrounding area with around the same population and the staffing currently in those facilities. He commented that the percentages of population in those cities vs. the number of employees showed the City of Wylie to be very lean in all staffing comparisons. Mr. Brinkley showed the space deficit summary from two prospectives; Population Driven need and Quality of Life needs. Options were also shown for the development/construction of the facilities. They included a Town Center Complex vs. Re-Use of Existing Facilities. Mr. David Medarich representing First Southwest gave an overview of some of the options for funding facility needs. He proposed both bonds and for some facilities the use of Certificates of Obligation. He gave some numbers of what type of revenues would be needed to fund these improvements. Minutes—January 27,2005 Special Called Meeting/Work Session Wylie City Council Page 1 Mayor Mondy asked those present for comments they might have pertaining to the needs assessment presented and future funding of that proposal. Mr. Warner Washington residing at 621 Stoneybrook Drive, Wylie, Texas addressed Council commenting that in 2004 the Wylie Independent School District passed a Bond Election for 148 million dollars which benefited the children and parents of WISD. The proposed bond funds for City facilities would be no where close to that figure and would benefit every citizen of the City of Wylie. Mr. Washington reiterated his desire to see the facility study become a reality. He stated he believed the citizens would solidly be behind it. Staff and the firm will further review the information presented and prepare options and strategies available both for the construction and funding of the project, and bring back to Council at a later date. ADJOURNMENT John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—January 27,2005 Special Called Meeting/Work Session Wylie City Council Page 2 CITY OF WYLIE Item No. B. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Other: Department: City Secretary Prepared By: Carole Ehrlich Date Prepared: January 27, 2005 Exhibits: Resolution#2005-11 (R) AGENDA SUBJECT: Consider and act upon approving Resolution #2005-11 (R) ordering a General Election to be held jointly with the Wylie Independent School District on May 7, 2005 for the purpose of electing a mayor and two city council members, Places 5 and 6, to the Wylie City Council to fill expired terms. RECOMMENDED ACTION: Approval of Resolution#2005-11 (R) SUMMARY: The offices of the Mayor and Council Places 5 and 6 will expire in May of 2005. By the proposed Resolution, the City Council will order a General Election to be held jointly with the Wylie Independent School District on May 7, 2005. There will be one election with the Mayoral position and Places 5 and 6 for the Wylie City Council positions appearing on one ballot. This Resolution stipulates the polling places where qualified voters can cast ballots for the election. It also outlines the early voting by personal appearance locations. Early voting by personal appearance shall be available at the Collin County Elections Office, 2010 Redbud Blvd. Suite 102, McKinney, Texas, and Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas beginning on Wednesday, April 20, 2005 through Tuesday, May 3, 2005 during normal working hours of 8:00 a.m. to 5:00 p.m., with extended voting hours on Saturday, April 23, 2005 from 8:00 a.m. to 5:00 p.m. and Thursday, April 21, 2005 from 8:00 a.m. to 7:00 p.m. Applications for a ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for ballots by mail must be received no later than the close of business on April 29, 2005. Financial Considerations: The City of Wylie will once again contract with the Collin County Elections Administration to administer the election. The contract approval is on a separate agenda cover. Funds have been budgeted to address both the general election and any possible run-off election. APPROVED BY: Initial Date Department Director: CE \ 1/27/05 City Manager: /llE1e \ d-J-OS RESOLUTION NO. 2005-11 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS,ORDERING THE GENERAL ELECTION TO BE HELD JOINTLY WITH THE WYLIE INDEPENDENT SCHOOL DISTRICT, AND ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATION ON MAY 7,2005,FOR THE PURPOSE OF ELECTING THE POSITION OF THE MAYOR AND TWO (2) MEMBERS, (PLACE 5 AND 6), TO THE WYLIE CITY COUNCIL TO HOLD OFFICE FOR A PERIOD OF THREE YEARS; DESIGNATING LOCATION OF POLLING PLACE;DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,THAT: SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent School District on Saturday, May 7, 2005, for the purpose of electing a mayor and two (2) City Council members to fill the following expiring terms on the Wylie City Council;Place 5 and Place 6. SECTION 2: The polling place where qualified voters shall cast ballots at such location in the City of Wylie 2004 General Municipal Election is as follows: County Election Precincts Polling Place All City Precincts Precinct 153 & 159 Southfork Mobile Home Park 216 Southfork Blvd. Wylie, Texas Precincts 27, 33,41, 56, 83,133 Wylie Bible Church 109 W. Jefferson Wylie,Texas Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. SECTION 3: Early voting by personal appearance shall be available at the Collin County Elections Office,2010 Redbud Blvd. Suite 102,McKinney,Texas,and Wylie Municipal Complex, 2000 N.Highway 78,Wylie,Texas,beginning on Wednesday,April 20,2005 through Tuesday,May 3, 2005 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Saturday,April 23,2005 from 8:00 a.m.to 5:00 p.m.and Thursday,April 21,2005 from 8:00 a.m.to 7:00 p.m. Applications for ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102, Resolution No.2005-11(R) Order of Election 1 McKinney,Texas 75069.Applications for ballots by mail must be received no later than the close of business on April 29, 2005. SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate Packets are available in the City Secretary's Office. The candidate filing deadlines for the General Election for the Mayor and Place 5 and 6; are as follows: General Election Filing the Mayoral Position and for Place 5 and 6 February 5, 2005 —March 7, 2005 at 5:00 p.m. Candidates must file in the City Secretary's Office located at 2000 Highway 78 North, Wylie, Texas. SECTION 5: The City Secretary is hereby authorized and directed to publish and/or post,in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas, on this the 8th day of February, 2005. John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2005-11(R) Order of Election 2 CITY OF WYLIE Item No. C City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Other: Department: City Secretary Prepared By: Carole Ehrlich Date Prepared: January 27, 2005 Exhibits: Contract Between the City and WISD AGENDA SUBJECT: Consider and act upon approval of a Joint Election Agreement between the City of Wylie and the Wylie Independent School District administered by Collin County Elections Administration. RECOMMENDED ACTION: Approval SUMMARY: By the terms of this agreement, the City of Wylie and WISD do hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint election for the General Election to be held on Saturday May 7, 2005. The entities will contract with the Collin County Elections Administrator to perform various duties and responsibilities on behalf of the two entities. The contract presented tonight has specified duties and costs to administer the election. This agreement, once executed will formalize the joint election for May 7, 2005 between the entities and approve the equally shared cost for that election. Under the terms of the contract it is noted that if one entity cancels their election, a charge of$75.00 will be accessed and the other entity will assume the full cost for the election. Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants. Financial Considerations: All costs for this administration and the cost for a subsequent runoff election, if needed, have been budgeted in the FY 2004-2005 budget. APPROVED BY: Initial Date Department Director: CE \ 01/27/05 City Manager: /}J& 07,-2 v� May 7, 2005 Joint General Election Contract for Election Services City of Wylie and Wylie ISD May 7, 2005 Joint General Election Table of Contents I Duties and Services of Contracting Officer II ....Duties and Services of the City and School District III Cost of Services IV Joint Election Agreement V. General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B Election Day Polling Locations Exhibit C Cost of Services Exhibit D Joint Election Agreement May 7,2005,Joint General Election—Wylie Cry and ISA 2/2/2005 Page 2 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN CITY- SCHOOL WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE,hereinafter referred to as the"CITY," and the BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT,hereinafter referred to as the"SCHOOL DISTRICT,"and SHARON ROWE,Elections Administrator of Collin County,Texas,hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D,Section 31.091,of Chapter 31,of the Texas Election Code,agree to the following particulars in regard to coordination,supervision and running of the City and School District's May 7,2005,Joint General Election. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment,notification (including writ of election),training and compensation of all presiding judges,alternate judges, the judge of the Central Counting Station and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and the School District will be the accepted guidelines for the number of clerks secured to work in each polling place. The presiding election judge of each polling place,however,will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the balloting board. Election judges shall be secured by the Contracting Officer with the approval of the City and the School District. May 7,2005,Joint General Election-Wylie City and LSD 2/2/2005 Page 3 b. Election judges shall attend the Contracting Officer's school of instruction(Elections Seminar)to be held Wednesday,February 4,2005, at the Collin County 380 Courts Building,Central Jury Room, 1800 N. Graves,McKinney,Texas at 1:00 F.M. c. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud,Suite 102,McKinney. Compensation for this pickup and delivery of supplies will be$25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive$10.00 per hour for services rendered. Each alternate judge and clerk shall receive$8.00 per hour for services rendered. B. The Contracting Officer shall procure,prepare,and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold en election and all supplies including locks,pens,magic markers,etc. b. The Contracting Officer shall secure all tables,chairs,and legal documentation required to run the central counting station. c. The Contracting Officer shall provide all lists of registered voters required for use on election day and for the early voting period required by law. The election day list of registered voters shall be arranged in alphabetical order by polling place,in lieu of alphabetic by each precinct in each polling place. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. May 7,2005,Joint General Election—Wylie City and ISD 2/2/200S Page 4 1. Equipment includes the rental of voting machines,ADA compliance headphones and keypads(1 per site),transfer cases, voting signs and tote boxes. 2. Supplies include smart cards, sample ballots, early voting mail ballots,pens,tape,markers,etc. C. The Contracting Officer,Sharon Rowe,shall be appointed the Chief Deputy Early Voting Clerk by the City and the School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 7,2005,Joint General Election shall be conducted during the time period and at the locations listed in Exhibit"A",attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102,McKinney,Texas 75069. I. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants(FPCA)will be sent a mail ballot. No postage is required. d. All Early Voting ballots(those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. The Board shall meet for preparation of the early May 7,2001 Joint General Election—Wylie City and!SD 2/2/2005 Page 5 voting ballots on Thursday, May 5,2005,at 10:00 A.M. They will recess and continue the preparation process and begin tabulation after the mail is received on Saturday,May 7,2005,at 9:00 P.M. They will reconvene to process provisional ballots and late mail ballots from outside the country on Thursday,May 12,2005 at 10:00. D. The Contracting Officer shall arrange for the use of all Election Day polling places. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access,provide security or provide custodial services for the polling locations. The Election Day polling locations are listed in Exhibit"B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Sharon Rowe.The Tabulation Supervisor shall be Patty Seals and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the counts tabulation system in accordance with statutory requirements and county policies,under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted on Thursday,May 5,2005,at 2:00 P.M.,by the Contracting Officer. c. Election night reports will be available to the City and School District at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with new law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted,and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. May 7,2005,Joint General Election—Wylie City and/SD 2/2/2005 Page 6 e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 60 days. 1, Pending no litigation and as prescribed by law,the voted and unused ballots shall be shredded 60 days after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this 60-day retention period. Pending no litigation and if the City or School District does not request the lists,the Contracting Officer shall destroy them 90 days after the election. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable,a written report shall be submitted to the Secretaryof State as required by Section 127.201(E)of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders,resolutions, notices,justice department submissions,official canvass and other pertinent documents for adoption by the appropriate office or body. The City and School District assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City and School District shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic or printed format, C, The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City and School District shall deliver to the Contracting Officer as soon as possible,but no later than Friday,March 11,2005,the May 7,2005,Joint General Election—Wylie Clay and/SD 2/2/200s Pate 7 official wording for the City and School District's May 7, 2005,Joint General Election. b. The City and School District shall approve the"blue line"ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965,any required submissions on voting changes. F. The City and School District shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require,consistent with charges and hourly rates shown on Exhibit"C"for required services. G. The City and School District shall pay the Contracting Officer 90%of the estimated cost to run the said election prior to Friday,March 18,2005. The Contracting Officer shall place the funds in a"contract fund"as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 200 McDonald,Suite 310 McKinney,Texas 75069 ATTN: Alice Dobecka H. The City and School District shall pay the cost of conducting said election, less partial payment,including the 10%administrative fee,pursuant to the Texas Election Code, Section 31.100,within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit"C." IV. JOINT ELECTION AGREEMENT. See Exhibit"D." May 7,2005,Joint General Election—Wylie City and ISO 2/2/2005 Page 8 V. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 7,2005,Joint General Election is to be filed or the place at which any function is to be carried out,or any nontransferable functions specified under Section 31.096 of the Texas Election Code, B. Upon request,the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District, C. If the City and/or School District cancels their election pursuant to Section 2.053 of the Texas Election Code,the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 7,2005,Joint General Election, All actual shared costs incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 7,2005,Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County,Texas. May 7,2005,Joint General Election—Wylie City and ISD 2/2/2001 Page 9 WITNESS BY MY HAND THIS THE_DAY OF , 2005. Sharon Rowe Elections Administrator Collin County,Texas WITNESS BY MY HAND THIS THE DAY OF l�.,2005. Attested: Carole Ehrlich John Mondy,Mayor City Secretary City of Wylie,Texas City of Wylie,Texas WITNESS BY MY HAND THIS THE DAY OF ,2005. Attested: DianaHibbitts,Secretary Brian Miller,Assistant Superintendant Wylie Independent School District Wylie Independent School District Wylie,Texas Wylie,Texas May 7,2005,Joint General Election—Wylie City and ISD 2/2/2005 Page 10 Exhibit"A" MAY 7, 2005, JOINT GENERAL ELECTION City of Wylie and Wylie ISD Early Voting Locations and Hours 77,^Siljenr-31 AAVeliii:14620'' ,701;;:::',1711tAti7.2,1 PiZM v4ne'f'-'74R-" Collin County Election Department 2010 Redbud Blvd.#102 McKinney :(Main Early Voting Location) , Wylie Municipal Complex 2000 N.Hwy.78 Wylie Sunday Monday Tuesday Wednesday Thursday -Fridsi ' Saturday ."--- . . April 17 April 18 April 19 April 20 April 2) April 22 April 23 Sam-Spm Sant-7pm Sam-Sps Sam-Spot April 24 April 25 April 26 April 27 April 28 April 29 April 30 Sam-Spm tiam-Spm Sam-Spm Sam-Spm Sam-Spm May 1 May 2 May 3 May 4 May 5 May 6 May 7 Sam-Spat Sam-Spm Election Day 7am-7pm , - May 7,2005,Joint General Election-Wylie City and ISD 2/2/2005 Page 11 Exhibit"B" MAY 7, 2005, JOINT GENERAL ELECTION City of Wylie and Wylie ISD - . Election Day Polling Locations ii-%•' 1 1' 'th.irvier?':-.1,,1,717`21,7,--T,04r7,;''',7,....,-;,--'N••-•'''',:z-i-,,_2,7.:r::,g4,', ''''';-;-;-'''' r .•'''.1:1..71::Ai.,-7- -,',),,,;,,4 . " ,i:, ,-,:,,iviip, ,,,NbLi,t; p,,.;)4,,,I4,14,. .,,''-,ii:,,,, 6:-.-. ,,, p..);r, P.,-,-,.,-:44,-J•- ,,.', ,,_,. • 4 :I'7111jfft'%,,i,',p'C'''''14 ,,i 4,.1', 1,441, c:if iiii : .:':1 i.vz.r , , ' ,,i. , , .j .„., •, ,.. -'' 'II 1-0.'41„-i.,;tt,{.I -,,, ri li .; ri- i - • : ,1•-1••f•LI,,4,-.14y,N,.4,,j,, • Southfork Mobile Home Park 1 25, 144, 153, 159 ;216 Southfork Blvd. ;Wylie :Wylie Bible Church .27, 33., 41, 56, 83, 133 ,109 W. Jefferson Wylie .. , May 7,2005,Joint Generul Election—Wylie City and ISO 2/2/2005 Page 12 Exhibit"D" JOINT ELECTION AGREEMENT between The City Council of the City of Wylie(the City)and the Board of Trustees of the Wylie Independent School District(the School), BY THE TERMS OF THIS AGREEMENT,the City and the School,do hereby agree,pursuant to the provisions of the Texas Election Code,to hold a joint election of the General Election of the City and General Election of the School District to be held on Saturday,May 7,2005. All entities have contracted with the Collin County Elections Administrator(Elections Administrator)to perform various duties and responsibilities on behalf of the two entities. The two entities shall share equally in the expense of the polling locations,election officials,supplies,ballots and other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for coats incurred by the Elections Administrator in conducting the May 7,2005,Joint General Election;they will be liable only for the contract preparation fee of S75.00. APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS in its meeting held the,day of ,2005,and executed by its authorized representative. By Attest John Mandy,Mayor Carole Ehrlich,City Secretary APPROVED BY THE TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT in its meeting held the day of ,2005,and executed by its authorized representative. By._ Attest Brian Miller,Assistant Superintendent Diana Hibbitts,Secretary ESTIMATED COSTS FOR THE CITY OF WYUE May 7.2005 Exhibit"C'-ELE XXX SUPPLY COST Number of Early Voting Locations 1 Number of Election Day Location: 2 Units Cost WCTY Units Cost WISI 1WCTY Sample Ballots $1.10 each 50 $55.00 125 $137.50 Early Voting Mail Ballots $1.20 each 0 $0.00 10 $12.00 Early voting and election day kits $25.00 each 0 $0.0 3 $75.00 Central Counting kit and supplies $50.00 each 0 $0.0D 1 $50.00 County Precinct Maps $1200 each 0 $0.00 3 $36.00 Printer Labels for EV $15.95 each 0 $0.00 6 $95.70 Total $55.00 $406.20 Number of Entities Sharing Costs , 1 2 SubTotal $55.00 $203-10 Grand Total $$258.10 EQUIPMENT RENTAL COST _ Number of Early Voting Locations 1 Number of Election Day Locations 2 'Units Cost WCTY r Units Cost WMSDMCTY Voting Machines $200.00 each 0 $0.00 13 $2,600.00 Machine Drayage $28.00 each 0 $0.00 13 $364.00 L&A Testing $20.00 each 0 $0.00 13 $260.00 Transfer Cases $5.00 each 0 $0.00 2 $10.00 Metal Signs $1.00 each 0 $0.00 Wood Signs $2.00 each 0 $0.00 2 $4.00 Large Early Voting Signs $5.00 each 0 $0.00 1 $5.00 Early Voting Cabinet $50.00 each 0 $0.00 1 $50.00 Tote Box $1.00 each 0 $0.00 2 $2.00 Early VotingComputer $300.00 each 0 $0.0D 1 $300.00 Total $0.00 $3.599.00 Number of Entities Sharing Costs 1 SubTotal $0.00 $1,799.50 Grand Total $1,790.50 EARLY VOTING Numberol Eady Voting Locations 1 Workers each location 4 Units Coat WCTY Units CoptUWSWWCTY EV Ballot Board Fluctuates 1 $50.00 0 $0.00 Mailed Ballot Kits $1.00 each 5 $5.00 10 $1000 Postage for Ballots $0.58 each 3 81.74 5 $2.90 Asserntde EV Location $50.00 each 0 $0.00 1 $50.00 Total Judge Hours $10.00 each 0 $0.00 123 $1.230.00 Total Alt.Judge&Clerk Hours $9.0D each 0 $0.00 339 $2,712.00 Pickup&Deivary of Supplies $25.00 each 0 $0.00 1 825.0D Total $56.74 $4,029.90 Number of Entities Sharing Costs 1 2 SubTotal $56.74 $2,014.95 Grand Total $2,071.89 • ELECTION DAY 2 Number of Election Day Locations 4 Workers each location • Units Cost WCTY Units CnstWISDIWCTY Total Judge Hours $10.00 each 0 $0.00 28 $280.00 Total AIL Judge&clerk flouts $6.00 each 0 $0.00 84 $672.00 Election Day Technical Support $100.00 per site 00 $0.OD 2 $500.00 Pickup&Delivery of Supplies $25.00 each $0.00 $1,202.00 Total 1 2 Number of Entities Sharing Costs • SubTotal $0.00 $601.00 Grand Total $601A0 ADMINISTRATIVE EXPENSES 1 Number of Eady Voting Locations 2 Number of Election Day Locations Units Coat WCTY 1 Units Cost WISGII CTY Manual Recount Deposit $80.00 each I $80.00 0 $0.00 Process Poll o ken Checks $1.80 each 1 0 $0-00 9 $13.50 Process Election Judge Notices $1.50 each 0 $0.00 6 $9.00 • $22.50 Total �� 2 • Number of Entities Sharing Costs 1 00 $1125 3ubTofai • Grand Total m-2 1 TABULATION • Tabulation Network $4,000.00 Programming $2,050.00 Notice of Tabulation Test $100.00 Total $6,150.00 Number of Entities 10 Total Per Entity $615.00 CENTRALIZED COSTS • Cost for Central Count Workers $1,000.00 FICA on Election Workers $1,000.00 Assemble EV Location $50.00 Early Voting Machines in McKinney(8) $,600 00 L&A Testing of Equipment(8) $300.0016 Early Voting Computer in likK inney Early Voting Personnel in McKinney $3,000.00 Printer Labels for Early Voting $100.00 County Overtime and Temporaries $7,500.00 FICA 8 Retirement for County Employees $1 100.00 Total $15,810.00 Number of Entities 10 Total Per Entity $1,581.00 Total for Tabulation&Centralized Costs $2,198.00 1 SUMMARY OF COSTS FOR CITY OF WYLIE SUPPLY COST $258.10 EQUIPMENT RENTAL COST $1•799•50 EARLY VOTING $2,071.69 ELECTION DAY $601.00 ADMINISTRATIVE EXPENSES $71.25 TABULATION/CENTRALIZED COSTS $2,196.00 Total $6,997.54 10%Ackninistrative Fee $699.75 Grand Total $7,89729 90%Due By Mach 18,2005 $5,927.56 1 CITY OF WYLIE Item No. D City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Other: Department: Engineering Prepared By: Chris Hoisted Date Prepared: 01/26/05 Exhibits: Agreement, Resolution AGENDA SUBJECT: Consider and act upon approval of a resolution authorizing the City Manager to execute an agreement with Estates at Creekside, Phase III, Development, Inc. for reimbursement of$105,674.50 for the installation of 1,965 feet of 20-inch water line. RECOMMENDED ACTION: Approval SUMMARY: Phase IV of the Creekside development includes property for the construction of a new 2,000,000 gallon elevated storage tank to serve the north west portions of the City. Previous phases of the Creekside development have installed oversized waterlines in preparation of the new tank. Phase III includes approximately 1,965 feet of 20-inch water line along Hinnant Dr. and Peggy Loftice Dr as shown on the attached display. The water line was included in the last impact fee update and funds are available for the project. The total cost of the water line and valves is $105,674.50 and the current water impact fee balance is $3,950,332.15. The City will reimburse the developer 100% of the construction cost of the water line as outlined in the attached agreement. Construction of the Creekside elevated storage tank is projected to begin this summer. Also included in the agreement are park improvements which were previously authorized by Council on January 27, 2004. APPROVED BY: Initial Date Department Director: CH \ 01/26/05 City Manager: Ne \ &-G it RESOLUTION NO. 2005-XX(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE REIMBURSEMENT AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS BETWEEN THE CITY OF WYLIE, TEXAS AND THE ESTATES AT CREEKSIDE, PHASE III, DEVELOPMENT, INC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the reimbursement agreement for infrastructure improvements between the City of WYLIE, Texas, and The Estates of Creekside Phase III, Development, Inc., SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 8th day of February, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 1 EXHIBIT "A" Creekside Phase III 20-inch Water Line Reimbursement Contract. Resolution 2 1 1 I 1 ;' dg ' s I r _ cd-y i �8 I' 1 I I,Irr _ � . i•'. - ---?_;-.- h.�=—.-T--_C- - -- P+_ 6€ j.' �• 29 30 ,j 3i 32 �� •Im.an i l W - i ^ i ,. I,:� CREEIQSIDEESYAT 3 � o~¢ lK I l� svu I > 1-•r• uH� I �I I `'.,_.� PHASE 4 __- I i Ir - � W sii nA a.nao W il • I l _ — 1 ��.azy Lat 9' -- �� i aorsrri• _=t�,_rx=1 `1 T wnw, ry• t r,Oxm.a I MORC C MA LTA Yx •-Y M.K I 1 . ) '1 ' Y/.K ` i 5 `0 r-�a 1 2 3 4 i 7 ® •� � p —,I if e 5 6 I ir`il L ,. ,I — II ! i I I 9 10 if ' 11 i1�s. enar� �Y�,I4if p 4 AuC diIT4IN a` AA �t� r 12 l/ ll"`s .ar °.�('' I arc r";ame, i I�i i 14 I 15 I 16 1 4: 3� m`.'c nus 111 ....__.. 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V i' lid it 1e �T e,,,a>r.,��_Jf' ' �M ML,M MKS cAaR,cs �M a C T 1 _ urn G i FEU PAST x C.• ') OUP Sux1Mr SC.F'SC[dxFt tw'Mr S W S I X..O,M i0V W MOPO.xO G.NES 1` uy d 7�, �, " S.w Y :F 4. M5 IOU M LOTS 'Y t -VP --.(‘'1',..' ,\ p J 4.. • i�.Rmo.l +�v to- MMU]t IXII.T:MC O+SIWG w S. i .. !. cE>,*�xvs.nLc«a LOSS one SHEEP 8 x...c.rno Mo aAS91 aw .��. �R tw �:SAS 19 • Moss Construction .Co., Inc. • •(972)442-0499 Utility Contractor Fax(972)442-4758 . Y • 3455 West F.M.544 * Wylie,Texas 75098 JESTATES AT CREEKSIDE PHASE III DEV. DATE: 14-May.S4 TO: . Attention':. TIM WARREN OR GARY DEFRAIN , 8235 DOUGLAS AVE,SUITE G ' DALLAS,TEXAS 76225• 214 691.0682 Phone: 214-691.2556 • Fax: We are pleased to submit to you this proposal for construction of the following work: Description of Work: Water,Sanitary Sewer,and Storm Sewer Installation . . Location of Work: CREEKSIDE ESTATES PHASE 1111-WYLIE • . Total Project: $ 541,42't.00 . NOTES; 1, 20 working days required to substantially complete.. ' 2. Excess ditch excavation to be spread on lots adjacent to.dltch.(Transport of surplus excavation NOT included). . 3, Erosion control for Inlet bottoms only is included and all other erosion control and maintenance by others. . 7i2::6,..14../... 4, Owner to furnish the contractor with a sales tax exemption certificate for Public Utilities 5. Includes the following: n Bo - a.Maintenance Bond. b.Lab Cdat. 6. Exclude the following: a,Tree Clearing, h.Haul Off b.Lab Cost. I. Grade to Drain • . . . d.Inspection Fees. j. Fence Replacement ' • d,Water Meters, • k.Additional Move-In • e,'Construction Staling. •1.Seeding and Sodding f. Landscaping. m.Performance Bond • ' g,Sprinklers, n,Concrete Pavement Removal or Replacement . 7, All underground conflicts to be relocated by others. • • • a, We wilt construct private water,sanitary sewer,and storm sewer if we are permitted to build by city, y, ' your licensed plumber shall take out plumbing permits,pay fees,test and • .'inspect all private plumbing lines, 9. Water services to(meter box). • 10. Sanitary Sewer Services to(property Ilne). . Our proposal is based on our utility work being Installed prior to any new Gas,Phone,Electric,Cable or other • utilities being Installed. 12. We will set all manholes,cleanouts,fire hydrants,valve boxes,and Inlet tops to grades provided by your • engineers on original Installation, Any changes required after the initial installation Will be et the owners expense. . 13. This quote Is based on plans dated 4/30/04. The above quantities have been estimated for your convenience. However,this proposal is one unit price basis with payments to be made on actual measured quantities of work completed, .; Thle proposal is based on work constructed within the dedieafedenrra•l$,alleys,and witty easements. This proposal,s also based on all engineering,grades,and alignments being furnished by the Owner,together with al necessary permits from the City.County,Stale of other interested parties,end all inspection feet to be paid by the Owner. This proposal is based art placing all surplus utility excavation on adjacent lots.The-Owner is to pay for any truck rental needed to move the surplus utility excavation. s •- • On the last day of each month estimates shall be prepared Including all of the completed work plus all of the material on hand for the — uncompleted portion,end 90%of me estimate chat be paid'hot later than the 10th day or the following month Final estimates shall be • ' prepared immediately upon completion and shall be paid In full within(10)ten days seer acceptance by the City. . Your acceptance of this proposal by signing and returning one copy to us within(10)ten days and the approval by us of credit anangemehls • wilt constitute a Contract between us,ptwided we are allowed to begin construction within flay days Of the original proposal date. • This proposal or contract la subject to cancellation If a National emergency should*oust materials to became unavailable. . • ACCEPTED; Moss Constru tlo o.,Inc. • Company; • By: Print Name: • Print Name: J Kolb • Title: Title: E timato`r'By: . • Date: s/1f°V • An signing you acknowledge you area duly authorized agent of Owner,authorized to/ , execute this document,and to enter Into agreements contained herein. ' • • • 7. . `(for:WYUE-CREEKSIDE ESTATES PHASE ill Page 1 of 2 Bid From:Mona Construction Co Inc. • • RE: • CREEKSIDE ESTATES PHASE 1111-WYLIE Unit Price • Extension J SECTIONTER Desotlpticn 7 Rem No. QuaffUnit -18 P C 7 ,540.00 1 .. 1 ,60 1 800 2 900 LF • 8"" 8 PV G TER MAIN 1B GAT LVE 1p; 00 S 3 •650.00 4 16 EA G R VHLvt 2,250.00 20,250.00 • 5 9 EA STD FIRE HYDRANT ASSEMBLY 1,900.00 • 11,400.00 6 TON GAST IRON FITTINGS '300.00 • 11 400.00 6 93 EA • 1"DOMESTIC SERVICE 3,550.00 8 3 EA CONNECT TO EXISTING WATER MAII 1,150.00 3,450..00 AIR RELEASE VALVE • 2,200.00 3,432.50 00d S 2 EA 0,50 263,097.00 • 6865 LF TRENCH SAFETY 10 • • TOTAL SECTION] • SECTION It SANIATRY SE ER Unit Price Extension ttem No. QUant Ur t Descti ton g t Pric $ 4 xtensi n 1 2670 LF 8"SDR-35 SANITARY SEWER 1 720.10 10, 17.00 2 7 FA 4'DIA STD MANHOLE 40D:00 • 1,200,00 3 EA CONNECT TO EX B"STUB 200 00 21,200,00 3 • 4 68 EA 4"SANITARY SEWER LATERAL 0,060,00 4 4"SANITARY SEWER LATERAL DEEF , 880,00 267,00 4A •26701 LF . TRENCH SAFETY 0.10 • 4,26 ,00 5 1 LFDENSITY&MATERIAL TESTING 4,200,00 g4,200,00 g 1 LS TOTAL SECTION II • • SECTION III-STORM SEWER Unit Price Extension Item No. Quant• Unit • Descti tlon $ 1 t Price $ Extension 1 330 LF 54"CL III RCP 102 00 11,730.00 • 2 115 LF 48"CL III RCP • 65,00 28,600.00 3 440 LF. •36 CL 111 RCP 36,50 36,662.50 4 • 1005 LF 24"CL III RCP 28 00 13,560.D0 5 485 LF 18"CL III RCP 3,200.00 g • 1 EA 6'X5'STORM SEWER JUNCTION BOX 3,200,00 00,00 1,950.00 • 7 13 EA RCP WYE CONNECTION 2 860,00 22,880,00 i 14'CURB INLET 8 6 EA 2,200.00 13,200,00 9 , 6 EA " 10'CURB INLET 2, 00.00 3, 00,00 10 1 EA 54"TY B HEADWALL 880.00 .11 1 EA 18"TYE HEADWALL 880,007,800 12 •70 CY 10"-12"ROCK RIP RAP EROSION 10010 237,50 13 2375 LF TRENCH SAFETY 2,g40.00 2,640,00 14 1 LS DENSITY&MATERIAL TESTING. 18B,160A0 TOTAL SECTION III • MISCELLANEOUS Unit Price Extension Item Na. Quantity Unit Description . gam �� 1 1 LS £gie9se TOTAL MISC • 531,ig21 TOTAL QUOTE: , • • • 91 • • • • —.,.-..tervi I. r•IIGetecirlm CCTATFS PHASE 111 Page 2 of 2 Bid From:Moos Construction Co.,Inc. MARIO SINACOLA Fax:214-387-3940 May 19 04 15:19 P. 02• !__ • U l S MARID SINACOLA & SONS .-- a er EXCAVATING, INC. • May 19,2004 Estates at Creekside Ph. III Development, Inc. 8235 Douglas Avenue, Suite 650 Dallas,Texas 75225 , • ATTENTION: Mr,Gary Defrain • GENTLEMEN: We propose to furnish all labor,materials and equipment necessary to construct the following described work: PROJECT: Creekside Estates,Phase III LOCATION: Wylie,Texas GRADING Item Description Quantity Unit Unit Bid . Total Bid . . i 1 Clearing&Grubbing 28.00 AC 300:00 $ 8,400..00 2 Uncl Ex, Incl.Rough Grading(Bank 27,465.00 CY 1.60 $ 43,944.00 • 3 Lot Benching(Initial) 95.00 EA 150.00 $ 44,250.00 4 Lot Benching(Final) 95,00 EA 50.00 $ ' 4,750.00 5 Stabilized Construction Entrance 1.00 EA 1,500.00 $ 1,500.00 GRADING TOTAL $ 72,844.00 PAVING Item Description Quantity Unit Unit Bid Total Bid 1 6"3600 PSI Conc.Pvmt. 10,500.00 SY 18.50 $ 194,250.00 • 2 8"3600 PSI Conc.Pvmt. 5,650.00 SY 22.16 $ 125,204.00 3 8"3600 PSI Conc. Pvmt. Alley 1,750.00 SY 26.50 $ 46,375.00 4 7"Lime Stabilized Subgrade 17,250.00 SY 1.60 $ 27,600.00 5 Hydrated Lime©39.4#/SY 340.00 TN 83.00 $ 28,220.00 6 Street Header 91.00 LF 10.00 $. 910.00 7 Sidewalk 4"Thick 6,100.00 SF 2.75 $ . 1:6.,776.00 .8 idewalk 5"Thick for mil 16 Ann no SF 225 s ' • ::6O0100. 9 as Il cauR W! o Goals 1-00 Ls 25,000.00 $ •25,000.00!Q l, 10 Two(2)Soccer Goals 1.00 LS 2,295.00 $ 2295,00 ' 11 Baseball Backstop 1.00 LS 3,200.00 $ 3;200.40 . •12 6"3600 PSI Conc. Parking Lot 1,050.00 SY 24-93 $ 26,176.50 • 12A 7"Lime Stabilized Subgrade 1,114.00 SY 1.60 .$ 1,782.40 12B Hydrated Lime Q 39.4#/SY 22.00 TN 83.00 $ 1,826.00 92C Striping and Signage 1.00 LS 2,000.00 $ 2,000.00. . ;13 Barrier Free Ramps 5.00 EA 750.00 $. 3,750 00 '14 Temp.TY III Barricade 90.00 LF 27.00 $ .2,430A0 • '15 Low Water Crossing 1.001 00 16 Rem. Barricade&Conn.To Exist 3.00 EA 6 800.00 $ 6,800.00 17 . Maintenance Bond 1.00 LS PAVING TOTAL $ 57-,• • .90 cOlfA, ) Aff Printed:5i12n004 2004-108;051904;Rov'd G,P Proposal;Estates at Creaksida Phase Ill-Prop 4ii Papa_1 of 3 UTILITIES • PAVING • EXCAVATING • P.O.BOX 2329 • 10950 RESEARCH ROAD • FRISCO,TEXAS 75034 (214)387-3900 • ENGINEERING FAX(214)387-3940 • FINANCE FAX(214)387-3950 . - . ... • ' MARIO SINACOLA Fax:214-387-3940 May 19 '04 15:19 P.03 .- .�._SINACO�.,�► & SONS EXCAVATING,INC, • QUALIFICATIONS: - Units are based on Bury+Partners-DFW,Inc. plans Dated: 04/30/04-Received:05/05/04. - All work on this proposal will be performed with one move-in at one time - Excavation is based on a conventional scraper operation not to exceed 1500'haul - Our excavation quantity is 27,465 cubic yards and our neatline embankment quantity(zero - Final quantities will be determined using"Approved Plans" - Maintenance Bond cost for paving is$6800 - No concrete,geotechnical,or compaction testing • - Basketball court quote is 50'x80'x5" depth grade beam slab with two regulation basketball extended backboard hoops w/galvanized poles; light broom finish on the slab with white regulation striping designating boundary,free throw,and half court lines -• Soccer goals are two portable regulation sized with nets, manufactured by Gametime, heavy duty commercial - Baseball backstop includes three baseball backstop galvanized panels 10'wide x 15'tall (angled • at the top) • - No grading for soccer field or ball field - No excavation or backfill for lot retaining walls - No fence removal, replacement or repair - No grade to drain or channel excavation - No hand labor in tree area } - No tree clearing on perimeter fencerows - No hazardous material removal -- No import,export or trucking of material - No landscape,irrigation,electrical adjustments or repairs - No maintenance,installation or removal of erosion control devices - No median paving stones - No permanent traffic markings or signage • - No permits,impact fees or fees of any kind • - No pond de-mucking,cleaning or general clean up - No respreading of topsoil,sod, or seeding • - No rock excavation • No undercutting • - No sates tax on incorporated materials • - No street lighting • • • • • "le Printed:5/19/2004 2004-108:051904;Revd G,P Proposal;Estates at Creakside Phase Iti-Prop Page: of S MRRIO SINRCOLR Fax:214-387-3940 May 19 '04 15:19 P.04 • MARIO S. INACOLA & SONS EXCAVATING,INC. : • • • - No surveying • Subgrade preparation/stabilization quantity needs to be adjusted to included subgrade • - No trash haul-off - No manhole blockouts for separate pour back;paving to be completed around manholes in - Brick pavers included in barrier free ramps Reinforced steel to be#3's on 18"c-c both ways in streets and#3's on 12"c-c in alleys - Street subgrade to be+/-0.20 feet and pad subgrade to be+/-0.30 feet of proposed grades • No building demolition or haul-off - No well abandonment • Trees to be chipped and disposed on-site • Owner to provide suitable location with city water on-site or adjacent to the site for a concrete - We have quoted this project on a unit price basis,any work not specifically quoted or qualified is • Should you have any questions,or need clarification regarding this proposal,please feel free to contact'this Sincerely, MARK)SIN COLA SONS EXCAVATING,INC. • is aei Sinacola • i Vice President • • • • • • • • • • • /4e ,4 6,A Printed:5/10/2004 2004-105;051904;Rev'd G,P Pro00501:Estates at CreeltstOe Mese f ft-Prop • Page:9 of 3 CITY OF WYLIE Item No. E City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Other: Department: Parks and Recreation Department Prepared By: Robert Diaz, Asst. Superintendent Date Prepared: January 31, 2005 Exhibits: Vendor Registration Form AGENDA SUBJECT: Consider and act upon a request from the Wylie High School Girls Softball program to sell concessions as a fundraiser at the Tanya Jo Memorial Softball Tournament on March 3-5, 2005. RECOMMENDED ACTION: Staff recommends approval. SUMMARY: Wylie High School Girls Softball program booster club is requesting to sell concessions for the Tanya Jo Memorial Tournament to be held March 3-5, 2005 at Founders and Community Parks. The booster club has sold concessions for this tournament the past 4 years without any problems. The Parks and Recreation Board approved the request at the January 25, 2005 meeting. Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. APPROVED BY: Initial Date Department Director: RD \ 1/31/05 City Manager: indi? \ MPII CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP.ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Heather Damron Location Founders and Community Park Address Wylie High School Date(s) March 3-5,2005 Phone No.972-429-3000 Start Time Thursday afternoon,March 3 Alternate Phone No. End Time Satruday night,March 5 Contact Person Name Number of Individuals Vending Items 10 to 15 Address Target Audience softball players and their families Phone No. Anticipated Number in Attendance at Event 3-500 Alternate Phone No. Specific Items to be Sold various concession items Emergency Contact Name hot dogs,drinks,chips,candy. T-shirts and other Address memorbilia may be sold. Phone No. Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks, cigars,tobaccos, cigarettes,fruits, candies, goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. F City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Other: Department: Parks and Recreation Department Prepared By: Robert Diaz, Asst. Superintendent Date Prepared: January 31, 2005 Exhibits: Vendor Registration Form AGENDA SUBJECT: Consider and act upon a request from Girl Scout Troop#2426 to sell cookies at Founders/Community Parks as a fundraiser on February 22 and 26, 2005. RECOMMENDED ACTION: Staff recommends approval. SUMMARY: Troop#2426 has sold Girl Scout cookies at Community Park for the last few years without any problems. The Parks and Recreation Board approved the request at the January 25, 2005 meeting. Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identifr the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. APPROVED BY: Initial Date Department Director: RD \ 1/31/05 City Manager: ifO \ 07-4-04 CITY OF7 TEIE CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP.ORGANIZATION.INDIVIDUAL.ETC. EVENT INFORMATION Name Candy Arrington I G.S.Troop#2426 Location Founder's Address 3204 Waterpark Dr Date(s) Feb 22 and Feb 26 Phone No.972-442-4477 Start Time 5:00pm on 22nd and 8:00am on 26th Alternate Phone No. 214-957-5000 End Time 7:30pm on 22nd and 1:00pm on the 26th Contact Person Name Candy Arrington Number of Individuals Vending Items 6 Address same Target Audience soccer players and their families Phone No.same Anticipated Number in Attendance at Event Apr-00 Alternate Phone No. Specific Items to be Sold girl scout cookies Emergency Contact Name Kelly Beal Address 1306 Old Knoll Dr Phone No.972-429-9669 Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks, cigars,tobaccos, cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided,however,that this section shall not apply to any person,organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. G City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Special Called Meeting Department: City Manager Prepared By: Mindy Manson Date Prepared: January 31, 2005 Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Budget transfer for the purpose of funding a portion of the laser fiche program. RECOMMENDED ACTION: Staff recommends approval. SUMMARY: Within the FY 2004/2005 Budget, the City Council approved a total of $33,093.00 in expenditures for the implementation of the laser fiche program. The intent of the laser fiche is to move toward a "paperless" environment, by enabling staff to scan documents resulting in electronic storage and retention, rapid search capabilities and convenient access from the website and ultimately for paperless Council agendas with the use of laptop computers. The funding for the project was split between the City Secretary's office and the Municipal Court, the two departments which will, initially, be the predominant users. Staff did not, however, budget for a key element for the program which is a$15,710.00 server software. Also included within the FY2004/2005 Budget was a Bailiff/Warrant Officer for Municipal Court. A full year of salary was budgeted for the position, however, the position will not be filled prior to March 1, resulting in a personnel cost savings of over $18,000. As such, staff is requesting authorization to transfer a portion of funding from the Municipal Court Personal Services Budget to cover the software purchase. APPROVED BY: Initial Date Department Director: MM \ 1/31/05 City Manager: MBR \ 2/2/05 ' :ales >`:Dar:Luxc L7uii1:�; ai l0 �bsrerf faserFk1te S t.zm Cn netrts �,� Mt�delNti.. T�ttiitPrtcae... .....>e nal TtxtafPrrar,,,,;, ;:: 1 Server Software(MS-SQL) F $8,580 $ 8,580.00 1 VSI-Fax Server(Includes five client licenses) PM $1,990 $ 1,990.00 Budget for annual support to be paid eachyear afterfirst year $2,310 . �aawi�c-wrc . • m meat..... Brooktrout Fax Board(4-port fax) $3,490 $ 3,490.00 1 Special Services(1 day tech-per diem-travel) N/A $1,650 $ 1,650.00 Cash Investment Pa ent Schedule --- _De.osit Due with Sales•uote 70% $10,997.00 _Due on Delive of Product 30% $4,713.00 Plus Sales Tax - --............TOTAL ..$......................15,710.00. I This proposal includes only the above quoted products.Additional PO Box 308 services will be invoiced at Saliant Technologies current rates. Bethany, OK 73008-2701 2 Any sales tax will be added to all invoices. Phone: (405)789-0942 3 Any applicable Use Tax is the responsibility of the client. Toll Free:(888)394-1331 4 Proposal includes factory warranties unless otherwise specified. Fax: (405)789-0948 We appreciate the opportunity to meetyour business needs. To Accept thisQuote,ptease sign and return: Mindy Manson,City Manager Dan A Lundy,Saliant Technology CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Other: Department: Engineering Prepared By: Chris Hoisted Date Prepared: 01/26/05 Exhibits: Display, Resolution AGENDA SUBJECT: Consider and act upon approval of a resolution authorizing the City Manager to send a request to the City of Sachse for disannexation of approximately 1.4112 acres of land and proceed with annexation by the City of Wylie. RECOMMENDED ACTION: Approval SUMMARY: The City of Wylie and Sachse thoroughfare plans shows McCreary Road extending south from FM 544 and connecting with Maxwell Creek Road as shown on the attached display. The largest portion of right of way for the road is located on the Jones property. However, the City of Sachse owns a piece of property on the west side of the Jones tract that is approximately 92' wide and encompasses 1.4112 acres. The City of Sachse has indicated that this property is excess property from their water tank site and would consider disannexing the property and dedicating it as right-of-way for McCreary Road. To require the developer of the Jones tract to construct the road, the property must be annexed into the City of Wylie. The proposed resolution would authorize the City Manager to negotiate with the City of Sachse for the dedication of the property as right-of-way and proceed with necessary documentation to annex the property into the City of Wylie. APPROVED BY: Initial Date Department Director: CH \ 01/26/05 City Manager: /Y1 QJ \ a-01-4 RESOLUTION NO. 2005-XX(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO NEGOTIATE WITH THE CITY OF SACHSE TO ANNEX APPROXIMATELY 1.4112 ACRES OF LAND FOR THE FUTURE ALIGNMENT OF MCCREARY ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to negotiate with the City of Sachse for the annexation and dedication of approximately 1.4112 acres of land for the future right-of-way for McCreary Road, SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 8th day of February, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 1 Page 1of1 Chris Hoisted From: Stacy Stockton [sstockton@acei.ws] Sent: Wednesday, January 19, 2005 10:15 AM To: • Chris Hoisted Cc: cjsmith@meritagetexas.com; Rob Adams; Gavin, Mike Chris- I received a fax from Gary Adams with the City of Sachse today requesting that the Wylie City Manager send a letter requesting the de-annexation of the strip of land they own adjacent to the Jones tract for the purpose of constructing the portion of McCreary Road extension to Maxwell Creek Road that lies within our property. He will begin process as soon as Bill Atkinson (Sachse City Manager) receives the request. I have attached a copy of the survey we had prepared for this exhibit. If there is any problem with this request please let me know as soon as possible. Thanks J. Stacy Stockton Adams Consulting Engineers, Inc. 500 Nolen Drive, Suite 550 Southlake, Texas 76092 Phone: (817) 329-6990 Fax: (817) 329-7671 1/19/2005 • irt "1 .e- 2�} SURVEY-ABSTRACT LINE 46 ° v Zo W.M. SACHSE SURVEY HAROLD W. CRISWELL Z BARB-WIRE A ABSTRACT NO. 835 B FENCE ON 1.4' 4.983 ACRES (FIRST TRACT) VOL. 4005 PG. 2258 4"STEEL FENCE / S 85°39'12" E ^ , POST FOUND BEARS / 92.00 (DEED-S 85°44'04 E) D.R.C.C.T. s 85°39'12"E-1 46' • / 4"STEEL FENCE }, POST FOUND PLACE OF BEGINNIN MARY ALLENE JONES Aq G 87.2 ACRES `� PARTITION DEED CITY OF SACHSE IP co X VOL. 826 PG. 579 1.4112 ACRES(TRACT 2) WD.R.C.C.T. VOL.2344 PG.375 g O D.R.C.C.T. Z m X CA) m BASIS OF BEARINGS: H. MAXWELL SURVEY O ABSTRACT NO. 579 m O cmz1 9 BEARING OF N 00'15'30" W ti 9 N m to �' 1466.13' ALONG SURVEY LINE O - HAROLD W. CRISWELL o Ui m X ��°, BETWEEN N.W. CORNER OF HEREIN 9.863 ACRES (SECOND TRACT) c P Z T1 "' DESCRIBED TRACT AND 5/8" IRON VOL. 4005 PG. 2258 .1: 2 - ROD WITH YELLOW PLASTIC CAP 'a , X co m STAMPED "RPLS 5405" FOUND FOR D.R.C.C.T. g I -< y THE N.W. CORNER OF 87.282 AC. rn zo Ui TRACT (TRACT II) OF PAR11110N m 0) r C11 DEED AS DESCRIBED IN VOLUME N. m X 826 PG. 579, DRCCT. 124,158SQ.FT. --2.850AC. f 0' 200' 400' 600' BY THIS INSTRUMENT F x p••• I= MN MI MINIM 1/2"I.R.F. ,�' T.P.& L. 20'EXPLORER PIPELINE ESMT. CALLED 9.32 AC. X VOL.775 PG.422 VOL. 574 PG. 41 1, VOL. 2325 PG. 730, DRCCT •a'STEEL FENCE T.P.& L. N 00°12'30" W — 149.78' .A� sTFOUND 1/2"I.R.F. ,•1 ABSTRACT NO. 579 ° 1' cp N85°25'50" E -- 60.41' o (DEED N 85°13'14"E-60.47' ) JAUNIECE M. KINNEY o '. LL z X GI (/) E3 SEM0N1 11.447 ACRES : Oi z 7.1 z O o �p EP 161 VOL. 3814 PG. 325 _ Z o g cA ° in N1 M 66gPG' D.R.C.C.T. • a �, co Q m O "P o 6 von. ti� .n l ; it v 6- X -p O T -. rn 4 * N, \, z O MARY ALLENE JONES CITY OF SACHSE •J�"' • a o-m� - m 87.282 ACRES 5.5445 ACRES(TRACT 1) 163.09' x z ` m v PARTITION DEED VOL.2344 PG.375 m � VOL_ 826 PG. 579 S :':° 0'13" W F D.R.C.C.T. D.R.C.C.T. o o ,r-< o N 8° I cca i �`_ o m CITY OF SACHSE o z ; 0.5436 ACRES oo ' m a VOL. 1974 PG. 971 o p / D.R.C.C.T. w 9 a"STEEL FENCE "DEED"-CONVEYANCE TO CITY m 0 POST FOUND OF SACHSE,VOL.2344 PG.375. 0 ccn'` LR.F.-IRON ROD FOUND '� 0 I C.I.R.S.-5/8"IRON ROD SET W/YELLOW PLASTIC CAP STAMPED"RPLS 5405" i DALLAS MAPPING & DESIGN DRAWN: CAD 104 SHERWOOD DR. ,i-" ,,, (972) 569-0281 EXHIBIT "A" DATE: 1/05 MURPHY, TEXAS 75094-4244 DISANNEXATION PARCEL FAX—(972) 384-0106 SCALE: 1 "= 200' e 1 Being situated in the W.M.Sachse Survey, Abstract No. 835,Collin County,Texas and being part of a 5.5445 acre tract of land called "Tract 1"and all of a 1.4112 acre tract of land called"Tract 2"conveyed to the City of Sachse,Texas, a Municipal Corporation, by Warranty Deed with Vendor's Lien recorded in Volume 2344 at Page 375 of the Deed Records of Collin County,Texas(DRCCT)and being more particularly described as follows; BEGINNING at a point in the west line of said W.M.Sachse Survey and the east line of a 4.983 acre tract(called First Tract)of land conveyed to Harold W. Criswell by Warranty Deed with Vendor's Lien recorded in Volume 4005 at Page 2258 of the DRCCT and being the most northerly northwest corner of a 253.394 acre tract of land described in deed recorded in Volume 824 at Page 467 of the DRCCT and also being an ell corner of a 87.282 acre tract of land conveyed to Mary Allene Jones by Partition Deed recorded in Volume 826 at Page 579 of the DRCCT; THENCE South 85 deg. 39 min. 12 sec. East with the north line of said City of Sachse Tract 2 and along fence line passing a 4"steel fence post at 1.46 feet and continuing for a total distance of 92.00 feet to a 4"steel fence post found for the northeast corner of said Tract 2; THENCE South 00 deg. 36 min. 59 sec. East with the east line of said Tract 2 and a west line of said Jones tract at 658.47 feet pass a 1/2"iron rod found for the southeast corner of said Tract 2, said iron rod being in the north line of a called 9.32 acre tract of land conveyed to Texas Power&Light Company, Inc.(TP&L)by Molly H. Sachse et al in Warranty Deed recorded in Volume 574 at Page 411 and amended in Volume 2325 at Page 730 of the DRCCT, at 808.51 feet pass a 1/2"iron rod found for the most northerly northeast corner of said Tract 1 and in the south line of said TP&L tract and continuing for a total distance of 875.54 feet to a 4"steel fence post found for corner; THENCE North 85 deg. 25 min. 50 sec. East with a northerly line of said Tract 1 and with a northerly line of said Jones tract and generally along fence line 60.41 feet to a 4"steel fence post found for corner; THENCE South 01 deg.40 min. 30 sec. East with an easterly line of said Tract 1 and with a westerly line of said Jones tract and generally along fence line 263.04 feet to a 5/8"iron rod with yellow plastic cap stamped"RPLS 5405"set(5/8"iron rod set)for corner; THENCE South 88 deg.40 min. 13 sec.West passing a chain link fence post at 2.00 feet and continuing coincident with a chain link fence and its'projection 163.09 feet to a 5/8"iron rod set for corner in the west line of said Tract 1 and the east line of an 11.447 acre tract of land conveyed to Jauniece M.Kinney by Warranty Deed recorded in Volume 3814 at Page 325 of the DRCCT and from which a found 2"brass monument in concrete stamped "Ben S. Garrett Survey LA TEXAS OK LA" bears South 00°00'51"West a distance of 600.33'; THENCE North 00 deg. 14 min. 50 sec.West with said west line of Tract 1 and east line of Kinney tract 327.91 feet to a 1/2"iron rod found for corner,said corner being in said south line of TP&L tract; THENCE North 00 deg. 12 min. 30 sec.West across said TP& L tract 149.78 feet to a 1/2"iron rod found for the southwest corner of said Tract 2 and the southeast corner of a 9.863 acre tract(called Second Tract)conveyed by said Criswell deed; THENCE North 00 deg.20 min. 54 sec.West with the east line of said Criswell tract at 588.47 feet passing the a 5/8" iron rod found for the northeast corner of said Criswell tract and continuing for a total distance of 666.69 feet to the PLACE OF BEGINNING and containing 124,158 square feet or 2.850 acres of land, more or less. BASIS OF BEARINGS: BEARING OF N 0015'30" W 1466.13' ALONG SURVEY LINE BETWEEN N.W. CORNER OF HEREIN DESCRIBED TRACT AND 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5405" FOUND FOR THE N.W. CORNER OF 87.282 AC. TRACT (TRACT II) OF PARTITION DEED AS DESCRIBED IN VOLUME 826 PG. 579, DRCCT. 1 DALLAS MAPPING & DESIGN EXHIBIT "A„ DRAWN: CAD 104 SHERWOOD DR. , „ , (972) 569-0281 DATE: 1/05 MURPHY, TEXAS 75094-4244 DISANNEXATION PARCEL FAX—(972) 384-0106 ' SCALE: 1"= 200' N SI S f`\\\\ \ct di, t ie . )gym. R f �, .{ . pit d , r ' Ai -. IV." ' --la in It, „t . _ ioc.... . 1 3„# r =.-9., ; ..-moo, 444., t _. _ y tifl,, 1 h,ZYy .. (c)Copyright 2004,Pictometry International . I ./Yl_ v-r-r__A.. .._L_1�..J.1 11— — _ s6 cws — — - ft99°44'08E-1 87.8 ' - - --- -=-Cee48O6;W-68760' •-— - !A-0-5405- _ _ .._ _-. - \ ESMT TO T P.8 L/ PIPE RAIL FENCE &TWO GUY ANCHORS ON PROPERTY VOL.397 PG.15 OFF PROP.1 4' g t.9., VOL.525 PG.21 •• h I I m I Im 59.62 ACRES ZONING DISTRICT "A" — NONREE PIPE RAIL FENCE-Cr OFF PROP.1.9' PROPOSED ZONING — PLANNE: 1 E "COMMERCIAL CORRIDOR HELLEN PICKARD 11.176 ACRES - C.C.F. No. 96-0043722 D.R.C.C.T. ANCHOR ON PROPERTY • PIPE RAIL FENCE ` 'A OFF PROP.-1.1' { YC' ' g F .cru RE rot c.ca-Er2y 1 , WIPIPE RAIL FENCE, - i\ fr.‘11 ME µT E IISTING ZONING W "AGRICULTURAL" OFF PROP.2 5' TRACT ONE N8ff' 1570.00 W.M. SACHSE SURVEY, ABSTR/ A. BREEN Sc JOYCE E. BREEN •5.955 ACRES 5,695,067 SQ.FT. I VOL. 1692 PG. 0804 D.R.C.C.T. 130.741 ACRES al I I w � N 85°39'12"W-92.Ocf' ��, '"! ;OLD W. CRISWELL BAR. 1RE FENCE ON 1 4' ACRES (FIRST TRACT) I gljj+5 _`ysiV .- 4005 C.TPG 2258 STEEL FENCE I (DEE0.N 87.15•N) �� N3QQ i yi OO LVf v D.R.C.C.T. POST FOUND BEARS 14'STEEL FENCE 1"1� �1 S 85'39'1Y E-144' r.� POST FOUND A $ M, 5f6'IRF-S 00.2729"E-7623'0 35 O"IS' S''�' -- CIS TY OF SACHSE 4" / ci TRACT II 41.4112 ACRES -Dx51> %.—vilAQ VOL. 2344 PG. 375 �A D.R.C.C.T. ° mu $0 o ^i 7 VQ�1 4 o5�i'� v m HAROLD W. CRISWELL i • m Q° '.863 ACRES (SECOND TRACT) m . VOL. 4005 PG. 2258 D.R.C.C.T. • S LASTS L'r 3 ,c '"'"-----,......,,, ,,Ls S89'53'15"E 494.85� tn 42"I.R.F 787:14 1 48.91 20'EXPLORER PIPELINE ESMT. N 89°53'15"W -260 Ci-, 4•STEEL FENCE VOL.775 PG.422 POST FOUND S 89°53'05"E-2600.9E N 00°36'59"W-67.03' s w s7.00) o (DEED-S 64' SEMe-Nj m o z " \ .04,N P PG 151 . - = 60 N•,1OL.° . -., \ __• ,- S 85°25'50"W-60.41 m A 1 fs ?: o � 55.82 ACRES M � ,ii . \ ZONING DISTRICT "C" — VILLA I PROPOSED ZONING — PLANNE O? m CITY OF SACHSE 1714 TRACT TWO 0.5436 ACRES I VOL. 1974 PG. 97f P'TTcEL FENCE D.R.C.C.T. ' ..• FOUND W.M. SACHSE SURVEY, ABS1 t ti 2,431;529 S�( FI co,,- ,..?'" 55.820•ACRI=S < F n F`b.."�2i1 tics i , , / „,....,,, a . .. k F- 1 _i - J \. . I. f it ei ,i li et . 0 7 --: ti , IIIII Betsy CR 228 J 1 Ply Kill. - • • K,, L ,)._ L________r_ 1 ,____, ........ •. FIA 3412 ;1' --- - .,,,,,.., • 41 ti"- • sum IRA a RI 1 II •.. A je oer- l ., 11174filiRP:1411,40all ,IPUTT,;, 'dam., • i.,_ 1 newer/ .7.4i0„10'.., min4zia: r wpm" it— t pliio a...it sitl a sow fr 4i Mo.1111: F41 - . ... NE ' mill tc Millirmft— .... e: .-- - ..0 A ... io F ... .... A.,. imbivi ,,:..._,,,,, ,,....„=„. , ,,Al 1,, 111*V.:14,-46.11111 1 cii? iirv....*,.. , ..... _ ," ei.-...„... 104 -4e-,i ft- ip 1:111r,,Ni mil . 41 wa i i • 4 it, Lake ° ...._ 11".. V. ...• .. . Ray Hubbard pkiar %Ire* ..., # • , ...I.!. /4„,, :14 s tilis -7 ' 0.4441t .11A1.1.111 fa in%‘411t • Ire a :-..r . _ , ,,,,,,. A. ... I\4#1 E. . NIth Et • ...Ell m Fol.. \<.•‘• .. . . : I - iiilw ,... 4M II 60 ' Or Vt. .••' * N ' 9 rb .4 NI marammee .4 . • . die 41,11 .. taLL -- 0M ii.%?‘ INIMININIIIIMIIIIII_WAI 46 .--;; IIMINIME•11 , */* CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Other: Department: Engineering Prepared By: Chris Hoisted Date Prepared: 01/26/05 Exhibits: Resolution, Proposal AGENDA SUBJECT: Consider and act upon approval of a resolution authorizing the City Manager execute a proposal for engineering services for a temporary traffic signal and conceptual intersection layout at the intersection of FM 1378 and Park Blvd. in the amount of$32,625.00 to Bucher, Willis& Ratliff Corporation. RECOMMENDED ACTION: Approval SUMMARY: On November 10, 2004 the City of Wylie submitted a traffic signal warrant analysis for the intersection of FM 1378 and Park Blvd. The Texas Department of Transportation (TxDOT) approved the study on January 13, 2005. To expedite the installation of the signal it is necessary for the City to hire a consultant to prepare the engineering plans. The 1999 City Bond program included $750,000 for intersection improvements located throughout the City and $103,710.91 has been spent to date. Some of the improvements identified in the bond program have been installed by TxDOT and private development; therefore, funds are available for this project. The proposal also includes the conceptual paving design on FM 1378 for the addition of left turn lanes. We are still negotiating with TxDOT in regards to funding options for the signal and roadway improvements. The general services portion of the contract includes $18,185 for the signal design, $3,400 for the conceptual paving improvements design, and $500 for expenses. The special services include surveying, advertising and bidding, and attending meetings with TxDOT. The special services may not be necessary pending the outcome of the negotiations with TxDOT. APPROVED BY: Initial Date Department Director: CH \ 01/26/05 City Manager: n7B,< I 1' BUCHER, WILLISWRPILLRIASitRAN RATLIFF ENGINEERS 1 PLANNERS 1 ARCHITECTS January 26,2005 Mr. Chris Hoisted,P.E. City Engineer City of Wylie,Texas 2000 Highway 78 North Wylie,Texas 75098 RE: Proposal for Temporary Traffic Signal PS&E and Conceptual Intersection Layout FM 1378(Country Club Rd.)at Park Boulevard Dear Mr.Hoisted: Bucher, Willis &Ratliff Corporation(BWR) is pleased to present this proposal for providing professional services for designing a temporary traffic signal at the intersection of FM 1378 (Country Club Rd.) and Park Blvd. to TxDOT standards and for preparing the conceptual design for paving improvements at the same intersection. The scope and magnitude of this work reflects our understanding of the City's desire to improve this intersection by installing a temporary traffic signal prior to the start of the fall 2005 school calendar and the City's desire to work with TxDOT to accomplish the paving improvements. We propose to provide professional services for a lump sum amount of TWENTY-TWO THOUSAND EIGHTY-FIVE DOLLARS ($22,085.00) to provide the traffic signal design ($18,185.00), the conceptual paving improvements design($3,400.00), and the expenses ($500). A detailed fee breakdown is provided in Attachment CO,Fee and Labor Schedule. We offer special services to the extent authorized for a not to exceed amount of TEN THOUSAND FIVE HUNDRED FORTY DOLLARS ($10,540.00) to provide surveying ($3,000), advertise and bid signals ($2,340), and attend meetings with the City and TxDOT ($5,200). The combined estimated cost for professional services is THIRTY-TWO THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS($32,625.00) Based on receipt of a notice to proceed in early February, 2005, the first submittal to TxDOT for review shall be on or before March 1, 2005. Enclosed are two copies of our Agreement for Professional Services. BWR looks forward to continue working with the City of Wylie through this project. Should you have any questions, please contact Ray Flemons,PE or myself. Sincerely, BUCHER,WILLIS&RATLIFF CORPORATION Jeffrey S. Ground,P.E. Vice President,Municipal Services Enclosures 8140 WALNUT HILL LANE,SUITE 90(1 DALLAS,TEXAS 75231-4351 Tel:214/373-7873E Fax:214/373-7875 AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF DALLAS § This AGREEMENT is entered into by City of Wylie, Texas , hereinafter called "OWNER'and Bucher, Willis & Ratliff Corporation, hereinafter called "BWR". In consideration of the AGREEMENTS herein, the parties agree as follows: I. EMPLOYMENT OF BWR: In accordance with the terms of this AGREEMENT: OWNER agrees to employ BWR; BWR agrees to perform professional services in connection with the Project; OWNER agrees to pay to BWR compensation. The Project is described as follows: Design a temporary traffic signal at FM 1378 and Park Boulevard per TxDOT Standards and prepare a conceptual layout for intersection improvements to add a left turn lane from southbound FM 1378 to eastbound Park Boulevard. II. SCOPE OF SERVICES: BWR shall render professional services in connection with Project as set forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. III. COMPENSATION: OWNER agrees to pay BWR for all professional services rendered under this AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part of this AGREEMENT. IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the OWNER and BWR. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and BWR, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of OWNER and BWR and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and BWR and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF,they have executed this AGREEMENT,the— day of ,20 ATTEST: OWNER By: By: ATTEST: BUCHER,WILLIS &RATLIFF CORPORATION (BWR) By: By: James R.Flemons,P.E. Sr.Vice President ATTACHMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER ARTICLE I BWR shall render the following professional services in connection with the development of the Project: A. DESIGN PHASE: BWR shall provide professional services in this phase as follows: 1. Prepare plans to TxDOT standards for the construction of a temporary traffic signal. In addition to the design, plans shall include standard TxDOT details and quantity take-offs for TxDOT to let the design improvements to construct a temporary traffic signal. Temporary refers to the signal heads being strung from cable between poles. Future FM 1378 plans should include permanent traffic signal plans. 2. Contact utility companies to determine approximate location of underground utilities. 3. Prepare an opinion of probable construction cost. 4. Submit traffic signal plans to the City and TxDOT for review/approval and make appropriate corrections. 5. Prepare a conceptual layout for the intersection paving improvements. This layout will be for the City and TxDOT to use to determine the general scope of the necessary pavement improvements to the intersection. No detailed or preliminary design plans will be prepared. No field surveying along the length will be performed. The conceptual design will be prepared from existing aerial images as provided by the City and through NCTCOG. 6. Submit conceptual design plans to the City for review/approval and make appropriate corrections. 7. Attend four (4) meetings with the City to review, discuss or present submittals or plans or findings. B. CONSTRUCTION PHASE: BWR will proceed with the performance of services in this phase as follows: 1. Assist OWNER/TxDOT in conducting a pre-construction conference with the Contractor. 2. Make two (2) visits to the site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Contract Documents. If BWR is requested to visit the site more frequently than the specified number of visits, the requested visits shall be considered an Additional Service and BWR shall be entitled to additional compensation. 3. In performing the services outlined above, BWR will endeavor to protect OWNER against defects and deficiencies in the work of Contractors; BWR will report any observed deficiencies to OWNER, however, it is understood that BWR does not guarantee the Contractor's performance, nor is BWR responsible for supervision of the Contractor's operation and employees. BWR shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. BWR shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. 4. Consult and advise with OWNER during construction, make recommendations to OWNER regarding materials and workmanship. 5. Interpret the plans and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an Page 1 of 4 ATTACHMENT SC Additional Service. 6. Based on BWR's observations as an experienced and qualified design professional and review of the Application for Payment and supporting documentation submitted by Contractor, determine the amount that BWR recommends Contractor be paid on the final estimate, pursuant to the. General Conditions of the Construction Contract. 7. Conduct, in company with OWNER's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). 8. Revise the construction drawings in accordance with the information furnished by construction Contractor(s)reflecting changes in the Project made during construction. Two (2) sets of prints of"Record Drawings" shall be provided by BWR to OWNER. C. SPECIAL SERVICES: BWR will proceed with the performance of special services in this phase upon authorization from the City on a per item basis as follows: 1. Perform a topographic design survey at the intersection of FM 1378 and Park Blvd. This survey is to determine the limits of the intersection improvements, existing utilities and known features to assist in determining the location for the poles required for the temporary traffic signal. 2. Attend four (4) meetings with TxDOT to discuss or review the project or submittals. If requested to meet more frequently than the specified number of visits, the requested visits shall be considered an Additional Service and BWR shall be entitled to additional compensation. 3. Provide printing, plotting and reproduction of plans and documents for the City and TxDOT. Final TxDOT documents shall be 11x17 size plan sheets printed on mylar. Review submittals shall consist of four(4) sets of plans total for TxDOT and the City. Final plans shall consist of ten(10)sets of plans. 4. Provide miscellaneous and necessary expenses to perform the scope of work. This is inclusive of delivery charges,currier services,travel,mileage,photographs,etc. 5. Prepare advertisement and bid documents for public bid of the signal improvements and assist the City in the bid process. ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by BWR, if authorized by OWNER, which are not included in the above described basic and special services,are described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. C. Preparing applications and supporting documents for permits, government grants, loans, or planning advances and providing data for detailed applications. D. Providing shop,mill,field or laboratory inspection of materials and equipment. E. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. F. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during the Construction Phase. G. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. Page 2 of 4 ATTACHMENT SC H. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by BWR on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. I. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. ARTICLE III TIME OF COMPLETION: BWR is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in six(6)weeks exclusive of review time. BWR reserves the right to extend the completion schedule due to OWNER's or other's delays. Additional compensation may be requested by BWR if project is unduly prolonged due to delays beyond the control of BWR. The first submittal to TxDOT shall be within three (3)weeks of the notice to proceed. ARTICLE IV RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of BWR: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to BWR's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the plans and specifications. C. Assist BWR by placing at BWR's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for BWR to enter upon public and private property as required for BWR to perform services under this AGREEMENT. E. Examine all studies,reports,sketches,drawings, specifications,proposals and other documents presented by BWR, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of BWR. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. H. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or BWR may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. I. OWNER shall determine, prior to receipt of construction bid, if BWR is to furnish Resident Project Page 3 of 4 ATTACHMENT SC Representative service so the Bidders can be informed. J. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. K. Give prompt written notice to BWR whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of BWR's services, or any defect or nonconformance of the work of any Contractor. L. Furnish, or direct BWR to provide, Additional Services as stipulated in Attachment SC, Article II of this AGREEMENT or other services as required. M. Bear all costs incident to compliance with the requirements of this Article IV. N. Provide coordination with TxDOT for construction and design of the paving improvements beyond the conceptual design. Page 4 of 4 ATTACHMENT CO COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON HOURLY RATES A. Compensation to BWR for the Services in Attachment SC are estimated not to exceed THIRTY-TWO THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS ($32,625.00), of which, TWENTY-TWO THOUSAND EIGHTY-FIVE DOLLARS ($22,085.00) shall be a lump sum amount for providing provide the traffic signal design ($18,185.00), the conceptual paving improvements design ($3,400.00), and the expenses ($500). TEN THOUSAND FIVE HUNDRED FORTY DOLLARS ($10,540.00) shall be a not to exceed amount to the extent authorized for providing surveying ($3,000), advertise and bid signals ($2,340), and attending meetings with the City and TxDOT ($5,200). The services are based on BWR's project understanding and a detailed fee breakdown is provided in Attachment CO,Fee and Labor Schedule. If BWR sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, BWR will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work: Position Rate/Hour Principal $175 Project Manager/Sr. Engineer $130 Engineer $ 95 Technician $70 Administrative $ 65 C. Rates for In-house Services Description Rate Bond $0.45 per square foot Vellum $2.00 per square foot Mylar $3.00 per square foot Bluelines/Blacklines $0.45 per square foot Offset and Xerox Copies $0.10 per single side copy Offset and Xerox Copies $0.22 per double side copy GBC Binding(Reg. Cover) $5.00 per book Survey Mileage $0.45/mile Mileage Current IRS Approved Rate E. Other Direct Expenses Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. ATTACHMENT CO FEE&LABOR SCHEDULE City of Wylie,Texas TEMPORARY TRAFFIC SIGNAL and CONCEPTUAL INTERSECTION LAYOUT(FM 1378 AT PARK BLVD.) SECTION 1-Traffic Signal Design . s:: ,' fig:>a ,'�v i .N h. Principal PM/Sr.Eng. Engineer Tech Admin. Total Hrs. Total Cost Site visit and inventory data collection(review study) 4 4 $520 Coordination with Electrical Utility 2 2 1 5 $465 Review signal design data and prepare design concept 2 2 4 $400 Title Sheet and Index of Sheets(1 sheet) 1 2 2 5 $450 Temporary Traffic Signal Summary(1 sheet) 2 2 4 8 $720 Summary of Small Signs(1 sheet) 2 1 4 7 $630 Temporary Traffic Sign and Striping Layout(1 sheet) 2 2 4 8 $720 Span Wire Equation Sheet-assume two(2)sheets 4 8 8 20 $1,800 TxDOT Standard Detail Sheets 2 4 4 10 $900 Quantity Calculations 1 4 2 7 $630 Estimated Construction Costs 2 4 2 8 $760 Sumbmittals and Revisions 8 8 8 2 26 $2,450 Prepare Final ConstructOn Documents 4 4 4 2 14 $1,290 CIA/QC 4 4 4 12 $1,580 Construction Observation and Consulting(2 site visits) 8 4 4 16 $1,680 Record Drawings 1 2 4 7 $590 Project Management 20 20 $2,600 ;i y,< 'Subtotal E8th ILeborx('rr s") 4 69 49 54 5 181 •, 1°' 1 �Hourl�yAa salryCpst(Indu,ng0(H )dr afrWe)' $175 $130 $90 $70 $65 ;; 1 f; .,s .f .9 .r, t `. ,xp t ,4= - SUB�'OTALSALARYCOSTS $700 $8,970 $4,410 $3,780 $325 .,k .S$ $18,185 SUBTOTAL TRAFFIC SIGNAL DESIGN $18,185 Section 2=;Special Services'. '( , _<'� /4 , .-k < . rr ZrZentZ,Z4Z tag ':, .: `. Principal PM/Sr.Eng. Engineer Tech Admin. Total Hrs. Total Cost Conceptual Paving Improvements(Lump Sum) 12 8 16 36 $3,400 Meetings with TxDOT(4 meetings) 24 4 28 $3,380 Meetings with City(4 meetings) 12 4 16 $1,820 Expenses(milage,printing,plotting,reproduction,currier,etc.)(Lump Sum) 0 $500 Surveying of Intersection 0 $3,000 Advertise and Bid Signal Construction 16 4 20 $2,340 0 $0 ; Subtotal Estimated Larbor(Hrs.) 0 64 8 16 12 100 t iri 5' 4 ourly$?Lary Cost(indudin�Ott Br�Pr9P,9 $175 $130 $90 $70 $65 r ,> :; u „ �,1 ,,, ; .,.a 7e1St/BTOTAL SALARY'COSTS $0 $8,320 $720 $1,120 $780 6d, ,. » �' $14,440 SUBTOTAL SPECIAL SERVICES $14,440 TOTAL PROFESSIONAL ENGINEERING SERVICES $32,625 Bucher,Willis Ratliff Corporation 1/26/2005 ATTACHMENT TC TERMS AND CONIDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to City of Wylie,Texas The term BWR as used herein refers to Bucher,Willis&Ratliff Corporation,its employees and agents;also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Bucher,Willis & Ratliff Corporation pursuant to the AGREEMENT. 2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK required by the AGREEMENT by altering,adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in BWR's cost of, or the time required for, the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINIATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten days' written notice. In the event of termination, BWR will be paid for all services rendered and reimbursable expenses incurred to the date of termination and,in addition,all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall BWR or its subcontractors be liable in contract, tort, strict liability, warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss of product, loss of use of the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist BWR by placing at BWR's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. BWR shall have no liability for defects or negligence in the Services attributable to BWR's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold BWR harmless from any and all claims and judgements,and all losses,costs and expenses arising therefrom. BWR shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specification or other information furnished by Owner to BWR that BWR may reasonably discover in its review and inspection thereof. 6. INSURANCE: BWR shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Worker's Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability(Any Auto) Professional Liability CSL $1,000 Annual Aggregate $3,000 7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor for BWR is incompetent or undesirable, Owner will notify BWR accordingly and BWR shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings,reports data and other project information developed in the execution of the Services provided under this AGREEEMENT shall be the property of the Owner upon payment of BWR's fees for services. BWR may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by BWR will be at Owner's sole risk and without liability or legal exposure to BWR, or to BWR's independent associates or consultants, and Owner shall indemnify and hold harmless BWR and BWR's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle BWR to further reasonable comepensaion. BWR may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in BWR's other activities. Any reuse by BWR will be at BWR's sole risk and without liability or legal exposure to Owner,and BWR shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Page 1 of 2 BWR OWNER ATTACHMENT TC 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that BWR has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, BWR does not take possession or control of subject site, but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Futher, BWR shall have no responsibility for any pollutant during clean-up,transportation,storage or disposal activities. 10. OPINION OF PROBABLE COSTS: BWR will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations,feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by BWR hereunder will be made on the basis of BWR's experience and qualifications and represent BWR's judgement as an experienced and qualified design professional. It is recognized, however, that BWR does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, BWR will furnish Construction Representation according to the defined scope for these services. BWR will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, BWR will endeavor to protect Owner against defects and deficiencies in the work of Contractors; BWR will report any observed deficiencies to Owner,however, it is understood that BWR does not guarantee the Contractor's performance,nor is BWR responsible for the supervision of the Contractor's operation and employees. BWR shall not be responsible for the means,methods,techniques, sequences or procedures of construction selected by the Contractor, or the safety of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a BWR's employee or BWR's agent, the duties,responsibilities and limitations of authority of such Resident Project Representatives(s)will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by BWR based on the amount of services completed. Payment for the services of BWR shall be due and payable upon submission of a statement for services to OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to BWR's compensation. If OWNER fails to make any payment due BWR for services and expenses within thirty (30) days after receipt of BWR's statement for services therefore,the amounts due BWR will be increased at the rate of one percent(1%)per month from said thirtieth (30th) day, and, in addition, BWR may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMENT until BWR has been paid in full,all amounts due for services,expenses and charges. 13. ARBITRATION: No arbitration arising out of,or relating to,this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and BWR each are hereby bound and the partners,successors,executors, administrations and legal representatives of OWNER and BWR are hereby bound to the other party to this AGREEEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants,agreements and obligations of this AGREEMENT. Neither OWNER nor BWR shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due)this AGREEMENT without the written consent of the other,except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent BWR from employing such independent associates and consultants, as BWR may deem appropriate to assist in the performance of service hereunder. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize BWR's Services, only the terms, conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT,then this AGREEMENT shall prevail and shall be determinative of the conflict. Page 2 of 2 BWR OWNER Texas Department of Transportation P.O. BOX 133067 • DALLAS,TEXAS 75313-3607 • (214) 320-6100 January 13, 2005 Control: 1392-01 Highway: FM 1378 at Park Blvd County: Collin Mr. Chris Hoisted, P.E. City Engineer City of Wylie 200 Highway 78 North Wylie, TX 75098 Subject: Traffic Signals Dear Mr. Hoisted: We reviewed the traffic signal warrant study provided to TxDOT for the above subject location. Based on this study and our field investigation, we concur with your request to authorize a traffic signal installation. Attached is a signed Traffic Signal Authorization Form for the above location. This authorization will allow TxDOT to proceed with the design and installation of the traffic signal. Please feel free to contact Mr. Linden Burgess at (214)320-6237, if needed. Sincerely, Terry M. ams, P.E. Director of Transportation Operations Attachments FRC: fc An Equal Opportunity Employer —* AirTexams Traffic Signal Authorization Form an Aorta ent of Transportation Form Revised 3/18/2003 City Name* or Rural Area County County No. District Wylie Collin 043 DAL Population by latest federal census*: 15,132 * If unincorporated city,show"Unic.";population not required. Control Ref. Hwy. No. & Street Name (if any) Mile Point Section Marker Major St.: FM 1378 12.312 1392-01 Freeway frontage road? ❑ Yes ® No Minor St.: Park Blvd Freeway frontage road? ❑ Yes ® No Signal Requested: ❑ Flashing Beacon ® Traffic Signal ❑ Other Request of(date): 11/10/2004 by: ® City ❑ County ❑ TxDOT ❑ Individual District Traffic Section Recommendations: • ❑ None ❑Flashing Beacon ® Traffic Signal ❑ Other Remarks: TxMUTCD Warrant(s) met (check): ® 1 ® 2 ® 3 ❑ 4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 Maintenance by: ❑ City ❑ County ® TxDOT Installation by: ❑ City ❑ County ®TxDOT ❑ Contract Funding by: ®District Maintenance Funds ❑ Urban (HES) ❑ Preventive Maintenance Program (CPM) ❑ Other(specify) Estimated Cost: $80,000 Proposed Letting Date: FY 06 `fit.20c4,44, 1/1 l D s Dan Turk 063 Traffic Se on Signature (date) Project Manager&No. Remarks: Recomme dations Ap roved: -fi(ge---d ci/ //D26.5— District Engineer (date) Send one copy to the Traffic Operations Division (TRF-TE) for permanent file. CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Special Called Meeting Department: City Manager Prepared By: Mindy Manson Date Prepared: February 2, 2005 Exhibits: Request, Map, Ordinance AGENDA SUBJECT: Hold a Public Hearing and consider and act upon an Ordinance abandoning a portion of Third Street between Highway 78 and Oak Street. RECOMMENDED ACTION: See below. SUMMARY: Staff has received a request from Darla Burrows, owner of property located at the intersection of Highway 78 and Oak Street, for the closure of that portion of Third Street between Highway 78 and Oak. As part of the widening of Highway 78 certain streets, including Third Street, were not reconnected to the new pavement on Highway 78 in order to eliminate intersections. Because the road will no longer carry through traffic, the owner has requested that it be abandoned so that a portion of the land may be used in conjunction with their existing property. Background: When it became apparent in the late 1990's that TxDOT was not going to reconnect various intersecting streets with Highway 78, the Council appointed a Local Design Task Force to evaluate alternatives. The Locally Preferred Alternative was approved by Council (please see attached) and submitted to TxDOT. Subsequent Council discussions included options to reroute Oak Street so that it would intersect with Highway 78 at a right angle; each of which have an impact to some degree on the right-of-way of Third Street. Closure of Third Street would have a direct impact on which, if any, alternative is available to the City for the realignment of Oak Street. Other Considerations: An additional consideration for the abandonment involves the amount of sale. In previous requests for abandonment of improved right-of-way, the City has obtained an appraisal for the value of the land and offered it to adjacent property owners, in compliance with Ordinance 96-25. Staff has determined that there are no water or sewer lines within the right-of-way. The Ordinance further states that existing utilities located within the right-of-way are converted to easements through platting or other legal instruments by those new owners acquiring said rights-of-way. APPROVED BY: Initial Date Department Director: MM \ 2-3-05 City Manager: ,4I d1 \ 1 AGENDA SUBJECT: Hold a Public Hearing and consider and act upon an Ordinance abandoning a portion of Third Street between Highway 78 and Oak Street. SUMMARY: (continued) As previously stated, the widening of Highway 78 has created several instances where streets will no longer connect, creating opportunities to close streets, reroute streets, or improve development options. While each of these circumstances may have a unique set of conditions, it may benefit the overall appearance, function and development along Highway 78 to evaluate the area in its entirety at this time. Recommendation: 1. Staff recommends that this item be tabled in order to review the request in the context of all of the Highway 78 parcels that are similarly affected; or 2. If the Council wishes to approve this request, staff recommends that it be conditional upon obtaining an appraisal to determine the value of the land so that it may be offered at fair market value to the adjacent property owners. ORDINANCE NO.2005- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING A PORTION OF THIRD STREET; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN THE INTEREST IN WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID PORTION OF STREET SHALL BE OFFERED FOR SALE TO ADJACENT PROPERTY OWNERS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the property described herein includes the platted right-of-way of Third Street being seventy (70) feet in width located between State Highway 78 and Oak Street, Block 16 of the Railroad Addition; WHEREAS, owner of the property adjacent to said street right-of-way has requested that the right- of-way be abandoned and be sold to adjacent property owners for use in conjunction with the redevelopment of these adjacent properties; and WHEREAS, the City of Wylie has determined that said portion of street is no longer needed for public access purposes, provided that existing utilities located within said right-of-way are converted to easements through platting or other legal instruments by those new owners acquiring said rights- of-way; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,THAT: SECTION 1: That the above described street right-of-way is no longer necessary for public access purposes, provided that existing utilities shall be located within easements, and that said portion of street should be abandoned in favor of adjacent property owners. SECTION 2: That this abandonment shall extend only to the public right, title and interest which the City of Wylie, Texas may have in and to said street, and shall be construed to extend only to such interest that the governing body of the City of Wylie may legally and lawfully abandon. SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas this 8th day of February, 2005 John Mondy, Mayor City of Wylie, Texas ATTEST: Carole Ehrlich, City Secretary City of Wylie, Texas ,?2K ce-v lrufl 09r-4/0 8 rvo -r2-0 zr7r4'4,4; / 1-(b"-v:xic -Two' Tr )7-17)0 416 .?'• r144 -YruYLQ rri-9/ 7 ( h'er 07-"P r (74'xr r -rff 4/7_r-0,iv -141) sooe 7,s -ew4i-ric- y-d7 14`7'xi 49:0-wv � O 77-(` 49-`? � I- V '� '�7� r 721ur -0)d 1)(7-11 60SL �vL � ?J4(h g X(r)H lv 190e 27/p7 6 47V s�o� 'ic -4)-y -f/�m�c \ Northwest Side / / , N j. Y - N AA NTMWD '' * , • , , N� BB Wylie Muffler ' CC John Deere S LE: 1"=300' DD Simmons Lumber 4iii . z/# " . � EE 1st Baptist Church '. R__ / /)‘ e _- @ / I ___ ,-, . . .... --- _ _ _ ,- I II7 iv_t}- g_____ _ Apt 7 '419/4" .7.7�viAz r ° 1 Qa4141 04717:), ''07%"-WL:'Vr.;'44'7 '-' - g- '-'T. '',...-,.T3, x:,•i ce ai¢ .OvA } j N.* , �4V 444t4c4**** e SIC@ C � /:' 4/ ' , , iv 4.i. * 0 \ .&' .1.4 c,„‘ .../ M*4 ' / , ' ' ,/ N N.:J*4 40%-e.wAis ,,N yid&All/- N A,* ..it Southeast Side G Century 21 0 Little Ceasars I-I Self Storage P Outlaw BBQ A SnoCone Shack I Trailer Park Q Dollar General W Steak Country B Chapmans Restaurant J Vacant R Action Heating & Air X Western Auto C Regal Lube & Oil K GTE S Carwash Y Gingerbread House D Alaska Air L Residence T Wylie Tile & Carpet Z State Farm pliF' E Yellow Building M Fina U Wylie Pawn F Wylie Super Market N Poole Feed V 1st Wylie Center CITY OF WYLIE,TEXAS CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Other: Department: Police Prepared By: Jeff Butters Date Prepared: 01-25-05 The Wylie Police Department Annual Exhibits: Contact Report(2004) AGENDA SUBJECT: Annual Report on Racial Profiling Statistics RECOMMENDED ACTION: No Action Required. SUMMARY: The Texas Racial Profiling Law (S.B. 1074) requires the Wylie Police Department to collect citation-based contact data for the purpose of identifying and addressing (if necessary) concerns regarding racial profiling practices among police officers. S.B. 1074 requires the Wylie Police Department to submit an annual report of our contact data to the City Council. The contact data must be submitted by March of the following year. The Wylie Police Department has exceeded the racial profiling training requirement of S.B. 1074 for the calendar year 2004. The Wylie Police Department has complied with all requirements of S.B. 1074 for the calendar year 2004. The Wylie Police Department has not received a racial profiling complaint in 2004. Dr. Alex Del Carmen prepared the Wylie Police Department Annual Contact Report. Dr. Del Carmen is a University of Texas at Arlington Criminal Justice Professor and a recognized expert in the area of racial profiling. Dr. Del Carmen has concluded that the Wylie Police Department has complied with S.B. 1074. APPROVED BY: Initial Date Department Director: JB \ 1/25/05 City Manager: /yid 4 \ The Wylie Police Department Annual Contact Report (2004) tf ':, \ ' % 1' 4 ' tE\`'s t. '� r,� ,,ems i 4k ;': jai, Y ii Del Carmen Consulting, LLC (I) Introduction Opening Statement January 7, 2005 Wylie City Council 2000 State Highway 78 North Wylie, Texas 75098 Dear Distinguished Council Members, In recent years,the concept of racial profiling has emerged as a prevalent theme among law enforcement agencies in the United States. Three years ago,the Texas legislature, in an attempt to address the issue of racial profiling in policing, passed the Texas Racial Profiling Law(S.B. 1074). Since becoming effective,the Wylie Police Department, in accordance with S.B. 1074,has collected citation-based contact data for the purpose of identifying and addressing(if necessary) concerns regarding racial profiling practices among police officers. In this particular report,you will find three sections that contain information on citation-based contact data along with documentation which aims at demonstrating the manner in which the Wylie Police Department has complied with S.B. 1074. Section 1 contains the table of content in addition to the Texas Law on Racial Profiling. Also, in this section,you will find the list of requirements relevant to the Racial Profiling Law as established by TCLEOSE (Texas Commission on Law Enforcement Officer Standards and Education). In addition, sections 2 and 3 contain documentation which demonstrates compliance by the Wylie Police Department with the Texas Racial Profiling Law. That is, documents relevant to the implementation of an institutional policy banning racial profiling, the implementation of a racial profiling complaint process (which has been disclosed to the public) and the training administered to all law enforcement personnel, are included. The final components of this report provide statistical data relevant to public contacts, made during the course of traffic stops, between 1/1/04 and 12/31/04. This information has been analyzed and compared to data derived from the U.S. Census Bureau and to the citation-based contact data collected in 2002 and 2003. The final analysis and recommendations are also included in this report. I am hopeful that the findings presented in this report represent the willingness of the Wylie Police Department to identify and resolve (if necessary) issues relevant to racial profiling. Sincerely, lex De armen Consulting, LLC Table of Content Table of Content (I) Introduction a) Letter to City Council b) Table of Content c) TCLEOSE Outline of SB 1074 Requirements d) The Texas Law on Racial Profiling (S.B. 1074) (II) Responding to the Texas Racial Profiling Law a) Institutional Policy on Racial Profiling b) Educational Campaign Relevant to the Complaint Process— Addressing Allegations of Racial Profiling Practices c) Racial Profiling Training of Law Enforcement Personnel d) Report on Complaints Filed Against Officers for Violating the Racial Profiling Law(includes outcome of investigation) e) Police (Traffic-Related) Contact Information Table (2004) f) Table Depicting Baseline Comparison(2004) g) Three-Year Data Assessment(02-04) h) Analysis and Interpretation of Data(2004) (III) Summary a) Checklist b) Contact Information Texas Racial Profiling Law Requirements IGuidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard,or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling,and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an"agency of the state,or of a county,municipality,or other political subdivision of the state,that employs peace officers who make traffic stops in the routine performance of the officers' official duties." The article further defines race or ethnicity as being of "a particular descent,including Caucasian, African,Hispanic,Asian,or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1,2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop,to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so,whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (a)(2)states,"the governing body of the county or municipality served by the law enforcement agency,in conjunction with the law enforcement agency,certifies to the Department of Public Safety,not later than the date specified by rule by the department,that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A)and the agency does not receive from the state funds for video and audio equipment sufficient,as determined by the department,for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP(tier one)and Article 2.133 CCP(tier two). The minimum requirements for"tier one"data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained(race and ethnicity as defined by the bill means of"a particular descent,including Caucasian,African,Hispanic,Asian,or Native American"); 2) whether a search was conducted,and if there was a search,whether it was a consent search or a probable cause search;and 3) whether there was a custody arrest. The minimum requirements for reporting on"tier two"reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected,e.g.,hazardous traffic,non-hazardous traffic,or other criminal investigation(the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted,and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type,if any,of contraband that was collected; 6) disposition of the stop,e.g.,arrest,ticket,warning,or release; 7) location of stop;and 8) statement of the charge,e.g.,felony,misdemeanor,or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county,municipality,or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1,2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds[See 2.135(a)(2)TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category,for example,if only one American Indian is stopped and searched,that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case,a 100%search rate would be skewed data when compared to a 50%rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops,the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity,and • whether a search of the vehicle was conducted and whether consent for the search was obtained. The Texas Law on Racial Profiling S.B. No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENAC l'ED BY THE LEGISLATURE OF THE STATE OF I'LXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection(b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio egu jpment as provided by this subsection,the policy adopted by the agency under Subsection(b)must include standards for reviewing video and audio documentation. (e) A report required under Subsection(b)(7)may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by apolicy under Subsection(b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection(b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made,the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender, and (B) the person's race or ethnicity, as stated by the person or,if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so,whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; c7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection(b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection(b)may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department,that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop,the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection(j)to read as follows: fj) As part of the initial training and continuing education for police chiefs required under this section,the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection(e)to read as follows: (e) As part of the minimum curriculum requirements,the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection(d)to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address,physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea,the judgment,and whether bail was forfeited; [( ] the date of conviction; and (9) [(8)] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1,2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31,2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection(e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection(j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection(e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection(j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001. President of the Senate Speaker of the House (II) Responding to the Law Institutional Policy on Racial Profiling Racial Profiling Policy Policy Number: 614 Effective Date: January 1, 2002 PURPOSE The purpose of this policy is to reaffirm the Wylie Police Department's commitment to unbiased policing in all its encounters between officers and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of department policy and the law. II. POLICY It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in a racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. III. DEFINITIONS Racial Profiling. A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. Racial Profiling Policy - Page 2 of 5 The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person's activities simply because of that individual's race, ethnicity or national origin is racial profiling. Examples of racial profiling include but are not limited to the following. • Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race, ethnicity or national origin. • Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. • Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. A law enforcement agency can derive two principles from the adoption of this definition of racial profiling • Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect. • Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, etc. Race or Ethnicity: Of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American. Pedestrian Stop: An interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. Traffic Stop: The stop of a motor vehicle by a peace officer for an alleged violation of a law or ordinance regulating traffic. III. TRAINING A. Officers are responsible to adhere to all Texas Commission of Law Enforcement Officer Standards and Education (TCLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. B. All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at lest two years, shall complete a Racial Profiling Policy Page 3 of 5 TCLEOSE training and education program on racial profiling not later than September 1, 2003. C. The Chief of Police, as part of the initial training and continued education for such appointment, will be required to attend the LEMIT program on racial profiling. D. An individual appointed as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. IV. COMPLAINT INVESTIGATION A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. B. Any person who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channels or direct the individual(s). Any employee contacted shall provide to that person instructions on the complaint process and will report any allegation racial profiling to their superior before the end of shift. C. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable time period. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the Chief. When applicable, findings and/or suggestions for disciplinary action, retaining or changes in policy shall be filed with the Chief. D. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. E. If there is a departmental video or audio recording the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. VI. PUBLIC EDUCATION This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service, or civic presentations, the internet, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. Racial Profiling Policy - Page 5 of 5 3. whether a search was conducted and whether the person detained consented to the search; 4. the reason for any searches; 5. whether any contraband was discovered during the search; 6. whether an arrest was made and if so the charge; and 7. any citations issued. BY ORDER OF CHIEF OF POLICE Lt. Mike Davis From: Mark Witter[mwitter@ci.wylie.tx.us] Sent: Thursday,October 07, 2004 9:45 AM To: mwitter@ci.wylie.tx.us Subject: eWYLIE-October 2004 In receiving this issue, if your e-mail software does not allow you to view the text and format of this newsletter in a readable fashion, please view the web-version which is posted on the city's website: www.ci.wylie.tx.us/ewylie/2004/10-04.htm eWYLIE October2004 October 6, 2004 Welcome to eWYLlE,the City of Wylie's monthly e-newsletter. Our goal is to provide you with the most timely information about city programs,events and services. Council Approves 2004-05 Budget and Lowers Tax Rate At its September 14 meeting,the City Council approved the 2004-05 Fiscal Year Budget. The 2004-05 budget stands at$35 million,representing a 9.4%increase from the 2003-04 budget. With the city's rapid growth,the budget exemplifies a focus on city services and infrastructure. As a result,the City will add 25 new positions,primarily in public safety(police and fire)and community services(public works and parks& recreation). For the fourth consecutive year,the City Council reduced the City's tax rate. The tax rate will decrease $.01 from$.705 to$.695. Copies of the Budget are available for viewing at Wylie Municipal Complex(City Secretary Office),2000 Hwy 78 N,and Smith Public Library,800 Thomas. "Test Your Fire Alarm"is 2004 Fire Prevention Week Theme From October 3-9,Wylie Fire Rescue(WFR)plans a variety of activities as part of Fire Prevention Week. The 2004 theme is"Test Your Fire Alarms." Roughly 70 percent of home fire deaths results from fires in homes with no smoke alarms or no working smoke alarms. Smoke alarms are the great safety success story of the 20th century—but only when they're working properly. Fire Prevention Poster Contest VVylie ISD 2nd and 3rd grade students competed in the Annual Poster Contest. The Overall Winner was Alex Bader(pictured right),Second Grade, Birmingham Elementary. Fire Prevention Poster Contest Winners "Wild Bunch"Clowns'School Presentations Wylie Fire Rescue"Wild Bunch"Clowns will perform at all six Wylie ISD Elementary Schools. Through their 45-minute,interactive performance,the"Wild Bunch"teach the students about safety issues including fire alarm maintenance,"stop,drop,cover and roll,"and family escape plans. Community Fire Drill On Thursday,October 7,WFR will conduct a Community Fire Drill. At 6 pm,the Fire Department will sound the alarms throughout the City. Upon hearing the sirens,WFR encourages all families to practice their fire escape plan. Follow the steps below and put your plan to the test! Smoke Alarm Tips WFR would like to remind residents about the following smoke alarm tips: Fire Prevention Tips Wylie Fire-Rescue ph: 972.442.8110 e-mail: wfdadmin@ci.wyile.tx.us 10/7/2004 Smith Public Library Has a Tall-Wagging Dog Month in October Smith Public Library celebrates Tail-wagging Dog Month in October with a number of special events and contests. Programs include Therapy Dogs,Carlo the Police Dog and Canine Assistants as well as a Pet Parade.The month concludes with our annual Dog Show and lots of fun categories to enter your dog. Visit the Tail-wagging Dog Month website for more information. Smith Public Library 800 Thomas ph: 972.442.7566 e-mail: libinfo@ci.wylie.tx.us City Hall Scheduled as Early Voting Location Early Voting for the November 2 Election will be available at the Wylie Municipal Complex,2000 Hwy 78 N, on the following dates and times: October 18-22;8 am-5 pm October 23;7 am-7 pm October 24;1 pm-6 pm October 25-29;7 am-7 pm For more information Collin County Elections ph: Metro 972.424.1460 ext.1900 Downtown Trick-or-Treat and Haunted Tunnel Set for October 28 Presented by the Wylie Downtown Merchants Association,the 2004 Downtown Trick or Treat will be held in Historic Downtown Wylie,Ballard Street on Thursday,October 28,from 6 to 8 pm. This is a safe trick or treat alternative for Wylie families as they can walk through Downtown and receive candy and treats from local merchants. Additionally,there will be free games and live music sponsored by New Hope Christian Church. As a part of the festivities,the City of Wylie Parks&Recreation,along with Teens That Care,will host a Haunted Tunnel at the Bart Peddicord Community Center,100 W Oak Street,from 7 to 9:30 pm. The Haunted Tunnel costs$3 with proceeds benefiting the Wylie Seniors Program. Worley and Roath Attend "Creating the Future Downtown"Workshop Councilman J.C.Worley and City Manager Mark Roath recently attended the"Creating the Future Downtown"Workshop held in cooperation with the Texas Municipal League(TML)and the National League of Cities(NLC)in Austin. "We have a great Downtown and I want to see it thrive;so this workshop provided an excellent opportunity for us to learn trends and approaches that can positively affect our Downtown,"Councilman Worley said. The workshop is designed for those who are serious about the revitalization and economic renaissance of their Downtowns. Highlighting the workshop were national case studies and successful local efforts to revitalize Downtowns. "We do not want to forget that Downtown is the center of our city,"Worley added. "Success in our Historic Downtown preserves a small-town atmosphere and instills a sense of community pride." Press Release Library's New Online Catalog The Smith Public Library is migrating to a new online catalog in October. On October 27,the Library will have a new integrated automation system, Library Solution. The Library's new electronic resource records more than 47,000 books,audiocassettes,videos,and DVD's. The Library will offer access to its catalog from any location,24 hours a day. Patrons will be able to look up items,view the item's availability,and place a hold on the item if it is not available. As the transition to the new catalog occurs throughout the month,listed below is a timeline of key October events: October 1 Library is waiving fines in lieu of item donations for Animal Control throughout October as part of the Library's Dog Month celebration. October 19 Web Catalog no longer available. October 22-23 Patrons can checkout only(No holds,renewals or fine payment). 10/7/2004 October 25-26 Library closed for training. October 27 Library reopens to the public. The Library staff would like to request that patrons hold any book donations to the Smith Public Library until November 1 due to space limitations at this time. Smith Public Library 800 Thomas ph: 972.442.7566 e-mail: Iibinfo( tci.wylie.tx.us Wylie Police Revise Citizen Fingerprinting Effective October 1,2004,the Wylie Police Department has revised its fingerprinting of citizens. WPD will only fingerprint Wylie citizens and Wylie ISD employees. Individuals requesting fingerprinting must show proof of a Wylie address(driver's license or water bill)or proof of Wylie ISD employment(►MSD ID card). Fingerprinting must be scheduled in advance with Police Administration at 972.442.8170 or police@ci.wylle.tx.us. Fingerprinting will be performed on Tuesdays and Thursdays from 9 am—1 pm. There is a$5 service charge for fingerprinting. Currently,WPD provides fingerprinting for individuals who need to get fingerprinted for purposes such as: criminal history checks for employment,CHL application and federal firearm application. Reach for a Star Registration Begins October 18 Designed to assist families in the Wylie community during the holiday season, Reach for a Star is an outreach program sponsored by the City of Wylie and 0 supported by the WISD,community churches,and local businesses.Through the combined efforts of these community organizations and volunteers,the program brings smiles to children and families by providing new clothes and toys. Started in 1999, Reach for a Star has provided clothes and toys to hundreds of Wylie children.Last year, there were more than 400 children who were presented new clothes and toys through Reach for a Star. The program is modeled after similar national programs that allow individuals to become personally involved in donating to those who are in need. The City of Wylie will take registrations for its Reach for a Star program during the week of October 18—22, 2004. Program Eligibility and Registration Adopt a Star, Donations and Volunteer Opportunities Mayor Mondy Declares Three Special Proclamations Recently, Mayor John Mondy declared three special proclamations. September 30,2004 as"Rita Smith Day"in recognition of her devotion and support of the Rita and Truett Smith Public Library. October 3—9 as"Fire Prevention Week"in recognition of the need for fire safety and prevention training in the community. October as"Sanden International(USA)Month"in recognition of the 30th Anniversary of the formation of Sanden International(USA). City of Wylie Proclamations Wylie Police Accepts Racial Profiling Complaints Anyone wishing to file a complaint on a Wylie Police Officer for racial profiling may contact Lieutenant Mike Davis or Police Chief Jeff Butters in person Monday through Friday from 8 am—5 pm at the Wylie Police Department,2000 Hwy 78 N,Wylie. Business Growth in Wylie As the City continues to experience residential growth,more businesses are popping up on the Wylie landscape. Listed below are businesses that have opened or relocated to new locations or filed for final approval since the end of August. Adamcik&Matern, LLP Allstate Insurance— Bear Foot Lodge School 405 S Birmingham St Tomi Brizendine 1451 Park Blvd 122 N Ballard Dizzy Lizzy's Tanning Destiny's Beauty Supply Texas All-Around Drywall 120 N Ballard Ave 207 N Ballard Ave 2803 Capital St 10/7/2004 On an ongoing basis,city staff talks and meets with businesses and developers who are looking to make Wylie their new home. As these prospective new businesses and new projects develop,we will work to provide the community with the most current and accurate information. Upcoming Events October 7 Community Fire Drill(Fire Prevention Week);6 pm;Citywide October 11 Therapy Dogs with Barbara Wilson;6:30 pm; Smith Public Library,800 Thomas October 11 Library Advisory Board;7 pm; Bluebonnet Room,Smith Public Library,800 Thomas October 12 Carlo the Police Dog;4 pm;Smith Public Library,800 Thomas October 12 City Council Meeting;6 pm;Council Chambers,Wylie Municipal Complex,2000 Hwy 78 N October 13 Pet Parade;10 am;Smith Public Library,800 Thomas October 13 Story Time;11 am;Smith Public Library,800 Thomas October 18 Pajama Storytime(Dog Theme);7 pm; Smith Public Library,800 Thomas October 18—22 Reach for a Star Registration;Wylie Municipal Complex,2000 Hwy 78 N October 19 Dog Show;4 pm;Smith Public Library,800 Thomas October 19 Planning&Zoning Commission;7 pm;Council Chambers,Wylie Municipal Complex,2000 Hwy 78 N October 20 Story Time;10 am&11 am;Smith Public Library,800 Thomas October 21 Senior Health Expo;9 am—2 pm; Bart Peddicord Community Center, 100 W Oak October 25 Zoning Board of Adjustments;7 pm; Council Chambers,Wylie Municipal Complex, 2000 Hwy 78 N October 25 Parks&Recreation;6:30 pm;Council Conference Room,Wylie Municipal Complex, 2000 Hwy 78 N October 26 City Council Meeting;6 pm;Council Chambers,Wylie Municipal Complex,2000 Hwy 78 N October 28 Downtown Trick-or-Treat;6—8 pm; Downtown Wylie October 28 Haunted Tunnel;7—9:30 pm; Bart Peddicord Community Center, 100 W Oak City of Wylie Events Calendar Council and Boards/Commissions Meetings Community Events(Wylie Chamber of Commerce website) Feel free to forward eWYLIE to a neighbor,colleague or friend. If you wish to unsubscribe to eWYLIE, please e-mail ewylie@ci.wylie.tx.us with"unsubscribe"in the subject heading. Please send any comments or feedback to Mark Witter,Public Information Officer,at pu blicinfo@ci.wylie.tx.us. 10/7/2004 Complaint Review Policy Number: 107 Effective Date: February 1, 2002 PURPOSE The purpose of this policy is to inform all employees of departmental procedures for addressing complaints of misconduct. II. POLICY It is the policy of this department to investigate all complaints of alleged misconduct, to equitably determine whether the allegations are valid or invalid and to take appropriate action. III. DEFINITIONS Internal Investigations Authority: The designated employees or unit ultimately responsible for conducting investigations into allegations of employee misconduct. "Officer" reference: Applies to all police officers and civilians employed by or under the supervision of the Wylie Police Department. IV. PROCEDURES A. Basis for Disciplinary Action Officers shall not be subject to disciplinary action by the Department, unless their actions constitute one of the following: 1. A violation of state, local, or federal law; 2. Conduct unbecoming an officer; 3. Incompetency; 4. A violation of written or verbal departmental rules, policy, procedure, or orders; 5. Dereliction of Duty. B. Responsibility for Discipline 1. The primary responsibility for maintaining and reinforcing officer conformance with the standards of conduct of this department shall be with the officers and first-line supervisors. 2. Supervisors shall familiarize themselves with the officers in their unit and closely observe their general conduct and appearance on a daily basis. 3. Supervisors should remain alert for indication of behavioral problems or changes that may affect an officer's normal job performance. Such information should be documented by the supervisor. 4. Where a supervisor perceives that an officer may be having or causing problems, the supervisor should assess the situation and determine the most appropriate action. 5. A supervisor may recommend additional training to refresh and reinforce an officer's skills. 6. Counseling may be used by the supervisor as follows: Complaint Review-Page 2 of 7 a. To determine the extent of any personal or job problems that may be affecting performance, and to offer assistance and guidance; b. To discuss minor, infrequent rule violations and to discuss the substance and importance of the rules with the officer. 7. The supervisor shall document all instances of counseling or additional training used to modify an officer's behavior. C. Citizen Complaints 1. All citizen complaints pertaining to departmental policies or procedures or that alleged officer misconduct shall be documented and investigated by the Department. a. Complaints should be given in person, or in writing. b. Telephone complaints, anonymous complaints, or complaints from citizens who wish their names to be held in confidence shall be documented and forwarded through the chain of command. The Chief of Police will determine whether further investigation is necessary. 2. Citizen complaints may be accepted by any supervisor of the Department who is approached for such assistance. a. The supervisor shall document the complaint in writing and promptly forward the complaint to the internal investigations authority. b. The supervisor may attempt to resolve a complaint by an exploration of departmental policies and procedures, where applicable. Attempts to resolve complaints shall be noted on the complaint report. 3. Upon receipt of a citizen's complaint, the internal investigations authority shall contact the complainant and advise him that the matter is under investigation, and that the complainant shall receive written notice of the final disposition of the case. The internal investigations authority shall advise the complainant of departmental procedures for the processing and investigation of citizen complaints. 4. Investigations of complaints shall be completed within one month. Regular status reports shall be filed. D. Supervisor Investigation 1. Upon becoming aware of, or receiving notification of, potential misconduct by an officer under his command, a supervisor shall begin an immediate investigation of such allegations. 2. The supervisor's investigation shall be limited to questioning the officer, witnesses, and complainants, and securing all relevant evidence. 3. Upon completing the investigation, the supervisor shall forward to the unit commander, through appropriate channels, the following: a. A report of the alleged violation, b. All documents and evidence relating to the investigation, c. Recommendations for further investigation or other disposition of the case. E. Responsibilities of Internal Investigations Authority 1. The internal investigations authority shall have primary supervisory responsibility for the review and investigation of all complaints against Complaint Review-Page 3 of 7 officers, whether initiated by a citizen or the department. While investigating a complaint of misconduct, the internal investigations authority is delegated the authority of the Chief for the purposes of directing the investigation. 2. Upon receipt of a complaint, an initial determination whether to assume primary investigative responsibility for the case or to refer it to the appropriate supervisor shall be made. A supervisor's investigation may be ordered stopped at any time and full investigative authority assumed by internal investigations. a. Allegations of minor rules violations may be investigated by the appropriate supervisor. b. Allegations of misconduct that could result in discharge, suspension, demotion, or criminal charges will be investigated by the internal investigations authority. 3. The internal investigations authority shall have the following responsibilities: a. Maintaining a complaint log; b. Maintaining a central file for complaints in a secured area, kept in conformity with state law; and c. Conducting a regular audit of complaints to ascertain the need for changes in training or Policy. 4. The internal investigations authority may recommend to the Chief that a case be referred to the prosecutor for criminal charges. F. Officer's Duties and Rights During Investigation 1. Scope of Questioning During Interview a. Prior to an internal interview concerning alleged criminal misconduct, the officer under investigation shall be read the Miranda rights. The provisions of Miranda will be adhered to throughout the interview. b. Prior to an internal interview concerning allegations of administrative violations, the officer under investigation shall be advised as follows: (1) The officer can be required to answer all questions specifically narrowly, and directly related to the performance of his official duties. (2) Refusal to comply with an order to answer such questions is a violation of departmental rules, which may subject the officer to further discipline up to and including dismissal. (3) Any required self-incriminatory admission made during the interview may be used only in subsequent administrative proceedings, and shall not be used against the officer in subsequent criminal proceedings. 2. Counsel at Interview a. Officers will be permitted to have a supervisor with them in the room during any interview concerning allegations of misconduct by the employee. b. Officers will be permitted to have an attorney with them in the room during any interview with criminal investigators concerning Complaint Review-Page 4 of 7 criminal allegations, but not during any internal administrative investigation. 3. Special Examinations a. An officer under investigation may request an intoxilyzer, blood, urine, psychological, polygraph, medical examination, or behavior cause examination if it is believed that such an examination would be beneficial to his or her defense. Also, the department may require such examination upon the direction of the Chief of Police. b. An on-duty supervisor is required to direct an officer to submit to a breath, blood, or urine test when a level of inebriation or drug usage is suspected as the factor directly related to duty performance or operating a Department vehicle. c. If an identification lineup is solely for administrative purposes and criminal prosecution is not anticipated, an officer can be required to participate in a lineup. d. Property belonging to the law enforcement agency is subject to inspection where the employer has a reasonable suspicion that evidence of work-related misconduct will be found therein. Property includes, but is not limited to, vehicles, desks, files, and storage lockers. e. If a polygraph is ordered by the Department for an officer, the complainant must submit to it. 4. Rights During an Internal Investigation a. Prior to any interview or special examination, the officer under investigation will receive confidential written notification of the complaint. This notification will include a copy of the original complaint or a summary adequately listing the relevant facts, and the officer's rights and responsibilities during the investigation. b. During interviews conducted by the internal investigations authority, there will be one member designated as the interviewer; only the interviewer will ask questions of the officer. c. Officers under investigation shall not be subjected to offensive language, nor threatened with transfer, dismissal, or disciplinary action during an interview. No promise or reward shall be made by the internal investigators as an inducement to answer any questions. d. The complete interview may be recorded whenever conducted by the internal investigations authority. Any interruptions on the recording will be noted, and any relevant discussions transpiring during breaks will be summarized on the tape recorder and verified for accuracy by the officer. e. Accused officers or their supervisor may contact the internal investigations authority to ascertain the status of the investigations of a complaint filed against them. f. The accused officers will be given an opportunity to explain their actions to the Chief at a hearing prior to the imposition of any disciplinary action. Complaint Review-Page 5 of 7 H. Chiefs Action 1. Upon receipt of a supervisor's recommendations on a disciplinary matter or upon completion an internal investigation, the internal investigations authority shall submit recommendations to the Chief as to whether a violation has been sustained according to the evidence. 2. The Chief shall review the report and supporting documents, and shall give final approval of the disposition of the case as follows: a. Sustained: Evidence sufficient to prove allegations; b. Not Sustained: Insufficient evidence to either prove or disprove allegations; c. Exonerated: Incident occurred but was lawful or proper; d. Unfounded: Allegation is false or not factual; e. Policy Failure: Flaw in policy caused incident. 3. Upon final approval, the Chief may return the disciplinary decision to the officer's supervisor for service and execution. Discipline without Charges and Specifications 1. A supervisor may administer an oral reprimand of record for minor violations. 2. A supervisor may administer a written reprimand of record for minor violations that would not merit demotion, suspension, or termination. J. Discipline with Charges and Specifications 1. When recommended disciplinary action may result in suspension, dismissal, or demotion, the appropriate officer shall prepare a formal statement of charges and specifications. 2. The charging form shall include the following: a. The particular rule(s) alleged to have been violated; b. The dates and places where the alleged acts or omissions occurred; c. A statement of the alleged acts or omissions; d. The recommended disciplinary action; e. The officer's right to appeal and appellate procedures; and f. Hearing date, time and place (if not waived). 3. The supervisor of the accused officer shall serve the charges and specifications upon the officer within the departmentally specified time period prior to the hearing date. a. Where possible, service shall be made while the officer is on duty. b. Where on-duty service is not feasible, the officer may be served at home. 4. The Chief shall make a final recommendation as to the imposition of any disciplinary measures after a full review of the investigation. 5. Upon the determination of the Chief that dismissal or other disciplinary action of the employee is merited, the appropriate unit shall be directed to prepare and submit a statement to the officer, including the following: a. The reason for the disciplinary action; b. The effective date of dismissal or other disciplinary action; c. A statement detailing the contents of the officer's employment record as pertains to the disciplinary action; and d. The appropriate procedures for appeal of the disciplinary action. Complaint Review-Page 6 of 7 K. Appeals The officer may appeal any decision according to City Policy. BY ORDER OF CHIEF OF POLICE Racial Profiling Training Racial Profiling Training Since 2002, all Wylie police officers were instructed, as specified in S.B. 1074, to adhere to all Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE)training and the Law Enforcement Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the Wylie Police Department have completed the TCLEOSE basic training and education program on racial profiling. The main outline used to train the officers of Wylie has been included in this report. It is important to recognize that the Chief of the Wylie Police Department has also met the training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Wylie Police Department fulfills the training requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law. Racial Profiling Course Number 3256 Texas Commission on Law Enforcement September 2001 Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of"race or ethnicity"for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. Collection of traffic-stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint-related video evidence to officer in question F. Vehicle stop report 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7. Warning or citation issued G. Compilation and analysis of data H. Exemption from reporting — audio/video equipment I. Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) —see legislation 77R-SB1074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 MdApp. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly—the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile— a racially-based stop today can throw suspicion on tomorrow's legitimate stop E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds— it is a waste of law enforcement resources 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" —"Driving While Black" — a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search — if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate the driver (with the threat of detaining him/her, obtaining a warrant, etc.) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over-reckless or over-cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit— Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://t1o2.fic.state.tx.us/t1 o/77r/billtext/SB01074F.htm Report on Complaints Report on Complaints The following table contains data regarding officers that have been the subject of a complaint,during the time period of 1/1/04---12/31/04, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. X A check above indicates that the Wylie Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/04 ---- 12/31/04. Complaints Filed for Possible Violations of S.R. 1074 (The Texas Racial Profiling Law) Complaint Alleged Violation Disposition of the Case No. Additional Comments: Tables Illustrating Traffic Contact Tier 1 Data (I) Tier 1 Data Traffic-Related Contact Information (1/1/04-12/31/04) Race/Ethnicity Contacts Searches Consensual PC Searches Custody * Searches Arrests N %o N % N % N % N % Caucasian 2,215 75 35 59 16 76 19 50 78 57 African 166 6 5 8 2 10 3 8 5 4 Hispanic 542 18 18 31 3 14 15 39 52 38 Asian 29 1 0 0 0 0 0 0 0 0 Native 0 0 0 0 0 0 0 0 0 0 American - Other 7 .24 1 2 0 0 1 3 1 1 Total 2,959 100** 59 100 21 100 38 100 136 100 "N"represents"number"of traffic-related contacts *Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Figure has been rounded Tier 1 Data (Contacts) 80 Fy ? f*icvxigxtm,eg4iogoAlw, lrri �x # t�xmAa tfi Lei %'_ 60 a rgn;ty 4 ,�°¢ � 50 d� f 5su Ok �,} f r a fi a'�Jxg '� (Percent) 40 ii-�eiw ;� # ,s �i5' � �St�y��y�iG: 5f 5,y 4�r�'�Nd�'bj1 T�� a �'+ l a �y 3re 3 'i^/zi`3. o 4C�SSf 4 `',l a i" 20 � � movie v T.4!1-A _ W=W 1'hE *"/a f i l ra F ? t1t8� ■ Contacts 0 (Origin) Tier 1 Data (Searches) 35 , w f 30 Sgg 25 7 ,4, s oodentot 7k i k{{}! . f ' r, ';i t fr+ 7 `r 1 Y L D'1`e 1r1 3- , � ��F�5 � r r �,t�4 w� � k (Freq.) 15 1 0 f, nY'C3�. fi: �, : "i'L y_ '�- �c „ � aj T 47 'ate �. .,. 5 6„ fi,!�{` Q p4 Y, g1 . y R4 , r a .s-7a 0 ��' ■ Searches 4b, ❑ Consent (Origin) ■ PC Tier 1 Data (Arrests) 60 g 3k' r § 1 T F 50 .s i - 4 a �A� �_sz �rv4.10-, .vj'' aefshaa� 40 1 tiA YxNoter &4 i r' it A (Percent) 30 ; ik NA N * , cah : .tle. t: 4 0 ,4, a u i + 9. x .� 10 �em(vAri0 . i,tt . T $0 V� Q. ■ Arrests 4b' (Origin) Tier 1 Baseline Comparison (Fair Roads Standard) (II) Traffic-Contact and Fair Roads Standard Comparison Comparison of traffic-related contacts with households in Wylie that have vehicle access (in •ercenta.es). (1/1/04-12/31/04) Race/Ethnicity* Contacts Households with vehicle in •ercenta,es access in •ercenta'es Caucasian 75 89 African 6 2 His.anic 18 7 Asian 1 .39 Native American 0 .96 Other .24 N/A Total 100** 99.35*** *Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Represents rounded figure ***Amount does not total 100%since Census data does provide value of"other"category. Tier 1 (Contacts and Households/04) 90 80 , 70tigtOtKOciAttA �� t *i '" c r" { '; a FW.,-. 'des° 1 1 t ms*rsa za 1 f a (Percent) sw " 4 gyma +e,- r t4 f ,, ,„,,, „ K,,, • $ 3 t nF l 4e `t ,,,tw w u xr } r- r g z.. + a w 30 ' : h 1,paAar ,* ,am -1 * r„ xi # 1 tt K 2. t`"J Y {t4 i , � i r< ti , 4 k w a k 4 ' l 10 i x r•k�'rx i4"�'y �k•Ati.3 f ,2 � . g m .,p ro :J tl ti'tea y s .` 3a C'' v..,,F x..r,.7 x i, V „� II Contacts *� ■ Households (Origin) Tier 1 Data (Three-Year Comparative Analysis) (2002-2004) (III) Three-Year Tier 1 Data Comparison Comparison of Three-Year Traffic-Related Contact Information (1/1/02---12/31/04) Race/ Traffic-Related Contacts Searches Arrests Ethnicity* Caucasian 80 74 75 79 64 59 77 43 57 African 3 4 6 3 1 8 3 1 4 Hispanic 16 21 18 18 34 31 19 54 38 Asian .47 1 1 0 .6 0 0 2 0 Native .06 0 0 0 0 0 0 0 0 American Other .30 0 .24 0 0 2 0 0 1 Total 100** 100 100** 100 100** 100 100** 100 100 *Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". ** Figure has been rounded. Tier 1 Data (Contacts 02-04) 80-- 7 0-, 60 i qq �3 F zzol (Percent) 40 ° W `tliiav )S aIW O OR-Rrn"vap, ""ry -.V ii:1 ar Yv CD R "0 L R R �V +a Ca ■0 R V Q O Z Q E cri: = a ■ Contacts 02 vilma CD ■ Contacts 03 Z ❑ Contacts 04 (Origin) Tier 1 Data (Searches 02-04) . 801 ' .. O F f1 b k t 5 a rk KWy 7 0 4. f a"$' F c-r .�3 C tf wR xa rJ 60 soh 4 .4 . ss, x b '4 7,t"�4 v. 4 �,- t i 50 � XTet`it' µ a4 t h 4 � rYa,-ate hr (Percent) 4 u f5 j 5, 30 � y� a a si § rz Nirx x 3 ys ?y , ,0142 20 t k. 4 ,i'it E � t jT6A4,,, , KiY gr , ]� k rv , '?Y y riaN 10 •,,,, ,, ,o • W F , a 16 I 7 I I i T .0 V ■C V CD N) ... Ri y ■ tir Q atlas' OvQ= it; = a c.) C, I CD z ■ Searches 02 O Searches 03 ■ Searches 04 (Origin) Tier 1 Data (Arrests 02-04) h80 v Qa s 3 " o k s 4 'rvi - itgtop tate � gf I{ vx g t,x- €z p- z rr c s ?t .7a SL qx oz 5 t !70tk i, iook K A mv1 b mi ly ; y 6 0 S. a� s E_ f r ra-gf ,5. � r r ��+, -£ 4 4 ox 01,7' w w , , z4 rV x} F F f xYN,, z: tt 3 r > � r ,7 r k j" f N�sS'S2 , rr u - + 44�� 1 v7 �„ pci � �(Percent) �� r'" r�a ry4 e e �id,, �- » l :4 il 0 zrva v „Pvg. '111,y x Y a10-` d y , e • 0 tit 19 J. . gar Arrests (02) 4b, ■ Arrests (03) (Origin) p Arrests (04) Analysis and Interpretation of Data Analysis Since 2002, The Texas Racial Profiling Law(S.B. 1074)required that all police departments in the state collect traffic-related data and report this information to their local governing authority. The purpose in collecting and presenting this information is to determine if a police officer is engaging in the practice of profiling minority motorists. Despite the fact most agree that it is a good idea for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if police departments are engaging in racial profiling, from a review of aggregate data. That is, it is very difficult to detect specific"individual" racist behavior from aggregate-level"institutional" data on traffic-related contacts. Notwithstanding this,the Wylie Police Department, in an effort to comply with The Texas Racial Profiling Law(S.B. 1074), commissioned the analysis of its 2004 traffic contact data. Thus,three different types of analyses were conducted. The first of these involved a careful evaluation of the 2004 traffic stop data. This particular analysis measured, as required by S.B. 1074,the number and percentage of Caucasians, African Americans,Hispanics, Asians,Native Americans, and individuals belonging to the "other" category,that came in contact with the police and were issued a traffic-related citation in 2004. In addition,the analysis included information relevant to the number and percentage of searches (table 1)while indicating the type of search (i.e., consensual or probable cause) conducted. Finally,the data analysis highlighted the number and percentage of individuals who, after they were issued a citation,were arrested. The second type of analysis was based on a comparison of the 2004 traffic contact data with a particular baseline. It should be noted that there is also a great deal of disagreement, in the academic literature, over the type/form of baseline to be used when analyzing traffic-related contact information. Of all the baseline measures available, the Wylie Police Department decided to adopt, as a baseline measure,the Fair Roads Standard. The Fair Roads Standard is based on data obtained through the U.S. Census Bureau(2000) relevant to the number of households that have access to vehicles while controlling for race and ethnicity. According to experts, census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison,presents the challenge that it captures information related to city residents only. Thus,excluding individuals who may have come in contact with the Wylie Police Department in 2004 but live outside city limits. Despite this, several civil rights organizations in Texas have expressed their desire that all police departments use, in their analysis,the Fair Roads Standard. This contains census data specific to the number of"households"that have access to vehicles. Thus, proposing to compare"households" (which may have multiple residents and only a few vehicles)with"contacts" (an individual-based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this,the Wylie Police Department made a decision that it would use this form of comparison(i.e., census data relevant to households with vehicles) in an attempt to demonstrate its"good will" and "transparency" before the community. The Fair Roads Standard data obtained is relevant to the city of Wylie. Finally, a third type of analysis was conducted while using the 2002 and 2003 traffic contact data. Specifically, all traffic-related contacts made in 2004 were compared to similar figures reported in 2003 and 2002. Despite the fact most researchers do not support the notion that in three years, a"significant"trend can take place,when considering this analysis, it was determined that comparing three years of traffic contact data may highlight possible areas of consistency with regards to traffic-related contacts. That is,the three-year comparison has the potential of revealing early indicators that a possible trend of police-initiated contacts with regards to members of a specific minority group, is in fact, developing. Tier 1 (2004) Traffic-Related Contact Analysis The Tier 1 data collected in 2004 showed that most traffic-related contacts were made with Caucasian drivers. This was followed by Hispanic and African American drivers. With respect to searches,most of them were also performed on Caucasian drivers. This was followed by Hispanics and African Americans. It is important to note that the arrest data also revealed that Caucasian drivers were arrested the most in traffic- related contacts. This was followed by Hispanic and African American drivers, in that order. In addition,no arrests were made, in traffic related incidents, of"Asian" or "Native American" drivers. Fair Roads Standard Analysis When comparing traffic contacts of city residents to the census data relevant to the number of"households"in Wylie who indicated, in the 2000 census,that they had access to vehicles,the analysis produced interesting findings. That is, the percentage of individuals of"Caucasian"and"Native American" descent who came in contact with the police in traffic related incidents was lower than the percentage of Caucasian and Native American households in Wylie that claimed,in the 2000 census,to have access to vehicles. With respect to African American, Hispanic, and Asian drivers, a higher percentage of contacts were detected. That is,the percentage of African American, Hispanic and Asian drivers that came in contact with the police in 2004 was higher than the percentage of African American, Hispanic, and Asian households in Wylie who claimed to have access to vehicles. It should be noted that the difference of Asian contacts and Asian households with vehicle access was of less than 1 percent; thus, regarded by some scholars as not statistically significant. Three-Year Comparison The three-year comparison(02-04) showed remarkable similarities with respect to the traffic-related contacts. As evident in table 3,the percentage of drivers (from different racial/ethnic groups)that came in contact with the Wylie Police in 2002 was almost identical to the percentage of drivers, from the same racial/ethnic groups that came in contact with the Wylie Police Department in 2003 and 2004. There has been, however, an increase in percentage of contacts relevant to Caucasian and African American drivers since 2002. The opposite was true of Hispanic drivers. That is, a smaller percentage of Hispanic drivers came in contact with the police in 2004 than in 2003. The search figures for all three years showed similar patterns. However, an increase in the percentage of African Americans searches was detected while a smaller percentage of searches took place among Caucasians and Hispanics in 2004. When considering the arrests made,the data revealed that the percentage of arrests also increased among Caucasians and African Americans. In addition,the percentage of Hispanics arrested decreased in 2004. Summary The Fair Roads Standard analysis showed that the Wylie Police Department came in contact(in traffic-related incidents)with less Caucasian and Native American drivers than those that resided in Wylie and had access to vehicles. Further,the data suggested that the percentage of African American, Hispanic and Asian drivers that came in contact with the police in 2004 was higher than the percentage of African American, Hispanic and Asian Wylie households with access to vehicles. With respect to the three-year analysis,the findings suggested that the Wylie Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. Having said that, it is recommended that the Wylie Police Department continue to devote attention to the traffic contacts the police department is making with all individuals;particularly with African American, Hispanic, and Asian drivers. Doing so, and perhaps collecting more information on the nature of these contacts, is likely to reveal more useful information in the near future. The Wylie Police Department continues to address the issue of racial profiling in a serious manner. It is clear, from its approach to the collection and analysis of traffic- related data,that it is committed at identifying and addressing (if necessary) areas of concern with respect to the profiling of minority motorists. As it is evident in this report, the Wylie Police Department has, once again, complied with the Texas Racial Profiling Law(SB 1074). (III) Summary Checklist Checklist The following requirements were met by the Wylie Police Department in accordance with Senate Bill 1074: ® Clearly defined act of actions that constitute racial profiling ® Statement indicating prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling • Implement a process by which an individual may file a complaint regarding racial profiling violations ® Provide public education related to the complaint process • Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law ® Collect data(Tier 1)that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search,whether it was a consent search or a probable cause search d) Whether a custody arrest took place ® Produce an annual report on police contacts (Tier 1) and present this to local governing body by March 1, 2005. ® Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation Contact Information Contact Information For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting, LLC 3018 St. Amanda Drive Mansfield, Texas 76063 817.681.7840 www.texasracialprofiling.com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. CITY OF WYLIE Item No. Work Session City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: February 8, 2005 Other: Department: Planning and Zoning Prepared By: Claude Thompson Date Prepared: February 2, 2005 Exhibits: 1 AGENDA SUBJECT: Hold a work session to consider and provide direction regarding revision of the Comprehensive Plan. RECOMMENDED ACTION: Planning and Zoning Commission voted on February 2, 2005 to recommend certain revisions to the Plan. SUMMARY: The State law requires that zoning and other development-related regulation must be "in accordance with a Comprehensive Plan. The current Comprehensive Plan for the City of Wylie was adopted in July of 1999. Implementation of that Plan has revealed some areas of concern and/or improvement, and the Planning and Zoning Commission recommends certain revisions to the Plan in order to align it more closely with both future community goals and the realities of existing land development patterns. Council's direction is requested concerning the following issues: 1. A more vehicular-oriented land use allocation criteria will be substituted for the current pedestrian-oriented "Village Center"philosophy of the Plan. This is believed to be more appropriate for the realities of Wylie's natural land character and existing rural development pattern, and will result is less commercial uses and lower-density residential developments. 2. Retail and commercial uses will be limited and oriented to major traffic corridors for vehicular access and to avoid impacting residential areas, including a hierarchy of development patterns. • Neighborhood services such as convenience goods and personal services will be limited to less than 10 acres at major intersections. • Community retail offer comparison/shoppers goods in centers of about 30 acres and will be limited to three areas—the new Town Center at SH 78 and FM 544, FM 544 at CR 1378/Hooper and SH 78 and Park Blvd/Spring Creek. APPROVED BY: Initial Date Department Director: CT \ 2/02/05 City Manager: /77A' \ 01- AGENDA SUBJECT: Hold a work session to consider and provide direction regarding revision of the Comprehensive Plan. SUMMARY: • Diverse and intensive mixture of commercial uses will be allocated along the major traffic corridors of SH 78 and FM 544, but designed in unified clusters. 3. Residential development patterns will provide three density levels in attempt to provide a balanced variety of housing options. • High-density residential, including small-lot detached and collective attached dwellings, will be allocated to infill areas already developed or zoned for such densities and house types. • New residential developments will be limited to three density levels, and located by their distance from traffic corridors - 10,000 sf lots with 2,400 sf houses - 20,000 sf lots with 2,600 sf houses - acreage lots with 3,000 sf houses. 4. Industrial uses will be divided into two types. • Light industrial will accommodate assembly and warehousing/distribution envisioned by the Business Center zoning, largely within existing centers platted for smaller developments • Heavy industrial will accommodate manufacturing within campus settings envisioned by the Industrial zoning. 5. Institutional and public/semi-public uses may be located within any use areas, as appropriate to best service the other land uses which they support but designed to be compatible with surrounding uses. If the above criteria is acceptable,the Planning and Zoning Commission is prepared to initiate the public review and hearing process required by State law for the adoption of these Plan revisions. Once the Plan is revised,the Zoning Ordinance and Subdivision Regulations will be revised accordingly. Financial considerations: NA COMPREHENSIVE PLAN LAND USE DISTRIBUTION PHILOSOPHY The Comprehensive Plan provides general guidelines for the appropriate location and concentration of development for the major types of land uses, and, thereby, provides a basis for planning public services and infrastructure, within Wylie and its Extraterritorial Jurisdiction. The Plan offers generalized criteria for the testing of zoning regulations and requests for changes in current use, as well as for evaluating newly arising issues and uses. Both the quality and quantity of public as well as private development can be directed by the philosophy of the Plan, in order to determine how best to utilize Wylie's only nonexpendable resource—our land. The following philosophy provides criteria for allocating commercial, residential, industrial and public land uses within the Comprehensive Plan. Application of these criteria will assure the suitability of future land development patterns to achieve the common goals of both the public and private sectors. COMMERCIAL Commercial land uses provide retail goods and personal services as well as employment opportunities to support the local residential population, and public sales tax revenues to supplement property taxes. However, commercial uses are also major traffic generators, and these uses should be located along thoroughfares, preferably at major street intersections, to avoid negatively impacting residential neighborhoods. Wylie's potential to support commercial land uses is constrained by its limited ultimate population and the competition of near-by regional-scale commercial centers. To serve the future population, three types of commercial categories are proposed, defined by their primary service function and named by the appropriate zoning classification of the current Zoning Ordinance. Neighborhood Services These are retail/office centers smaller than 10 acres intended to serve immediately adjacent residential neighborhoods with convenience goods and services, and accommodate the uses of the Neighborhood Services (NS) and Office (0) zoning. These uses should be clustered in unified centers and designed to reflect the character of the adjacent neighborhoods which they serve. The centers should be located at one or two corners of 4-way intersections of major thoroughfares (4 to 6 lanes), approximately two miles apart. Community Retail Community commercial centers serve the populations of several residential neighborhoods with comparison shoppers' goods as well as convenience goods and personal services. These should accommodate the uses of the Community Retail (CR) zoning, be unified in plan and design, and be located at major intersections. The growing commercial complex at SH 78 and FM 544 should be encouraged to become Wylie's New Town Center, attracting the broadest diversity of commercial functions and reflecting the community's overall character as its central place and focal point. Other community retail centers should be more residential in character to blend with adjacent neighborhoods and subordinate to and not competing with the Town Center, and these should be located on SH 78 at Park Blvd. and FM 544 at CR 1378/Country Club. Mixed-Use Corridor Commercial This category should be the most diverse and intensive mixture of commercial uses. These uses are located along major thoroughfares to accommodate easiest vehicular access. They accommodate the broadly-varied uses of the current Corridor Commercial (CC) zoning district, from convenience retail and services to light industry. Such uses are planned and constructed as common"strip" developments or independent free-standing establishments with common joint/cross access, but are guided by design regulations of the Zoning Ordinance and screened from residential adjacency. RESIDENTIAL Wylie has historically been primarily a residential settlement, and most of its remaining land is suitable for a variety of housing types. Wylie should continue to grow as a"bed-room community, with residential as the principal land use, while providing a balanced variety of housing opportunities. Future residential development should be planned to provide a choice of dwelling types but in compatible neighborhoods which reflect this historic low-density rural character. This philosophy demands that less land be allocated to nonresidential service uses, but more to roads, parks, and schools and other residential-support uses. Three levels of residential density are proposed, based on the current zoning classifications. High-Density Residential This category includes small-lot detached and collectively attached dwellings, and should be limited to infill areas already developed or zoned for such densities and housing types with no expansion. Variances from the current code regulations may be required to accommodate such in-fill development or the redevelopment of older areas developed in compliance with earlier codes. Medium-Density Residential This category includes only detached single-family dwellings of not more than 4 dwelling units per acre. These designed as traditional suburban residential neighborhoods located closest to vehicular thoroughfares and urban services such as retail, schools and parks. Low-Density Residential This category is to accommodate the rural residential development, with lots exceeding 1-acre in size. Such lots need not accommodate agriculture uses, and must be 2 acres or larger to accommodate livestock or cultivated crops. These areas may have rural/estate streets with no curb or subsurface drainage, and be furthest from thoroughfares. INDUSTRIAL Industrial land uses primarily provide employment for the local population while providing manufactured products for the region and world beyond, as well as generating private revenues through employment and sales and public revenues through taxes. Industrial uses can generally be divided into two categories, depending on the intensity of the operations and their consequences, and their locational requirements depend on such impacts. Heavy Industry Heavy industry generally includes the more-intensive processing and manufacturing of raw materials into usable products, and such operations normally create the most obnoxious consequences. Heavy industry requires access to regional transportation (highways and rail) and resources (water) as well as special utilities, and should be isolated or buffered from other land uses on larger campus settings. The northeast area of Wylie, as well as the existing Premier Business Park in the southwest, provide these unique locational criteria. This category corresponds to the Industrial (I) District of the current Zoning Ordinance. Light Industry Light industry includes less-intensive assembly, warehousing and distribution of products, as well as people-based office-oriented operations and even intensive commercial activity. These uses are related to the Business Center(BC)zoning district, although setback requirements of the BC must be adjusted to accommodate the platted smaller lots. Such operations can be located on the smaller lots within existing Century, Regency and Wyndham industrial districts, as well as the expansion of the Wyndham area toward the north. INSTITUTIONAL/PUBLIC AND SEMI-PUBLIC All private development requires certain public or quasi-public support use, which must be planned in coordination with the private uses. Municipal Uses Some municipal uses (such as business offices) need to be centrally located and equally accessible by all residents, while others (such as fire stations) need to be decentralized and equally accessible to all residences. New municipal offices should be located within or adjacent to the planned Town Center to help enforce the image of this area as Wylie's central address and destination place. Utilities (such as water and energy) have unique design criteria which largely dictate their location. Public utilities must be within or adjacent to the other land uses which they serve, but should be located as well as designed so as to blend with rather than detract from the character of the surrounding primary uses. Streets and roads make development possible, and their capacity largely dictate (or are dictated by)the potential density/intensity of the various uses of land. Thoroughfares should be planned in accordance with the current Thoroughfare Plan and Engineering Design Standards. Schools and Houses of Worship Schools and day care operations as well as churches and other religious instructions generally belong in proximity to the residential populations which they serve. However, as major traffic generators, these institutional uses should be placed to the exterior of residential neighborhoods and clustered together when possible. Parks and Recreation Public parks and recreational facilities should be located in accordance with the adopted Parks, Recreation and Open Space Master Plan. Both public and private leisure amenities should be designed as an asset to the residential uses rather than detract from them with traffic and other nuisances. ct:2/2/05