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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 1 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 2 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. 1 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, 1 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. 2 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 3 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.