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11-27-1990 (City Council) Agenda Packet Posted: Nov. 21, 1990 Time: 4:00 PM AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, NOVEMBER 27, 1990 7:00 P.M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH WYLIE, TEXAS 75098 CALL TO ORDER INVOCATION - REV. MONA BAILEY PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-9 Discuss and Consider Becoming Member of the Dallas Regional Mobility Coalition. 2 10-11 Discuss and Consider an Agreement and Memorandum of Understanding Between City of Wylie and Private Property Owner on Akin Lane for the Realignment and Reconstruction of Akin Lane. 3 12 Discuss and Consider Reconstruction of Akin Lane from Masters to Stone Road, approximately one (1) mile of Total reconstruction. 4 13-30 Discuss and Consider Report on Delinquent and Bankrupt Cases Involving Non-Payment of Ad-Valorem Taxes to City of Wylie. 5 31-33 Discuss and Consider Repealing Community Park Fund and Elimination of Voluntary Assessment off City Utility Bills. 6 34-37 Discuss and Consider Action Plan for Construction of National Guard Armory and City of Wylie Involvement as far as Financial Aid and Regulatory Fee Requirements. 7 38-39 Discuss and Consider Gasoline Storage Tank at Service Center and Possible Relocation or Replacement of Tanks and Service Center Location. CONSENT AGENDA The following items are to be considered as one item. The Council may move, by motion and second, to approve or reject all items contained within. Any Council member may request that an item or items be pulled from the Consent Agenda and considered separately. If such a request is made, those items will occur in numerical order immediately following the vote on the Consent Agenda. 8 40 Discuss and Consider Accepting Easement on McCreary Road from the Resolution Trust Corp- oration of the U. S. Government. 41-43 Discuss and Consider Acceptance of Right-of-Way Easement from North Texas Municipal Water District for the Reconstruction of Brown Street. 44 Discuss and Consider Scheduled City Council Meeting on December 25, 1990. 45 Discuss and Consider Acceptance of Final Plat for Martinez Addition, Phase II. 2 ORDER OF PAGE BUSINESS REFERENCE BUSINESS PUBLIC HEARINGS & PUBLIC READING OF ORDINANCES 9 46-47 Conduct Public Hearing for the Purpose of Declaring Public Nuisance on Weed Lots throughout the City and Authorize Abatement of Public Nuisance. 10 Consider authorization to receive quotes on contract to clear weed lots as discussed in Item No. 9. 11 48-53 Conduct Public Hearing for the Purpose of Zoning from Agriculture Usage to Planned Unit Development as Requested by Investors Network International. 12 54-56 Consider approval of Ordinance establishing Planned Unit Development zoning on property described as being located in the E. C. Davidson Survey, Abstract 266 and being part of a 30 acre tract of land, as recorded in Volume 671, page 720 of the Collin County Deed Records. NEW BUSINESS 13 57-58 Discuss and Consider Approval of Preliminary Plat for Oakridge Addition. 14 59 Discuss and Consider Final Acceptance for the Use of Newly Constructed Muddy Creek Interceptor Sewer Line in Order to Eliminate Two (2) Pump and Haul Locations and Activate One (1) Year Maintenance Bond. 15 60-62 Discuss and Consider Cable TV Franchise Compliance with City Ordinances, and Franchise Conmittments and Discuss TCI Cablevision of Texas Rate Increase Notification and Non-Compliance with Franchise Ordinance on Sixty (60) Day Notification. 16 63 Discuss and Consider awarding of competitive bid on three (3) new Police Patrol Units in accordance with the FY 90-91 Budget. 17 64-77 Discuss and Consider Monthly Financial Report. OLD BUSINESS 18 78 Discuss and Consider Final Report on Reconstruction Costs for Cottonbelt Street. 19 79 Discuss and Consider Systematic Schedule to Remove and Eliminate the Unfunded Liability of all Compensatory Time Accruals of Department Heads. APPROVAL OF PURCHASE/PAYMENT 20 80-82 Discuss and Consider Payment of claim to Shipley & Inhofe, City Legal Counsel on Environmental Issue. 3 ORDER OF PAGE BUSINESS REFERENCE BUSINESS CITIZEN PARTICIPATION 21 In accordance with the Open Meeting Act, the City Council will hear conments of public interest, but any discussion shall be limited to placing the item on a future agenda for further consideration. Persons wishing to speak ,before Council should adhere to the following procedure: Limit remarks to a maximum of five (5) minutes per citizen. 22 ADJOURN MEETING NOTICE OF REGULAR MEETING Notice is hereby given that the governing body of the City of Wylie will meet at 7 :00 P. M. on the f7 day of , 19962 , in the Council Chambers of the Municipal Complex at 2000 Hwy. 78 North in the City of Wylie, Texas, for the purpose of considering the attached agenda . Caroly one ity Secretary POSTED THIS THE 4/ DAY OF A/1 2%.� . 199D , AT 1/op/�M. MEMORANDUM DATE: November 19 , 1990 TO: Mayor and City Council // //++ FROM: Bill Dashner , City Manage 7;L 4-__ RE: Discuss and Consider Be ming a Member of the Dallas Regional Mobility Coalition Sometime ago David Griffin, Executive Director of DRMC discussed the possibility of Wylie joining the transportation organization. I told David it would help Wylie a great deal in bringing about the completion of State Highway 544 and 78 . David will also be available to the City to help us in Austin on any transportation problems we might have. Wylie is about the last Metroplex City to join . The membership fee is $910 annually. I think it would be money well spent . Attachment : Interlocal Agreement / DALLAS REGIONAL 12655 N.Central lixpwy. Suite 14211 D MOBILITY COALITION 2I4/ 01e721 (FAxas � t•t�•l(al•�1.t.tK '_'14/404.9721 (FAX) Executive Cumming Lee F.Jackson.Chainnan July 13 , 1990 Jem Banos,Vice Chainnan Grady Smithey.Secretary Jack Work).Treasurer Dave Blair John Evans Milburn Gracie, Don Hicks John Akin Lam Holden Randy Randle Mayor FlnrcnccShaplro City of Wylie Charles Spann P.O. Box 428 Bill .CharlisTa Wylie, TX 75098 Dr.Charles Tand, [toward Thornton George Venner Dear Mayor Akin: Lee Walker I am enclosing a newsletter describing the activities of E Otiicio Members the Dallas Regional Mobility Coalition in its first six c'Imrlcs Anderstm months of operation. As you can see, we have defined our 1amcsllu,1,nan mission, adopted bylaws, hired permanent staff and become James Griffin actively involved in major transportation projects cintdon Slion" throughout the region. bAmiliveMecwr Speaking on behalf of the DRMC Executive Committee, we D.t.it:�.Griffin would welcome the participation of your city as we move forward in the 1990' s. Our goal is to achieve our fair share of transportation funding in the Dallas area and to support those projects that will prevent our traffic congestion from limiting our opportunities for development. Based on the bylaws and interlocal agreement establishing the coalition, dues for the City of Wylie in 1990-91 would be $910. 00. If your city is interested in membership, please contact our Executive Director, David Griffin, or any member of the executive committee. We will be happy to answer your questions or meet with the City Council. Your representatives will be welcome at any of our executive committee meetings which are held on the first Friday of each month at 7 : 30 a.m. in the Dart Board Room in Downtown Dallas. We look forward to working with you for improved mobility in the Dallas area. Sincerely, Lee F. Jackson County Judge Enclosure DALLAS REGIONAL MOBILITY COALITION INTERLOCAL AGREEMENT THIS DALLAS REGIONAL MOBILITY COALITION INTERLOCAL AGREEMENT (the or this "Agreement") , made and entered into as of the date specified herein by and among the Counties and Cities of the Dallas Metropolitan Area specified herein (the "Participants") ; W I T N E S S E T H : WHEREAS, unimpeded progress, regional consensus and a reasonable and fair allocation of State and Federal highway and public transit funds are essential to the continued mobility, economic development, and favorable job environment for and in the Dallas Metropolitan Area; and WHEREAS, the Interlocal Cooperation Act (the "Act") , Article 4413 (32c) , Vernon's Texas Civil Statutes, as amended authorizes political subdivisions to develop regional cooperative programs and to enter into interlocal agreements for the performance jointly of services and activities that each party thereto is authorized to perform separately, all to be done for benefit of the parties thereto; and WHEREAS, Section 4 (d) of the Act authorizes the establishment of an administrative agency for the purpose of managing and implementing the affairs of the participants under the interlocal agreement; NOW, THEREFORE, the Participants, in consideration of the premises and other good and valuable consideration, hereby contract and agree one with the other as follows: ARTICLE I PARTICIPANTS, NAME, PURPOSE, STATUS Section 1. 1. Participants. The Participants, being the parties to this Agreement, are the Counties of Collin, Denton, Dallas, and Ellis and the Cities of Carrollton, Cedar Hill, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Garland, Glenn Heights, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Mesquite, Plano, Richardson, Rowlett, Sachse, University Park, Wilmer, Wylie and such other municipalities, political subdivisions, and counties as may subsequently become additional parties hereto with the agreement of the Executive Committee herein created. 1 Section 1.2. Name, Purpose. (a) The participants hereby create the Dallas Regional Mobility Coalition (the "DRMC") . (b) The DRMC is created for the purpose of examining all issues related to and recommending transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the State Department of Highways and Public Transportation ("SDHPT") . (c) DRMC will consult with and make recommendations to NCTCOG-RTC, SDHPT, Texas Turnpike Authority, Dallas Area Rapid Transit, and any other agency or municipality in transportation decision making in the Dallas Metropolitan Area. (d) Unless expressly requested to engage in formal planning review of proposed projects in the region by the Regional Transportation Council (the "RTC") , the DRMC will limit its activities to recommending policy positions and will publicly advocate and encourage only those projects that have been approved by the RTC for inclusion in the Regional Mobility Plan. (e) Once operational, the DRMC will absorb the activities and will assume the responsibilities of the Metropolitan Transportation Coalition and the North Texas Highway Project Committee. Section 1. 3 . Status of DRMC, Tax Code Treatment. (a) The DRMC shall be and is organized as a non-profit association of participating public entities and political subdivisions under the Act solely for public purposes, and no part of its net income shall accrue to or be paid for the benefit of any private party except in the ordinary course of business and for services rendered or for goods, supplies, or property supplied or furnished to the DRMC for the benefit of the Participants. (b) In performing its powers and duties, the DRMC will at all times be acting as the duly constituted authority and instrumentality of the Participants and as an organization performing essential governmental functions under and for the purposes of Section 115 of the Internal Revenue Code of 1986, as amended. (c) No Participant by its execution hereof is assuming or agreeing to pay any monetary or other obligation other than the agreement to make the contributions provided in Section 3 . 1 (a) hereof. 2 ARTICLE II EXECUTIVE COMMITTEE, POWERS, DUTIES Section 2. 1. Creation, Selection of Executive Committee. (a) The Participants hereby create the Executive Committee (the "Executive Committee") for the purpose of administering and governing the affairs of the DRMC, and the Executive Committee is hereby designated and appointed as the "administrative agency" of the Participants hereunder as permitted by Section 4 (d) of the Interlocal Cooperation Act, Article 4413 (32c) , Vernon's Texas Civil Statutes. (b) The Executive Committee shall consist of a maximum of twenty (20) appointed members selected, and four (4) ex-officio members, as follows: (i) Seven members, one each from the Cities of Carrollton, Garland, Grand Prairie, Irving, Mesquite, Plano and Richardson being either the Mayor or another elected official designated by the City Council. (ii) Three elected officials from the City of Dallas, designated by the Dallas City Council. (iii) Four members, one each from Collin, Dallas, Denton, and Ellis County, being either the County Judge or another elected official designated by the County Judge. (iv) Four elected officials, one from each Dallas County Commissioners Court District, being elected officials selected by the City Councils of those Cities not represented under paragraphs (i) and (ii) above and participating in this agreement. (v) Two community leaders (non-elected officials) appointed by the Mayor of Dallas and the Dallas County Judge. (vi) Four ex-officio members as follows: . . .the SDHPT District 18 District Engineer . . .the Executive Director of Texas Turnpike Authority . . .the Executive Director of Dallas Area Rapid Transit Authority . . .the Staff Director of the Regional Transportation Council 3 Each member, except the ex-officio members shall have one (1) vote on all matters coming before the Executive Committee. In the absence of any elected official member of the Executive Committee, he or she may authorize, in writing, another elected official from the political subdivision(s) he or she represents to attend a regular or special meeting of the Executive Committee and to vote upon any matters presented at that meeting. Citizen members shall not be empowered to authorize a proxy vote. In order to vote on an issue to be presented at a regular or special meeting of the Executive Committee at which he or she will be absent, a citizen member must furnish the Chairman a written statement of his voting position on such issues prior to the meeting. All issues will be decided by simple majority vote of at least 10 voting members of the Committee, which shall constitute a quorum. (c) If any entity entitled to representation under paragraphs (i) , (ii) , or (iii) above shall withdraw from this Agreement, the Executive Committee will be reduced accordingly. Section 2 .2 . Powers, Duties of Executive Committee. (a) The Executive Committee shall have the power to organize itself by adopting bylaws and operating procedures and by selection of such officers as it may consider appropriate. The Executive Committee shall adopt an annual budget and shall provide a copy thereof to each Participant. (b) Officers shall be a Chairman, Vice Chairman, Secretary and a Treasurer, elected annually at the first regular meeting in January. The nominations for these positions shall be made from the floor the first year and thereafter by a three member nominating committee appointed by the Chairman. The Treasurer shall head a financial committee with two additional members which will provide a report at each regular meeting of expenditures and receipts. Any expenditures in excess of $1, 000 must be authorized by vote of the Executive Committee. At the end of each calendar year a certified audit shall be performed of all financial transactions of the DRMC. (c) The Executive Committee may obtain technical support and consulting assistance from the North Central Texas Council of Governments ("NCTCOG") , and from such other paid or non-paid sources and personnel as it shall deem appropriate. If not provided by NCTCOG, the Executive Committee shall obtain the services of a full-time staff person or consultant to be responsible for monitoring project development activities of the DRMC. (d) The Executive Committee shall have the following specific responsibilities: 4 (i) Negotiating agreements within the District 18 area of the SDHPT pertaining to multi- jurisdictional and agency transportation projects; (ii) Negotiating agreements for inter-district projects involving jurisdictions in the District 2 area of the SDHPT (Fort Worth) ; (iii) Advocating projects before the SDHPT Commission and with Dallas area Legislators and Members of Congress; (iv) Overseeing progress on development of major multi-jurisdictional transportation projects in the area and pursuing whatever action is appropriate to expedite such projects; and (v) Other actions that may, from time to time, seem necessary to expedite mobility improvements in the District 18 area of SDHPT, including the admission of additional Participants to this Agreement and to the DRMC. ARTICLE III FUNDING BY PARTICIPANTS, TERM, WITHDRAWAL Section 3 . 1. Participant Contributions to Joint Efforts. (a) Each Participant that is a municipality, by its execution hereof, agrees to and shall pay to the Executive Committee a per annum sum equal to ten cents ($0. 10) times the most recent NCTCOG population estimate of each Participant with the exception of the City of Dallas. The City of Dallas agrees to and shall pay $50, 000 per annum. (b) Each Participant that is a County, by its execution hereof, agrees to and shall pay to the Executive Committee the per annum sum of $15,000. (c) The amount payable for the first year of this Agreement shall be due on the 30th day after the final execution of this Agreement by all Participants. All annual amounts payable in each year thereafter shall be payable on October 1 of each year, beginning on February 1, 1990. 5 7 (d) The Executive Committee shall meet at least six times within the calendar year at times and places specified by the Chairman. Meetings will be called more often if necessary. (e) The fiscal year of the Coalition will begin on October 1 of each year and end on September 30 of the following year. Section 3 .2. Term, Withdrawals. (a) This Agreement shall be effective on and as of the date of final execution by the initial Participants named herein and shall continue from year to year as to all Participants that have not withdrawn in accordance with subsection (b) , below. (b) Any Participant may withdraw from this Agreement, without refund of amounts paid to date, by giving ten (10) days written notice to the other Participants of the effective date of withdrawal. Any Participants shall be automatically withdrawn in the event funds are not paid when due under Section 3 . 1. This Agreement shall continue as to all Participants that have not withdrawn. ARTICLE IV MISCELLANEOUS Section 4. 1. Entirety of Agreement. The terms and provisions of this Interlocal Agreement constitute the entire agreement of the undersigned parties and by the lawfully authorized representative. Section 4.2 . Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in the State of Texas. Section 4 .3. Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then all Participants shall be relieved of all obligations arising under such provision, but only to the extent that such provision is illegal, unenforceable or void, it being the intent and agreement of the Participants that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefor another provision that is legal and enforceable and achieves the same objective. Section 4.4. Execution in Counterparts. This Agreement may be executed in counterparts by the execution of a separate signature page by each Participant, indicating the date of actual execution by each Participant, and, after full execution hereof in such manner, the same shall be deemed to be one and the same instrument. 6 Section 4.5. Any proposed changes in bylaws shall be proposed at least one meeting prior to voting on the proposed changes. Passage of changes to the bylaws shall require a positive vote of two-thirds of the voting members. EXECUTED by the below named Participant by its undersigned officers on the day of , 1990. Participant (SEAL) (Mayor) (County Judge) ATTEST: by (City Secretary) (County Clerk) 7 MEMORANDUM DATE: November 15 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage '.. ,,..IG,,... . RE: Discuss and Consider An Agreement and Memorandum Of Understanding Between City of Wylie and a Private Property Owner on Akin Lane for the Realignment and Reconstruction of Akin Lane Attached is an agreement agreed to by Mr. Raymond Cooper giving the City the right to use certain private property in order to straighten out and realign Akin Lane. Mr . Cooper has agreed to this agreement, therefore, I am asking the City Council to approve this agreement so that this dangerous curve can be eliminated . Attachment: Agreement and Memorandum of Understanding /D AN AGREEMENT AND MEMORANDUM OF UNDERSTANDING The City of Wylie, Texas does hereby agree and make the following commitment to Mr . Raymond B. Cooper, 301 Dogwood, Wylie, Texas . Mr . Raymond B. Cooper has agreed to forfeit certain private property located on Akin Lane in order for Akin Lane to be straightened out and for the elimination of a dangerous curve. This realignment of Akin Lane will be in accordance with the revised replat (Replat of Lots 1 thru 10 and Lot 17 of Wylwood Estates , Installment 5 , dated 8/28/87) . In order for Akin Lane to be straightened out certain obstructions will have to be eliminated. They are a cluster of trees and a man made earthen burm. The City of Wylie agrees in exchange for this property right , that Mr . Raymond B. Cooper will not be assessed or charged for any purpose pertaining to construction, rehabilitation, maintenance or re-building in general of Akin Lane for the duration of time that Raymond B. Cooper owns Lot 1 or 2 of Wylwood Estates #5 . Mr . Raymond Cooper Mayor John Akin 304 Dogwood City of Wylie Wylie, Texas 75098 Attested By: Carolyn Jones , City Secretary, City of Wylie // MEMORANDUM DATE: November 20 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider Reconstruction of Akin Lane From Masters to Stone Road , Approximately One (1 ) Mile of Total Reconstruction City forces started reconstruction of Akin Lane under the Perimeter Street Program on November 19 , 1990. This will be the most ambitious , most difficult and most costly of all the road work we have done. Since this area was not platted a great deal of work has been spent on survey and realignment procedures . The most important aspect of this job is road realignment, the road is as crooked as a dog' s hind leg . However, we will do Akin Lane like we have done Keefer and Cottonbelt with all drainage improvements. My estimate on this work may approach $35 ,000 . We have $46 ,000 available of Perimeter Street money of which Mr. David Griffin has authorized usage. 1:\ 2Ti Jr° 4, �1" MEMORANDUM DATE: November 14 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager •7L ._._. RE: Discuss and Consider Rep rt on Delinquent and Bankrupt Cases Involving Non-Payment of Ad- Valorem Taxes to City of Wylie Attached is a public record list of delinquent ad- valorem tax suits. The City Attorney is now prosecuting on behalf of the City. After attorney fees , court costs and collection fees the amount is $100 , 284 .05 . Attachment: Ad-Valorem Tax List 02 vpie CITY OF' WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214.442.2236 MEMORANDUM TO: Bill Dashner, City Manager FROM: James Johnson, Finance Directo> ,f__ _ RE: Litigation Report - Delinquent and Bankruptcy Cases DATE: October 31 , 1990 Attached is the list as of 10/31/90 of active delinquent tax suits by our tax collection law firm, Sallinger, Nichols, Jackson, Kirk and Dillard. A total of 99 accounts on jQ separate cases have a base tax amount (excludes penalty, interest and legal collection cost assessments) of $72, 423. 89. Likewise, there were 50 accounts involving 2/ cases totaling $27 , 860 . 16 were active bankruptcy cases at this same time. TYPE OF ACCOUNTS ACCOUNTS CASES BASE AMOUNT Delinquent Tax 99 40 $ 72, 423. 89 Bankruptcy 50 23 $ 27 , 860 . 16 TOTALS 149 63 $ 100, 284. 05 . ' V CITY OF WYLIE BANKRUPTCY CASES 10/31/90+ sr.. *****L44JALW********eer**rrr&*►L££*****LLALs******rt,►f +sr*rim*****rtrrreektsst****************** DEBTOR CASE M0. ACCOUNT NO. AMOUNTS COMMENTS CI{ARLES S. AL DEBRA K. 389-37905-RCM-13 227100000101 1988-s505.40 Proof of Claim - 1/31/90. AWDERHUB 1989-S802.39 Tw 1AS 1a< THERESA BURRIS 88-40271.13 502000008711 1986-PAID Amended proof of claim - 8124/88. 1987-S87.42 Payments made to City. Paid 1986 6/14/89 1988-S84.76 0153.93. S45.32 payment applied to 1987' EST,4 :ACY 390-34789-SAF-7 5030000408A1 1989-S150.33 Proof of Claim 8-90. :1E1lICAL RECYCLING CORP. 389-32697-HCA-7 626600000301 1988-$1,449.95 Proof of Claim 8-5-90. 1989-$1,454.04 ccamER IYOIE SALES CORP. 87-01708-M04 503000027801 1987-S92.74 Proof of Claim - 5/4/89 Ch. 7 503000034901 1987-PAID Mo Discharge as of 3/1/90. 1988-S104.72 c:S CORP. 89-810073 - 900028916391 1989-S24.36 Proof of Claim - 8-6-90. 89-M10084 CUSTOM BLDG. SUPPLY, INC. 89-40318-7 900028506171 1987-S375.00 Proof of Claim - 3-22-89 1988-S384.38 Mo discharge as of 3/1/90. RICHARD MAK DUMCAN 385-35464-HCA-7 205200F01601 1987-S125.00 Proof of Claim - 3-16-89 D/8/A MACKEY/DUNCAN HONES 205200E00901 1987 S120.00 thankruptcy closed. • AND DEANNIA L. DUNCAN A/K/A - 1987-8202.69 paid 7/6/90. DEANNA L. YICCNA)I A/K/A DEANNA L. ROBSON ED'JARD b LOU AWN ELLIOT 387-36437-SAF-13 503000053501 1987-5161.82 Claim for Admin. Exp. 3/22/89. 1988-5126.75 ROGER C. FINHOLT 90-40989 440600000101 1989-S102.56 Proof of Claim - 7/17/90. B & R Invest. also owned by Finhoit Proof of Claim for all 8 B R accts. Entry of Appearance 10/90. JOSEPH L. G_ORGE 87-01296-7 127500200701 PAID Discharge ltr. sent 4/24/89 for three outstanding accounts. :O/INSON'S, INC. D8A 89-41137-11 116900700601 1988-S3,248.00 Proof of Claim - 8/21/89. F.D.I.C. JOHNSON'S FASHION FOR CHILDREN 116900700101 1988-S192.19 paid base only. Trying to collect all. V DONALD P. KREYNER " 90-40885-A R116900500981 PAID Proof of Claim 7/90. (219-123-89) 1987-S66.96 Entry of Appearance 9-20-90. 1988-583.01 1989-f87.62 • 1116600800901 1984-567.35 1987-$64.93 1988-587.05 1989-S92.75 R167500100401 PAID 1989-11,087.07 R167500200401 1967-S322.15 1986-8330.20 1989-S357.59 R692000206101 1984-54.90 - R123900000401 PAID Paid 10/31/86 ($102.28) • 90-40885-A R190700100401 1987-S90.00 Filed 9-21-90. (219-100-89) R190100100701 1987-S90.00 A190100100801 1987-590.00 90-40885-A 668800419701 1984-517.15 Filed 7-20-90. (199-119-89) 1987-517.50 1988-S17.94 1989-519.43 90-40885-A 626600002191 1988-$482.47 Filed 8-90. C219-1995-89) 115600803901 1988-S125.15 1989-S131.61 -•90-40885-A 129200103501 PAIO Paid 8/20/90 CS123.53) PAID Paid 8/20/90 ($121.52) THE LIGHTING CENTER 388-31360-EA-11 P900028421781 1986-S375.79 1987-S383.46 Proof of Claim - 5-5-88. 198s-S190.14 Converted to Ch.7. MINERAL U00L INSUtATICN 385-330709-F-11 1985-S428.7Z Sales i Use Proof of Claim 4-16-86. Not proof for ad valorem taxes. No CCAD Sales taxes only. STANLEY NOUSSA 387-31820-11CA-11 662900000101 P9864734.61 Proof of Claiei 8-19-87. 1987-5749.60 Clam for Ada. Exp. filed 5-8-89 1988-S713.48 for 1988 taxes. 1989-6579.49 1169011001C1 t986-S117.65 Amended Proof 6-90. 1989-8192.61 ceded Claim for Ad. EXp. 6/90. 1169011001A1 19864721.38 Base amounts paid by F.D.I.C. 1989-S768.35 115600200501 1986-S1,380.84 PAID 605600001701 1906-81.49 Corrected & paid $159.39 on 2125/87. 1987-S152.00 1988-5113.90 1989-$92.51 HURRY BLDG. 03., INC. 87-00309-WC-NA 150301101701 1985-S22.05 Account now listed as Larry Seal. Ch. 7 1986-S73.50 150200601401 1985-S73.50 Acct. now listed as L.E. Buller, Inc. MICHAEL MJRRY '. 88-42153-7 187800903001 1987-590.00 Proof of Claim - 3-24-89. 1988-392.25 Bo discharge as of 3-1-90. 1989-$99.90 DENNIS i LEANNE OTT 690-01078 5030000721A1 1989-591.28 Proof of Claim - 7-20-90. Paid S127.02 10/31/90. JOAN REYNOLDS 388-36404-RCB-13 503000003301 1988-$129.89 19ST paid and proof of claim submitted 11988-S112.91 for 1988 taxes. Proof of Claim 9-28-89. $59.93 received Open as of 10/23/90. S118.64 due. GARY L. ROODY D/8/A RODDY 368-37960-Rah-11 127500100901 PAID Proof of Claim - 2-28-89. REALTORS AND RIM PROPERTIES Casa closed. AND JUDITH A. R00DY D/9/A R00DY i WAIT INVESTMENTS AND R.M. 116200003001 1987-S106.26 INVESTMENTS 19884107.49 1989-S113.30 1275001009111 PAID /15400202401 t987-$270.66 1989-S299-33 900027032571 1987-520.00 1988-S20.50 1989-S22.20 SAN ANTONIO SAVINGS ASSOC. 669500000401 1989-S1,128.20 Proof of Claim - 6-90. RTC paid base only. S402.77 still due. -AROLD b GL3R[A SPENCE 88-41706-7 P900028503381 1986-S1,225.00 Proof of Claim - 10-14-88- oea SUPER FRESH FOODS, OB* 1987-81,250.00 Amended Proof - 5-5-89. SPENCE CONSTRUCTION, DBA 1988-S1,383.75 MAROLO SPENCE BLDG. CORP. R146700200201 PAID P900028601891 1987-830.78 Claim for Ate. Exp. 5-5-89. 1988-$31-54 No Disch. as of 3-1-90. R143600200901 1987-585.00 1988--S87.13 1989-894►.35 R143600300101 1987-S67.50 FDIC paid base only 1/26/90. 1988-S69-19 FDIC paid base may 1/26/90. R143600300201 1987-885.00 Paid 10/10/90 5136.85. • 1988-887.13 Paid 10/29/90 S133.26. R143600300301 1987-S85.00 FDIC paid base only 1/26/90. 1988-S87.13 FDIC paid base only 1/26/90. R143600300401 1987-85.00 FDIC paid base only 1/26/90. 1988-S8T.13 FDIC paid base only 1/26/90. R12390000D1C1 198T412.50 1988-$12.81 1989-$13.88 RC ERT V. THURMOND 90-40163-A 65E1900000691 1989-$43.66 Proof of ClaI - 5-21-90. 658900000801 1989-$46.13 658900000791 1989-S150.62 • V zOP r.it rrr :rt CITY OF WYLIE DELINQUENT TAX INFORMATION LITIGATION STATUS REPORT 10j31/90 DEFENDANT ['CAD ACCOUNT NO. CASE NO. BASE ANOINT STATUS ARMSTRONG, GARY 684900003701 36d-244EG 89 1989-$1,646.52 Suit filed 12/19/89. Defendant served 1/11/90. Amended petition to include 1989 taxes only. Letter to collect taxes and court costs. Title search shoes Prov. Onk lienhotder; Anerd to serve Provident Bank. ASAD, NONAttfilKD 143600400601 36E-1323.90 1987-$266.16 Filed Original Pet. 9/12/90 1988-$428.74 1989-t454.32 BAKER, KEviw 443200011201 296-981-'/0 1988-$99.29 Suit filed 6-12-90. Def. called re pay 1989-$102.28 milt pay all by August 1990. Payment 1987 recd. 7/31/90. Ten day demand ltr. sent 10/12/90. BAKER, LOWELL 184000102101 199-1461-90 1986-$102.50 x1 Original Pet. filed 10/15/90. Citation 184000100201 1989-$111.00 pcL- issued in Dallas 10/90. N-suit; taxes pd 184000100101 before Pet. filed 11/90. 184000102001 BAMBICO, EDWARD D. 503000041801 366-1442•89 1988-871.52 Plea of Intervention filed 3/28/90. BAUGHMAN, VINSON 1. ASSOC., INC. 9000211727621 199-237.89 1987-$428.80 Plea of Intervention 7-90. 1988-S410.15 Reset for hearing by W.1.S.D. 1989-S405.52 BUCILEY, CAROL GAMBOTN 502000002:301 366-150-90 1983-S31.31 Suit filed 1/31/90. Defendant located 1984-S30.71 and in process of being served. Land 1985-S38.49 lord caned re: location of Def. 1986-S35.00 1987-S30.36 1988-S2536 1489-S18.12 C B A ENTERPRISES R602200000601 219-2312-89 1988-s1,936.18 Suit filed 11/29/89. Amended petition INCORPORATED 1989-$2,092.84 filed to include second account. Morrow R602200000691 1988-S15.60 served. Service defective. Petition 1989-516.89 amended second time to serve Bobby P900027031751 7988-S342.99 Abbott. Mr. Abbott contacted by phone; 1989-S371.43 he will make payment in full in June. No payments received as of 8-90. Title search ordered..Ag. roll beck on 1602200 19892.33 (�.-s STARK. GERALD R205200000401 296-2313-89 PAID Suit filed 11/29/89. Defendant served 1989-PAID 12/16/89. Answer filed. Letter sent to collect court costs and 1989 taxes. All pied 9/26/90. Notion S Order for Diswn. signed. Term ttr./close out 10/12/90. • CORDOVA MARBLE CO. 167500200201 366-1441-90 1988-S1,889.62 Filed Orig. Pet. 10/12/90. 1989-$2,029.01 DONINOO, JERRY 4432000013A1 199-983-90 1988-S144.99 Suit filed 6-12-90. 1989-$150.33 Def. called re: payment 7-13-90. July amount sent. Sent bactc requesting Def. pay current amts. • 1989-$99.90 Inc., and Willow Bend National Bank. R190100301701 _ 1987-590.00 Petition amended to include D. Kreymer, 1988-S92.25 Inc., Stancraft homes, James Stanley, 1989-S99.90 Inc., and Willow Bend National Bank. R190100301801 1987-S90.0D Petition amended to include D. Kreymxr, 1988-S92.25 Inc., Stancraft Homes, James Stanley, 1989-S99.90 Inc. and Willow Bend National Bank. R190100301901 1987-S90.00 Petition amended to include 0. Kreymer, 1988-S92.25 Inc., Stancraft Homes, James Stanley, 1989-S99.90 Inc., and Willow Band National Bank. Bearing August 24. KREYtMER, DONALD P. R190100100401 219-100-89 1987-S90.00 Amended Petition filed to include D. 1988-$92.25 Kreymer, Inc., James Stanley Investments 1989-S99.90 Inc., Willow Bend National Bank, and Stancraft Banes Inc. Willow Bend served. R190100100701 1987-S90.00 Amended Petition filed to include 0. 1988-S92.25 Kreymer, Inc., James Stanley Investments (�. 1989-S99.90 Inc., Willow Bend National Bank, and u Stancraft Homes Inc. R190100100801 1987-S90.00 Amended Petition filed to include 0. 1988-S92.25 Ereymer, Inc., James Stanley Investments 1989-S99.90 Inc., Willow Bend National Bank, and Stancraft Homes Inc. J. x2E/MER INC. R11660020R101 219-120-89 PAID Amended petition to Include Phillip PAID holtwick, First State Bank Wylie, Bank PAID One, and Willow Bend National Bank on PAID 3/27/90. Willow Bend served. R128200101101 PAID Paid by First State Bank, Wylie, PAID on 1/31/90. • 1116750020010/ 1988-5382.48 Steuart Title paid 1986 end 1987. 1989-S414.20 Petition amended to include Bank One. Dart One served 4/4/90. Dart One says F.O.I.C. lienholder. R1156012070A1 PAID Paid by First State Sank, Wylie PAID on 1/31/90. D3N KREYMER INTEREST INC. R668800419701 199-119-89 1984-S17.15 Petition amended to include only one 1987-$17.50 property. Unpaid. Close out 7/26/90. 1988-s17.94 1989-519.43 DONALD P. KREYMER R626600002191 219-1995-89 1988-S482.47 Willow Bend Nat. Bank foreclosed and a statement has been sent for taxes. R626600002101 1983-S45.47 Willow Bend Nat. Bank foreclosed and a 1984-S272.56 statement has been sent for taxes. 1986-$57.40 1988-$223.25 1989-S2,315.50 R115600803901 1988-1125.15 1989-$131.61 R129200103501 1988-582.00 1989-S88.80 R116400201201 1985-5230.31 Paid 5/18/90 $434.37 • 1986-5238.42 Paid 5/18/90 $416.76. 1987-S272.58 1988-1276.62 Paid 5/18/90 S407.18 'RANK, RAYMOND L. R118100001401 219-2316-89 1988-PAID Suit filed 11/29%89. Defendant served 12/16/89. Letter to collect court costs and taxes. Paid 9-90. Oise'. submitted. Term !tr./close out 10/2/90. JOHNSOM, LINDA 502000010301 219-00148-90 1985-S94.67 Suit filed 1-31-90. Amended 7-90. 1986-S88.99 503000034701 1987-895.87 1988-S93.70 1989-S96.51 KRETNER, DONALD P. R116900500981 219-123-89 Statements sent to American Title Co. 1987-S66.96 Sale not closed. Amended petition to 1988-$83.01 include Banc One, Inwood National Bank, 1989-S87.62 and Billow Bend National Bank. Bank One served 4/6/90. Unpaid. Close out 7/26%90 R116600800901 1984-567.35 Title search ordered. Statements sent t 1987-S64.93 American Title. Sale not closed and 1988-$87.05 petition eaended to include lienhotders, 1939-S92.75 Bank One and Centennial. R167500100401 1989-S1,087.07 Paid by TO for prior yeers. R167500200401 1987-S322.15 Petition amended to include Willow 1988-S330.20 Bend National Bank, lienhotder. 1989-S357.59 Amended to incl. one acct.; others in bankruptcy. KREYMER, DONALD P. R190100301401 296-102-89 1987-$90.00 Petition amended to include D. Kreymer, 366-1904-89 1988-S92.25 Inc., Stancraft Homes, James Stanley, 1989-S99.90 Inc., and Willow Bend National Bank. Set for hearing 6/19/90. R190100301601 1987-$90.00 Petition amended to include D. Kreymer, 1965-$92.25 Inc., Stancraft Homes, James Stanley, 1989-$269.95 ptt. Paid 5/18/90 S305.04. UTILE, WAYNE 443200010801 - 366-1546-89 1986-5152.10 lnterv. 3-90. Ltr sent re: paying 5-90. 1987-S139.68 1U SD Dismissed. Sent letter to 1988-S124.12 current owner. 1989-$128.16 MAR-?AM I INC. 662900000801 296-42-90 1986-S31.46 Suit filed 1/11/90. Defendant served 1987-S3,210.40 2/22/90. Statement to Dale McCullough, 1988-S3,290.66 current owner. Petition amended to 1989-S3,118.10 include two other accounts. 1986-S31.46 per su4P.. Ag. granted for 1964 662900000101 1986-3734.61 Collin Co. lnterr. 5-90. 1987-5749.60 Account Bankrupt. Amend to exclude 1988-$713.48 account 10/90. 1989-5579.49 605600001701 1986-$1.49 Account Bankrupt. Amend to exclude 1987-$152.00 account 10/90. 1988-1 113.90 1989-S92.51 MEEADE, GENE 5030000711A1 366-1135-90 1988-$79.72 Original Petition filed 8-6-90. 1989-S81.76 Defendant called re: payments 8-29-90. First pat. 9/16/90. 2nd payment 340.00 1 Payments totaling S138.55. MYDO READY MIX i$C., DBA R602200000501 199-1135-90 1987-$1,836.41 Intervention filed 12-28-89. MYCO CONCRETE ET Al 1988-$2,125.42 City of Wylie re-filed Pet. 7-25-90. P900028600181 1987-$2,740.00 Citation issued in Rociwall 8-90. 1988-$2,808.50 Order title search 10/16/90. 1989-S2,418.69 HYRAX CORPORATION R205700000501 366-2306-89 1987-S80.53 Suit filed 11/29/89. Defendant served 1968-S82.54 12/27/89. Defendant filed answer 1989-289.39 12/28/89. • - R2057d0000601 1987-$76.50 1988-$78.41 Title search ordered 8-90. 1989-$84.92 R2205730000701 1987-$76.50 1988-$78.41 1989-S84.92 R-c05700000801 1987-876.50 1988-S78.41 1989-S84.92 R205710000901 1988-878.41 1989-S84.92 R205730001001 1988-882.25 1989-S89.07 R2057000011A1 1988-8128.13 1989-8241.30 W RAN (OIPORATION R235700002501 219-2300-89 1988-$82.00 Suit filed 11/29/89. Defendant served R2D5700002601 1988-882.00 12/18/84. R2)57C0002701 1988-S82.00 Title search ordered 8-90. R2957C0002801 1988-$82.00 R2957C0002901 1988-882.00 R2957C0003001 1988-882.00 (� R20570000310/ 1988-882.00 \ R2057C0003201 1988-882.00 R2957C0D03301 1988-$84 38 R285700003401 PAID NTRAN CORPORATION R2757C00012A1 199-2307-89 1988-$128.13 Suit filed 11/29/89. Defendant served 1989-$174.81 12/18/89. R2)57C0001401 1988-8128.13 R2057C0001501 1988-$128.13 Title search ordered 8-90. R2357C0001601 1988-876.88 1989-$51.96 R2257C0001901 1988-882.00 t989-S88.80 R215700002001 1988-882.00 R2)5700002101 1988-882.00 ATRAN CORPORATION R658833219201 219-2308-89 PAID Suit filed 11/29/89. Defendant served N668800219301 PAID 12/18/89. R668800200201. 1988-S2,504.81 Title search ordered 8-90. NYRAN CORPORATION R208400102281 296-2301-89 1988-$61.50 Suit filed 11/29/89. Defendant served R2084008023A1 1988-561.50 12/18/89. 1208400I002A1 1988-S61.50 Title search ordered 8-90. R208400I00281 1988-S61.5D R208400I003A1 1988-561.50 1208400I005A1 1988-561.51) R208400I00581 1988-561.50 MYRAN CORPORATION R208400E01701 199-2303-89 1987-$82.50 Suit filed 11/29/89. Defendant served R20840011012A1 1988-561.50 12/18/89. R208400801281 1988-S61.50 Title search ordered 6-90. 120840011014A1 1988-S61.50 R2084001401481 1988-S61.50 12084008015A1 1988-S61.5D R208400801581 1988-561.50 R208400801781 1988-561.50 C\-` R20840011018A1 1988-S61.50 noucioucrise 1988-561.50 MYRAN CORPORATION 1208400H019A1 219-2304-89 1988-S61.5D Suit filed 11/29/89. Defendant served R208400101981 1988-S61.50 12/27/89. Defendant filed answer 12084008020A1 1988-S61.5D 12/28/89. R2084001102081 . 1985-S61.5D Title search ordered 8-90. R2084008021A1 1988-S61.5D R2084008021111 1988-561.50 . S1ED1ER, ROBERT S03000003801 366-982-90 1987-S107.16 Suit filed 6-12-90. 1988-S104.72 * 1989-S107.88 -4 O STRONG, GINNY 502000001111 219-1515-90 1987-S42.77 Petition filed 10/24/90. -i 1988-540.47 1 1989-S40.17 13 DSUTTON, DOROTHY 5020000028A1 366-979-90 1988-S63.80 Suit filed 6-12-90. m 1989-S63.78 Hearing Nov. 6, 1990. m m IV * TAYLOR, GLORIA 443200007501 219-152-90 1987-$111.75 pd• Suit filed 1/31/90. Defendant served 1988-f99.29 pd.• 3/2/90. Payment agreement to begin 4/15/90. Paid all taxes. Letter sent to collect court costs. Cart costs paid. M S D Dina. 10/22/90. Tern letter close out 10-30-90. TAYLOR, JONNNT 503000058501 219-980-90 1987-S107.16 Suit filed 6-12-90. Def. called 1988-51044.72 re payment. Carrot pay in less than 6 mo 1989-S107.88 Will proceed with judg. Oct 22, 1990. 11i11 pay out over 6 morn. 10-19-90. THIRTEEN SEVENTY-EIGHT R227301100101 296-2309-89 PAID Suit filed 11/29/89. )efendant served CEVELOP1ENT CORPORATION R227301100201 PAID 1/5/90. R662900001301 1988-S65.60 Beckham says this property sold to 1989-S99.54 Stanley Mousse. C.C.A..D. shows 1989 in name of Dale McCult ugh. Statement to McCullough 3/26/90. Court costs paid 8-90. `w V\ THOlMAS, JOHN 503000066301 366-1484-89 1987-S140.15 Intervention filed 3/23/90. Billing Clayton Homes sew owner. THOMPSON, CHARLES 503000059601 366-1483-89 1987-S88.62 Plea of Intervention filed 3/28/90. 1988-586.61 TOLAID, MELVA 443200008581 199-1514-90 1989-S0.00 Petition filed 10/24/94. (over 65) Yon Suit 10-30-90. Over 65 exempt. U-NAME-IT FLOORS 900028507411 296-149-90 1985-$171.50 Suit filed 1/31/90. 1986-549.00 Waiting on service by Const. Barton. UPTHAGROVE, KEITH 443200004501 366-1729-89 1987-8117.45 Intervention 3-28-90. Stmt. sent to 1988-S115.03 First Assoc. Mort. 5-9e. 1989-S118.78 Bankrupt 10-90. MESON, RONNIE 443200012101 296-811-89 1986-$131.08 Intervention 7-90. Nearing 8-2-90. 1987-$120.39 - :OLFE, BOBBY JACK 116800102301 1!9-1511-90 1988-$256.18 Original Pet. filed 10/24/90. 1989-$271.83 :YLIE JOINT VENTURE NO. 1 626600002401 366-1736-89 1986-S1,696.88 Intervention filed 4-2-90. 1987-$1,805.56 1988-$1,850.70 1989-$1,150.24 aTLIE JOINT VENTURE NO. 2 626600002301 366-1420-89 1986-S1,897.52 Intervention filed 4-2-90. 1987-S1,790.32 1988-$1,835.07 1989-$1,140.53 i' t:r MEMORANDUM DATE: November 15 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager 71...4..;L RE: Discuss and Consider R pealing Community Park Fund and Elimination of Voluntary Assessment Off Of City Utility Bills in October of 1989 a provision was made to create a Community Park Fund. The Community Park Fund placed on all utility bills a voluntary contribution of $1 .00 to go for park capital improvements. Many utility customers have little knowledge that this is a voluntary assessment. This tax was not by separate ordinance or resolution . Under the circumstances and the manner in which this was done you may want to repeal this action. T 453 CALLED CITY COUNCIL AND PLANNING AND ZONING JOINT MEETING MINUTES OCTOBER 3, 1989 The City of Wylie City Council and Planning and Zoning Commission met in a called meeting and work session on Tuesday, October 3, 1989 at 7:00 P.M. in the Council Conference Room in the Municipal Complex. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Bud Naish, Council Members Pat Stemple, Jim Swartz, John Akin, Ortie Messenger and Steve Wright, Planning and Zoning Chairman Brian Chaney, Planning and Zoning Members Bart Peddicord, Jim Ferguson, Bob Skipwith, Bobby Jennings and Cecilia Wood, City Manager Charles Norwood, City Secretary Carolyn Jones and Code Enforcement Officer Roy Faires. Mayor Trimble called the meeting to order and Councilman Wright gave the invocation. APPROVAL OF AUDIT FIRM TO CONDUCT FISCAL YEAR 1988-89 AUDIT: Motion was made by Councilman Akin to approve Adam, Lindsey & Co. of Dallas to conduct the fiscal year 1988-89 audit. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in favor, Councilwoman Stemple - in favor . This motion carried with all in favor. APPROVAL OF ADDING $1 .00 CONTRIBUTION FOR THE PARK \ IMPROVEMENT FUND TO THE UTILITY BILLS : City Manager Charles c Norwood passed out a sample of how this would appear on the utility bills. The wording would be as follows: "A 1 voluntary donation of $1 .00 has been included in the total t of your utility charges. The monies collected will be designated "Community Park Improvement Fund" . If you do not desire to contribute $1.00 toward Community Park Improvement Fund, please pay the sub-total amount." City Manager ' Charles Norwood said there would also be articles in the local paper to let the citizens know this $1 .00 contribution would be on their utility bills . Mayor Pro Tem Naish said that maybe it should read volunteer contribution. Mayor Pro Tem Naish said if a citizen chooses not to contribute the $1 .00, could this be taken off their future bills. City Manager Charles .Norwood said probably not . City Manager Charles Norwood also stated that this would probably show up on the November utility bills. I 17 /aL) 454 4, Motion was made by Councilman Messenger to approve the $1.00 contribution for the Community Park Improvement Fund to the utility bills. Seconded by Mayor Pro Tem Naish. The vote \ was as follows: Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright - in favor , Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor. Mayor Trimble recessed the business meeting and convened Council into work session with Planning and Zoning Commission. PRESENTATION BY MEMBERS CHAMBER OF COMMERCE: Mr . John Fitzpatrick and Linda Hamer were present representing the Chamber of Commerce. Mr . Fitzpatrick stated their purpose tonight was to let the Council know that the Chamber was in support of the Council and that they would like for the Council and Chamber to work together for the betterment of the City. Mr . Fitzpatrick stated that over the last couple of months the Chamber has started an Economic Development Committee. We are having training sessions for this committee and feel that this committee will be of great benefit to the City. The Chamber has been working on some long range goals, we have no special reason for being here tonight except for keeping the lines of communication open. We also want to invite any of the Council to attend our board meetings, they are held here in this room - on the fourth Thursday of each month at 4 :00 P.M. Mayor Trimble stated that there was a sign ordinance that Council and Chamber has been working on, has this been completed. Mr . Faires stated that the ordinance has been reviewed and was on his desk for a final draft to be made and brought forward to Council. I have not had time to put it together. Councilman Akin stated that maybe on a quarterly basis we could have joint meeting with Chamber and School Board. Linda Hamer thanked the city staff and Council for the help and work done with and between each board. Mr. B. J. Parrish from Lone Star Gas, stated that he was a member of the Economic Development Committee and is very pleased to be a member of this committee. I am very glad that TU and Lone Star Gas are going to bring training *sessions to 'this committee. -The Chamber is the public relations for every city and I believe the Chamber here is trying to do the very best they can for the City. . (. MEMORANDUM DATE: November 15 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage ..._ . ., RE: Discuss and Consider Action Plan for Construction Of New National Guard Armory and City of Wylie Involvement as For As Financial Aid and Regulatory Fee Requirements Attached is an action plan that was developed at a coordination meeting with all the above officials. It is very important for the City Council to approve and be aware of City commitments. I call your attention to commitment number three (3) , possibly on commitment number (4) . Of course, the City Staff will be significantly involved in this whole program as outlined . Perimeter Street Fees are not necessary since Spring Creek Parkway is being paid for by other sources . The Federal Government pays no Building Permit Fees . However , the City Council must decide if the Federal Government pays Impact Fees . In my opinion the Federal Government could contest this ordinance. The City Council may want to make an exception in this case. Attachment : Action Plan b KSO WELLS D LS ARCHITECTS NOV 151990 MINUTES OF MEETING —� November 8, 1990 Wylie Armory Wylie, TX D/W Project #9041 ATTENDANCE: Nick Serris, V.P. Centennial Homes Dan Levits Centennial Homes Dashner City Manager Paul Beaver City Engineer James Johnson Finance Director Fred Balster Kimley Horn Consulting Engineers Bill Dickson Dickson/Wells Partners, Inc. Dan Arrowood Dickson/Wells Partners, Inc. 1. City of Wylie will begin application process for grade crossings. It is anticipated six (6) months minimum will be required, possibly eight (8) months. 2. Fred Balster of Kimley-Horn Consulting Engineers committed to completing design and construction documents for the extension of Spring Creek Parkway and utility drawings by Christmas. These drawings will be required for railroad grade permitting. 3. Nick Serris provided Bill Dashner a copy of the City of Wylie resolution outlining the fib ice participation by the City, $140,000 for one grade crossing plus $10,000 for utility If ,e.% extensions. °a7 ' 71 4. Bill Dashner states the City will waive building permit fees and perimeter street / fees. Impact fees may be waived, a matter he will discuss with City Council. 5. The contract person for the Cottonbelt is Mike Stanfield, officing in Omaha, Nebraska. 6. Bill Dashner indicated a desire to formally announce at City Council meeting scheduled November 13, 1990, the status of this project. Should the Armory Board wish to delay this announcement, so notify his office. 7. The property will require final platting a process requiring approximately (30) thirty days. DICKSONIWEUS ARCHITECTS INCORPORATED103 McKINNEY/THE BREWERY SUITE 401/DALLAS.TEXAS 75202'214 871.0616 3s Minutes of Meeting November 8, 1990 Page Two 8. Nick Serris indicated the Armory Board & Centennial will contribute up to $50,000 for street improvements, remainder to be paid by the county. - 9. The estimate for this work is approximately $90,000 as stated by Fred Balster; a copy of a 2/1/90 Preliminary Cost Estimate was provided, copy attached. 10. Fred Balster voiced a concern that the grade crossing, initially intended to be the western most (2) lanes may need to include design and equipment for all four lanes so as to not have to again endure a lengthy approval process. END OF MEETING cc: All in attendance Bill Beaty THESE MINUTES WILL BE CONSIDERED CORRECT UNLESS WRITTEN NOTIFICATION OF CORRECTION IS MADE WITHIN TEN (10) DAYS OF RECEIPT. 1 Preliminary Cost Estimate Spring Creek Parkway Texas National Guard, Wylie, Texas Paving 23'x 600/9 x $18.50/sy $ 28,400 Storm Drainage 400' x $54/It 21,600 Bore Sewer under RR 4,800 Bore Water under RR 7,200 Manholes 2 @ $1,200 2,400 8" Sewer 200' x$18 3,600 12" Water 200' x$28 5,600 $ 73,600 10% contingency 7,400 $ 81,000 Crossing(allowance) 150,000 $ 231,000 MEMORANDUM DATE: November 14 , 1990 TO: Mayor and City Council /n� /� FROM: Bill Dashner, City Manage •.1F,/,r,,,,�i... RE: Discuss and Consider Gasoline Storage Tank at Service Center and Possible Relocation or Replacement of Tanks and Service Center Location The City Council has available $300 ,000 of bond funds set aside for the relocation of the City' s Central Service Center. Under federal law the City in December will start monitoring the tanks for leakage. The tanks are 20 years old and will have to be relocated or replaced in 1991 . It is my understanding that the $300 ,000 was pledged towards a new Service Center site because of the gasoline tank situation and the Chemical Recycling lawsuit. It is my opinion that the City Council needs to consider when and if a new service center site is to be considered. As you know the City' s attorneys have made a formal settlement offer of $583,000 to the defendant in the Chemical Recycling lawsuit . We are awaiting some word from our attorneys on this settlement offer. It would appear that the City Council can do (2) things . 1) Wait until the lawsuit is settled to see how much the City recovers (this does not address the gasoline tank issue) . 2) Start looking for a potential site for a future service center location and relocate everything to this site. The City has an appraisal in hand on a possible location on Alanis .• MEMORANDUM DATE: November 19, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage RE: Discuss and Consider Ac epting Easement on McCreary Road from the Resolution Trust Corporation of the U.S . Government This is the last remaining easement on the MCreary Road project . This easement is located at the Northwest corner of the intersection of the proposed McCreary Road and the Cottonbelt Railroad and is 420 feet in length. The City met with RTC five (5) times and after numerous correspondence and telephone calls RTC finally agreed to sell the easement for $2,000 . We had no choice on this , either pay the $2 ,000 or go through a three (3) or four (4) month condemnation process . All other easements on this road were received by a token $10 fee . MEMORANDUM DATE: November 20 , 1990 TO: Mayor, and City Council FROM: Bill Dashner , City Manage .4444w-'6-/ _ RE: Discuss and Consider Acceptance of Right-Of-Way Easement from North Texas Municipal Water District for the Reconstruction of Brown Street In order to widen and reconstruct Brown Street, North Texas Municipal Water District is conveying to the City necessary right-of-way easements . Attached are easement documents approved by North Texas Municipal Water District for formal acceptance by the City of Wylie. Attachment: Easement Document /// ROAD RIGHT-OF-WAY DEDICATION BROWN STREET WYLIE, TEXAS • STATE OF TEXAS S S COUNTY OF COLLIN S KNOW ALL MEN BY THESE PRESENTS THAT the North Texas Municipal Water District, hereafter termed GRANTOR, of the County of Collin State of Texas, for and in consideration of the sum of ten dollars and no cents ($10.00) , and other good and valuable consideration to GRANTOR in hand paid by the City of Wylie, the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED and CONVEYED, and do by these presents GRANT and CONVEY unto the City of Wylie the following described tract of land situated in Collin County, Texas, for use as a road right-of-way and being more particularly described as follows: BEING a part of that certain 21 . 22 acre tract of land conveyed to North Texas Municipal Water District by G. W. Kreymer and wife, Meada Kreymer by deed recorded in Volume 600, Page 264 and a part of that certain 12. 149 acre tract by Orville Kreymer by deed recorded in Volume 1097, Page 587 of the Deed Records of Collin County , Texas, in the Francisco De La Pina Survey, Abstract No. 688, situated in the City of Wylie, Collin County , Texas , and being more particularly described as follows : BEGINNING at the Southwest corner of said 12. 149 acre tract , said point being on the North right-of-way line of Brown Street (variable width) , and being 1458.0 feet East from a concrete right-of-way marker at the intersection of the North right-of-way line of Brown Street with the East right-of-way line of Ballard Avenue (F.M. 2514) ; THENCE North 0°40' East along the West line of the 12. 149 acre tract , 22.83 feet ; THENCE North 89°12 ' 30" East , 557.05 feet to a point on the North- westerly right-of-way line of the G. C. & S. F. Railroad right-of- way (50.0 feet from centerline of rail) ; THENCE South 50°49 '40" West along, the Northwesterly right-of-way line of the G.C. & S. F. Railroad right-of-way, 48. 32 feet to its intersection with the North right-of-way line of Brown Street ; THENCE West along the North right-of-way line of Brown Street , 519.80 feet to the PLACE OF BEGINNING, and containing 14, 290 square feet of land, more or less. TO HAVE AND TO HOLD unto the said City of Wylie, Texas, its successors and assigns, all of the right , title and interest vested in the GRANTOR on the above described road right-of-way dedication. ` BROWN STREET, WYLIE,E, TEXAS PAGE TWO AS AUTHORIZED BY THE NTMWD- BOARD OF DIRECTORS IN A REGULAR MEETING ON AUGUST 23, 1990, IN THE ADMINISTRATIVE OFFICES OF THE NTMWD, WYLIE, TEXAS. ROBERT C. ALLEN, G. W. RANGE, SECRETARY PRESIDENT (SEAL) 4/3 MEMORANDUM DATE: November 19 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage, RE: Discuss and Consider Scheduled City Council Meeting on December 25 , 1990 The City Council meeting on December 25 , 1990 is Christmas Day. You will be meeting on December 11 , 1990 in regular session. Therefore, you may want to consider not meeting the second meeting in December since things are pretty well slowing down around Christmas . If you decide not to meet it will take official action . - MEMORANDUM DATE: November 19 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage ,��,46 RE: Discuss and Consider Acceptance of Final Plat for Martinez Addition, Phase II All appropriate maintenance bonds have been posted on this final plat. The plat has been reviewed by the City Staff and everything appears to be in order . Therefore, it is recommended that the City Council accept this plat to be filed with Collin County Clerk. MEMORANDUM DATE: November 15 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manag t ,4.j jtr( RE: Conduct a Public Hearing for the Purpose of Declaring Public Nuisance on Weed Lots Throughout the City and Authorize Abatement of Public Nuisance There are weed lots throughout the City that the staff has been trying to get mowed for months. We have been through the due process provision and would ask the City Council to declare the weed lots a public nuisance and order them abated . I 'm requesting authorization to receive quotes to have these weed lots cut on a contract basis and then attempt to collect from the property owner of record. If this cannot be done the charge will be assessed against property tax rolls. Attached is the list of properties . Attachment ************** :****************************** LOTS TO MOW ADDRESS OWNER k********************************************** )3 N . WINDING OAKS SAVINGS OF TEXAS 12 LIBERTY RTC )6 DOGWOOD FDIC )3 VALENTINE BANK? L0 WINDCO CIRCLE 1ST STATE BANK TEXAS 22� S . FOURTH NORMA RAGSDALE )7 DOGWOOD INWOOD NAT 'L BANK )5. DOGWOOD DON KREYMER )O DOGWOOD LOMAS BANK JAIL HOLLOW QUAIL HOLLOW/WYLIE VEN )2 N . RUSTIC TRAIL RICHARD PARKER )6 N . RUSTIC TRAIL R .C .FISHER ,INC . )5 ,107 ,109 ,111 ,113 ,117 , SAVINGS OF TEXAS 119 S .WINDING OAKS 17 S . RUSTIC TRAIL SAVINGS OF TEXAS 307 DEVONSHIRE COURTNEY MURROW 20 ,422 ,424 ,421 ,423 ,425 , R .C .FISHER ,INC . 427 WINDING OAKS )1 KYLIE CUSTOMAX , INC . 4/7 MEMORANDUM DATE: November 20 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage 4,4 /57 RE: Conduct a Public Hearilg for the Purpose of Zoning from Agriculture Usage to Panned Unit Development as Requested by Investors Network International Land Description: Located in the E. C. Davidson Survey, Abstract 266 and being part of 30 acre tract of land, as recorded in Volume 671 , Page 720 of the Collin County Deed Records . The Wylie Planning and Zoning Commission on November 5, 1990 in regular session voted to recommend approval to the City Council on the above referenced zoning change. The property is presently zoned agriculture which allows little development activity. It is surrounded by multifamily on the east and west sides , industrial on the south, and single family on the north. The proponent is proposing to develop zero lot line homes that would comply with the Single Family Residential - 3 regulations with the following exceptions . 1. Side yard - provide a zero side and six feet between buildings . 2 . Lot area - allow for a minimum lot area of four thousand square feet . 3. Lot width - allow a minimum lot width of forty feet . The relationship of the requested zoning and adjacent zoning is compatible. A community should make an effort to accommodate a variety of housing types and densities . The city would not want extensive developments of this density but a few dispersed developments are not detrimental . Two other issues have surfaced during P & Z deliberation . The first being only one access to this development. This concern appears to be resolving itself with the proposed development of Westgate Way through to Highway 544 . 4g. The other issue is the proximity of this site to the super fund site and other environmentally sensitive areas . I can only assume that the United States Government considered it safe enough to build a Postal Facility closer to the super fund site than this proposal . The Planning and Zoning Commission and City staff recommends approval of this request . Attachment: Site Location Map and Supporting Documentation • //9 r -' 1tk. LJ '$ ; 4I ; Ø •• •• ..°I;Irtift://4 i .. 1. • kP \ •.Iulmi imlli`l I i .. • r ,1+v,1 • . hilt ,..- - .. 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I I. .., .... ,•• ,••• •,• '•• •r.1 : . •••• ' ,•':(4'../.1.i•netigi. .... . • i: ' ' , .. • .. ., • .7„... .. ••• • ::. •• 1: : ,••_- ,..... ....• •• _ • .•: , •••. •.--.... • .i •) ...i .-., ..... ,., ,.-,,, -4.,,,,•„, ,I..i . •1.6 '1. •. - •i', - . : : .... •••••• • , . ....... ..,..•,..........„.,....z::,-,. ...2 ,'7., • ••••• •• ••_,7••••.! ,••:•....4.•:P•.• .. .. e tf,kr-r .. ••A, /A lh.1 1111 1 Am.A 9...... -••• REQUESTED ZONING CHANGE LETTER INFORMATION ZONING CHANGE REQUESTED BY 1'Wai ,_.K MEIN for TWIN OAKS HOMES FROM "A" — AGRICULTURAL " — TO "PD" PLANNED DEVELOPMENT LOCATION PART OF E. C. DAVIDSON SURVEY, TRACT 266 DATE LETTERS SENT 9-21-90 P & Z MEETING 10-01-90 NAMES AND ADDRESSES OF PROPERTY OWNERS AFFECTED BY ZONE CHANGE: /FOR OPPOSE 1 .DI%IE MORTGAGE LOAN CO.—BOX 593 MISSION, TX. 78572 FOR OPPOSE 2 ASTOR DEVELOPMENT CO.-5956 SHERRY LN. #1900—DALLAS, TX. 75225 FOR OPPOSE 3 . TOR DEVELOPMENT CO. ,,:,. FOR OPPOSE 4 .HOBART, IND., INC. P. 0. BOX 925, WYLIE FOR OPPOSE 5 MULLEN DEVELOPMENT, INC.-2530 ELECTRONIC LN. #712, DALLAS, TX.75220 _FOR _._,,,:SOPPOSE 6.D ENTERPRISES-200 LYNG—ALLEN, TX. 75002 FOR OPPOSE 7 .D• C. ENTERPRISES FOR OPPOSE 8 THOMAS REED-100 SUMMIT AVE.—PLANO, TX. 75074 FOR OPPOSE 9 MULLEN DEVELOPMENT, INC.-2530 ELECTRONIC LN.#712, DALLAS, TX. 75220 FOR OPPOSE 10 . DEVELOPMENT, INC.MULLE . FOR OPPOSE 11. . EAGLE READY MIX CONCRETE—RT.1 BOX 142—C, ROCKWALL, TX. 75087 FOR OPPOSE 12. FOR OPPOSE 13 . FOR OPPOSE 14 . FOR OPPOSE 15 . FOR OPPOSE 16. FOR OPPOSE 17 , FOR OPPOSE 18. FOR OPPOSE 19 . FOR OPPOSE 20. -kb ; 1ijwj ig N OWie ) 1 . d 1 CITY OF WYLIF , ,'0 __�____ ....� 2000 HWY 78 N — P.O. BOX 428 WYLIE,TEXAS 75098 214.442.2236 September 21 , 1990 PUBLIC HEARING The City of Wylie has under consideration a zoning request from Mark A . Kerstein / Twin Oak Homes for ZONING FROM Agricultural TO Planned Development . Legal Description: Located in the E .C . Davidson Survey , Abstract 266 and being. part of 30 acre tract of land , as recorded in Volume 671 , Page 720 of the Collin County Deed Records . The Planning and Zoning Commission of the City of Wylie will hold a public hearing on Monday , October 1 , 1990 at 7:00 P.M. in the Council Chambers of the Wylie Municipal Complex at 2000 Highway 78 North for the purpose of considering this zoning request . As an interested property owner you are invited to attend this public hearing and express your views with respect to this matter . Edward Richie Director of Community Development In order to be on record this form may be filled out and mailed to the City of Wylie , Community Development Department , P. 0. Box 428 , Wylie , Texas 75098. Please have written responses returned to City Hall by Thursday , September 27 , 1990. r, / a NAME (.---- ,t: ADDRESS r 'a go.& &02.0 90 PHONE NO. '7 —76 i 6 174//A ,5 TX , 73-3$o JAC Lavit. L Co/ had. ( V ) In favor of zoning of Planned 'Development ( ) In opposition of zoning of Planned Development . - Reason: l ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS , AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200 .00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of Mark Kerstein for Twin Oaks Homes should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 .That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: PLANNED DEVELOPMENT Said property being described as follows : See attached • • EXHIBIT "A" Velt.9601A:t972 SITUATED in the State of Texas, County of Collin, in the E. C. Davidson Survey, Abstract No. 266, and being part of a called 30 acre tract of land described in a deed from Cliff E. Huddleston et ux, to A. D. Boyd, as re- corded in Volume 671, Page •720 of the Collin County Deed Records, and being more particularly described as follows: COMMENCING FOR REFERENCE at %the Southwest corner of the said called 30 • acre tract in the North line of F. M. Highway No. 544 (50 feet wide); THENCE with the West line of the said called 30 acre tract, North 0° 41' • 48" West, a distance of 1939.30 feet to a point in the North line of said tract; .. THENCE with the North line of said tract, North 88° 03' 37" East, a distance of 363.90 feet to the PRINCIPLE PLACE OF BEGINNING for the herein described tract; THENCE continuing with the North line of the said tract, North 88° 03' 37" East, a distance•of 370.00 feet to the Northeast corner thereof; THENCE South 0° 37' 46" East, a distance of 957.01 feet to a point in the North line of the St. Louis & Southewstern Railroad (100 feet wide); THENCE with the North line of said railroad, South 84° 19' 55" West, a distance of 370.18 feet to a point therein; THENCE North 0° 41' 48" West, a distance of 981.06 feet to the principle place of beginning and containing 357,903 square feet or 8.216 acres of land. i I • • it SECTION 2 .That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3 .That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4 .That should any paragraph, sentence, subdivision, 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 so decided to be invalid , illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended , and upon conviction shall be fined an amount not to exceed the maximum established by State Law, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6 . It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage , as the law in such cases provides . DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 27th day of November 1990 . JOHN W.AKIN , Mayor ATTEST: Carolyn Jones, City Secretary MEMORANDUM DATE: November 20 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage ,u(.i ,v._' RE: Discuss and Consider Appro ing Preliminary Plat For Oakridge Addition The City staff has studied and reviewed this preliminary plat for Oakridge addition. This plat is in conjunction with the zoning change for Investors Network International . Since the zoning change request is a planned unit development and request includes all lot size and dimensions the plat needs to be reviewed at the same time. The City staff recommends that this preliminary plat request be approved subject to zoning change approval by the City Council . Attachment: Site Location Map • • . .� ; N BE' 03'37'E " 753.90' i -r.- O / 2 ' 3 ' 4 • 5, 6' 7 ' G ' 9 • 10• //' 12' /5' /4' /5' 1/6$ /7 • `, ; FL EMl NC STREt�"T s • ;ros a so SS io is 55' so ? . ' I2 v • ! , I 2 5 ^ o e I 13 ` ' 24 25; 2? 2/ 20 l9 IB. !7 /6 /5 /4• • /3 e) ,, ft'.1.: / 0 6 • g 7 aa' .off io 55 p ► v h RED OAK OR�Yf y b • 0 ' 95 40' - - " 10:SS .I .••. I! 9, �,, v I, ,k t, �0 ? / • 2 : 3 . 4 : 5 . 6 . 7 . B • 9 • /0 . // • /2 o •N., 1 _ .• s,'' an • :,..4 ' I • c ® Q • z /3 • Q O /4 O so. 24 23 `,?? ?l 20 19 !B 17 16 15 /4 /3 Q • • • r05 ,ao s , ,„,.......„....„,j . LANE - . /6• WKITE.. OAK ti, .� y 40 26 2 29. /7 s, !9 . 20 22 °we/ Id •" S B4'l9' S5" �" � RAILROAD LOUTS d 50WW WE5reRN -••;-li**1 T MEMORANDUM DATE: November 19 , 1990 . TO: Mayor and City Council FROM: Bill Dashner, City Manage � �.. .� RE: Discuss and Consider Fin 1 Acceptance for the Use Of The Newly Constructed Muddy Creek Interceptor Sewer Line in Order to Eliminate Two (2) Pump and Haul Locations and Activate One (1) Year Maintenance Bond In order to connect Southfork Mobile Home Park and Presidential Estates Subdivision to the new Muddy Creek Interceptor we need City Council approval for final acceptance of Muddy Creek Interceptor Sewer Line as basically complete . In order to tie in Southfork Mobile Home Park and Presidential Estates subdivision the new line has to be activated . This will eliminate two (2) pump and haul locations . The line has been inspected by the Consulting Engineer , the City on site inspector and the Director of Planning and Engineering. The only remaining item in order to fully complete this line is final sodding and seeding by the contractor in the Spring of 1991 under the supervision of Collin County Soil and Conservation Service. At a future meeting final payment will be requested and release of the 5% retainage. However, the one (1) year maintenance bond will start on November 27 , 1990 . �y� MEMORANDUM DATE: November 20, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage Wi r RE: Discuss and Consider Ca le Television Franchise Agreement and Compliance for Possible Follow Up Action On Non-Compliance With 60 Day Proper Notification Action and Other Franchise Provisions You have been informed that the current provider of cable television will increase rates very soon. When I received the notification I asked the staff to research all franchise commitments . I was particularly interested in the franchise fee and whether or not the franchise holder has been complying with all agreements with the City and the Cable Communication Act of 1984 as passed by Congress . According to staff research the original franchise was granted in 1978 . In 1980 the franchise was assigned and granted to another holder for a 15 year term as set out by a City ordinance. At the present time TCI Cablevision is paying 3% of its gross receipts to the City. This is for basic service only. The City should renegotiate the 3% fee up to 5% which is allowed by law on all cable programs not just basic service. The current ordinance provides that the gross receipts percentage can be renegotiated at the end of the agreement' s term (1995) . According to our research it does appear that TCI Cablevision of Texas did not conform with Section 23 of Ordinance 80-01 which provides that the grantee shall not sell or transfer any right or privilege under this franchise to another except with written approval of the City Council . Nor shall grantee lease more than 30% of its channel space to any one operator or group without written approval of the City Council . Apparently TCI Cablevision took over from Media Systems or Communication Services, Inc. without the approval of the City Council . Communication Services , Inc . never notified the City when they took over the franchise. Therefore, it appears that the assignment provision for change of ownership was not handled in accordance with the ordinance provision. Secondly, even with the Cable Communication Act of 1984 , the City does retain some limited right of review of basic subscriber rates . It is our opinion if the City Council does not believe the basic service rates are not reasonable the City could take the appropriate steps provided by Federal Law to terminate the franchise. t0 Furthermore, as to the question of adequate service and reasonable rates, the reader may look at Section 10 of Ordinance 80-01 . It states in (a) that "Grantee shall furnish reasonably adequate service to the public at reasonable rates and charges ; therefore, rates are to be determined by the Company and be consistence with industry rates . Grantee shall submit to Council , in writing, a notice of rate change at least 60 days prior to any change in rates charged by the Grantee for basic services, such notice to include detailed reasons for any increase in rates ." I am unsure whether or not this provision has been complied with in the past . I have attached a copy of the official notice from TCI Cablevision of Texas stipulating a rate increase effective January 1, 1991 which clearly does not comply with the 60 day notice requirement. In my opinion for the last 10 years cable television providers have not followed regulations of the City and the Federal Government . Therefore, based on staff research I am persuaded that the City should take action to notify TCI Cablevision of Texas that the franchise agreement is subject to renegotiation on the following points : 1 . Franchise Fee (Including all programming if legal) 2 . Franchise Terms (Reduce from 15 year term) 3 . Rate Adjustment (Justification for two (2) rate increases in less than one (1) year) 121A North Greenville Ave. P. O. Box 84 Allen, Texas 75002 (214)727.5723 TCI Cablevision of Texas, Inc. November 9 , 1990 Bill Dashner City Manager City of Wylie 2000 North Highway 78 Wylie, TX 75098 Dear Mr. Dashner: Officials at TCI Cablevision of Texas, Inc. have announced that effective January 1 , the new monthly rate for basic cable TV service will become $17 .35 . The additional monthly charge for Expanded Basic cable service will increase to $2 . 50. These rate increases are the result of the rising costs in over- all operating expenses to bring the community high quality, multi-channel television entertainment. The increases in operating expenses occurred across the board during the year, but most notably in property taxes, ' rising oil and gas costs, salary and benefit expense and the significant increases in programming costs for the high quality of original productions and exclusive sports programming available on cable TV. We are committed to bringing the community the finest in television entertainment possible . While doing this, we also strive to achieve high quality customer service, maintain an efficient operation and provide those investing in the company a fair return on their investment. TCI Cablevision of Texas, Inc. is owned and operated by Tele-Communications, Inc. headquartered in Englewood, CO. Sincerely, ..-7/ft-/rit"-- ..Z.Cro-X."-- Norma Wooten Office Manager Received by: . .Y?L' iLiwt..444_ Date: ris::i MEnpb EquadyM O�or(unilY ��i 6c MEMORANDUM DATE: November 20 , 1990 TO: Mayor and City Council (, FROM: Bill Dashner, City Manage ��aa4uL� RE: Discuss and Consider Awar ing Competitive Bid for Three (3) New Police Patrol Units in Accordance With Specifications and the City Budget As authorized by the City Council competitive bids were solicited. They are as follows : Hudiburg Chevrolet 1991 Chevrolet Caprice $15 ,563 per unit Ray' s Chevrolet 1991 Chevrolet Caprice $14,999 per unit TOTAL $44 ,997 Reliable Chevrolet 1991 Chevrolet Caprice $15, 199.96 per unit Greenville Ford NO BID McRee Ford DOES NOT MEET SPECIFICATIONS Prestige Ford DOES NOT MEET SPECIFICATIONS Based on the six (6) bids solicited it is hereby recommended that the bid be awarded to Ray Chevrolet for three (3) new units which total $44,997 . The City Council budgeted $40,650 for these three (3) new units . This was the budgeted estimate in August of 1990 . 4' 31 MEMORANDUM TO: Mayor and City Council FROM: Bill Dashner , City Manag ' "y/g11,--.4±7..5 DATE: November 20 , 1990 REF: Discuss and Consider Financial Report Period Ending 10/31/90 , First Month FY91 Provided under separate cover is a detailed comprehensive report on every budget account . Provided here are overall summary reports on major accounts such as General Fund , Utility Fund and Sanitation . Also included is a financial summary of all departments set out by the budgeted amount and percentage expenditures to date . in the two major accounts in October , for the General Fund, the City received $123 ,870 and expended $179 ,105 . In the Utility Fund , the City an ex e $14�, 315 .�TFie General Fund and t e Utility Fund together received $320 ,595 . The General Fund and the Utility Fund spent $319 ,420 for a positive balance of $1175 . Attachment BUDGET SUMMARY 1990-91 FISCAL YEAR PRINCIPAL OPERATING FUNDS: BUDGET ELAPSED TIME: 8. 33% PERIOD ENDING 10/31/90 : 1ST MONTH BUDGET REVENUES EXPENDITURES FUND REVISED AMOUNT % RECEIVED AMOUNT 95 BUDGET RECEIVED OF BUDGET EXPENDED EXPENDED GENERAL 3, 460,000 123, 870 3 . 58% 179, 105 5. 18% 101-450 UTILITY 2, 090, 000 196, 775 9 . 42% 140, 315 6.71% 501-521 SANITATION/OP 360, 000 25, 415 7 . 06% 2, 970 . 83% 651 *IMPACT 45, 000 3, 590 7 . 98% 3, 410 7. 58% 901 TOTAL OPERATING BUDGETS 5, 955, 000 349, 650 5. 87% 325, 800 5.47% *IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE TO NEW ORDINANCE. ACCOUNT FUNDS USED FROM PREVIOUS YEAR TO ACCOUNT FOR DEFICIT FUNDING. ALSO CAUSED BY IMPLEMENTATION OF NEW IMPACT ORDINANCE. DEPARTMENTAL EXPENDITURE SUMMARY( BY FUND BUDGET YEAR TIME ELASPED: 8. 33% - 1ST MO. PERIOD ENDING OCTOBER 31 , 1990 FUND 10 GENERAL REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 101 COUNCIL 94, 500 9, 380 9. 93% 102 CITY MANAGER 153, 500 8, 030 5. 23% 103 CITY SECRETARY 92, 000 5, 935 6. 45% 105 CODE ENFORCEMENT 99, 000 9, 685 9.78% 107 ENGINEERING 79, 500 6, 650 8. 36% 110 FINANCIAL SERVICES 245, 500 18, 550 7 . 56% 120 MUNICIPAL COURT 50, 750 4, 125 8. 13% 130 DEBT SERVICE 692, 500 -0- 0. 00% 140 BLDG. SERV. /M. COMPLEX 183,000 5, 860 3. 20% 141 BLDG. SERV. /LIBRARY 19, 250 920 4 . 78% 142 BLDG. SERV. /FIRE 17, 000 270 1 . 59% 143 BLDG. SERV. /P. WORKS 26, 500 745 2. 81% 144 BLDG. SERV. /PARKS 13, 000 300 2. 31% 201 POLICE ADMINISTRATION 80, 000 9, 060 11 . 33% 202 POLICE PATROL 521, 250 34, 145 6. 55% 203 POLICE INV. 58, 750 3, 505 5. 97% 204 POLICE REC. /COMMO. 110 , 250 9, 580 8. 69% 205 METRO WARRANT OFFICER 40, 250 3, 145 7. 81% 220 FIRE DEPT. 100, 250 2, 205 2. 20% 230 E.M. S. 116, 250 9, 685 8. 33% 301 LIBRARY 62,000 4, 495 7. 25% 310 PARKS 93,000 3, 610 3. 88% • 420 STREETS/DRAINAGE 432, 500 24, 290 5. S2% 440 GARAGE 41 , 500 2, 270 5.47% 450 ANIMAL CONTROL 38, 000 2, 665 7 .01% TOTALS 3,460, 000 179, 105 5. 18% FIGURES ROUNDED TO NEAREST HIGHEST OR' LOWEST NUMBER ON ALL SUMMARIES • • • • i • • 7 DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 8. 33% 1ST MONTH PERIOD ENDING OCTOBER 31 , 1990 FUND 20 UTILITY EXPENDITURE % EXPENDED BUDGET TO DATE 501 UTILITY ADMIN. 339, 500 5, 185 1 . 71% 502 WATER 510 ,000 40 , 170 7 . 88% 503 WASTEWATER 394 ,000 39, 045 9. 91% 510 UTILITY BILLING 199, 500 13, 700 6. 87% 515 DEBT SERVICE 605, 750 40, 835 6. 74% 520 BLDG. SERV. /M. COMPLEX 15, 500 -0- 0.00% 521 BLDG. SERV. /P. WORKS 26 , 000 750 2. 88% TOTALS 2,090 , 000 140 , 315 6. 71% DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 8 . 33% - 1ST MONTH PERIOD ENDING OCTOBER 31 , 1990 FUND 65 SANITATION/OP. REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 651 SANITATION 360 , 000 2, 970 . 83% DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 8 . 33% 1ST MONTH PERIOD ENDING OCTOBER 31 , 1990 FUND 90 IMPACT/LIFT BUDGET EXPENDITURE % EXPENDED TO DATE *901 IMPACT/LIFT 45, 000 3 , 410 7 . 58% *THE IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE TO NEW ORDINANCE. CAPITAL PROJECTS FUNDS FUND TOTAL AMOUNT % RECEIVED AMOUNT APPROPRIATION RECEIVED OF BUDGET EXPENDED EXPENDED 74 STREET 115 , 000 385 . 33% -0- 0 . 00% RECONSTRUCTION ( 74 FUND - BALANCE OF FUNDS TO BE USED ARE FROM 1988 C. O. 'S AND ASSESSMENTS COLLECTED) 91 UTILITY CONST 650 , 000 3, 980 . 61% 75. 305 11 . 59% ENGINEER TOTAL CAPITAL 765 ,000 4, 365 . 57% 75. 305 9. 84% PROJECT BUDGET DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 8. 33% - 1ST MO. PERIOD ENDING OCTOBER 31 , 1990 FUND 74 STREET RECONSTRUCTION BUDGET EXPENDITURE % EXPENDED TO DATE 741 STREET RECONSTRUCTION 115,000 -0- 0.00% . r DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 8. 33% 1ST MO. PERIOD ENDING OCTOBER 31 , 1990 FUND 91 UTILITY CONSTRUCTION BUDGET EXPENDITURE % EXPENDED & ENGINEERING TO DATE 911 UTILITY CONSTRUCTION 650 ,000 75, 305 11 . 59% & ENGINEERING I OPERATING FUND BALANCES' THE FOLLOWING IS A LIST OF THE ' PRINCIPAL OPERATING FUNDS AND THE "FUNDS AVAILABLE" AMOUNT IN THE FUND AS OF 10/31/90.* FUND *10 GENERAL i $131 , 358. 55 *20 UTILITY I $177 , 856 . 94 *65 SANITATION OPERATING $ 24 , 728. 30 **90 IMPACT/LIFT $ 16, 360. 91 $350 , 304. 70 CAPITAL PROJECT FUNDS *74 STREET RECONSTRUCTION $ 75, 552. 26 *91 UTILITY CONSTRUCTION $127 , 287. 71 $202 , 839 . 97 *EXCLUDES INVESTMENTS; EXCLUDED CHECKS IN TRANSIT NOT CLEARED **PER NEW IMPACT ORDINANCE - FUND CONSOLIDATED INTO IMPACT FUND. /� CITY INVESTMENTS AS OF OCTOBER 31, 1990 INVESTMENTS ANNUAL AMOUNT MATURED : MATURITY PER FUND INTEREST DEPOSITED AMOUNT DATE . RATE • • CD# 016547 7. 25% $99, 244. 13 : $0 .00 : 11/16/90 PROVIDENT BANK : CD# 016548 7 . 25% $97, 380 . 38 : $0. 00 : 11/19/90 PROVIDENT BANK : • • CD# 016488 7 . 25% $0.00 : $50, 297. 95 : PROVIDENT BANK : GENERAL UNRESTRICTED FUND TOTAL $196, 624. 51 : $50, 297 . 95 : • PERIMETER i STREET • 1 CD# 016517 7. 50% . ' $67 , 509. 52 : : 12/31/90 PROVIDENT BANK : CD# 016519 7 . 50% $53, 772. 87 : : 12/31/90 PROVIDENT BANK : 1 • CD# 016518 7 . 50% $99, 520. 97 : : 12/31/90 PROVIDENT BANK : CD# 016549 7 . 25% $35, 000. 00 : 11/19/90 PROVIDENT BANK : CD# 016550 7 . 25% $80,000 .00 : : 11/19/90 PROVIDENT BANK : TOTAL PERIMETER STREET $335, 803. 36 : $0. 00 : 75- 1 1 i INVESTMENTS ANNUAL AMOUNT MATURITY : MATURITY PER FUND INTEREST DEPOSITED AMOUNT DATE RATE • UTILITY DEPOSIT: • RESERVE • CD# 016570 7. 40% $85, 870 . 92 : : 11/26/90 PROVIDENT BANK : • CD# 016571 7 . 40% $98, 911 . 92 : : 11/26/90 ?ROVIDENT BANK : • TOTAL UTILITY DEPOSIT RESERVE: $184 , 782. 84 : $0. 00 : UTILITY • BOND RESERVE • . CD# 016569 7 . 40% $94, 243. 72 : : 11/26/90 TOTAL UTILITY BOND RESERVE $94, 243. 72 : $0. 00 : TOTAL RESTRICTED FUNDS $614, 829 . 92 : $0 .00 : 76 ANNUAL AMOUNT MATURITY : MATURITY GENERAL FUND : INTEREST DEPOSITED AMOUNT DATE RATE • . • 1990 BOND FUNDS: .• 3. 5MM • • U S TREASURY • • BILLS . • FEDERAL HOME . 7 . 60% : 1 , 946, 332. 84 : 1 , 955, 000.00 : 11/13/90 LOAN MORTGAGE NOTES . • (FREDDIE MAC) : . TOTAL BOND FUNDS INVESTED : $1, 946, 332. 84 : $1 , 955, 000 . 00 : FREDDIE MAC INVESTMENT OF 1990 BOND PROCEEDS INITIAL INVESTMENT $1 , 946, 332. 84, SHOWS INTEREST EARNINGS OF $13, 153. 13 - MATURITY OF $1, , 955, 000 . 00, 11/13/90 '77 MEMORANDUM DATE: November 19, 1990 TO: Mayor and City Council ,J FROM: Bill Dashner, City Manag !� RE: Discuss and Consider Final Report on Reconstruction Costs fo Cottonbelt Street Cottonbelt has been completed . The original estimated cost to do Cottonbelt was $22,000 . The final detail cost to complete this road was $26 ,605 . The City used more asphalt than was estimated and spent more on drainage work than was estimated . Status report on original $200,000 earmarked for street reconstruction : PHASE I 5 Major Streets $123 ,000 .00 KEEFER 17,539.00* COTTONBELT 26 ,605 .00* TOTAL SPENT $167,144 .00 BEGINNING FUNDS 200 ,000 .00 BALANCE $ 32,856.00 *Includes Labor Costs • • 70 MEMORANDUM DATE: November 15, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage= .._. RE: Discuss and Consider Systematic Schedule to Remove And Eliminate the Unfunded Liability of All Compensatory Time Accruals of All Department Heads I have approved a schedule for all Department Heads to remove and eliminate all compensatory time they are entitled to by official personnel records. I have received schedules from Department Heads that all this time will be eliminated by May 15, 1491 . The method to be used is mandatory time off from their duties . Needless to say this will put a strai in some critical departments of City Government but in m judgment it must be done in order to eliminate this i ordinate unfunded liability. J" (') 1 .1 Ir( o 79 MEMORANDUM DATE: November 12, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager Pk.. RE: Discuss and Consider Payment of Claim to Shipley & Inhofe, City Legal Counsel on Enviromental Issue. Attached is a claim in the amount of $5 ,066 .72 . The detailed invoice outlines specifics on the claim. With the payment of this claim to date the City has paid this law firm $20 ,476 .44 . Attachment: Invoice SHIPLEY & INHOFE ATTORNEYS AT LAW 3401 FIRST NATIONAL TOWER•TULSA.OKLAHOMA 74103 CHARLES W.SHIPLEY TELE►HONE1t1t1tt3.1730 DOUGLAS L.INHO►E TELECO►IE II 15151 Ot4.7t t1 MARK O.JENNINGS BLAKEK.CHAM►LIN JAMIt TAYLOII tOYO e 1 I 1. • City of Wylie ' Statement # 1273 Attn: James Johnson, Finance Directo October 31, 1990 P.O. Box 428 238000-0001 Wylie, TX 75098 Page 1 Accounts Receivable Balance Forward $16,243.83 Payments Received $5,825.39- Credits or Adjustments $0.00 Re: City Landfill PROFESSIONAL SERVICES RENDERED 10/03/90 BKC conf w/CWS; t/c w/Texas Attorney 0.25 26.25 General' s office 10/03/90 CWS conf w/BKC (NO CHARGE) ** 0.25 38.75 10/04/90 BKC review files; t/c w/Gurley at Texas 1.00 105.00 Attorney General' s office 10/05/90 BKC conf w/TLW; t/c w/EPA office; review 2.00 210.00 Texas statutes on inspections; review documents 10/05/90 TLW conf w/BKC (NO CHARGE) ** 0. 25 11.25 10/23/90 CWS 2 t/c' s w/Buchanan 0. 25 38.75 10/26/90 CWS review Jones & Neuse report and do 0.50 77.50 letter to Civins re same 10/29/90 BKC t/c w/J. Turner re statement; review 0.25 26.25 file ADJUSTMENT FOR "NO CHARGE" ITEMS 50.00- Champlin, Blake K. 3 .50 367.50 Shipley, Charles W. 1.00 116.25 Wagoner, Terrie L. 0.25 0. 00 Total Hours 4.75 Total For The Above Services 483.75 EXPENSES Continued City of Wylie Statement # 1273 Attn: James Johnson, Finance Director October 31, 1990 P.O. Box 428 238000-0001 Wylie, TX 75098 Page 2 EXPENSES 10/31/90 Long Distance 49.65 10/31/90 Postage 3.35 10/31/90 Photocopies 2.00 Total Expenses 55.00 Total Statement $538.75 TOTAL AMOUNT DUE $10, 7.19 NOTE: Payment was received on November 5th in the amount f $5,890.47. This will not be recorded until the next statement. The total current due, therefore, is $5,066.72.