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11-12-1991 (City Council) Agenda Packet Date Posted: Friday, November 8, 1991 Time Posted: 3:00 PM AGENDA REGULAR MEETING - CITY COUNCIL CITY OF WYLIE, TEXAS 7:00 PM - TUESDAY, NOVEMBER 12, 1991 COUNCIL CHAMBERS - MUNICIPAL COMPLEX 2000 SH 78 N CALL TO ORDER INVOCATION: Rev. David Blakey Jesus Name Pentecostal Church PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1. 1 - 17 Consider approval of minutes from meetings of September 10, September 17, September 24, September 27 and October 8, 1991. 2. 18 Consider approval of Proclamation, proclaiming week of November 21 thru November 28, 1991 as the FOURTH ANNUAL CHRISTIAN CARE WEEK in the City of Wylie . 3. 19 Consider approval of a month-to-month lease agreement, at the existing rate, with the Commissioner's Court of Collin County for office space in the Wylie Municipal Complex. 4. 20 - 22 Consider approval of a resolution nominating candidates for the Board of Directors for Collin County Central Appraisal District . 5. 23 - 26 Consider approval of Ordinance enacting Accessory Building Amendments to the City of Wylie Zoning Ordinance . 6. 27 - 28 Consider approval of Ordinance authorizing recurring "Up-Dated Service Credits" in the TMRS System. 7. 29 - 30 Consider approval of agreement between City of Wylie and County of Rockwall for fire protection for citizens in the northwest portion of Rockwall County. 8. 31 - 35 Consider approval of Interlocal Agreement with City of Rockwall for purpose of City of Wylie entering a joint bidding process for two (2) Police Patrol cars with City of Rockwall . 9. 36 - 37 Consider payment of Invoice No. 9167A from Helmberger Associates in the amount of $1,567.50 for professional services for preparation of contour map of old Wylie landfill . 10. 38 - 40 Consider approval of final payment in the amount of $5500 to Gilbert Welch for damage to his property during construction of Muddy Creek interceptor. ORDER OF PAGE BUSINESS REFERENCE BUSINESS 11. 41 - 42 Consider payment of Invoice #22746 to Hunter Associates, Inc. for professional services related to smoke testing the City's sanitary sewer system in the old section of Wylie . 12. 43 - 48 Consider proposal from Jones & Neuse, Inc. to perform 4th quarter Wylie landfill Monitoring Well Sampling, required by Texas Department of Health. Proposed "not to exceed" amount is $5700. 13. 49 - 51 Consider proposal from Lane & Associates to perform appraisal services for right- of-way acquisition along Alanis Lane, directly related to the landfill closure . Total cost of appraisals, $6500. 14. Consider authorization to seek bids for lease of equipment to be used in capping of old Wylie landfill . 15. 52 - 56 Consider rate increase for TCI Cablevision, to be effective Jan 1, 1992. 16. 57 - 59 Discuss and Consider Group Health Insurance for City employees . 17. 60 - 69 Discuss and Consider amendments to the 1,34« Personnel Policy for the City employees . 18. 70 - 79 Discuss and Consider solutions to / drainage and sanitary sewer problems for Southplace Estates . 19. 80 - 85 Discuss revised Monthly Financial Report for City of Wylie . 20. 86 - 92 Discuss and Consider Software Maintenance for Financial Computer System. 21 . CITIZEN PARTICIPATION In accordance with the Open Meeting Act, the City Council will hear comments of Public Interest from citizens residing within the City Limits of Wylie . Any discussion must be limited to placing the item on a future agenda for consideration. Wylie residents wishing to speak before Council should fill out the form provided at the back of the Chambers and should limit remarks to a maximum of five (5) minutes . ORDER OF PAGE BUSINESS REFERENCE BUSINESS EXECUTIVE SESSION 22 Recess Open Meeting 23. Convene Council into Executive Session under the Authority of Article 6252-17 V.A.C.S., Section 2, paragraph "e" pending litigation with Southfork Mobile Home Park and Choya Tapp vs. City of Wyle and City of Wylie vs . Choya Tapp. V.A.C.S., Section 2, paragraph "g" Personnel Matters - Employee violations of Personnel regulations . 24. Reconvene Council into open session. 25. Consider any action required from Executive Session. 26. WORK SESSION Recess regular business meeting and convene Council into work session. (A) Discussion of S. Ballard clean up and code compliance (requested by Councilmember) 93 - 94 (B) Discuss enforcement problems • related to the City's existing ordinances dealing with consumption of alcoholic beverages . 95 - 97 (C) Discuss City Attorney's findings regarding Tax Abatements for prospective businesses desiring to locate in Wylie . (D) Discussion of Equipment being rented (needed) in Public Works . (E) Discussion of approving accounts payable prior to payment being made (requested by Councilmember) . (F) Discussion of relocation of Public Works and Animal Shelter . (G) Disucssion of E. Brown St. parking. (H) Discuss status of Texas Department of Commerce grant and alternatives for possible solution. (I) Discuss Regional Wastewater Treatment Plant and other wastewater problems. (J) Discuss repairs to A-1 Ambulance Building. 28. ADJOURN CITY COUNCIL MEETING MINUTES SEPTEMBER 10 , 1991 The City of Wylie City Council met in regular session on Tuesday, September 10 , 1991 at 7 : 00 P .M. in the Council Chambers of 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 John Akin , Mayor Pro Tem Jay Davis , Council Members Percy Simmons , Jim Swartz , Ortie Messenger and William Martin . City Manager Bill Dashner , City Secretary Carolyn Jones , City Attorney Steve Deiter , City Engineer Paul Beaver and Building Official Rick Herzberger . Councilman Don Hughes was absent . Mayor Akin called the meeting to order and Roger Smith from the First Baptist Church gave the invocation , which was followed with the Pledge of Allegiance . APPROVAL OF THE MINUTES FROM THE JUNE 28TH AND JULY 9TH, 1991 COUNCIL MEETING: There being no corrections or additions to the minutes of June 28th and July 9th , a motion was made by Councilman Martin to approve as submitted and seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . DISCUSS AND CONSIDER 1 ,615 CITY CODE VIOLATIONS AT SOUTHFORK MOBILE HOME PARK: Notice of violations and time span for these violations to be taken care of will be given to Southfork Mobile Home Park. Inspections at the mobile home parks in Wylie will be done as follows : Southfork Mobile Home Park - done in August Glen Knoll - November Lake Ray Hubbard - December Wylie Butane - January DISCUSS AND CONSIDER APPROVAL OR DISAPPROVAL OF PRELIMINARY PLAT FOR THE PROPOSED OAKRIDGE SUBDIVISION DEVELOPMENT: The staff and Council' s main concern is a dual access , as platted now there is only one access . The Planning and Zoning Commission and City Staff recommends that the following executed permits , easements or agreements be submitted as part of the Final Plat review: a . DART permits for drainage and utility boring ; b . Offsite drainage and sanitary sewer easements at the southeast corner of the property ; c . Drainage easement to the east of proposed Fleming Street ; d . Storm sewer and open channel drainage easements in the future portion of Westgate Way west of the project ; e . R. O.W. for Westgate Way , and Fleming Street connection if required . A motion to disapprove the plat was made by Councilman Martin and seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in / favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER ESTABLISHMENT OF AN EMERGENCY PREPAREDNESS PLAN OF ACTION IN CONJUNCTION WITH COLLIN COUNTY AND APPROVE ORDINANCE , RESOLUTION AND MUTUAL AID AGREEMENT: This is an ordinance , a resolution and a mutual aid agreement to join Collin County in the Emergency Management and Emergency Preparedness Program. Mayor Akin has appointed Fire Chief Jim Lynch as the Emergency Management Coordinator for the City of Wylie . A motion was made by Councilman Messenger to approve this . Seconded by Mayor Pro Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER NOMINATING CANDIDATES TO SERVE ON THE COLLIN COUNTY CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS: A motion was made by Councilman Messenger to table this item . Seconded by Mayor Pro Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER TWO ( 2) FORMAL BID PROPOSALS FOR THE CITY OF WYLIE GROUP HEALTH AND LIFE INSURANCE COVERAGE: Mr . Joe Dickson of CIGNA addressed the Council on the number of doctors and hospitals on their list . Bob Edgin of 405 Woodhollow addressed the Council concerning the City going with CIGNA - that he (Wylie Pharmacy) was not associated with CIGNA - he has tried but was turned down . A motion was made by Councilman Messenger to table this item until a price on another prescription plan . Seconded by Mayor Pro Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER AN ORDINANCE ESTABLISHING A MAXIMUM LAWFUL PRIMA FACIE SPEED LIMIT OF FORTY-FIVE (45) MILES PER HOUR ON SANDEN BOULEVARD IN ITS ENTIRETY , WITHIN THE CITY , PROVIDING FOR THE REPEAL OF OTHER ORDINANCE IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE , PROVIDING FOR A FINE AND PROVIDING AN EFFECTIVE DATE: This ordinance will establish the official speed limit on Sander Boulevard and allow the police department to enforce the speed limit on Sanden Boulevard within the corporate limits . A motion was made by Mayor Pro Tem Davis to adopt this ordinance . Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER PROPOSAL FROM PHYSICIANS REGIONAL HOSPITAL ON INGRESS AND EGRESS TO STATE HIGHWAY 78 : Mr . Larry Wedekind , Administrator for Physicians Regional Hospital addressed the Council stating that the State does not feel there is a need for a traffic light at this location . The hospital is not in favor of a traffic light as it would hinder emergency traffic into the hospital . A motion was made by Councilman Simmons to table this item . Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER SELECTION OF AN OUTSIDE INDEPENDENT AUDITING FIRM AFTER FORMAL PROPOSALS HAVE BEEN ANALYZED TO CONDUCT THE FY91 CITY AUDIT: The City received three bid proposals to do the FY91 audit . They are as follows : AUDIT PRINTING COMPANY PRICE CAFR* REPORTS Doll , Karahal $ 15 , 000 $3 , 000 $ 150 & Company , P.C . Dallas , Texas Brosowske , Mares $ 13 , 000 $ 750 $500 Smothermon & Co . Dallas , Texas Rutledge , Crain & $ 8 , 500 $ 1 , 500 $450 Company , PC Arlington , Texas Staff recommends that the Council choose the firm of Rutledge , Crain & Company, PC out of Arlington , Texas to do the audit . A motion was made by Councilman Messenger to accept Rutledge , Crain & Company, PC as the auditors for the FY91 audit . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER FORMAL AGREEMENT FOR SERVICES BETWEEN THE CITY OF WYLIE AND DENNIS HENSLEY D/B/A PC' S AND MORE OF WYLIE FOR DATA PROCESSING AND COMPUTER SYSTEM TECHNICAL ASSISTANCE: This is a contract with Mr . Hensley to provide data processing and computer system technical assistance for the City of Wylie at $ 19 . 00 per hour which includes labor and technical assistance . The engagement is for an indefinite period . Software and parts will be paid for separately . Mr . Hensley will be engaged on a hourly basis but not to exceed twenty ( 20) hours per week with prior written authorization of the City Manager . The service agreement and engagement agreement will not exceed six ( 6) months and at the end of the initial six ( 6) month engagement reconsideration will be giving to continuation of the agreement . A motion was made by Councilman Messenger to accept this contract . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER UPDATE AND PROGRESS REPORT AND CITY'S TENTATIVE PROPOSALS TO THE TEXAS DEPARTMENT OF HEALTH ON CITY LANDFILL CLOSURE: On September 5 , 1991 , City Engineer , Paul Beaver , met with the Health Department on the City' s plan to close the landfill . The Health Department is very pleased with procedures the City is following in closing the landfill . The City will have completed the last series of test at the landfill and then within two ( 2) weeks begin closure procedures . Mr . Beaver said we are not looking at something complex , but just standard closing . DISCUSS AND CONSIDER ENGINEERING AND ENVIRONMENTAL SERVICES AGREEMENT WITH JONES AND NEUSE , INC: In order to continue the engineering services and environmental services of Jones and Neuse the City needs to approve a new contract . We need their services to get us to the September 30 , 1991 State Department of Health requirements . This contract covers the scope of work to be done in six areas at a projected cost of $ 14 , 525 . Councilman Swartz made a motion to continue with Jones and Neuse and approve this contract . Seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER IMPACT OF HOUSE BILL NUMBER ELEVEN ( 11 ) ON SOLID WASTE DISPOSAL COST: During the last couple of days they were in session the Texas Legislature passed and the Governor signed, House Bill Number Eleven ( 11 ) which imposed a significant increase on landfill operations throughout Texas . The increase is from . 17 per cubic yard of compacted waste up to . 50 a cubic yard . The City provider Browning Ferris Industries has indicated that this state mandated increase must be passed on to the City retroactive as of September 1 , 1991 . A motion was made by Councilman Messenger to table this item. Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER FORMAL — WRITTEN LEGAL OPINIONS RELATED TO THE RECORD OF PROCEEDINGS ON THE ISSUANCE OF $3 . 5 MILLION OF CERTIFICATES OF OBLIGATION IN FEBRUARY OF 1990 ; and DISCUSS AND CONSIDER FORMAL — WRITTEN LEGAL OPINIONS RELATED TO THE RECORD OF PROCEEDINGS ON THE ISSUANCE OF $ 1 , 275 , 000 OF CERTIFICATES OF OBLIGATION IN MAY OF 1988 : Questions were asked concerning the need for opinions from the Attorney and the Attorney General' s office if we violated the Open Meetings Act by sending the letter door to door of each Councilmember . Councilman Messenger requested that the following letter from his attorney become a part ` of the record and can be found at the end of this set of minutes . CITIZEN PARTICIPATION: Mayor Akin stated those wishing to address the Council to come forward at this time and state their name and address for the records and to keep their comments within five minutes . In accordance with the Open Meeting Act , the Council will hear comments of public interest , but any discussion shall be limited to placing the item on a future agenda for consideration . Steve Wright , 406 E . Stone Rd . addressed the Council on the opinions of the Certificate of Obligations . Mr . Wright also addressed the Council on a memo sent to department heads only regarding a flag pole ceremony . RECESSED REGULAR MEETING CONVENED CITY COUNCIL INTO WORKSHOP DISCUSS THE FY92 BUDGET: The City Manager stated that if the Council wanted to consider leaving the effect tax rate at . 615 it would be a loss of $64 , 422 over the recommended rate of . 63523 . Discussed having a reserve fund - not a state law - Charter says up to 5% . Budget is approximately $400 , 000 from last year , if you take 950 , 000 out that is for the landfill . The major changes were Park Department , Fire Department and City Attorney being funded . Establish a Reserve Fund in the amount of $35 , 000 with an ordinance that stipulates 100% vote of the Council before use of money . Make the following cuts : $ 10 , 000 Finance Director Salary - reduce by two months $32 , 000 Firemen/Police Lieutenant - fund for only 9 months $27 , 000 Reduce Cost of Audit and New Computers and Software $ 100 , 000 Cut out replacing tanks at Service Center $ 12 , 000 Reduce Cost of Group Medical Insurance $40 , 000 Reduce Merit Increases to 1 . 5% Reduce ad valorem tax revenues to reflect no tax increase . Delete the $ 180 , 000 bond transfer to subsidy the utility fund . There being no other business for discussion , a motion was made to adjourn . John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary 1,1 Law Office of TIMOTHY S. ROBINSON Timothy S. Robinson Attorney and Counsellor at Law 500 N. Central Expwy. Suite 508 Plano, Texas 75074 214/423-9616 September 5, 1991 Bill Dashner Don Hughes 2000 N. Highway 78 408 Hilltop Wylie, Texas 75098 Wylie, Texas 75098 William Martin Jay Davis 402 Hilltop 102 W. Brown Wylie, Texas 75098 Wylie, Texas 75098 Percy Simmons John W. Akin 200 Rushcreek Drive 303 W. Keefer Wylie, Texas 75098 Wylie, Texas 75098 Re: Potential violations of Art. 6252-17 of §2(1) , §3A(h) , and §4(a) and (b) of the Open Meetings Law which prohibit governmental bodies from holding meetings which are closed to the public Gentlemen: Please be advised that I have been retained by Mr. Ortie Messenger and Mr. Jim Swartz to assist them in addressing the above-referenced matters. On Saturday, August 31, 1991, and Tuesday, September 3, 1991, my clients were requested by a police officer of the City of Wylie to sign memorandum requesting an opinion from the city attorney into actions of the 1988-90 City Council of the City of Wylie. The officer was instructed to have each councilman sign the memorandum and was also instructed not to allow the signaturee's to copy either memorandum. Given the fact that these requests may be in violation of the above cited provisions of the Open Meetings Law, my clients refused to sign the documents. As each of you should be aware, the above-described conduct could arguably violate §2(1) , §3A(h) and §4 . (a) , (b) of Art. 6252- 17 of the Open Meetings Law. The following are the provisions which may have been violated: §2(1) Whenever any deliberations or any portion of a/Ieeting are closed to the public as permitted by this Act, no final c:\wp51\tim\client.let - Page 21 ICJ are closed to the public as permitted by this Act, no final action, decision, or vote with regard to any matter considered in the closed meeting shall be made except in a meeting which is open to the public and in compliance with the requirements of Section 3A of this Act. §3A(h) Notice of a meeting must be posted in a place readily accessible to the general public at all times for at least 72 hours preceding the scheduled time of the meeting, except that notice of a meeting of a state board, commission, department, or officer having statewide jurisdiction, other than the Industrial Accident Board or the governing board of an institution of higher education, must be posted by the Secretary of State for at least seven days preceding the day of the meeting. In case of emergency or urgent public necessity, which shall be expressed in the notice, it shall be sufficient if the notice is posted two hours before the meeting is convened. Provided further, that where a meeting has been called with notice thereof posted in accordance with this subsection, additional subjects may be added to the agenda for such meeting by posting a supplemental notice, in which the emergency or urgent public necessity requiring consideration of such additional subjects is expressed. In the event of an emergency meeting, or in the event any subject is added to the agenda in a supplemental notice posted for a meeting other than an emergency meeting, it shall be sufficient if the notice or supplemental notice is posted tow hours before the meeting is convened, and the presiding officer or the member calling such emergency meeting or posting supplemental notice to the agenda for any other meeting shall, if request therefor containing all pertinent information had previously been filed at the headquarters of the governmental body give notice by telephone or telegraph to any news media requesting such notice and consenting to pay any and all expenses incurred by the governmental body in providing such special notice. The notice provisions for legislative committee meetings shall be as provided by the rules of the house and senate. §4(a) Any member of a governing body who wilfully calls or aids in calling or organizing a special or called meeting or session which is closed to the public, or who wilfully closes or aids in closing a regular meeting or session to the public, or who wilfully participates in a regular, special, or called meeting or session which is closed to the public where a closed meeting is not permitted by the provisions of this Act, shall be guilty of a misdemeanor and on conviction is punishable by a find of not less than $100 nor more than $500 or imprisonment in the county jail for not less than one month nor more than six months, or both. §4(b) Any member or group of members of a governing body who c:\wp5l\tim\client.let - Page 22 conspire to circumvent the provisions of this Act by meeting in numbers less than a quorum for the purpose of secret deliberations in contravention of this Act shall be guilty of a misdemeanor and on conviction is punishable by a fine of not less than $100 nor 0 or month normorest in the than six county jail for not less than one months or both. My clients are concerned that these actions may violate the Open Meeting Law, and if so, could possibly subject them, as well as other members of the city government, to fines as well as imprisonment. They are especially concerned with the most 'recent developments since these actions deprive the Citizens of Wylie the opportunity to participate in the legislative process clientswhich is refused guaranteed to every citizen. For this reason, mythis letter, to sign the above-referenced memorandum and, by formally request that ( 1) copies of both memorandum be produced ( 2) a public hearing be held on the issues raised in each memorandum, and if necessary, (3 ) an advisory opinion be requested of the attorney general as to the propriety of this action. Due to the seriousness of this matter, my clients respectfully request that a public hearing be held to properly address the issues currently being considered. Very t my yours, of y . Rob son TSR/j k c:\wp51\tim\client.let - Page 23 , U CALLED CITY COUNCIL MEETING MINUTES SEPTEMBER 17 , 1991 The City of Wylie City Council met in regular session on Tuesday , September 17 , 1991 at 7 : 00 P .M. in the City Council Conference Room of 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 John Akin , Mayor Pro Tem Jay Davis , Council Members Percy Simmons , Jim Swartz , Ortie Messenger and William Martin . City Manager Bill Dashner , City Secretary Carolyn Jones , and City Attorney Steve Deiter . Councilman Don Hughes was absent . Mayor Akin called the meeting to order and gave the invocation . CONSIDER ACTION TO REMOVE CITY MANAGER, BILL DASHNER AND/OR CONSIDER RECESS OF OPEN MEETING FOR PURPOSE OF CONVENING COUNCIL INTO EXECUTIVE SESSION: Councilman Simmons made a motion for an Executive Session and Councilman Martin seconded it . The motion carried with all in favor . The council convened into Executive Session at 7 : 01 P .M. Reconvene open meeting at 7 : 55 P .M. CONSIDER ANY ACTION NECESSARY FROM EXECUTIVE SESSION: Councilman Messenger made a motion to terminate City Manager Bill Dashner effective September 23 , 1991 . Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - against , Councilman Swartz - in favor , Councilman Martin - against , Councilman Messenger - in favor and Councilman Simmons - in favor . The motion carried with four ( 4 ) in favor and two ( 2) against Mayor Akin read a letter from Bill Dashner as follows : MEMORANDUM DATE : September 17 , 1991 TO : City Council FROM: Bill Dashner , City Manager RE: Notice of Appeal on Termination In accordance with Article IV, Section 1 , Subsection C this will serve as notice that within five ( 5) days from today ( September 17 , 1991 ) I will be filing an appeal of the City Council decision to terminate me . This notice will be filed prior to September 22 , 1991 . There being no other business for discussion a motion was made to adjourn the meeting , with all in favor , at 8 : 00 p .m . John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary CITY COUNCIL MEETING MINUTES SEPTEMBER 24 , 1991 The City of Wylie City Council met in regular session on Tuesday September 24 , 1991 at 7 : 00 P .M. in the Council Chambers of 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 John Akin , Mayor Pro Tem Jay Davis , Council Members Percy Simmons , Don Hughes , Jim Swartz , Ortie Messenger and William Martin . Acting City Manager Carolyn Jones , Secretary Barbara LeCocq , City Attorney Steve Deiter and City Engineer Paul Beaver Pastor Mark Ellis from the Shiloh Baptist Church delivered the invocation and it was followed with the Pledge of Allegiance led by Councilman Don Hughes . DISCUSS AND CONSIDER APPROVAL OF THE MINUTES OF THE JULY 16TH AND 23RD CITY COUNCIL MEETINGS: Councilman Hughes made a motion that the minutes be accepted without any additions or deletions . Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF A RESOLUTION FOR MENTAL ILLNESS AWARENESS WEEK — OCTOBER 6 — 13 , 1991 : There was no one present to accept this resolution . The Mayor said he had received a proclamation from the Greater Dallas Crime Commission supporting Red Ribbon Campaign - Proud to Be Drug Free . Councilman Swartz made a motion that we approve the resolution for Mental Illness Awareness Week - October 6-13 , and include the proclamation for the Greater Dallas Crime Commission supporting the Red Ribbon Campaign . Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER AUTHORIZING SEALED COMPETITIVE BIDS FOR EMPLOYEE GROUP HEALTH AND LIFE INSURANCE: The bid specifications ask for preventive care medicine , prescription co-pay , dental plan and double annual salary for the life A D & D. Councilman Hughes made a motion that we seek bids for employee group health and life insurance . Seconded by Council Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER TEXAS WATER COMMISSION LETTER IN RELATION TO UNDERGROUND STORAGE TANKS AT CITY SERVICE CENTER SITE : City Engineer , Paul Beaver explained the meaning of the letter from the Texas Water Commission . It basically relates to the monitoring wells result that we got back in August and forwarded to the State . What it basically says is that they believe possibly there may be some leakage coming from those tanks . The City Engineer met with the State , in Austin , on the 16th and took some additional data related to this and asked them to evaluate that information and I am waiting to hear back from them. If in fact we do have to take the tanks out in the near future we need to be in a position to do so . As soon as the Commission tells you I/O to take out the tanks you will have to take them out . There is a possibility of further wells and Jones and Neuse charges about $6 , 500 to install a well . My suggestion is to get with Jones and Neuse to consolidate information . We are not covered in this year's budget for these tanks . Can this project be drawn out like the closing of the landfill? It could possibly have to be done this year . DISCUSS AND CONSIDER SELECTION OF CONSULTING ENGINEER TO PREPARE TECHNICAL PLAN TO CLOSE THE WYLIE MUNICIPAL LANDFILL IN COMPLIANCE WITH STATE HEALTH DEPARTMENT REGULATIONS: Helmberger Associates was selected to prepare an estimate on the cost of closing the landfill . We expect to hear from the State on or about October 5th . We will then have 45 days to submit our plan to the State . Councilman Swartz made a motion that we obtain a quote from Helmberger Associates . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER FINANCIAL REPORT THROUGH ELEVEN ( 11 ) MONTHS OF FY91 - PERIOD ENDING AUGUST 31 , 1991 : We are showing a positive balance of revenues over expenditures in the amount of $228 , 425 . The amended budget for this year is $6 , 034 , 460 in total revenues . We have collected to date in revenues $5 , 743 , 705 and expended $5 , 515 , 280 . We have collected over 95% of the total budgeted revenues . DISCUSS AND CONSIDER INTERLOCAL GOVERNMENTAL AGREEMENT WITH COLLIN COUNTY ON ARMORY PROJECT: At this time there is $279 , 000 on the table for the road . Collin County is putting in $ 150 , 000 , Centennial ( if we use Perimeter Street Fees ) $69 , 000 , Armory Guard , $ 50 , 000 and the City of Wylie $ 10 , 000 . There is some chance of it coming in under bid but it is a small job . Overruns could run 10% - 15% . CONDUCT PUBLIC HEARING FOR THE PURPOSE OF HEARING COMMENTS FROM THE CITIZENS OF WYLIE ON THE FY92 BUDGET: Mayor Akin made an opening statement . This budget has the entire Council' s support and we have maintained the same tax rate as last year even though values are down . We will have to absorb a water rate increase , sewer operation increase , industrial pretreatment cost , BFI sanitation service rate increase , increase in ambulance service contract . Going to cause a $ 150 , 000 to $200 , 000 bind . Mayor Akin opened the public hearing and asked those wishing to speak to come forward and state their name and address for the records and to keep their comments within five ( 5) minutes . There were no comments from the citizens . Mayor Akin closed the public hearing . DISCUSS AND CONSIDER ADOPTION OF AN ORDINANCE PUTTING INTO EFFECT ON OCTOBER 1 , 1991 THE FY92 BUDGET FOR THE CITY OF WYLIE : The budget workshop was a good cooperation effort . Wanted a workshop to discuss it further to talk about storage tanks . Councilman Martin made a motion that we accept the FY92 budget as presented . Councilman Simmons seconded the motion . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER ADOPTION OF AN ORDINANCE FOR THE TAX RATE AND LEVY UPON ALL TAXABLE PROPERTIES AS A PART OF THE FY92 CITY BUDGET: The proposed tax rate is .615 per hundred . Councilman Messenger made a motion that the tax rate be set at . 615 the same as last year . Councilman Swartz seconded the motion . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Akin stated those wishing to address the Council to come forward at this time and state their name and address for the records and to keep their comments within five minutes . In accordance with the Open Meeting Act , the Council will hear comments of public interest , but any discussion shall be limited to placing the item on a future agenda for consideration . There was no citizen participation . There being no other business for discussion , a motion was made to adjourn . John W. Akin , Mayor ATTEST: Barbara LeCocq , Secretary /c27 CITY COUNCIL MEETING MINUTES SEPTEMBER 24 , 1991 The City of Wylie City Council met in special called session on Tuesday September 24 , 1991 at 9 : 00 P.M. in the Council Chambers of 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 John Akin , Mayor Pro Tem Jay Davis , Council Members Percy Simmons , Don Hughes , Jim Swartz , Ortie Messenger and William Martin . Acting City Manager Carolyn Jones , Secretary Barbara LeCocq , City Attorney Steve Deiter and City Engineer Paul Beaver RECESS OPEN MEETING INTO EXECUTIVE SESSION: Councilman Hughes made a motion that we adjourn into executive session . Seconded by Councilman Martin . Mayor Akin recessed the open meeting into executive session at 9 : 03 P .M. Mayor Akin reconvened the open meeting at 9 : 15 P.M. CONSIDER ANY ACTION NECESSARY FROM EXECUTIVE SESSION: Councilman Messenger made a motion to terminate City Manager Bill Dashner which was effective at 5 : 00 P .M. on September 23 , 1991 . Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - against , Councilman Swartz - in favor , Councilman Martin - against , Councilman Hughes - against , Councilman Messenger - in favor , and Councilman Simmons - in favor . There being no other business for discussion , a motion was made to adjourn . John W. Akin , Mayor ATTEST: Barbara LeCocq , Secretary CITY COUNCIL MEETING MINUTES SEPTEMBER 27 , 1991 The City of Wylie City Council met in special called session on Friday September 27 , 1991 at 4 : 30 P.M. in the Council Chambers of 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 John Akin , Mayor Pro Tem Jay Davis , Council Members Percy Simmons , Don Hughes , Jim Swartz , Ortie Messepger and William Martin . Acting City Manager Carolyn Jones , Secretary Barbara LeCocq , City Attorney Steve Deiter , and City Engineer Paul Beaver . Councilman William Martin gave the invocation . DISCUSS AND CONSIDER AUTHORIZATION TO SEEK APPLICATIONS AND/OR RESUMES FOR THE POSITION OF CITY MANAGER, INCLUDING CLOSING DATE FOR THE POSITION: TML Prospect — will be the key item to advertise in . It comes out on the 15th and 30th. It covers more than just Texas . Discussed the job description and what it includes . Municipal experience is listed as a requirement . Will we consider the private sector? We need the City Manager to have education in the area of Municipal Government . Councilman Hughes made a motion to advertise in the TML Prospect twice , once in the TML magazine , and for it to be posted on the TML bulletin board during the convention in October at Ft . Worth and the closing date should be December 1 , 1991 . Seconded by Mayor Pro-Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro-Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor and Councilman Simmons - in favor . The motion carried with all in favor . CONSIDER FORMAL APPOINTMENT OF CAROLYN JONES AS ACTING CITY MANAGER W/PAUL BEAVER, CITY ENGINEER AND STEVE DEITER, CITY ATTORNEY AS SECOND AND THIRD IN LINE IN CASE OF MS. JONES ABSENCE: Councilman Don Hughes made a motion that Carolyn Jones be appointed as Acting City Manager with Paul Beaver and Steve Deiter being second and third in line . Councilman Martin seconded the motion . The vote was as follows : Mayor Akin - in favor , Mayor Pro-Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER PURCHASING "TABLES" AT $200 . 00 EACH (EACH TABLE SEATS 10) FOR THE DON WHITT ROAST BENEFITING THE CYSTIC FIBROSIS FOUNDATION, COBY GENT AND PATRICK FERGUSON: The City should not be spending taxpayer money to pay for these kind of things . Councilman Hughes made a motion that if you wished to attend this function give Carolyn Jones the money for your ticket ( s) . Seconded by Mayor Pro-Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro- Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor and Councilman Simmons - in favor . The motion carried with all in favor . There being no other business for discussion , a motion was made to adjourn . John W. Akin, Mayor ATTEST: Barbara LeCocq, Secretary /5/' CITY COUNCIL MEETING MINUTES October 8 , 1991 The City of Wylie City Council met in regular session on Tuesday October 8 , 1991 at 7 : 00 P .M. in the Council Chambers of 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 John Akin , Mayor Pro Tem Jay Davis , Council Members Percy Simmons , Don Hughes , Jim Swartz , Ortie Messenger and William Martin . Acting City Manager Carolyn Jones , City Attorney Steve Deiter , City Engineer Paul Beaver , Secretary Barbara LeCocq and Building Official Rick Herzberger . Father Pondant from St . Anthony' s Catholic Church gave the invocation . Councilman Percy Simmons led the Pledge of Allegiance . PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO CITY OF WYLIE FOR THE FISCAL YEAR ENDED SEPTEMBER 30 , 1990 - ACCEPTED BY PRUDENCE KLING, ACCTG. SUPERVISOR: Mayor Akin presented the certificate to Prudence Kling , Accounting Supervisor in the Finance Department . This is the second year in a row we have won this award . The Mayor thanked Ms . Kling for her years of service . PROCLAMATION DESIGNATING OCTOBER 19-17 , 1991 AS RED RIBBON WEEK IN THE CITY OF WYLIE , RECOGNIZING THE EFFORTS OF THE TEXANS' WAR ON DRUGS AND THE GREATER DALLAS CRIME COMMISSION TOWARD ELIMINATING THE ILLEGAL USE OF DRUGS: Mayor Akin read this proclamation into the record . Councilman Martin made a motion that we proclaim October 19- 17 as RED RIBBON WEEK in the City of Wylie . Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . CONSIDER ACCEPTANCE OF LETTER OF RESIGNATION FROM BRYAN GLENN , CHAIRMAN OF THE PARKS AND RECREATION ADVISORY BOARD: Council appreciates all Mr . Glenn' s efforts . Councilman Hughes made a motion that we accept Mr . Glenn' s resignation and send him a letter of appreciation . Seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . CONSIDER APPOINTMENT TO FILL THE UNEXPIRED TERM OF BRYAN GLENN ON THE PARKS AND RECREATION ADVISORY BOARD: Councilman Hughes made a motion that this item be tabled . Seconded by Mayor Pro-Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER APPROVAL OF ORDINANCE ESTABLISHING AN ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM OF GOVERNMENT RECORDS: We received a letter from the State regarding the fact that they had not received our ordinance establishing a Records Management Program . Councilman Hughes made a motion that we adopt this ordinance . Seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER APPROVAL OF AN ORDINANCE PROVIDING FOR GUIDELINES AND RESTRICTIONS CONCERNING MAINTENANCE AND USE OF SUMS COLLECTED AND HELD BY THE CITY AS "RESERVE/CONTINGENCY FUNDS" AS PROVIDED BY CITY CHARTER: Councilman Messenger made a motion that we adopt this ordinance . Seconded by Councilman Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . CONDUCT PUBLIC HEARING ON PROPOSED CHANGES TO THE WYLIE ZONING ORDINANCE NO. 85-23A, NAMELY PROPOSED CHANGE IN THE REAR YARD SETBACK REQUIREMENT ON ACCESSORY BUILDINGS: Mayor Akin opened the public hearing and asked those wishing to speak to come forward and state their name and address for the records and to keep their comments within five minutes . There were no comments from the citizens . Mayor Akin closed the public hearing . DISCUSS AND CONSIDER APPROVAL OF THE PROPOSED CHANGES TO WYLIE ZONING ORDINANCE NO. 85-23A, REAR YARD SETBACK REQUIREMENT ON ACCESSORY BUILDINGS . APPROVED CHANGES TO BE IN ORDINANCE FORM: Councilman Swartz made a motion that we adopt these amendments to Zoning Ordinance No . 85-23A. Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER APPROVAL OF INTERLOCAL AGREEMENT BETWEEN CITY OF WYLIE AND COLLIN COUNTY WHICH WILL EXTEND SPRINGCREEK PARKWAY TO SOUTH SIDE OF COTTON BELT RAILROAD AND PROVIDE SERVICE TO PROPOSED ARMORY : Councilman Hughes made a motion that we approve this interlocal agreement between the City of Wylie and Collin County for the Armory project . Seconded by Mayor Pro-Tem Jay Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER APPROVAL OF SEWAGE TREATMENT SERVICES CONTRACT BETWEEN NTMWD, CITY OF WYLIE AND CITY OF MURPHY: This is the project which has been discussed on several occasions by the City Council in open meeting . The City Engineer has recommended your consideration of this contract at this time and feels if the agreement is implemented , the result will be a positive cash flow for the City of Wylie . Mr . Riehn from NTMWD brought in a signed contract from Murphy this afternoon . Councilman Swartz made a motion that we approve this contract . Seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . DISCUSS AND CONSIDER PROPOSED LANDFILL CLOSURE CONTRACT FROM HELMBERGER ASSOCIATES: This contact is offered by Helmberger Associates in accordance with your direction at the last City Council meeting . The City Engineer has c' reviewed the contract and recommends approval . The four phase contract will not exceed $46 , 500 . Councilman Martin made a motion that this contract be approved . Seconded by Mayor Pro-Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Akin stated those wishing to address the Council to come forward at this time and state their name and address for the records and to keep their comments within five minutes . In accordance with the Open Meeting Act , the Council will hear comments of public interest , but any discussion shall be limited to placing the item on a future agenda for consideration . Joe Masters of 110 Douglas addressed the Council on drainage problems around his property, about the condition of Douglas Street and would like to have speed limit posted and "children playing" signs . RECESSED REGULAR BUSINESS MEETING AND CONVENED COUNCIL INTO EXECUTIVE SESSION UNDER THE AUTHORITY OF ARTICLE 6252-17 V.A.C .S , SECTION 2 , PARAGRAPH "E" TO DISCUSS LITIGATION CHOYA TAPP V. CITY OF WYLIE AND CITY OF WYLIE V. CHOYA TAPP: RECONVENE OPEN MEETING Councilman Simmons made a motion that we authorize the City Attorney to negoitate a settlement in the City of Wylie v . Tapp lawsuit . Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . The motion carried with all in favor . RECESSED REGULAR BUSINESS MEETING AND CONVENE COUNCIL INTO WORK SESSION: Discussed the possibility of the need for a new Public Works facility and the definite need for new heavy equipment . Also discussed the possibility of having to replace underground gasoline storage tanks at the service center . Discussed the need for replacement of City Lift Station at NTMWD site . Also discussed the details and need for computer programming in the Finance Department . Looked at and discussed proposed amendments to the Personnel Policy. Reviewed the 1991-92 budget and reviewed the extension of Pirate Drive . There being no other business for discussion , a motion was made to adjourn . John W. Akin , Mayor ATTEST: Barbara LeCocq, Secretary 7 awe of the Mayor II IJ giii , 'txtto Proclamation / WHEREAS, the Christian Care Center has been established to help citizens in our Community; and, WHEREAS, the Christian Care Center is seeking donations for staples, and each Church and each citizen of the community will be asked to donation certain items; and, WHEREAS, the Christian Care Center is requesting the week of November 21st thru November 28th, 1991 to be the Fourth Annual CHRISTIAN CARE WEEK benefiting Wylie Community Christian Care Center; and, NOW, THEREFORE, I , JOHN AKIN, MAYOR, of the City of Wylie, Texas do hereby proclaim the period of November 21st thru November 28th, 1991 as the FOURTH ANNUAL CHRISTIAN CARE WEEK benefiting Wylie Community Christian Care Center, with special activities and benefits each day of this week. Ji! (l*lt/lES1 witeteof Li gave /uzcunto set my land and caused ais leaf to Ge affixed. JOHN W. AKIN, MAYOR AT TEST. Carolyn Jones, City Secretary tivt RATE November 12, 1991 ` •PrNrnft $ H & MODERN rNINtINCIC0.6 !$IHAM,e AL, • ;: fir' t Facilities Manager October 15, 1991 Mr. Jim Holcom Manager of Purchasing City of Wylie P.O. Box 428 Wylie, Texas 75098 Dear Mr. Holcom: As we discussed on Monday October 14 , 1991, the Commissioners ' Court of Collin County is interested in continuing the existing lease agreement for office space in The Wylie Municipal Complex. The Court has requested that the contract be amended to a month-to-month lease at the same rate. The approval of the City Council will be greatly appreciated. Please let me know if the month-to-month amendment to the lease is agreeable as soon as you can so that the monthly payments can continue on schedule. I look forward to hearing from you. Sincerely, Glen E. fro Facilit es Manager GER:nj cc : Clarence Daugherty Mason Strong Pasco Parker McKinney, Texas 75069 • (214) 548-4176 • Metro 231-7170 RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE , WYLIE , TEXAS NOMINATING CANDIDATES FOR THE BOARD OF DIRECTORS FOR COLLIN COUNTY CENTRAL APPRAISAL DISTRICT . WHEREAS , the City of Wylie has 40 votes to cast on the ballot for the candidates for the Board of Directors for Collin County Central Appraisal District ; and , WHEREAS , the City Council of the City of Wylie must nominate these candidates in an open meeting ; and , NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS , SECTION 1 That the City Council of the City of Wylie will have forty votes (40) for the candidates nominated to serve a two year term term beginning on January 1 , 1992 and may cast of its votes for one candidate or distribute the votes among any number of the canidates listed . SECTION 2 The candidates are as follows ; Linda K. Engle Dr . Leo Fitzgerald Anthony Geer Donald P. Rodenbaugh Jack Scott , Jr . Moses Shillow Bob Shinn Hal Stringer James H. Williams DULY PASSED AND APPROVED ON THE DAY OF NOVEMBER 1991 . APPROVED: John Akin , Mayor ATTEST: Carolyn Jones , City Secretary APPROVED AS TO FORM: CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY 1024 S. Greenville #120 Alen, Texas 75002 214/390-7990 FAX 214/390-7498 214/542-0306 OFFICIAL BALLOT ISSUED TO: City of Wylie NUMBER OF VOTES: 40 FOR: BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. LINDA K. ENGLE VOTES DR. LEO FITZGERALD VOTES ANTHONY GEER VOTES DONALD P. RODENBAUGH VOTES JACK SCOTT, JR. VOTES MOSES SHILLOW VOTES BOB SHINN VOTES HAL STRINGER VOTES JAMES H. WILLIAMS VOTES e. a404A--- OCTOBER 18, 1991 Jimmie C. Honea, Chief Appraiser a _ _ Section 6. 03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore, please attach a copy of the resolution to this ballot and return to the Chief Appraiser, at 1024 S. Greenville Ave. #120, Allen, Texas 75002, no later than November 15, 1991. , r%`' CENTRAL APPRAISAL DISTRICT . - ` OF COLLIN COUNTY 1024 S. Greenville #120 Allen, Texas 75002 214/390-7990 FAX 214/390-7498 214/542-0306 October 18, 1991 Bill Dasher, City Manager City of Wylie P. 0. Box 428 Wylie, TX 75098 Dear Mr. Dasher: Enclosed you will find the ballot listing the nominees for the Board Of Director positions for the Central Appraisal District of Collin County. The candidates are listed alphabetically by their last name. Each voting unit must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser by November 15, 1991. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the Chief Appraiser may not count votes for someone not listed on the official ballot. Sincerely, t5Z;frA.,-,0" .e Jimmie C. Honea Chief Appraiser JCH/dlw Enclosure c71p7 MEMORANDUM DATE : October 25 , 1991 TO : Carolyn Jones , Acting City Manag a'1 FROM: Steve Deiter , City Attorney �� RE : Ordinance Enacting Accessory Building Amendments To Zoning Ordinance I am forwarding herewith an ordinance for consideration and passage by the Council at the next meeting . The changes set out in the ordinance were approved by the council at its October 8, 1991 , meeting . The ordinance has been reviewed and approved by Rick Herzberger . If you have any questions please advise . ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS , AMENDING SECTIONS 9 , 10 , 11 , 12 , AND 25 OF ORDINANCE NUMBER 85-23A, AS HERETOFORE AMENDED (THE COMPREHENSIVE ZONING ORDINANCE) BY CHANGING CERTAIN REGULATIONS THEREIN PERTAINING TO THE SIZE , LOCATION, AND HEIGHT OF ACCESSORY BUILDINGS ; PROVIDING A REPEALING CLAUSE ; PROVIDING FOR A SEVERABILITY CLAUSE ; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the Planning and Zoning Commission of the City of Wylie has , after first having complied with all applicable notice and hearing requirements , recommend amendment of the City' s Comprehensive Zoning Ordinance by changing certain regulations pertaining to the height , size , and location of accessory buildings , such recommended changes being hereinafter specifically set forth; and WHEREAS , the City Council conducted a public hearing concerning the recommended changes on the 8th day of October , 1991 , after having first given due proper notice of such hearing in accordance with the City' s ordinances , charter , and state law; and WHEREAS , the City Council has determined that the recommended changes fall within in one or more of the exceptions to the stated policy against change as stated in Section 34 of the Comprehensive Zoning Ordinance ; and WHEREAS , the City Council desires to adopt such changes and pursuant to its legislative discretion amend the Comprehensive Zoning Ordinance in accordance with such recommendations ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS , as follows : SECTION 1 . That Section 9 . 2 of the City of Wylie' s Zoning Ordinance Number 88-23A as heretofore amended , be further amended by deleting the last sentence of subparagraph one ( 1 ) ( c) contain the following language "minimum rear yard for accessory building shall be not less than ten feet ( 10') from the property line" . SECTION 2 . That Section 10 . 3 of the City of Wylie' s Zoning Ordinance Number 85-23A, as heretofore amended , be further amended by deletion of the last sentence of 10 . 3 ( 1 ) ( c) containing the following language "minimum rear yard for accessory buildings shall be not less than ten feet ( 10' ) therefrom" . SECTION 3 . That Section 11 . 3 of the City of Wylie' s Zoning Ordinance Number 85-23A, as heretofore amended , be further amended by deletion of the last sentence of 11 . 3 ( 1 ) ( c) containing the following language "minimum rear yard for accessory buildings shall be not less than ten feet ( 10') therefrom . SECTION 4 . That Section 12 . 3 of the City of Wylie' s Zoning Ordinance Number 85-23A, as heretofore amended , be further amended by deletion of the last sentence of 12 . 3 ( 1 )( c) containing the following language "minimum rear yard for accessory buildings shall be not less than ten feet ( 10') therefrom . SECTION 5 . That Section 25 of the City of Wylie' s Zoning Ordinance Number 85-23A, as heretofore amended , be further amended as follows : a . The existing Section 25 . 3 shall be deleted in its entirety and the following language inserted therefore : "An accessory building is restricted in height to 15" feet or the height of the main structure , whichever is less" . b . Existing Section 25 . 4 is deleted in its entirety and the following is inserted in place thereof : Section 25 . 4 AREA REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL AND APARTMENT DISTRICTS: 1 . Size of yards : (a) Attached front accessory building shall have a front yard not less than the main building or as specified in the particular district . Accessory buildings and carports shall be located in the area defined as the rear yard . ( b) Side yard : there shall be a side yard not less than five feet from any size lot line , alley line , or easement line ; except that adjacent to a side street the side yard shall never be less than twenty feet ( 20' ) . ( c) Rear yard : there shall be a rear yard of not less than three ( 3' ) feet from any lot line , alley line , or easement line . ( d) Attached rear yard garage and carports shall meet all code requirements for fire resistant separation from the main building as well as required rear yard setbacks . Detached rear garages and carports shall be no closer than five feet ( 5') to the main building . Detached garage shall have a twenty feet ( 20' ) rear setback. Detached carport shall have a fifteen feet ( 15' ) rear setback . ( e) All accessory buildings shall be a minimum of five feet ( 5' ) from the main building . 2. Area of Building : The maximum square foot area for any accessory building shall be six hundred feet ( 600') or less . 3 . The area regulations as specified in this section shall be an exception to the size of yards requirements as set out and established in any particular district in which an accessory building is allowed and the location of any accessory building is subject to the specific provisions of this section and not the area regulations of such particular district . SECTION 6 . That all ordinances or portions thereof , in conflict with the provision hereof be , and the same hereby are , repealed ; and all other ordinances , and portions thereof , not in conflict herewith shall remain in full force and effect . SECTION 7 . 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 parts so declared to be invalid , illegal or unconstitutional . SECTION 8 . The City Secretary is hereby authorized and directed to cause publication of the caption of this ordinance in accordance with the City Charter and the V.T.C .A . , Local Government Code , Section 52 .013 and the provisions hereof shall take effect immediately upon such publication . DULY PASSED AND APPROVED by the City Council of the City of Wylie , Texas this day of , 1991 . City of Wylie , Texas APPROVED: John Akin , Mayor ATTEST: Carolyn Jones , City Secretary APPROVED AS TO FORM: Steven P. Deiter , City Attorney PE1; a TMRS-C/R-T (6/1991) / •wir' TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF WYLIE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City of Wylie (hereinafter called the "City"), and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1, 1991, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section 853.601, both as to the initial grant hereunder and all future grants under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). (d) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. 7 Updated Service Credit/Annuity Increase Ordinance (Repeating) . . . (continued) Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the System. Section 3. Dates of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1, 1992, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. Section 4. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 1992. Passed and approved this the day of , 19 ATTEST: APPROVED: City Secretary or Clerk Mayor ATTACHMENT "A" STATE OF TEXAS COUNTY OF ROCKWALL * CITY/COUNTY AGREEMENT WHEREAS , the City of Wylie , hereinafter called "City" and the County of Rockwall , Texas , hereinafter called "County" , want to enter into an agreement for the "City" to furnish fire protection for those citizens of the "County" who reside in the non-contiguous portion or northwest corner of the "County" . That portion of the "County" to be served by the "City" is bounded on the east by Lake Ray Hubbard ; bounded to the west by the "County/Dallas County line ; bounded to the south by Liberty Grove Road and the "County/Dallas County line ; and bounded to the north by the "County/Collin County line (Attachment 1 ) ; and WHEREAS , Article 4413 ( 32c) , Vernon' s Annotated Civil Statutes , provides authorization for local governments to enter into contracts ; NOW THEREFORE , THIS MEMORANDUM OF AGREEMENT is hereby made and entered into by the "City and "County" upon and for the mutual consideration stated herein ; WITNESSETH: For each dispatch of "City fire equipment to any location within that portion of the "County" so described , from the date of this agreement through December 31 , 1992 , the "County" will pay , upon receipt of billing , the sum of seventy-five dollars , ( $75 . 00) . Said agreement shall remain in force and effect automatically renewing itself , annually , until either the County of Rockwall or the City of Wylie chooses to terminate or amend said agreement . The party desiring to amend or terminate this agreement shall notify the other party of their desires or intentions ninety ( 90) days prior to any such action in order to allow time for notice and discussion prior to action . WHEREAS , the "City" executed this Agreement pursuant to duly authorized resolution/minutes number date 1 �� the "County" executed this Agreement pursuant to Rockwall County Commissioner's Court Order No . , on this the day of , 1991 . CITY OF WYLIE By : Carolyn Jones Acting City Manager COUNTY OF ROCKWALL By : County Judge 2 c=37O i` CITY OF ROCKWALL "THE f1Ew HORI2O11" October 22, 1991 Chief Hightower City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Dear Chief Hightower: The City of Rockwall is nearing the point of advertising for bids for the purchase of Police Patrol Vehicles for the 91-92 fiscal year. For entities desiring to participate in a cooperative purchase agreement with us, we need to accomplish the following two tasks: 1 . Approval of the specifications. Specifications are attached for your review and approval. 2. Receipt of executed Cooperative Purchasing Agreements and Resolutions with each entity. Attached is a copy of an example of a resolution which needs to be approved by your governing body (City Council) and a contract agreement to be executed by an authorized officer. Please execute and return these documents as soon as possible. Please notify me at your earliest convenience at (214) 771-7700 with an approximate date your documents will be returned so that I can schedule advertising and a bid opening date. Should you need additional information or have any questions, please feel free to call. Sincerely, Allysb'n Wilson Purchasing Agent 20S Wort Ru,k Rockwall. Texas 7 S 08 7 (2 14) 7 7 1 -7 700 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS PROVIDING FOR THE USE OF AN INTERLOCAL PURCHASING AGREEMENT WHEREAS, the City of Wylie, Texas, pursuant to the authority granted by, Interlocal Cooperation Act, Article 4413 (32c) V.C.S., desires to participate in an Interlocal Purchasing agreement; and WHEREAS, the said City Council is of the opinion that participation in this program will be highly beneficial to the taxpayers of this City, through the anticipated savings to be realized through the interlocal purchase of all vehicles, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Wylie does hereby approve the use of an interlocal purchasing agreement to purchase all vehicles for the fiscal year 1991-92 and authorize the City Manager to enter into said agreement with participating entities. PASSED AND APPROVED, this day of October, 1991. APPROVED: Mayor ATTEST: City Secretary CITY OF ROCKWALL COOPERATIVE PURCHASING AGREEMENT POLICE VEHICLES THE STATE OF TEXAS COUNTY OF ROCKWALL THIS CONTRACT AND AGREEMENT, made and entered into this day of , 1991, by and between the City of Rockwall and each participating government acting by and through its respective executive officer hereunto duty authorized by resolution of the governing body. WITNESSETH : WHEREAS, the respective participating governments are authorized by the Interlocal Cooperative Act, Article 4413 (32c) V.C.S. to enter into joint contracts and agreements of the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; and WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the polices and purposes of the Interlocal Cooperation Act; and WHEREAS, the participating governments cannot normally obtain the best possible purchase price for police vehicles acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of police vehicles for the fiscal year 1991-92. NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other parties and as to all of the parties as follows: 1 . It is understood and agreed by the parties to this agreement that police vehicles may be purchased jointly for the fiscal year 1991-92. Each participating government at the time agreed upon shall designate, in writing, the quantities desired and the location for delivery. 2. Specifications for purchase of police vehicles covered under this agreement or by supplementary written agreement of the participating governments shall be prepared by the City of Rockwall and all participating governments shall agree in writing to these specifications prior to bid advertisement. 3. The City of Rockwall shall be responsible for advertisement of bids and such other administrative duties as may be necessary to facilitate processing and preparation of joint bid requests. 4. The City of Rockwall will be responsible for receiving and opening the bids. 5. The cost of advertising and any other cost incidental to the bidding shall be divided equally among the participating governments, and shall be paid to the City of Rockwall within (30) days following the submission of statements by the City of Rockwall to each participating government. 6. It is understood and agreed by all participating governments that after the receipt of the bids from prospective vendors, the bids will be examined by the City of Rockwall and it shall submit to the administrative head of each participating government a complete tabulation of all bids received and shall certify as to the lowest responsible bidder. If the City of Rockwall finds that the lowest bidder is not responsible and accordingly certifies that some other bidder is the lowest responsible bidder, it shall include an explanation and report on its findings when it transmits its tabulations and certifications. The City of Rockwall shall not certify as the lowest responsible bid any bid which indicates a specifications differing from the specifications advertised. 7. The participating governments hereto agree that if they shall award the bid to the lowest responsible bidder as certified by the City of Rockwall, it will be for items which they had previously designed for purchase. 8. The participating governments hereto agree that the ordering of police vehicles purchased through this agreement shall be their individual responsibility and that the successful bidder or bidders shall invoice each participating entity directly for the vehicles ordered by it. 9. Each participating government shall be liable to the successful bidder only for police vehicles ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. 10. Nothing in this agreement shall prevent any participating government from accepting and awarding bids for vehicles subject to this agreement individually and in its own behalf, provided however that invitations for such individual bids shall not be advertised, nor shall bids be received individually during the period in which the City of Rockwall is advertising for and receiving bids for police vehicles. 11 . The participating governments hereto agree that once the specifications have been prepared and approved by the City of Rockwall that no changes will be made during the period of advertising except in the case of error or omission. No change may be made without the approval of the City of Rockwall. Nothing herein shall be deemed to prevent changes in specifications in subsequent purchases. The City of Rockwall assumes no financial responsibility for errors in the specifications or in publication. 12. Specifications shall require bidder to bid patrol vehicles F.O.B. delivery points for each participating government. 13. In the event that any dispute arises between individual participating governments and a successful bidder, the same shall be handled by and between the entity and the bidder. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers thereon the day and year first above written. ATTEST: CITY City Secretary City of ATTEST: CITY OF ROCKWALL Mary Nichols Bill Eisen City Secretary City Manager, City of Rockwall MEMORANDUM TO : Carolyn Jones, Acting City Manager FROM: Paul D. Beaver, Director of Planning & Engineering DATE: November 4, 1991 SUBJECT: Engineering Services Invoice No. 9167A Helmberger Associates Contour Map of Wylie Landfill Attached is the referenced invoice from Helmberger Associates in the amount of $1 , 567. 50 for engineering services related to the preparation of a 1 ' contour map of the old Wylie Municipal Landfill . Payment is recommended. Please place this on the next Council Agenda. HELMBERGER ASSOCIATES [11AVOKE tt,,f CIVIL AND ENVIRONMENTAL ENGINEERS i,S,,,� � t .! Fig , R1 DQXO 5.1 r r I �f,1iS„1 (214)442-7459 ., I i l i ! li ��"l I' .i ! �'ii r . • WO City of Wylie INVOICE NO. : 9167A . 2000 Highway 78 North PN,# : 9167 P.O. Box 428 DATE : OCTOBER 8, 1991 Wylie, Texas 75098 Attn: Mr. Paul Beaver, P.E. , Director of Planning and Engineering Professional services rendered for preparation of a 1 ' con- tour map of the old Wylie Municipal Landfill. FOR PROFESSIONAL SERVICES RENDERED THROUGH 10-30-91 AMOUNT AUTHORIZED 9/13/91 $3,775. 00 ADDITIONAL AMOUNT AUTHORIZED 10/8/91 FOR BOUNDARY SURVEY $ 850.00 TOTAL AMOUNT AUTHORIZED $4, 625. 00 AMOUNT PREVIOUSLY BILLED $3 , 057.50 AMOUNT DUE THIS INVOICE $1,567.50 Inv.#9167A JEH (A.95 ,QiNtk\i'PN,0, WHITE•ORIGINAL YELLOW-REMITTANCE COPY PINK-FILE MEMORANDUM TO : Carolyn Jones, Acting City Manager FROM: Paul D. Beaver, Director of Planning & Engineering VICS DATE: October 30, 1991 SUBJECT: Gilbert Welch claim Final Payment Attached is an invoice from Gilbert Welch dated October 13, 1991 in the amount of $5, 500 which is the third and final payment on a $16, 500 claim to the City of Wylie for damage to his property during the construction of the Muddy Creek Interceptor. The property has been inspected for proper grass restoration and approval was received from the Soil Conservation Service on October 24, 1991 . Payment is recommended and will release the City of Wylie from any additional legal obligations to Mr . Welch regarding his claim. Please place this payment request on the November 12, 1991 City Council Agenda. October , 13 , 1991 Mr . Paul Beaver City of Wylie Engineering Department P. 0. Box 428 Wylie , Texas 75098 Dear Mr . Beaver : In accordance with your letter dated March 15, 1991 , your third and final payment in the amount of $5 , 500. 00 is now due. As you know, on October 4 , 1991 SCS made their final inspection reguarding the quality of grass stand established on the related property . After this inspedtion SCS stated that they were completely satisfied and no further inspections would be necessary . You should have by now received their written confirmation . Thank you for your prompt attention to this matters . Sincerely , , " r // L /f / f' Gilbert L. Welch 4611 � ..............__..___ �... , I L. ICollin County Soil and Water Conservation District #53511\ "'I ? 1991 • 404 A East McKinney Parkway •._. _._. ... McKinney, Texas 75069 DIRECTORS R.M.SI-IERLEY ROBERT L.KING ERNEST SCHOLZ Bonin meets Box 868,McKinney,TX 75069 Box 836,Celina,TX 75009 P.O.Box 1042,Wylie,TX 75098 1st loesdny night of each month BILL RASOR KENNETT M.LeFORGE !loom Z04•A. I. McKinney Parkway RI.1,Box 33,Allen, TX 75002 RI.1,Box 249,Blue Ridge,TX 75004 McKinney, Texas 7.00 p.m. CST/8:00 p.m. COT October 24, 1991 Mr . Paul Beaver, PE City of Wylie P.O. Box 428 Wylie , TX 75098 RE: Sites 4 & 7, Rowlett Creek Watershed — Vegetation Dear Mr . Beaver, After meeting with you on October 4, 1991 and inspecting the vegetation on Sites 4 & 7, Rowlett Creek , this letter is to certify that the Soil & Water District does consider the sites complete . An excellent stand of bermudagrass was present on both sites . They appear to be in good condition providing settling does not occur in the future . If the sites should settle , the City of Wylie will be responsible for repairs. If we may be of any further assistance on this project or others in the future , please contact us . Sincerely , Ernest Scholz Chairman cc : Elisha Kuehn, DC, SCS, McKinney, TX MEMORANDUM TO: Carolyn Jones, Acting City Manager FROM : Paul D. Beaver, Director of Planning & Engineering Pa DATE: November 7, 1991 SUBJECT: Professional and Technical Services Smoke Testing Invoice No. 22746 Hunter Associates, Inc. Attached is the referenced invoice from Hunter Associates, Inc. in the amount of $1 , 739. 12 for engineering services related to Smoke Testing the City' s Sanitary Sewer System in the old section of the City of Wylie. Payment is recommended. Please place this on the next Council Agenda. / Pay rhia INVOICE f tit.?,;/ „r ;1 •� //// ' /� �.. HUNTER ASSOCIATES, I NC . Page 1 of 1 I EN(31 NEERS/PLANNERS/SURVEYORS ' MLuks AUST I N Invoice No. 2 27 4 6 214-300-9171 512-454-9710 Date: October 30, 1991 To: The City of Wylie ATTN: Mr. Paul D. Beaver Your Job No. P.O. Box 428 Wylie, Texas 75098 Our Job No. D91034E C\C 00038-HBJ For professional and technical services as required for Smoke Testing the City's Sanitary Sewer System in the old section of the City of Wylie. This work was requested by Mr. Paul Beaver. PAY PERIOD DESCRIPTION LABOR MATERIALS 10-31-91 Engineer ( 4 Hrs. @ $ 70/Hr. ) $ 280. 00 Technician (39 . 5 Hrs. @ $ 17/Hr. ) 671. 50 Mileage (333 Hrs. @ $ 0. 25/mile) $ 83 .25 Smoke Bomb (11. 5 Box @ $ 49. /box x 1.25 704 .37 Sub-Total $ 951. 50 $ 787.62 TOTAL AMOUNT DUE THIS INVOICE $ 1,739. 12 Please Return Enclosed Copy With Remittance To: HUNTER ASSOCIATES, INC. 8140 WALNUT HILL LANE SUITE 500 DALLAS, TEXAS 75231-4350 Total This Invoice $ 1,739. 12 MEMORANDUM TO : Mayor John Akin City Council Members FROM: Paul D. Beaver, Director of Planning & Engineering P," DATE: November 5, 1991 SUBJECT: Proposed 4th Quarter Landfill Monitoring Contract Jones & Neuse, Inc. Attached is a copy of a proposal from Jones & Neuse, Inc. to perform the 4th Quarter Wylie Landfill Monitoring Well Sampling which is required by the Texas Department of Health letter dated August 15, 1991 . The proposed not to exceed amount is $5, 700. The Landfill continues to move forward toward a March 1 , 1992 targeted closure date. This contract will produce data that substantiates a minimum requirement closure process . Approval is recommended. [JN JUINLJ AJNL) IVLLJ ,t, IIVL.. Environmental and Engineering Services October 23, 1991 Ms. Carolyn Jones Acting City Manager City of Wylie P.O. Box 428 I ► Wylie, Texas 75098 Attention: Mr. Paul Beaver Re: Proposal and Authorization for Engineering and Environmental Services P9i 0905 Dear Ms. Jones: Jones and Neuse, Inc. (JN) is pleased to have the opportunity to submit this proposal to the City of Wylie for performing engineering and environmental services related to addressing the requirements for sampling monitoring wells at the City of Wylie landfill required for the fourth calendar quarter of 1991 as itemized in the Texas Department of Health's (TDH) letter to the City of Wylie dated August 15, 1991. I previously sent a JN Qualifications Statement and a partial listing of similar projects undertaken by JN. If you require further information concerning our qualifications, please let me know. After evaluating the information in the letter from TDH to the City of Wylie dated August 15, 1991, I have prepared the attached proposal to address TDH's requests for sampling. The scope of work required includes collecting ground-water samples for the fourth calendar quarter of 1991. As indicated on page 2, paragraph 2 of TDH'S letter, we may have to wait up to 72 hours to collect samples from some monitoring wells after they have been purged. However, based on well productivity observed during the third calendar quarter sampling, I believe the wells can be sampled in less than 72 hours; therefore, I have not factored this requirement into the cost of the project. As indicated in the TDH's letter, specific wells must be sampled during the fourth calendar quarter for groups one, two, three, and four on TDH's monitor well report form SE65. The estimated cost to address the items discussed above is approximately $5,700. I have attached a line item cost estimate as requested in your letter dated August 27, 1991. Please understand that this estimate is based on immediate recovery of the wells so that sampling may proceed without undue delay. If recovery is retarded (the wells required three days to recover after installation) some additional field time may be required to complete the sampling. I have enclosed two copies of a work order for this project. If you desire to proceed with the work and concur with the terms and conditions of the agreement and with the scope provided in the work order, please sign the contract documents and return one executed copy of each to us. 11811 East Freeway, Suite 275 Houston,Texas 77029 713-450.1882 Ms . Carolyn Jones Acting City of Wylie October 23, 1991 Page 2 If you have any questions or comments, please do not hesitate to call. We look forward to a successful and lasting relationship. Sincerely, JONES AND NEUSE, INC. J. David Buchanan Environmental Services Manager Gulf Coast Region JDB/jdb Wylie3.pro.21 Enclosures WORK ORDER 028906 QUARTERLY SAMPLING FOR THE THIRD CALENDAR QUARTER WYLIE LANDFILL MONITOR WELLS This work order addendum constitutes authorization by the City of Wylie (Client) for Jones and Neuse, Inc. (JN) to proceed with the following scope of services as required , by the Client: ADDITIONAL SCOPE This additional scope will provide for fourth calendar quarter sampling of monitor wells at the City of Wylie landfill in Wylie, Texas. Services provided by JN will include the following: 1. Fourth calendar quarter sampling during 1991 for monitoring wells numbers MW-12, MW-13, and MW-14. Ground-water elevations will be determined for all wells and piezometers onsite. 2. Analysis of fourth calendar quarter samples and one field blank (four samples total) for TDH groups I, II, III, IV as indicated on TDH ground water monitoring report form SE65. 3. Prepare a ground-water sampling report to detail the site sampling activities for the third quarter and report results of sample analyses. The Client will provide the following: 1. Access to the site This scope does not include the following services. If required, these services would be performed at additional cost: 1. Disposal of water produced from the wells during sampling 2. Additional sampling of monitoring wells during subsequent calendar quarters 3. Analysis of additional samples and/or analysis of additional parameters TERMS AND COMPENSATION Work shall be performed under the terms and conditions in the October 30, 1990, Professional Services Agreement between Client and JN. Compensation for services described in the scope shall be on a time and materials basis in accordance with the flat JONES h NEUSE LINE ITEM COST ESTIMATE Fourth Calendar Quarter Sampling Project Items A. Subcontractor testing $ 1,610. B. Technical Evaluation 2 288 C. Project Management 270. D. Travel and Per Diem 585. E. Incidentals 200. Subtotal $4,953. Contingency 15$ $ 747. Total $ 5,700. Profit 20% on JN labor $ 2,230.7 Overhead rate 186% -- JONES ff NEUSE t1' Rot to exceed rate schedule of fees dated March 1, 1991. The 4vertfutftteti. cost for these additional services is $6,700. AUTHORIZED: ACCEPTED CITY OF WYLIE JONES AND NEUSE, INC. l�Y BY Date Date Purchase Order No. Proposal No. P910905 (if applicable) Work Order No. JONCS ef NEUSE / MEMORANDUM TO : Mayor John Akin City Council Members FROM: Paul D. Beaver, Director of Planning & Engineering �13 DATE: November 5, 1991 SUBJECT: Landfill Closure Process Proposal for appraisal of R. O. W. Acquisition for Alanis Lane Attached is a copy of a proposal from Lane & Associates to perform appraisal services for the right-of-way acquisition along Alanis Lane which is directly related to the Landfill Closure process. The total amount for the appraisals is $6, 500 which will be done on a piecemeal basis and will be closely monitored by the City Engineer. Lane & Associates has previously performed appraisals for the City of Wylie in regard to sanitary sewer right-of-way projects and has proven to be knowledgeable and responsible. Approval of this proposed appraisal service contract is highly recommended so that the Landfill Closure process may move forward and delays avoided if condemnation becomes necessary. • LANE Sz. ASSOCIATES • Professional Real Estate Appraisers&Consultants " November 5, 1991 City of Wylie .•. , i ATTN: Paul Beaver P.O. Box 428 Wylie, Texas 75098 Fax #: (214) 442-4302 Telephone I: (214) 442-2236 RE: Proposal for appraisal of R.O.W. Acquisition for Alanis Lane Dear Mr. Beaver: Following you will find our proposal for appraisal services on the right of way acquisition for Alanis Lane. The total figure comes to $ 6,500 and our estimated completion date is 30 to 45 days from notification to start the project. We realize you are under a time deadline and if there is any way that we can put this together sooner we most certainly will. However, this is our anticipated time, based on the number of hours we believe that will be involved to put this project together. If we can be of any further assistance or if you have questions regarding this matter, please give us a call. Sincerely • / s "TomR. Lane, SRA RWA (j44 . Chad L. Campbell TRL;CLC/jv 1414 South Tennessee Street • McKinney, TX 75069 214/548-0715 • (Metro) 214/235•1515 PROPOSkL FOR APPRAISAL OF R.O.W. ACQUISITION FOR ALAN'S LANE Initial Research for New Sales $ 1,500 Appraisal of Parcel for 60' R.O.W Parcels 1, 10, 11, & 13 @ $750 ea. 3,000 Parcel 12 1,000 Parcels 7 & 9 @ $ 500 ea. . . • 110Q0 Total 6,500 If you need any further explanation, please give us a call • • Tf1TA4 P Cri MEMORANDUM DATE: November 4 , 1991 TO : City Council FROM: Carolyn Jones , Acting City Manager r) RE : Rate Increase - TCI Cablevision of Texas , Inc . The City received a letter from TCI Cablevision on October 29 , 1991 stating there will be a rate increase effective January 1 , 1992 . I have written TCI requesting a representative be present at the November 12th Council meeting . The Staff has been receiving numerous complaints about the cable service . In addition cable was to be installed in the Twin Lakes Subdivision several years back and as of this date it has not been installed . Staff has received a request from Twin Lakes for authorization to install their own system . It is my recommendation that Council give instructions to TCI that prior to any rate increase that cable service be provided to the Twin Lakes Subdivision . '3 We're /akbig <Jm'isix/ mNforimmm TO Cab|eV'D'C>n of Texas, y|� ' SM ~ �l . October 30, 1991 City of Wylie 2000 North Highway 87 Wylie, Texas 75098 Dear Ms. Jones, In notifying the City of Wylie of our rate increase effective January 1, 1992, ( letter dated October 25, 1991 ) , we quoted the new effective rate for basic service as $18. 20 in error. } he correct rate for basic service as of January 1, 1992, is $18. 2n. I apologize for the misinformation and any inconvenience it may have caused. As soon as the corrected billing inserts are available, I will forward a copy to your attention. If you have any questions regarding this information, please do not hesitate to contact me at (214) 727-5723. Sincerely, TCI CABLEVISION OF TEXAS, INC. Sys o Manager � � w � «Prestige Circle,Suite m/ Allen,n*m002-3425 FAX(2,4)amsm An Equal Opportunity Employer . ' ' . STARLIGHT ctob 31, 1991 CUSTOM HOMES INC. Ms. Carolyn Jones, Acting City Manager City of Wylie Wylie, Tx 75098 Dear Ms. Jones: This past spring, when the City negotiated the contract for cable TV, the man representing the cable company assured me that cable would be installed in Twin Lakes. We were told when we developed the subdivision, cable installation would be done shortly. This was request was made in 1987 . The only action which I am aware of is they asked for a plat of Phase 1. It was given to them. People buying homes have asked when cable would be installed and I have told them what the cable company has told us. As there is no interest in the cable company installing cable, I was wondering if it would be possible for us to put in our own system. Sincerely yours, T k, Inc. n . Tobin, resident 1109 Hughes Court • Wylie, Texas 75098 • 214-442-9200 or 214-442-9230 ' V6ic taking television intoWmurrum TCy Cablevision of Texas, Inc. October 25, 1991 ^ ` - City of Wylie 2000 N. Highway 78 Wylie, Texas 75098 Dear Ms. Jones, TCI Cablevision of Texas, Inc. will announce a rate increase on January 1, 1992. I' m writing to give you perspective on some of the business realities prompting our decision. Cable television has come a long way from the days when its benefits were limited to better reception and reruns of TV favorites like "The Andy Griffith Show. " Over the past 20 years, a TV revolution has taken place with America' s emergence from the dark ages when viewers had only three channel options available. Today, customers of TCI Cablevision in Wylie have more than 30 channels to choose from, and the number could easily skyrocket further with the technology advancements on the horizon. Nationally, cable' s share of TV household viewing grew 133% between 1983 and 1990 to a 21 share, while ABC, CBS, and NBC' s affiliated stations experienced a 25% drop to 55 share --indicating cable is becoming the medium of choice for the extensive variety of TV programming it offers. Residents of Wylie and millions of _ other Americans value cable more than ever before: At no other time was it more apparent than with CNN' s Gulf War coverage. ' At TCI Cablevision of Texas, Inc. we have worked hard over the years to keep cable as economical as possible, and we will continue to do so. As America' s largest cable operator, TCI Cablevision of Texas, Inc. ' s, parent, Tele-Communications, Inc. has taken advantage of economies of scale to obtain volume discounts on such things as equipment and programming, as possible. Like any other business, the costs associated with our cable and equipment make up the majority of the rates we charge. We also feel it is important to pay our local employees more, so that they too may keep up with inflation. »Prestige Circle,Suite,m Allen,TX 75002-3425 FAX ww/000rsm An Equal opportunilyEmployer ^ ' ` ` ` ' . � Since 1988, for example, programming costs to TCI have grown on average 30% each year. Many people are unaware we pay fees to the cable programmers -- a significant amount, in fact. In 1991, TCI invested $625 million on programming, representing an average monthly cost of $6. 13 per customer. This investment includes TCI' s equity investment in networks like . CNN, as well as license fees to the cable networks. While programming costs are less than our operating expenses, they are growing rapidly. Programming is the part of our business ~ that affects you and our customers most directly. And our costs don' t stop there. We are also investing in Wylie' s future. We provide cable programming at no charge to Wylie Middle School and Wylie High School, for example. And we continue to upgrade our system with improved technologies. We believe that even with the upcoming rate adjustment, cable TV is still a great value relative to other entertainment options. For the cost of just one evening out at the movies for a family of four, our customers can get a whole month' s worth of entertainment, 24 hours a day, seven days a week -- plus a whole lot more. From HBO and Showtime, to Cable News Network and MTV --there' s something for everyone in the family on cable. Please feel free to call me at 727-5723 if you have any questions. I also would welcome the opportunity to meet with you at your convenience. Sincerely, TCI CABLEVISION OF TEXAS, INC. \ � G4 " w -�V� '*�~ JoA�h Holtzcalw System Manager ^ , ' ' ^ � ` ` ` ' ' ' ` ` MEMORANDUM DATE: October 25 , 1991 TO : Mayor and City Council FROM: Carolyn Jones , Acting City Manag: if RE: Group Health Insurance There has been several things brought out regarding the Sanus Program . First of all , we have limited the choice of doctors for the employees who live in Wylie to one — Dr . Trimble . The choice of doctors for employees who live in areas other than Wylie do not have as great a choice with Sanus as they would have with the other plans offered . Secondly , their list does not include any dentist in Wylie . The closest dentist is in Sachse , with several located in Dallas and West Plano . I am enclosing a memo from Steve Deiter , the City Attorney, concerning his findings on the Sanus policy . If Council feels there is a need for a special meeting next week ( on Thursday) please call and let me know. �v� MEMORANDUM DATE : October 23 , 1991 TO : City Council FROM: Steve Deiter , City Attorney RE : Insurance Carrier As follow up to your instructions given in Tuesday's meeting I reviewed the bid offer of Sanus Insurance Company this morning . The language is not clear as to whether the City would be allowed an out in the event the premium dollars would be other than the quoted amount . While I continue to be of the opinion that the City probably would have such an out , on the basis of a simple contract law, I also continue to be uncomfortable in recommending the City to commit to an open-ended obligation . It seems the whole purpose of changing insurance carriers is to save the City tax dollars . If the City signs the Sanus plan as offered it does not know that it will be saving anything , it only has reasonable assurances . Accordingly I am not comfortable in recommending the City go forward on this basis . As further follow up I spoke with Bruce Hicks who had already been in contact with Sanus this morning . They advised him that they would not be doing a health history on every employee to determine what the premium would be and which employees might or might not be covered . This represented a significant change from the terms of the bid even though it was one which appeared to be in the City' s favor . Therefore the only thing which might affect the premium would be whether or not the City has any employees that have recently had or are currently having major medical problems . I understand that the City Manager , or other appropriate person for the City in filling out the application would have to certify to the best of their knowledge , whether or not there are any major health problems . My further understanding that in the event there are none then the quoted premium of $ 121 , 000 would stand . However , discussing the situation with Carolyn she pointed out that we have one or maybe two or more employees who are currently experiencing what could be classified as major illnesses . This being the case we are back to square one in considering a health insurance carrier whose is not willing to give us a firm quote on premium dollars . I also attempted to contact Sanus directly . Although I spoke with several persons I was unable to talk with anyone who appeared to have any authority or knowledge pertaining to our situation. Therefore I opted to deal with Bruce Hicks . In light of the continuing changes , assurances , understandings , and so on , I decided to request something in writing from Sanus making some firm commitments . I've written Mr . Hicks a letter making this request and requesting that he provide such written verification from Sanus at his earliest convenience . I've attached a copy of the letter herewith for your information . I will advise the Council upon receipt of any written commitment . Thank you for your attention herein . cc : Carolyn Jones , Acting City Manager Jim Holcomb , Purchasing MEMORANDUM DATE : October 4 , 1991 TO : Carolyn Jones , Acting City Manager • FROM: Steve Defter , City Attorney RE : Personnel Regulations In preparing a response to the demands of former Police Officers Casler and Sneed I reviewed , in great detail , the City' s existing personnel regulations . In reviewing the regulations I compared them to some suggested language and suggested principles as set forth in a paper presented by an "employment law expert" at the June 17 , 1991 meeting of the Texas City Attorney' s Association . As a result of this comparison , I have some concerns in regard to our existing regulations , some of which are more critical than others . The foremost item of concern which should be addressed is the use of the term "just cause" in the regulations as a reason for termination or demotion . While I think generally speaking the City would always want have "just cause" prior to taking any action regard to any employee I don' t think it' s a good idea to have that language in the regulations . The reason is because courts have held that if personnel regulations provide that termination or demotion shall be for "just cause" the employees then have a property interest in their continued employment with the City . Once they are determined to have such property interest they are no longer an employee at will and therefore you cannot terminate their employment , without giving them due process of law. The sections which the "just cause" appear are Section 4-4 and Section 6-7A. In both of these sections 1 would suggest the words "just cause" be deleted and the following phrase inserted therefore : "for any and for no reason with or without cause . The term just cause is also used in sub—paragraph K of Section 5-7 concerning disability leave . The context is a little bit different here but I believe the word should also be excised and the paragraph revised to read as follows : "Termination for reasons other than injury or disability. This section does not preclude an employee from being terminated for reasons other than their disability or continued injury , as otherwise allowed by these regulations . An employee terminated for any such other reason , even if the same is associated with an on the job injury is not entitled to the relief found in this section . This section does not preclude an employee from being terminated during an official reduction in force due to budget reductions ." To insure that there is absolutely no misunderstanding with regard to the at will nature of the employment relationship with the City I would suggest that a new Section 1 be added to the personnel regulations . I would suggest that it be substantially in the following form : SECTION I General Policy Statements Section 1-1 : Employment At Will All employment by the City of Wylie is in the form of an at will employment meaning that it can be terminated by either employer or employee at any time for any or no reason ; nothing in these regulations shall be held to alter the at will nature of such employment . Section 1-2 : Non Contractual Relationship The regulations herein provided are merely general guidelines which the City may unilaterally rescind or modify at any time without notice . The regulations are not intended to be nor shall they be held to be a contractual obligation . Section 1 . 3: Written Statements to Control The statements and provisions of this manual shall control over any contradictory statements , written or otherwise , made by any supervisors of the City ; any agreements or assurances concerning the terms , conditions or duration of any individual's employment is not binding unless the same is in writing and signed by some designated official of the City . The next concern would be the use of the term "probationary period" in Section 3 of the regulations . The use of the word probation is a concern since it implies that at the end of the probationary period the employee would gain some type of "permanent" employment status . This is of concern because a permanent employee would , again , have a property interest in continued employment , thereby altering the at will nature of the employment with the City. To avoid this potential problem I would suggest that the word probation at every place it is used in Section 3 be changed to "orientation" period . I would also suggest the word "permanent" in the first line of Section 3-1 be changed to "full time" because as again the use of the word permanent may give rise to some permanence expectations on the part of the employee . I would also suggest the words "is mandatory" as used in Section 3-1 be deleted and the "words will be made" be inserted therefore . I would suggest the language of the first paragraph of Section 3 . 3 be enlarged to include the following words to be inserted after the word "service" and before the word "and" in the fourth line of the paragraph: "for any reason or no reason" . I would also suggest the addition of the following language at the end of the last paragraph in Section 3 . 3 "nor shall they have any property interest in continued employment with the City" . Lastly , I would suggest the addition of Subsection 5 in Section 3 to be known as "3-5 Employment At Will : Nothing in this section shall be taken or interpreted to alter the at will status of all city employees regardless of whether they have successfully completed an orientation period or not . ° In Section 4-3 , subparagraph A, I would suggest that the following language be added after the word "recommendations" in the sixth line thereof : "and other applicable factors which may be deemed appropriate by the supervisors or department heads" . In sub-section B of Section 4-3 I suggest the addition of the words "at or near" after the word " thereafter" and before the word " the" in the tenth line of the paragraph . I've commented above on the use of just cause in Section 4 . 4 . The term probationary period is once again used in Section 5-3 paragraph B. I suggest the term be changed to orientation , in conformance with the above recommendations . The same is true for the use of the word in section 5 . 5 paragraph A. I would suggest that paragraph C of Section 5-7 be changed by adding the words "or of this section" after the word "policy" and before the word "must ." I have hereinabove addressed the use of the words "cause" and "for cause" as used in subparagraph K of Section 5-7 . I note that Section 5-10 references exhibit B concerning travel expenses which does not appear to be attached to the regulations . The same should be part of the book. 424"..?? The mandatory retirement as set forth in 5 . 17 is illegal , therefore this section should be deleted in its entirety from the manual . I believe the general policy statement set out in the beginning of Section 6 is somewhat conflicting with the balance of Section 6 , and for that matter , actually conflicts with itself . Therefore I would suggest that the general policy statement be changed and stated in a more positive fashion to read something like the following : "The performance of all employees , including their attitude , production , and personal conduct is to be maintained at an acceptable level as determined by their supervisors . In the event any supervisor determines that the employee's performance is below the accepted level in any given area the supervisor is encouraged , but shall not be required , to point out such deficiency in writing , contemporaneously with the observance of the deficiency for the purpose of allowing the employee to correct the deficiency prior to formal discipline ; provided however , that nothing in this general policy statement nor any of the other subsections of this section shall prevent any department head from taking immediate formal disciplinary action including without limitation demotion and termination , when such action is determined by the department head , and/or the City Manager to be in the best interest of the City , and such right to take immediate action is hereby preserved ." The provisions set out in Section 6- 1 , 6-2 and 6-3 are general in nature and need no revision . The balance of this section , that is 6-4 , 6-5 , 6-6 , 6-7 and 6-8 , all deal with disciplinary type matters . I have not suggested at this time that any wholesale changes be made in these sections . I refrained from doing so because I believe changes of this type are a policy decision which should be considered by management and the City Council , and not just adopted on simple recommendation of the City Attorney. The policy considerations which must be balanced in this particular regard are between the City' s interest in preserving the at will status of its employees and on the other hand the employees interest in having some procedural safeguards in regard to their continuance of employment . The general rule is , the more complex and comprehensive the procedures for discipline then the more likely it is that the court will find that the existence of a property interest in continued employment . I would appreciate some direction in regard to these sections . I believe the existing sections should either be left substantially as they are , but clarified ; or considerably reduced and streamlined whereby only the bare minimum of procedural safeguards would remain . Regardless of which direction we would take I would recommend that Section 6-5 be changed to add "or any other reason" after the words "Section 6-7 B" in the third line of paragraph A. Section 6-6 dealing with demotion is rather specific and could possibly be interpreted to say demotions would occur only in those circumstances enumerated in Section 6-7 B and in the interest of good discipline . I believe the City' s interest would be better protected if this Section ( 6-6A) regarding demotion would be changed to read as follows : "A. An employee who is found to be in violation of any rules or policies of the City or engaging in other misconduct will be subject to appropriate disciplinary action being taken by the department head with the approval of the City Manager ; such action may include , without limitation , demotions in position and or pay." I previously commented on the use of the words just cause in Section 6-7 paragraph A. In addition to the specific items enumerated in Section 6-7B 1-13 I would suggest addition of number 14 which would read as follows : " 14 . Any reason or no reason as deemed appropriate by the department head and the City Manager ." I would also suggest the addition of a unnumbered concluding paragraph in Section 6-7 to state that : "Nothing in this section shall alter the at will employment status of the employee and the above enumerated items shall not be the only grounds for dismissal ." I would also suggest the addition of a new Section 6-9 which would state : "Nothing in this section shall alter the at will employment status of any employees and likewise nothing herein shall create a contract between the City of Wylie and employees . I would suggest that subparagraph E of Section 7-1 be enlarged to have the words "including termination" placed after the words "disciplinary action" in the fourth line of this paragraph . The personnel regulations should also be changed to excise any gender linked pronouns , such as he , she , him , her , and so on . The regulations should also be gender neutral with regard to terms such as firemen and policemen which should be firefighter and police officer . It appears that this has been done in some areas of the regulations but not others . I have a highlighted copy in which I have identified all the gender sensitive pronouns and would make the same available to who ever revises the personnel regulations . I realize this may be going to the extremes but apparently the EEOC has stated that if an employer has a personnel policy which includes these gender sensitive pronouns it may very be interpreted as sexist and therefore discriminatory . Along the same lines the EEOC believes , and therefore the conventional wisdom is , that any personnel regulations should contain a policy on sexual harassment . I would suggest that such a policy be set out in new Section 10 of the personnel regulations be something on the lines of the following : "Section 10 . Sexual Harassment Section 10-1 . Policy It is the policy of the City of Wylie to maintain a work environment which is free from sexual harassment . Therefore , sexual harassment of one employee by another will not be tolerated and will subject the perpetrator to appropriate discipline . Section 10-2 Definition . The term "sexual harassment" means unwelcome sexual advances , requests for sexual favors , or other verbal or physical conduct of a sexual nature , submission to which is made a term or condition of a person' s exercise or enjoyment of any right , privilege , power , or immunity , either expressly or implicitly , with regard to employment . Section 10-3 Reporting , Investigation A) Reports of sexual harassment shall be made to the employee' s (victim' s) immediate supervisor . In the event the person perpetrating the sexual harassment is the employee's immediate supervisor the employee may report the harassment to the City Manager , unless and in such event the City Manager is the alleged perpetrator , in which case the report shall me made to the Personnel Director . B) All reports will be promptly investigated in as confidential manner as possible by the person receiving the same , and in all events , the City Manager shall be advised of the report and the findings of the investigation . C) No employee shall be subject to any retaliation or reprisal for the reports of sexual harassment which are made in good faith . D) Any employee who knowingly or maliciously makes a false sexual harassment complaint or report shall be subject to appropriate disciplinary action ." Lastly I would suggest that the document which the employee signs acknowledging that they have a received a copy of the personnel regulations be enlarged to include the following additional language : "The undersigned employee acknowledges that he/she has received the City of Wylie Personnel Manual dated and understands its provisions and in consideration of his or her employment , or continued employment , acknowledges and agrees : 1 . That the employment with the City is "at will" meaning that it can terminated by the City or the employee at any time for any reason or no reason ; 2 . That the policies in the manual are not contractual in nature ; 3 . That the City can unilaterally rescind , modify or add to the policies in the manual at any time without notice ; 4 . That the provisions of the manual control over any contradictory statements made by any supervisor or • other individuals ; 5. That any agreements or assurances concerning the terms , conditions or duration of any individual' s employment are not binding unless they are in writing and signed by some designated official . Dated this of 199 ." Employee Signature I do not mean to be at all critical of the existing personnel regulations . Overall I think the regulations are fairly good . However , employment law is continually changing and continually becoming more and more complex and technically. Therefore any rules and regulations which attempt to deal with areas of employment must likewise be updated to keep up with changes in the law and with the holes blown in the employment at will doctrine by court cases . This memorandum has nothing to do with the other proposed changes to personnel regulations . To the extent possible I believe the other proposed changes should be integrated with the changes which I am suggesting , or at least so much there of as the Council would deem appropriate . MEMORANDUM TO: City Council FROM: Steven P. Deiter Subject: Revisions to Propos• . Changes to Personnel Regulations-Personal Leave Date: November 8, 1991 When the Council last reviewed the proposed changes to the personal leave, revisions were requested concerning the supervision of abuses of the policy. I have revised the proposed changes to now provide that such supervision shall be by the department head of each employee. If the employee does not agree with the decision he has the right to appeal to the City Manager under other protions of the regulations. I have attached a copy of the revised paragraph for your review. Once the Council has determined what, if any, of the proposed changes it wishes to adopt, including those I have suggested by separate memo dated October 4, 1991, I will draft an ordinance containing the changes fro passage by the Council. • H . The City recognizes the importance of employees having time away from work; therefore , employees will be required to use at least ten ( 10) days of Personal Leave during the Fiscal Year . Failure to use the minimum required leave will result in the difference between the amount used and the minimum required usage being deducted from accumulated Personal Leave on October 1 , of the following year . All such deductions will be made prior to determining the required leave usage for the following year . Exceptions will be made only after reviewing individual situations and must have the approval of the City Manager . The maximum amount of Personal Leave which can be used by an employee in any Fiscal Year shall be limited to no more than one hundred twenty ( 120) hours or fifteen ( 15) consecutive working days for vacation purposes unless a written request is submitted to the City Manager for advance approval . This limitation does not apply to the use of Personal Leave due to illness or injury. I • Most employees that were in service with the City prior to the effective date of this policy have accrued Sick Leave as noted in Section 5-C . This • previously accrued Sick Leave may be used for any illness or off-the-job injury . It cannot be used as Personal Leave time and will not be paid by the City at time of termination . - _ Ci�_r�c_.Cvff. 4-t r i (- , etueli-iw. a�w tort Q ll S�'i e u2e_O re wo.%1 cc(( Sick rqut Or 'exceStlJP use of 441044 /(.P40e_ .1 6-1 c wplu' e. SucL c voslivr 4o4cI s%//,4 f4C respo.,r;b,1.1,.4 t .-pl el{4' dries ...h 4cocl rf ,'A. �e4� c�elec•.�„�� t'tke 6.1 bccw) 444'its 1 ohrelrnT 4thit/ 1 a..dt 4�.ktn kA a�io.�v,ir w4� Sr��lo� Soft or �fr re? J . Employees will be allowed to take only those leave hours that are shown as available on the Personal Leave report as recorded and retained by the Personnel Department . Employees will be furnished a 'print-out of their accrued Personal Leave hours on a regular basis . K. For unscheduled Personal Leave such as emergencies , illness , etc . , the employee must notify his/her supervisor as early as is practical on the first day of each unscheduled leave , and thereafter as the Supervisor requires . • • • MEMORANDUM TO: Mayor John Akin City Council Members FROM: Paul D. Beaver, Director of Planning & Engineering '\ 4 DATE: November 5, 1991 SUBJECT: Proposed Rejuvenation of Southplace Estates Recently Mr. Don Kreymer, Developer, has engaged Mr . Michael Cummings, P. E. to analyze the existing physical status of Southplace Estates in order to finish any deficient construction and to bring the subdivision up to the City of Wylie Subdivision Standards so that orderly lot development may occur . Please be aware that this was the last of the subdivisions that were constructed under the City "pump and haul " system, but was never finished due to financial considerations , plus the Texas Water Commission specifically forbade this subdivision being brought on line as "pump and haul " . Although there are required fees still to be paid, the major issues to be resolved so that this subdivision can be properly completed involve drainage and sanitary sewer easements. At this time there seems to be an unresolvable disagreement between Mr . John Tobin, Developer of Twin Lakes Addition, and Mr . Kreymer regarding the acquisition of drainage and sanitary sewer easements across the Twin Lakes property which is to the south of Southplace Estates. If this project is to have proper sanitary sewer service and drainage, two solutions are possible : Alternate A (No Twin Lakes offsite easements acquired) 1 . A lift station would be constructed which would handle not only Southplace at full development, but also other developments within the applicable drainage basin, plus a 2000 foot force main to the existing gravity line along Alanis Lane. 2. Proper drainage would require the construction of a storm water retention pond within the subdivision confines, plus utilization of some of the drainage pipe capacity. Alternate B (Twin Lakes offsite easements acquired) 1 . A 1 , 140 foot sanitary sewer easement through Twin Lakes II would be required to allow connection to the existing sanitary sewer system in Twin Lakes Addition near Hall Drive. 2. A 450 foot long, 50 foot wide drainage easement would be required through proposed Twin Lakes II Addition which would improve the existing drainage flow and allow proper discharge of storm waters from the Southplace Estates subdivision. An economic analysis of the two alternatives concludes that the construction of a lift station system and acceptance by the City would require an estimated $3, 000 a year in 0 & M costs. Although storm water retention ponds are used quite regularly in the Austin area and will probably be required under the new EPA Storm Water Laws, the use of such a retention pond in a subdivision would be a first for the City of Wylie. The alternate downside consideration regards the City of Wylie possibly becoming involved in a condemnation process if the City supports the most logical engineering solution which is gravity flow of the sanitary sewer system, and open channel drainage flow of the storm waters until underground storm water pipes are installed in the development of Twin Lakes 11 Addition. In conclusion, I am requesting direction from the City Council regarding their preference of a technical solution to this problem which could ultimately develop into condemnation and related strained relations between all parties involved. !. Alternate B (Twin Lakes offsite easements acquired) 1 . A 1 , 140 foot sanitary sewer easement through Twin Lakes II would be required to allow connection to the existing sanitary sewer system in Twin Lakes Addition near Hall Drive. 2. A 450 foot long, 50 foot wide drainage easement would be required through proposed Twin Lakes II Addition which would improve the existing drainage flow and allow proper discharge of storm waters from the Southplace Estates subdivision. An economic analysis of the two alternatives concludes that the construction of a lift station system and acceptance by the City would require an estimated $3, 000 a year in 0 & M costs. Although storm water retention ponds are used quite regularly in the Austin area and will probably be required under the new EPA Storm Water Laws, the use of such a retention pond in a subdivision would be a first for the City of Wylie. The alternate downside consideration regards the City of Wylie possibly becoming involved in a condemnation process if the City supports the most logical engineering solution which is gravity flow of the sanitary sewer system, and open channel drainage flow of the storm waters until underground storm water pipes are installed in the development of Twin Lakes II Addition. In conclusion, I am requesting direction from the City Council regarding their preference of a technical solution to this problem which could ultimately develop into condemnation and related strained relations between all parties involved. CUMMINGS & PEWITI', INC. Engineering • Planning • Surveying r_ October 16, 1991 . Mr. Paul Beaver Director of Planning&Engineering City of Wylie P.O. Box 428 Wylie, Tx 75086 Re: Southplace Estates, Phase I Dear Mr. Beaver: According to the Central Appraisal District the value of the land from which easements are needed is $10,000.00/acre or $0.23/square foot. The attached drawing shows proposed routes for an offsite sanitary sewer main and an offsite drainage channel to serve the Southplace Estates development. Both of these routes follow the City master plan and the preliminary plans of Twin Lakes Phase 2. The sanitary sewer main would be constructed entirely within proposed street and alley right-of-way but would need an easement until time of development of Twin Lakes Phase 2. This easement would be 10'wide and approximately 1,140'long for a total area of 11,400 square feet. Temporary working space would be required during construction of this sewer main. The storm drainage system would require a temporary 50'wide and 450'long easement for a total area of 22,500 square feet. All easements would be abandoned when development of Twin Lakes Phase 2 begins. I hope this is enough information for you to perform a cost effective analysis of this project. We would like to proceed as soon as possible with the final plat and engineering plans on this project but are still waiting on a response from you on the City's position concerning the offsite sanitary sewer and drainage problems of this tract and also information regarding any fees that might be applicable. If you have any questions or require further information please call immediately. Very truly yours, CUMMINGS & PEWITT, INC., -1r\AASIOAkrUMMAAir Michael Cummings, P.E. Attachment 1478 Richardson Drive • Suite 230 • Richardson, Term 75080 • (214)680-0602 . v. . ,. , =- .- \. a • , '1 E.-11 • �_ - •,� , - . WiJ: r IA. 3, ..,1.1 , 3 •, M II '� I 12 SroR ` a '' 1 r" in ORAINAyE4j I I ANITA-e-1 SEWEl • 3 : r .. I _ ,> f I ' eimmilL mat 72 I y a I I w1PIP ifs' *3/ ;. 11F. ' 1 II go 1 ,7' .w 3: J r • _, < 29 t iS,: I I 1 q 21�� ��� 24�_� _ Pt-9) I5 0 -F� -I Aii- v eft i• �z I. .V /3 ‘"41 \ VT 1 , /4 wi.1 1 ,*---' .1•I I% . f 5 x\‘''' ••1/4%1t, \1 iNt ri ,i,o. . 3 y . l 4I Z4 . �� ti`, 6• 5 1 Fv` ..F A 7 5 0 4 - 4 ....,,. , 0 \,\ 0 0 7....L......./ .. / * % ;011T0V; i•likaiii.L.1..)_' ALLEY 'J� A 0 'k.. I 7 V' . CUMMINGS & PEWIT, INC. Engineering • Planning • Surveying October 21, 1991 • • 'J • Mr. Paul Beaver Director of Planning&Engineering City of Wylie P.O. Box 428 Wylie, Tx 75086 Re: Southplace Estates, Phase I Dear Mr. Beaver: As you requested I submit the following information. 1. The estimated cost of the 8"sanitary sewer main as shown on the attached drawing is as follows: 8"PVC Sewer Pipe 460'®$15.00 $6,900.00 4'Dia. Manhole 2 @ $1,450.00 $2,900.00 Engineering $1,500.00 $11,300.00 2. The estimated cost of operation and maintenance of a lift station on Southplace Estates based on similar type stations under actual conditions is as follows: Electricity $400.00/year O&M (2 hrs per week @$25.00 hr) $2,600.00/yearr $3,000.00/year The Contractor would post a one year maintenance bond on the lift station and the pumps should be warranted for 5 years. This pump station would be temporary and development should relieve it within 5 years. If you have any additional questions please call. Very truly yours, CUMMINGS & PEWITT, INC. Michael Cummings, P.E. Attachment 1475 Richardson Drive ♦ Suite 230 ♦ Richardson, Texas 75080 • (214)680-0602 \ P ' , . E.--41 . ---,,,_____. - JJ .� 37 ' ,�� J I J 1. a 33 1. I I ® — 112 STOR Per I r � ' OR1w Ac„j I 11 r r • 9RIJrr .e'( SEWff . 1 "� -- _W ; Ito / ..........4,..... . fert...\ . VD- I I 9 ILZI III r a II 1. II U) ' I I I �'-"•---e7 ,»Ir 3. ill- I . 30 ..J :11 I \ I I q 21" g I I 24" el J / b ..._ Zd 4.., 15' D . IiitiN 11 ' * /0" A S /2 ► ‘ll , 1i1 /3 0 4 q�l r;, gift„,4470001 1/4.":, ,, A , ilk ,, 5 $' 141 3 k /6,, :k , . „ ti w F .1( \- .... 5 A --,p/ 1110—‘ 4 i. ,,\\ k 4) . ;. ,, ,Ir.. ,,,.Li i ..i. e. 1 o „ ' h O z 'a ALLEY 1O 1 L.\ \ - . , • • VA. 1 70' .. .. . VOL . ••••-...,,......_. • 141111 1 t -. .11 - JP 51 1 ' 11 I1 5o I cV. -.,,.. ,, II - çRsITR. 1 SEWfR V IIo ...e._�._ or -. ,.. it 4/ \ W I IIJ II I h I, I �yr►...�...d7 AOII , Q L�/ I f ~ 1 70 _ 21„ _ � z{�• a 5 i Q r___ Ji 15' p \lit w '‘ id �/ 1 4. \ a 11/4 *0 %T.176" te, � , /S 01* _ a _ S o. .6,. , ,, , 3 4 td iit* y w/ 1 F A 7 V j574 ii 8 4, 1, $1,. , 4 0X\ 0 0 •114...A.--- (ALLEY ']- 4" ii as 1: c) %.4i \ , .. y.. . . 7 7 CUMMINGS & PEWITT, INC. Engineering • Planning • Surveying September 25, 1991 , • • Mr. Paul Beaver City Engineer P.O. Box 428 Wylie, Tx 75098 Re: Southplace Estates #91041 Dear Mr. Beaver: As previously discussed we have been employed by a developer who is interested in completing the development of Southplace Estates. We know that the following items will have to be completed prior to City acceptance: 1. Resubmit final plat and engineering plans for approval. 2. Pay all associated development fees. You are presently preparing a letter for us indicating all fees due. 3. Replace low strength street pavement in area as previously indicated. Repair any street pavement deficiencies as per City requirements. 4. Retest water and sanitary systems and make needed repairs. 5. Replace meter boxes. 6. Repair/replace cleanouts. 7. Have T.U. install power and street lights. 8. Installation of barricades at end of all dead end pavements. 9. Add additional fire hydrants as required. We are also aware of problems with the sanitary sewer and storm drainage systems at this time. This problem is due to the problems of acquiring easements downstream of this development. We ask the City to consider these alternative plans for sanitary sewer and storm drainage if offsite easements cannot reasonably be obtained: 1475 Richardson Drive ♦ Suite 230 • Richardson, Texas 75080 ♦ (214)680-0602 Sanitary Sewer Alternate Plan: The intended route for this project to out fall its sanitary sewer would be to gravity flow to the south and tie into the Twin Lakes development system that is served by the Twin Lakes lift station. Elevations would have to be verified to make sure this could be done and easements would have to be obtained. The Comprehensive Plan Report for the City of Wylie prepared in 1980 shows the Southplace Estates area to be served by a lift station in the Twin Lakes area. If easements cannot be obtained or if offsite costs are prohibitive then the alternate method to serve this development would be with a lift station and force main. This lift station would be temporary in nature and would be abandoned when the Twin Lakes Phase II development is built and a gravity sewer extended to relieve it. Storm Drainage Alternative Plan: The Comprehensive Plan Report of 1980 along with the drainage area maps of Southplace Estates and Twin Lakes indicate that the drainage from Southplace Estates development flows south through the Twin Lakes development. To follow the existing engineering plans would require a drainage easement into the proposed Twin Lake Phase II development approximately 300-400 feet to allow the storm drainage to discharge. If this easement cannot be obtained then I feel that a temporary alternate solution could be worked out by constructing a small detention/retention facility just to the east of where Aspen Circle ends. This would raise the hydraulic gradient of the storm sewer but preliminary calculations indicate this to be well within accepted engineering and City standards. Engineering plans and calculations would be provided to the City of this design and I feel this would allow development of this tract without any offsite easements. This detention/retention basin would be abandoned when Twin Lakes Phase II is developed and a drainage pipe or ditch is extended to handle this area. Summary: What we would like from the City at this time is the assurance that if offsite sanitary sewer and drainage easements cannot be reasonably obtained from the downstream property owner,and if all other requirements by the City are met, that you would consider the use of a temporary lift station and force main to solve the sanitary sewer problems and a temporary detention/retention facility to solve the drainage problem. Please respond as soon as possible. If you need additional information please call. Very truly yours, CUMMINGS & PEWITT, INC. slu&D,Latimmio, Michael Cummings, P.E., R.P.L.S. MEMORANDUM DATE: November 6, 1991 To: City Council FROM: Brady Snellgrove, Finance Director SUBJECT: Revised Monthly Financial Report Attached are five new reports that summarize the cash balances and the three major operating funds of the City. The five reports are: 1. Interim Combined Statement of Cash Receipts and Disbursements - This report is a summary of cash balances for all the Funds. This report differs from the original report in that it is reporting the General Ledger (G/L) cash balances. The G/L cash includes checks written but which have not cleared the bank by month end. The cash balance reported by fund will usually be lower. The cash reported by fund includes any investments held by that fund. 2 . The General Fund Interim Statement of Actual Revenue Compared to Budget - This report summarizes the General Fund unaudited revenues by category. This schedule does not include the budgeted drawdown of Fund Balance of $ 173, 720 for Fiscal Year 1990/91 . 3 . The General Fund Interim Statement of Actual Expenditures Compared to Budget - This report shows the unaudited expenditures by cost center. 4 . The Utility Fund Interim Statement of Actual Revenues and Expenses Compared to Budget - The unaudited revenues and expenses are shown together for the Utility Fund on this report. 5. The Sanitation Fund Interim Statement of Actual Revenues and Expenses Compared to Budget - This is recap of the unaudited revenues and expenses for the Sanitation Fund. These are the new monthly summary reports that the Finance Department will furnish the Council in place of the old format. I believe that this new reporting format will be very helpful to the Council. The Council will still continue to receive the detailed account information. New report designs for Capital Projects and other Fund Types will be provided with the October 1991 report to Council. CITY OF WYLIE INTERIM COMBINED STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS For the Month Ending September 30, 1991 Balance September September Balance Fund 08-31-91 Receipts Disbursements 09-30-91 General Fund $248,650 $195,796 $412,511 $31,935 Payroll 8,413 225,259 217,360 16,312 Special Revenue Funds: Police Drug/Crlrne 14,453 464 2,889 12,029 Lbrary Contrbutbn 88 0 0 88 Landfill Improvement 2 0 2 0 Impact/Lift 10,164 17,241 18,410 6,995 Debt Service Funds: G.O. Bonds 31,963 131,977 0 163,939 Utility I&S Fund 10,224 41 0 10,265 Capital Projects Funds: Streets Construction 12,778 49 0 12,827 Parks Improvement 1,254 1,655 1,739 1,170 Street Improvement 321,666 6,440 0 328,106 Landfill Closure 869,895 12,632 33,613 848,914 Service Center/Animal Shelter 306,435 1,585 0 310,020 Enterprise Funds:: Utility Fund 482,303 300,745 269,060 513,989 Utility Conetr&Engineering 2,181 8 1,350 839 Sanitation Fund 13,739 33,520 34,480 12,778 Agency Funds: State Court 5,657 2,523 0 8,179 Municipal Appearance. 14,569 4,252 6,025 12,796 Partial Payment Municipal Court 6,481 3,327 0 9,807 TOTAL-ALL FUNDS $2,362,915 $937,514 $997,439 $2,302,989 INVESTMENTS BY MATURITY AND TYPE As of September 30, 1991 Average Maturity Annual Yield Amount CASH AND INVESTMENTS:At 09-30-91 Investments: 0-30 days 5.26% $1,602,470 Demand Deposits $700,519 TOTAL CASH AND INVESTMENTS $2,302,989 CITY OF WYLIE GENERAL FUND INTERIM STATEMENT OF ACTUAL REVENUE COMPARED TO BUDGET For the Month of September, 1991 and the Twelve Month.Ended September 30, 1991 Year-to-Date Actual Actual as%of September Year Annual Budget Annual 1991 to Date Unrealized Current Prior Revenue Category Budget Revenue Revenue Revenue Year Year Ad Valorem Taxes: Current Taxes S1,945,060 $1,910 $1,938,940 $6,120 99.7% 100.67% Delinquent Taxes 92,200 2,441 94,650 (2,450) 102.7% 108.93% Penalty&Interest 61,600 2,179 63,277 (1,677) 102.7% 112.11% Sales Taxes: General 360,400 28,305 367,933 (7,533) 102.1% 99.03% Alcoholic Beverage 560 0 558 2 99.7% 119.22% Franchise Fees: Electric Franchise 215,700 0 215,698 2 100.0% 100.0694 Telephone Franchise 43,130 0 43,135 (5) 100.0% 100.42% Gas Franchise 38,020 0 38,023 (3) 100.0% 100.5596 Bank Franchise 2,000 0 2,653 (653) 132.7% 00.00% Cable Franchise 7,460 3,648 7,462 (2) 100.0% 103.96% Sanitation Franchise 36,000 3,074 35,035 965 97.3% 117.55% Uoerees a nd Permits 65,130 3,155 66,369 (1,239) 101.9% 110.11% Intergovernmental Revenues: Lake Patrol 17,300 20,449 37,258 (19,958) 215.4% 77.15% Fire Call Reimbursement 7,990 0 8,440 (450) 105.6% 00.00% County 3,730 0 3,730 0 100.0% 100.81% ISD/School Guard 7,400 0 7,394 6 99.9% 100.64% Warrant Officer Program 24,500 0 29,899 (5,399) 122.0% 101.39% Service Fees-. Development Fees 2,030 237 2,299 (269) 113.2% 118.15% Alarm Permits 1,400 90 1,530 (130) 109.3% 156.40% 911 Fees 41,900 3,648 42,319 (419) 101.0% 105.1294 Animal Control 3,000 20 3,003 (3) 100.1% 95.25% Recreation Fees(Community Room) 2,800 0 2,904 (104) 103,70,E 109.40% Court Fees 95,395 11,385 115,006 (19,611) 120.6% 129.41% !Merest Income 21,110 854 23,185 (2,075) 109.8% 129.58% Paving Assessments: Principal 2,000 0 1,971 29 98.6% 115.57% Miscellaneous Rental Income 14,560 1,284 14,658 (98) 100.7% 100.67% Miscellaneous Income 8,885 1,734 11,476 (2,591) 129.2% 85.44% Restitutions 6,900 555 11,083 (4,183) 160.6% "" Transfers From Other Funds: Sanitation Fund 60,000 10,000 55,050 4,950 91.8% 100.01% Utility Fund 309,500 103,000 314,500 (5,000) 101.6% 94.89% TOTAL REVENUES $3,497,660 , $197,968 $3,559,439 ($81,779) 101.8% 102.91% "" No budget comparisons are made for these Items. NOTE:The revenues reported above do not include all of the year end accruals. !, IcR CITY OF WYLIE GENERAL FUND INTERIM STATEMENT OF ACTUAL EXPENDITURES COMPARED TO BUDGET For the Month of September 1991 and the Twelve Months Ended September 30, 1991 Year-to-Date Actual as%of Actual Annual Budget Annual September Year-to-Date Current Prior Expenditure Category Budget Expenditures Expenditures Balance Year Year General Government: City Council $78,000 $2,124 $74,073 $3,927 95.0% 88.7% City Manager 103,415 12,782 105,658 (2,243) 102.2% 99.0% City Secretary 102,190 11,352 104,544 (2,354) 102.3% 99.3% City Attorney 17,665 7,388 20,751 Finance (3,086) 117.5% WA 278,000 37,172 294,334 (16,334) 105.9% 100.0% Municipal Court 46,400 5,414 44,545 1,855 96.0% 99.7% Building Services 252,230 17,794 279,127 (26,897) 110.7% 95.4% Lbrary 69,270 6,157 71,996 (2,726) 103.9% 99.9% Public Safety: Police 833,285 85,216 830,440 2,845 99.7% 100.1% Fire 90,000 5,749 87,275 2,725 97.0% 90.5% Emergency Medical Service 133,700 10,700 133,694 6 100.0% 99.9% Animal Control 48,790 3,152 49,205 (415) 100.9% 95.6% Urban Development Engineering 83,140 12,896 85,967 (2,827) 103.4% 100.0% Community Development&Planning 106,660 13,036 112,173 (5,513) 105.2% 100.7% Public Works Streets 590,000 35,625 619,732 (29,732) 105.0% 97.8% Garage 39,500 4,119 39,707 (207) 100.5% 100.4% - Parka&Recreation 106,635 11,627 109,916 (3,281) 103.1% 95.4% Transfer to Debt Service Fund 692,500 0 692,500 0 100.0% 99.8% TOTAL EXPENDITURES $3,671,380 $282,302 $3,755,637 ($84,257) 102.3% 96.6% NOTE:The expenditures reported here do not include all of the year end adjustments. [3- CITY OF WYLIE UTILITY FUND INTERIM STATEMENT OF ACTUAL REVENUES AND EXPENSES COMPARED TO BUDGET For the Month of September 1991 and the Twelve Months Ended September 30, 1991 Year-to-Date Actual as%of Annual Budget Actual Current Prior Budget September Year-to-Date Balance Year Year REVENUES: Water Sales $966,570 $111,708 $997,720 ($31,150) 103.2% 102.1% Water Tap Fees 9,600 580 9,876 (276) 102.9% 102.9% Reconnect Fees 6,410 130 6,400 10 99.8% 105.7% Sewer Service 684,000 80,843 735,125 (51,125) 107.5% 103.2% Sewer Pass Thru 170,000 8,198 172,248 (2,248) 101.3% 101.2% Sewer Tap Fees 3,600 582 3,833 (233) 106.5% 91.8% Interest of Investments 7,800 837 9,049 (1,249) 116.0% 113.8% Penalty&Interest 38,000 3,199 40,114 (2,114) 105.6% 98.3% Misc. Income(Auction was$11,116) 16,800 349 18,062 (1,262) 107.5% 71.1% Excess Deposits 55,300 0 55,300 0 100.0% N/A TOTAL REVENUES $1,958,080 $206,426 $2,047,727 ($89,647) 104.6% 102.3% EXPENSES: UtilityAdmin $380,560 $105,723 $379,123 $1,437 99.6% 99.8% Water 495,000 67,466 489,405 5,595 98.9% 90.8% Wastewater 428,210 13,820 383,446 44,764 89.5% 97.9% " Utility Billing 198,495 14,896 192,963 3,532 98.2% 96.7% Building Services 32,065 896 30,377 1,688 94.7% 99.4% , Transfer to Debt Service 425,750 0 427,716 (1,966) 100.5% 99.4% TOTAL EXPENDITURES $1,958,080 $202,600 $1,903,030 $55,050 97.2% 96.1% NOTE:The revenues and expenses reported above do not include all of the year end adjustments. • • CITY OF WYLIE SANITATION FUND INTERIM STATEMENT OF ACTUAL REVENUES AND EXPENSES COMPARED TO BUDGET For the Month of September 1991 and the Twelve Months Ended September 30, 1991 Year-to-Date Actual as%of Annual Budget Actual Current Prior Budget September Year-to-Date Balance Year Year REVENUES: Sanitation Collection Fees $359,000 $33,328 $387,688 ($8,888) 102.4% 102.4% Interest on Investments 1,000 112 1,487 (487) 148.7% 102.9% TOTAL REVENUES $360,000 $33,440 $369,175 ($9,175) 102.5% 99.7% EXPENSES: Sanitation Operating $360,000 $39,204 $343,180 $16,840 95.3% 101.0% TOTAL EXPENSES $380,000 $39,204 $343,160 $16,840 95.3% 101.0% NOTE:The revenues and expenses reported above do not Include all of the year end adjustments. • U 5 MEMORANDUM DATE: November 6, 1991 TO: Mayor and City Council FROM: Brady Snellgrove, Finance Director SUBJECT: Software Maintenance for Financial Computer System One of my first priorities has been to study the City's financial software/computer system. I studied the computer recommendation report given to the Council on August 14, 1991. Most of the conclusions in that study I am in agreement with, particularly the observations on the inadequacy of the software and the question of long term support for the system. My concern is how to support the present software during the interim period while system needs are determined, financing of, and the contracting/installation phases of a new system is accomplished. Based on my past experience it usually takes at least six months to get to the installation phase. If this system crashes on us it could be very expensive to bring in a programmer who is not familiar with the Cobol code programs of this system. I have interviewed both Mr. Hensley and Mr. Dunlop as to their qualifications on Novell networks and their experience in the Cobol programming language. Both of these vendors appear to be qualified on Novell Networks, however, Mr. Hensley is not qualified in the Cobol programming language. Mr. Hensley has stated to me that he could not support us on a system problem involving the system program codes. However, I am honoring the contract with Mr. Hensley in the area of support for Personal Computer hardware and software. He has been responsive to my requests for help and it has been a good relationship. In researching the payment history for Mr. Dunlop or FMD Consultants (FMD) , FMD over the last four years has billed the City for an average of forty (40) hours per month. In terms of percentages this breaks out to: 35% Network Management, 34% Utility Billing, 20% General Ledger Modules (A/P, P/R, Budget) , 5% Municipal Court, 3% Library, and 3% Public Works. The Internal Revenue Service has changed the format on the W-2 's again and Payroll will require some program changes to be in compliance. The best estimate I have is that a programmer unfamiliar to our program codes would probably require somewhere in the neighborhood of $50 to $70 per hour plus expenses to work on our software code. If the Utility Stystem crashed, the City could experience a cash flow problem and possibly some revenue loss if the system was down for an extended period. It is my recommendation that the Council accept this proposed contract with FMD to provide the City with software maintenance support during the period the City is acquiring a new financial system. CONSULTING AGREEMENT This Consulting Agreement ( "Agreement" ) is made on , by and between City of Wylie (the "Company" ) , Wylie, Texas, 75098, and FMD Consultants (the "Consultant" ) , Wylie, Texas, 75098. A. The Consultant has a background in Computers and Software Development and is willing to provide services to the Company based on this background. B. The Company desires to have services provided by the Consultant. Therefore, the parties agree as follows: 1. Description of Services. Beginning on , the Consultant will provide the following services, (collec- tively the "Services" ) : a. Programming services and support for existing software at Finance, Municipal Court, Public Works and Library. b. Network management support. c. Staff training. d. General support services. 2 . Performance of Services. a. The manner in which the Services are to be performed and the specific hours to be worked by the Consultant shall be determined by the Consultant. Access to the on site equipment and software will be controlled by the Company. Work done on site will usually be done at or near normal working hours for Company staff. All services provided by the Consultant will be done on a as requested basis. 3 . Payment to Consultant. a. A retainer fee of $1000.00 per month which will cover 40 hours of the Consultants services. Hours expended per month on services in excess of 40 will be payable to the Consul- tant at $20.00 per hour. b. Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that the Consultant shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which the Consultant has not yet been paid. 4 . Expenses of Consultant. a. The Consultant shall be entitled to reim- bursement from the Company for the following "out-of-pocket" expenses: 1) Items required or requested as a result of performing services and approved by the Company. 2) Any purchases made through the Consultant should be done in conformance with Cities Purchasing Policies. 5. New Project Approval. a. The Consultant and the Company recognize that the Consultant's Services will include working on various projects. The Consultant shall obtain the approval of the Company prior to the commencement of a new project. 6. Term/Termination. a. This Agreement shall be effective for a period of six (6) months and shall automatically renew for successive terms of thirty (30) days or one month, unless either party provides thirty (30) days written notice to the other party prior to the termination of the applicable initial term or renewal term. 7 . Relationship of Parties. a. It is understood by the parties that the Consultant is an independent contractor with respect to the Company, and not an employee of the Company. The Company will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Consultant. 8. Gratuities. a. The Consultant shall not give gifts or provide entertainment or any other personal favor to (or accept such items from) any person or organization with whom the Company may have or is likely to have any business dealings. 9. Disclosure. a. The Consultant is required to disclose any outside activities or interests, including ownership or participation in the develop- ment of prior inventions, that conflict or may conflict with the best interests of the Company. Prompt disclosure is required under this para- graph if the activity or interest is related, directly or indirectly, to any activity that the Consultant may be involved with on behalf of the Company. 10. Injuries to Consultant. a. The Consultant acknowledges the Consultant's obligation to obtain appropriate insurance coverage for the benefit of the Consultant (and the Consultant's employees, if any) . The Consultant waives any rights to recovery from the Company for any injuries that the Consultant (and/or the Consultant's employees) may sustain while performing services under this Agreement and that are result of the negligence of the Consultant or the Consultant's employees. 11. Assignment. a. The Consultant's obligations under this Agree- ment may not be assigned or transferred to any other person, firm or corporation without the prior written consent of the Company. 12 . Intellectual Property. a. The following provisions shall apply with respect to copyrightable works, ideas, discoveries, inventions, applications for patents, and patents (collectively, "Intell- ectual Property" ) : 1) Consultant's Intellectual Property; the Consultant personally holds an inter- est in the Intellectual Property that are described on the attached Exhibit A fw and which are not subject to this Agree- ment. 2) Development of Intellectual Property. Any improvements to Intellectual Property items listed on Exhibit A, further inven- tions or improvements, and any new items of Intellectual Property discovered or developed by the Consultant (or the Con- sult's employee(s) , if any) during the term of this Agreement shall be the property of the Consultant, subject to the Company's right to acquire such Intellectual Property on terms agreeable to the Consultant and the Company. The Company will not acquire shop rights or an interest in any way in such Intellectual Property by virtue of the development, experimentation, or adaptation for manufacture, sale or use. 13. Confidentiality. a. The Consultant recognizes that the Company has and will have costs, business affairs, future plans, process information, customer lists, technical information, and other proprietary information (collectively, "Information" ) which are valuable, special and unique assets of the Company. The Consultant agrees that the Con- sultant will not at any time or in any manner, either directly or indirectly, use any Informa- tion for the Consultant's own benefit, or divulge, disclose or communicate in any manner any Information to any third party without the prior written consent of the Company. The Con- sultant will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement. 1) Unauthorized Disclosure of Information; if it appears that the Consultant has disclosed (or has threatened to disclose) Information in violation of this Agreement, the Company shall be entitled to an injunction to restrain the Consultant from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. The Company shall not be pro- hibited by this provision from pursuing other remedies, including a claim for losses and damages. 2) Confidentiality After Termination of Employment; the confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement. 3) Services by Consultant to Third Parties; y the third parties recognize that the Con- sultant may provide consulting services to third parties. However, the Consultant is bound by the confidentiality provisions of this Agreement, and the Consultant may not use the Information, directly or indirectly, for the benefit of third parties. 14 . Returns of Records. a. Upon termination of this Agreement, the Consul- tant shall deliver all records, notes, data, memorandum, models and equipment of any nature that are in the Consultant's control and that are the Company's property or relate to the Company's business. 15 . Notices. a. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage, prepaid, addressed as follows: Company: City of Wylie ATTN: City Manager 2000 Hwy. 78N Wylie, TX. 75098 Consultant: FMD Consultants Frank W. Dunlop, Sr. P.O. Box 1376 Wylie, TX. 75098 b. Such addresses may be changed from time to time by either party by providing written notice in the manner set forth above. 16. Entire Agreement. a. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior 9 / written or oral agreements between the parties. 17 . Amendment. a. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties. 18. Severability. a. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision shall be deemed to be written, con- strued, and enforced as so limited. 19 . Waiver of Contractual Right. a. The failure of either party to enforce any pro- vision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict com- pliance with every provision of this Agreement. 20. Applicable Law. a. This Agreement shall be governed by the laws of the State of Texas. Agreed this day of , 19 . CITY OF WYLIE BY: FMD CONSULTANTS BY: 3 MEMORANDUM DATE : October 16 , 1991 TO : City Council Cam` 11.* Carolyn Jones , Acting City Ma . g ' FROM: Steve Deiter , City Attorney RE : Possession/Consumption of Alcoholic Beverages on Public Property and in Park Areas The Police Department as well as the Parks Department have recently brought it to my attention that the City has enforcement problems concerning it's possession of alcoholic beverage ordinances . The purpose of this memorandum is to make the Council aware of the problem and to solicit direction on what if any corrective action that the Council desires to take . The City currently has two separate ordinances dealing with the consumption of alcoholic beverages . One ordinance prohibits consumption in any public place within the City of Wylie ( Ordinance 71-8) . The other ordinance (Ordinance 85- 49 ) has limited application to the park areas and makes it "unlawfully to sell , give away , or drink any beer or intoxicating liquor" within the Community Parks . Both of these ordinances prohibit the consumption but allow possession of the alcoholic beverage . This has the effect of creating an enforcement problem in that the officer must actually see the person take a drink to find that there is a violation of the ordinance . Ridiculous as it may seem a person could hold or possess an open container in a park or other public place and not be in violation of the law unless and until such time as they would actually consume the beverage , which such consumption , again must be witnessed . The practical effect of these ordinances is to encourage or at least allow drinking in public places so long as you don' t actually get caught doing it . That is to say it allows the person the means ( possession of the beverage) to break the consumption law. I am requesting direction from the Council on this matter to take one of three actions . The first would be do nothing and leave the ordinance as it is . The second to change the ordinance to be more restrictive and prohibit possession as well as consumption . Or the third choice would be to relax the ordinance and make both consumption and possession lawful . • • 9g I believe Chief Hightower and Bill Nelson are in favor of the second option whereby consumption and possession would be made unlawful . In considering this matter the Council should note that the ordinance would apply to the parks areas in the City' s jurisdiction at Lake Lavon as well as the parks within the City proper . It is my understanding that the two problem areas are the lake parks and Community Park at this time . Upon receipt of appropriate direction from the Council I will prepare any necessary ordinances which may be indicated by the direction . I would suggest that this matter be placed on the first available agenda . / 4 MEMORANDUM DATE : October 14 , 1991 TO : Carolyn Jones , Acting City Manager FROM: Steve Deiter , City Attorn- •v, RE : Tax Abatements This is in response to your inquiry concerning the possibility and procedures for granting tax abatements to prospective businesses who may be desiring to expand or locate in the City of Wylie . The statutory authority for ad valorem tax abatement is set out in Chapter 312 of the Local Government Code ( the Act) . The abatement authorized in the Act allows a municipality "to exempt from taxation a portion of the value of real property or tangible personal property located on the real property , or both" ( 312 . 204 ( a) ) . The language of this section implies that a 100% exemption would not be allowed . However , it is does not place a maximum therefore something approaching the 100% figure would be allowable . The exemption granted maybe for one ( 1 ) year or up to ten ( 10 ) years , or anything in between . It may also be on a declining scale where the percent exempted declines each year at a predetermined rate . The actual terms of an exemption must be embodied in a written agreement between the City and the owner of the property . The governing body cannot grant an exemption pursuant to the agreement without first having complied with certain qualifications and requirements . The first requirement is that the governing body must establish written guidelines and criteria governing tax abatement agreements . These guidelines must provide for the availability of tax abatements for both new facilities as well as expansion of existing ones . The governing body must also pass a resolution stating that it elects to become eligible to participate in tax abatements . The tax abatement agreement , as mentioned above shall not be signed by the City until the governing body finds that the terms of the agreement and the property subject to the agreement both meet the adopted guidelines . The agreement must be considered and approved in a regular meeting of the governing body by an affirmative vote of the majority of its members . �SJ ' To be eligible for the tax abatement a given property must fall within one of two broad categories . That is , it must be designated as a reinvestment zone ( RIZ) or an enterprise zone ( EZ) . The act details the qualifications for RIZ whereas the qualifications for an EZ are set out in Article 5190 . 7 of V.T.C .A. To be an RIZ property must be one of the requirements set out in Section 312 . 202 of the Act . The most general of these requirement is subsection six which would be the most likely to apply to any areas in Wylie which states : "Be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be of benefit to the property and that would contribute to the economic development of the municipality ." In certain situations some of the other requirements of this section might be satisfied but by and large I think Section 6 would be the easiest for the City to hang its hat on . If the governing body finds that the qualifications discussed in the preceding paragraph have been satisfied it may then designate a particular area of the City , or its ETJ , as a RIZ . The actual designation is by ordinance which is passed after a publication of a notice as well as a public hearing thereon ( Section 312 . 201 ) . The notice of the hearing must also be delivered to other taxing authorities , such as school districts , counties and so on which would have a tax interest in the subject property . Once an area has been designated as a RIZ it retains this designation for a period of five years . That is not to say that the exemption ends after the five years but the eligibility for the granting of new exemptions and entering into new agreements for property in that area would expire after the five year period . The guidelines and criteria which the governing body adopts are effective for a two year period and may be amended during that two year period only by a three—fourths majority vote of the governing body . The other area which could be used as a basis to qualify property for tax abatement would be designation as an Enterprise Zone . The process for designating an EZ is much more complex and for the most part more difficult to qualify for than the establishment of a RIZ . The designation must actually be made by the State Board and not the local governing body. Therefore I would suggest that if the City of Wylie is seeking to establish authority to grant tax abatements it would be done under the more general and simple procedure of a RIZ rather than a EZ . Certainly there C�4' may be appropriate cases to pursue and establish an EZ , however , I am unaware of the existence of rfactorssin the City of Wylie which would make it an app p It should be noted that if an EZ is established the there b msayebe be other benefits and incentives granted to located there in addition to the tax abatement . The bottom line is that the City of Wylie does have the power to grant tax abatements to businesses locating or expanding in certain designated areas of the City or its ETJ . The Council and/or and make City decisionrasneed to whether the consider the policies involveda City should pursue development of such atplan . a framework decision to pursue this matter is made , guidelines , for granting tax abatements ( utlinto place cy and in the very resolution , and so on) should be p near future , prior to consideration of any actual tax abatements . Then , when a situation arises the governing body could consider the situation for possibility of tax abatement by relating the facts of the situation to the policies that are already in effect . If the governing body desires to pursue this matter I am relatively sure the Texas Department of Commerceomightnhase e some forms for guidelines , agreements , on . Or if they do not I could draft the appropriate documents myself . Please advise if further follow up on this matter is necessary on my part . cc : City Council 9