07-27-1993 (City Council) Agenda Packet AGENDA
W YLIE CITY COUNCIL
July 27, 1993
Wylie Municipal Complex
7:00 p.m.
CALL TO ORDER
INVOCATION -
PLEDGE OF ALLEGIANCE
PRESENTATION OF PLAQUES
CONSENT AGENDA
1. Consider Approval of the Minutes of Previous Meetings
2. Consider Approval of an Ordinance Disannexing a Tract of Land
at the Request of Linda Birdwell
PUBLIC HEARINGS/ACTION ITEMS
3. Appointment with Jackie Lange, J.D. Russell Co., Regarding
Development Related Requests and Take Any Necessary Action
4. P&Z 93-3-Z Hold Public Hearing and Consider Approval of an
Ordinance Amending the Comprehensive Zoning Ordinance to
Provide Pawn Shops as a Listed Use in Industrial Zoning
Categories
5. P&Z 93-5-Z Hold Public Hearing and Consider Approval of an
Ordinance Amending the Comprehensive Zoning Ordinance to
Amend the Minimum Masonry Requirements and to Provide an
SUP Process for Less than the Minimum Required Percentage
of Masonry
6. P&Z 93-6-SUP Hold Public Hearing and Consider Approval of
an Ordinance at the Request of the Wylie I.S.D. for an SUP for
Less than the Minimum Required Exterior Masonry Facade to
Allow Portable Buildings at Wylie Middle School
7. P&Z 93-7-FP Discuss and Consider Approval of a Replat
Requested by Frank Mulder for a Portion of the Meadows
STAFF REPORTS
CITIZEN PARTICIPATION
Under Article 6252-17 V.A.C.S., Citizens are Entitled to Address
Council Regarding any Issue. However Discussion must be Limited to the
Giving and Taking of Information. No Official Action may be Taken Unless
the Issue has been Duly Posted as a Part of this Agenda.
EXECUTIVE SESSIONS
8. Hold Executive Session Under Article 6252-17 V.A.C.S. to
Discuss:
(a) Personnel: Appointment to Park Board
(b) Litigation: Doyle Spurgin vs. City of Wylie
(c) Litigation: Carolyn Jones vs. City of Wylie
9. Reconvene Into Regular Session and Take Action Related to
Executive Sessions
WORKSESSION
10. Adjourn into Worksession to discuss:
(a) Bids Related to Capitol Projects
(b) Contract for Architectural Services
(c) Contract for Engineering Services
ADJOURNMENT
Posted this the rd d y of July, 1993 at 5:00 p.m.
MEMORANDUM
TO: Steve Norwood
FROM: Steve Deiter
SUBJECT: Agreement for Engineering S: ices - The Hogan Corporation
DATE: July 22, 1993
D y
I have reviewed the above referenced agreement dated the 27th day of July, 1993 and
consisting of 14 pages. Overall the agreement is not as specific and comprehensive as I would
prefer it to be. However, most of the items which would be specified if the contract was
expanded, would be items which the City would want the engineer to be doing or agree to do.
Since the contract is terminable at the will of either party the City is protected against being
stuck with engineering services which do not meet its expectation, and the engineers could be
requested to perform, or be subject to dismissal by the City.
The only overriding objection which I have to the contract is that it is absolutely devoid
of any language or terms which require a certain performance level by the engineers. Therefore
they could conceivably do very substandard work and still be entitled to full payment for the bad
work. It would also be a problem if their substandard work caused damages or liability to the
City, because the agreement, as written, does not impose upon them a duty to render services
at a level which would normally avoid a liability or damage creating situation for the City.
Therefore I would strongly recommend that the agreement be modified by the addition
of a provision stating the quality of work/services that the engineers are to provide, such as:
"Engineer's services shall be performed in a fashion as is consistent with the highest
degree of professional skill and care of engineering services prevailing in the Dallas/Ft.
Worth area."
I would also suggest the addition of a related provision stating that Engineer will
indemnify and hold City harmless for all damages resulting from their not performing the work
to the standard of care expressed in the preceding paragraph.
I would also point out the provision on page 5 paragraph (2) which generally states that
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the engineer has what amounts to NO responsibility regarding supervision of any construction
project. A paraphrase of the paragraph might be:
"The engineer can come to the construction site when its convenient for him and doesn't
have to come more than once every ten days or so, even in critical phases of
construction. When he does come, he has no duty make sure things are going according
to contract, only to try and see if everything is kind of going OK and try to protect the
Owner against defects. By no means is engineer guaranteeing that he's going to tell
contractor what to do, nor say that they have done what they were supposed to."
The effect of the paragraph has not been overstated by the paraphrase. It truly is that bad.
Practically speaking it may not be possible to get an engineer to agree to actually do
something regarding inspection and supervision. However, I would suggest that they be
requested to do a little more in this regard. This deficiency is a very significant problem in that
the usual architect contract contains roughly the same provisions, thereby creating a construction
project for which NO ONE (except the City/Owner) is responsible for supervising.
I don't have an overriding objection to entering into an agreement with this type of
provision, so long as Council and yourself realize the effect and consequence of the same.
I would also point out that most of the pricing of services under the agreement is what
amounts to their personnel cost times 2.5. The City has no way of knowing (going in) what
these personnel costs might be. Nor, for that matter, will the City have any handle on such costs
on down the road. It puts the City in a situation of having to blindly accept what ever figures
are proffered for personnel costs and opens the door for a profit minded organization to take
advantage of the City. I am not familiar with what the standard or usual pricing method for
engineering services is, for all I know the method used in the agreement is the standard. I just
wanted to point out that such a procedure will need to be monitored very closely by the City to
insure against the City's being over charged for the services.
Another concern in regard to pricing of services is the reference to the services being on
a per diem basis (see second line of paragraph A. on page 8 and third line of paragraph B. on
page 9). I think the reference here should be to "a per hour basis" rather than "a per diem
basis", as the latter usually connotes per day. If the services are charged per day, as stated,
would the City be billed for 1/8th of a day for an hours work? Or perhaps they work 10 hour
days and the bill for an hour would be 1/10th of a day. I suggest that the term be changed to
per hour.
I would again state that I would have significantly more requirements and comments on
the agreement but for the fact that it is easily terminable, thereby allowing the City to correct
any deficiencies in the services by termination or threat of termination.
cc: City Council
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City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: City Attorney DIRECTO Steve Deiter
DATE REFERENCE NO. SUBJECT
7/27/93 2 Disannexation Ordinance
SUMMARY OF SUBJECT:
Attached is the ordinance Council requested at your last meeting along with a draft
agreement for your information. Council approved the disannexation but an
ordinance is now needed.
ALTERNATIVES:
(1) Approve Ordinance
(2) Deny Ordinance
(3) Table Ordinance
ACTION REQUESTED:
Since Council hasialready taken a vote on the disannexation, we would recommend
approval of the ordinance.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • S
CAPITAL 0 RECURRING 0 OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO C.I.P.
BUDGET
MINUTES LETTER
ORDINANCE/RESOLUTION OTHER
WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
CITY MANAGER i 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 SUBMISSION TO CITY COUNCIL
`------------7----40e7I1OPYr
III
�� CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Steve Deiter
SUBJECT: Bair Property - Disannexa on
DATE: July 15, 1993
The Council voted, at its July 13, 1993 meeting, to grant the request for disannexation
of the above referenced property. Although the issue was considered and passed by a 7-0 vote
an actual disannexing ordinance was not passed, because the agenda did not provide for passage
of an ordinance (staff did not anticipate such a possibility when preparing the agenda and
attendant materials). Therefore, in order to effect its intent to disannex the property the Council
must now consider passage of a disannexing ordinance.
I have prepared and forward herewith for your consideration such an ordinance. Should
you have any questions or concerns on the ordinance please let me know.
I am also forwarding a copy of the letter which I directed to Mrs. Birdwell (Bair)
advising her that the Council voted to disannex and no longer required her to sign an agreement
but was still requesting that such an agreement be signed. A copy of the profferd agreement is
also provided for your information. I will advise the Council of her response to the request as
and when the same I receive the same.
Passage of the ordinance should conclude the Council's involvement in the matter and
preclude additional appearances on future Council agendas.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING LOT 13 OF
R.D. NEWMAN SURVEY, ABSTRACT NO. 660, COLLIN COUNTY, TEXAS AND
CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE
ACCORDINGLY; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City annexed, on an involuntary basis the following described property,
to wit:
Lot 13 of R.D. Newman Survey, Abstract No. 660, Collin County,
Texas (herein referred to as the subject property)
on or about the 13th day of May, 1986 by virtue of Ordinance No. 86-50, which was duly
passed and adopted on said date; and,
WHEREAS, the subject property has remained in the City from and after its annexation
thereto, but the City has failed to provide municipal water and sewer services to the subject
property in the seven years following its annexation and such property continues to be without
such services as of this date; and,
D
WHEREAS, Robert Bair and Linda Bair (Own i e bject property, have
requested that the same be disannexed from the City of ylie ue • the 's failure to provide
the municipal services as aforesaid; and,
WHEREAS, the Owners are not registered voters of the City of Wylie and therefore do not
have standing to petition the City, and force disannexation of the subject property, pursuant to
Section 43.141 of the Texas Local Government Code (LGC); and,
WHEREAS, the City Council finds that the subject property meets the qualifications of
Section 43.145 of the LGC in the following particulars:
a. The City has a population of 4,000 or more; and,
b. The City and the subject property are located in Collin County which has a population
of more than 205,000; and,
c. The subject property is composed of at least three contiguous acres that are
unimproved and adjoining municipal boundaries;
and therefore may be discontinued as a part of the City, pursuant to said Section 143.145; and,
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WHEREAS, the City Council has further determined that the interests of the City and its
citizens would be best served by disannexation of the subject tract;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the subject property, as hereinabove described, and designated on the plat map
attached hereto as Exhibit A, should be, and the same hereby is, disannexed from the corporate
limits of the City of Wylie, and the City's boundaries are contracted accordingly.
SECTION II
That upon adoption of this ordinance, the City Council shall enter in the minutes of the
City and Order discontinuing the area.
SECTION III
That it is the intent of this ordinance to disannex all of the aforesaid Lot 13, as the same
currently exists, and in the event the said Lot 13 has different dimensions this date that when
annexed this Ordinance shall be effective as to that property currently described as Lot 13.
SECTION IV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
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SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith, specifically including without limitation Ordinance No. 86-50 and the
territory annexed thereby, shall be unaffected by the provisions hereof except as to the subject
property as herein identified.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
day of July, 1993.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
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11:illiMMIMW
II NITE� WYLIE UNITED
_,0 METHODIST CHURCH
i
C NURC I 109 W. JEFFERSON (at Jackson) P.O. BOX 297, WYLIE, TEXAS 75098
Don H. Yeager Church Ph. (214) 442-5835
Pastor Parsonage Ph (214)442-5594
May 13 , 1993
Mary Nichols , Secretary
City of Wylie
2000 N. Hwy 78
Wylie, TX 75098
Dear Mary:
Here are the pastors who have volunteered to lead prayer
at Council meetings :
June 8 Rev. Kirk Taylor
First Baptist, Murphy
June 22 Rev. Mark Ellis
Shiloh Baptist Church
July Rev. Kirk Taylor
First Baptist, Murphy
August Rev. Dennis Pollock
True Vine Fellowship
September Rev. Anthony Pondant
St . Anthony' s Catholic Church
Sincerely,
on H. Yeager
"The Church That Cares"
City of Wylie
AGENDA COMMUNICATION
FINANCE DEPARTMENT BRADY SNELLGROVE
SUBMITTED BY: DIRECTOR:
DATE REFERENCE NO. SUBJECT
08/03/33 AUDIT SERVICES FOR FISCAL YEAR ENDING 09/30/93
SUMMARY OF SUBJECT:
The staff is recommending the audit firm of Rutledge Crain& Company be engaged(renewal)to
perform the outside audit for the Fiscal Year ending September 30, 1993. According to the bid
proposal, renewal options are subject to review by the City Council. This firm did an excellent
job for the City last year. The projected cost for all services(audit, CAFR,
copies)is$10,925.
ALTERNATIVES:
1) Engage Rutledge Crain& Company for the 1993 audit.
2) Solicit bids for a new audit firm.
ACTION REQUESTED:
utnionze the City Manager to sign the attached audit engagement letter from Rutledge,
Crain&Company, which is for the Fiscal Year ending 09/30/93.
MEMORANDUM
DATE: August 9, 1993
TO: Steve Norwood, City Manager
FROM: Brady Snellgrove, Finance Director
SUBJECT: Audit Services for Fiscal Year Ending September 30, 1993
The City of Wylie selected Rutledge Crain & Company, PC (Auditors)
as our outside independent auditors starting with the Fiscal Year
1990-91. The bid proposal specified that the engagement is subject
to renewal for up to three additional years, based on review by the
City Council of the firm's performance and projected costs. The
Finance staff is pleased with the quality of the work performed and
the excellent working relationship with the Auditors. It is my
recommendation that the City engage Rutledge Crain & Company for
the Fiscal Year ending September 30, 1993. Listed below is a
schedule of the proposed audit fees.
1993 Proposed 1992 Actual
Audit Fee $ 8,900.00 $ 8,775.00
CAFR Preparation 1,575.00 1,500.00
CAFR Copies (50) 450.00 450.00
TOTAL $10,925.00 $10,725.00
Enclosed is a copy of the audit engagement letter from Rutledge,
Crain & Company.