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08-24-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL August 24, 1993 7:00 P.M. MUNICIPAL COMPLEX CALL TO ORDER INVOCATION - PLEDGE OF ALLEGIANCE CONSENT AGENDA 1 . Consider Approval of Minutes of Past Meetings 2. Consider Approval of a Resolution Expressing Appreciation to the Vocal Majority for their Performance on Behalf of Tornado Recovery Volunteers ACTION ITEMS 3. Discuss and Consider Approval of a Letter of Engagement for 1992- 1993 Audit Services 4. Discuss Development of an Ordinance Related to the Issuance of Permits and Indebtedness to the City and Take Any Necessary Action 5. Discuss Current Off-Street Parking Requirements of the Comprehensive Zoning Ordinance and Take Any Necessary Action 6. Consider Approval of Payment to RBI related to Landfill Closure STAFF REPORTSric:, '` c,6- CITIZEN PARTICIPATION `t zige". '— ADJOURNMENT ( `ft" -vtec41. l/eteeWo Posted this the 20th day of August, 1993 at 5:00 p.m. MINUTES OF THE WYLIE CITY COUNCIL July 29, 1993 CALL TO ORDER 5 Mayor John W. Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Bud Naish, Ortie Messenger, and John Mondy. Reta Allen and Steve Wright were absent. 10 AWARD OF BID FOR GRAVITY SEWER MAIN ACROSS NTMWD PLANT SITE AND 8 INCH SANITARY SEWER MAIN AND 8 INCH WATER MAIN IMPROVEMENTS Council considered a recommendation by the City Manager to award to bid to the low bidder, Dual Construction, as indicated by the bid tabulation: 15 No. Bidder Package A Package B Total Bid Price 1 Dual Construction Co. 260,213.00 97,216.00 $357,429.00 Texarkana, Texas 2 Dowager Construction Co. 215,817.00 159,870.00 $375,687.00 Dallas, Texas 3 Martin K. Eby Construction Co. 275,027.00 135,077.00 $410,104.00 Bedford, Texas 20 4 Moss construction Co. 370,671.50 132,370.00 $503,041.50 Piano, Texas Swartz made a motion to award the bid to Dual Construction. Messenger seconded the motion. The motion was voted on and passed unanimously. 25 APPOINTMENT OF HOGAN CORPORATION FOR CONTRACT ENGINEERING SERVICES City Manager Steve Norwood recommended contracting with Hogan Corporation as the City's engineering firm. Upon motion by Naish and second by Mondy, Hogan 30 Corporation was unanimously approved as the engineering firm for the City of Wylie with a formal agreement to be considered at a later meeting. CONTRACT FOR ARCHITECTURAL SERVICES RELATED TO CITY SERVICE CENTER 35 Norwood recommended that Council appoint the firm of Hatfield & Crookless to prepare the preliminary design and plans for a city service center at a total contract price not to exceed $5,000. Upon motion made by Messenger and seconded by Swartz, 1 Hatfield & Crookless was unanimously appointed with a maximum fee of $5,000 unless otherwise approved by Council. - 40 ORDINANCE 93-33 AMENDING/MAKING CORRECTIONS TO SUBDIVISION REGULATIONS Norwood explained that the regulations being adopted were those that Council 45 had previously received and contained only clarification and technical corrections, but represented no change in intent from the regulations adopted in March, 1993. Naish made a motion to approve the ordinance. Messenger seconded the motion. The motion was voted on and passed unanimously. 50 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,AMENDING CHAPTER 9 SUBDIVISIONS, OF THE WYLIE CITY CODE, BY ADOPTING AN AMENDED VERSION OF THE SUBDIVISION REGULATIONS, AS HERETOFORE ADOPTED BY ORDINANCE 93-20; REPEALING ORDINANCE 93-20 AND ALL CONFLICTING ORDINANCE; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE 55 DATE ADJOURNMENT As there was no further business to come before the Council for consideration, 60 the meeting adjourned. APPROVED 65 ATTEST 2 MINUTES OF THE WYLIE CITY COUNCIL July 27, 1993 CALL TO ORDER Mayor John W. Akin called the meeting to order with the following Councilmembers present: Reta Allen, Jim Swartz, John Mondy, Ortie Messenger, and Bud Naish. Steve Wright was absent. 5 CONSENT AGENDA Council considered approval of the Consent Agenda which consisted of the following items: (1) the minutes of July 13 and July 20 (2) Ordinance 93-35 disannexing a tract of land at the request of Linda Birdwell 10 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 ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN 15 EFFECTIVE DATE Upon the reading of the ordinance caption, Swartz made a motion to approve the Consent Agenda. Allen seconded the motion. The motion was voted on and passed unanimously. DEVELOPMENT REQUESTS FROM JACKIE LANGE OF J.D.RUSSELL COMPANY 20 Jackie Lange explained that the J.D. Russell Company, in Wylie for ten years, was moving to a 52 acre tract of land in the Regency/Hooper area. She stated that the company which makes steel landscape edging and road expansion joints would occupy 12 acres and use the remaining property for a future industrial park. Lange made the following requests related to the development: 25 (1) Tax abatement of 50% on an estimated $3075/year (2) Reduction of impact fees from $15,000 to $12,000 (3) Repair or reconstruction of Regency Road (4) Improvement of pump station at Steel and Hooper from 1200 gallon capacity to 1800 gallon capacity 30 (5) Installation of water/sewer lines along new road to be constructed when Phase II development begins 1 City Manager Steve Norwood explained that while the water supply was inefficient, it was not inadequate. He stated that an upgrade would need to be discussed in the next 24 months, but the issue was not critical. He stated that tax abatement guidelines 35 were in place and that no formal policy existed regarding other incentives like the requested reduction in impact fees. He added that to improve Regency Road to a concrete street with curb and gutter would cost an estimated $200,000. Council took Lange's requests under advisement. PUBLIC HEARING AND ORDINANCE NO. 93-36 AMENDING THE COMPREHENSIVE 40 ZONING ORDINANCE TO LIST PAWN SHOPS AS AN APPROVED USE IN INDUSTRIAL ZONING The Mayor opened a public hearing and as there was no one present wishing to address this issue, the public hearing was closed. Norwood explained that currently "LL pawn shops were not listed as an approved us in any category and pawn shops were 45 allowed in any standard "Commercial" classification. He stated that the ordinance proposed reflected the recommendation of the Planning and Zoning Commission to allow pawn shops in an Industrial category only. Naish made a motion to approve the ordinance. Swartz seconded the motion. The motion was voted on and passed unanimously. 50 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY ADDING 'PAWN SHOP' AS ONE OF THE PERMITTED USES IN THE INDUSTRIAL ZONING CLASSIFICATION; AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING _ 55 ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE PUBLIC HEARING AND ORDINANCE NO. 93-37 AMENDING COMPREHENSIVE ZONING ORDINANCE TO AMEND THE MINIMUM MASONRY REQUIREMENTS AND TO PROVIDE A SPECIFIC USE PERMIT PROCESS FOR LESS THAN 75% MASONRY 60 FACADE Mayor Akin opened the public hearing and as there was no one present wanting to address this issue, the public hearing was closed. Norwood explained that the proposed amendment would (1) increase the masonry requirement from 75% overall and 50% on any single wall to 75% overall and 75% on any single wall. Naish made a motion 65 to approve the ordinance. Messenger seconded the motion. Upon the Mayor reading the ordinance caption, the motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY AMENDING THE SECTION RELATING TO 70 CONSTRUCTION STANDARDS FOR EXTERIOR WALLS, BY ALLOWING NON-COMPLIANCE WITH SUCH EXTERIOR WALL CONSTRUCTIONS STANDARDS WITH SPECIFIC USE 2 PERMITS; REPEALING ALL CONFLICTING ORDINANCE;CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE PUBLIC HEARING AND ORDINANCE NO. 93-38 APPROVING SUP FOR LESS THAN 75 75% EXTERIOR MASONRY FACADE AT THE WYLIE MIDDLE SCHOOL FOR PORTABLE BUILDINGS The Mayor opened the public hearing and as there was no one present wishing to address this issue, the public hearing was closed. Swartz made a motion to approve the ordinance. Mondy seconded the motion. Upon the reading of the caption, the 80 motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AUTHORIZING A SPECIAL USE PERMIT FOR WYLIE MIDDLE SCHOOL IN REGARD TO MINIMUM MASONRY REQUIREMENTS FOR PORTABLE CLASSROOM STRUCTURES; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND 85 PROVIDING FOR AN EFFECTIVE DATE REPLAT FOR PORTION OF THE MEADOWS REQUESTED BY FRANK MULDER Norwood explained that the Planning and Zoning Commission had recommended approval of a request from Frank Mulder to replat one lot into two separate lots at the corner of Ballard and Stone streets. Messenger made a motion to approve the replat. 90 Swartz seconded the motion. The motion was voted on and passed unanimously. STAFF REPORT City Manager Steve Norwood updated Council on the status of high water bill complaints and discussed the upcoming Comprehensive Plan worksession. CITIZEN PARTICIPATION 95 Lynn Curtis, 309 Woodhollow Court, requested Council to provide twice per week garbage pickup and complained that with triplet babies, once per week was insufficient for her. She also complained that the alley behind Woodhollow Court needed speed bumps and something to block the cars from going around the bumps. Norwood stated that dome posts with reflective paint were being installed. 100 EXECUTIVE SESSION Council adjourned into executive session at 8:00 p.m. under Article 6252-17 V.A.C.S. to discuss: (a) Personnel: Appointment to Park Board (b) Litigation: Doyle Spurgin vs. City of Wylie 3 105 (c) Litigation: Carolyn Jones vs. City of Wylie Upon reconvening into regular session at 8:35 p.m., Allen made a motion to appoint Janice Neely to the Park Board. Mondy seconded the motion. The motion was voted on and passed unanimously. Naish made a motion to deny the claim submitted by Doyle Spurgin. Messenger 110 seconded the motion. The motion was voted on and passed unanimously. Mondy made a motion to deny the claim for compensation time by Carolyn Jones, former City Secretary. Swartz seconded the motion. The motion was voted on and _.... passed unanimously. WORKSESSION 115 Council adjourned into a worksession to discuss the following items scheduled for action at a future meeting: (a) Bids Related to Capitol Projects (b) Contract for Architectural Services (c) Contract for Engineering Services 120 Norwood also updated Council on the anticipated effective tax rate to be calculated. No official action was taken during the worksession. ADJOURNMENT As there was no further business to come before the Council for consideration, the meeting adjourned at 10:00 p.m. 125 _.. APPROVED ATTEST City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 8/24/93 2 Resolution Expressing Appreciation to Vocal Majority SUMMARY OF SUBJECT: Attached is a resolution expressing gratitude to the Vocal Majority for their donation of a performance for our tornado recovery volunteers and Wylie citizens. Since we cannot afford to pay their standard $10,000 fee for a performance, a resolution and/or plaque seems like an appropriate form of recognition. iALTERNATIVES: (1) Approve Resolution (2) Deny Resolution (3) Table Resolution ACTION REQUESTED: City staff would naturally request that Council approve the resolution. • RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, EXPRESSING GRATITUDE TO THE VOCAL MAJORITY MEN'S BARBERSHOP CHORUS FOR THEIR CONTRIBUTION TO OUR COMMUNITY FOR THE BENEFIT OF TORNADO RECOVERY VOLUNTEERS AND RESIDENTS AND BUSINESSES OF THE COMMUNITY WHEREAS, the Vocal Majority is the name of the performing chorus of the Dallas Metropolitan Chapter of the Barbershop Harmony Society, and WHEREAS, the Vocal Majority is a non-profit organization made of approximately 190 award winning performers, and WHEREAS, the Vocal Majority has won the Barbershop Harmony Society's "Best in the World" competition six times - virtually every time they have competed, and WHEREAS, the Vocal Majority is a highly sought performing group who have performed before the presidents of the United States on eight different occasions, and WHEREAS, at much expense to their non-profit organization, the Vocal Majority conducted a performance in the City of Wylie on August 14, 1993 for the benefit of all the tornado recovery volunteers, Wylie businesses, employees, and Wylie residents NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT Section 1. The City of Wylie does hereby express its heartfelt appreciation to the Vocal Majority for their contribution to our community and their selfless performance for the benefit of all of those people who were involved in the tornado recovery efforts. Section 2. Each member of the Vocal Majority men's chorus who performed in the City of Wylie on the night of August 14, 1993 is hereby named and shall always be an HONORARY CITIZEN OF THE CITY OF WYLIE, TEXAS and all citizens, businesses, and employees of Wylie as well as all tornado recovery volunteers are hereby encouraged to express their gratitude to the chorus for their selfless contribution to our community. DULY PASSED AND APPROVED THIS THE 24TH DAY OF AUGUST, 1993. APPROVED ATTEST City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Director DIRECTOR: Brady Sneligrove DATE REFERENCE NO. SUBJECT 8/24/93 3 Audit Engagement Letter SUMMARY OF SUBJECT: It's time again to contract with an auditing firm to do the Comprehensive Annual - Financial Report. We were pleased with Rutledge & Crain this past year and would recommend that we continue using this firm since they have already established their base information and are familiar with our operation. ALTERNATIVES: • (1) Accept Engagement Letter - (2) Deny Engagement Letter (3) Table Engagement Letter ACTION REQUESTED: City staff would recommends that Council accept Rutlege and Crain-as our auditing firm for this fiscal year. RUTLEDGE CRAIN & COMPANY, PC CERTIFIED PUBLIC ACCOUNTANTS 1601 E. Lamar,Suite 109 Arlington,Texas 76011 Metro(817)265-9989 Fax(817)861-9623 August 17, 1993 City of Wylie do Mr. Brady E. Snellgrove, Director of Finance 2000 Hwy. 78N. Wylie, Texas 75098 We are pleased to confirm our understanding of the services we are to provide for the City of Wylie, Texas for the year ended September 30, 1993. We will audit the general purpose financial statements of the City of Wylie, Texas as of and for the year ended September 30, 1993. Our audit will be made in accordance with generally accepted auditing standards and will include tests of the accounting records of the City of Wylie, Texas and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. We understand that your employees will prepare all confirmations we request and will locate any invoices selected by us for testing. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we Members: Christian A.Rutledge,CPA American Institute of Certified Public Accountants Lewis Crain,CPA Texas Society of Certified Public Accountants believe management practices can be improved, we will communicate them to you in a separate letter. We expect to follow the work schedule as detailed in our proposal dated August 28, 1991 (adjusted for dates in current year). We will observe the requirements of the City's RFP entitled General Conditions - Scope of Audit and the Proposed Fee and Term subsections of Instructions for Submitting Proposal. Our fees for these services will be based on the actual time spent at our standard hourly rates for audit engagements, plus out-of-pocket costs such as typing and postage, etc. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Based on our preliminary estimates, the fee should approximate $8,775. If the City elects to engage us to assist in the preparation of the City's CAFR, our additional fees will be approximately $1,550 for preparation of the Introductory and Statistical sections and $450 for 50 bound copies of the CAFR. This estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional cost. We appreciate the opportunity to be service to the City of Wylie, Texas and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 8/24/93 4 Permits and Indebtedness to City SUMMARY OF SUBJECT: We're experiencing a problem with builders who continue to obtain building permits but don't take care of taxes owed on other properties. The staff is suggesting that we consider developing an ordinance that prohibits issuance of any kind of city generated permit to a business or individual who owes back taxes to the city. We are seeking Council's direction on such an ordinance. This has been done in other cities, but is unpleasant to enforce. Council would likely receive complaints. • ALTERNATIVES: (1) Instruct staff to draft ordinance modeled after other cities already enforcing such a requirement (2) Take no action (3) Direct staff to take other action Council deems appropriate _6? ACTION REQUESTED: .� f � 717,e ( f1Q City staff has no specific recommendation but is suggesting this as a possible I mechanism for collection of back taxes and a method of enforcement to a builder who is likely to not pay taxes on the building we are permitting. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 8/24/93 5 Off-Street Parking Requirements SUMMARY OF SUBJECT: As Council is aware, many complaints are being reported regarding the enclosure of garages which violates a Zoning Ordinance requirement for two covered and enclosed parking spaces. Staff needs direction on enforcement of the current .- requirement. We can stop enclosures in progress, but how does Council want complaints on neighbors enforced. Should each one be required to go before Board of Adjustments or just those we catch in progress? Do we require them to tear out the enclosure if Board of Adjustments denies it? Does Council want the ordinance changed? ALTERNATIVES: (1) Instruct staff on how Council wants to enforce the off-street parking requirements a,Y. (2) Take no action (3) Direct Planning and Zoning to hold public hearings to consider amending the ordinance ACTION REQUESTED: j City staff has no,specific recommendation but is requesting direction from the City Council. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Attorney DIRECTOR: Steve Deiter DATE REFERENCE NO. SUBJECT • 8/24/93 6 Payment to RBI for Landfill SUMMARY OF SUBJECT: As Council is aware, the contractor responsible for the landfill closure never complete the job as they were unable to establish and maintain grass coverage. RBI took action t repair eroded areas but did not maintain the grass or re-seed. City crews have been used instead and have expended approximately $8100 excluding labor. Per the memo attached, we are suggesting that we refund RBI only $3500 of their $11 ,843.02 to cover our expenses. A more detailed explanation of our proposal is attached. ALTERNATIVES: a* (1) Instruct staff to pay RBI $3500 for completion of landfill closure. .• (2) Deny Payment due to inability to maintain grass in accordance with contract terms (3) Table Action ACTION REQUESTED: City staff is recommending payment of $3500 and retaining of balance for reimbursement of_city expenses. MEMORANDUM TO: City Council ephie FROM: Steve Deiter ��� SUBJECT: Final Payment of ' . •dall & Blake, Inc. (RBI) - Landfill Closure DATE: August 19, 1993 RBI was the contra s r responsible for closure of the City Landfill in accordance with State approved standards. Al s ough they substantially finished the job it was never completed, as they were not able to estab 'sh and maintain a grass cover in accordance with the contract terms. As a result of the lack of cover erosion occurred over this past winter which had to be replaced. With the help of City crews this spring RBI did take remedial action to repair the eroded areas. However, in spite of the City repeated requests they did not timely mow and maintain the existing grass nor take efforts to plant grass in those areas which needed re-seeding. Inasmuch as the City was under the watchful eye of the state regulators it is imperative that the ground cover be sufficiently established as soon as possible. The City advised RBI of such fact and they still failed to take any timely action. As a result of their continued inaction the City crews were utilized to mow, reseed, fertilize, and water the grounds. As a consequence of their failure the City had to expend the following: -Seed $2,200 -Fertilizer $400 -Rental of Irrigation Pipe $5,500 for a total of$8,100 not including labor. The City is holding $11,843.02 as retainage under the contract. I suggested to RBI (see letter of July 16, 1993) that they be paid one-half of the retainage and the City would keep the balance for the work it had to complete. This amount was determined in consultation with the City Manger and Jack Jones and seemed to be fair at the time. However due to the drought and expense of the irrigation pipe the City has incurred more cost than anticipated. Jack Jones is recommending paying RBI $3,500 rather that half of the balance which would be approximately $5,921.50. :_s 1 Staff if requesting Council determine the amount of compensation to be paid and authorize settlement of the contract with RBI on payment of such amount (see attached Settlement Agreement). Jack Jones will be available at the meeting on Tuesday. Should you require further information or background prior to the meeting please advise. 2 r 0,114 r le CITY OF' VVYI...IE 2000 HWY.78N.-P.O.BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 July 16, 1993 Mr. Donnie Hunt 0 o Randall & Blake C 821 E. Southlake Blvd. South\lake, Texas 76092 VIA FACSIMILE 817/488-2509 AND REGULAR MAIL Re: Wylie Municipal Landfill Contract Dear Mr. Hunt: The City acknowledges your company's recent effort in taking the erosion control work required on the above referenced project. However your efforts in that regard constitute compliance with only three of the five items identified in the City Manager's letter to you dated June 1, 1993. The items yet to be fulfilled are the continued mowing (item no. 1) and reseedings and establishment of grass (item no. 5). Unfortunately this non-compliance is not the first time, but the last of many such incidences, when you have given assurances of performance but not followed through or only partially fulfilled the assurances. The most recent example being when Jack Jones contacted your office earlier this week(Monday or Tuesday)concerning action on the mowing and seeding and was advised by Larry Coburn that you would get back to him. No response was forthcoming in spite of the fact that Jack advised Mr. Coburn that a state inspector was to be on the site today and it needed to be mowed prior to the inspection. Landfill closures are heavily scrutinized by the environmental agencies and the City can ill afford to continue with delayed and incomplete efforts to establish cover for the landfill. Consequently the City will perform further mowmgs and take responsibility for required reseedmgs. Mr. Donnie Hunt July 16, 1993 page two The City will be processing payment for one half of the contract balance and you will receive payment within 30 days. The remaining one-half will be permanently retained and used by the City to complete the mowing, seeding, fertilizing, and watering necessary to establish sufficient ground cover. Shouldryou have further questions or concerns on the matter please contact either Steve Norwood or Jack Jones. Thank you for your attention herein. Sincerely • en P. iter ty Att ey SPD:sd cc: Steve Norwood Jack Jones Duane C. Helmberger let iie CITY OF WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214-442.2236 June 1, 1993 Mr. Donnie Hunt, Texas Division Randall and Blake, Inc. 821 E. Southlake Boulevard Southlake, Texas 76092 Re: Wylie Municipal Landfill Closure Dear Mr. Hunt: This letter is a summary of items discussed when Jack Jones, . Director of Public Works and Mr. Duane Helmberger, Helmberger Associates, Inc. met with you at the landfill on 28 May 1993 . In order to complete your contract, the following work is required. Upon satisfactory completion of these items the City of Wylie will process a final payment, terminate your contract, and assume responsibility for continued maintenance of the landfill. Item No 1: Mow the entire landfill to a height no greater than 4-5 inches. When complete, there will be no visible grass taller than 4-5 inches. Re-mow as required to keep the entire landfill clean-cut until 1 August, 1993 or until bermuda grass is accepted by the City of Wylie. Item No. 2 : After clean mowing, repair all visible erosion using materials with the same characteristics and in the same vertical cross section as the cap material originally placed. Item No. 3 : Install sediment traps sufficient to prevent further erosion. Straw bales or erosion netting may be used in all areas except along the west property line, where a continuous _ line of straw bales is required (generally speaking, this is the area from about 4N to 11N) . If bales are used in other areas, they are to be placed at a maximum spacing of 50 ' where severe erosion has occurred and at a maximum spacing of 75 ' in all other areas requiring repair. The bales will be placed with their sides to the ground and will be anchored to prevent movement. A double line of bales will be used to span the lowest point or area where runoff velocity is expected to be greatest. Bales will be extended laterally a distance sufficient to prevent flanking. If erosion netting is used, it is to be anchored to industry standards and carried a sufficient distance in a lateral direc- tion from each side of the low point in the swale to prevent flanking. • Randall & Blake, Inc. June 1, 1993 Page 2 • Item No. 4 : Where bales are used to control channel erosion, sod will be used to facilitate the establishment of grass as quickly as possible. Item No. 5: Re-seed and fertilize all repaired areas and the SW quadrant of the landfill. The exact area in the SW quadrant can only be determined after mowing the tall rye grass cover which presently exists. The exact area will be determined by the City and RBI after the mowing has been completed. We look forward to an expeditious completion of the contract. Sincerely, CITY OF WYLIE Ste en PPor City ManagerNo cc: Mr. Jack Jones, Director of Public Works, City o Wylie Mr. Steve Dieter, Attorney, City of Wylie Mr. Duane C. Helmberger, Helmberger Associates, Inc. 4L4 HELMBERGER ASSOCIATES, INC. CIVIL ENGINEERING CONSTRUCTION MANAGEMENT ENVIRONMENTAL ENGINEERING April 23 , 1993 PN #9314 Mr. Steve Norwood, City Manager City of Wylie 2000 Highway 78 North P.O. Box 428 Wylie, Texas 75098 Re: Need for Storm Water Pollution Prevention Plan (SPPP) for City of Wylie closed landfill. Dear Mr. Norwood: As you requested, I have completed an inspection of the land- fill to provide you with the information needed to decide whether the City should write a SPPP for control of stormwater borne pollutants from the landfill or if the site should be managed as specified in the closure plan. Mr. Jack Jones accompanied me on a detailed walk over of the site this morning. We found the cover material to be badly eroded in numerous areas where stormwater has channelized. In some of these areas the trash has been exposed. Tall weeds and rye grass are a detriment to the establishment of the bermuda which only partly covers the landfill and there are very few straw bales acting as sediment traps as specified in the closure plan. We found no properly installed sediment traps but numerous areas where they should be in place. Major erosion has also occurred in the ditch along Alanis Road. While this ditch does not pass through the landfill prop- er, continued erosion may threaten the integrity of the northern- - most portion ' of the cap; therefore, further degradation in this area should also be controlled. We looked carefully for seeps entering the tributary to Muddy Creek to the west of the landfill. Although we found several wet spots which are evidence of seeps, we found none actively dis- - charging to the creek. You will recall that control of seeps was a primary concern of the TWC during their final inspections and such are to be strictly controlled as a part of post-closure monitoring effort. It is my opinion that there is no need to manage the landfill using both the post-closure program and a SPPP. It is current Region VI EPA policy that a properly maintained post-closure monitoring program negates the need for a SPPP. Implicit in this 124 HOOPER ROAD • WYLIE,TEXAS 75098 • 214/442-7459 City of Wylie April 23 , 1993 Page 2 policy, however1 is the understanding that all pollutants which could discharge''`to "waters if the United States" are otherwise controlled. The State has no NPDES permit program, per se, so they will expect the landfill to be managed as per the closure plan. .o- Our recommendation is that the City hasten to correct defi- ciencies which exist, to take whatever additional steps may be necessary to preclude seeps or sediment from entering the creek, and submit a Notice of Termination (NOT) of compliance with the General Permit to the EPA. Items which need to be taken care of immediately include: (1) mowing to prevent the permanent bermuda grass from dying from lack of sunshine, (2) light disking and re-seeding with bermuda now and as often as necessary to establish permanent turf, (3) filling all eroded areas with clay material and topsoil (upper 6") with the same engineering properties as the existing capping materials, and (4) installation of adequate straw bale sediment traps at all areas subject to erosion and where runoff exits the landfill. In addition the City would be well advised to begin a program of regular inspection and correction to insure that the terms of the closure plan are complied with on a continuing basis. Failing the above, the City is required to comply with the General Permit, i.e. , to manage the landfill runoff under the terms of a formulated SPPP. Please note that the objective of a formulated SPPP is identical to that of the existing closure plan. w,. Helmberger .Associates would welcome the opportunity to assist in designing corrective actions or in writing the SPPP. We look forward to continuing this effort for the City. If you have any questions, or if additional information is needed, please call me. Sincerely, HELMBERGER ASSOCIATES, INC. Duane e 'elmb- ger, P. E. President' ' cc: Jack Jones, Director of Public Works L9314-1 City of Wylie• AGENDA COMMUNICATION Paul Beaver Engineering ` 4 ' SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 12/3/92 Randall & Blake, Inc. • Pay Request No. 8 Wylie Landfill Closure SUMMARY OF SUBJECT: Attached is Pay Request from . Randall & Blake, Inc. in the amount of $9, 474. 42 for release of retainage on their outstanding landfill closure contract. This is a request for a reduction of retainage from 5% to 1%. Please note that the remaining 20% of bermuda grass coverage would be accomplished during the spring of 1993. • ALTERNATIVES: 1 . Retain the existing 5% amount ($11, 843. 02) which is based upon the total amount of the project accomplished to date ( $238, 880. 38) . 2. Reduce the retainage to 1% ($2, 368. 60) and rely on the Contractor to fulfill his obligation to plant the remaining 20% bermuda grass in the spring of 1993 ($4, 040 of work) . ACTION REQUESTED: Referring to the TWC letter of November 23, 1992 (see attached) , the State placed emphasis on City post-closure maintenance in order to avoid possible erosion problems or land subsidence. Consequently, the importance of a thorough -grass stand cannot -be- over emphasized. Therefore, Alternative 1 which maintains 5% retainage is recommended and will assure $/1, 843.02 is ;available to -complete _the 20% non-bermuda covered area plus any bermuda areas that do not survive an extremely cold winter. SETTLEMENT AND RELEASE RELEASE agreement made this day of August, 1993, by Randall & Blake, Inc, of 821 E. Southlake Blvd., Southlake, Texas 76092 (RBI) and the City of Wylie, Texas (City). WITNESSETH: WHEREAS, the RBI is CONTRACTOR and City is OWNER under that certain agreement for closure of City's landfill, a copy of such contract being attached hereto as Exhibit A and fully incorporated herein by reference (Contract); and, WHEREAS, RBI substantially completed its duties under the Contract but there remain certain areas which are not complete as of this date, specifically including, without limitation the following: -Establishment of satisfactory stand of Bermuda grass -Failure to keep the site mowed and maintained -Failure to timely maintain erosion control on the site and the parties disagree as to the extent and existence of such failure, as well as City's damages therefore and RBI's right to payment of the remaining sums of the contract price; and, WHEREAS, City is currently holding the sum of$11,843.02(Balance)as retainage under the contract; and, WHEREAS, parties desire to mutually suspend further work and terminate the contract pursuant to Article 15 thereof, and provide for compromise of the balance of the work and distribution of the amounts retained by the City; NOW, THEREFORE, in consideration of the above premises and in further consideration of the terms hereinafter set forth the parties hereby agree as follows: 1. The parties agree that all work under the Contract is hereby suspended and the contract is terminated, provided however that such termination shall not relieve RBI of liability for defective work appearing after the date hereof, or from failure to comply with the Contract Documents or any special guarantees specified, and RBI responsibility to City shall be the same as if the contract had been fully completed, except as to the requirement of completing the work not heretofore completed. 2. The parties agree that the City shall pay to RBI upon the execution of the agreement the sum of$ , which is agreed upon as the amount of the less the City's estimated cost of completing the work required under the contract. 3. Both parties waive any formal notice required under the Contract which might be required to terminate the contract and enter into a compromise and settlement agreement. 4. The terms hereof are contractual and not merely recitals and that the agreements herein contained and the consideration transferred is to compromise a disputed claim relative to the contract and that no payment made nor releases or other consideration given shall be construed as an admission of liability. 5. Each party represents that they have read the agreement and are fully aware of its content and effect. 6. This agreement, including the Contract made a part hereof, contains the entire agreement between the Parties; and there are no oral understandings, statements, promises, or inducements relating to the subject matter of this agreement, other than those herein contained. 7. This agreement shall be governed by, construed, and enforced in accordance with and subject to the laws of the State of Texas. 8. This agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. 9. The terms and provisions hereof shall be binding upon and inure to the benefit of each of the parties and their respective successors, representatives, and assigns. 10. Each party represents that the person or persons executing this agreement on behalf of the respective parties has been duly authorized to execute such agreement, and that their signature(s) is binding upon the respective entities hereto. IN WITNESS WHEREOF, the parties have set their hands on this day of August, 1993. CITY OF WYLIE, TEXAS RANDALL & BLAKEY By By John W.. Akin Mayor Attest: Mary Nichols City Secretary