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05-23-1989 (City Council) Agenda Packet
DATE POSTED 5-19-89 TIME POSTED 3:00 P.M. AGENDA REGULAR MEETING, CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, MAY 23, 1989 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 8 Consider approval of May 9th council meeting 2 9 Consider approval of Chain of Command Letter in accordance with Home Rule Charter , Article IV, Section 1 : D 3 10 - 11 Consider approval of a Proclamation for National Safe Boating Week - June 4 thru June 10, 1989 4 12 Consider appointment of two members to the Wylie Historical Commission (this will complete the five member committee) NEW BUSINESS 5 ORAL Consider approval of the alignment for improvements to Wastewater Collection System 6 ORAL Consider approval of deadline of June 30 , 1989 for accepting easements for improvements to Wastewater Collection System 7 13 - 16 Consider approval for Shimek, Jacobs, Finklea Consulting Engineers to furnish engineering services for preparation of plans and specifications, easement plats and descriptions for all properties crossed by proposed line, together with administration during construction for proposed Muddy Creek Trunk Sewer from Southfork Mobile Home Park to FM 544 8 17 - 23 Consider approval of auction on City Vehicles 9 24 - 25 Consider approval of voting Representative to North Central Texas Council of Governments OLD BUSINESb 10 26 - 28 Consider leaving up/taking down of barricade at Butler Circle Alleyway (behind Hilltop and Briarwood) GENERAL DISCUSSION 11 Citizen Participation 12 Council Discussion ORDER OF PAGE BUSINESS REFERENCE BUSINESS 13 Adjourn regular meeting 14 Convene Council into work session on the following : 29 - 39 A. Discuss TML Legislative bills B. Council News Letter 40 - 41 C. 23rd Annual General Assembly meeting North Central Texas Council of Government 42-43 D. 24th Institute for Mayors and Council Members 15 Adjourn CITY COUNCIL MEETING MINUTES MAY 9, 1989 The City of Wylie City Council met in regular session at 7: 00 P.M. on Tuesday , May 9 , 1989 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem John Akin, Council Members Marvin Blakey , Ortie Messenger , Bud Naish, and Jim Swartz , City Manager Charles Norwood , City Secretary Carolyn Jones , Finance Director James Johnson, Code Enforcement Officer Roy Faires, Public Works Superintendent Don White, Assist . City Engineer Ron Homeyer , Chief of Police James Gilmore and newly elected Council Members Patricia Stemple, and Steve Wright, and David Medanich from First Southwest Investment Services. Councilman Tom Pritzkau was absent . Mayor Trimble called the meeting to order and Councilman Messenger gave the invocation. APPROVAL OF MINUTES FOR APRIL 25TH COUNCIL MEETING: Motion was made by Councilman Blakey to approve the minutes for the April 25th meeting as submitted . Seconded by Councilman Messenger . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor. APPROVAL OF RESOLUTION GIVING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION AND ALL MATTERS RELATED THERETO: Mr . Johnson, Finance Director , stated at the last meeting Council approved CO' s up to $150 ,000 , since that time it has been noted the cost to be more than expected . The Resolution before Council tonight is for CO' s not to exceed $200 ,000 , this has to do with the additional easement cost. This is with a pay out in 10 years with a 8% interest rate. If Council approves the Resolution, the Ordinance will be on the agenda for the first meeting in June. Councilman Naish wanted to know if we could pay out early with out any problems . Mr. David Medanich said it depends on who the purchaser is , but you can ask for a 5 year pay out without penalties . Mayor Pro Tem Akin said we really do not have any choice but to go ahead with this , we keep coming up with additional easements and this does disturb me, that we do not know how many easements we have and how many we need. City Manager Charles Norwood stated that we started out with 33 easements, and today we have 58 to 62 easements , this is why I have asked Council to increase this amount so we can take care of getting these easements. Mayor Pro Tem Akin said he understood, but he knows that Mr . Norwood did not have any part of this and he knows who is responsible for seeing how many easements we need and to go this far and this long and still not know how many easements are required to do what we have to do. Mayor Trimble wanted to know the status on the easements. Mr . Homeyer said easements came in in different groups and when I put them together, there were more than I had anticipated. Mayor Pro Tem Akin wanted to know how long Mr . Homeyer has been working on this , about five or six months . Mr. Homeyer said yes, but some of the easements descriptions did not reach the City of Wylie until three weeks ago, so up until three weeks ago I could not nail down the total number of easements needed. Mayor Trimble wanted to know if it was because staff is not for sure which way the line is going to be laid . Mr . Homeyer said the location is not the problem, the problem was finding out who the owner is, with all the foreclosures and property owners just walking off their property, it was hard to find the proper party to talk with. Motion was made by Councilman Messenger to approve the Resolution Giving Notice of Intention to Issue Certificates of Obligation and all Matters related thereto . Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , and Councilman Naish - in favor . This motion carried with all in favor. APPROVAL OF CANVASS OF ELECTION FOR COUNCIL PLACES ONE (1 ) , THREE (3) , AND FIVE (5) : Mayor Trimble read the following as the result of the May 6th Election for Council Place One (1) , Three (3) and Five (5 ) : Abst. Methodist Southfork Total Votes Prec.27 ,56 Prec. 25 Votes & 83 PLACE ONE Calvin Westerhof 8 202 16 226 John W. Akin 9 314 154 477 PLACE THREE Steve Wright 6 299 143 448 Tom Pritzkau 9 197 28 234 PLACE FIVE James Ferguson 6 306 19 331 Patricia Stemple 8 172 156 336 RECOUNT: PLACE FIVE James Ferguson 6 305 19 330 Patricia Stemple 8 173 155 336 Mayor Trimble stated the new Council Members were: Place One John W. Akin, Place Three Steve Wright and Place Five Patricia Stemple. Motion was made by Mayor Pro Tem Akin to approve the canvassing of the Election returns as read above. Seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor , and Councilman Naish - in favor . This motion carried with all in favor . OATH OF OFFICE: City Secretary Carolyn Jones gave the oath of office to the Elected City Council Members, Place One John W. Akin, Place Three Steve Wright and Place Five Patricia Stemple. ELECTION OF A MAYOR PRO TEM FOR MAY, 1989 THRU MAY 1990 : Motion was made by Councilman Swartz to elect Councilman Naish as Mayor Pro Tem. Seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in favor , Councilwoman Stemple - against , and Councilman Naish - in favor . This motion carried with six (6) in favor and one (1) against. PRESENTATION OF CERTIFICATES OF APPRECIATION: Certifications of Appreciation were given to Independent Bank of Wylie for donations of trees to the Park and to Bill Flowers for his time and use of his equipment on several occasions . Mr . Don White thanked these people for what they have done for our City. Councilman Akin also thanked them for what they have done and expressed his appreciation. APPROVAL AND ACCEPTANCE OF SANITARY SEWER EASEMENT FROM JOHN PENNINGTON - REGENCY BUSINESS PARK: This easement is for the extension of the collector sewer line to service the Steel Road/Regency Business Park area. Mr . Homeyer stated for Phase II improvements, this easement has been donated . City Manager Charles Norwood asked how many easements have been donated and how many have said they would donate. Mr . Homeyer said altogether six , three easements already donated and three more property owners have said they would donate the easements. Motion was made by Councilman Akin to approve and accept the Sanitary Sewer Easement from John Pennington - Regency Business Park. Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Wright - in favor , Councilman Messenger - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . PRESENTATION FROM THE AMBULANCE COMMITTEE FOR AMBULANCE SERVICE FOR THE CITY OF WYLIE: City Manager Charles Norwood stated that Mr . Calvin Westerhof would not be able to be at the meeting and that Mr . James Johnson would make the presentation. Mr . Johnson thanked and recognized the committee members that were present for the long hours and hard work they had done. Councilman Akin thanked Mr . Johnson and the other members of this committee for the work they had done. Mr . Johnson stated that this is a rather lengthy proposal the committee has put together and this presentation would hit some of the areas that had major changes. Mr . Johnson said the first thing put in these specs was a qualification statement and if the bidder answers no to these questions, the company should not submit a proposal . The committee is also recommending an Advisory Board , with three members with staggered terms. The committee is also recommending a Chain of Command and six different phases of response times. The insurance and indemnification has been completely reworked and is done in more detail . Mayor Pro Tem Naish wanted to know if the City Attorney has been given a copy of the proposal . Mr . Johnson said yes, and he will make some changes if necessary. There are several clauses in this proposal for breach of contract , no on-scene collections allowed, there would be a penalty if the service can not make the required response time, and also a clause for the use of helicopters and for transporting patients. Councilman Akin wanted to know if these proposals were endorsed by the committee. Mr . Johnson said yes. APPROVAL OF A PROCLAMATION FOR NATIONAL POLICE WEEK - MAY 11`1't1 Tritcu i"u x 6K1 , 19°9: 1`1ULiO11 Wd5 1Udue uy l.Uuuulima l ttRlll to approve the proclamation for National Police Week - May J 14th thru May 20 , 1989 . Seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Wright - in favor , Councilman Messenger - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . APPROVAL OF A PAYMENT REQUEST FROM XIT PAVING AND CONSTRUCTION IN THE AMOUNT OF $106,090 .38 : Mr. Homeyer said this should be the next to last payment to XIT. The contractor is working on the punch list and clean up. It looks like we are coming in under budget on this project . Councilman Akin wanted to know if all the sidewalks were in and if they completed the one at the Assembly of God Church. Mr . Homeyer said they are doing them this week. Councilman Akin wanted to see an itemized statement of everything that was done. Also Lone Star Gas said they did not hold up the construction of this job. Mr . Homeyer said the engineers said they have proof of this. Motion was made by Councilman Akin to approve the payment request in the amount of $106 ,090 .38 . Seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Swartz - in favor , Councilman Wright - in favor , Councilman Messenger - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to address the Council to come forward at this time, to state their name and address for the record and to keep their comments within two minutes. There were no speakers at this time. COUNCIL DISCUSSION: Mayor Pro Tem Naish thanked the Council for selecting him as Mayor Pro Tem. I know that this council has other members that are qualified as much as I am if not more and I hope that I can do as good of a job as Councilman Akin has done this past year . Councilwoman Stemple referred to the public works monthly report , where the city crew did a repair job out of their budget for a contractors mistake. Does the City get reimbursed for this . Mr . White said yes , we have sent a bill to that contractor already. Councilman Messenger thanked Bart Peddicord and the others who worked on the Election on Saturday. Also thanked those who participated in the WSA fund raiser last Saturday, it was a success . Councilman Messenger reminded everyone of the Wylie Women' s League fund raiser this coming Saturday. Councilman Wright wanted to know on the minutes the Council just approved, the 9-1-1 calls for Lucas going to County and then coming to Wylie for fire calls. Mayor Pro Tem Naish said Lucas is currently being served by Wylie Fire Department, but when 9-1-1 rings in once County has it enstalled, it will go to McKinney and then be dispatched to Wylie. Councilman Wright asked Mr . Homeyer in all the easements we are looking at, are we following the Master Land Use Plans and will there be a problem. Mr . Homeyer said no problems and we are using the Master Land Use Plans . Councilman Swartz said he was going to ask for an up date on the delinquent tax roll , but Mr . Johnson has given it out tonight. Councilman Akin stated his goal for this summer was for the Bomag and I have asked for a list of streets . Mr . White said we are working on the list and it should be forth coming soon . Councilman Akin made a request of the other Council members to tour East Brown at E. Kreymer and the alley way of Briarwood. See how we can address these in the next years budget. City Secretary Carolyn Jones reminded the Council of the meetings on May 18th, a coffee at 10: 30 A.M. for the executive wives of Sanden International and the Collin County Public Officials meeting at Frisco that night at 6: 30 P.M. Also the different Board Members list will be on the first meeting in June for those whose terms are up in July. City Manager Charles Norwood stated he needed a date for a meeting on the sewer project and easements and costs , would Tuesday night, May 16th be okay. Everyone was in agreement, Councilman Akin stated it was fine with him, but he would be out of town. There being no other items for discussion, a motion was made to adjourn with all in favor. Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary S PLANNING AND ZONING MEETING MINUTES MAY 15 , 1989 The Planning and Zoning Commission met in regular session on Monday, May 15 , 1989 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Members present were Chairman Brian Chaney, Vice Chairman Bart Peddicord , Bob Skipwith, Jim Ferguson, and Marty Stovall . Staff members present were Roy Faires , Code Enforcement Officer, Ron Homeyer, City Engineer , and Candi White, Secretary. Chairman Brian Chaney called the meeting to order . CONSIDER APPROVAL OF MINUTES FOR MAY 1, 1989 MEETING. Bart Peddicord said that on the second page, first paragraph, the word "sight" should be "site" , and on the second page, second paragraph , the wording should be changed from "his asked" to he asked" . Chairman Chaney added that on the second page, second paragraph, the word "normally" should be changed to "normal" . He also said that near the bottom of the first page, the minutes reflected him saying "Mr . Norwood' s statement was positive energy in and for a more positive Wylie" . Chairman Chaney felt that sentence should be corrected to read "positive energy would make for a more positive Wylie" . Jim Ferguson made a motion to approve the minutes for the May 1, 1989 meeting with the noted corrections . Bart Peddicord seconded the motion . The motion carried with all in favor . CONSIDER RECOMMENDATION FOR APPROVAL TO CITY COUNCIL FOR AN ORDINANCE AMENDING SUBDIVISION REGULATIONS ORDINANCE NO. 83- 18 SECTION 6 . SUBSECTION 6 .01 BY ADDING THERETO A REQUIREMENT FOR THE REIMBURSING OF PUBLIC FUNDS EXPENDED FOR IMPROVEMENTS PRIOR TO DEVELOPMENT. Chairman Chaney explained that he had requested that this ordinance be placed on the agenda after questioning the status of McCreary Road , and if the City could be reimbursed by future developers for expended funds on the road improvements . He said that he felt the city should be prepared for future development in cases where the city had already made improvements before a property was developed . Mr . Faires , Code Enforcement Officer , explained that the ordinance being presented would allow the city to be reimbursed by the developer of a property for any public funds which had been expended for improvements . Mr . Skipwith felt that the owner of Southfork Mobile Home Park was getting a free ride with McCreary Road being paved, and felt it was very unfair when the property owners along Birmingham Street were assessed for improvements . Chairman Chaney said that if the ordinance was approved , there wouldn' t be a free ride when the remaining property along McCreary Road was subdivided . Mr . Faires , Code Enforcement Officer , added that the ordinance would apply not only to the McCreary Road situation , but to any property where improvements were made with public funds before it was developed . Mr . Skipwith asked if notification of such ordinance would be in the deed so that developers would be aware of it . Ron Homeyer , City Engineer , explained that developers always read the city' s subdivision ordinance and that staff would also try to point this out to them. Mr . Faires added that pre-development conferences were mandated by ordinance, and this portion of the ordinance would be addressed by Mr . Norwood, City Manager, Mr . Homeyer, City Engineer , and 6 himself in those conferences to ensure that all developers came into Wylie with their eyes open. Chairman Chaney agreed that all developers were aware of city requirements and would ask. Mr . Skipwith questioned whether the ordinance would apply to past projects . Mr . Faires replied that ordinances could not be retroactive, and would take effect upon development . He added that he felt the remaining side of Sanden Blvd . would be subject to such ordinance. Mr . Skipwith expressed his feelings again , saying that he hoped the City would not improve McCreary Rd . until this ordinance was in effect . Chairman Chaney asked Mr . Faires to relay that to the Council . Mr. Faires assured the Commission that the improvements would not be done, as the ordinance would go to Council the following week for approval . Mr . Skipwith also asked if the reimbursement of the cost of improvements at the time of development would be the then current costs , or the costs at the time the improvements were made. Mr . Faires said the developer would have to reimburse the city for what it would cost at that time, as today' s dollar value would not be as great as that in the future . Bart Peddicord made a motion to approve recommendation to the City Council for an ordinance amending Subdivision Regulations Ordinance No . 83-18 Section 6 , Subsection 6 by adding thereto a requirement for the reimbursing of public funds expended for improvements prior to development . The motion was seconded by Jim Ferguson. The motion carried with all in favor . GENERAL DISCUSSION . Bob Skipwith said he appreciated Don White patching the potholes on Hilltop St . , as many residents in Wylie seemed to use Hilltop to cut through to other streets . Marty Stovall told the Commission that he was submitting his resignation from Planning and Zoning , as he was moving out of the city. He said that it had been an honor to serve the City of Wylie and that it had been very enjoyable and a learning experience for him. Chairman Chaney added that the Planning and Zoning Commission was a voluntary board which had to put up with alot of hassles sometimes , but he felt decisions they made were in the best interest of the city and he appreciated Mr . Stovall serving on the board . Chairman Chaney asked Mr. Faires if the sign in Cecelia Wood' s yard was found to be in the right of way or on private property. Mr . Faires said he had spoken to the gentleman who had erected the sign , who told him he had permission from the owner to put the sign there. Mr . Faires suggested that he talk to the current property owner . Bart Peddicord said he would be leaving for vacation and didn ' t know if he would be back in time for the next meeting . Mr . Skipwith also said he would be on vacation at that time. Mr . Faires told the Board that they could expect Baron Cook to be present at the next meeting , as he was requesting a zoning change to obtain a special use permit to use a mobile home as a sales office in Newport Harbor . He also explained that Mr . Cook was comparing his situation to that in Stone Grove Addition where there were six different builders . Mr . Faires said he had already told Mr . Cook that he could have a mobile home for a construction trailer but not a sales office, and that the permit for a construction trailer would become invalid after six months . Mr . Faires added that Mr . Norwood , City Manager , Ron Homeyer , City Engineer and himself would give a comprehensive presentation on the past , present , and future sewer dilemma . He felt the presentation would be very informative and would be a means of involving the Planning and Zoning Commission. He told the Board they should be prepared for alot of hard work. Bart Peddicord said that Cecelia Wood' s and his terms would expire in July, and he wished to express his availability to serve another term. There being no further business , a motion was made by Bob Skipwith to adjourn. The motion was seconded by Marty Stovall . The motion carried with all in favor . Brian Chaney, Chairman Respectfully Submitted , Candi White, Secretary 00IP CITY OP' WYLIM 2000 HWY. 78 N. - P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2238 May 18 , 1989 TO WHOM IT MAY CONCERN: In accordance with the requirement of the Home Rule Charter , adopted January 19 , 1985 , Article 4, Section 1D, the following are designated to perform the duties of the City Manager in case of his absence or disability: FIRST: James Johnson, Director of Finance SECOND: Roy Faires , Code Enforcement Officer The above designations are effective upon the date of this letter and the subsequent ratification by the City Council as required by the Charter . Such designations shall remain in effect until there has been a significant change in the personnel concerned or in their normal organizational responsibilities . The above mentioned designees are hereby reminded that such designation is an acting and temporary assumption of the authority and responsibilities of the office of City Manager and is granted by the individual holding that office. Any action taken should be immediately reported to the City Manager upon his return . This letter supercedes that written on October 22 , 1987 and gsub equently ratified by the City Council . Charles E. Norwood, City Manager CC:Members of City Council Designees RATIFIED BY THE CITY COUNCIL OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS ON THE 23RD DAY OF MAY, 1989 . Chuck Trimble, Mayor ATTEST : Carolyn Jones , City Secretary UNITED STATES COAST GUARD AUXILIARY 1908 Tulane Drive, Richardson, TX 75081 Phone:(214)690-8376 OFFICE OF THE May 16, 1989 DIVISION VICE CAPTAIN The Honorable Chuck Trimble, Mayor City of Wylie P. 0. Box 428 Wylie, TX 75098 Attention: Carolyn Jones Re: National Safe Boating Week Proclamation President Bush has designated the week of June 4 through June 10, 1989, as National Safe Boating Week. Boating is one of the most popular recreation sports of the American public, and the number of pleasure boats on our waters is increasing every year. Our state of Texas has the fifth largest number of boat registrations of any state in the entire nation. Here in the City of Wylie area the U. S. Coast Guard Auxiliary and the U. S. Power Squadron are active in promoting safe boating education. To promote interest in safe boating, we would appreciate your proclaiming June 4 thru June 10, 1989, as National Safe Boating Week in the City of Wylie. If you would be generous enough to take the time to issue this proclamation, we will be genuinely grateful. A copy of the proclamation wording is enclosed. You may transfer the wording to your city's proclamation form or complete the attached, according to your normal procedures. In the interest of greater publicity, we would like to have one of our members present at the signing if possible. If you will give us a phone call with the date and time, we will make the necessary arrangements with the local press, etc. . Many of the local lakes have special activities planned. One of these activities is a Boat Parade and Blessing of the Fleet on Lake Lewisville which will be held on Saturday, June 3, 1989, at 2:30 P.M. The enclosed brochure gives some information regarding this event. We would be greatly honored to have you as the mayor of your city, and your family, join us on one of the review boats for this event. We will call you to further discuss this invitation. In the last couple of years over 100 boats have decorated for the parade. It again promises to be a most enjoyable event. Sincerely E. Davenport, Vice Captain, Division 5 National Safe Boating Week ead/pw Enclosure x„ �t -fix ac 5 &%f e Of A lflagOr tie rXW rottamattott WHEREAS, more Americans each year are choosing recreational boating as an ideal way to relax with their families and friends. However , what starts out as a pleasant cruise often ends in tragedy because boaters fail to teach their families to swim, fail to properly equip their craft with Personal Flotation Devices and other protective equipment, or fail to instruct their passengers in the use of such devices prior to a boating cruise; and WHEREAS, every year hundreds of lives are lost in boating accidents. These fatalities can be reduced and boating made more pleasurable if those who engage in it will emphasize knowledge, care and courtesy necessary for safe boating; and WHEREAS, the Congress of the United States, having recognized the need for such emphasis, has by a joint resolution of 4th day of June, 1958 (72 Sta. 719) , requested the President to annually proclaim one week as National Safe Boating Week. NOW, THEREFORE, I , CHUCK TRIMBLE, MAYOR OF THE CITY OF WYLIE, do hereby designate the week of June 4 - 10, 1989 as NATIONAL SAFE BOATING WEEK IN WYLIE, TEXAS I urge all who use our waterways to acquire those skills and knowledge essential to their own safety and that of others and to apply them carefully. fin cvitness w4eteof £ I ace 4eteunto set my I and and caused tl is seat to Ge affixed. Chuck Trimble, Mayor AT TEST: 01116 Carolyn Jones, City Secretary " DATE: May 23, 1989 TO: MAYOR AND CITY COUNCIL FROM: CAROLYN JONES, CITY SECRETARY DATE: MAY 18, 1989 SUBJECT: WYLIE HISTORICAL COMMISSION There have been three citizens reply to the ad in the two papers for The Wylie Historical Commission. They are as follows: Beth Fultz 701 N. Ballard PH. 442-3109 Patricia F. Guess 412 Gaston Dr. North PH. 442-4248 Karen Cain 400 W. Marble PH 442-7035 or 442-7508 MEMORANDUM TO, CHARLES NORWOOD, CITY MANAGER / 1, FROM, RON HOMEYER, P.E. , STAFF ENGINEER �2 ,, DATE, MAY 8, 1989 RE, ENGINEERING PROPOSAL - SHIMEK, JACOBS & FINKLEA I have reviewed the attached proposal to supply engineering services for the design and construction administration of the Southfork Mobile Home Park Alternate (Gravity sewer line) submitted by Mr. Ross Jacobs of Shimek, Jacobs & Finklea, Consulting Engineers. I have contacted other engineering firms within our area of the Metroplex and have found that a multiplier of 2.20 to 2.30 appears to be the accepted range for design projects of this type. The Texas Society of Professional Engineers Curve of Median Compensation indicates a compensation rate of 7.75% for a construction cost of $750,000.00. Based upon this factor, the engineering design cost calculates to be $58, 125.00. Services not included in this calculated cost are: 1. Design Survey Services (Preliminary Field Survey) 2. Land Survey Services and R.O.W. document preparation 3. Soil and Foundation Investigations 4. Preparation of Reports to Governmental Agencies 5. Construction Staking Taking the proposed maximum cost of $85,000.00 and deducting the accepted calculated compensation of $58, 125.00, the cost for the listed services would be $26,875.00. Realizing the fact that surveying services associated with any engineering project is between 1/3 to 1/2 the cost of the engineering design cost, this proposal appears to be reasonable. If the City were to reject this proposal and seek proposals from other engineering firms you would find that all of the firms of equal qualifications would have a cost equal to or greater than that proposed by Shimek, Jacobs & Finklea. Only the smaller, less qualified firms would provide a significant savings to the City. Therefore, I would recommend that the City accept this proposal by Shimek, Jacobs & Finklea for engineering design and construction administration services for the Southfork Mobile Home Park Alternate because of their familiarity with the project through their previous work for North Texas Municipal Water District on the Wylie Wastewater Collection System Improvements. SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 Ross L.JACOBS.P.E. c_FINKLIA,PE. May 1, 1989 JMAES E.LAUGHLIN,P.E. RONALD V.CONWAY,P.E. JOHN W.BIRKHOFF,P.E. MATT ARMSTRONG,P.E. JOE R.CARTER,P.E. GARY C.HENDRKKS,P.E. STEVEN W.McCRARY,P.E. C.1.SHIMEK,PE. Mr. Charles Norwood City Manager City of Wylie Post Office Box 428 Wylie, Texas 75098 Re: Muddy Creek Trunk Sewer from Southfork Mobile Home Park Dear Mr. Norwood: In accordance with your request, we propose to furnish Engineering Services required for preparation of plans and specifications, together with adminis- tration during construction for the proposed Muddy Creek Trunk Sewer from the Southfork Mobile Home Park to F.M. Highway 544. This would also include preparation of easement plats and descriptions for all properties crossed by the proposed line. The gravity line portion of this project would be designed for ultimate development of the area within Wylie, while the temporary force main and lift station will be sized for initial requirements. Charges for these services shall be based on salary cost times a multiplier of 2.25. Expenses will be at invoice cost times 1.10. Construction staking shall be based on salary cost times a mulitplier of 2.00. We estimate these charges will not exceed $85,000.00. If you concur, please have one copy of this letter signed for the City and return to our office. We are available to discuss this at your convenience. Sincerely7Lic ti Ross L. Jaco ,P.E. Approved for the City of Wylie, Texas Date SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 ROSS L.IACOBS,P.E. I.C.FINKLEA,P.E. May 1, 1989 ►AMES E.LAUGHLIN,P.E. RONALD V.CONWAY,P.E. JOHN W.BIRKHOFF,P.E. MATT ARMSTRONG,P.E. JOE R.CARTER,PE. GARY C.HENDRICKS,P.E. STEVEN W.McCRARY,P.E. C.L.SHIMEK,PE. Mr. Charles Norwood City Manager City of Wylie Post Office Box 428 Wylie, Texas 75098 Re: Muddy Creek Trunk Sewer from Southfork Mobile Home Park Dear Mr. Norwood: In accordance with your request, we propose to furnish Engineering Services required for preparation of plans and specifications, together with adminis- tration during construction for the proposed Muddy Creek Trunk Sewer from the Southfork Mobile Home Park to F.M. Highway 544. This would also include preparation of easement plats and descriptions for all properties crossed by the proposed line. The gravity line portion of this project would be designed for ultimate development of the area within Wylie, while the temporary force main and lift station will be sized for initial requirements. Charges for these services shall be based on salary cost times a multiplier of 2.25. Expenses will be at invoice cost times 1.10. Construction staking shall be based on salary cost times a mulitplier of 2.00. We estimate these charges will not exceed $85,000.00. If you concur, please have one copy of this letter signed for the City and return to our office. We are available to discuss this at your convenience. Sincerely, Ross L. Jaco ,P.E. Approved for the City of Wylie, Texas • Date MEMORANDUM DATE: May 12 , 1989 TO: Charles Norwood , City Manager FROM: Jim Gilmore, Chief of Police "! RE: Auction on Police Vehicles It is recommended that the three (3) police vehicles described in the attachments be disposed of as indicated . In addition , it is also recommended that Unit Number 2 , which has not been in use by the Police Department and had been assigned to the Fire Marshal , be sold at auction. This unit is presently located at the City Lot and is not being driven . JRG/bas / 7 MEMORANDUM DATE: May 5 , 1989 TO: Jim Gilmore, Chief of Police FROM: Detective Sergeant Ed Snead RE: Disposition of Police Vehicles The following is submitted per your instruction. It is requested that approval be granted to dispose of three (3) of the Departmental vehicles . The vehicles have been appraised and copies of appraisals are attached . We propose that the vehicles be auctioned off and the proceeds from this sale be used to purchase an undercover investigation/chief ' s vehicle. The vehicles would be auctioned on a minimum bid basis. The minimum bid would be the Orderly Liquidation Value shown in the appraisals . We have checked with Bob Mitchell Auctioneers and they advised that the City could place the vehicles in one of their auctions, which they hold periodically at their lot in Rockwall . The fee would be 8% of the sale price and if the minimum bid was not met there would be no charge. Using the figure of $8 ,300 , which is the total minimum of the three (3) vehicles the auction fee would be $664 .00 leaving a balance received of $7 ,636 .00 . The present chief ' s vehicle, which is a police package 1985 Chevrolet , will be utilized as a marked patrol vehicle. This will give us seven (7) marked patrol units and two (2) unmarked investigative units . For the Council ' s information the following is a list of the present vehicles and area assigned . Also , it has been suggested that Unit Number 2 also be deleted and sold with with the other units . We do not have an appraisal on this vehicle, but vehicle should bring $1 ,200 to $1 ,500 . MEMORANDUM DATE: May 12 , 1989 TO: Jim Gilmore, Chief of Police FROM: Ed Snead , Detective Sergeant RE: Police Units Numbers 8 , 9 , & 10 The reason we wish to delete these units which have lesser mileage then Unit 7 is as follows . Unit No 8 : This unit has been the " lemon" of the three (3) 1986 Chevrolets that we have. The main reason that it has the lowest mileage is because it has been in the shop twice as much as the other units Unit No 9 : This Vehicle has problems with blowing head gaskets and we have replaced three (3) in the past year . This vehicle got very hot when a radiator hose blew back in the summer of 1988 and has had problems ever since. Unit No 10 : This vehicle is a V6 and is not a police package vehicle . EOS/bas Memorandum - Cont' d Page 2 Unit # Year Make Mileage Division * 2 1983 Chevrolet 127863 Former Fire Marshal ' s Vehicle 5 1985 Chevrolet 33768 Chief ' s 6 1983 Chevrolet 74659 C. I .D 7 1986 Chevrolet 95041 Patrol * 8 1986 Chevrolet 72041 Patrol * 9 1986 Chevrolet 79345 Patrol * 10 1983 Oldsmobile 74041 C. I .D. 14 1987 Chevrolet 67323 Patrol 15 1987 Chevrolet 51639 Patrol 16 1988 Plymouth 34831 Patrol 17 1988 Plymouth 36064 Patrol ** 18 1989 Chevrolet Patrol * To be deleted ** On order Fair Market Orderly Liquidatior Qty. Description Value Value 1 1986 Chevrolet $ 4, 000.00 3 3,000. 0i Model : Caprice 4 Door Sedan s/n 1G1PL6960GX158259 W/ Automatic transmission V-8 engine • Air conditioning AM/FM radio Power steering Power brakes CONDITION REMARKS: 71 ,669 miles Some interior damage Tires in poor condition Hubcap missing Some accessory conversion for police use ------ //iyi-r' Fair Market Orderly Liquidation Qty. Description Value Value 1 1986 Chevrolet $ 3,600.00 $ 2, 600.00 Model : Caprice 4 Door Sedan s/n 1G1BL6968GX158252 W/ Automatic transmission V-8 engine Air conditioning AM/FM radio Power steering Power brakes CONDITION REMARKS: 79, 067 miles Some interior damage Tires in fair to poor condition Hubcap missing Some accessory conversion for police use Fair Market Orderly Liquidation Qty. Description Value Value 1 1983 Oldsmobile $ 3, 600. 00 $ 2, 700. 00 Model : Delta 88 4 Door Sedan s/n 1G3AL69A5DX339635 W/ Automatic transmission V-6 engine Air conditioning AM/FM radio Wire wheel covers Power steering Power brakes CONDITION REMARKS: 74, 025 miles Rear seat back faded Tires in fair to poor condition • • ter .. og..3 - WIUN Council of s* ..., C G P o Craw.,COG A.anaon.ren s moos—sees 01:WHIP 0 FROM: Bill Pitstick, Executive Director DATE May 9, 1989 TO: City Managers or City Secretaries in North Central Texas SUBJECT: Information for NCTCOG's 1989-90 Regional Directory Each year, following the municipal and school district elections, the North Central Texas Council of Governments publishes a regional directory of local governments and officials for the North Central Texas region. This directory has proven to be most helpful to public officials, administrators, and citizens in this region, as well as throughout the State. Directory information for incorporated municipalities, county governments, school districts, and member special districts in this region will be included. Please complete the attached directory form and return it to NCTCOG by Friday, May 26, if possible. In the event of a runoff, please go ahead and return the form by May 26 — including information on both candidates — we will contact you after the June runoff election for the results. Your prompt attention helps to provide a timely, up-to-date directory and we sincerely appreciate your assistance. The Directory is scheduled for completion in late June and will be mailed to all NCTCOG member governments. Additional copies will be available through NCTCOG's Regional Information Center. In addition to the directory information, if your city is currently a member of NCTCOG - please complete and return the enclosed form designating or redesignating your voting representative for 1989-90. Bill Pitstick Enclosures J ntomn�nrTwn RtR Six Flans f)rivp Dallas/Fort Worth Metro 817/640-3300 a NORTH CENTRAL TEXAS CO(RICL OF GOVERNMENTS 'Amber Government DssiVnstlon at *ling Rsprms.ntat e As a member of the North Central Texas Council of Governments, the hereby designates (local Government) Name: Title: Mailing Address Telephone to serve as its voting representative to NCTCOG's General Assembly. Signed: Title: Date: Under the Bylaws of the North Central Texas Council of Governments, each member government is entitled to one voting representative on the General Assembly. The representative must be an elected official selected from the governing body of the member government. The voting representative serves as liaison between the local government and the Council of Governments: receives special publications and announcements from NCTCOG: and is eligible to vote on proposed Bylaws amendments and for candidates to serve on the Executive Board. A city or county official must be a designated voting representative in order to be considered for service on the Executive Board. Since some voting representative may have retired from office — or some member governments may wish to select a different representative from the one now serving — it has been NCTCOG's practice to attempt to re- certify voting representatives from member governments on an annual basis. This has usually been done immediately following the municipal elections (pending any necessary runoffs). Therefore, we are requesting the designation of your official voting representative to NCTCOG for 1989-90. The option is available to list your existing representative — without formal reappointment — unless he or she is no longer in office. Please return form to: NCTCOG P. O. Drawer COG Arlington, TX 76005-5888 olg - ie CITY OF WYLIE 2000 HWY. 78 N. — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 May 11 , 1989 RE: Barricade at Butler Circle Dear Property Owners : The Council voted some time back to erect a barricade at the entrance of the alleyway on Butler Circle. This was done to control speed and other traffic violations in this area. It has been brought to staff' s attention by one of the property owners , that the barricade was put up temporarily and the situation would be looked at within a certain time period. Staff received no complaints or heard of any problems with the barricade being at this location and therefore it was not returned to Council for further study and input . As a citizen who would have property affected by this , the Council and staff would like your opinion of the barricade. Has it worked in controlling the speed, or has it been a problem for you as a property owner . This item will be on the agenda for the May 23 , 1989 Council meeting. The meeting will start at 7 : 00 P.M. and you are invited to come and give your opinion of this situation. A copy of a map of this area is enclosed and if you have any questions concerning this , please call me at 442-2236 . Thank you, //2 CarO� J/ he Cit4 S crf ry Enclosure , A;44**\,,,,,,.................,..„ ••• 28 • 10 7 AKIN 1 I 16 8_G I.E. 9 U____TIL S M`C___ ,`-_ _ _ ISM T. P. 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M , s �� Vi d • IN ', r 1st " w ''1 . 4.7rtilrcop • • A ow= g --a- v It 4404t • 416 - t ia 4 ; a . it - silA w ii „ • 4914 111114 a OK -- u-IQ 1 ._ u • LEGISLATIVE II ALERT T>Ns.Issues **ire iinsepals Attention .1 7r May 12, 1989 S.B. 390 - POLICE/FIRE DISCIPLINE Senate Bill 390 by Senator Lyon, which passed the Senate earlier this year, has been favorably reported from the House Urban Affairs Committee and could now go to the House floor. The bill would apply to all police officers and fire fighters except those under the state fire/police civil service statute. In short, the bill would extend some of the provisions of the state civil service statute to all police officers and fire fighters. The bill provides that no disciplinary action could be taken without good cause and would establish a public hearing and appeals process for those police officers or fire fighters who believe they were disciplined without good cause. We encourage you to call your House members immediately to express your opposition to S.B. 390. You should stress the fact that the bill is bad for the following reasons: 1. The bill would create a property right to every position currently held by every police officer and fire fighter in the state. 2. If a city is forced, for budgetary reasons, to reduce staff, every affected fire fighter or police officer could ask for a public hearing at which the city would be forced to show good cause for making budget cuts. 3. The bill, along with many others, would effectively establish fire and police civil service systems in all cities of the state -- piece by piece — despite the fact that current law allows cities over 10,000 in population to adopt civil service — if they choose —by local referendum. 4. Cities not under civil service can now adopt the procedures laid out in S.B. 390 if they so choose. Cities should be extremely concerned that S.B. 390, taken together with a large number of additional bills currently being considered by the legislature, will effectively establish civil service systems in all cities of the state, including those which have rejected civil service systems at the polls. Texas Municipal League • 211 East Seventh. Suite 1020 • Austin. Texas 78701-3283 • (512)478-6601 LEGISLATIVE 1 ' ALERTThose Issues Aspire Irt "7. May 12, 1989 THESE BILLS NEED YOUR SUPPORT 1. H.B. 2115 (Parkerl, is a TML bill which provides for public official immunity from liability in certain cases. It has been passed by the House and been referred to the Senate State Affairs Committee. You should call your Senators to express your support. 2. H.B.908 (lunch), is a TML bill which would require the Texas Water Commission to consider costs and benefits when promulgating water quality standards and when issuing discharge permits. It has passed the House and goes now to the Senate. Again,you should call your Senators to express your support. 3. H.B. 1567 (T. Hunter), is a TML bill which would authorize cities to establish drainage utilities. This bill is desperately needed because the EPA may soon issue stormwater run-off treatment requirements. This bill will have passed the House by the time this Alert reaches you. You should call your Senators to express your support for H.B. 1567 and its Senate Companion, S.B. 610 by Senator Armbrister. Texas Municipal League • 211 East Seventh. Suite 1020 • Austin. Texas 78701-3283 • (512) 478-6601 LEGISLATIVE .s L . ALERT TMse Issas Ilemdre : j4 - May Immediate M aeda 12, 1989 S.B. 190 - POLYGRAPH EXAMS S.B. 190 by Senator Lyon, which passed the Senate earlier this year, has been favorably reported from the House Public Safety Committee and awaits House floor action. S.B. 190 is opposed by the Texas Municipal League. The bill provides that no police officer in the state could be suspended, discharged, or otherwise discriminated against for refusal to take a polygraph examination. The bill would affect every city in the state. We urge you to call your House members immediately to express your opposition. The points you should stress are the following: 1. Results of polygraph examinations are currently used for internal administrative decisions only. Police officers still have the right, under current law, to appeal those decisions through due process avenues. 2. Police groups routinely support their requests for special benefits and rights by arguing that they have unique positions involving a special position of public trust and responsibility. With regard to S.B. 190, however, they argue that they are not special and should be treated like all other employees. 3. Police officers, unlike other municipal employees, carry with them an extraordinary amount of authority. Cities should be able to use every investigative technique available to determine if that authority has been misused or abused, so that officers who do misuse their authority can be dealt with. The safety of our taxpaying public demands nothing less. As always, if you can't speak directly to your Representative (and you probably won't be able to), leave your message with one of the representative's staff members. You should immediately follow-up your phone call with a letter. Please send copies of any correspondence related to this issue to: Frank J.Sturzl Executive Director Texas Municipal League 211 East 7th, Suite 1020 Austin,Texas 78701-3283 Texas Municipal League • 211 East Seventh, Suite 1020 • Austin,Texas 78701-3283 • (512J 478-6601 / Loo"_ . 7, - -Fir - - . - May 12 1989 SO MANY BILLS..NSO LITTLE TIME With only two weeks remaining in the regular session, lawmakers face a classic legislative logjam. Can it all be sorted out before the final bell? Probably not. As one observer put it, "many bills will be left hanging, but most of them deserve to hang." During the waning days of a session, anything can happen -- and usually does. The number and length of committee hearings will fall off, as attention turns to floor action. There, it is quite common for amendments to completely change the focus of a bill. A good bill for cities can quickly become a bad bill, and vice versa. Throughout this period, TML staff members will be observing floor debates constantly and intervening as appropriate to protect municipal interests. There will be three more issues of the TML Legislative Update for the regular session. They will be published on May 19, May 26, and in early June. The last Update will be a wrap-up issue. In addition, the July issue of the Texas Town & City magazine will contain a final legislative wrap-up. Elected officials should make plans now to attend the Annual Institute for Mayors, Councilmembers and Commissioners to be held June 23-25 in Corpus Christi. One of the sessions during the Institute will be a final legislative wrap-up; TML staff will be on hand to answer your questions. There will, of course, be many more valuable sessions. Registration material for the Institute has been sent to all TML cities and will appear in the May issue of the Texas Town& City magazine. Please make plans to attend. If you have any questions about the Institute or registration procedures, please call the TML Communications Department at (512) 478-6601. SELECTED COMMITTEE ACTIONS H.B. 1 (R. Smith), relating to reforming the state's workers' compensation system. Previously passed the House; reported in substitute form from a subcommittee of the Senate Committee of the Whole. H.B. 8 (Morales), relating to asset forfeiture in felony cases. Previously passed the House; referred to a subcommittee of the Senate Criminal Justice Committee. Companion bill is S.B. 416 by Parmer. H.B. 457 (Guerrero), relating to training of personnel assigned to fire suppression duties. Reported from the House Urban Affairs Committee. Jo& ILL 462 (Blairl, requiring a notice of municaipaI boundary changes to the county clerk. Previously passed the House; reported from the Senate Intergt wernmetfial Relations Committee. L3. 548 (Eckelsl, exempting from the sales tax certain prbage collection services provided to non-profit homeowners' associations- Reported from the House Ways and Means Committee. H.B.702 (Hury), exempting certain lawn and yard services from the sales tax. Reported from the House Ways and Means Committee. Companion bill is S.B. 277 by Brooks which passed the Senate. H.B.831 (Warner), exempting the property of certain non-profit television and radio stations from property taxation. Reported from the House Ways and Means Committee. Companion bill is S.B. 131 by Uribe. H.B. 839 (Rodriguez), requiring that municipally owned electric utilities report load forecasts and generation/transmission information to the Public Utility Commission. Reported from the House State Affairs Committee. H.B. 860 (A. Moreno), allowing exemptions from the competitive bidding statute for equipment sold at auctions, at a going-out-of-business sale, or by another political subdivision. Previously passed the House; reported from the Senate Intergovernmental Relations Committee. TML BILL H.B. 1189 (Marchant), relating to the authority of the Texas Water Commission over issuance of certain water district bonds. Previously passed the House. Reported from the Senate Natural Resources Committee. H.B. 1240 (R. Lewis), relating to regulation of a public utility that is a party to a collective bargaining agreement. Reported from the House State Affairs Committee. Companion bill is S.B. 340 by Edwards, which has passed the Senate and been reported from the House State Affairs Committee. H.B. 1266 (Russell), exempting certain amusement services from the sales tax. Reported from the House Ways and Means Committee. H.B. 1339 (Culberson), exempting from property taxation the property of non-profit organizations that treat alcohol or drug abusers. Reported from the House Ways and Means Committee. H.B. 1348 (Turner), authorizing a religious organization to file a late application for a property tax exemption. Reported from the House Ways and Means Committee. H.B. 1425 (Connelly), exempting certain computer programming services from the sales tax. Reported from the House Ways and Means Committee. H.B. 1459 (Guerrero), authorizing escrow accounts for the payment of property taxes. Reported from the House Ways and Means Committee. H.B. 1569 (Glossbrenner), relating to trench safety. Reported from the House Business and Commerce Committee. TML BILL H.B. 1573 (Robnett), relating to determining the income tax expenses of a public utility for rate- making purposes. Reported from the House State Affairs Committee. Companion bill is S.B. 1061 by Glasgow. 2 $,b 1713 [C HoRiat Mathis to governmental contracts for architectural or engineering services. Reported from the House State Affairs Committee. Companion bi is 9J. 477 by Harris,which has passed the Senate. H.B. 2249 (G.Thonigioni. relating to an 'evergreen" dause in collective bargaining agreements. Reported from the House Urban Affairs Committee. EL$. 2377 (Berlangs), making corrective amendments to Article 7 of H.B. 4 (1987 legislative session), relating to permits. Reported from the House Environmental Affairs Committee. TML BILL H.B. 2379 (Berlanga), applying certain animal shelter and animal care standards to all cities, not just those which exceed 75,000 in population as is current law. Reported from the House Public Health Committee. H.B. 2418 (Wentworth?, relating to the location of rock quarries. Reported from the House County Affairs Committee. TML BILL H.B. 2478 (T. Smith), relating to the deadline by which a final order must be entered in an appeal of utility rates set by a city. Reported from the House State Affairs Committee. H.B.2482 (Blair)., exempting from public disclosure certain information regarding a former official or employee of a governmental body. Reported from the House State Affairs Committee. H.B. 2681 (Taylor), relating to enhanced warning sign visibility at railroad grade crossings. Previously passed the House; reported from the Senate State Affairs Committee. Companion bill is S.B. 1263 by Lyon. H.B. 2820 (Arnold), establishing a time limit for validity of election petition signatures. Reported from the House Elections Committee. H.B.2942 (T. Smith), relating to the "taking" of property for public use. Reported from the House State Affairs Committee. Companion bill is S.B. 1114 by Montford. H.B. 2959 (Schlueter), relating to the taxation of property transported out of the state. Reported from the House Ways and Means Committee. (Note: this is the enabling legislation for the so- called "freeport" property tax exemption. This bill, if passed, would be effective only if the voters approve an amendment to the Texas Constitution in the November 1989 general election. That amendment is called for by SJ.R. 11 by McFarland, et al, which has passed the Senate and is awaiting House floor consideration. Both S.J.R. 11 and H.B. 2942 allow for a local option to continue to tax"freeport"property.) H.B. 2963 (Evans), authorizing electronic funds transfers of compensation of city officers and employees. Previously passed the House; reported from the Senate Intergovernmental Relations Committee. H.B. 2990 (Stiles), relating to the right to use and possess property purchased at a property tax sale. Reported from the House Ways and Means Committee. HJ.R. 13 (Willy), proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation certain property of non-profit veterans' organizations. Reported from the House Ways and Means Committee. Companion resolution is SJ.R. 18 by Brooks. 3 11411aLabga proposing seadmeat to control the authority of courts to require hoovered �g a co�spearing ow the junkie! branch. Reported from the House Appropriations Committee. Salaillidigadgl, authorizing municipal fire departments to obtain criminal history records of certain applicants. Previously passed the Senate; reported from the House Urban Affairs Committee. S.B. 262 (Moatford), relating to local governments' life, health, and accident insurance coverage. Previously passed the Senate; reported from the House State Affairs Committee. S.B. 268 (Uribel, relating to determining the physical fitness of police officers and fire fighters in cities covered by the state fire/police civil service statute. Previously passed the Senate; reported from the House Urban Affairs Committee. S.B. 339 (Krier)., relating to a notice of certain property tax exemptions. Reported from the Senate Finance Committee. S.B.356 (ZaffiriniI, relating to fees for services provided in criminal cases. Previously passed the Senate; reported from the House Criminal Jurisprudence Committee. S.B.379 (Zaf'firini), relating to the correction of certain property tax records. Reported from the Senate Finance Committee. S.B. 390 (Lyon), relating to disciplinary measures taken against police officers or fire fighters. Previously passed the Senate; reported from the House Urban Affairs Committee. S.B. 549 (Krier), relating to publication in a newspaper of a caption of an ordinance imposing a penalty by a general law city. Previously passed the Senate; reported from the House Urban Affairs Committee. Companion is H.B. 1276 by Wentworth. TML BILLS S.B. 657 (Parker), relating to liability of a member of an emergency management or planning council. Previously passed the Senate; reported from the House State Affairs Committee. Companion bill is H.B. 1980 by Hury. S.B. 888 (Whitmire), relating to sterilization of cats and dogs adopted from an animal shelter or pound. Reported in substitute form from the Senate Health and Human Services Committee. S.B. 914 (Parmer), requiring that the members of a central appraisal district board be elected officials of the district's taxing units. Previously passed the Senate; reported from the House Ways and Means Committee. Companion bill is H.B. 1979 by Hury. S.B. 971 (Ratliff), relating to the establishment of certain industrial development corporations. Reported from the Senate Intergovernmental Relations Committee. S.B. 995 (Krier), designating housing authorities' functions as governmental -- not proprietary — functions. Reported from the Senate Jurisprudence Committee. Companion bill is H.B. 1758 by A.Moreno. S.B. 1340 (Leedom), authorizing local government investment pools. Previously passed the Senate; reported from the House Financial Institutions Committee. Companion bill is H.B. 1749 by Robnett. 4 JS Silatailimma refit*to public finds inwestinests. Priem* from the Howe Financial door Cc�aliaes. passed t`ae S�■■ n�portrd Compassion 6i i 1L>k 17511 by eft 3.1 1156 ('ka.i , relating to redemption of real property sold at a tax sale. Reported from the Senate Finance Committee. Companion bill is 112.2291 by Parry. S.B. 1511 (Sa tiestebae), relating to the recovery of certain costs and attorney fees by a state or local government for prosecutions of litter or illegal disposal offenses. Previously passed the Senate; reported from the House Environmental Affairs Committee. S.B. 1517 (Breast relating to the registration and permitting requirements of certain municipal solid waste management facilities and to establishing a waste minimization and recycling office within the Texas Department of Health. Previously passed the Senate; reported from the House Environmental Affairs Committee. S.B. 1523 (Brooks), relating to a solid waste disposal fee. Reported from the Senate Health and Human Services Committee. S.B. 1657 (Montford), relating to submittal of an estimate of appraised value to a taxing unit by a chief appraiser. Reported from the Senate Finance Committee. S.B. 1659 (Montford), relating to submittal of appraisal records to the appraisal review board by the chief appraiser. Reported from the Senate Finance Committee. SJ.R. 50 (Montford)., relating to a notice of property revaluation. Reported from the Senate Finance Committee. SJ.R. 59 (Leedom?, relating to public funds investments. Previously adopted by the Senate; reported from the House Financial Institutions Committee. SELECTED FLOOR ACTIONS H.B.243 (Valigura), relating to traffic fines. This bill would repeal legislation passed in 1987 which provides that when a driver is convicted in municipal court of speeding on a state or interstate highway within the city limits of a city with less than 5,000 population, the city must remit to the state any portion of the fine which exceeds S2.00 times the number of MPH by which the speed limit was exceeded. While H.B. 243 would eliminate that 1987 statute, it would also provide that the total amount collected by a city in traffic fines cannot exceed 30 percent of that city's previous year's revenue. Passed the House. H.B. 579 (Yost, creating the offense of injuring or interfering with an animal under the supervision of a peace officer. Passed the House. H.B. 691 (McCullough), relating to the use of interest on bond proceeds. Passed the House. H.B. 708 (Perry?, creating a fire department emergency program funded by an increase in the gross premiums tax. Passed the House. H.B. 755 (Reppb, relating to sunscreening on automobiles. Passed the House. H.B.908 (lunch), relating to water quality standards established by the Texas Water Commission. Passed the House. TML BILL 5 ala1$cra to public hospitala Previte pared the Honig passed the S n.te. anallitalgrdigigy relating to the authority of the Texas Water Commission over issuance of certain water district bonds. Passed the House. W. 1329 (Swift), relating to Texas Water Commission review of certain permitted but unconstructed storage reservoirs. Passed the House. H.B. 1405 (Craddkk), relating to'whistleblowers." Passed the House. !LB. 1476 (Barton)., relating to the offense of a driver fleeing or attempting to elude a peace officer. Passed the House. H.B.2115 (Parker), relating to public official immunity. Passed the House. TML BILL H.B. 2297 (T. Smith)., relating to the service of municipally owned water systems. Passed the House. H.I.R.33 (Perry), creating a fire department emergency fund. Adopted by the House. S.B.204 (Sims), relating to the appointment of health department directors. Previously passed the Senate; passed the House. S.B.356 (Zalliirini)., relating to fees for services provided in criminal cases. Previously passed the Senate; passed the House. S.B.549 (Krierl, relating to a publication of captions of ordinances imposing a penalty by a general law city. Passed the Senate. TML BILL S.B. 1224 (Santiesteban), relating to penalties for violations of water rights or dam safety rules. Passed the Senate. Companion bill is H.B. 1185 by T. Smith, which has been reported from the House Natural Resources Committee. S.B. 1283 (Parker), relating to the creation of a health, life, and accident reinsurance pool for certain local governments. Passed the Senate. Senate OKs bill seeking in-depth review of PUC Responding to widespread criti- Parker noted that a number of For example, having the agency cism of the powerful Public Utility questions about the PUC's policies undergo sunset review in 1991 Commission, the Senate on Tues- were raised during the Senate's re- means that much of the review day tentatively approved legisla- cent confirmation hearings for work will begin in 1990, when ma- don that will begin a thorough Commissioners Marta Greytok jor statewide election campaigns review of the agency's operations. and William Cassin. will be under way. The commis- The commission, which regu- Some senators questioned sion's operation and its effective- lates electric utilities and telephone whether the commission's decision ness was a major campaign issue in companies, was scheduled to go favored utilities. while others ar- 1982 in the gubernatorial race through the review process known gued that the agency wasn't harsh between Mark White and Bill as sunset in 1993. The bill by Sen. enough in its regulation. Clements. Carl Parker,D-Port Arthur,moves Sen. Chet Edwards, D-Duncan- To ensure that utilities are not the review period to 1991. ville said he feared that the early given a chance to weaken utility re- Agencies can be abolished if sun- sunset review process "is basically gulation during the sunset process, set legislation is not approved. If going to be exposing them to tre- Sen.Carlos Truan amended the bill the PUC is abolished, cities would mendous political pressure from so that only agency operations,not decide whether to grant utility rate both sides of the aisle." regulations,undergo review. increases. 6 Senate panel iiKs workers' compensationbillHis bill would save employers Glasgow was supported by Sew. By Brace Hight between$100 million and$500 mil- John Montford. Lubbock. Sen. Amenan-atetereen capita staff lion a year in workers' compensa- Cyndi Krisr, R-gan Antonio, and Sere.Bob Glasgow finally got his tion insurance rates,Glasgow said. Sen.Bob McFarland.R-Arlington. That would be as much as 16 per- Caperton, Lyon and Parker are workers' compensation bill out of cent savings in rates, which have Caperton, Lyon ar- subcommittee on Tuesday, but shot up 148 percent since January, trial lawyers Suchtinjuredlawyersr wocorkers only by a 4-3 vote and with no visi- 1985 and is t represent workers hie enthusiasm. and the group most critical of However, he acknowledged, thereforms. One of the dissenters, Sen. Carl proposed Parker,D-Port Arthur,at first vot- estimated savings are not based on ed against an amendment that he actuarial projections but guesses But Dane Harris, president of on how much weight the insurance the Texas Association of Business, normally would have cheered, say- board would give to the bill's tough also said the Glasgow bill was unac- ing of the bill, "I don't want to im table.He criticized the bill's re- new requirements for job safety cep table. it any." and efforts to contain medical tention of the option of jury trials "I'm not happy about that," costs for workers and insurers unhappy Glasgow,a Stephenville Democrat, Glasgow said the biggest obstacle with an award made by the Indus- said said when asked about the 4-3 vote to unanimity was his bill's new im- trial Accident Board. far his bill and the failure of pairment schedule, which outlines Under Glaegow's bill, the first lengthy negotiations to find urea how injured workers would be corn- step in a disputed case would b a nimity, or at least a broad base of pensated for their injuries. The highly informal benefit review con- support. schedule is based on the part of the ference. If the conference did not But Glasgow needed to get his body injured,the extent of the inju- work,the parties could either to bill moving if the Senate is to pass ry, and other factors such as the mediation or to a highly formal its version of workers' compensa- worker's age, education and contested case hearing. If they tion reform before the legislative training. went to mediation and that did not session ends May 29. He said he Sen. Kent Caperton, D-Bryan, work, they would then go to bind- hoped the Senate,meeting as corn- could not find enough bad things to ing arbitration. After a contested mittee of the whole, takes up the say about the impairment ached- case hearing,either party could go bill on Friday. The House already ule,calling it a nightmare, a disas- to court for a jury trial, but they has passed its version by Rep. Ri- ter, too complicated, and made of could use only the record developed chard Smith, R-Bryan. "dehumanizing elements — it as- at the board and there would be re- Glasgow said he wanted his bill sumes you can put people in a corn- strictione on the settling of cases enacted into law without having to puter and evaluate them." out of court. go to a special legislative session so Caperton was joined by two De- The House bill by Smith would that the State Board of Insurance mocratic senators, Ted Lyon of eliminate trials altogether, relying in October can take advantage of Rockwell and Carl Parker of Port totally on an administrative review the legislation to lower rates by Arthur, in voting against the bill. system before the accident board. aAst ANT0110 sxteells 1999 Cash Shot is predicted Proposal to cut off ing the odds when the bill cleared a House Criminal Jur- le At1fiTIN drug dealers' fingers isprudence subcommittee. Mich adays left le the rep- "They said it could not be let legislative session.state lawmak en little chance done,"Edwards said of the 4 0 wail era — who it sow bad touted a Mr AIa11MGt4 SZNTESW ,A vote. so-oew-taxes amnion — said lees a Legislature.a body that day state goverentatt may fan two is seldom lukewarm about jaw- Legislation still in commit- nuboe to In million short as as and-order bills. has been coc. tee in the final three weeks of 1f1N1 budget to state Rep.Al Edwards' leg- the session is never given House-Senate GibLid illation to amputate the much chance to Pam. but Ed- w as the t is short of fingers of drug dealers. sa id remains optimistic. He said his chances are "difficult cash to accompk�"everything we'd But Tuesday Edwards, 1,- " Me to do."He said a tax in- Houston, boasted about beat- but not impossible. crease has been "There's always a way to cut(the budget),"Lewis said."But to do that, you might have to make some pretty severe cuts" Municipal grou says open record plan to cost cities IN IIOY BRAOO ,I'm not pleased." Houston Chronicle Austin Bureau •Frank Sturzl. the league's execu- tive director, said Caperton doesn't fully understand the group's besita- AUSTIN — A municipal alliance tion over the legislation. says a proposed Open Records Act : "Our objections have nothing:to do revision would prove costly for tax- with open records," he said. 'There payers, but the Senate bill's author are certain provisions that we think says the group just wants to keep are going to impose costs for local government business secret. taxpayers." The Texas Municipal League Wed- Caperton and Sturzl disagree on Sturzl says the bill will tack extra assday said the omnibus Open Re- four main points expenses onto cash-strapped cities. cords Law proposed by Sen. Kent •Release of city records involv- •Allowing those overcharged for Caperton. D- log lawsuits.At present,a city being information to sue for triple dam- Bryan, would k sued can close every record — even ages. Sturzl said the provision could make cities foot $_ public information—on a particular result in unjust penalizing of cities the bill when `, ` subject under civil law statutes.Cap- for making honest errors in billing, complying with erton wants information to remain the law and puts ' open if it's not directly involved in the cities at a ,se the lawsuit. Sturzl contends such a tactical disad- provision would force cities to "tip vantage in law- • their hands" before a trial, a poten- suits. eh tidily costly situation. . The bill could •Requirement that a government come up fora agency notify third parties directly Smote vote next Caperton affected by the release of informa- Week. tion.Caperton's bill said the city can Caperton vented his anger at the publish a notice to accomplish this, league Wednesday. but Sturzl says some requests might "ells worked think h them for two retire thousands of letters or weeks and I think they've dealt in Pb00e extremely bad faith,"Caperton said. eat' "'The bottom lice is that the cities, •Making cities pay the cost of through their hired lobbyists, have deleting private information from decided to close government to their public records.Caperton says a law onotituents. I leaned over back- that allows cities to pass on these wards,met with them almost every charges has been abused,with some day for two weeks, then they came agencies charging exorbitant fees. beck to es and said_'No deaL' Executive Director—Frank J Sturzl c-1 _ 1s,',:;ate S~:—a 'y:: Director of Legisla►cve Services—Walter Fisher 23rd Annual General Assembly Meeting June 9, 1989 North Central Texas Council of Governments The North Central * NCTCOG's Eleventh Annual Mayors & Texas Council of Governments Councilmembers Workshop 8:30 a.m.-3:30 p.m. Executive Board (includes General Assembly luncheon) Agenda Enclosed cordially invites you to the 23nd Annual General Assembly Meetinc * 1989 Committee of the Future Report — Friday, June 9, 1989 Dan S. Petty, President 12:00 Noon Woodbine Development Corporation Luncheon and Program Dallas/Fort Worth Chairman. NCTCOG Committee of the Future Hyatt Regency DFW D/FW International Airport Dallas-Fort Worth, Texas * Election of NCTCOG's East Tower Enterprise Ballroc 1989-90 Executive Board * Presentation of Linda Keithley Award — an annual award to recognize an outstanding Luncheon address — woman in public management John V. Roach, Chairman of the Board Chief Executive Officer Tandy Corporation, Fort Worth $20 per person (luncheon) $30 per person (workshop and luncheon) Return card enclosed • North Central Texas Council of Governments 1 1 th Annual Workshop for Mayors & Councilmembers Friday, June 9, 1989 Hyatt Regency DFW - Enterprise Ballroom (East Tower) 8:15 a.m. LATE REGISTRATION, COFFEE, AND DANISH 8:30 a.m. WELCOME AND INTRODUCTIONS Everett B. Gladding, President, NCTCOG 8:35 a.m. WHAT IS NCTCOG? William J. Pitstick, Executive Director, NCTCOG 8:50 a.m. GUIDELINES FOR COUNCILMEMBERS Everett B. Gladding, Moderator Marti VanRavenswaay, Former Councilmember, City of Arlington * Streamlining Council Meetings * Team Building & Council Relations John Marshall, Councilmember, City of Lancaster * Using Advisory Boards and Commissions * Building Council-Manager-Staff Relations 10:15 a.m. BREAK 10:30 a.m. MUNICIPAL BUDGETING AND FINANCE Ed Galligan, Councilmember, City of Grand Prairie, Moderator Debra Forte', Director of Finance, City of McKinney Ken Reneau, City Manager, City of Weatherford * Understanding City Revenue Sources * Developing an Operating Budget * Cut-Back Management * Developing a Capital Improvements Program * Understanding Bond Ratings * Relating Budget to Policy 11:45 a.m. BREAK: NCTCOG GENERAL ASSEMBLY MEETING & LUNCHEON 2:00 p.m. LEGAL POWERS AND RESPONSIBILITIES Jerry Gilmore, Vial, Hamilton, Koch & Knox; NCTCOG General Counsel, Moderator H. Louis Nichols, Sallinger, Nichols, Jackson, Kirk and Dillard * Understanding the Texas Open Meetings Law * Distinguishing Between General Law and Home Rule Cities * Avoiding Nepotism and Conflicts of Interest * Personal Liability of Public Officials * Utilizing Your City Attorney * Council-Manager-Attorney Relations 3:30 p.m. EVALUATION AND ADJOURNMENT IL 24th Institute for Mayors, Councilmembers & Commissioners June 23-25, 1989 Corpus Christi, Texas PROGRAM AT A GLANCE THURSDAY, JUNE 22 'Making An Impact: 10:45 a.m.-Noon You and Your New Role Concurrent Workshops Institute Sporting Events 1:00-5:00 p.m. Noon-1:30 p.m. Spouse and Youth Activities Delegates Luncheon 6:00-7:30 p.m. 2:00-5:00 p.m. FRIDAY, JUNE 23 Welcome to Corpus Christi Reception Concurrent Workshops Sponsored by the City of 9:00 a.m. Corpus Christi and the 7:00-11:00 p.m. Institute Registration Opens Corpus Christi Convention TML Beach Party Bayfront Plaza and Visitors Bureau 10:00 a.m.-Noon Newly Elected Officials Workshop • You've Just Been Elected— SUNDAY, JUNE 25 Now What? 9:00 a.m.-Noon 2:00-5:00 p.m. SATURDAY, JUNE 24 Concurrent Workshops Concurrent Workshops 9:00-10:30 a.m. Noon-1:30 p.m. 2:00-5:00 p.m. Opening General Session Delegates Luncheon Newly Elected Officials Workshops 9:00-4:00 p.m. 2:00 p.m. 'Government in the Sunshine Spouse &Youth Activities Adjournment TEXASTM L = I � C MUNICIPAL LEAGUE MAY I 0 " May 1989 MEMORANDUM TO: TML Member Cities FROM: TML Staff SUBJECT: Twenty-Fourth Institute for Mayors, Councilmembers and Commissioners,June 23-25, Corpus Christi Enclosed are program information and registration materials for the 24th Annual Institute for Mayors, Councilmembers and Commissioners to be held in Corpus Christi, June 23-25. We ask that you photocopy this information and distribute it to members of your city council. For experienced officeholders, the Institute offers a variety of specialized sessions to allow for refinement of their skills. Newly elected officials will benefit from the broad base of information presented in the sessions. We think you will find that attendance at this meeting will benefit all elected officials. If as a result of May elections, new councilmembers are elected in your city, please make this material available to them immediately after the election. We look forward to seeing representatives from your city at the Corpus Christi meeting. Thank you for your assistance. 211 East Seventh, S,. :e 1020 • Austin, Texas 78701-3283 • (512) 478-6601 InfoRmAL REp ORT$ May 11 , 1989 Wylie Sports Association P .O . Box 652 Wylie, Texas 75098 Dear Mr . Norwood, and City Officials , Wylie Sports Association would like to express our "Thanks" to some of our City Officials , Ortie Messinger, Bud Naish, Jim Swartz, Jim Ferguson, Steve Wright and James Johnson. These people volunteered their time to help with the W.S .A. ' s Diamond Jamboree Carnival on April 29th. at the City Park. It ' s nice to know that our City Officials of Wylie , with their active schedule would take their time to help our organization. This shows that they really care and support W.S .A. and the "youth of Wylie . " Because if people can ' t work together and give a helping hand, no one can accomplish anything. We, W. S .A. just wanted to let you know how much we aprreciated their time. James Johnson is always willing to volunteer his time with different organizations in Wylie , along with the others . "THANKS TO ALL OF YOU ! " Sincerely, Oveta Vardell W.S.A. Board Fundraiser Chairperson AIR( --_h .__fi r__ dry /9P�« rNE WYLrc 'bet* Ovor: ,¢NSW £0 4,2y ALL S.. 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