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11-10-1992 (City Council) Agenda Packet AGENDA REGULAR MEETING WYLIE CITY COUNCIL November 10, 1992 7: 00 P. M. MUNICIPAL COMPLEX Call To Order Invocation - Pastor Dennis Pollock, True Vine Fellowship Pledge of Allegiance Consent Agenda 1 . Consider Approval of the Minutes of October 27, 1992 Action Items 2. Discuss and Consider Approval of a Resolution Urging the Texas Air Control Board to Expedite Permit Application for American Molds 3. Appointment with Residents from Newport Harbor to Discuss Utilities and Take Any Necessary Action 4. Discuss and Consider Approval of Request from Percy Simmons for Refund of Property Tax Overpayment 5. Discuss and Consider Award of Contract for Ambulance Service 6. Discuss and Consider Approval of an Interlocal Agreement with the City of Lucas for Dispatch Services 7. Discuss and Consider Authorizing Payment No. 2 to Jeske Construction for Rustic Oaks Drainage 8. Discuss and Consider Authorizing Payment No. 7 to Randall & Blake, Inc. for Work Related to the Landfill Closure 9. Discuss and Consider Rejection and Re-Award of Curb and Gutter Bids 10. Discuss and Consider Approval of Moss Addition Final Plat Staff Reports 11 . City Manager's Report 12. City Engineer's Report 13. City Attorney's Report Citizen Participation Executive Session 14. Hold Executive Session Under Article 6252 -17 V.A. C.S. to Discuss Litigation: Wylie North East-Water Supply Corporation Texas Water Commission Settlement 15. Take Any Necessary Action Related to Litigation: Wylie North East-Water Supply Corporation Texas Water Commission Settlement Adjournment MINUTES OF THE WYLIE CITY COUNCIL October 27, 1992 CALL TO ORDER 5 Mayor Pro-Tem Tim Swartz called the meeting to order with the following Councilmembers present: Ortie Messenger, Bud Naish, Reta Allen, and Steve Wright. Jay Davis arrived after the Consent Agenda. Mayor John Akin was absent. 10 MINUTES OF OCTOBER 13, OCTOBER 19, OCTOBER 20, AND OCTOBER 21, 1992 Naish made a motion to approve the minutes with corrections in the Minutes of October 19th. Messenger seconded the motion. The motion was voted on and passed unanimously. 15 ORDINANCE NO. 92-13 AUTHORIZING THE ERECTION AND/OR REMOVAL OF TRAFFIC SIGNS AT CERTAIN INTERSECTIONS WITHIN THE CITY Upon the reading of the ordinance caption, City Manager Steve Norwood explained 20 that the ordinance provided that several yield signs south of SH-78 be replaced with stop signs and provided various changes in existing signs located in areas including Ballard, 5th Street, 3rd Street, Oak and Marble. Messenger made a motion to approve the ordinance. Allen seconded the motion. The motion was voted on and passed unanimously. 25 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,PROVIDING FOR THE CONTROL AND REGULATION OF TRAFFIC FLOW AT CERTAIN STREET INTERSECTIONS WITHIN THE CITY, BY DESIGNATING SOME AS STOP INTERSECTIONS AND DESIGNATING CERTAIN OTHER INTERSECTIONS AS OPEN INTERSECTIONS; PROVIDING FOR THE ERECTION OR REMOVAL OF SIGNS IN ACCORDANCE WITH 30 AND AS APPROPRIATE TO SUCH DESIGNATIONS;REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FORAN EFFECTIVE DATE FINAL PLAT FOR OAKRIDGE,A 1654 ACRE SUBDIVISION LOCATED GENERALLY 35 NORTH OF THE ST.LOUIS/SOUTHWESTERN RAILROAD AND SOUTH OF THE WESTGATE/OAK STREET AREA City Engineer Paul Beaver explained that upon submission,the plat contained several items of non-compliance including a required easement that has since been submitted. He 40 explained that the plat met all requirements except that an executed copy of the easement had not yet been provided and recommended that the executed easement be a condition to approval. Naish confirmed that city staff had conducted an impact test to measure impact on existing subdivisions. Beaver stated that the impact test gave no indication of a problem. Council discussed a pro-rata ordinance and questioned the Oakridge developer's obligation 45 to pay a pro-rata share. Wright stated that the location of the subdivision would be 1 impacted by adjacent industry and that he could not support a residential subdivision dose to an industrial area. After Council discussion,Messenger made a motion to approve the final plat subject 50 to the following conditions: 1) that Fleming Street and the Westgate Way extension be constructed prior to any other construction 55 (this condition was recommended by staff in lieu of the Planning and Zoning Commission recommended requirement that the developer post a letter of credit equal to one half of the cost of the 700 foot Fleming extension prior to the Mayor signing the plat) 60 2) that the City receive a properly executed copy of the required easement not later than November 10, 1992 3) that the subdivision ordinance be reviewed to determine the applicability of 65 pro-rata requirements to the Oakridge Subdivision Allen seconded the motion. The motion was voted on and passed with all in favor except Wright who was opposed. 70 PRELIMINARY PLAT FOR BRANCH HOLLOW PHASE 1, A 15.006 ACRE SUBDIVISION LOCATED ON FM-982 WITHIN WYLIE'S EXTRA-TERRITORIAL JURISDICTION Mike Schmidt, Building Official, stated that the subdivision as submitted met or 75 exceeded all City of Wylie subdivision requirements and recommended approval. Council discussed the condition of FM-982 and verified with staff that the City had the ability to inspect and require adequate water lines. After Council discussion, Naish made a motion to approve the final plat. Wright seconded the motion. The motion was voted on and passed unanimously. 80 AMENDED ST. ANTHONY CATHOLIC CHURCH PLAT, A 6.923 ACRE SUBDIVISION LOCATED AT 404 NORTH BALLARD Mike Schmidt explained that the property owner proposed to combine the existing 85 church lot with a .17 acre tract to accommodate church remodeling He explained that two existing buildings were planned for demolition to provide future parking. Wright made a motion to approve the amended plat. Messenger seconded the motion. The motion was voted on and passed unanimously. 2 90 INTERLOCAL AGREEMENT WITH DALLAS COUNTY REGARDING STREET MAINTENANCE City Manager Steve Norwood explained that the County proposed to share street maintenance costs 50% but as the Council was considering possible disannexation of 95 city/county roads, he recommended denial of the contract. Naish made a motion to deny the contract. Davis seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS 100 The City Manager updated Council on the year-end financial status of the City explaining that the fundbalance was estimated at $360,000. He reminded Council,however, that approximately$50,000 would be used for street improvements on Birmingham,leaving a fund balance of$310,000. He explained that the City's bond rating was affected by a fund 105 balance less than the amount of funds required for the city to operate for three months which he estimated at $500,000 to $600,000. He noted that while at mid year staff had estimated the city expenditures would go over budget $70,000, the city ended the year approximately $4000 over-budget. 110 City Engineer Paul Beaver updated Council on the status of the landfill dosure and the pre-construction hearing scheduled for street reconstruction projects. CITIZEN PARTICIPATION (WATER SERVICE IN NEWPORT HARBOR) 115 Brad Burroughs, Ron Burchard, Greg Gayles, and Ted McMahan addressed the Council to discuss poor water pressure and high water bills in the Newport Harbor area. Swartz explained that while the city had only been aware of the problems for a few months, water pressure had been improved by water storm tank improvements. Beaver explained that repairs to the storm tank, line breaks, and a couple of shut-downs had caused 12,0 problems recently in the Newport Harbor area. Naish pointed out that although the developer was required to install a loop water line, the installation was never done. He added that Wylie had spent $2,000,000 providing sewer to Newport Harbor and Southfork Mobile Home Park and that the Council had 125 directed the City staff to develop alternatives to improve service at Newport Harbor. Fire Chief run Lynch disputed claims by the complainants that water pressure was not sufficient for fire protection. Lynch stated that the pumpers additional carried water, that the pressure was adequate for combatting a structure fire for in the worst scenario, - 130 several minutes. EXECUTIVE SESSION 3 Council adjourned into Executive Session at 8:05 p.m.under article 6252-17 V.A.C.S. 135 to discuss a Litigation: Southfork Mobile Home Park vs. City of Wylie b. Litigation: Don White vs. City of Wylie c. Personnel: Appointment to Park Board 140 APPOINTMENT TO PARK BOARD Upon reconvening into regular session at 8:40 p.m., Messenger made a motion to appoint John Burns to the Park Board. Naish seconded the motion.. The motion was voted - 145 on and passed unanimously. ADJOURNMENT As there was no further business to come before the Council for consideration, the 150 meeting adjourned. APPROVED 155 ATTEST 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, URGING THE TEXAS AIR CONTROL BOARD TO EXPEDITE THE PERMIT APPLICATION OF AMERICAN MOLDS WHEREAS, the expansion of American Molds is dependent upon the expedient approval of its application to the Texas Air Control Board, and WHEREAS,American Molds efforts must comply with all State statutes and Federal regulations, and WHEREAS,The City of Wylie appreciates the importance of a strong industrial base and the contributions American Molds makes to the community, and WHEREAS,American Molds provides community jobs and generates thousands of dollars each year in property and sales taxes NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Wylie, Texas, that the City of Wylie does hereby support the permit application by American Molds and does hereby request expedient processing of said application in accordance with State and Federal law. DULY PASSED AND APPROVED this the 10th day of November, 1992. APPROVED ATTEST City of Wylie AGENDA COMMUNICATION SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 10/6 3 Appointment with Residents of Newport Harbor SUMMARY OF SUBJECT: Brad Burroughs, one of the Newport Harbor residents who addressed Council last week has asked to be on the agenda to again address water service problems in the subdivision. Several other residents have called as well and we've let Mr. Burroughs know that the agenda is worded in such a way that they can each address the Council. Since this is not the Citizen Participation portion of the agenda, Council may take some kind of action if it deems necessary. ALTERNATIVES: ACTION REQUESTED: No staff recommendation . City of Wylie _ AGENDA COMMUNICATION SUBMITTED BY: ANITA COLLINS - TAX DIRECTOR: BRADY SNELLGROVE-- FINANCE DATE REFERENCE NO. SUBJECT 11/02/92 4 REFUND OF OVERPAYMENT OF PROPERTY TAXES SUMMARY OF SUBJECT: Mr. Simmons paid taxes on 'his personal home (R1282-002-0010-1) on MarchJ8 1992.in:the, amount of $624.47 because his mortgage company had not paid them. Off April 27, 1992 Resolution-Trust on-behalf-of the mortgage company paid the taxes ($654.26) on` this - property. Mr. Simmons is requesting that we refund his payment of $624.47. Section 31.11 of the State Property Tax Code requires the refund of excessive payments of $500.00 to be approved by the governing body. ALTERNATIVES: ,— -1)---Refund Mr. Simmons payment-in the amount of $624.47 -- - 2) Deny refund __ __- • ACTION REQUESTED:C ^� _ _ __ _ {� ry I' - — Staft,,f �}rrecommending that we refund-M;:;,;{Simmons=his ''payment of..$624..4 Y-lw►w 1 iti/ - .. cs� '�w 1' b P + rJla/►!_id[c e, i,.=7 a '-,i, a a ., --- -'- 'Sr.t - -,.., ^:Y; - `i` e'`+E.-.'.:L "L"' ^�^�+""w _ ac t . O t_• ;�- -....4' • -r•t r -=,as. ''.4'.,. -• 'R-.,e ` -;- S -r_- '` _ v- r REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED_FISCAL YEAR(s):_ -_ _ _ ' ESTIMATED EXPENDITURE: — - — -- - --- - -— --- S - - - :❑ ._ _. - _ . s OVER/UNDER PROJECTIONS BY: PERSONNEL OPERATIONS (D -ONE-TIME +❑ . - - • s CAPITAL ❑ 'RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER -C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP. PLAN, SKETCH BID TAB/SPECS X OTHER MINUTES LEGAL REVIEWED BY: :10=723u0 407 X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY -" X DIRECTOR OFFFINANCE' in9m1tsa epjR.'-OF-PLANNING/EIYG? " 3E43 B LIBRARY DIREGTO-R22 POLICE CHIEF.z CITY ATTORNEY - -PUBUC WORKS'SUPR. AFIRE CHIEF F "DIRECTOR OF PUBUC `- "`BUILDING OFFICIAL : WORKS • .• _ APPROVED FOR SUBMISSIONTO CITY_.COUNCIL k .d ' i` �i�F: - ,._- :.1� f - -,J.. :ia-'-. _ - 6P\ -Z-tcarr ' 'ik': � ' per ieF�d-w."'w. � .-"- • apd�9 -` 7t# i' & -..s f .:-.rr. 1i �t 1=4. ry �i' .. L v ` + •.1 ram. ' L..- r i s6 'h R►i/° .: y.L'�a� �' -� • �.#`-' €- '•? s.,�a ^r�-�' - ... - - shy v r= +' , r.<• / - ,t� -..!'. a,..- c Collections and Delinquency Sec. 31.11 Amended by 1983 Tex. Laws, p. 5462, ch. 1027, Sec. 1; amended by HB 1716, 70th Leg., 1987, effective January 1, 1988. Cross Reference= County collector,see Sec.6.21. Assessor and collector for other units,see Sec.6.22. Consolidation of collection by election,see Sec.626. Sec. 31.11. Refunds of Overpayments or Erroneous Pay- ments.(a) If a taxpayer applies to the tax collector of a taxing unit for a refund of an overpayment or erroneous payment of taxes and the auditor for the unit determines that the pay- _ ment was erroneous or excessive, the tax collector shall re- fund the amount of the excessive or erroneous payment from available current tax collections or from funds appropriated by the unit for making refunds. However, if the amount of the refund exceeds $500, the collector may not make the re- fund unless the governing body of the taxing unit also deter- mines that the payment was erroneous or excessive and ap- proves the refund. (b) An application for a refund must be made within three years after the date of the payment or the taxpayer waives the right to the refund. Added by 1981 Tex.Laws(1st C.S.),p.167,ch.13,Sec.126. Cross Reference= Refunds made automatically by unit,see Sec.2615(f). Refunds resulting from a tax rate rollback election,see Sec. 26.07(g). Interest on refunds,see Sec.31.12. Tax refund form,see SPTB Rule Sec.155.39. Note= A county tax assessor-collector may not establish a `tax clearance'account in which excess property tax payments may be deposited and then withdrawn to offset those prop- erty tax payments which are less than the amount imposed. Op.Tex.Att'y Gen.No.JM-536(1986). 31-17 . i ( v tit- NW V1. (1' IHx bINlflMtI4l IIJII iv .J l 0V/ '1 l / ' l rA A X L OL 4.C 1 OR TT r■ IOU TALUS _ o• vw" ■ r. N. Q x 28 1 11UOta "t►[GO 1 AO+.fJ y �1 LAN WYL. (Lit x 50�]8 LAND A.11.j..) . "lll►►JI:I44ilg216 IMP.OV.M■NT. 77441 10o 7781► 1 I .U. 958S1 uSHL� cK� IRES`K nil '1 S N.M..T.A. ii1.Ht OQ2 UU1 HUMIDOR PUSH �K STAR ./ u1.K�SHT I1 MIOR.I ►— I_(�T/V* Arr.. NS,C`t/I�►♦/T NUMBER A M.NT i00r J00(_26! S►5U41 TAX RATE.-Pi F Ol)OOr)0 ►5841 C .1 O V.T. S 100 - .(1h . '15u41 COO, LOAN HUMMER N Ir 4 f, ;2 OLOOUNT PAID IN OA UC T ,,JJ TV ��g✓77 5 i.42 NOVPP 'S► '�.4 2 OEC ► ;'4.42 SIMMI)N PI PCY A FAUX JAI► ,i1.4,! ()O RUSH (PFI K OR1 Vr FEL► 7.00X 41.26 too.U11 WYL. If rx 7SOgf MAP 9.00% S i.')r1 (71 90.41.7 //r/9Q . TAXESBECOME 02%FIRMO FEY.1 IE.A 7% BECOME EO0 LINO MO IULT ADO 7%.AOO I%tEll MO.TNER : 3 1 ° 1 ° 1 1 1 1 1 I i I PERKY .... _ -•.. Zoo RUSHWYU FRK CY SIMMONS _ - _ T sszs 7509, I.4ti1UTlrt (�228 LFR��F 19_s` 7 P _ " 32-rnei r O 1- --, pa..dent Bank �l $ � `, max, ie L.4 R SI � t 4 O j 2 �8 3 i• CY on aR+CY StINMpNg i ...--z.'_� I '�- ,�..,.�--..,.,,. FEDERAL HOME LOAN BANK OF CHICAGO 7 610 2 5 2 3 3 Resolution Trust Corporation CHICAGO, ILLINOIS Check No. DALLAS, TEXAS 7069 2.450/710 SIX HUNDRED FIFTY FOUR AND 26/100 _ DATE AMOUNT 04/21/9$ PO THE AY CITY OF WYLIE VOID SIX MONTHS FROM DATE OF ISSUE TORDER ATTN: TAX COLLECTOR ser $10,000 - 2 laipnilur s required • OF P.O. BOX 428 _ WYLIE, TX 75098 .��1t::•1:L�����9I�L'L11�1;1 II' 76 LO 25 2 3 3I2 3 30 1:07 100450 LI: 20 11119 ?0341I' 1 I 1 1i g I 1.41 +✓ r L. 114% L VI J 1 1Mn Ial1GIUIC.IV1 I A X LULL 1:� U H REAL ESTATE AND/OR PERSONAL PROPERTY TAX U 3/ 0/r92 P. U. BOX 420 NYL I1E TX 75098 COLLECTING FOR: WYLIL CITY ' rlsu;4t 442-2216 11 ACCOUNT NUMBER: ' R 1`r.�c'.U0.'. 001 01 YEAR 1 '?'I 1 RECEIPT NUMBER: 00 022u.3 ORIGINAL LEVY. 5 U 9.42 2UU RU ;H CREAK uR Ia:X 1.ATL .615 TAXh,1Lt VALUE 95, ti41 KU;ir1 CREEK I TA1 LS 15Lr./.;rf 1 I'y LUT/TR 1 UU UU 00 9 U' C A SEPARATE TAX STATEMENT WILL BE PRINTED FOR EACH DELINQUENT YEAR I COOEI2d2O 1L uVQ* 1IUMBER IF PAID IN` PENALTY% PENALTY AMT. COLLECTION COST iJ A1'K • II:: 64. 84 .0U :,'�4.�'6 1 Y'� .13 X 76. G� .UU ( , JJ.1 . 15 % fii. 41 .0U 677.831 StMtiW4 PF-RCY A F_ TUX JUL . 18% 10. . 1L 104..33 799.85 ZOO RUSN CREEK +)Jc1Vt � 5y, n� WYLIE TX 750911 `G -/ I. _ RETURN THIS FORM WITH PAYMENT Wal 1 /A AMOUNT DUE UNDER RED ARROW INCLUDES DELINQUENT COLLECTION COST City of Wylie AGENDA COMMUNICATION SUBMITTED BY: FINANCE DEPT. , PURCHASING DIV. DIRECTOR: BRADY SNELLGROVE DATE REFERENCE NO. SUBJECT 11/3/92 ! - EMS/AMBULANCE CONTRACT SUMMARY OF SUBJECT: The City's current contract.,£or.a.ems/ambulance services will expire December 15. Proposals were `soli-Citedfor anew two year contract. A-1 Ambulance was_the only contractor to submit a-proposal within the specified-time frame. Another contractor's proposal-was-delivered-after the deadline and was rejected and returned unopened. The proposed annual subsidy under the-new A-1 contract -would be $127,500.00. This is $4,752.00 less than the current subsidy and $9,000.00 less than the fiscal '93 budget allocation. • - No exceptions were taken to the City's specifications, however, a review of the proposal indicated possible irregularities with regard to workers comp coverage. The City Attorney is researching and will address this question separately. ALTERNATIVES: -1.-Award contract to A-1 Ambulance. — " -- - 2. Reject the A-1 proposal and solicit additional proposals. i 1 • ACTION REQUESTED: YPAT3FI033C µ cr - 1A? 1. Award contract to A= -Ambulance for a two year peri commencing December 15, 1992, wftTa enewa ption...for ,an-sa`d 3 onai-one'Jyear period. 33t1Aihri O ROT32 l3 X 2 o • . � •vi`sor`y":Board':. t 1 • responsibility z to o r a - ti - t 1 1 w � �a ♦ yr' r. 11 civic = ;w �; 1• t ' _ ._�;-MIK> e .-the ems coat ac �z air. _ e+i.^ - 'Y•c REVENUE SOURCES: EXPENDITURE ACCOUNTS: General Fund Combined Services _ ( Ambulance Contract Line Item-) - - - -- — _ - BUDGETED FISCAL YEAR(s): --- -- - - - - - - - - Fiscal '93 ESTIMATED EXPENDITURE: _ _ __ __ __ _ _ ____ _. - -- - - • - - $ -127;500.00 -- - — - -- - - ------ PERSONNEL -,_ 0_.- - -_,-: _ - - - OVER/UNDER PROJECTIONS BY: - - •J.-: : ___:,_ _ .. : f.,"r•- LIZ" --1. OPERATIONS fJ ONE-TIME Jo _I'D• - .'_* '7.E.: .7 _.. $ 9;000.00:Under . _ ,--- - . CAPITAL 13 RECURRING El OTHER COMMENTS: ..., . • USER DEPARTMENT COMMENTS: — ----- - ---- , ..... — - — ,,. SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER .._ , MAP, PLAN, SKETCH BID TAB/SPECS OTHER ! MINUTES LEGAL __REVIEWED BY. :GM a.3UO2.A X ,c mr,MANAGER ft DIRECTOR OF PARKS/REC. . CITY SECRETARY ----:, ., ,,A 1..9.w.ar-vwu gal.onemmo:-, au-asqq. lv OJI a 7:01 3=6-/500..4-. .-n 03 1.7)/.731703 jp/EWI. .1 -. X DIRECTOR OF FINANCE .b--._-.,.-.---_---_--...!-..D-M--'T.vfr,t•O- Fr.tE. L-A-?N-oN-A t_.:N 1,-----0•4-----,4--.1._. aI.r 1_iL_ BRaAcEt YGnDI R EQ.,vT DR __ .POUCEC IEF - CTYATTORNEY - - PUBUCWO- SUP;4 • R, . - FIRECHI • 1*:- •„-. — - -I..... ,.-,..L-vva.,- ---__, -- , --- 0-4 --7.77. ----4- *#...r.i'lliri-• - ,=771- -1-=-----.., ---....'•.:1ft-•;---,4tt:CA ....-. ..t•t'e-M,I_:4*.::•.--- . • . _-_ , ,..--44.---4,_ t-...., _ __-,---,,-, , ,..., , ,..-„,,:-...?„,.., ,4, ...-,, _-.....- 6-Ato.::-.....-iiere7,-?..,r...._,r,--_- 7--;,--. ---...,747.-.• -,4 • ,. z.- ."-_-_-.$-- _IF.-- -------J--=-s - t.-=- , -----,..-..--, -.---1- -------. = • PROVED FOR SUBMISSIO 0 CITY COUNCIL - z--- -'•=1- -.1.' - -:k*--"-7--=-7---t- , -, -,----.., -----.1---_— -- :.._• : ,-,:_,--A t -..-:- •-_. -.......-_:., __ ‘,.t 7__- ,-ittv---7.-- - - „,_ - -,-- - -,,-----..;-,----.--- - - - - -.- _ ,_„ ...„ _ _ , , _- - - - _- --.--1-I,-F---f---.....vr---- t-,4*----;---- -,---- - ..._71,....„..,4,w,...z:, ,_ „..„0„.......,_ 7 , 7- at, .. - • -:4: v .,;•.;,,. - ": f‘f•-f*--lir.4,---; __ , ‘,... , /..t.._ .....,-,. - ..-.1-:-.., _ ,.‘: -,..-- . ..-. - - _.2'.:-:.-"mu".-':.'" ".-•''.,..'..-.2t.--,-...4- - 7 . . ,T"-..,.--,,,;,7-_-:-.., - •-,,.,-,-v.:z_.,,,,..-, - , . , .._'.--.::-e,"ify;t2,,,iii Nyz,-F -0,,,,__-, _:-....t, :-,r- --.--- -,'.- "*"---4N*.w.,x,.rS.":,':;,-"--''''4C-4.,Ir;--r.-•-S,- _.... `-ts'*:-.Tria-.•,•4--.,...1- '.... . :-,.,_'-_':;.7:-$.,.-;.).......-*...7,..m..4,.*:;-., ••-:-::.C:.-.T4..:r4-.. 7,...,.i.,.,.;ri,.:'.:.ii:,-tA'.•,.-.3...",-2-..11-,'.i.. ..,_-;.:.--.-7-24,”..-7..7--,_:..4n4;t,etf!c..,; MANAGERi -.,:7_-..,. -,.. ' '''- - ' • --1-- -'--.` ---,4. • 4.-- - --.4.---- -4: --4-------3,- -f.. ---- - " ,- - - •., - ,--- - - --, .,, _--_--z. , _ . - -- City of Wylie • AGENDA COMMUNICATION SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEVEN P. DEIT ' DATE REFERENCE NO. SUBJECT 11-5-92 Lucas Fire Department Dispatch Agreement SUMMARY OF SUBJECT: Lucas has requested changes to the dispatch agreement which the council previouslY-approvecr.-This is. not a change to an existing,agreemnt but 'morc _ ---,- negotiations on the original agreement. See attached MEMO for additional background and comment. - ALTERNATIVES: 1. Approve Agreement as Proposed by the City Of Lucas 2. Make further changes to agreement for consideration by Lucas 3. Reject any changes and require Lucas to accept original offer P 7-1 • • - ACTION REOUESTED: = ,• -- _ %7.! I 3 s34, / / Motio569 approve changes t-o Inteflocal*.Agreement for 7disiratchseryipe,2,,c-1; to the City of-Lucas-Fire Departmen-tWin-affiniehdrizk City manager to execute the areement _ Tatt-13331103 -Arin-lcilirraffnifilfh@ g .ougug4 _ _ . • • _ - - - /1314)02-17130T • . , - • t., 4.-• -4 t.:144)42:. tt.` • -=';'.` " • _ • = ag"*; - - 7.7 - : • • • - . • REVENUE SOURCES: EXPENDITURE ACCOUNTS: NI BUDGETED FISCAL YEAR(s): _ _ ESTIMATED EXPENDITURE: OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ _ _ OPERATIONS 0 --ONE-TIME_ 0 - CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: LETTER X BACKGROUND MEMO MINUTES - C I P ORDINANCE/RESOLUTION OTHER WYLIE CODE _ ____ OTHER BUDGET • OTHER MAP, PLAN, SKETCH BID TAB/SPECS X MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITTSECRETARY �. DIR.OF PLANNING/ENG. LIBRARY DIRECTOR DIRECTOR OF FINANCE `a= _ =��a�i 5� u3 85sga . *t -' 3 3's79Rq f�f za. s v7f� sY-CiTY ATJORNEY� �e� .i ',U� B C`�IV��� R. POLICE CHIEF = a - s a DIRECTOR OF PUBUC - $ BUBUILfl c ; - FIRE CHIEF WORKSi ,r. c--; a . 177 APPROVED FOR SUBMISSION TO CITY COUNCIL ^ .�Y _ • yV�•_ . L _3«. v�t �I 4c � �/ 1 � • .'�'!�.N..a�.1`�n- y.l.Y . y -�`QL� '41 rik MEMORANDUM TO: City Council 0``V FROM: Steve Deiter SUBJECT: Dispatch Servic• for Lucas Fire Department DATE: November 5, 1992 The Council has previously approved entering into an agreement to provide dispatch services for the Lucas Fire Department. The agreement approved by the Council was the standard agreement format which the City used with Branch, Farmersville, and Nevada departments. Subsequent to the Council's approval the City of Lucas had their attorney review the agreement. He requested several changes and sent a revised agreement back to us for review. The changes were never reviewed or approved by Council. I am forwarding herewith a "lined out" copy of the changed agreement. The areas which have been changed from the original are either lined out (indicating deletion) or highlighted (indicating added language) . I have reviewed the agreement and find it to be acceptable from a legal perspective. For the most part the changes were that of personal choice and clarification. The one notable exception is the proposal is changes the payment terms from annually (in advance) to quarterly (in advance) . �~ Whether or not the change in the payment structure is acceptable a matter for the Council's consideration and decision. Should you have any questions on this matter please do not hesitate to contact me. cc: Steve Norwood INTERLOCAL AGREEMENT FOR COMMUNICATIONS CENTER AND DISPATCH SERVICE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN THIS AGREEMENT is by and between the CITY OF WYLIE, TEXAS, a municipal corporation, 2000 Highway 78 N., P. O. Box 428, Wylie, Texas 75098 (hereinafter referred to as "CITY"Wirt and the LUCAS VOLUNTEER FIRE DEPARTMENT, a VOLUNTEER FIREASSGGATIGN:.: "` S(hereinafter referred to as " " WITNESSETH: WHEREAS, the CITY Wnig deems establishment and development of a comprehensive Regional Public Safety and Public Service Communications and Dispatch Center a desirable objective; and, WHEREAS, CITY wykg has in place a communication center equipped with radio, telephone, and data equipment and is designated as a 911 Emergency Communications Public Safety Answering Point (PSAP); and, WHEREAS, CITY yew currently has equipment and operator availability above and beyond the immediate needs of the CITY wygig and available to address the regional communications/dispatch needs for the purpose of local government/agency communications; and, WHEREAS, CITY wym has determined it to be in the best interest of the public to share its communication facility, equipment and personnel capabilities with cities, towns, fire departments, emergency medical care providers and other governmental entities in order to facilitate more effective and efficient use of the communications center; and, WHEREAS, the Interlocal Cooperation Act, Article 4413(32c) Vernon's Annotated Civil Statutes provides the authority to political subdivisions for contracts by and between each other to facilitate the governmental functions and services of said political subdivisions under the terms of the Act; NOW, THEREFORE, in consideration of the above premises and the promises and agreements hereafter between set forth the parties hereby agree and covenant by and between themselves as follows: - -Qn [11 L.„ - uu if # / 4 INTERLOCAL AGREEMENT FOR COMMUNICATIONS CENTER AND DISPATCH SERVICE - Page 1 7-31 -9a communic.agr DATE ................... 1. CITY VfY I:E does hereby agree to provide on a non-exclusive basis, communication and dispatch services through its communications/dispatch center to Lucas Fire Department LUCAS for the follo ui ig emergencies fire, medical, weather; hazardous: ate r>als and: er.gen:eral civ emergenci s. 2. This agreement and all privileges granted thereby shall be in full force and effect from and after the 1st day of March, 1992 at 12:01 a.m. 3. Lucas Firc Department 1:4jp.N shall bear, pay and discharge any and all obligations, costs, fees or expenses incurred by CITY wog or Lucas Firc Department LU: AS for Lucas Firc Department's 4,0pAT initial start-up and accessing of the communications/dispatch center including the costs of acquiring its required radio and/or telephone equipment. All such charges shall be paid directly by Lugs Firc Department wpm and in no event shall any charges be made or accrued to CITY LIE. 4. Lucas Firc Dcpartmcnt 134.0A. shall indemnify and hOld harmless CITY woe of and from any and all claims, suits, actions or judgments, including all expenses, attorney fees, witness fees, costs of defending any such action or claims, or appeals therefrom, or resulting from Lucas Fire Department's sole or joint the negligence of UAS incident to Lucas Fire Dcpartmcnt's use tee of said communications/dispatch 4- center or occurring because of Lucas Firc Department's LUGS' G ' use of the ::..:...::.....:::.:. communications/dispatch center as a 911 PSAP. 5. CITY `i shall indemnify and hold Lucas Fire Department : U AS. harmless of and from any and all claims, suits, actions or judgments, including all expenses, attorney fees, witness fees, cost of defending any such action or claims, or appeals therefrom, resulting from CITY's sole or joint the negligence otwr.x incident to CITY's wypero use of said communications/dispatch center or occurring on the premises where said communications/dispatch center is located. 6. It is the responsibility of Lucas Fire Department woNs to ensure that its use of the communications/dispatch center conforms to all Federal Communications Commission rules and regulations. 7. Lucas Fire Department :: ancU,. agree to provide complete and .. .... .......: :....::...:...:.:.: . adequate ongoing training to personnel selected by AS< r .;:;:::....:...::..:.....:... Lug in the use of the communications/dispatch center. 8. It is specifically agreed and understood by the parties hereto that this agreement is permissive only and no property rights are granted hereunder. 9. It is understood by Lugs Fire Department cum that in times of disasters ::...:....:..::...:. or unusual events, service under this agreement may be interrupted through no fault of CITY WYLIE. In such event, no credit or rebate shall be earned for such interruption of ::.:....: ::.:.. service, unless Lugs Fire Department's ktIM use of the communications/dispatch center is continuously interrupted for a period of seven (7) consecutive days, in which INTERLOCAL AGREEMENT FOR COMMUNICATIONS ° CENTER AND DISPATCH SERVICE - Page 2 communic.agr event shall receive a credit or rebate on a pro-rata basis beginning with the eighth day of continuous interruption. 10. Lucas Firc Department kwAs shall be authorized to activate the telephone lines, telephone equipment, radio equipment (mobile, portable, or desk type), and other communication or data equipment listed and described in Exhibit "C" attached hereto upon execution of this agreement. Additional equipment, up to a Or NtOt P;er nt . .. .......:. . :...:.......:..........:...::::::.. (100%) increase in the number of units in any category of equipment, may be added upon written request. Such maximum may be adjusted by amendment of this agreement. 11. wpAp agrees to pay 0000000(iiitee CITY for dispatch ouch services an annual service fee, to be determined annually within 30 days ' equal to f ene ()dollar :$1 ( .010#0tc plus an amount equal to the per minute cost of the CITY YLIE s annual operations cost for its communication division times the number of persons residing in Lucas Fire Department Ma service area. The service fee so 12. For CITY's WV .! FY92 the service fee is Oene()dollar($1i }plus CITY'o wyte$ per minute opera '••- -e of $.2185 times 1,300 persons in Lucas Fire laepaFteleRt €1tJ - vice area for total of$1,584.05; which said amount shall be pro- rated from r to September 30 $928.73) which shall be paid within thirty{30) days from the = -• tion hereef eitittif0;; ,#eithdiit. Payment for services in future years shall bedue .0. .- t..:ity ( �# i' rt , in adv-� ce and payable within .rty �30) days from receipt of stateme• from CITY g. .................. ................... .................. 13. 't -- • _ - ' - -__ - = p#5 elect to request that a type of service avail-ble through the CITY me be provided on a less than full time basis, the annual servi, e fee for that service shall be calculated, billed and paid on a pro-rata basis. The fee in such instance shall be calculated as a percentage of the fee that would be due if the service were to be provided on a full time basis. The percentage of time the service is to be provided shall be used to calculate the annual service fee. 14. The annual population estimates available from the North Central Texas Council of Governments (NCTCOG) shall be used to calculate the annual service fee. If all or part of Lucas Fire Department ' service area is outside an area for which NCTCOG makes an annual population calculation, the population for that area shall be determined annually by adding or subtracting the annual growth rate for Collin County, as determined by NCTCOG, from the population estimate used to calculate the annual service fee for this area in the preceding year. 15. Failure to pay any betial service fees or coil for service fees within thirty (30) days of the due date thereof may be considered sufficient reason to temporarily suspend services furnished by CITY ME under this agreement. If such suspension of services becomes necessary, CITY will furnish Lucas Firc Department orm INTERLOCAL AGREEMENT FOR COMMUNICATIONS CENTER AND DISPATCH SERVICE - Page 3 communic.agr notice of such suspension and the effective date and time thereof in accordance with the procedures for revocation of services stated herein above. 16. So that CITY WYLIE and all entities or agencies participating in the regional communications/dispatch center may have projected cost estimates in advance of the normal municipal budgeting cycle, CITY fltYE shall evaluate and determine the estimated annual costs for operating the communications/dispatch center prior to July 1 of each year. Based on this determination of costs, each participating entity shall be furnished an estimated cost for participation for the next fiscal year with this estimate to include the annual service fees and the call for service fees. This estimate will be furnished on or before July 15 of each year. Rate increases, based on this annual review, .................. shall be determined by CITY WYLIE prior to September 1 of each year and shall be ....; effective for services received after October 1, the beginning of a new fiscal year for CITY yakg, of each year, CITY Wy.I4 shall notify each participant in the regional communications/dispatch center of any rate increases for services performed or in the annual service fee by certified mail, mailed to the person designated in this agreement to receive such notices, mailed on or before September 1 of each year. 17. CITY wywE shall provide the equipment, all necessary maintenance, supplies, personnel, and all other expenses necessary for the operation of the regional ,.. communications/dispatch center. Lucas Fire- e....,rtmont shall .:the face assess` f Lucas Firc Department's portion of the costs of operating the communications/dispatch center. 18. Lucas Fire Department Lo S shall pay all expenses for operation and maintenance of any equipment of facilities installed and operated at the regional communications/dispatch center for the exclusive use of L.UCAS. Radio equipment transmitting on frequencies used only by Lucas Firc Department wipAs or special telephone equipment to terminate lines for the exclusive use of Lucas Fire .................... Department tmgm, or its service area, are examples of the types of equipment or facilities that fall into this category for determination of costs and who is responsible for payment of related expenses. 19. Lugs Firc Department's V rights under this agreement may not be assigned to its successors in interest without the written consent of CITY WYLIE. ................... ................. ................... 20. In the event L€ : dr< EI should shall fail to fulfill any of its obligations hereunder or shall violate (as determined by CITY in its sole �- discret' any municipal, county, state or Federal law, CITY either' oy < is a t0000t shall have the option of revoking this agreement by giving written notice of such violation and intent thirty PO days in advance of the effective date of the termination. 21. Lucas Fire Department wpm may terminate their agreement with sir(60) days prior written notice to CITY # Y` for the following circumstances; a) Within one ottot n:" (120) days of proposed rate increase, or INTERLOCAL AGREEMENT FOR COMMUNICATIONS CENTER AND DISPATCH SERVICE - Page 4 communic.agr b) If CITY WyLIF has failed for ttt (30) days to remedy breach of any of its obligation hereunder. 22. Any notice, payment, statement, demand or correspondence required or permitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail. Notices of rate adjustment, notice of termination of this agreement, and notices of address changes shall be delivered by certified mail. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. If intended for CITY LJE, to: ...................................................... Mail address Steven P. Norwood City Manager City-of Wylie Box 428 Wylie, Texas 75098-0428 Physical address Steven P. Norwood City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098-0428 If intended for pm, to: Mail address Tuck Minnett Fire Chief City of Lucas 151 Country Club Lane Lucas, Texas 75002 Copy Gerry Ann Guzman Mayor City of Lucas 151 Country Club Lane Lucas, Texas 75002 INTERLOCAL AGREEMENT FOR COMMUNICATIONS '�' CENTER AND DISPATCH SERVICE - Page 5 communic.agr 23. Correspondence, comments, requests, and complaints regarding services rendered under this agreement shall be reduced to writing and forwarded to the persons designated above. In no case shall any person make any complaint, request, comment or demand, other than those that would be considered normal business transactions under this agreement, to on duty personnel or to any person other than the persons designated in paragraph 22 above. Failure to properly forward comments, requests, demands, and complaints may be considered as sufficient cause to revoke this agreement under the provisions of paragraph 20 and 21 hereof. 24. Unless otherwise designated in writing and made a part of this agreement, the persons designated in paragraph 22 above are hereby designated as the agent for the parties to this agreement and as such are designated and authorized to make decisions and determinations as may be authorized in this agreement or as may be necessary for the effective, efficient providing of service under this agreement. Such decisions, once made shall be final and binding under the terms of this agreement. 25. This agreement shall expire on September 30, 1994, unless extended by written agreement signed by both parties or sooner terminated as herein provided. IN WITNESS WHEREOF, the parties have executed this agreement on the dates set forth below. CITY OF WYLIE, TEXAS, a municipal corporation By: John W. Akin Mayor ATTEST: reardyrrjunes- A 47 Vic d City Secretary APPROVED: Steven P. Deiter City Attorney INTERLOCAL AGREEMENT FOR COMMUNICATIONS CENTER AND DISPATCH SERVICE - Page 6 communic.agr CITY OF LUCAS, TEXAS, a municipal corporation By: Gerry Ann Guzman Mayor ATTEST: Annette Alexander City Secretary APPROVED: John E. Rapier City Attorney INTERLOCAL AGREEMENT FOR COMMUNICATIONS -.- CENTER AND DISPATCH SERVICE - Page 7 communic.agr 1 Cart R to , 16(ct )--- 479 limited portions of the old ordinance A ' otion was made by Councilman Martin to approve the ordi -nc= adopting certain regulations relating to the contro - vicious dogs. Seconded by Councilman Swartz. The vo e was as follows: Mayor Akin - in favor, Mayor Pro Tem Davis - absent, Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor, Councilman Messenger - in favor, and Councilman Simmons - in favor. This motion carried .with six in favor, and one absent. APPROVAL OF TWO INTERLOCAL AGREEMENTS, ONE WITH THE LUCAS VOLUNTEER FIRE DEPARTMENT AND ONE WITH THE BRANCH VOLUNTEER FIRE DEPARTMENT: These interlocal agreements are for the use of the Wylie Police Communications Center and Dispatch Services . Chief Hightower reported that both of the above named fire departments have been in contact with - him regarding the use of our dispatch services. The Lucas Volunteer Fire Department has been using our dispatch services for several years without charge. Staff recommends that a $1 . 2185 per capita be charged to fire departments that our Communications Division provides services to. This figure is derived by taking the total cost of running the Communications division and dividing that dollar amount by the number of minutes in a year, giving a per minute cost breakdown and adding $1.00 per capita for administrative fees. Chief Hightower stated that today, the Mayor of Lucas contacted him and said that Lucas was not in total agreement with these fees. Steve Deiter, City Attorney, stated that the agreements in the packet needed to have a correction made to reflect the per capita fee. Steve Deiter also stated that there would be some liability, but this agreement has as much protection as possible. • A motion was made by Councilman Messenger to approve -the interlocal agreements with the-._Fire'_Departments ._nf_Branch and Lucas with -the above corrections regarding.-per capita fee. Seconded by Councilman Hughes. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Davis - in -.-u favor, Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor, Councilman Messenger - in favor, and Councilman Simmons - in favor. This motion carried with all in favor. APPROVAL OF SPRING CREEK PARKWAY FINAL PLAT FOR CONSTRUCTION: The Planning and Zoning Commission has reviewed this plat and recommends it to Council for approval of construction. Mr. Paul Beaver, City Engineer, stated that this plat is only for the extension of the road. Mr. • Beaver also stated that differences between the City of Wylie and Wylie Northeast Water Supply Corp . , will probably be handled with the application being filled with the State 14 Board. A motion was made by Councilman Hughes to approve City of Wylie. AGENDA COMMUNICATION SUBMITTED BY: Paul Beaver DIRECTOR: Engineering O DATE REFERENCE NO. SUBJECT 11/2/92 Jeske Construction Company ' 7 Pay Estimate No. 2 Rustic Oaks Drainage Ditch SUMMARY OF SUBJECT: Attached is Pay Estimate No. 2 From Jeske Construction Company in the amount of $25, 258. 36 for work accomplished on the Rustic Oaks Drainage Ditch, including loading, hauling, and filling clay, installing 12" rock rip rap, bermuda grassing and removal /installation of 6' wood fence. This payment represents 88% completion of the City Council approved $51 , 842 contract amount. ALTERNATIVES: No alternative is recommended. ACTION REQUESTED: Payment is recommended. . REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A Rustic Oaks Drainage Ditch BUDGETED FISCAL YEAR(s): N/A ESTIMATED EXPENDITURE: $ $25, 258. 3677 PERSONNEL [ ] OVER/UNDER PROJECTIONS BY: — OPERATIONS [ ] ONE-TIME [ ] CAPITAL [ ] RECURRING [ ] $ USER DEPARTMENT COMMENTS: OTHER COMMENTS: • SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER p',Mare MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. LIBRARY DIRECTOR DIRECTOR OF FINANCE X CITY ENGINEER PUBLIC WORKS SUPV. - POLICE CHIEF CITY ATTORNEY BULIDING OFFICIAL FIRE CHIEF DIRECTOR OF PUBLIC WORKS APPROVED FOR SUB ISSION TO CITY COUNCIL /� •- --- �'� /' / .a.. CITY MANAGER JOB: CITY OF WIYLIE DATE: 10/27/72 __ DIRT CHANNEL PERIOD ENDING: 10/26/92 92-07 ESTIMATE NO: 2 ." CONTRACTOR: JE=KE CONSTRUCTION CO. SUBCONTRACTOR: P.O. BOX 59025 DALLAS,TX 75229 214.620-2248 :ITEM : CITY : DESCRIPTION : CONTRACT UNITS : CONTRACT UNITS AMOUNT : AMOUNT COMPLETED : WORK DONE : ITEM $ : : QUANTITY : UNIT PRICE : COMPLETED : COMPLETED : PREVIOUS REQUEST : THIS PERIO -- . 1 LOAD.HAUL & FILL CLAY 2000 CY ;18.70 : 2000.00 : $37.400.00 : $22,440.00 : $14,960. 2 :-F ' : 12" ROCK RIP RAP , 17 CY $93.00 : 24.38 : $2.267.34 : ;2,267.- BERMUDA GRASSING ..75 AC : $12.1.00.00 : 0.38 : $4,557.50 : 14,537.- -_ . 4 : : REM/INSTALL 6' WOOD FENCE 200 LP ;18.00 . 350,00 : ;6,300.00 : 1 16,300. 5 : . $0.00 : $0. 6 $i.00 • , $0.' $0.00 : $0. 10 $0.00 : $0,' TOTAL AMOUNT WORK DONE $50,504.84 122,440.00 $28,064.` LESS 107. RETAINAGE $5,050.48 $2,806.,= SUB TOTAL $45,454.36/ ;25,258. LESS PREVIOUS PAYMENTS $1.0P OM v AMOUNT DUE THIS ESTIMATE..,. tAt.4`4.7Pr As 2S't.3 c REQUESTED BY: DATE: J/ 2 7 / pe. Jeske Co truction Co. APPROVED BY: p 6....-"..... 1.Ny' (a....„._,-, DATE: /0 ! 3c)/ Y '- r. .w. ...., 2 8 992 ' ,Mwur„r City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Paul Beaver DIRECTOR: Engineering () IN DATE REFERENCE NO. SUBJECT 11/3/92 Randall & Blake, Inc. Payment Request No. 7 Landfill Closure SUMMARY OF SUBJECT: Attached is Payment Request No. 7 from Randall & Blake in the amount of $5, 757 for work accomplished to close the City of Wylie landfill . Total amount completed to date is $236, 860. 38 which is 96% of the, revised $246, 453. 00 contract amount. The site has been mowed and fenced. 80% of the required bermuda has been established on the site. The entire site has been overseeded in rye for the winter. The remaining bermuda will be seeded in the spring of 1993. ALTERNATIVES: No alternative is recommended. ACTION REQUESTED: Payment is recommended. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A Landfill Arc-mint BUDGETED FISCAL YEAR(s): N/A ESTIMATED EXPENDITURE: $ $5. 757. 00 PERSONNEL [ ] OVER/UNDER PROJECTIONS BY: OPERATIONS [ ] ONE-TIME [ ] CAPITAL [ ] RECURRING [ ] $ USER DEPARTMENT COMMENTS: OTHER COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. LIBRARY DIRECTOR DIRECTOR OF FINANCE CITY ENGINEER PUBLIC WORKS SUPV. POLICE CHIEF CITY ATTORNEY BULIDING OFFICIAL FIRE CHIEF DIRECTOR OF PUBLIC WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL • TY ANAGER APPLIOFTIO$PO CERTIFICATE FOR PAY7(NT PROJECT: Closure of the Old Municipal Wylie Landfill DISTRIBUTION Ms Pate 1 of 2 TO: City of Wy11e PERIOD TO: OCTOBER IS, 1992 APPLICATION)D: 7 _x- Omer "'"FIDit-Radders ke via-fEngi rer)-- -_ --- - -_ r --Engineer M, APR.IWATION DATEs acmes13, 1992 =TRACT O)TE:December 31 1991 _x_ Contractor I A R C D E I F 6 I H I J K I- f- _____I______. - N NY I WORN COMPLETED )AH1 COMPLETED THIS PERIOD MATERIALS TOM CMPLETEDI NLACE TD • 110� DESCRIPTION OF ITEMS CORRACT WIT WIT PRICE I SCFFDLLED FROM PREVIOUS PRESSITLY STORED i STOIED ID 1 % FINISH • NJBITITY 1 N'L1E NPPLICATIO$ OIMDITITY f AMONT INOT IN 6 OR NiDATE IBMI+I) 1 COR�,ETE (F-J) - _ I 1 1 CIEOIIE p0 BOPB116 411.111 AC MIS 1 f1,NNt•M $1,800.10 LN AC WLM N.M f1,814.111 I 1M.M% MN 1 2 EMITION NO MODS 37811/.IN CY 11.M 1 $86,64141 $83,272.68 Lie CY MN ma 003,272.68l 91.421 $1,367.32 1 3R MB1aF RIMS $2B,2M.M *IL1BLM ma.* AC 11MB.11 I oto fLN Ver£N,4Rl ieb.)fi0 twat E% mM 4)o'4 T 4 IBOIR Biome 1iC1 L orer- -1M(sE1 M-rE 3t- --ottteeI $3BxN)-----f192:31- --LN EACH -- MM1---- -1LN----f192.10-F--'JR-NK1--f)9(~3B 31 9 Ell 6=IERW DUTY PAIN LIMN FENCE 1121.N If 19.39 1 1101641./1 $9,3/1.11 LN LF N.0 $LN 194111.111 89.29% $1,140.11 1.81 EATJ) ILM I N.M MN CM en NLN IL al $LN LM% N.M 71 LOAD, MILL, SPREAD OPi-BITE CLAY FILL 25911.11 CY $2.33 1 067,913.N f63,217.28 L N CY IL N 11.1111 163,217.28 96.113% S2,697.N 34R-N- --dill-LF-I---NLN --- --$RM-F--Nr33N;M- 96.5501--1155,11''' 91 9 BA 6r IETIW DUTY RAIN LIMN FDCE 120.81 LF $1263 1 $1,311.111 111,31L01 LM LF MN SILO $1,318.11 1M.M% MN MI MOVE,DISPOSE BMW TRES 1.D1 LS 12,861.M 1 12.86LN $,B6LN LM LS 1111.1111 N.0 IR861M 1111.DD% N.M 111 LDTBI, IOU., SPREAD OF-SITE CLAY FILL 1BMLM CY MOO I 01,1111.01 /l,MLM LM CY tN KM 031411.11/ 1111.1111 $1.11 j..I 1 f246,433.N i 30 ---t 1�-KWq S1�.L2 - - - jhoLosr J TOM.CORTI=CALMAR DRYS 61Page 2 of 2 COMET OIBLAR WYS TO DATE 179 _ s 1uestrt 119..6 a - 1 COTICE TO PROCEEDE 1-f6-92 - - - 1-16-92 The undersigned Contractor certifies that to the best of the Contractor's Ito ledge, infarsation and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Docents, that I -all-amoante-have been-peid-by-the-Contractor-forlortrf..-.th4 r...iws a Certificates for Payment wore issued and payments received from the Omer. and that current payment short herein is now due. uwrrci0{gJ, - - 1"n , ' Iiplication is made for Payment, as shorn,balm, In connection with the Contract. • MUMPS CERTIFICATE FOR PAYMENT I heed.....r.1t..t.....ti..s.d .1 1. dITBI1Bi commCOIT T SOM 1172,692N - tdee data comprising the abets application. the Engineer certifies to the '' L IN Mote h Orange Odors S73,761.N Owner that to the best of the Engineer's knowledge. infarsmtla,and belief . 3. COITNCT DIN TO OTT(Lin 1 +/-2) /246,433.N the Work has progressed as indicated, the q allty of the Mork in accordsn:t% :caret rasg,LETED I 37Tht,TO DM! 11 al(r�bp 38 ‘ ICoi mr,J ewe) Q 3. ElRltllM . MgDNT CERTIFIED. j. . a. 3 11 Ca Al 1 d -,- . • f12,543.a II8''3.0� NOW Ce(TIFID I S')S) z b 3 t of of Col an(Mal f =-fAttedrexplarti..if_..,;..;ified-dirk„f4,, MN the rant applied for.) W Total b$aGwe Ma S1 413 510.86, n),,43• - EMBI : : a. TO El 1100 c tmligfillraP,'tom Of 7.? I. a (Lin 4 is Ur*3 Total/ ) Dy.y .. 7. LEM►MVIdB CERTDF1O1113 FOR AMBIT f219,1ma' 1 - Lin 6 has trier Certificate) • s..>M• This Ca•tificete is sot negotiable. The MOUNT CERTIF10 is payable eni to L MS -N►3gBeM- �1 m. the 6w,rsctm-„eni Fen et,r Tamsnre,-ps7anb red srerpirw eF pymsml e e MICE II lam Lin il ALTANTRIE -e17,B9?.64- 'a11113s.(.T withost prejudice to ay Nynts of the Omar or Contractor rder this Contract. j. OS . ` l City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Paul Beaver DIRECTOR: Engineering DATE REFERENCE NO. SUBJECT 11/5/92 Authorization to sign contract with JRJ Paving to provide curb, gutter & sidewalk on Oak, Birmingham & Jackson Streets SUMMARY OF SUBJECT: On October 21, 1992, bids were received from 4 contractors to provide curb, gutter and sidewalk on Oak, Birmingham and Jackson Streets. Award was authorized by City Council on that date to Bolen Construction. Since that time, the City has conducted a preconstruction conference and numerous phone calls in order to initiate the project. Bolen qualified its bid in a nebulous manner which was not in the best interest of the City to provide manpower and equipment for sub-grade preparation. ALTERNATIVES: 1 . Continue use of unreliable contractor, Bolen Construction OR 2. Utilize 2nd bidder JRJ Paving (after proper termination of Bolen Construction) ACTION REQUESTED: Due to continual time delays, the proposed contract with Bolen Construction should be terminated. Immediate authorization for second bidder, JRJ Paving should be given so that work on the 3 street project can begin as soon as possible. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): N/A ESTIMATED EXPENDITURE: $ N/A PERSONNEL [ ] OVER/UNDER PROJECTIONS BY: OPERATIONS [ j ONE-TIME [ ] CAPITAL [ ] RECURRING [ ] $ USER DEPARTMENT COMMENTS: OTHER COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. LIBRARY DIRECTOR DIRECTOR OF FINANCE CITY ENGINEER PUBLIC WORKS SUPV. _ POLICE CHIEF CITY ATTORNEY BULIDING OFFICIAL . FIRE CHIEF DIRECTOR OF PUBLIC WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL •1 AGER BID TABULATION — CITY OF WYLIE — BID NO. 93 —02, CURB AND GUTTER CONTRACT OCTOBER 21. 1992-2OO P.M. BID AMOUNT DAYS TO BIDDER CURB DRIVEWAY SIDEWALK MOVE-IN MOVE-IN COMMENTS Bolen Construction 8.00/L.F. $700.00 Ea. 3.00/S.F. $350.00 10 Days JRJ Paving 10.25/L.F. $500.00 Ea. 2.80/S.F. $650.00 10 Days Holley & Son 10.50/L.F. $590.00 Ea. 2.69/S.F. 3 Days Ballard Contracting 10.93/L.F. $827.00 Ea. 5.28/S.F. $900.00 10 Days NOTE: The above bid is a fixed rate contract for a one year period. Assuming current requirements of 4,300 linear feet of curb and gutter, 28 driveway approachs and 200 square feet of sidewalk on Birmingham, Oak and Jackson total costs would be as follows: Bolen —$54,600.00; JRJ —$58,635.00; Holley —$62,208.00; Ballard— $71,211.00 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Michael Schmidt DIRECTOR:Paul Beaver. Planning & Engineering_ DATE REFERENCE NO. SUBJECT November 5, 1992 /D Consider approval for Final Plat for Moss Construction SUMMARY OF SUBJECT: Consider a petition from Moss Construction for Final Plat Approval. ALTERNATIVES: No alternatives are recommended. ACTION REQUESTED: To approve this Final Plat. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: X BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY - DIRECTOR OF FINANCE X DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF . - DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL // / /, ITY MANAGER MEMORANDUM TO : CITY COUNCIL MEMBERS FROM: MICHAEL SCHMIDT , BUILDING OFFICIAL DATE: NOVEMBER 5 , 1992 SUBJECT : MOSS ADDITION FINAL PLAT A review of the submittal of the Moss Addition Final Plat has revealed: 1 ) A detail sheet showing the installation of utilities that meet or exceed all city specifications . 2 ) All building line setbacks are clearly shown and meet city zoning regulations . 3) All required dedicated easements are clearly marked and meet our exceed city and state requirements . I recommend approval of the Final Plat as submitted . LOCATION MAP NO SCALE DART D iLduk.irA y -ill SITE N4 ,4 4L) cg cc LI 'la P rov h ed I LI des P MINUTES PLANNING AND ZONING COMMISSION CITY OF WYLIE MONDAY, NOVEMBER 2 , 1992 The City of Wylie Planning and Zoning Commission met in regular session at 6 : 30 PM. Monday, November 2 , 1992 in the Council Chambers of the Municipal Complex. A quorum was present and a notice was posted in the time and manner required by law. Those present were Chairman, Gilbert Welch; Vice Chairman, Bart Peddicord; Mike Hawkins , Cleo Adams , Billy Mills , Richard Eckman and Bobby Jennings . Staff members present were Building Official , Michael Schmidt ; and Secretary, Nita Morrow. ITEM NO. 1: CONSIDER APPROVAL OF MINUTES OF THE OCTOBER 19 , 1992 MEETING: Correction / addition Item 4A last sentence add: schedule a special workshop to decide what zoning a halfway house would fit into. A motion was made by Cleo Adams and seconded by Bobby Jennings to approve the . minutes as corrected. Motion carried, all in favor . ( 7 Votes) • ITEM NO. 2 : CONSIDER A PETITION FROM MOSS CONSTRUCTION FOR FINAL PLAT APPROVAL: Michael Schmidt and Steve Helmberger of Helmberger and Associates went over the Final Plat with the members . A motion was made by Mike Hawkins and seconded by Bart Peddicord to approve the Final Plat to go to the City Council . Motion carried, all in favor. (7 Votes) ITEM NO. 3 : CITIZEN PARTICIPATION: None. ITEM NO. 4 : ADJOURN THE REGULAR BUSINESS MEETING AND CONVENE FOR A WORKSHOP: A motion was made and seconded for adjournment . Meeting adjourned by Chairman Welch. Motion carried, all in favor. (7 Votes) Gilbert Welch, Chairman Respectfully submitted: Nita Morrow, Secretary City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEVE DEITER 1; DATE REFERENCE NO. SUBJECT 11-5-92 /a, SETTLEMENT NEGOTIATIONS WNE-WSC TWC PROCEEDINGS SUMMARY OF SUBJECT: In my last communication on this matter I indicated that the Council would have 'opportunity to consider taking a final, pre-trial, position on this matter. I further advised that this position should be developed in light of the TWC staff position letter which was due October 30. Even though I don't have the staff position letter this date, I expect it by the 11-10-92 meeting date. I will make the information available as soon as possible after it is received. It is necessary to consider, or more accurately re-consider, settlement on this matter prior to 11-23-92 at which time the TWC must be advised of the need for hearing. ALTERNATIVES: I am requesting this matter be discussed in exective session and will advise the Council of alternatives either at that time, or prior to then by way of separate instrument. ACTION REQUESTED: As with the alternatives I believe it best to reserve making any request for action until the executive session, or by way of separate instrument submitte prior to that time. - - REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 9 ONE-TIME 0 $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMIS N TO CITY C UNCIL CITY MANAGER