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09-25-1990 (City Council) Agenda Packet DATE POSTED 9-21-90 TIME POSTED 4:00 P.M. AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, SEPTEMBER 25, 1990 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION - FATHER PONDANT PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 Recess Open Meeting 2 1 - 14 Convene Council into Executive Session under the authority of Article 6252-17 V.A.C.S., Section 2 paragraph "e" consultation with City Attorney and City Auditor to determine legal course of action on Special Audit of Wylie Volunteer Fire Department and unaccounted for equipment and tools 3 Reconvene open meeting 4 Consider any action necessary from Executive Session 5 15 - 31 Consider approval of the minutes of August 14th Council meeting 6 33 Consider acceptance of letter of resignation from George Fournier fran Park and Recreation Board 7 33a - 34 Consider approval and presentation of Proclamation for "Family Violence Awareness Month" for month of October, 1990 from Collin County Warren's Shelter 8 35 Consider approval and presentation of Proclamation for the late Charles C. Stibbens 9 CONSENT AGENDA The following items are to be considered as one item. The Council may move, by motion and second, to approve or reject all items contained within. Any Council member may request that an item or items be pulled from the Consent Agenda and and considered separately. If such a request is made, those items will occur in numerical order immediately following the vote on the Consent Agenda. 36 - 44 a. approval of final claim in the amount $5,877.00 and acceptance of Water Tower Refurbishing Program 45 - 52 b. approval of payment of Claim in the amount of $273,428.98 to Pate and Pate on Construction of Muddy Creek Sewer Line ORDER OF PAGE BUSINESS REFERENCE BUSINESS 53 c. authorization solicitation for competitive bids for Vehicle Fuel for One (1) year 54 - 59 d. consider payment of Final Claim in the amount of $68,634.30 and accept Project as Complete on 1990 Summer Street Program and approve change Order No. 1 in the amount of $7,066.30 (included in above amount) 60 - 62 e. consider payment of Claim in the amount of $824.38 as a part of Wylie Service Center Investigation PUBLIC HEARINGS AND READING OF ORDINANCES 10 63 - 66 Conduct a Public Hearing on adoption of an Ordinance changing Lots 13, 14 & 15 of Block 3 in the Brown & Burns Addition from "SF-3" to Professional office Zoning Classification 11 Consider Adoption of an Ordinance Changing Lots 13, 14 & 15 of Block 3 in the Brown & Burns Addition from SF-3" to Professional Office Zoning "0" 12 67 - 72 Conduct a Public Hearing on removing the Branch Peninsula Area from the City's Extra Territorial Jurisdiction 13 Consider adoption of an Ordinance removing the Branch Peninsula Area from the City's Extra Territorial Jurisdiction 14 73 - 74 Discuss and consider the adoption of an Ordinance Limiting Citizen Participation on enumerated Boards and Commissions NEW BUSINESS 15 75 Discuss and consider Equipment that is needed on an ongoing basis for Street and Drainage Maintenance and Control and Consider Competitive bids for the Acquisition of Equipment 16 76 - 80 Discuss and consider letter from private citizen on naming a City Street currently unnamed 17 81 - 83 Discuss and consider City Council Workshop concept for Policy Planning and Policy Development 18 84 Consider awarding competitive bid on the Lease/Purchase of One (1) new Copy Machine 19 85 - 86 Discuss and consider approval of Final Plat on Martinez Addition, Phase II 20 87 Discuss and consider authorizing Green Thumb, Inc. to place Two (2) trainees at the Smith Public Library ORDER OF PAGE BUSINESS REFERENCE BUSINESS 21 88 - 92 Discuss and consider letter from Texas Water Commission on Fines and Penalties regarding the City Sewer System and approve letter of Appeal OLD BUSINESS 22 93 - 98 Discuss and consider type of sewer line and system in order to provide sewer service to Newport Harbor area 23 99 - 102 Discuss and consider amending FY91 budget to finance unfunded liability for past and present management personnel 24 103 - 106 Progress Report Update and authorize Legal Expenditures on Landfill Closure Program 25 107 - 112 Discuss and consider appointment of Construction Code Board 26 113 - 114 Discuss and consider building code as it applies to Wood Trusses REPORTS ON VARIOUS PROJECTS 27 115 Progress report update on Rush Creek Lift Station Improvements 28 116 Progress report and update on Relocation of Alanis Drive in order to comply with Landfill reclamation project 29 117 Finalization and report on Two (2) major Drainage Projects completed 30 118 - 121 Progress report and status of Sewer Line Project 31 122 - 124 Report on Full Enforcement of Impact Fee Ordinance No. 90-10, 84-12, and 87-40 32 125 - 128 Report on continuing investigation of Sub-base in Sumner Street Program 33 129 Progress report and update on Brown Street & McCreary Road Program CITIZEN DISCUSSION 34 In accordance with the Open Meeting Act, the City Council will hear comments of public interest, but any discussion shall be limited to placing the item on a future agenda for further consideration. Persons wishing to speak before Council should adhere to the following procedure: Limit remarks to a maximum of five (5) minutes per subject. 35 Adjourn MEMORANDUM DATE: September 17 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager 14, ,. RE: Consider Convening to Exe utive Session with City Attorney and City Auditor to Determine Legal Course of Action on Special Audit of Wylie Volunteer Fire Department The auditing firm of Adami , Lindsey & Company, P.C. completed the audit of the organization on August 27 , 1990 . Since that time exhaustive efforts have been made to reconcile $12 ,432 .06 of public funds disbursements . It is my belief that the City of Wylie should either give up on trying to track down where the money went or close out the audit with a statement for the records that every effort was made but was unsuccessful . The former Fire Chief and Secretary/Treasurer cannot or will not provide proper documentation so the $12 ,432 .06 will have to stand as unaccounted for expenditures . ADAMI, LINDSEY� & COMPANY, P.C. I, r ilyfe/91.liir. .Gym*ir�nra�/a 5757 ALPHA ROAD,SUITE 812 DALLAS, TEXAS 75240 (214)392-2727 DAROLD P.ADAMI JAMES A.LINDSEY JAMES R.BROSOWSKE JOHN F.MARES WILLIAM C.SMOTHERMON,JR. August 27, 1990 Mr. Bill Dashner, City Manager City of Wylie, Texas 2000 Highway 78 N. P. O. Box 428 Wylie, Texas 75098 Re: City of Wylie Volunteer Fire Department Receipts and Disbursements Dear Mr. Dashner: I attached analyses relating to the City of Wylie Volunteer Fire Department's ("Department") receipts and disbursements for the four year period August 3 , 1986 through August 20, 1990. A summary of this activity appears below: Amount Percentage Balance in Department's checkbook August 3 , 1986 $ 4 , 071. 40 Receipts: City of Wylie 7, 181.71 16. 26% Collin County 28,945. 00 65. 53 Contributions 7,960. 23 18. 02 Interest 85. 63 . 19 Total 44, 172 . 57 100. 00% Disbursements: Fire truck expenses 7, 784 . 38 18. 26% Fire boat expenses 1, 188. 69 2 .79 Fire house supplies 900. 71 2 . 11 Equipment 16, 482 . 19 38. 66 Office supplies 598. 28 1. 27 Other supplies 2, 129. 25 4 . 99 Dues 1, 113 . 00 2 . 61 Education 6, 128 . 00 14 . 38 Unknown/Questionable 6, 304 . 06 14 .93 Total 42 , 628. 56 100. 00% Mr. Bill Dashner, City Manager City of Wylie, Texas August 27, 1990 Page 2 Balance in Department's checkbook August 20, 1990 $, 5t.615.41 I reviewed the Department's bank statement as of July 31, 1990 and reconciled it to their checkbook. All funds appear accounted for except Collin County has not provided us with enough information to reconcile their disbursements to the Department's receipts. I reviewed some of the Department's supporting documentation (indicated by an asterisk on the disbursement analysis) and summarize my observations below: The Department received 82% of its funds from public agencies and 18% from private sources. I found supporting documentation for most of the larger disbursements. However, the documentation was not organized in an orderly fashion. Receipts/invoices for the four year period were stuffed into an envelope and not segregated by year, vendor, or type of expense. Travel related disbursements for courses taken by Department personnel were poorly documented. I found no travel/expense reports to support advances made to personnel attending courses (e.g. $1, 620 advance to Larry Allen for attending a course at A & M) . This made it impossible to properly account for advances. Disbursements for continuing education courses were also poorly documented. I found no receipts/support for most of the items described as education. Copies of registration forms showing fees or other backup were not maintained. Also, there was no documentation approving these courses for personnel. Disbursements for Christmas parties, picnics, etc. over the four year period amounted to almost $2 , 000. The Department spent almost $200 on softball equipment. Mr. Bill Dashner, City Manager City of Wylie, Texas August 27, 1990 Page 3 If after your review of this letter and its attachments you have questions, please contact me. Sincerely, Adami, Lindsey & Company, P.C. 4/6- John Mares Enclosures cc: James Johnson, Finance Director City of Wylie. Texas Volunteer Fire Department Cash Receipts Analysis For the Period August 3. 1986 to August 20. 1990 City of Collin Date Total Wylie County Other 1986 10/3/86 50.00 50.00 12/8/86 740.00 740.00 790.00 0.00 740.00 50.00 1987 2/4/87 100.00 100.00 2/27/87 2.125.00 2.125.00 5/5/87 1.890.00 1.890.00 7/17/87 1.470.00 1.070.00 400.00 8/14/87 700.00 700.00 8/18/87 2.255.00 2.255.00 12/30/87 3,130.00 2.630.00 500.00 11.670.00 1.770.00 9.300.00 600.00 1988 3/21/88 1.920.00 1.920.00 6/7/88 3.746.00 1.895.00 1.851.00 6/9/88 564.9 t 564.91 8/9/88 1.035.00 1.035.00 9/2/88 1.205.00 1.205.00 10/24/88 195.00 195.00 11/14/88 706.00 706.00 12/8/88 2.357.68 757.68 1.600.00 12/19/88 100.00 100.00 11.829.59 757.68 6.620.00 4.451.91 1989 2/13/89 1.850.00 1.850.00 5/1/89 3,007.34 2.971.47 35.87 5/15/89 1,820.00 1.820.00 8/29/89 3.116.21 126.21 1.720.00 1.270.00 12/6/89 2.262.00 1,920.00 342.00 12.055.55 3.097.68 7.310.00 1.647.87 1990 1/31/90 6.01 6.01 interest 2/28/90 10.48 10.48 interest 3/31/90 9.93 9.93 interest 4/3/90 1.520.00 1,220.00 300.00 4/30/90 9.90 9.90 interest 5/31/90 2.456.80 1.556.35 900.45 5/31/90 8.38 8.38 interest 6/29/90 17.60 17.60 interest Page 1 City of Wylie. Texas Volunteer Fire Department Cash Receipts Analysis • For the Period August 3. 1986 to August 20. 1990 City of Collin Date Total Wylie County Other 7/2/90 1.855.00 1.855.00 7/31/90 23.33 23.33 interest 8/16/90 1.910.00 1.900.00 10.00 7.827.43 1.556.35 4.975.00 1.296.08 Total 44.172.57 7,181.71 28.945.00 8.045.86 Per analysis of checkbook: Beginning balance, August 3. 1986 4.071.40 Cash receipts 44.172.57 Cash disbursements 42.628.56 Ending balance,August 20. 1990 5.615.41 Checkbook balance, August 20. 1990 5.615.51 Difference-not material -0.10 Page 2 City of Wylie.Texas Volunteer Fire Department Cash Disbursements Analysis For the Period August 3. 1986 to August 20. 1990 Check Reference/ Fire Truck Fire Boat Fire House Office Other Payee # Date Description Amount Unknown Expenses Fnses Supplies Equipment Supplies Supplies Dues Education 1986 Human Service Film 1553 8/3/86 #3599 1.190.00 1.190.00 Lavon Marina 1554 8/3/86 D.Allen-boat 74.85 74.85 Hancock Fabrics 1555 8/3/86 D.Allen-boat 23.64 23.64 • Check order N/A 9/16/86 Checks 21.09 - 21.09 D.Allen 1556 9/16/86 Misc. boat parts 37.35 37.35 Rushin Lumber 1557 9/16/86 #30672 14.50 14.50 Caunous Dept.Store 1558 9/27/86 #4765/#4809 75.42 75.42 Wylie Auto Parts 1559 11/8/86 Wax and tire black' 17.72 17.72 Wylie Hardware 1560 11/8/86 Paint and brushes 11.02 11.02 American Wholesale 1561 11/8/86 Cleaning supplies' 84.22 84.22 Sears 1562 11/8/86 Wet-N-Dry Vacuum' 100.82 100.82 International Imprinter 1563 11/8/86 Caps' 155.14 155.14 Bake Office Supply 1564 11/22/86 Supplies 7.38 7 38 American Wholesale 1565 11/22/86 Tapes 21.21 21.21 Super Fresh 1566 11/30/86 Chili soup 14.19 14.19 Steaks Over Texas 1567 12/9/86 Christmas party' 406.86 406.86 Total 1986 2.255.41 1.722.18 17.72 135.84 95.24 100.82 28.47 155.14 0.00 0.00 111.4%\s4 1987 Fire Chief Magazine 1568 1/8/87 Renewal 18.00 18.00 State Fireman/Marshall 1569 1/8/87 Annual dues 90.00 90.00 Wylie Hardware 1570 1/8/87 Light bulbs 51.80 51.80 Wylie Flower and Gift 1571 1/8/87 Housewright/Morgan' 55.19 55.19 Cannon's Dept.Store 1572 1/20/87 Patches 371.70 371.70 Wylie Office Supply 1573 1/23/87 Books 7.12 7.12 American Wholesale 1574 1/23/87 Flashlights and batteries' 189.58 189.58 Larry Allen 1575 1/26/87 Lite box fire system' 331.22 331.22 Wylie Flower and Gift 1576 2!4/87 Ellis hospital' 19.66 19.66 N.Texas Fire Investigation 1577 2/18/87 School on drugs 30.00 30 00 Jones 1578 2/25/87 Door locks 140.00 140.00 H. L. Baker 1579 3/5/87 125.00 125.00 Dallas County Fire Instr. 1580 3/6/87 Dues' 20.00 20.00 Page 1 City of Wylie.Texas Volunteer Fire Department Cash Disbursements Analysis For the Period August 3. 1986 to August 20. 1990 • Check Reference/ Fire Truck Fire Boat Fire House Office Other Payee # Date Description Amount Unknown Expenses Expenses Supplies Equipment Supplies Supplies Dues Education Fred Huber&Associates 1581 4r7/87 Knee boots&gear bags* 453.70 453.70 N. Texas Firemen's Assoc. 1582 4/7/67 1987 dues 15.00 15.00 Sam's Wholesale 1583 4/13/87 Tools* 188.75 188.75 K-Mart 1584 4/3/87 Tools 37.60 37.60 Handy Dan 1585 4/3/87 Tools 53.04 53.04 Wylie Auto Parts 1586 4/13/87 Tools' 26.24 26.24 • Wylie Hardware 1587 4/26/87 45.30 45.30 Riggs First Line 1588 4/26/87 Gloves' 204.00 204.00 American Wholesale 1589 5/4/87 Air conditioner 287.99 287.99 Wylie Auto Parts 1590 5/4/87 Air fitting' 18.50 18.50 Wylie Auto Parts 1591 5/9/87 Oil' 30.94 30.94 Wylie Hardware 1592 5/21/87 7.95 7.95 Roadway Inn 1593 6/2/87 Reservation for A&M' 370.00 Texas Engr. Ext.Service 1594 6/2/87 Preregistration for A&M 700.00 700.00 American Wholesale 1595 6/23/87 Coffee* 0.OG 98.23 98.23 Mr. BBO 1596 6/24/87 CCFA 301.40 301.40 Wylie Hardware 1597 7/8/87 Water jugs' 83.59 83.59 Cash 1598 7/17/87 Advance for A&M 400.00 400.00 Sears 1599 7/23/87 Ice machine' 723.29 723.29 Wylie Hardware 1600 8/4/87 Wire and paper' 58.30 58.30 Donnie Ricky 1601 8/10/87 Clutch on Unit#106 700.00 700.00 Wylie Flower and Gift 1602 8/18/87 Rawlings hosp. 15.94 15.94 Wylie Auto Parts 1603 8/22/87 Battery cables to engine' 10.62 10.62 Wylie Steel 1604 9/8/87 Metal for engine 10.25 10.25 Romas Garage 1605 9/9/87 Batteries for 3 engines' 210.00 210.00 Wylie Auto Parts 1606 9/22/87 Wiring for 3 engines' 87.07 87.07 Ken's Communication 1607 10/7/87 3 pagers' 930.00 930.00 Ken's Communication 1608 11/19/87 3 pagers' 930.00 930.00 Ron Boyer 1609 11/25/87 Part Unit#113' 53.37 53.37 Wylie Hardware 1610 12/30/87 9.68 9 68 Total 1987 8.510.02 868.15 1.778.45 0.00 712.60 3.176.91 189.02 141.89 143.00 1.500.00 1988 Chuck Wibb 1611 1/4/88 10.00 10.00 Page 1 City of Wylie.Texas Volunteer Fire Department Cash Disbursements Analysis . For the Period August 3. 1986 to August 20. 1990 Check Reference/ Fire Truck Fire Boat Fire House Office Other Payee 4 Date Description Amount Unknown Expenses Fxr'nses Supplies Equipment Supplies Supplies Dues Education Ken's Communications 1612 1/21/88 Batteries' 80.00 80.00 Radio Shack 1613 2/4/88 Parts for light' 7.51 7.51 Collin Creek Mall 1614 2/6/88 Gift cert.for party 100.00 100.00 Steaks Over Texas 1615 2/6/88 Dinner 505.59 505.59 Void 1616 Wylie Hardware 1617 3/7/88 Supplies' 181.94 181.94 Payless C'ashways 1618 3/13/88 Supplies 20.22 20.22 ABC Fire Extingusher 1619 3/22188 Repairs' 179.10 179.10 Casco Industries. Inc. 1620 3/5/88 Equipment' 805.00 805.00 Void 1621 State Firemen's/Marshall 1622 4/11/88 Certification 25.00 25.00 Wylie Auto Parts 1623 5/3/88 Belt for 2 engines 7.61 7.61 Sears 1624 5/7/88 Shop Vacuum' 133.89 133.89 Fire Instructor's School 1625 5/13/88 Plum school 15.00 15.00 Void 1626 W.W. Grainger, Inc. 1627 5/23/88 4 gas cans' 97.49 97.49 Wylie Hardware 1628 6/6/88 Bolts and nuts 18.00 18.00 Wylie Auto Parts 1629 6/12/88 Circuit breakers for car 19.50 19.50 American Wholesale 1630 6/13/88 Picnic supplies' 89.03 89.03 Casco Industries. Inc. 1631 6/14/88 Gas smoke fan/supplies' 2.521.05 616.05 1.905.00 Wylie Auto Parts 1632 6/23/88 Switches for car 26.70 26.70 Bud Nash 1633 6/24/88 TV and VCR' 803.56 803.56 Mrs. Baird's 1634 6/25/88 Picnic supplies 17.30 17.30 Frank's Meat 1635 6/25/88 Picnic supplies' 60.00 60.00 Sam's Wholesale 1636 6/25/88 Picnic supplies' 80.32 80.32 Skaggs Alpha Beta 1637 6/25/88 Picnic supplies' 20.70 20.70 Texas Engr. Ext.Service 1638 6/27/88 A&M for 3 525.00 525.00 Super Fresh 1639 6/25/88 Ice 36.60 36.60 School House Audio 1640 6/28/88 TV Stand' 205.00 205.00 American Wholesale 1641 7/13/88 VCR tapes 8.54 8.54 Larry Allen 1642 7/21/88 A&M expenses 1.620.00 1.620.00 Wylie Hardware 1643 8/19/88 3 8 ton jacks' 207.75 207.75 Deposit slips 9/7/88 Bank charges 6.66 6.66 Fire Chief Magazine 1644 9/7/88 Renewal 24.00 24.00 Page 3 City of Wylie.Texas Volunteer Fire Department Cash Disbursements Analysis For the Period August 3. 1986 to August 20. 1990 Check Reference/ Fire Truck Fire Boat Fire House Office Other Payee r1 Date Description Amount Unknown Expenses Expenses Supplies Equipment Supplies Supplies Dues Education Wylie Flower Shop 1645 9/7/88 Spurgin spray 16.05 16.05 State Fireman's/Marshall 1646 9/7/88 Certification 5.00 5.00 Texas Vol. Fire Fighters 1647 9/7/88 Certification 10.00 10.00 Northside 1648 9/28/88 Cokes on structure fire 23.88 23.88 Larry Allen 1649 9/28/88 Cokes on structure fire 16.00 16.00 Home Depot 1650 10/5/88 Displays 98.32 98.32 Void 1651 Flanagan's Door 1652 10/17/88 3 door openers' 1.801.30 1.801.30 John Housewright 1653 10/17/88 Speaker.antenna.mike 100.00 100.00 Allen Sports Center 1654 10/24/88 T-Shirts with emblems' 578.42 578.42 Mark Stafford 1655 10/27/88 Refund on display' 56.15 56.15 Natl. Fire Protection Assoc. 1656 10/27/88 Membership' 60.00 60.00 Craig Swane 1657 10/27/88 Refund on display 64.85 64.85 American Wholesale 1658 10/27/88 Chili supply' 205.55 205.55 Car41N Wylie Super Market 1659 10/28/88 Chili supply 19.10 19.10 Nissi Wylie Locker 1660 10/28/88 Chili supply' 68.75 68.75 First State Bank(cash) 1661 10/28/88 Cash 135.00 135.00 Lavon Marina 1662 11/4/88 Bumpers and oil boat 45.11 45.11 Radio Shack 1663 11/8/88 Alarm' 416.94 416.94 Lavon Marina 1664 11/14/88 Boat repair' 128.75 128.75 Radio Shack 1665 11/14/88 Alarm &switches' 137.59 137.59 GVC Chemical Corp. 1666 11/21/88 No More Vapor' 757.68 757.68 John Plum 1667 11/21/88 Refund for alarm contract 18.38 18.38 Wylie Hardware 1668 11/30/88 Supplies' 105.63 105.63 Plan to Get Out Alive 1669 12/8/88 Tapes' 19.90 19.90 The Wylie News 1670 12/8/88 Ad 41.63 41.63 State Fireman's/Marshall 1671 12/8/88 Dues' 124.00 124.00 The Paper Clip 1672 12/19/88 Office supplies 5.09 5.09 The Paper Clip 1673 12/23/88 Office supplies 18.80 18.80 Total 1988 13.535.93 1.950.95 946.45 173.86 0.00 7.216.12 209.77 630.78 208.00 2.200.00 1989 Thor Enterprises 1674 1/14/89 8 face shields' 112.06 112.06 Choya Tapp 1675 1/16/89 Dividers 3.26 3.26 Page 4 City of Wylie.Texas Volunteer Fire Department Cash Disbursements Analysis For the Period August 3, 1986 to August 20. 1990 Check Reference/ Fire Truck Fire Boat Fire House Office Other Payee # Date Description Amount Unknown Expenses Expenses Supplies Equipment Supplies Supplies Dues Education Glass Graphics 1676 1/20/89 911 decals' 137.50 137.50 1677 2/2/89 60.00 60.00 Riggs First Line 1678 2/2/89 Gloves.hooks.shields' 282.34 282.34 M.T.F.and Fire Marshall's 1679 2/2/89 Dues 15.00 15.00 Wylie Hardware 1680 2/2/89 Ladder and rope 61.20 61.20 Wylie Auto Parts 1681 2/6/89 17.87 17.87 Gall's Inc. 1682 2/7/89 Lights.switches.radio' 313.42 313.42 Danny Allen 1683 2/9/89 Radio 250.00 250.00 Smith Custom Equipment 1684 2/14/89 Winch and bumper' 855.00 855.00 Parts Plus 1685 3/1/89 Truck 50.74 50.74 Scott Wallace 1686 3/6/89 Coffee 9.00 9.00 Parts Plus 1687 3/10/89 Truck 15.21 15.21 Parts Plus 1688 3/13/89 Truck 5.72 5.72 Western Auto 1689 3/13/89 Truck 22.17 22.17 Parts Plus 1690 3/14/89 Truck 50.66 50.66 Komas Garage 1691 3/16/89 Truck parts 26.48 26.48 Parts Plus 1692 3/20/89 Truck parts 6.17 6.17 Ray Chevrolet 1693 3/21/89 Truck parts 27.92 27.92 Wylie Hardware 1694 3/21/89 Ladder&supplies 140.34 140.34 Glass Graphic 1695 3/22/89 Sign on truck' 150.00 150.00 Komas Garage 1696 3/28/89 Truck parts' 244.11 244.11 Wylie Steel 1697 4/5/89 Truck parts 9.00 9.00 Glass Graphic 1698 4/12/89 Sign on truck' 300.00 300.00 Parts Plus 1699 4/15/89 Wax 30.37 30.37 Wylie Flower&Gift 1700 4/17/89 Flowers Tapp 16.05 16.05 Casco Industries. Inc. 1701 4/17/89 Floto pump/Night fighter' 1.889.51 • 1.889.51 Choya Tapp 1702 4/17/89 Paint 13.37 13.37 G.V.C.Chemical 1703 4/17/89 379.84 379.84 Plano Auto Store 1704 4/25/89 Parts rescue truck 5.50 5.50 Ken's Communications 1705 5/1/89 Batteries' 52.00 52.00 Chuck Wibb 1706 5/1/89 Soft ball 6.42 6.42 Wylie Hardware 1707 5/2/89 53.97 53.97 ABC Fire Extinguisher 1708 5/2/89 Service' 109.90 109.90 Void 1709 Page 5 City of Wylie.Texas Volunteer Fire Department Cash Disbursements Analysis For the Period August 3. 1986 to August 20. 1990 Check Reference/ Fire Truck Fire Boat Fire House Office Other Payee # Date Description Amount Unknown Expenses Expenses Supplies Equipment Supplies Supplies Dues Education Smith Tractor Equip. 1710 5/4/89 Small block 30.00 30.00 Glass Graphics 1711 5/11/89 Bulbs' 31.91 31.91 Lavon Marina 1712 5/29/89 Floats for boat 70.62 70.62 P&R Services 1713 5/30/89 Truck 5.00 5.00 Wylie Flower&Gift 1714 6/3/89 Murray 16.05 16.05 Wylie Hardware 1715 6/3/89 15.75 15.75 Danny Allen 1716 6/6/89 Truck parts 110.00 110.00 Rushin Lumber 1717 7/12/89 Boxes for boat' 176.91 176.91 Komas Garage 1718 6/16/89 3 engine parts 99.32 99.32 Chuck Wibb 1719 6/19/89 Softball equipment' 175.57 175.57 . Radio Shack 1720 6/28/89 126.21 126.21 Grant Law Enforcement Co. 1721 7/3/89 Light bar parts' 204.75 204.75 Fire Chief Magazine 1722 7/3/89 Renewal 28.00 28.00 Allen Sport Center 1723 7/12/89 Caps' 242.50 242.50 Cash 1724 7/21/89 A&M school 500.00 500.0 ,k1411\ Wylie Flower&Gift 1725 7/26/89 Plumb 16.05 16.05 Casco Industries. Inc. 1726 7/26/89 15 life guard II' 1,335.00 1.335.0 Ken's Communicationskr- 1727 7/26/89 Pager batteries 72.00 72.00 Plano Office Supply 1728 7/28/89 File cabinet' 149.00 149.00 Leon Flanagan 1729 8/7/89 Door remote 35.00 35.00 Wylie Hardware 1730 8/21/89 Batteries for lifeguards 79.46 79.46 National Fire Protection 1731 8/21/89 Membership' 75.00 75.00 Wylie Flower&Gift 1732 8/21/89 Plum 16.05 16.05 Fire Chief Magazine 1733 8/29/89 Renewal 28.00 28.00 Radio Shack 1734 9/13/89 Boat misc.electrical 65.38 65.38 Rushin Lumber 1735 9/20/89 Coat rack' 138.69 138.69 Steve Bisbee 1736 9/21/89 Aluminum for boat 22.68 22.68 Mike Rawling 1737 9/22/89 Film 28.68 28.68 Thomas Garage 1738 9/23/89 Wire for boat' 63.00 63.00 Wylie Pharmacy 1739 9/24/89 Film-Man Made Fire 14.67 14.67 Wylie Hardware 1740 10/2/89 Bott cutter' 398.19 398.19 Wylie Super Market 1741 10/3/89 Cleaning supplies 75.24 75.24 Kevin Morgan 1742 10/3/89 Wood for 1 engine' 95.43 95.43 Radio Shack 1743 10/4/89 Boat equipment 11.26 11.26 Page 6 City of Wylie,Texas Volunteer Fire Department Cash Disbursements Analysis For the Period August 3, 1986 to August 20. 1990 Check Reference/ Fire Truck Fire Boat Fire House Office Other Payee # Date Description Amount Unknown Expenses Expenses Supplies Equipment Supplies Supplies Dues Education State Fireman's/Marshall's 1744 10/16/89 1990 dues' 115.00 115.00 All State Chemical 1745 10/16/89 Wax' 138.82 138.82 Susan Allen 1746 11/6/89 Towels 37.45 37.45 Jeff Scribner 1747 11/6/89 Stain' 21.55 21.55 Radio Shack 1748 11/28/89 Keypad for alarm' 22.95 22.95 Larry Allen 1749 11/28/89 Reimbursement X-Mas 100.00 100.00 Sam's Wholesale 1750 12/3/89 Cokes' 213.33 213.33 Hartford Chemical 1751 12/4/89 Car wax solution' 399.66 399.66 Choya Tapp 1752 12/4/89 Air adapter' 51.83 51.83 Tom Thumb 1753 12/6/89 X-Mas float' 103.30 103.30 C&G 1754 12/6/89 Boat lights' 111.90 111.90 C&G 1755 12/7/89 Speaker boat' 150.99 150.99 Radio Shack 1756 12/7/89 Parts for boat' 8.06 8.06 Larry Allen 1757 12/9/89 Reimb X-Mas float 37.94 37.94 >` Parts Plus 1758 12/15/89 Boat breakers,switches 18.70 18.70 1759 12/15/89 X-Mas party' 22.91 22.91 Wylie Locker Plant 1760 12/15/89 X-Mas party' 45.60 45.60 ‘181 V Wylie Super Market 1761 12/16/89 X-Mas party 1762 12/18/89 Generator' 66.99 66.99 Plano Power Equip. 629.96 629.96 Rushin Lumber 1763 12/27/89 39.08 39.08 Fire Protection Publications 1764 12/27/89 Training manual' 411.00 411.00 Total 1989 13.020.49 1.707.28 2.584.38 627.97 92.87 4.774.76 76.46 649.77 672.00 1.835.00 1990 Wylie Hardware 1765 1/15/90 Boat supplies 38.47 38.47 City of Rowlett 1766 2/2/90 Radios* 550.00 550.00 Allen 1767 2/5/90 Coffee pot replacement' 42.76 42.76 NTFFMA 1768 3/19/90 Dues 15.00 15.00 Hartford Chemical 1769 3/19/90 Wash and wax' 399.66 399.66 Steve Bisbee 1770 3/19/90 2 slim jims' 27.97 27.97 Snap-On 1771 3/22/90 Car wax' 850.00 850.00 Lavon Marina 1772 4/11/90 Anchor.rope,supplies' 70.05 70.05 Rushin Lumber 1773 4/12/90 Metal trim for boat 5.89 5.89 Parts Plus 1774 4/12/90 Boat supplies 56.24 56.24 Page 7 City of Wylie.Texas Volunteer Fire Department Cash Disbursements Analysis For the Period August 3. 1986 to August 20. 1990 Check Reference/ Fire Truck Fire Boat Fire House Office Other Pam # nat.. Description Amount Unknown Expenses Expenses Supplies Equipment Supplies Supplies Dues Educati Ken's Communications 1775 4/13/90 Radio for boat 163.58 163.58 Parts Plus 1776 4/13/90 Battery box boat 9.55 9.55 Wylie Hardware 1777 4/14/90 Boat supplies' 38.32 38.32 Casco Industries. Inc. 1778 4/16/90 Night light for boar 500.00 500.00 CAMAS 1779 4/21/90 Training' 40.00 4C Mt.Pleasant Fire Dept. 1780 5/5/90 School for 3 60.00 6C Void 1781 Chuck Wibb 1782 6/1/90 Reimb.for school 40.00 4C The Wylie News 1783 7/2/90 Ads 51.80 51.80 Casco Industries.Inc. 1784 7/2/90 Supplies* 447.67 447.67 Snap-On 1785 7/3/90 Punches 44.55 44.55 David Young 1786 7/3/90 Gas for boat 15.50 15.50 Steve Bisbee 1787 7/3/90 Gas for boat 17.00 17.00 Rigg First Line Equipment 1788 7/14/90 24 pair of gloves' 828.00 828.00 American Kent 1789 7/14/90 Truss construction' 104.00 104.00 ABC Fire Extinguisher 1790 7/14/90 Inspection' 171.75 171.75 Choya Tapp 1791 7/20/90 A&M school 350.00 35C Snap-On 1792 8/16/90 Air tool adapter 38.45 38.45 Wylie Hardware 1793 8/16/90 Rope 28.00 28.00 isKN Rigg First Line 1794 8/16/90 Edge roller' 69.00 69.00 Nat. Fire Protection Assoc. 1795 8/16/90 1990-91 dues' 75.00 75.00 Choya Tapp 1796 8/20/90 Reimb.A&M school' 103.00 103 The Wylie News 1797 8/20/90 Ads 55.50 55.50 Total 1990 5.306.71 55.50 2.457.38 251.02 0.00 1.213.58 94.56 551.67 90.00 593 Total disbursements 42.628.56 6.304.06 7.784.38 1.188.69 900.71 16.482.19 598.28 2.129.25 1.1 13.00 6.128 *-examined documentation/JFM Page 1 CITY COUNCIL MEETING MINUTES AUGUST 14,1990 The City of Wylie City Council met in regular session on Tuesday, August 14 , 1990 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 Pro Tem Don Hughes, Council Members Steve Wright , Pat Stemple, Percy Simmons, Chuck Wible and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones , Finance Director James Johnson, Engineer Paul Beavers . Mayor Akin was out of town. Mayor Pro Tem Don Hughes called the meeting to order and called on Rev . Al Draper for the invocation and Councilman Wible to lead the Pledge of Allegiance. APPROVAL OF MINUTES FROM THE JULY 10TH AND 19TH, 1990 COUNCIL MEETINGS: There being no corrections or additions, a motion was made by Councilwoman Stemple to approve the minutes as submitted . Seconded by Councilman Simmons. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF LETTER DESIGNATING CHAIN OF COMMAND IN CASE OF THE CITY MANAGER' S ABSENCE OR DISABILITY AS STATED IN ARTICLE 4 , SECTION 1 , SUBSECTION D OF THE CITY CHARTER: City Manager Bill Dashner has recommended Mr . James Johnson be listed as Acting City Manager in case of the City Manager' s absence or disability as stated in the City Charter . A motion was made by Councilman Simmons to appoint Mr. James Johnson as Acting City Manager in case of the City Manager ' s absence or disability as stated in Article 4 , Section 1 , Subsection D of the City Charter . Seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF AN ORDINANCE REQUIRING CONNECTION TO A SANITARY SEWER MAIN OF ALL OWNERS AND OCCUPANTS OF BUILDINGS WITHIN FIVE HUNDRED (500 FEET OF SUCH MAIN: City Manager Bill Dashner stated that staff recommends this ordinance which requires connection to a sanitary sewer main of all owners and occupants of buildings within Five Hundred (500 ) feet of such main, requiring connection to be made within ninety (90) days after having been notified that such sanitary sewer service is available; authorizing disconnection of water service upon failure to connect to sanitary sewer service; providing for the replacement of a sanitation sewer lateral that serves a residential structure on private property to connect the lateral to the new sanitation main; providing for the repeal of all ordinances in conflict and a severability clause and for a penalty of fine not to exceed the sum of Two Thousand Dollars for each offense and providing for an effective date . A motion was made by Councilman Wright to approve the Ordinance requiring connection to a sanitary sewer main of all owners and occupants of buildings within Five Hundred (500) feet of such main , with simple interest of 10% per year if owner requests a payment plan. Seconded by Councilman Simmons. The vote was as follows : Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in /1 favor, and Councilman Simmons - in favor . This motion carried with all in favor. APPROVAL OF RESOLUTION OF THE CITY OF WYLIE SUPPORTING AND AGREEING TO PARTICIPATION WITH THE COUNTY OF COLLIN ON THE RECONSTRUCTION OF BROWN STREET AND RECONSTRUCTION OF CERTAIN SECTIONS OF MCCREARY ROAD AND FINANCING THE CONSTRUCTI_ON ALL IN WYLIE, TEXAS AND THE COUNTY OF COLLIN , TEXAS: City Manager Bill Dashner stated that there have been several meetings with the County Commissioners, the cost of doing both projects is $713 ,000 , and the total amount of money available for the project is $742,000 , which would leave only $29 ,000 . The City should request a 27 foot connected concrete road from FM 544 connecting to the railroad tracks and go as far to the trailer park as money will allow. A motion was made by Councilwoman Stemple to approve the Resolution supporting and agreeing to participation with the County of Collin on the reconstruction of Brown Street and certain sections of McCreary Road . Seconded by Councilman Wible. The vote was as follows : Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF GARLAND CHAPTER OF MEDICAL ASSISTANTS TO SET UP CARNIVAL RIDES IN OAKS SHOPPING CENTER PARKING LOT FROM AUGUST 20TH THRU AUGUST 26TH: City Manager Bill Dashner reported that a portion of the proceeds would go to the Lifeline Ambulance . A motion was made by Councilwoman Stemple to approve the carnival rides in Oaks Shopping Center Parking lot from August 20th thru August 26th. Seconded by Councilman Simmons. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . Councilman Wright made a motion to amend the above motion to state that the proceeds go to Wylie Christian Care Center and not Lifeline Ambulance. Seconded by Councilman Simmons. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . APPOINTMENT TO ECONOMIC DEVELOPMENT BOARD OF DIRECTORS TO REPLACE MR. RANDY ARP: A motion was made by Councilman Simmons to appoint Mr . James Blakey to replace Mr . Randy Arp. Seconded by Councilman Wright . The vote was as follows : Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . DISCUSSION OF BYLAWS FOR ECONOMIC DEVELOPMENT COMMITTEE_ BOARD OF DIRECTORS: City Manager Bill Dashner stated these Bylaws were patterned after the City of Abilene, and staff sees no problems . You as a Council appoint the members and they will have to come back to Council to approve their budget. This board cannot go in debt or buy property without Council approval . City Manager Bill Dashner requested to amend annual report from May 1 to August 1 . Council requested a work session on Tuesday, August 21st at 7 :00 P.M. DISCUSS AND REVIEW FINAL DRAFT OF REVISED RFP FOR THE CITY OF WYLIE CONCERNING AMBULANCE SERVICE: City Manager Bill Dashner stated that the RFP ' s for ambulance service has been sent out to the Council and Council needs to decide if this is the criteria or select other criteria for the RFP ' s. DISCUSS AND CONSIDER APPROVAL OF ACTION PLAN ON SIX ENVIRONMENTAL CONCERN AREAS : City Manager Bill Dashner identified the following six major problems: - Chemical Recycling - Super Fund Project - under litigation process - Pump and haul program - should be out of this by August , 1991 - Industrial pretreatment discharge program - mandated by EPA - Landfill reclamation and/or closing program - litigation process - Underground storage facilities - at Public Works Service Center and current permits expires Dec. , 1991 - Sewer Plant operations, contract monitoring and new expenditure requirements - must be in compliance by July, 1991 DISCUSSION AND CONSIDER PROPOSED BY-90-91 CITY BUDGET: This item was moved to the meeting for Tuesday, August 21st. APPROVAL OF PROPOSED LAND DONATION TO THE CITY OF WYLIE FROM SANDEN CORPORATION INC . FOR PARK AND RECREATIONAL PURPOSES: Mr. J. T. Dunkin said the proposed land has been suggested by us to use with Grant from the Texas Parks and Wildlife. Council should not accept the land until you do have the grant. Plans need to be drawn up plus estimated costs. City Manager Bill Dashner stated that Council needed to consider that both parks, the one from Sanden and the Eastfork Park , will have to have maintenance and improvements if accepted . City Manager Bill Dashner suggested that both of these concepts be presented to the Park and Recreation Board and then come back to Council . City Manager Bill Dashner stated that Council should look at the fact that two parks at one time may be more than we need, but Sanden donating the land, should be looked at . If we can move forward on a plan to present to Sanden, then this plan can be used for matching grant funds . City Manager Bill Dashner stated that approval of proposal for plan for use of the land to be presented to Sanden and then forward plans to Austin. A motion was made by Councilman Wright to approve the land donation pending Sanden' s acceptance of the City' s proposal . Seconded by Councilman Wible. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF PARKS AND RECREATION BOARD MEETINGS TO BE MOVED FROM WEDNESDAY NIGHT : City Manager Bill Dashner stated this was being brought up to make Council aware that board meetings held on Wednesday and that this was not a good public policy to convene meetings and fix meeting dates that exclude participation by a large segment of the city population. After some discussion, it was suggested that council table this item and have the City Manager write a letter to the Park Board stating the Council ' s feeling on moving their meeting to date to some other day than Wednesday. A motion to table was made by Councilman Simmons and seconded by Councilman Wible. The vote was as follows: Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion to table carried with all in favor . DISCUSS AND CONSIDER A WORKSHOP MEETING WITH NORTH TEXAS MUNICIPAL WATER DISTRICT: City Manager Bill Dashner stated that he has talked with Mr . Carl Riehn and he will be willing to meet at anytime. Monday , August 27 , 1990 was suggested for the meeting . APPROVAL OF ADDENDUM #1 WITH CONTRACTOR ON SUMMER STREET PROGRAM ON DRIVEWAY TI_E-INS: City Manager Bill Dashner stated that most city policies have all street tie-ins as not to exceed five feet . Staff recommends five (5) feet for all street tie-ins. A motion was made by Councilman Wright to approve the policy that all street tie-ins will be five (5 ) feet. Seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor and Councilman Simmons - in favor . APPROVAL OF SPECIFICATIONS FOR ONE NEW 1990 POLICE PACKAGE PATROL UNIT AND AUTHORIZE COMPETITIVE BIDDING: City Manager Bill Dashner stated that staff has located a unit for $13 ,322 , there are three units in next years budget. Council needs to give authorization to staff to go ahead and purchase one of these units from this years budget . A motion was made by Councilman Simmons to grant authorization for staff to seek competitive bids for one 1990 police package patrol unit . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. ACCEPTANCE OF FILL-DIRT FROM NORTH TEXAS MUNICIPAL WATER DISTRICT FILL/DIRT DISPOSAL: City Manager Bill Dashner stated that the city can still get approximately 30,000 cubic feet, it can be used to cap the landfill . It might entail 2,000 trips on E. Brown from North Texas Municipal Water District to Highway 78 . The value of the dirt will far out weigh the damage to Highway 78, E. Brown and Alanis. A motion was made by Councilman Martin to approve the fill- dirt from North Texas Municipal Water District . Seconded by Councilman Wright. The vote was as follows : Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . APPROVAL OF AUTHORITY FOR CITY ATTORNEY TO AMEND CERTAIN SCHOOL ZONE ORDINANCES AND AUTHORIZATION FOR STRIPING ON ZONES TO BEGIN: City Manager Bill Dashner stated that the Council had commissioned a very in-depth study of all the city' s school zones . The staff has received this study but did not have time to get all the amendments done and re- stripe all school zones throughout the City. Staff suggest to have the attorney do these amendments and grant authority for the re-stripping prior to the ordinance amendment being adopted . A motion was made by Councilman Wright to approve authority for the city attorney to amend certain school zone ordinances and to grant authorization for striping on zones to begin . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. DISCUSS AND CONSIDER APPROVAL OF AN AMENDMENT TO THE CITY OF WYLIE PERSONNEL REGULATIONS: City Manager Bill Dashner stated that staff has identified a problem under the current Personnel Policy , where an employee can accrue 400 hours of comp time. In order to try and control this I am suggesting it be capped at 200 hours . I am encouraging all Department Heads to use as much of their accrued comp time as possible. Motion was made by Councilman Wright to approve amendment with stipulation that this will be reviewed in six months . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Pro Tem Hughes - against, Councilman Wible - against , Councilman Martin - against, Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - against . This motion failed with four against and two in favor. Council asked that this item be addressed in a work session on August 27 , 1990 . APPROVAL OF PAYMENT REQUEST FROM FREEMAN MILLICAN FOR ENGINEERING WORK ON REPAINTING OF THE ELEVATED WATER STORAGE TANK IN THE AMOUNT OF $801 .91 : City Manager Bill Dashner stated that this is the agreement of the contract and staff recommends approval . Motion was made by Councilman Wright to approve the payment request in the amount of $801.91 to Freeman Millican . Seconded by Councilman Wible. The vote was as follows : Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF PAYMENT REQUEST FROM PATE & PATE IN THE AMOUNT OF $61 ,397.46 FOR PHASE II WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: City Manager Bill Dashner stated that staff recommends approval . Motion was made by Councilman Simmons to approve the payment request from Pate & Pate in the amount of $61 ,397 .46. Seconded by Councilman Wright. The vote was as follows : Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF PAYMENT REQUEST FROM PATE & PATE IN THE AMOUNT OF $329 ,940 .94 FOR MUDDY CREEK WASTEWATER INTERCEPTOR LINES: City Manger Bill Dashner stated that staff recommends approval . A motion was made by Councilman Wright to approve the payment request from Pate & Pate in the amount of $329 ,940 .94 . Seconded by Councilman Wible. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Jack L. Bass of 100 Rustic Trails South spoke to the Council on looking into the problem of the creek that runs through Rustic Oaks Subdivision. This creek has grown up with trees and brush and is a real problem. COUNCIL DISCUSSION: The following items were brought to the staff ' s attention: look at having trash pick up in front and get the trucks out of the alleys condemned house on Jackson St . , is the staff still working on this and the other through out the city need to check the fire hydrant on Jackson St. , it is leaking lot next to the the motor bank needs to be mowed street repairs are needed on Marble, between the Locker Plant and Johnston staff to look at Rush Creek Lift Station Council inquiries being used again ordinance on train speed limits through the City environmental concerns letter that Council received on Grants, North Texas Council of Government has grant packages newsletter to see if this can be done again or a hand book of city services planning session for Council to look at a one to five year plan There being no other matters for discussion, a motion was made to adjourn with all in favor . Don Hughes , Mayor Pro Tem ATTEST : Carolyn Jones , City Secretary PLANNING AND ZONING MEETING MINUTES SEPTEMBER 17 , 1990 The City of Wylie Planning and Zoning Commission met in regular session at 7:00 p .m . on Monday , September 17 , 1990 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 Chairman Bart Peddicord , Vice Chairperson Cecelia Wood , Richard Eckman , Bobby Jennings , Cleo Adams , Robert Flint and Kent Crane . Staff members present were Director of Community Development and Planning Ed Richie and Secretary Sandy Stevens . CONSIDER APPROVAL OF MINUTES OF THE AUGUST 20 , 1990 MEETING . Chairman Bart Peddicord corrected the third sentence of the fifth paragraph on the second page to read "Chairman Peddicord said the comments made by the members were not repeatable and he felt they were opposed to any Landscape Ordinance" . Bobby Jennings made a motion to accept the minutes as corrected . Cleo Adams seconded the motion . Motion carried with all in favor . CONDUCT PUBLIC HEARING FOR ZONE CHANGE FROM "SF-3" , SINGLE FAMILY-3 , TO "0" , PROFESSIONAL OFFICES AT 301 N . BALLARD , LOTS 13 , 14 , 15 , BLOCK 3 OF THE BROWN & BURNS ADDITION AS REQUESTED BY THE BIRMINGHAM LAND BOARD TRUST . Chairman Peddicord opened the Public Hearing asking for anyone present to speak in favor of the zone change to state their name and reason for being present . Mr . Bill Lewis stated he is the Executive Director of the Birmingham Land Board Trust . He said the Board wants to put their low impact Professional Office at the location . Mr . Lewis displayed a chart showing the neighborhood of the house , with all propertyowners in favor of the zone change marked in green and those opposed marked in yellow . Vice Chairperson Wood asked Mr . Lewis how many property owners actually live in the neighborhood , Mr . Lewis pointed out seven residences on the chart where the owners live . Mr . Kent Crane asked if the Board has any intentions to lease out office space . Mr . Lewis said not at this time , but if they decide to do so in the future , it would be to no more than 2 or 3 other low impact offices . Vice Chairperson Wood asked Mr . Richie if there is anything they want to do that can 't be done with the Residential c/ zoning . Mr . Richie read a list of acceptable uses in a Residential zone . He added that they could not have the Land Board Office . Vice Chairperson Wood asked if they could have a museum with an office . Mr . Richie stated that they could . Mr . John Spillyards stated that he lives at 301 N . Jackson , two doors from the property and that he is in favor of the zoning . He added that it is across the street from other businesses and on one of the busiest streets in town . Mrs . Frances Stevens stated that she lives at 302 N . Ballard and is in favor of the zone change . She said the Land Board is made up of professional people who will use it for professional reasons . Chairman Peddicord asked for those present to speak against the zone change to state their names and reasons . Mr . James L . Parker said he lives at 306 N . Ballard . He stated that this is the fourth meeting he has attended and he is still against the rezoning to Professional Offices for the same reasons he stated before . Mr . Crane asked Mr . Parker if his opposition toward Professional offices is for preservation of the neighborhood or because of the way things happened . Mr . Parker replied for both reasons ; he wants to see neighborhood remain as is and also because things were not handled properly . Mrs . Rita Smith stated she lives at 401 N . Ballard and is opposed to the zone change . She added that she bought her personal home in a Residential neighborhood and wants it to remain the same . Mrs . Smith said a need for a zone change needs to be shown before changing zoning in a Residential area and there is plenty of space available in the City without changing this zoning . She also added that zoning is to protect the property owners and sufficient reason nor need has been shown to change a beautiful building into offices . Mrs . Marie Dillehay said she lives at 307 N . Ballard and wants the area to stay Residential . Vice Chairperson Wood asked Mrs . Dillehay how long she has lived at her present address . Mrs . Dillehay replied she has lived at her current address for over fifty years and in the City of Wylie all her life . Mr . Jennings asked Mrs . Dillehay if the Land Board had corrected the problems she had stated at the last meeting . Mrs . Dillehay replied they had not . Mr . Lewis said the sprinkler heads had been changed that afternoon . Chairman Peddicord closed the Public Hearing . gag CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF A ZONE CHANGE FROM "SF-3" , SINGLE FAMILY-3, TO "0" , PROFESSIONAL OFFICES AT 301 N . BALLARD , LOTS 13 , 14 , 15 , BLOCK 3 OF THE BROWN & BURNS ADDITION AS REQUESTED BY THE. BIRMINGHAM LAND BOARD TRUST . Mr . Jennings stated that the Professional office zoning was not created for that house alone , but because Wylie needs such a zone . He added that the contingent of residents is the house should be sold and money put back in Land Board Trust . He said the best way to do this is to sell it as an office because it would be get more money than a residence . Vice Chairperson Wood stated this is not a P & Z Board or City Council concern to take on the Land Board 's financial problems and it should not affect their decision . She also added that rezoning Residential areas of the City without total approval of the residents does not indicate progress and the first obligation of the P & Z Board is to the citizens . She said this is setting a precedence for other Residential areas . She answered why let one little old lady hold up progress by saying that is what our City 's made of , people , not businesses , not boards and not people who live in Dallas . She added that if all the residents agreed with the change she would also . Mr . Robert Flint said it doesn 't matter how much money was spent , it is should not be a driving force in determining a zoning . He also said it 's bad to set a precedent of granting a zone change because someone has spent a lot of money before seeking the zone change . He stated that the majority of residents opposed to the change live right next door or across the street . Mr . Cleo Adams stated he does not understand why the zoning was not taken care of before time , therefore he agrees with Cecelia 's decision . Mr . Kent Crane stated this is a tough political issue and the P & Z Board members are not politicians . He added that while he disagrees with the method , and the way it was done; doing something and then later trying to work out the details , he is not called on to voice his opinion on this board , but to decide the highest and best use of the property . He added the political decisions should be left to the City Council because that 's their job . He stated that even though he is unhappy with how everything evolved , he feels the best use of the property is the Office zoning . Bobby Jennings made a motion to recommend approval to City Council to change the zoning of 301 N . Ballard from "SF-3" to "0" . Richard Eckman seconded the motion . The motion carried with a vote of 4-3 , with Chairman Peddicord and 023 Kent Crane also voting in favor of . Vice Chairperson Cecelia Wood , Cleo Adams and Robert Flint voted against the motion . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF FINAL PLAT OF MARTINEZ ADDITION PHASE II . Mr . Jennings asked Mr . Richie if there were any significant changes since the last plat . Mr . Richie stated the only change was a minor move of a fire hydrant . Mr . Crane asked if the proposed businesses that would back Holiday Terrace would be required to have back screening . Mr . Richie answered they would , either at time of building permit or development stage . Mr . Crane asked if there was a road into it that would meet the City 's ingress and egress requirements and who would maintain it . Mr . Richie said there is a private access easement from Kirby that does meet the ingress and egress requirements . He added that it is a private easement so it is not the City 's responsibilty to maintain it . Mr . Crane asked if there has been any talk about changing F .M . 544 to go down Kirby . Mr . Richie replied no , that it goes down Ballard . Vice Chairperson Wood made a motion to approve recommendation to City Council the final plat of the Martinez Addition Phase II . Bobby Jennings seconded the motion . The motion carried with all in favor . DISCUSS AND CONSIDER RECOMMENDATION TO CITY COUNCIL III REGARD TO ELIMINATION OF EXTRA TERRITORIAL JURISDICTION OF BRANCH PENINSULA AREA . Mr . Paul Tucker voiced several reasons for the residents of the Branch Peninsula asking to be deannexed from Wylie 's ETJ . Chairman Peddicord pointed out a letter received from Rob Dillard stating the city 's right to disannex or fix boundaries without notifying residents by enactment of an Ordinance by City Council . After much discussion of any legal ramifications , code enforcement , quality of development , and proof of injury to other property rights , Mr . Kent Crane made a motion to recommend to City Council to release from Wylie 's ETJ the the Branch Peninsula area . MR . Cleo Adams seconded the motion . The motion carried with all members in favor . ADJOURN . Meeting was adjourned with all members in favor . Bart Peddicord , Chairman Respectfully submitted , Sandy Stevens , Secretary a?5 PARK BOARD MEETING MINUTES AUGUST 30, 1990 The City of Wylie Park and Recreation Board met Thursday, August 30, 1990 at 8:00 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 Chairman Bryan Glenn, Vice Chairman B. J. Upshaw, Board Members Charles Stetler, and John Burns, Ex-official Member Joe Helmberger. Director of Public Works/Engineer Paul Beaver, Parks Maintenance Foreman Philip Bounds, and Secretary Barbara Lecocq. Board Members Joanie Zeeb, Karen Cain, and George Fournier were absent. Chairman Bryan Glenn called the meeting to order. PARK FEST 90' PLANNING: Bryan Glenn stated that Joanie Zeeb had left a sample of the collection envelopes for Park Fest. Bryan Glenn read a note from Joanie Zeeb regarding possible participation by Sanden International in the amount of $2150.00 for t-shirts for the walk to the park. Joe Helmberger said he was in favor of the walk to the park, as the envelopes will be donated. The golf tournament is planned. Only three craft booth applications have been received so far, at least 30 entries are needed to go ahead with it. John Burns recommended postponing the major Park Fest celebration for this year and to go ahead with the walk to the park, golf tournament, and softball tournament. John Burns motioned to cancel Park Fest and proceed with all of the tournaments. No second was made. John Burns motioned to cancel the softball and golf tournaments and to table the decision on the walk. Seconded by B. J. Upshaw, this motion carried with all in favor. APPROVAL OF `RECOMMENDATION TO CITY COUNCIL IN ALLOWING W. S. A. TO FENCE THE REMAINING TWO BALLFIELDS AT COMMUNITY PARK, AT NO COST TO THE CITY: Joe Helmberger said that W. S. A. is wanting to build a fence and asked Philip Bounds to speak. Philip Bounds stated his opinion that if anyone wanted to do anything at the park they should get approval from the city. He noticed that in the past, inferior materials and construction methods had been used. B. J . Upshaw suggested that the city submit their specifications to W. S. A. so that it would be built according to city spec' s, and have the city inspect the construction. Joe Helmberger said he would prepare the spec's and submit them to Paul Beaver. Motion was made by John Burns to allow W. S. A. to build fences with the approval of the city, according to city approved spec' s and city inspections. Motion seconded and carried with all in favor. CONSIDER RECOMMENDATION TO CITY COUNCIL TO ALLOCATE PARK IMPROVEMENT FUND MONIES TO THE PARK & RECREATION BOARD FOR • PARK FEST 90' EXPENDITURES, T-SHIRTS & DONATION ENVELOPES: B. J. Upshaw motioned to table this item until the next meeting. Seconded by John Burns. Motion carried with all in favor. APPROVAL TO CHANGE THE PARK BOARD MEETING NIGHT: After some discussion B. J. Upshaw motioned to meet on the second and fourth Mondays of each month at 7:00 p. m. Seconded by John Burns. The motion carried with all in favor. REVIEW, DISCUSS, AND CONSIDER ANY RECOMMENDATIONS TO CITY COUNCIL REGARDING THE PROPOSED W. S. A. /CITY OF WYLIE ANNUAL AGREEMENT, WHICH WILL LATER BE PRESENTED TO W. S. A. : Chairman Bryan Glenn called for discussion of the proposed contract between the city and W.S. A. B. J. Upshaw said that he does not feel that W. S. A. should have to pay the city $3, 000. 00, and that W. S. A. is not controlled by the city, it is a private organization. B. J. Upshaw further stated that he does not think that W. S. A. needs to have an agreement with the city, W. S.A. is waiting on an interpretation of the attorney' s opinion on the agreement. Joe Helmberger asked if W. S. A. has liability insurance. B.J. Upshaw said that W. S. A. does not have liability, they have medical to cover injuries on the field. After some discussion all Board Members agreed to submit their personal written comments to Paul Beaver, who will then submit them to the City Manager. B. J. Upshaw motioned to table this business. Motion seconded and carried with all in favor. i ADJOURN: There being no other business or discussion, B.J. Upshaw motioned to adjourn.' Motion seconded and carried with all in favor. Bryan Glenn, Chairman Respectfully Submitted, Lisa Keith, Secretary PARK BOARD MEETING MINUTES AUGUST 22, 1990 The City of Wylie Park and Recreation Board met in regular session Wednesday, August 22, 1990 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 Chairman Bryan Glenn, Vice Chairman B. J . Upshaw, Board Members Joanie Zeeb, Karen Cain, and John Burns, Ex-official Member Joe Helmberger, Director of Public Works/Engineer Paul Beaver, Public Works Superintendent Don White, and Secretary Lisa Keith. Board Members Charles Stetler and George Fournier were absent. Chairman Bryan Glenn called the meeting to order. OATH OF OFFICE TO REAPPOINTED MEMBER B. J. UPSHAW: City Secretary Carolyn Jones administered the oath of office to B. J . Upshaw. APPROVAL OF 08-02 AND 08-08 MEETING MINUTES: No changes were submitted to the 08-02 minutes. Bryan Glenn requested to change the 08-08 minutes, page 6, paragraph 8, to read - John Burns said, the Lions Club may be able to set up barbeque concessions. Joanie Zeeb requested to change the 08-08 minutes, page 7, paragraph 8, to read - Joanie Zeeb suggested to Charles Stetler to check with the city about advertising for Park Fest 90' on the water bills. B.J . Upshaw motioned to approve the 08-02 meeting minutes as submitted, and the 08-08 meeting minutes to include the requested changes. John Burns seconded the motion. Motion carried with all in favor. PRESENTATION BY J.T. DUNKIN REGARDING EAST FORK PARK: Don White explained that Mr. Dunkin was there to answer any questions regarding East Fork Park. Mr. Dunkin said they were asked to look at the East Fork acquisition, and that City Council has asked them to submit a proposal , or plan, for the park. Mr. Dunkin stated that since then he has found out that the County already has some conceptual plans ), for the park. There was some discussion of the acquisition process and general proposed useages in relation to the entire communities overall park plan. k r f St r`,Y CONSIDER RECOMMENDATION TO CITY COUNCIL TO ACCEPT THE PROPOSED REVISIONS TO THEWYLIE SPORTS ASSOCIATION AND CITY OF WYLIE ANNUAL AGREEMENT: Several W. S.A. representatives were present and voiced their concern and disagreement with different areas of the document such as property liability insurance being extremely costly, contribution payment being due by the 10th of the month - W. S. A. said sometimes they don' t even get a statement until after that date, and they questioned why the city was even getting a lawyer involved in this at all . W. S. A. representatives also expressed their concern over why they had not been officially invited to this meeting. After some lengthy discussion Board Members agreed to table this item until such time as city attorney Rob Dillard could be present at a meeting to further explain and clarify the ' document. PARK FEST 90' STATUS REPORT: B.J. Upshaw reported that Dale Story agreed to operate the concession stand, with a 70/30 split during the softball tournament. Karen Cain reported that she was suppose to meet with Debbie Johnson at Sanden Int' l to discuss donations, and that she did find out that the school will not allow anyone to use the gym for fund raisers at all , so the kickboxing tournament is out. Bryan Glenn said, Dr. Pepper called me and said they would be happy to sponsor us in anyway they can, except during the State Fair of Texas month. They said if we rescheduled it • they would be happy to help us. Joanie Zeeb distributed a tentative Park Fest 90' budget, and went over the list with the board, stating that Wylie Printing had agreed to print the donation envelopes for free, and Roseanne at the Library had agreed to collect donations and distribute t-shirts. There was some discussion of giving a bike as a grand prize rather than trophies and possibly gift certificates, in that it may spark more interest. John Burns said, the Womens League met and decided not to run any carnivals. They will run a radar gun for soccer or at a softball tournament, or they can run Bingo in the Community Center. Joe Helmberger said the Community Center was reserved for the Arts & Crafts Show. John Burns urged the board to make a decision on which of these events they would like the Womens League to -operate or they would pull c�{ out all together. The Board did not make a decision. `4`'" p liar Joo Helmberger said, I contacted the same people who are ;', having the carnival at Oaks Center, they would be more than happy to set up again, October 14th thru 18th. We will get 10% of the gross with no cost incurred. There was some discussion of whether or not to change the date based on the possibility of loosing alot of participation due to the State Fair. There was discussion of asking Council for monies to purchase t-shirts and donation envelopes. GENERAL DISCUSSION: W. S. A. representative David Orr addressed the board requesting consideration of expending monies from the existing park improvement fund to install a sprinkler system in the soccer/football area of Community Park. Joanie Zeeb questioned installing a permanent sprinkler system in an area that was only approved as a temporary arrangement by the City Council . B. J. Upshaw said that W. S. A. was considering approaching Council for their approval of the plans permanently. Bryan Glenn asked David Orr, do you want it solely to be out of city funds. David Orr said, no not really, several people are willing to help, but it will not even come close to the 7-10 thousand dollars it will take. John Burns suggested that W. S.A. present the proposal , in writing, to the board. Mr. Burns said, I want to see something written up with cost and specific information that you are privy to, such as a list of who wants to donate time, and how much time they are willing to donate, etc. Bryan Glenn said, ya' ll come up with a realistic plan and submit it to us in writing, then we will consider the proposal . Dave Clemm, W. S.A. , addressed the board stating that the city does not always have the equipment needed to do the things that need to be done at the park. Right now they are leasing equipment. The equipment is needed to finish out the soccer area, we are pressed for time. Don White said, I can spend another good week in the park, but school and soccer will be going by then. There was some discussion of the possibility of constructing a temporary sprinkler system, on top of the , ground, that ' j;' could be moved from place to place, as needed. John Burns said, realistically, we can only consider a . 4,040 temporary system until Council is approached and approves it `''' ' i- permanent l y. J.. z ryr V I • David Clemm said that W.S.A. will not be utilizing the bottom area for soccers fall season, making it the perfect time to undergo the construction process. David Orr addressed the board regarding another request to allow them to install fencing at the two remaining ballfields. The board agreed to consider the request at the next meeting. Paul Beaver said, the city manager wanted me to convey to you that City Council and himself recommends that the Park and Recreation Board reconsider it' s meeting night. Joe Helmberger said, their concern is that it's a night when 50% of the city attends church services. • Karen Cain said, but it' s the only time convenient for me and other members as brought up in a previous meeting. Someone said that from a professional stand point it' s not ethical for you to meet on Wednesday nights, for the city to operate meetings when 50% of the city is somewhere else. After some discussion John Burns recommended obtaining a list of Council Chamber availability nights, discuss, consider and vote on the issue once again at the next meeting. Joe Helmberger said, I think someone from the Park Board should attend all of the Council meetings. Bryan Glenn said he had already made plans to do that himself. John Burns said, Joanie Zeeb and I met with F.E. C. regarding their interest in writing grants for us. It does appear that she knows what she is talking about and will put something together and present it to the Park Board. • ADJOURN: B.J. Upshaw motioned to adjourn. Seconded by John Burns, the board adjourned with all in favor. Bryan Glenn, Chairman Respectfully Submitted, " < `rwL Lisa Keith, Secretary > ' ; r A • • u,r 164V "4VI *4.‘11' k4V. "44 tfg k-oV "10V WI tk4V 164V -�4- HELLO .F OM ?W9'LIE TEXAS/ �.A liS will VillthlOpi 1 V \ , IF ik.A h 4$.4.- i — -4V City Manager of Wylie 'a Wylie, Texas 75098 August 6, 1990 �. MDear Sir: a.11 $7 This is to inform you of my resignation fran the Park and �i��1 Recreation Board of the City of Wylie. l M The reason for my resignation is that the Board meets on Wednesday 1.41 nights and being the Pastor of a Church I could not attend any of the 4 ~ 1M Board meetings. Therefore I feel that it would not be right for me to ft.a have my name in this position when there might be saneone who could 10ti and would serve. k'� k.al k- Thank you for the honor of being elected to serve on the Parks 10 114.44 and Recreation Board. kail k.il Sincerely, ,t,,,, e., ...„‘ , kik AI IIS,.a ..V reOrgge F: Fhurniir -4k- �� 53 Gary Way Wylie, Texas 75098 Ittall Rs.411 s tir 4 P.S. My resignation is effective August 6, 1990 k./a 'i tir -'JV: C*1 -'e lbwil ti re; ,ru. R ■ km A .., .)...r...; --.4 kr iE ,I Ike° l's41 M9R9R9R9i(j9R911;116.41 9RM k\-41 9R9R96)\--M 33 COLLIN d I COUNTY OMEN'S j,'', 13 i �: i ` SHELTER '' A Center for Abused Women 2701 W. 15th St., Suite 212, Plano, TX 75075 Sept. 8, 1990 Ms. Carolyn Jones City of Wylie P.O. Box 428 Wylie, Tx. 75098 Re: Declaration of October as Family Violence Awareness Month Dear Ms. Jones: Thank you for your kindness in our recent conversation. As we discussed, I have enclosed a Collin County Women's Shelter brochure for your files and a sample proclamation for use in declaring October Family Violence Awareness Month in the City of Wylie. A proclamation ceremony date sometime in September would be convenient for publicity purposes, however early October would be fine if a September date is not possible. Please call me at 964-0811 (or leave a message at 422-2911) as soon as you have a date and time, and I will get back to you with the name of the shelter representative who will receive the proclamation. We appreciate your willingness to bring to public attention the very real and debilitating problem of domestic violence within our community. Thank you again for your support of this important project. Sincerely, Diana L. Swift 33 Office of the mayor III1 It Tr/as 4 it rottamatton WHEREAS, historically and presently women and children have been victims of domestic violence within the home, and WHEREAS, the incidence of violence against women is increasing disproportionately to that of other crimes across the nations, and WHEREAS, domestic violence leaves a legacy of physical , psychological , financial and social consequences for all members of society at large, and WHEREAS, it is the goal of this community to eradicate domestic violence and support healthy family values through community awareness and support of the Collin County Women' s Shelter, and WHEREAS, the community supports legislation currently pending in both the House and Senate to designate October as NATIONAL FAMILY VIOLENCE AWARENESS MONTH, NOW, THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, TEXAS, DO HEREBY PROCLAIM THE MONTH OF OCTOBER, 1990 AS: "FAMILY VIOLENCE AWARENESS MONTH" in the City of Wylie, Texas, and urge all citizens to actively support and participate in the scheduled events and on-going programs designed to reduce and eventually eliminate domestic violence. tin witness Whereof J have Itttunto Set my I and and caused t/ii Scar to &c affixed. JOHN W. AKIN, MAYOR AT TEST: Carolyn Jones, City Secretary DATE: September 25. 1990 hl3 'll I . , Oirc of Me mayor , �,ji4, P gur Tr rottamatton • ,f. j .tt • WHEREAS: CHARLES C. STIBBENS, born in Baltimore County Maryland in the' 1830 ' s and was an early settler in the Republic of Texas . Hey came to the Republic of Texas with the First Volunteer Company to ' support the Lone Star Republic. WHEREAS: CHARLES C. STIBBENS formed and financed Company I , 1st Regiment. of The Texas Volunteers . His regiment served under the command of Major Leander Smith and Captain William S. Fisher in the Velasco Blues at San Jacinto WHEREAS: for his service at San Jacinto Charles C. Stibbens was issued Donation Certificate No. 534 in Anderson County also Certificate Nos. 945 and 4269 for additional acreage for his military participation and as an early settler of the Republic of Texas. WHEREAS: CHARLES C. STIBBENS moved his large family to the St. Paul Community in Collin Co. , September 1870. He died on 31 March 1879 and is buried by the side of his beloved wife in the St. Paul Catholic Cemetery. WHEREAS: , The Many decendents of CHARLES C. STIBBENS, being in this area, great, great granddaughter , Brenda Burns Kellow, President, Dallas Chapter #2 , Decendents of San Jacinto, will add two Medallions designed by the Daughters of The Republic of Texas to his tombstone. NOW THEREFORE, I , JOHN AKIN, MAYOR OF THE CITY OF WYLIE, TEXAS, DO HEREBY PROCLAIM SPECIAL RECOGNITION TO THE LATE CHARLES C. STIBBENS AS PART OF THE CEREMONIES ON SEPTREMBER 22 , 1990 AT ST PAUL CATHOLIC CEMETERY. Jn witness wlcteof Lye &leanto set my I and and caused du seat to is affixed. JOHN W. AKIN, MAYOR AT TEST: „,. CAROLYN JONES, CITY SECRETARY DATE: TT, SEPTEMBER 25, 1990 T {5, • 3c MEMORANDUM DATE: September 17 , 1990 TO: Mayor and City Council ' FROM: Bill Dashner , City Manager ' $4��"'"' e. RE: Discuss and Consider Final Claim and Acceptance of Water Tower Refurbishing Program The payment of this claim has been delayed pending final completion and acceptance. This claim is for $5 ,877 .00 . The tower has been inspected and approved. We have also been assured by the attached letter that USF & G Insurance Co. is taking care of all private automobiles that were damaged . Therefore, it is recommended that final payment be made to Water Tank Service Co. in the amount of $5,877 .00 . Attachment: Supporting Documentation 3 6 CITY OF WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214-442-2236 MEMORANDUM TO: Bill Dashner, City Manager FROM: James Johnson, Finance Director RE: Agenda Item - tiSf.1 0 9//i0o Pay Estimate 03 (Final ) Water Tank Service Co. $5 . 887 . 00 (Elevated Tank Rehab. & Repainting) DATE: 09/03/90 Contract with Change Order #1 - $45, 820 . 00 (Original $38 , 580 . 00 + $7 , 240 . 00 ( change order) Equals $45, 820 . 00 ) Previous Payments - ( 2 ) Total $39, 933 . 00 BALANCE $ 5 , 887 . 00 Work Completed: Payment Recommended $ 5 , 877 . 00 Account # 20-500-502-04220 87 fREEmArl - mILLICAn, Inc. CONSULTING ENGINEERS LARRY J. FREEMAN, P.E. J. TERRY MILLICAN, P.E. August 15, 1990 Mr. James Johnson Director of Finance 2000 Hwy. 78 North P.O. Box 428 Wylie, Texas 75098 Re: Rehabilitation and Repainting Elevated Tank Dear Mr. Johnson: Enclosed are three (3) copies of Pay Estimate No. 3 (final ) for the above referenced project in the amount of $ 5,887.00. The only item that needs to be completed is for the Contractor to replace a lens cover on the light over the personnel door. Enclosed is an affidavit that the Contractor has paid his bills. We recommend that the City hold final payment until the lens cover is installed. Sincerely, FRE LL CAN, INC. L rry . F eeman, P.E. LJF:sf enclosures 12001 N. CENTRAL EXPRESSWAY SUITE 405 DALLAS, TEXAS 75243 (214)991-1901 r t VI UNITED STATES FIDELITY AND GUARANTY COMPANY DALLAS OFFICE P. O. BOX 809019 DALLAS,TEXAS 75380 CLAIM DEPARTMENT TELEPHONE:2148E I.1900 CHARLES PEAVY G. STEVEN COLLIER MANAGER • July 13, 1990 ASST.MANAGER • Mr. James Johnson City of Wiley P.O. Box 428 Wiley, Texas 75098 RE: Our File No: 1800-MP-216818-01-1 Our Insured: Water Tank Service, Inc. Claimants: Various Date of Loss: June 11, 1990 Dear Mr. Johnson: This letter will serve as an update involving an overspray condition occurring on the above loss date by our insured, Water Tank Service, Inc. • It is my understanding from Detail Masters of San Antonio that they are approximately halfway finished with cleaning the involved vehicles. Their target date for completion is on or before August 1, 1990. To clarify the question of liability, this letter will also assure you that United States Fidelity & Guaranty Company has accepted liability in this matter on behalf of Water Tank Service, Inc. and our representatives, Detail Masters, are diligently working to complete their assignment and satisfy the residents of Wiley who experienced damage to their property. I appreciate your continued cooperation and I thank you specifically for your involvement in this matter and especially your acting as the control point for the good citizens of your community. I have asked Detail Masters to set up some type of system with you whereby the residents calling in may be contacted in a timely manner. Detail Masters has indicated that they will be in touch with you to work out a satisfactory system so that we have no breakdown in communications between your office and their workers. Continued Dallas 214(2-90) ( Mr. James Johnson 2. 7-13-90 Again, thanks for your help and should you have any questions, please feel free to call me. , Sincerely, Dick Dye Claim Representative DD:kk • 10 , at•nd0(,9e.a aCERTIFICATE OF INSURANCE H �]❑ HOUSTONHOUSTON GENERAL GENERAL INS.LLOYDS CO. �TH P�\04 ElTRADERS & GENERAL INS. CO. P.O. Box 2932 Ft. Worth, Texas 76113 CERTIFICATE HOLDER This Certificate Is issued as a matter of information only and confers no rights upon the Certificate holder.This certificate does not amend,extend or alter the coverage CITY OF WYLIE described below. P.O. BOX 428 WAIVER OF SUBROGATION WYLIE, TX 75098 THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE OF CANCELLA- TION TO CERTIFICATE HOLDER AT ADDRESS INDICATED ABOVE.BUT FAILURE TO MAIL SUCH NO- TICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. "THIS IS TO CERTIFY THAT INSURANCE POLICY(IES)LISTED BELOW ARE ISSUED TO THE NAMED INSURED" NAME OF INSURED WATER TANK SERVICE CO. , INC. ADDRESS P.O. BOX 340 RED OAK, TEXAS 75154 POLICY LIMITS OF LIABILITY TYPE OF INSURANCE POLICY NUMBER PERIOD EACH OCCURRANCE AGGREGATE GENERAL LIABILITY • BODILY INJURY S $ ❑ COMPREHENSIVE ❑ NON-COMPREHENSIVE ❑ PROTECTIVE LIABILITY PROPERTY DAMAGE $ $ ❑ PRODUCT/COMPLETED OPERATION BODILY INJURY AND ❑ CONTRACTUAL LIABILITY PROPERTY DAMAGE. ❑ PERSONAL INJURY LI(COMBINED SINGLE $ S ❑ BROAD FORM P.D. CSL 0 'Applies to Products/Completed Operations Hazard $ ❑ (PERSONAL INJURY) BODILY INJURY $ AUTOMOBILE LIABILITY (EACH PERSON) BODILY INJURY S El COMPREHENSIVE (EACH OCCURANCE) ❑ NON-COMPREHENSIVE PROPERTY DAMAGE $ ❑ BODILY INJURY AND PROPERTY DAMAGE- $ (COMBINED SINGLE LIMIT) CSL EXCESS LIABILITY BODILY INJURY AND ROPERTY DAMAGE. ElUMBRELLA FORM (COMBINED SINGLE $ $ ❑ LIMIT) • CSL WORKERS' COMPENSATION 09/20/89 and TO STATUTORY EMPLOYERS' LIABILITY 05 TWC 1005797-05 09/20/90 $ 100,000 (EACH ACCIDENT) AUTOMOBILE PHYSICAL DAMAGE-SPECIFY OTHER NAME AND ADDRESS OF AGENCY: JOE JACOBS INSURANCE AGENCY 10711 PRESTON ROAD N110 DALLAS, TX 75230 Countersigned ByW•••0124.40.----.0 • ii/ MONTHLY PAYMENT ESTIMATE OWNER: City of Wylie ESTIMATE NO: 3 and FINAL PROJECT: Rehabilitation and Repainting Elevated Tank CONTRACTOR: Water Tank Service Co. , Inc P. 0. Box 340 Red Oak, Texas 75154 ENGINEER: Freeman - Millican, Inc. DATE: FROM: 6-29-90 Dallas, Texas TO: 8-13-90 CONTRACT PERCENT AMOUNT ITEM DESCRIPTION AMOUNT COMPLETE COMPLETE PIA Repainting 250,000 Gal. Tank 29,000 100 29,000.00 P2 Clean 50,000 Gal. Tank 4,900 100 4,900.00 P3 Repair Steel 250,000 Gal. Tank 1,000 100 1,000.00 P4 Repl. Steel 250,000 Gal. Tank 2,500 0 0.00 P5 Repair Welds 1,000 0 0.00 P6 Repl. Ladder Rungs 180 . 0 0.00 TOTAL $ 38,580.00 $34,900.00 CHANGE ORDERS 7,240.00 10,920.00 REVISED TOTAL $ 45,820.00 $45,820.00 -1- OWNER: City of Wylie ESTIMATE NO: 3 and FINAL PROJECT: Rehabilitation & Repainting DATE: FROM: 6-29-90 250,000 Gallon Elevated Tank TO: 8-13-90 Original Contract Amount $ 38,580.00 Total Additions 10,920.00 Total Deductions 3,680.00 Contract as Revised to Date 0 45,820.00 Total Amount of Work Done to Date $ 45,820.00 Materials on Hand 0.00 Total Work and Materials 42,820.00 Amount Retained ( 10% ) Per Cent 0.00 Balance $ 45,820.00 Less Previous Payments 39,933.00 AMOUNT DUE ON CONTRACT ESTIMATE $ 5,887.00 Days Allowed in Contract 120 Days Consumed This Estimate 19 Days Previously Consumed 91 Total Days Consumed to Date 120 Days Remaining in Contract 0 ACCE ...410 .ir.c'l-,..i A----------- 0 e' ''./7- iY"). Wat= Service vompany, Inc. Date �-�3 -4a e - it ican, Inc. Date City of Wylie Date -2- AFFIDAVIT AND RELEASE QF LIEN WHEREAS, 'THE UNDERSIGNED Water Tank Service Co . Inc. HAS FURNISHED Labor, equipment , materials and insurance TO Rehabilitate and repaint elevated water storage tanks FOR THE PROJECT KNOWN as City of Wv1ie NOW THEREFORE, WE THE UNDERSIGNED FOR AND IN CONSIDERATION OF ? ( .4c . R fl_nn ) Forty five thousand eiaht hundred twenty dal1ars . RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED "OR" UPON. RECEIPT, DO HEREBY WAIVE AND RELEASE ANY AND ALL CLAIM, LIEN, OR RIGHT TO CLAIM OR LIEN, ON ACCOUNT OF SAID City of WyliP . TPYAR FOR SAID PROJECT. ENDORSEMENT BY THE UNDERSIGNED ALSO CONSTITUTES THAT ALL PERSONS, FIRMS, ASSOCIATIONS, CORPORATIONS AND/OR OTHER OROANtZATION$ FURNISHING LABOR AND/OR MATERIALS FOR SAID PROJECT HAVE BEEN PAID IN FULL. Natec n Se c g. jnca TITLE: Presjdent 4. a'; STATE OF s.J Q /Ct./ COUNTY OF CQQ, Q i„ BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID COUNTY AND STATE, ON THIS 011.V. DAY OF ` , 19 (ID . PERSONALLY APPEARED �n1 r BEFORE ME, 4. W ( �/'. ne , WHO BEING DULY SWORN, UPON HIS OATH, ACKNOWLEDGED AND EXECUTED THE ABOVE INSTRUMENT OF WRITING : cak NOTARY PUBLIC o.►s""•, PAT COMMONS NOTARY PUBLIC State of Texas MY COMMISSION EXPIRES , ''.o, 1 Comm.ExP.09-17-93 MEMORANDUM DATE: September 18 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Managelq44 RE: Consider Payment of Claim to Pate and Pate on Construction of Muddy Creek Sewer Line The bid cost of this project was $745 ,374 .25 . This claim is in the amount of $273 ,428 .98 . With the payment of this claim the City will have paid this contractor $603 ,369 .22 . This does not include $31 ,756 .27 retainage. This project has been inspected by the City Inspector , the claim has been approved by the Consulting Engineer and by the Director of Planning and Engineering . Therefore, it is recommended that this claim be approved and payment authorized . MEMORANDUM DATE: September 18 , 1990 TO: Bill Dashner , City Manager FROM: Paul D. Beaver, Director of Planning & Engineering RE: Pate & Pate Pay Estimate #2 , Muddy Creek Interceptor Attached is Pate & Pate ' s estimate number two for work accomplished on the Muddy Creek Interceptor through August 28 , 1990 . This estimate has been reviewed and approved by the Consulting Engineer , the Construction Inspector and myself . Payment in the amount of $273,428 .98 is recommended . 1 III HUNTER ASSOCIATES, INC. RIISROB ROBERTS,G. N,P.E. J.TRAVIS RTS,JR.,P.E. PAUL S.BOEDEKER,P.E. ■ ENGINEERS/PLANNERS/SURVEYORS SAM C.MCKENZIE,JR.,P.E. 8140 WALNUT HILL LANE ONEGI EN LAKES SUITE500 DALLAS.1X 75231-4350 214,369-9171 DAVID J.PREWETT,P.E. CHARLE1106 CLAYTON LANE SUITE d10E Al1STIN.TEXAS 7fl723-11133 SI2 454 H7i6 RICHARD KW.ST.JOHN,P.E. K.ST.JOHN,P.E. THOMAS W.STANG,P.E. CHARLES A.DAVIS,P.E. September 17 , 1990 Mr. Paul Beavers , P.E . City Engineer 2000 Highway 78 N Wylie, Texas 75098 RE : Muddy Creek Interceptor Dear Mr Beavers : Enclosed are two (2 ) copies of Pay Estimate No. 2 for the above referenced project. This pay estimate appears to be in order and has been verified by the Project Supervisor, Mr. Corey. Hunter Associates, Inc . recommend that the amount shown due, $273, 428 . 98 be paid in full . If there are any questions, please contact this office. Sincerely, HUNTER ASSOCIATES, INC . / Hal B. Jones, P.E. Sr. Vice President Enclosures HBJ/cr Contract For: CITY OF WYLIE - SANITARY SEWER Page 1 . IMPROVEMENTS, MUDDY CREEK Estimate No: 2 Date: 08-29-90 INTERCEPTOR Estimate Period 08-01-90 to 08-28-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: Item I Description IUnitl ( Quantities ) I Unit Price I Amount I I I Planned I Prey. Est. I This Est. I To Date I I I I I I I I I I 001 36" CONCRETE PIPE, 20-22' I LF I 250. I 125. I 125.00 I 47.50 I 5,937.50 I I I i I I I I 1 I I I I I I I I I I I I I I 1 I I I I I I I I 002 136" CONCRETE PIPE, 18-20' I LF I 300. I 267. I I 267.00 I 43.06 I 11,497.02 I I I I I I I I i I I 1 I I I I 1 I I I I I I I I I I I I I I I 003 136" CONCRETE PIPE, 14-18' I LF I 1,800. I 874. I I 874.00 I 40.57 I 35,458.18 I I I I I I I I I I I I I I I I I I I I I I I I @04 136" CONCRETE PIPE 10-14' 1 LF I 1,200. I 1,828. I I 1,828.00 I 39.37 t 71,968.36 I I t I I I I I I I I I I I I I 1 I I I I I I I 005 130" CONCRETE PIPE, 14-18' I LF I 1,850. I 1,737. I I 1,737.00 I 31.36 I 54,472.32 I I I I I I I i I I i I I I I I I I I I I I I t 006 130" CONCRETE PIPE, 10-14' i LF I 875. I 910. I 910.00 I 30.21 I 27,491.10 I I I I I I I I I I I I I I I I I I I I I I I I 007 124" CONCRETE PIPE, 10-14' 1 LF I 2,050. I 747. I 832. I 1,579.00 I 24.83 I 39,206.57 I I I I i I I I I I I i I I I 1 I I I I I I I I 008 124" CONCRETE PIPE, 0-10' I LF I 1,200. I 1,151. I 348. I 1,499.00 I 23.91 I 35,841.09 I I 1 I I I i I I I I I I I I I I I I I I I I 009 121" PVC ASTM F794 OR F679 I LF I 450. I 197. I 197.00 I 30.93 I 6,093.21 120-22' INCL EXCAVATION CL. B-11 I I I I I I i EMB, TESTING AND BACKFILL I I I I I I I I I I I I I I I 010 1221" PVC ASTM F794 OR F679 I LF I 350. I I 293. I 293.00 i 26.51 I 7,767.43 118-20' INCL EXCAVATION, CL B-11 I I I I I I 1 EMB, TESTING & BACKFILL I I I I I I I I I I I I I I 1 011 121" PVC ASTM F794 OR F679 I LF I 1,500. I I 1,425. I 1,425.00 I 23.97 I 34,157.25 114-18' INCL EXCAVATION, CL B-11 I I I I I I { EMB, TESTING & BACKFILL I I I I I I I I I I I I I I 1 1'f Contract For: CITY OF WYLIE - SANITARY SEWER Page 2 IMPROVEMENTS, MUDDY CREEK Estimate No: 2 Date: 08-29-90 INTERCEPTOR Estimate Period 08-01-90 to 08-28-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: Item I Description lUniti ( Quantities ) I Unit Price I Amount I I Planned I Prev. Est. i This Est. I To Date I I I I I I I I 012 121" PVC ASTM F794 OR F679 I LF I 2,900. I 2,614. I 2,614.00 I 22.70 I 59,337.80 110-14' INCL EXCAVATION, CL B-11 I I I I I I I EMB, TESTING & BACKFILL I I I I I I I I I I I I I 013 121" PVC ASTM F794 OR F679 I LF I 2,000. I I 2,088. I 2,088.00 I 21.90 I 45,727.20 1 0-10' INCL EXCAVATION, CL B-1 I I I I I I I I EMB, TESTING & BACKFILL I I I I I I I I I I I I I I I 014 112" PVC ASTM D3034 SDR35 OR I LF I 500. I I 0.00 { 18.09 I 0.00 I ASTM F789 10-14 INCLUDING I I I I I I I I EXCAVATION, CL B-1 EMB, I I I I I I I I TESTING & BACKFILL I I I I I I 1 I I I I I I I 015 112" PVC ASTM D8034 SDR35 OR I LF I 1,900. I I 766. ' I 766.00 I 17.04 I 13,052.64 I ASTM F789 0-10', INCLUDING I I I I I I I I EXCAVATION, CL B-1, TESTING I AND BACKFILL I I I I I I I I I I I I I 016 18" PVC ASTM D3034 SDR35 OR I LF I 850. I I 795.' I 795.00 I 15.06 I 11,972.70 I ASTM F789 0-10', INCLUDING I I I I I I I I CL B-1 EMB, TESTING & BACKFILLI I I I I I I I I I I I I I I 017 116" DIP CL50 0-14' INCLUDING I LF I 500. I I 466.' I 466.00 I 35.33 I 16,463.78 I EXCAVATION, CL B-1 EMB, I I I I I I I 1 TESTING & BACKFILL I I I I I I I I I I I I I I I 018 5' DIAM MH 0-10' W/SEALED I EA I 20. I 17. I 4.' I 21.00 I 1,830.00 1 38,430.00 I RING, COVERS & STUB OUT I I I I I I I I I I I I i I 019 14' DIAM MH 0-10' W/SEALED RINGI EA I 10. I I 8. I 8.00 I 1,139.00 I 9,112.00 I COVERS & STUB OUT I I I I I I I I I I I I I I 020 14' DIAM MH 0-10' W/STD RING, I EA I 2. I I 2. I 2.00 I 1,038.00 I 2,076.00 I COVERS & STUB OUT I I I I I I I 021 1 4' DIAM MH 0-10' W/STD RING, I EA I 2. I I 1. I 1.00 I 1,402.00 I 1,402.00 I COVERS AND STUB OUT I I I I I I I 022 14' DIAM MH 0-10 W/SEALED RING, I EA I 1. I I 1. I 1.00 I 1,504.00 I 1,504.00 I COVERS & STUB OUT I I I I I I I I 023 15' DIAM MH )10' I VF I 70. I 51. I 2. I 53.00 I 99.75 I 5,286.75 I I I I I I I I 024 14' DIAM MH AND 4' DIAM DROP I VF I 70. I I 32.5 I 32.50 I 52.50 I 1,706.25 { MH ) 10' I I I I i I I I o;;/)" Contract For: CITY OF WYLIE - SANITARY SEWER Page IMPROVEMENTS, MUDDY CREEK Estimate No: 2 Date: 08-29-90 INTERCEPTOR Estimate Period 08-01-90 to 08-28-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: . Item i Description IUnitl ( Quantities ) I Unit Price I Amount I I I Planned I Prev. Est. I This Est. I To Date I I I I I I I I I I 025 I STAINLESS STEEL TURBINE MH I EA I B. I ► 4. I 4.00 I 793.00 I 3,172.00 I VENT W/6-5/8" OD GALV PIPE I I I 1 I I I I I I I I I I I 0226 I BORE & STEEL ENCASE STATE HWYSI LF I 500. I 270. I 170. I 440.00 I 180.18 I 79,279.20 I DRIVEWAYS & RAILROADS I I I I I I i I 027 I CONCRETE F/PIPE ENCASEMENT I CY I 150. I 62.4 I 16. I 78.40 I 60.00 I 4,704.00 I AND PIERS INCL 2-NO. 5 I I I I I I I I VERTICAL BARS PER PIER I I I I I I I 1 028 I CONNECT TO EXISTING MH, STUB I EA I 3. I 1. I 1.00 I 159.60 I 159.60 I OUT OR LIFT STATION I I I t I I I I I I I I I I I 029 I CMT STAB BACKFILL IN TRENCH AT I EA I 5. I 2. I 2. I 4.00 I 2,450.00 I 9,800.00 I CREEK CROSSINGS, INCLUDING I I I I I I I I EXCAVATION, CMT, MIXING & ( COMPACTING I I I I I I I I I I I I I I I 030 I REMOVE 2 EXISTING PUMPS 1 I LS I 1. I I I 0.00 I 2,579.00 I 0.00 I APPURTENANCES IN EXISTING 4' I I I I I I I I DIAM WET WELL I I I I I I I I I I I I I I I 031 112" THICK CRUSHED LIMESTONE I SY I 100. I 38. I 38.00 I 7.98 I 303.24 I FLEXIBLE BASE I I 1 I I I I I I I I I I I I 032 I SHEETING, SHORING, BRACING OR I LF I 20,375. I 7,639. I 9,824. I 17,463.00 I .10 I 1,746.30 I OTHER MAILS F/CONSTRUCTION OF I SEWER PIPE IN TRENCHES 5'+ I I I I I I I I I I I I I I I 033 14" SS SVCS EXTENDING TO EDGE I EA I 10. 1 . I . i 0.00 I 150.00 I 0.00 i OF EASEMENT I I I I I I I I 034 I BROADCAST SEEDING I AC I 4. I I 0.00 I 1,300.00 I 0.00 I I I i I I I I 035 I FURNISH & CONSTRUCT MH MARKERSI EA I 5. I . I . I 0.00 I 60.00 I 0.00 i I I I I I I I ( 519 Contract For: CITY OF WYLIE - SANITARY SEWER Final Page. IMPROVEMENTS, MUDDY CREEK Estimate No: 2 Date: 08-29-90 INTERCEPTOR Estimate Period 08-01-90 to 08-28-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: Item I Description IUnitl ( Quantities ) 1 Unit Price I Amount I I f Planned I Prev. Est. I This Est. I To Date I I I I I I I I f I TOTAL WORK TO DATE I I I I I I I 635,125.49 I I I I I I I I 1 PLUS MATERIAL ON HAND I I I I I I I 0.'. I I I I I I I I TOTAL AMOUNT TO DATE I I I f I t I 635,125.49 I I I I I I I I 1 LESS 5.00% RETAINAGE I I I I I I I 31,756.27 I I I I I I I I LESS PREVIOUS PAYMENTS I i I I I I I 329,940.24 I I I I I I I f I TOTAL AMOUNT DUE THIS ESTIMATED I I I I f I 273,428.98 I I f i I I 1 SUBMI BY: PATE & P R I E INC. I �I/ ` I I I I APPROVED BY: I I I I I I 1 4•,i,14.44/ e-. `J / CONTRACTOR'S APPLICATION FOR PAYMENT Pay Request No.: 2 Date: 08/29/90 Period From: 08/01/90 To: 08/28/90 Project: Wylie - Sanitary Sewer Engineer. Hunter Associates , Inc . Improvements , Muddy Creek Interceptor 8140 Walnut Hill Lane Dallas , TX 75231 Owner: City of Wylie 2000 Highway 78 N. Wylie,Texas 75098 Contractor. Pate& Pate Enterprises, Inc. Contract Date: 1/23/90 Notice to Proceed: 03 /01 /9 0 Contract Amount: $ 7 4 5 , 3 7 4 . 2 5 Calendar Days: 270 Adjustments: Extensions: Revised Amount: Revised Days:y Revised Date: Summary of Job Stat w Total Work Completed $ Sub tted By: p635,125.49 By: ,)` Material Stored on Site S Narne Steve Pate , President Title -o- Date: 174,- Subtotal $ 635,125.49 By: : Wylie P oject Supervisor Less 5% Retained $ 31,756.27 y ‘7 Subtotal $ 603,369.22 ame etZ Date: 9.— /p — 99 Less Previous Payments $ 329,940.24 Amount Due This Period S 273,428.98 Revi ed By: By: a,.,,.-L O-. ,-,-, Name Project Engineer Date: 9 J l 91 q p Approved for Payment By: City of Wylie By: Name City Manager Work Completed: 85 % Time 67 % Date: 5.2 MEMORANDUM DATE: September 19 ,1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage RE: Authorize Solicitation for Competitive Bids for Vehicle Fuel for One (1) Year Authorization is requested to solicit competitive bids for motor fuel contracts for one (1) year . This bid will include all vehicle fuels and we will solicit locked in prices for one (1) year . As you know all bids will be subject to a federal fuel adjustment clause based on the price of crude oil . The current contract expires in November . 53 4.. ` MEMORANDUM DATE: September 19 , 1990 TO: Mayor and City Council 'At,FROM: Bill Dashner, City Manager . 444444 RE: Discuss and Consider Payment of Final Claim and Accept Project as Complete on 1990 Summer Street Program and Approve Change Order No. 1 in the Amount of $7, 066 . 30 . The contractor , Glenn Thurman , Inc . has completed all five (5) streets in the program. There was a total of 18 ,944 square yards in the bid of asphalt to be used. However, the contractor ended up putting down 20 ,771 square yards of asphalt . The bid price for more than one (1) move in and set up was $3 .30 per square yard . The total cost of this project to overlay the five (5) streets was $68 ,634 . 30 . The bid price was $61 ,568 .00 . The final cost was $68 ,634 . 30 . Therefore, the City Council will have to approve Change Order No . 1 in the amount of $7 ,066 . 30 . This is the amount of money that the project exceeded the bid price. Therefore, the City started with a budgeted amount of $200 ,000 . To date the City has spent $126,955 .91 This $126,955 .91 includes the asphalt contract , lime, signs , Reeder Distributors , Helmberger & Assoc, equipment rental , barricades , Bomag transportation costs . The $126,955 .91 figure does not include City labor and other incidental costs . Attachment: Detailed Report Breakdown MEMORANDUM TO: Bill Dashner, City Manager FROM: James Johnson, Finance Direct.o RE: 1990 Street Reconstruction Costs (Totals to Date) DATE: 08/27/90 The following is a breakdown of receipted invoices paid on pending by category. ASPHALT - GLEN THURMAN (BID #90-11 ) $18, 944 . 00 Bid - with Hilltop to Park (per sq. yd. ) (Glenn Thurman) 20 , 771 X $3. 30 $68, 544 . 30 (actual ) Grade failure on (Hilltop) 90 . 00 3 tons of Asphalt With a total of $68, 634. 30* (pending) LIME (CHEMLIME) BID #90-10 $24, 042 . 36 (paid) 319 tons billed to date (319 tons used) 500 tons - 37 , 665 max. $4 , 324 . 90* (pending) Lime Total $28 , 367 . 26 SIGNS ( VULCAN SIGNS) $ 1 , 232. 67 (paid) ( 5 PAGE--2 tEEDER DISTRIBUTORS (BID #89-05) $ 799 . 57 (paid) (Diesel Fuel) $ 842. 28* (pending) Fuel total $ 1 . 309. 12 ATL LABS $1 . 196. 69* (pending) $1 , 303. 31 (paid) (Analysis) Total $2. 500 . 00 CONLEY LOTT - NICHOLS $ 556. 90* (pending) Repair of Bo-Mag HELMBERGER & ASSOC. $ 1 , 200 . 00 (paid) (Engineering) $ 225. 00* (pending) Total $ 1 . 425. 00 EQUIPMENT RENTAL (BID 90-12) $15, 829 . 33 (paid) $ 5, 200 . 00* (pending) Equipment Rental Total $21 .029. 93 DALLAS LITE & BARRICADE $ 528. 00 (paid) $ 818. 40 (pending) Barricade Total $ 1 . 346. 40 PAGE--3 CLARK TRANSPORT $ 222. 00 (Bomag) (paid) TOTAL (Accounts Payable Pending & Encumbered) $81 , 798 . 67* TOTAL (Paid to Date) 45, 157. 24 GRAND TOTAL $126 . 955. 91 This amount does not include labor related costs . Asphalt bid as it stands exceeds our contract by 9. 64% or 1 , 827 sq. yards over the contract of 18, 944 sq. yards. V 7 P.O. Box 850842 MESQUITE, TEXAS 75185-0842 DATE JOB NO. September 19, 1990 I 131 (214) 286-6333 ATTENTION Mr. Jim Holcomb RE: TO City of Wylie Asphalt Overlay Wylie, Texas Purchasing Department P.O. Box 428 Wylie, Texas 75098 WE ARE SENDING YOU la Attached 0 Under separate cover via the following items: ❑ Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications ❑ Copy of letter 0 Change order 4 Monthly Estimate #01 & Final COPIES DATE NO. DESCRIPTION 1 9/19/90 Monthly Estimate #01 & Final (Revised) THESE ARE TRANSMITTED as checked below: la For approval 0 Approved as submitted ❑ Resubmit copies for approval XX For your use 0 Approved as noted 0 Submit copies for distribution ❑ As requested 0 Returned for corrections 0 Return corrected prints ❑ For review and comment ❑ O FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED('rit, If enclosures are not as noted, kindly notify u e. /7Gary R. Maynor PRODUCT 2aMin2 /NEW/Inc,Wok M OIUI. ((V// Vice President (Cr Car GLENN THURMAN, INC. MONTHLY ESTIMATE PROJECT NAME PROJECT i DATE ESTIMATE i ASPHALT OVERLAY 6.T. i i01 CITY OF WYLIE CITY OF WYLIE 131 19-SEP-90 Aug-90 P.O. BOX 428 WYLIE, TEXAS 75098 : :::::::::::::::s::S:s:a ITEM * DESCRIPTION *UNIT OF* CONTRACT * PREV WORK *WORK PERFORMED * TOTAL WORK * UNIT *TOTAL $ AMOUNT * AMOUNT DUE * CONTRAC i * OF WORK *MEASURE*OUANTITIES* PERFORMED * THIS MONTH f PERFORMED * PRICE *WORK PERFORMED * THIS ESTIMATE * AMOUNT *2' HNAC * SY * 18944.00 * f ::::::::::::::: *OVERLAY * * t * 20771.00 * 20771.00 * $3.30 * $68,544.30 * $68,544.30 * $62,515 * * * * * *HMAC FOR GRADE f TON * f * 3.00 * 3.00 * $30.00 * $90.00 * $90.00 * *FAILURE 8 300 f * f t t t t t * HILLTOP * * * * * t t t t t * * f a * * * t t * * * * * t t t * * f * * * * * t * * t * * f * * * * * t t t * * f * * f * * * if t * * t t t * * * f * * * f it t t t * t a a if f * f * f * f * f * t * * * f * f * * * * * a t * f * * * t f * a t a * * * f f * * f * * IF t * * f f * * * * f f * * t t t * t * * * f f f f * t t t t * *CONTRACT AMOUNT $62,515.20 * * sr.:: ::: r TOTAL AMOUNT OF WORK PERFORMED f $68,634. *PERCENT COMPLETED 109.79X* *LESS I RETAINED* f *GROSS AMOUNT DUE $68,634.30 * *AMOUNT PAYABLE ON CONTRACT * $68,634. *RETAINED THIS PERIOD : * *LESS PREVIOUS PAYMENTS f APPROVED BY: GLENN THURMAN, INC. *AMOUNT DUE THIS ESTIMATE * $68,634. c. *LESS OTHER DEDUCTIONS f --•--- - -- ------- -- --- r *NET AMOUNT DUE * $68,634. PAGE1 OF 1 -: ::::::::::::::::::::::e P.O. BOX 850842 • MESQUITE, TEXAS 75185-0842 • 214/286-6333 • FAX 214/557-5096 MEMORANDUM DATE: September 5, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager ^'14,%i.4 RE: Discuss and Consider Payment of Claim as a Part of Wylie Service Center Investigation Attached is claim in the amount of $824 .38 to Jones and Neuse for necessary investigation on soil and ground water at the service center site . With this payment the City will have spent $31,000.00 on the area of the litigation. We are hopeful that this money will be recoverable. Attachment: Claim and Supporting Documentation 611 M E M u 1{ A N .D U M '1'0: BILL DASHNER, CITY MANAGER FROM; JAMES JOHNSUN , DIRECTOR OF FINANCE DATE: SEPTEMBER b, 199u RE: AGENDA ITEM M SE1''1'EMBER 11 , 1990 WYLIE SERVICE CENTER INVESTIGATION JONES & NEUSE .- Appropriation - $32 , 500 . 00 Account - Landfill Fund 72-700-721-02935 Expenditures to date - $30 , 206 . 60 Scope: Council authorized (March 1990 ) irivesti.gation( soils and groundwater) of Service Center by Jones and Neuse, Environmental Engineers Expenditure level after payment - $31 , 030 . 98 Investigation complete - report generated for City' s legal counsel . il JONES AND NEUSE, INC. August 15, 199 - rl_lH-'��i�o�ic'ei No. 328902-005 81 11 1275 ��N 1 IH 10 East, Suite Houston, Texas 77029 713-450-1882 j '} ,1 Wylie Service Center 0 Mr. James Johnson f Finance Director City of Wylie 2000 Hwy 78N Wylie, TX 75098 PM146 Period of Service: July 1, 1990 through July 31, 1990 Preparation of draft report to Shiply and Inhofe and discussion with attorneys and city's representatives. Task 1 - Labor Geologist IV 4 .750 hr @ $ 75. 00/hr = 356. 25 Clerk II 5.750 hr @ $ 30. 00/hr = 172 .50 528.75 Expenses Mail/Shipping 5.52 Telecommunications 11. 01 Reproduction 279. 10 Labor 295. 63 No Labor Costs Incurred This Billing Period Expenses Amount Due This Invoice $ 824 . 38 PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS. AFTER 30 DAYS, INTEREST OF 1% PER MONTH WILL BE APPLIED TO AMOUNT DUE. TERMS:Net cash,due on receipt of invoice.Payable in Houston,Harris County,Texas A 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT. MEMORANDUM DATE: September 20 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager '.9 RE: Conduct a Public Hearing and Consider Adoption of an Ordinance Changing Lots 13, 14 and 15 of Block 3 in the Brown & Burns Addition from "SF-3" to Professional Office Zoning Classification The Wylie Planning and Zoning Commission met in regular session on September 17 , 1990 and voted 4 in favor of and 3 against the zoning change. The Planning and Zoning Commission and the City staff recommend that the City Council consider this zoning change. However , it should be understood that this structure prior to occupancy must comply with all City codes as professional office usage. This would include fire code compliance, electrical code compliance and other federal law provisions for the handicap since the structure must have access to the general public. 63 MEMORANDUM TO: Bill Dashner , City Manager FROM: Ed Richie , Director of Community Development SUBJECT: Zoning Change Birmingham Land Trust DATE: September 19 , 1990 On Monday , September 17 , 1990 , the Planning and Zoning Commisssion voted 4 in favor and 3 against to recommend a change in zoning from "SF-3" , Single Family-3 , to "0" , Professional Office on a tract of land known as Lots 13 , 14 and 15 of Block 3 in the Brown & Burns Addition . The Professional Office District provides an ideal buffer between residences and the retail activity south of Jefferson . Staff concurs with Planning and Zoning Commission . ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200 .00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of Birmingham Land Board should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 .That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: PROFESSIONAL OFFICE Said property being described as follows : Lots 13, 14 and 15 Block 15 Block 3 Brown & Burns Addition SECTION 2 .That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect . SECTION 3.That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4 .That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5 .That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended , and upon conviction shall be fined an amount not to exceed the maximum established by State Law, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the day of , 199 . John W. Akin, Mayor ATTEST: Carolyn Jones , City Secretary 66 MEMORANDUM DATE: September 20 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager 11444 RE: Conduct a Public Hearing and Discuss and Consider Removing the Branch Peninsula Area from the City' s Extra Territorial Jurisdiction and Adopt an Enabling Ordinance The Planning and Zoning Commission met in regular session on September 17 , 1990 and considered the above referenced subject. The Planning and Zoning Commission voted unanimously that the City Council consider eliminating this specific area from the City' s E.T.J . The Planning and Zoning Commission and staff site the following reasons : 1 . It is highly doubtful that the City will in the future extend all City essential services . 2 . Currently if this land is developed it will have to be developed in compliance with all codes that apply to any land developed inside the City limits . 3. It is economically unfeasible to develop this land right now. Therefore, property owners are precluded from developing their land and have no practical alternatives . 4 . At the very least sound land use policy would allow land owners to develop this area as rural estates . Attachments: Site Location Map Planning and Zoning Recommendation Ordinance � 9 MEMORANDUM TO: Bill Dashner , City Manager FROM:Xj/. Ed Richie , Director of Community Development SUBJECT: Elimination of Extra Territorial Jurisdiction in the Branch Peninsula Area DATE: September 19 , 1990 Because of the City of Wylie 's city limits line extending over a large portion of Lake Lavon and the Corps of Engineers Parks , a large portion of the Branch Peninsula area falls within the E .T .J . of the City of Wylie . The lake provides a natural barrier in which the city will probably never extend services or its city limits . It would seem impractical to require rural areas which will never be a part of the city to comply with urban development standards . It is the opinion of the City Attorney that we can reduce our E .T .J . by ordinance . The Planning and Zoning Commission recommended that the City reduce its extra territorial jurisdiction for the Branch Peninsula area . 68' • w►rr •�•• ' ' `••v-4y• _ _7 it..' _ v.xt L MPS rifaM a:-- j • ! . 1 ..-t f ) - .,„.1,),_ - -:--7.VI .2 ::::: I • • 2 . ._ • 2 8 P .t__-n-z }_ -= - .. .. — .. - R_ac. — ♦- ,' ,�w:qj " 5) ; • , II • j tii :rji* F . .-.1- 7 , .7 r,\I)S,..,c710. . ,,,7•-•:\_ ,....P • • I E4_s- _ •- -- -• t� -- • \ 1 F--__-L_ !1iJE .Y ` I •I<• • • 1 2}/I7 11 : 9,, • /4Q4 --- ::_.9 2.- a ,, „ .,„..:, , tk'• - ‘,. i .-piv- - iil • . ' I i' L -----°%\II 1 I .. ' • _ _477 _ a 45. ' - ' o e 1LLHi ;; 'l' 409\j ! �,�. s. bum. • - • i . 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I , . 1 'N••. ) �\ `F � of „e e - 6977.„,....___- H a o r 1 1• N E"I � ,........,___if.,,,,.._- Normal Pool 31�v 472' ' )I '— - - - •A - 7 �z / 7�S 39.%� f1/ ; ' —�\ 4! !-_.- Ei:iif!:• l i r A s SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD ALFRED SALLINOER (Formerly Saner,Jack, Sallinger&Nichols) apnra+p N►V'NILL LAWRENCE W.JArM4ON Attorneys& Counselors at.Law ROT E.NADER TIM KIRK 1300 Lincoln Plata PETER O.SMITM ROQ1•RT L.DILLARD 111500 N. AA'__� JONN PIERCE GRIFFIN L LL DAVID M.MERMAN ROBERT L.DILLARD.JR. Dallaa.Unit 75201 JOMN F.ROtMM 111 N.LOWS NICNOLI (214)954-3333 irJct A.RTDCKARD or COUNSEL Facsimile(214)954-3334 September 17, 1990 Mr. Ed Richie Director of Community Development City of Wylie P. O. Box 428 Wylie, Texas 75098 Dear Ed: This will acknowledge your question with regard to the right of the city to waive extraterritorial jurisdiction. Extraterritorial jurisdiction is created by Section 42. 021 of the Texas Local Government Code. By virtue of that section, the City of Wylie has extraterritorial jurisdiction within one mile of its corporate boundaries. When the city annexes territory, its extraterritorial jurisdiction expands accordingly. The extraterritorial jurisdiction of the city may be reduced by ordinance enacted by the City Council. This is specifically authorized by section 42.023 of the Texas Local Government Code. The Home Rule Charter does not specifically mention extraterritorial jurisdiction, but it does authorize the City Council to disannex territory and to fix its boundaries with or without the consent of the inhabitants or owners of the territory. In my opinion, the extraterritorial jurisdiction of the city or any part of it may be reduced by appropriate enactment Of an ordinance by the City Council. The ordinance should specifically describe the area of extraterritorial jurisdiction being released or waived by the City Council. Waiver of a portion of the extraterritorial jurisdiction affects only that portion and does not reduce or affect any other portion of the extraterritorial jurisdiction not described in such ordinance. Please let me know if you have any other questions on this subject. Very truly yours, NGER, NICHOLS, JACKSON KIRK . DILe, 1♦ I By Robert L. Dillard iir RLD/sb 20 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ELIMINATING THE EXTRA-TERRITORIAL JURISDICTION BOUNDARY LINE IN THE BRANCH PENINSULA, AND PROVIDING FOR AN EFFECTIVE DATE: WHEREAS, the City of Wylie desires to eliminate it' s Extra Territorial Jurisdiction in the Branch Peninsula area in accordance with Section 42 .023 of the Texas Local Government Code; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described property be deleted from the Extra-Territorial Jurisdiction of the City of Wylie. Beginning at a point in the Thomas Chambers Survey, Abstract 1049 , said point being the Southwest corner of the Thomas Chambers Survey. Thence; North along the West boundary of the Thomas Chambers Survey, continuing along the Western border of the W. W. Bell Survey, Abstract 37 and the William Johnson Survey 476 , to the Northwest corner of the William Johnson Survey, Abstract 476 . Thence, continuing along the border of the Sara D. Terry Survey, Abstract 890 to the Northwest corner of the John Russel Survey, Abstract 737 . Thence; following the Northern and Eastern borders of the John Russel Survey, Abstract 737 and continuing along the Eastern and Southern borders of the James King Survey, Abstract 588 to a point at the Northeast corner of the John G. Kirby Survey, Abstract 515 . Thence; South along the Eastern border of the John G. Kirby Survey, Abstract 515 to a point in the Northern border of the M. I . Giminez Survey, Abstract 338 , said point also being the Southeast corner of the Brice M. Carr Survey, Abstract 175 . Thence; South across the M. I . Giminez Survey, Abstract 338 to a point in the Southern border of the M. I . Giminez Survey, Abstract 338 said point also being the Northeast corner of the Lemuel Hill Survey, Abstract 433 . Thence; West along the Southern border of the M. I . Giminez Survey, Abstract 338 and continuing the Southern and Western borders of the Madison Walker Survey, Abstract 1022 to a point in the West border of the Madison Walker Survey, Abstract 1022 said point also being the Southeast corner of the Thomas Chambers Survey, Abstract 1049 . Thence; West along the Southern border of the Thomas Chambers Survey to the point of beginning . 7` SECTION 2 . That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect . SECTION 3 . Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof , other than the part so declared to be invalid , illegal or unconstitutional . SECTION 4 . The fact that the best interest and welfare of the general public will be served by the City of Wylie by deleting this portion of its Extra-Territorial Jurisdiction , requires that this Ordinance shall take effect immediately from and after its passage , and it is accordingly so Ordained . DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1990 APPROVED: JOHN AKIN, MAYOR ATTEST: CITY SECRETARY 72 MEMORANDUM DATE: August 30 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage qf'j*P4'g.' 14 RE: Discuss and Consider the Adoption of an Ordinance Limiting Citizen Participation on enumerated Boards and Commissions . Attached is a proposed ordinance that was requested for City Council consideration. The ordinance if adopted would limit any citizen from serving on more than one (1 ) major Board or Commission. 75 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REGARDING CITY COUNCIL POLICY ON THE APPOINTMENT OF BOARDS AND COMMISSIONS AS PROVIDED FOR IN ARTICLE 8 OF THE CITY CHARTER. WHEREAS, it is the desire of the City Council in the interpretation of Article 8 of the City Charter, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . In order to obtain increased citizen participation on Boards and Commissions the City Council establishes as policy that citizens shall be appointed to and serve on only one (1) Board or Commission SECTION 2 . This policy does not include members of the Governing Board , the City Manager ' s office or staff . SECTION 3 . As the Charter stipulates individuals may be appointed to serve on more than one (1) Board, Commission or Committee. The City Council may by ordinance consolidate the functions of the various Boards , Commissions or Committees enumerated in the Article. SECTION 4 . The Boards and Commissions this order will apply to are as follows : Planning and Zoning , Parks and Recreation, Library Board, Development Board and NTMWD Board and the Board of Adjustment . SECTION 5. The Ordinance shall take effect immediately from and after its passage and the publication of its caption as the law in such cases provides . DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE 11TH DAY OF SEPTEMBER, 1990 . John Akin, Mayor ATTEST: Carolyn Jones, City Secretary MEMORANDUM DATE: September 19 , 1990 TO : Mayor and City Council FROM: Bill Dashner , City Manager gil/W.0•mm 116 RE: Discuss and Consider Equipment that is needed on an Ongoing basis for Street and Drainage Maintenance and Control and Consider Competitive Bids for the Acquisition of Equipment At the present the City has serious problems in ongoing '' street maintenance and drainage improvements and control. There are several pieces of equipment that must be acquired if the City is to do the job that has to be done. We do not have the following equipment to control these problems. 1 . A GRADAAL for bar ditch and drainage ditch clearance. Streets wear out when the water has no place to go . 2 . A ROADGRADER is needed to properly repair streets . A roadgrader and blade is needed to properly spread asphalt and sub-base material when repairing stretches of street . Potholes are treated differently than large stretches of road that have deteriorated . 3 . A BULLDOZER - In order to clear overgrown and unmaintained drainage canals throughout the City a bulldozer will be needed. It will be impossible in may judgement to clear all drainage canals such as rush creek without this equipment . We have budgeted in the new budget $32 ,000 .00 for heavy equipment. I believe on a lease purchase option all the above equipment used could be obtained under a two (2) year payout . Approximate cost $64 ,000 . '' " +"r,q'�":. 5 ;` r 1 : 4 '"l'1 ^�yq y I Y �t�'Sr. i . 1r * / .ir.p'elr i , , :4 k „. SDI ',a6 e4 ' k 4 _ o ,I.wl h __ wr; a::: r'r''f sf, k ., 1 MEMORANDUM DATE: September 11 , 1990 TO : Mayor and City Council FROM: Bill Dashner , City Manage 'AJ RE: Discuss and Consider Letter from Private Citizen on Naming a City Street Currently Unnamed . Attached is a letter from Mr . Dale R Swanson requesting that the City name an unnamed City Street either Dale Road or Eastfork Road . It is my understanding that there are no residential or commercial establishments on this road . The only expense that would be incurred to take action on this request would be street markers . Attachment : Letter of Request Request for Agenda Time 76 REQUEST TO BE PLACE ON AGENDA Date of next Council Agenda 7 molil..ds�901 , _46..._ __,/,)__LILL.Lo. LL.,.0 \ , wish to speak to the City Council for the reason listed below:7_ !1C...L -r1.7+ "L+Z ._'�` _ 1_ :.i--...6• Li f ,' i 1j.1 .. .3r (... i -e6,.d.,1 , ,( 5 . / ( // L'6‘11. /0 ,O Thank you, zi 7 . ,, , _ _.„,.,. t ,e, ' ,,,- .1 ' ., - !" '1, Signature Street ' City, State Zip Code a ' (1 - cl 4,,� 1 ,•$_ Phone Number 't DALE- SW4'SKI ----SAC p4-EXAS 1► �' 3 His Honor the Mayor April 20, 1990 City Hall P.O. Box 428 Wylie, TX 75098 Dear Mayor Trimble: I would like to be considered in the naming of the new road that has just been completed from Hwy. 78 to the entrance of Lake Lavon reservoir. We have a Boat and Jet Ski rental at East Fork Harbor and would like the new road, which has not yet been named, to be called either Dale Road or East Fork Road. Please let me know if I should be at the City Council meeting for this proposal. Thank you for your help. Sincerely yours, Dale R. Swanson DRS/lm 6408 Industrial Lane • Sachse, Texas 75048 • (214) 530-6768 • Dallas Area MEMORANDUM TO: Bill Dashner , City Manager FROM: Ed Richie , Director of Community Development SUBJECT: Unnamed Street DATE: September 12 , 1990 Attached is a map showing the location of the street in question . Neither requested name is presently being used . 7,9 .'#-47)---) . . . __.„- ---.--._ .. 7 --::1-2-1 )._,: . 7.. 1 v., s I r,„4\__;.71.T. -_____.__ _ • / . . .„/ \ I Ir 1.�,! ' 1 I / - '•I T 1.� � I , \ li _.� _. ,Adka # , .. • _ 41 i • 00 [ '% ! li i 11,.... I - ! A -.. �i� -:_— r ..... ... :..�J • //Al" PI:1111- • I ® ® ® I®®=--- . • •.�.—........ • Ma a 0 War • 0 \ .1 AsstSill"121• 10. O ° ••• ;.:' EMI ::::":'1., 1 • I .7 7 ell.L.1.,,AI.'...:.1..1.4.171j1...." all 74 u rt .e z �. ren, � Sr": i. iad,••••••• c rill !S� n 7" Ju .a 27In t2..r! w Quaau sa •• n war ei4 ,,, , •i7 Zi r R 77 t■ 24403,A aro I ilibr71 mom amp elm 1".. eft'MN/11 OM iiim MID -.----)( y��l • ji0"*""i llalteAA A '2Q��j�ti• eit° MEMORANDUM DATE: September 17 , 1990 TO: Mayor and City Council . FROM: Bill Dashner, City Manager 1.4k- RE: Discuss and Consider City` Council Workshop Concept for Policy Planning and Policy Development It has been requested that the City Council discuss using regular workshops to develop planning concepts , policy development and rules and procedures for the conduct of City Council business . SALLINGER, NICHOLS JACKSON, OCT I 9 198;1 KIRK & DILLARD '', , i ALFRED SALLINGER (Formerly Saner,Jack,Ballinger& Nichols) - DAVID M I .BERMAN LAWRENCE W.JACKSON Attorneys& Counselors at Law JOHN F.ROEHM III I TIM KIRK 1800 Lincoln Plaza Bru r A.STOCKARO ROBERT L.DILLARD III r� 500 N. Akard M.LEWIS KINARO ROBERT D HEMPHILL ROBERT E.HAGER Dallas,Texas 75201 . ROBERT L.DILLARD,JR. PETER G.SMITH (214) 954-3333 H LOUIS NICHOLS JOHN PIERCE GRIFFIN Facsimile(214) 954.3334 OF COUNSEL October 18, 1989 Ms. Carolyn Jones City Secretary City of Wylie P. O. Box 428 Wylie, Texas 75098 Dear Carolyn: This will acknowledge your question with regard to citizen participation and council discussion on council and board meeting agendas. Article III, Section 9, of the Charter provides that all city council meetings shall be held and notice given in conformance with Article 6252-17, V.A.T.S., as amended. This statute of course also applies to any board, commission, department, committee, or agency within the city which is under the direction of one or more elected or appointed members, together with every deliberative body having rule making or quasi- judicial power. This includes, among others, the Planning and Zoning Commission and the Board of Adjustment. The Charter also provides, in Article VIII, Section 3, that all meetings are subject to current and future laws of the state concerning public meetings. Article 6252-17 requires the posting of a notice of each meeting specifying any matter which will be considered or acted upon. There are numerous exceptions, one of which is that notice need not be posted with regard to matters about which specific factual information or a recitation of existing policy is furnished in response to an inquiry made at a public meeting, whether such inquiry is made by a member of the general public or by a member of the governmental body. Any deliberation, discussion, or decision with respect to the subject about which inquiry was made shall be limited to a proposal to place such subject on the agenda for a subsequent meeting of such governmental body for which notice has been provided in compliance with the Act. These latter provisions really mean that citizen participation should be limited to a citizen making a statement and asking questions. If the questions can be answered by a staff member or by a member of the city council or board by simply furnishing specific factual information or reciting existing policy, that is permitted. If the question or the statement by the citizen requires any deliberation, discussion, or decision by the council or board involved, then the subject may only be discussed with respect to a proposal to place it on an agenda for a future meeting. The same rule applies to a statement made or question asked by a member of the council or board. In that event, the council or the board involved may not deliberate, discuss, or decide on any matter raised by the member except to the extent necessary to decide on a proposal to place that subject on the agenda for a subsequent meeting. F02, Ms. Carolyn Jones October 18, 1989 Page 2 The only danger that I see to the council or a board of the city in putting items such as citizen participation and council or board discussion on the agenda is that the members may not be sufficiently familiar with these rules to limit their own comments. This is dangerous for them because violation of the statute is a misdemeanor punishable by a fine of not less than $100.00 nor more than $500.00 or imprisonment in the county jail for not less than one month nor more than six months, or both. It is up to the council and the board involved to decide whether the political value of having citizen participation and council or board discussion outweighs the risk of violation of the statute. Please let me know if you have any other questions on this subject at this time. Very truly yours, SALLINGER, NICHOLS, JACKSON, K & DILLARD Robert L. Dillard Ill RLD/sb MEMORANDUM DATE: September 18 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager RE: Consider Awarding Competitive Bid on the Lease/Purchase of One (1) New Copy Machine This is a rebid item. The City Council considered bids on June 6, 1990 and decided to rebid. Detailed specifications were prepared and competitive bids were solicited . The following are all bids received and analyzed. BIDDER PURCHASE MONTHLY ANNUAL TOTAL COPIER MODEL PRICE LEASE COST COST PAYMENT 48 MONTHS LANIER $ 8 ,448 .00 $222.44 $5 ,916 .98 $23,667 . 92 LANIER 6360 XEROX 12 ,687 .00 362 .80 7,653 .60 32 ,514 .40 XEROX 5052 DATAMAX CANON 6650 11 ,500 .00 316 .25 8 ,175 .00 32 ,700 .00 LANIER 11,330.00 298. 32 8,639.44 34 ,557 . 76 LANIER 6262 PITNEY BOWES 12 ,879 .50 353 . 67 9 ,038 . 04 36 ,152 .16 PBD964 KEY BUSINESS 10 ,250 .00 284 .95 9,483 .40 37 ,933 .60 SYSTEMS GESTETNER 2355 DATAMAX 16 ,995 .00 467 .36 10 ,593 .32 42 ,373 .28 CANON 8580 SOUTHWEST 10 ,895 .00 290 .00 12 ,591.00 50 ,364 .00 BUSINESS SYS. RICOH 5590 SOUTHWEST 16 ,117 .00 425 .00 12 ,768 .00 51 ,072 .00 BUSINESS SYS. RICOH 7770 Based on all bids received and specifications required and under the Competitive Bidders Act of the State of Texas it is hereby recommended that the City of Wylie award the bid to Lanier 6360 in the amount of $222.44 lease/purchase monthly payment, total cost for 48 months $23 ,667 .92 . MEMORANDUM DATE: September 20 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage r je RE: Discuss and Consider Approval of Final Plat on Martinez Addition, Phase II In regular session the City of Wylie Planning and Zoning Commission met and approved by a 7-0 vote to recommend to the City Council final plat approval on Martinez addition, Phase II . This plat has been reviewed by the Staff Engineer , the Director of Community Development and the Planning and Zoning Commission. The City staff concurs with the Wylie Planning and Zoning Commission and recommends that the City Council approve this plat . Sf MEMORANDUM TO: Bill Dashner , City Manager FRO •L/ Ed Richie , Director of Community Development SUBJECT: Final Plat Approval Martinez Addition Phase II DATE: September 19 , 1990 On Monday, September 17 , 1990 , the Planning and Zoning Commission voted 7 for and none against to recommend approval of the final plat for Martinez Addition Phase II . The City Engineer and I have reviewed this plat and concur with the Planning and Zoning Commission . MEMORANDUM DATE: September 19 , 1990 TO: Mayor and City Council 1 FROM: Bill Dashner , City Manager 04444-- RE: Discuss and Consider Autho izing Green Thumb, Inc. to Place Two (2) Trainees at the Smith Public Library Green Thumb, Inc . a division of Community Action, Inc. has agreeded to place two (2) adult trainees at the Library at no cost to the City. These trainees will work 20 hours a week. This will help the Library manpower shortage. The trainee' s will work six (6) months and then the City has the option to bring them on full time, part time or continue with the program being paid by Community Action, Inc . S7 MEMORANDUM DATE: September 18 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider Lett r from Texas Water Commission on Fines and Penalties Regarding the City Sewer System and Approve Letter of Appeal Attached is a letter from Texas Water Commission. Also attached is a letter required by the Texas Water Commission in order for the Texas Water Commission to formally consider the City' s appeal on waiving fines and penalties . The letter needs to be approved by the City Council before it is mailed. TEXAS WATER COMMISSION /-J i,b 1'�•'` B.J.Wynne,HI,Chairman l^; John J.Vay,General Counsel John E.Birdwell,Commissioner Michael E.Field,Chief Hearings Examiner Cliff Johnson,Commissioner `' Brenda W.Foster,Chief Clerk Allen Beinke,Executive Director September 13, 1990 Mr. Bill Dashner, City Manager City of Wylie 2000 Hwy. 78 N. P. O. Box 428 Wylie, Texas 75098 Re: City of Wylie; Permit No. 10384-01; Request for Review of Penalty Assessment of the Enforcement Order dated July 3, 1989 Dear Mr. Dashner: The August 15, 1990 letter from the City of Wylie indicates that the City is requesting a review of the stipulated penalty provision included in the Texas Water Commission (TWC) Enforcement Order dated July 3, 1989. The reason for this request is to eliminate the stipulated penalties from the Agreed Order since the City "is making a sincere, honest, measurable effort. . . " to comply with the Enforcement Order. If stipulated penalties are removed the City shall become subject to administrative penalties of up to $10, 000 per day for violations of its Enforcement Order, permit, or rules and regulations of the TWC. This is the second Enforcement Order issued against the City of Wylie for bypasses from the collection system. During previous discussions on the terms and conditions of the second Enforcement Order, the City of Wylie was informed by the TWC that a third Enforcement Order would not be issued should the City violate its second Enforcement Order. The City would instead be referred to the Attorney Generals Office for litigation. The staff of the Wastewater Enforcement Section of the Water Quality Division does not support changing the existing Enforcement Order. The Second Enforcement Order was agreed to with stipulated penalties for failure to comply with certain technical recommendations. Any amendment to the Enforcement Order must be approved by the Commissioners of the TWC. If the City of Wylie wishes to pursue an amendment to the Enforcement Order a formal request should be submitted to the Wastewater Enforcement Staff with justification for such amendment. The staff will process the request and present it to the Commission P.O.Box 13087 Capitol Station • 1700 North Congress Ave. • Austin,Texas 78711-3087 • Area Code 512/463.7830 PRINTED ON RECYCLED PAPER 8' Mr. Bill Dashner, City Manager City of Wylie Page 2 with a recommendation concerning the course of action we believe the Commission should follow. If you have any questions, please call Ms. Claudia Chaffin in Austin at (512) 463-8379. The City of Wylie will be notified of the Agenda date, in writing, at a later date. Sincerely, Lt- cL-LAL,L, Jennif A. Sidnell, Chief Wastewa er Enforcement 'Section Water Q ality Division CAC:mw cc: TWC District 4 Office, Duncanville 51) ie CITY OF WYLIE 2000 HWY. 78 N. - P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 September 18 , 1990 Ms . Claudia Chaffin Wastewater Enforcement Section Water Quality Division Texas Water Commission P. 0. Box 13087 Capitol Station 1700 North Congress Ave. Austin, Texas 78711-3087 Dear Ms. Chaffin , The City of Wylie is in receipt of your letter dated September 13, 1990 regarding elimination of fines against the City for enforcement orders number one (1) and number two (2) . As was outlined in the City' s letter to you we think that a strong case can be made for the removal of fines and assessments against the City requiring unavoidable bypasses and pump and haul activities . The City through bonded debt has contracted out the construction of major sewer transmission lines at a cost of approximately $2,000,000 to eliminate this problem. We have made a good faith effort to eliminate this problem and should have the line in place the early part of November 1990 . We have also adopted one of the strongest sewer connection ordinances in the State, requiring all property owners to hook in to sewer transmission lines if their property is located within 500 feet of the sewer main. Therefore, for reasons detailed in the previous letter and for reasons stipulated in this letter we would ask that the Texas Water Commission consider eliminating these fines and assessments in that they now appear to be punitive in nature. We do not believe that it f PAGE 2 serves a productive purpose to continue the fines and assessments since the City has taxed itself and raised sewer rates to address the problem. Therefore, the City Council has formerly requested that this matter be brought before the Texas Water Commission as an agenda item for consideration. The City Council will come to Austin and meet with the commision. Sincerely yours, Bill Dashner as Authorized by the City Council City Manager MEMORANDUM DATE: September 19, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager / RE: Discuss and Consider Type of Sewer Line and System in Order to Provide Sewer Service to Newport Harbor Area For some time now discussions have been held on the type of sewer line and system that will be put in to service Newport Harbor. This will be the last area to be sewered to comply with pump and haul eliminations. There are two (2) ways the engineers have recommended . They are: 1 . Construct an outfall line to Newport Harbor for gravity flow. Engineer estimates cost at $587,500 . 2 . Construct a force main system with a lift station. Estimated cost is $340 ,500 . By going with option number two (2) , only Newport Harbor will be served . Going with option number one (1) , Newport Harbor fully developed as well as all the undeveloped land shown on the attached map can be sewered . Finances are critical , there are two (2) projects underway right now that will cost the City a total of $1 ,660 ,000 . These are the Muddy Creek Interceptor and Phase II sewer line project. This leaves only $340 ,000 of the original $2 ,000 ,000 in bond money set aside for this project . If all numbers hold true there probably will be enough left to do option number two (2 ) but not option number one (1 ) . We have made every effort possible to get RTC assistance on this project , I think it is a dead issue. Engineering plans have already been done to do option number two (2 ) . The engineers have recommended a minimum 6" sewer main with various sizes upward to serve the area regardless of the system put in. Attachments : 1. Map of area in question . 2 . Cost Estimate on System #1 3. Cost Estimate on System #2 4. Letter from Consulting Engineer Discussing the Subject . 93 ilfy ttftfl - 'I OP li••••10t*�11:liii ! ,•••!r�w •�I w i•i•�i• t.�•• •ii+ \ '-' int___-- - / r V \ _' ', NI _A_ ,.. ,, _ (, _, 2 _,_ - , __,, N ,_ _, ,,,,, _ . _ . _.___ ,_ ./) ___ :. . , ,, , , ,:,:,: . \ O 1 n 2 ( _ m X i -. 53 \ I '\--, • -------\ "1\---Nym, c . . ,_ , , _, . F. M HIGHWAY NO 544 L \ \ ppr 1---- \ \I PROPOSED � . MAXWELL CREEK i TRUNK SEWER PHASE II N f EXISTING WYI P... WASTEWATER TREATMENT 11 �--> PROPOSED PROF '�� MAXWELL CREEK �.' MUD[ TRUNK SEWER y ‘'� p \ PHASE I �4P ' ``�` INTEF �� PHA S � J5 -_ � • • \ ` \ 2- -- - T-� _� _ -- /I 1 • • . I 1 1 1 t•r I . . I •I 11, , 41rel Is Ili l ', : „' f . M/ I CITY OF WYLIE PROJECTED CONSTRUCTION COST NEWPORT HARBOR OUTFALL LINE 1 No. Unit ?tem Descript]on Unit Units Cost ost 18" Sewer Pipe (0-10' ) L.F. 2000 $ 26 $ 52, 000 18" Sewer Pipe (10-15 ' ) L.F. 2500 30 75, 000 I 18" Sewer Pipe (15-20 ' ) U.F. 3100 35 108,500 18" Sewer Pipe (Over 20' ) L.F. 1500 39 58,500 15" Sewer Pipe (0-10 ' ) L.F. 800 21 16, 800 15" Sewer Pipe (10-15 ' ) L.P. 1500 25 37, 500 15" Sewer Pipe (15-20' ) L.F. 700 29 20,300 15" Sewer Pipe (Over 20 ' ) L.F. 100 35 3, 500 12" Sewer Pipe (0-10' ) L.F. 800 15 12, 000 1 12" Sewer Pipe ( 10--15' ) L.F. 1200 20 24, 000 12" Sewer Pipe ( 15-20' ) L.F. 600 24 14, 400 4 ' Manholes (0-10' ) EA. 21 1550 32, 550 1 4 ' Manholes Over 10' ) V.F. 88 75 6,600 Vented Manholes EA. 5 500 2, 500 Bore and Case Highway L.F. 80 65 5,200 Bore and Case Levee L.F. 188 95 17, 860 Stream Crossing L.F. 100 55 5, 500 Concrete Encasement C.Y. 64 65 4, 160 Connect to Existing Sewer EA. 2 400 _ 800 SUBTOTAL $497,670 TECHNICAL 10% 49,730 CONTINGENCIES 8% 40,000 TOTAL PROJECTED CONSTRUCTION COST $587,500 SHIMEK, JACOBS & FINKLEA Consulting Engineers CLIENT City of Wylie, Texas PAGE NO. 1/1 PROJECT Newport Harbor Lift Station ._ .. _. _...___--- DATE 8/17/90 Force Main & Gravity Sewer BY JRC ENGINEER'S ESTIMATE ITEM NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1 Newport Harbor Lift Station 1 L.S. $70,000.00 $ 70,000 A 2 6" Force Main _ 6,790 L.F. 17.00 115,430 Pressure 3 6" Force Main by Other Grout 40 L.F. 70.00 2,800 4 6" Force Main in 12" Encasement 7.0 L.F. 90.00 6,300 5 8" PVC Gravity Sewer 3,70 L.F. 20.00 74,200 Pressure 6 8" Gravity Sewer by Other Grout 213 Ea. 75.00 15,975 7 Connect to Existing S.S. M.H. , 2 Ea. 1�000.00 2,000 8 2" Air & Vacuum Valve 2 Ea. 3,000.00 6,000 9 San. Sewer Manhole 4'0. 6 Ea. 1,500.00 9,000 Subtotal $301,705 Engineering, Contingencies & Miscellaneous 38,795 Total _$340,500 f t 1 r I I, I t I I l I1 . .. I it r,'i I, I -.P�� I -1 , `-1I I I 1-. . I I,.• HUNTER ASSOCIATES INC. ICIIAnDG EACLIN. P.E. J.TRAVIS ADAMS,JA.,P.E mil ENGINEERS/PLANNERS/SURVEYORS ' SAM CLMCk N21E,BOEDEOJli.P.E. A1�0WAL NM HILL LANE ONE GLEN I.AKES SUITE500 PALL AS Ix 75231•4350 214•00-017, DAVID J.PREWEI1,P.p. 1106 CLAYTON LANE SUITE 110E AUSTtN 0•1,TEXAS 7[120X, E17,154•1711,. CHAHLES W.6GHELER,P.E. !! RICHARD k.ST.JOHN.P.E. THOMAS W.STANG,P.C. DAVID M HOSSEINY,P.E DONALD W WARD,P.C. WILL.IAM D.BRYAN.P,E CHARLES A.OAVIS.P.E. November 1, 1989 Mr. Charles Norwood City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: Sanitary Sewer Line Projected Cost of Construction Dear Mr. Norwood: As requested, we have reviewed the proposed location for a sewer line to extend from the Southfork Outfall Interceptor northeasterly through the San Antonio Savings Association property thence northerly to a point of connection with the existing system located in Newport Harbor Subdivision. Our field inspection of this proposed location identifies several segments which must be taken into consideration during the design and 'construction phase for this project. These in our opinion are as follows: 1. There arc existing trees located along and parallel to the drainage creek line from the place of beginning up to old F.M. 544 (3412). The field inspection identifies that it would be more desirable and less detrimental to the terrain features for the line to be constructed parallel to the east side of the creek area. 2. A roadway bore will be required under the old F.M. 544 roadway section. 3. The existing soil conservation flood reservoir will require a special design where the line crosses under the dam structure. This particular cost estimate provides that the sanitary sewer line would be installed, in a bore and case system under the levee system. This should be acceptable and approved by the soil conservation system as a permitted process. 4. The line can be located along and parallel to the east side of the flood reservoir to a point near the existing City Limits where a large grove of trees presently exist. The line should then cross to the west side of the drainage creek and proceed northerly parallel to the eastern most property line of the said San Antonio Savings Association property to a point of departure from said property. 4,102,- 4, 4 4 2 CrC _ crP(474 1P`L)‘°':, t a l ` - r•r- . I `, . '-tI t I 'i • ,•/1 f- 1 I S • rti Mr. Charles Norwood, City Manager November 3, 1989 Pagc 2 5. The line should thence further extend northerly parallel to the existing east property line of the apparent property located where the Newport Harbor Subdivision exist, thence a short deviation in alignment will occur to show that the proposed sewer line can follow a future projected street location at which point it will connect into the existing system. These cost projections arc made based on the best information and mapping systems which have been furnished by the City or available in our office. The attached data sheet identifies in detail the various elements which are required for the proposed construction of this reference line. If after review by the City there are any questions, please call our office. Very truly yours, HUNTER ASSOCIATES, INC. Consulting Engineers „A." 4 J. Travis Roberts, Jr., P,E., President JTR/jav attachments MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BILL DASHNER, CITY MANAGmi 4.1it — DATE: AUGUST 28 , 1990 REF: DISCUSS AND CONSIDER AMENDING FY91 BUDGET TO FINANCE UNFUNDED LIABILITY FOR PAST AND PRESENT MANAGEMENT PERSONNEL. As discussed , there is a $166 ,000 unfunded liability for past and present management personnel . These personnel were exempt from the FSLA. Adopted personnel policies capped comp time at four hundred (400) hours . Since 1986 this policy has been ignored in direct violation of adopted policy. After discussing this with legal counsel , there are no easy options . i believe City government has a legal responsibility to recognize a four hundred (400) hour limit on each employee. All hours accumulated beyond 400 were unathorized . This affects eight (8) department heads . A settlement of each of these employees and recognition of 400 hours would cost the City approximately $39 ,000 . By taking this option, individual civil action is possible, so you may want to consider amending the new budget to fund these settlements as described . i need authorization for these expenditures . If something is not done now, the statute of limitations will run out four (4) years from May 11, 1986 when the first incident occured . However , these dates will vary depending on the case. In time, the statute of limitations will eliminate all obligations . I think the employees should receive up to 400 hours . BD/bl MEMORANDUM MAYOR AND CITY COUNCIL FROM: BILL DASHNER, CITY MANAG R '0,P1'4000 DATE: AUGUST 24 , 1990 REF: DISCUSS AND CONSIDER UNFUNDED LIABILITY OF ACCUMULATED COMPENSATORY TIME OF CITY EMPLOYEES If recognized by the City Council as a legal obligation under the Federal Labor Standards Act (FLSA) , the total unfunded balance, as of July 31 , 1990 , is $168 ,134 .99 . In my professional opinion, the City of Wylie has a legal obligation of $2 ,146 .24 . The $2 ,146 .24 is for comp time to employees that are covered by the Act . The $165,988 .75 is for management personnel not covered by the Act . The FLSA and the Garcia opinion out of San Antonio, a Supreme Court case , determined that management personnel in a supervisory capacity, controlling three or more people, are considered management. The City Council has a dilemma . They are as follows : - 1 . Because of precedent and written policies , the City Council has recognized comp time to management personnel . Therefore, you have a moral and ethical obligation to recognize it . - 2 . It is questionable as to whether public funds can be used to pay comp time not covered by federal law. - 3 . Allow all affected management personnel to use comp time. This creates an operational problem because all personnel are key personnel , i .e. , one department head would have to take a year off . - 4 . Direct the City Manager to negotiate fair and equitable financial settlements and clear the record of all comp time and immediately implement a policy eliminating comp time completely for all management personnel . - 5 . Immediately implement a policy to stop all comp time for management personnel and/or all employees , regardless of the final, resolution of pr(.411am . Attachment : Supporting document . /00 MEMORANDUM TO: BILL DASHNER, CITY MANAGER FROM: CAROLYN JONES, DIRECTOR OF PERSONNEL REF: COMPENSATORY TIME DATE: AUGUST 24 , 1990 Following is an account of comp time liability for the City through July 31 , 1990 . - 1 . CITY SECRETARY: D.O. H. 2/2/81 2391 . 00 hrs comp credit 475 .50 hrs . used 1915 .50 hrs . credit @ $15 .05 per hour Value: $28 , 828 .28 - 2 DIRECTOR OF FINANCE: D.O.H. 7/29/85 4587 .725 hrs . credit* 101 .000 hrs . used 4496 .725 hrs . credit @ $20 . 18 per hour Value: $90 ,743 .91 *This figure includes 1000 hours estimated by J .J. for 1988 that are undocumented . (184 .75 hours documented Sep-Dec. 1988 . ) - 3 . LIBRARY DIRECTOR: D.O.H. 11/28/88 799 .5 hrs . credit 49 .5 hrs . used 750 .0 hrs . credit @ $12 .75 per hour Value: $91562 .50 - 4 . ACCTG. SUPERVISOR/TAX ASSESSOR-COLLECTOR: D.O.H. 5/2/83 606 .75 hrs . credit 74 .25 hrs . used 532 .50 hrs . credit @ $14 .88 per hour Value: $7 ,923 .60 - 5 . CHIEF OF POLICE: D.O.H. 2/13/89 346 .125 hrs . credit 8 .000 hrs . used 338 .125 hrs . credit @ $18 . 78 per hour Value: $6 ,349 .99 - 6 . PUBLIC WORKS SUPERINTENDENT: D.O. H. 9/16/85 1626 .374 hrs . credit 217 .750 hrs . used 1:08 . G25 hLs . credit t ;1i. .4 , per. noun Value: $21,791 .43 ©/ - 7 . CITY ENGINEER: D.O.H. 6/18/90 30 hrs . credit 8 hrs . used 22 hrs . credit @ $19 . 375 per hour Value: $426 .25 - 8 . CODE ENFORCEMENT OFFICER/BLDG OFFICIAL: D.O.H. 1/9/90 33 hrs . credit 4 hrs . used 29 hrs . credit @ $12 .51 per hour Value: $362 .79 TOTAL CITY LIABILITY (salaried personnel) : $165 ,988 .75 The following list is by department , including the number of individuals represented in each total . - 1 . POLICE DEPARTMENT: Total value: $4 ,130 . 10 ten (10) indv . accts . - 2 . PUBLIC WORKS: Meter Readers : $ 150.44 Water Dept . 1 ,243 .40 Sewer Dept . 118 .22 Fleet Maintenance 8 .03 Streets 14 .50 Animal Control 233 .16 Parks & Recreation 206 .44 Total $1 ,974 . 19 eleven (11) indv. accts. 3 MUNICIAPL COURT: Total Value: $ 172 .05 one (1) indv . acct . CITY'S TOTAL LIABILITY - COMP TIME: $168 ,134 .99 We feel this figure is accurate as of July 31 , 1990 . /bl /OP2I MEMORANDUM DATE: September 4 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage r M/ 00"" RE: Progress Report Update and Authorize Legal Expenditures on Landfill Closure Program The current state of the progress is a follows: Shipley & Inhofe, attorneys representing the City in this case are proceeding as instructed by the City Council at the most recent meeting . We expect within the next week or so to have the final report from the State. This report will inform the City on the engineering that will have to be done and the method of close on the landifll . There are two (2) ways that we can expect to go . They are as follows : 1 . Treat the landfill as a regular muncipal landfill and cap and seal . 2 . Treat the landfill as a toxic waste dump with additional enviromental procedures and controls . Attached is a claim for Shipley & Inhofe in the amount of $5, 825.39 for work performed. I would ask your authorization to pay this claim. I have attached the claim and supporting documentation. /03 witP t� '� .. i e CITY OF WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE, TEXAS 75098 214-442-2236 MEMORANDUM TO: Bill Dashner, City Manager FROM: James Johnson, Finance Director RE: Agenda Item - 09/11/90 Legal Expenses - Shipley & Inhofe $5, 825 . 39 (Landfill Closure) DATE: 09/03/90 The attached invoice is for legal expenses thru 07/31/90 for and is in association with the closure of the landfill . Prior to this expenditure - the City has incurred $14 , 651 . 05 this fiscal year (9 prior invoices ) with firm on said subject. Recommend: Approval /, (1( SHIPLEY & INHOFE ATTORNEYS AT LAW 3401 FIRST NATIONAL TOWER•TULSA,OKLAHOMA 74103 CHARLES W.SHIPLEY TELEPHONE IS11111112.1720 DOUGLAS L.INHOFE � TELECOPIER ISM 514.711111 MARK S.JENNINGS SLAKE K.CHAMPLIN \\\ LESLIE C.RINN �"'JAMIE TAYLOR SOYD \a. (;fa` . i1 � A \\\\\- City of Wylie Statement # 1143 Attn: James Johnson, Finance Director July 31, 1990 P.O. Box 428 238000-0001 Wylie, TX 75098 Page 1 Accounts Receivable Balance Forward $5,764.77 Payments Received $370.15- Credits or Adjustments $0.00 Re: City Landfill PROFESSIONAL SERVICES RENDERED 07/11/90 BKC conf w/CWS 0.25 26.25 07/11/90 CWS conf w/BKC re status and strategy 0.25 38.75 07/13/90 BKC draft letter to D. Buchanan; conf w/JTB 0.25 26.25 and DLI re interview 07/13/90 DLI conf w/BKC (NO CHARGE) ** 0.25 38.75 07/13/90 JTB conf w/BKC (NO CHARGE) ** 0.25 20. 00 07/16/90 BKC review report on Maintenance Center 1.00 105.00 07/17/90 BKC t/c w/D. Buchanan; review documents; 0. 50 52.50 draft letter to Buchanan 07/27/90 BKC conf w/CWS re CRI facility; revise 0.25 26.25 letter 07/27/90 CWS t/c w/BKC re report on maintenance 0.25 38.75 center 07/29/90 CWS review Jones & Neuse report and revise 0. 50 77 . 50 letter to Buchanan 07/30/90 DLI conf w/JTB re interview of Mr. Eubanks 0. 25 38.75 (TWC) in Duncanville 07/30/90 JTB conf w/DLI (NO CHARGE) ** 0. 25 20.00 ADJUSTMENT FOR "NO CHARGE" ITEMS 78 .75- Champlin, Blake K. 2.25 236.25 Shipley, Charles W. 1.00 155.00 Douglas L. Inhofe 0 . 50 38.75 Jamie T. Boyd 0. 50 0.00 Total Hours 4.25 Continue( IDS City of Wylie Statement # 1143 Attn: James Johnson, Finance Director July 31, 1990 P.O. Box 428 238000-0001 Wylie, TX 75098 Page 2 PROFESSIONAL SERVICES RENDERED Total For The Above Services 430.00 EXPENSES 07/31/90 Long Distance 0.77 Total Expenses 0.77 Total Statement $430.77 TOTAL AMOUNT DUE $5,825.39 This statement may not contain all costs incurred for which we have not yet been billed. 4576 MEMORANDUM DATE: August 31 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager 'oi .... ` RE: Discuss and Consider Appoi tment of Construction Code Board It is my understanding that the various fees and charges for construction permits and inspections has not been updated for some time now. This Board was active in the past but has not been active in several years. The Director of Community Development tells me that all the City' s fee structure should be updated, therefore, I am recommending that the City Council appoint a seven (7) member Board to work with the Director of Community Development and go over all the various building permits and inspection charges. Now is a good time to do this prior to the next building boom. After this Board develops recommendations , they will be brought back to the City Council for consideration. I would recommend that this Board consist of seven (7) members . Attachment: Ordinance that created the original Board 497 MEM_ O RAN DU. M TO: Bill Dashner , City Manager FROM: 64'Ed Richie , Dir . of Community Dev . & Planning SUBJECT: Construction Code Board Date: September 4 , 1990 The Construction Code Board has not been active recently and according to the most recent list of Board members , all terms are expired . I would like to have Council consider appointing this board for review of building codes and appeals . They could be helpful to Council on the upcoming truss question and the review and adoption of the 1991 Uniform Codes next year . I have attached a copy of Ordinance 84-11 creating the Construction Board . The Ordinance needs to be updated . We are presently operating under the 1988 Uniform Building Code which does not have a Board of Adjustment and Appeals . It is called the Board of Appeals . Ol ?? ►******** -***********************************************************************************************************�y:•********* BOARD & TITLE NAME SPOUSE ADDRESS P.O. BOX HM. PHONE WK. PHONE DATE APPT. 1ERM EXP. r*******************************************************************************************************i►************. .********* °.`A` yr AJ /\ INSTRUCTION CODE CHAIRMAN KEVIN ST. JOHN PAM 304 BRIARWOOD 442-1041 442-3544 JULY 88 JULY 90 MEMBER JOHN SRFr. Y 600 VALENTINE 372 442-3898 680-0602 JULY 88 JULY 90 MEMBER FRANK SPINGOLA MARY LOU RUSTIC PL. 442-6909 JULY 88 JUi 90 MEMBER RAYMOND SWEENEY 101 RUSHCREEK DR. 442-1469 MARCH 86 JUi, 90 MEMBER MIKE WQtTHINGTON 113 SPENCE DR. 442-3283 MARCH 86 JULY 89 • MEMBER DEREK AMMERMAN JAN 102 FAIRMONT 483 442-6338 442-2242 MYA 87 JULY 89 MEMBER MARK STAFFORD 418 ELLOIT ST. 442-7206 JULY 87 JULY 89 MEMBER KEVIN ALTIMIER 510 RUSTIC PLACE 442-7397 JULY 88 JULY 89 LBRARY BOARD CHAIRMAN MARY JO SMITH 406 BRIARWOOD 442-2413 APRIL 83 JULY 90 MEMBER SHIRLEY BURNETT 327 S. FOURTH 442-5767 JULY 90 JULY 92 MEMBER BETTY STEPHENS DAVID 1006 FOXWOOD LANE 442-1874 442-5444 JULY 88 JULY 92 MEMBER CATHIE UPSHAW 101 N. FIRST 442-6220 NOV. 88 JLLY 91 MEMBER RETHA TIBBALS HARRY 407 HILLTOP 442-5795 JULY 90 JULY 92 O MEMBER JAN MORGAN 306 DOGWOOD CT. 442-2794 JULY 89 JULY 91 MEMBER JAN JENNINGS RICHARD 501 GASTON DR. NORTH 442-0102 JULY 89 JULY 91 V ITY STAFF CITY MANAGER BILL DASHNER 401 FLEMING #907 442-7579 442-2236 JULY 90 CITY SECRETARY CAROLYN JONES 1504 ANCHOR DR. 825 442-3776 442-2236 MAY 81 PUB. WKS. & ENG. PAUL BEAVERS 2111 CORNELL, RICHARSON 690-8656 442-2236 JUNE 90 SUPT. PUB. WKS. DON WHITE 401 FLEMMING #601 442-7056 442-7588 MAY 87 FINANCE DIR. JAMES JOHNSON 1404 WYNDHAM 442-5186 442-2236 JULY 85 CODE ENF. OFF. ED RICHIE 1309 IROQUOIS DR. GARLAND 271-0735 442-2236 JAN. 90 LIBRARY DIR. ROSANNE BURGESS 3432 SACHSE RD. 530-6635 442-7566 NOV. 88 Q'IEF OF POLICE JAMES GILMORE 123 FAIRMONT 442-5077 442-2222 FEB. 89 ORDINANCE NO. 84-11 AN ORDINANCE CREATING THE CONSTRUCTION CODE BOARD: SETTING FORTH THE POWERS AND DUTIES OF THE BOARD: PROVIDING FOR PUBLICATION: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, SECTION 1 : This ordinance shall be known as "Construction Code Board Ordinance" . SECTION 1-1 : CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board (hereafter called Board) consisting of seven (7) persons who shall be appointed by the City Council . Said Board shall replace but retain the authorities granted the Board of Adjustments and appeals in the 1982 Uniform Building Code as adopted. Save and except Section 111 of said Building Code. SECTION 1-2: QUALIFICATIONS: Persons who serve on the Board as members shall be qualified as follows: (a. ) One designated member who shall be taxpaying resident elector of the City. (b. ) Two designated members shall be taxpaying resident building contractors, (c. ) Two designated members shall be taxpaying resident Plumbers (d. ) Two designated members shall be taxpaying resident electricians (one Masters & one Journeyman) . (e. ) One designated staff member to act as secretary of the board. (f. ) Staff representative will be the City Building Official (g. ) In the event that volunteer members in the (b) , (c) , or (d) categories are not available one of the two designated tradesmen may be replaced with a member in the (a) category. SECTION 1-3: TENURE OF OFFICE: Three (3) members of the Board shall be appointed for the balance of the calendar year. Four (4) members of the Board shall be appointed for the balance of the calendar year following the date of adoption of this ordinance plus one full year. After the expiration of the terms of the first appointees members shall continue until their successor is appointed. Any member of the Board may be removed by the City Council for cause. Vacancies within the Board shall be filled by appointment for the unexpired term. //e Ordinance No. 84-11 Con't. SECTION 1-4: REGULAR AND CALLED MEETINGS: The Board dsha lit hold per such regular, special or called meetings as are necessary for performance of duty. SECTION 1-5: POWERS AND DUTIES: The Board shall attsfirst meeting in each calendar year select a Chairman andVice-Chairman for and ns prescribe a procedure and order of business for hearing applications licenses and for hearing matters brought to it by the Building Official for recommendation to the City Council or on appeal and aggrievement appeals as provided herein, and for general fuaaidss Boardsessions. pass upon the(a) It shall be the duty quali- fications of all applicants for licenses. Any person who shall make application for an Electrical License may obtain proper forms from the Building Division. Upon receipt by the Building Official or his authorized representative eofdfon application accompained by proper fee, an examination shall days date within seven (7) da s from the date of the application. (b) For examination, the Board shall prepare at least three (3) sets of examinations for each class of license of electricians ians rmequired to be examined under this ordinance. The sets of mfor examinations be changed by the Board at any time when no applications are pending. When an application for examination has been filed, a set of examination questions for the proper class of license shall be selected el ecd tedothe at random from the several sets of examination questions and applicant for the examination. SECTION 1-6: QUORUM: Four (4) members of the Board present at any meeting shall constitute a quorum for the transaction of business ndbthe concurring vote of not less than four (4) members of the shall necessary to constitute an official action of the Board. SECTION 1-7: RECORDS: The Board shall keep a Minute Book in which shall be recorded all transactions and business of the BoardThe nBoard shall keep a record of the name and place of business of persons whom licenses have been issued; provided that said Board shall not be responsible for the record of any person whose license e has not been re- newed or has lapsed for a period in excess of 24months. SECTION 2: PUBLICATION: Publication shall be made one time in the official publication of the City of Wylie, which publication shall contain the caption stating in substance the purpose of the ordinance. SECTION 3; All ordinances and parts of ordinances inconsista t wie th he or in conflict with the provisions of this ordinance shall be, and the/// Ordinance No. 84-11 Con't hereby, expressly repealed. SECTION 4: If any section, sub-section, paragraph, sentence, phrase, or clause of this ordinance shall be declared invalid for any reason what- soever, such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect; and to this end the provisions of this ordinance are hereby declared severable. IT IS ACCORDINGLY SO ORDAINED, this the 13th day of March , 1984. CITY OF WYLI obeft B quires, Mayor ATTEST: X977- '‘I) Carol n one City Secretary //2 MEMORANDUM DATE: August 31 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager er D � r / RE: Discuss and Consider Building Code as it Applies to Wood Trusses Attached is a report pointing out the pertinent facts on this issue. The Director of Community Development has made his recommendations in number six (6) . The City Council may want to reter this item to the Building Trades Committee. Attachment: Report on Wood Trusses //J MEMORANDUM TO: Bill Dashner , City Manager FROM: Ed Richie , Dir . of Community Dev . & Planning SUBJECT: Wood Truss Construction DATE: August 30 . 1990 The following is a review of the wood truss problem . 1 . Ordinance 88-28 adopts the "Uniform Building Code" with amendments requiring all ceiling joists shall have a minimum nominal dimension of 2 inches by 6 inches and shall have a maximum spacing of 16 inches on centers . 2 . Ordinance 89-21 amends Ordinance 88-28 to read "( d . ) All wood ceiling joists shall have a minimum nominal dimension of 2 inches by 6 inches ( unless part of an engineer truss ) and they shall have a maximum spacing of 16 inches on centers . 3 . In January 1990 , Council approved the repeal of Ordinance 89-21 . ( At the same meeting , they tabled amendments to Ordinance 88-28 . ) 4 . From a structural view , trusses are designed to span longer distances and this is not a problem as long as the truss company provides verification of engineering and inspections . Although , there have been numerous incidents where homeowners wishing to use attic space for storage have removed parts of the truss thus destroying its ability to work . 5 . The placement of trusses on 24 " centers does cause numerous difficulties . Our Code requies all studs he placed on 16" centers . Trusses cannot he placed on 24 " centers while the load bearing wall they are resting on is 16" on center . In addition , studs on 24" centers have problems with sheetrock , exterior siding and stud grades . 6 . It is my recommendation , that if trusses are allowed , they continue to he required on 16" centers in light frame construction and proper engineering specifications and inspection reports be submitted when permitting . 7 . The Fire Department had additional concerns in regard to the burn time of trusses . /45' MEMORANDUM DATE: September 4 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager116 RE: Progress and Update on Rush Creek Lift Station Improvements The status of improvements to Rush Creek lift station are as follows: Dug out berm edges. Installed drain from retention pond to sump hole. Building up dirt so water will drain back toward sump pit . Built up area from edge of road to fence. Cut down tree for added visibility from road . So tar a total of 35 loads of dirt have been spread around and inside Rush Creek lift station . Work needed to complete consists of : 1 . Raise manholes inside fence. 2 . Build stack for gate valve and check valve on bypass system and fabricate lid for same. 3 . Build up road near gate and close to wet well . 4 . Rock road to station from Stone Road to wet well . 5 . Set two new fence posts and raise fence to level . 6 . Backfill up to fence and around manholes and valve box . Warranty work on pump for station should be completed this week. Dirt work and improvements should be completed by the end of September. //5 MEMORANDUM DATE: September 18, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager 44L." RE: Progress and Update on Re ocation of Alanis Drive in Order to Comply with Landfill Reclamation Project Collin County has agreed to handle the design work and assist in the rerouting of Alanis Dr . in order to accommodate the landfill closure. After a meeting with the County on September 17 , 1990 the City' s responsibility will be to acquire eight (8) road easements and relocate all utilitiy systems required. We are in the process of preparing meets and bounds descriptions for the acquisition of easements. The County initially was requiring 120 ' easements , we believe we have convinced the County to go with 60 ' easements . Obviously this will cut down on the cost . We have developed a schematic or preliminary plan on the reloation of the road . We are in the process of trying to obtain necessary easements . Final design plan will have to be developed by the County Engineering Department. At that time we should know what the exact cost of the project will be. MEMORANDUM DATE: September 17, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage1:414°26.RE: Finalization and Report oTwo (2) Major Drainage Projects Complet In August I reported the identification of eleven (11) major drainage problems throughout the City. To date the City has completed work on two (2) of these major drainage problems . They are as follows : 1 . East 1st St . - Installed new drainage inlets and did recurbing. There was insufficient drainage inlets to carry the water . This was a turnkey contract job that cost the City $4 ,400 . We believe that these drainage improvements will keep water out of front yards and garages along 1st St . 2 . Intersection of State Highway 78 and Ballard - Southeast Corner . The State of Texas furnished the equipment which included a gradual and other heavy equipment and the City provided an underground 30" metal pipe. The metal pipe cost the City $4 ,244 . 80 . The City poured $80 of concrete. The State of Texas overlaid the area . We believe that these drainage improvements will eliminate high water problems in the area and the area around the Wylie Supermarket . Without the State of Texas ' s assistance the project would have taken much longer instead it took us about a week. So this report is to let you know that we are trying to eliminate drainage problems but they cost a lot of money, take a lot of time and call for some equipment that we don' t have. '/7 MEMORANDUM DATE: September 5 , 1990 TO : Mayor and City Council FROM: Bill Dashner , City Manage l'.. 411 RE: Progress Report and Status of Sewer Line Project MUDDY CREEK INTERCEPTOR This project is approximately 80% complete on the $745,374 .25 contract . Pay estimate #2 for work through August 28 , 1990 has been submitted and is under review by the Consulting Engineer and City Staff . Payment of the claim is targeted for the second council meeting in September . During our testing of the line, 420 feet of 21" pipe failed due to bad gaskets. This pipe will be replaced from Sta . No. 114 + 76 ' to Sta . No . 118 + 96 ' . An additional joint will be saw cut and repaired by sleeve. A material change order may be required for substituting steel cylinder pipe in lieu of PVC on the bore through the dam. Remaining work consists of: a) The Tie-in of the South Fork Lift Station; b) The Tie-in of the 8" line at Presidential Estates ; c) Construction of one Manhole on the 21" line. PHASE II As of 8/1/90 this portion of the sewer project was 86% complete on the $905,513 .98 contract. No new payment requests have been received to date . All pipe is in the ground , . Testing has been completed . Punch lists and walk throughs have been accomplished on two small segments of line. The remaining work is to finish tying in the pipe to manholes where required. The contractor is targeting to be through by late November on this segment. //r MEMORANDUM DATE: September 14 , 1990 TO: Mayor and City Council J0410000 FROM: Bill Dashner , City Manager RE: Muddy Creek Interceptor Progress Report This sewer line project was bid out at $745,374 .25 . On September 14 , 1990 I met with the consulting engineer , Hunter Associates , Inc . There is a potential problem involving a change order that might have to be done . The change order could possibly be as much as $27 ,700 . This project was bid out by unit price, not lump sum price. I have attached events since September of 1989 that brought this problem about . The basic potential problem is as follows: The project was bid out and bids awarded and a contract let prior to Collin County Soil Conservation review and Texas Water Commission review of the plans . When these two (2) agencies finished their review of the plans nine (9) changes were added which could cost an additional $27 ,000 . As of September 14 , 1990 the City is $55 ,000 ahead on the contract but this $55,000 cushion could evaporate before the project is finished . Attached are two (2) reports showing the two (2) projects status as of September 1990 . RIC ARD G. ■ HUNTER ASSOCIATES, INC. J T�AVS"ROBERTS,EKDER,PE ENGINEERS/PLANNERS/SURVEYORS SAM C.MCKENZIE,JR.,P.E .II 8140 WALNUT IIII L I ANE ONE GLF.NI AKES SUITE S(N) (IAI.LA`. I X 11,211 435II ;II 169 9171 DAVID J.PREWETT,P.E. 1106 CLAYTON LANE SUITE 410E AUSTIN.TEXAS 79721•10.10 S12 454-$716 CHARLES W.$CHELER,P.E. RICHARD K.ST.JOHN,P.E. THOMAS September 14 , 1990 DAVID SEINO,P.E. C DAVID M.HOSSEINY,P.E. DONALD W.WARD,P.E. WILLIAM D BRYAN,P.E. CHARLES A DAVIS,P E. Mr. Paul Beaver City Engineer City of Wylie P.O. Box 428 Wylie, Texas 75098 RE: Southfork Sanitary Sewer Plan, Change Order No. 1 Dear Mr. Beaver: The following is a summary of events that have lead up to the need for Change Order Number ONE: 1 . July, 1989 Hunter Associates, Inc. began working on the Southfork Sanitary Sewer Plan. 2 . September 18, 1989 Hunter Associates, Inc. submitted a ' preliminary set of plans and specifications to Mr. Homeyer. 3 . September 22 , 1989 Hunter Associates, Inc . submitted revised plans and specifications to Collin County Soil & Water Conservation District in McKinney. 4 . October 10, 1989 Collin County Soil Conservation Service forwarded plans to their Area Office in Terrell for Approval . 5 . October 12 , 1989 Hunter Associates, Inc . notified Mr. Homeyer on the status of plan approval . 6 . On November 16, 1989 bids were received by the City. The Plans had not been approved by Soil Conservation or Texas Water Commission. 7 . December 6, 1989 received approval of plans from Texas Water Commission. 8 . December 21 , 1989 Collin County Soil Conservation Office provided the City with a list of eight (8) items to be incorporated into plans and specifications . 9 . January 17 , 1990 Hunter Associates, Inc. resubmit revised plans and specifications to Collin County Soil Conservation Office for approval . 10 . January 25 , 1990 Hunter Associates, Inc . submitted • contracts to Pate & Pate, Inc . for execution. 11 . February 1 , 1990 Hunter Associates, Inc. received the executed contracts from Pate & Pate. 12 . February 8, 1990 A preconstruction meeting was held. /2O Mr. Beaver September 14, 1990 Page Two 13 . February 12, 1990 The City received a letter from Collin County requesting that fertilization of the disturbed area be added in the bid. 14 . March 6, 1990 Pate & Pate asked for breakdown on request for 21" C 301 pipe under the Dam. 15 . March 9, 1990 City notified Hunter Associates, Inc. of Soil Conservation Letter of 2-12-90 . 16 . April 4, 1990 Hunter Associates, Inc. received notice that City had issued Pate & Pate a Notice to Proceed dated on or before March 8, 1990 . 17 . April 6, 1990 Hunter Associates, Inc. sent notice to Collin County Soil Conservation Office that the fertilizer required had been added to Specifications . 18 . June 5, 1990 City received Letter of Approval from Collin County Soil Conservation Office. 19 . June 26. 1990 Letter from p,ate & Pate was received Teanest inn adcl i t-i nna 1 S27 . u11 _ 37 fnr rhannes required by S .C. Office. Hunter requested a detailed breakdown of the Cost . 20 . July 16, 1990 Hunter received shop drawings on 21" C-303 pipe. (No breakdown on Cost provided. ) 21 . August 3, 1990 Pate & Pate submitted breakdown for the increased cost on the S .C. S . Dam Crossing. 22 . August 14, 1990 Hunter Associates, Inc. sent notice to Pate & Pate that the foam grouting would be acceptable. 23 . September 12, 1990 Hunter Associates, Inc. requested, in writing, copies of invoices from Pate & Pate on the additional material cost . Yours Truly, HUNTER ASSOCIATES, INC. N, 41 Hal B. Jones, P.E . , R.P.L. S. efSr. Vice President HBJ/cr TiqPh:11,;1 #44 Vihst 5, 1;j, /0. / MEMORANDUM DATE: September 18, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager ......m RE: Report on Full Enforcement of Impact Fee Ordinances 90-10, 84-12 , and 87-40 In the attached discussion paper the City Attorney finds no issue or problem with full implementation and enforcement of the above referenced impact fee ordinances. There are several outstanding legal opinions that concur with the City Attorney' s conclusions . Simply stated to enforce the ordinance the City should collect all impact fees on land platted prior to the adoption of ordinance 90-10 which was June 26 , 1990 . All the platted land impact fees would fall under the old fee schedule contained in ordiance 87-40 and 84-12 . Moreover , all land platted June 26, 1990 would fall under the new impact fee schedule contained in ordinance 90-10. Therefore, the City will enforce all the impact fee ordinances adopted by the City Council. It is my understanding that the City has delayed full enforcement until this conclusion could be drawn from a legal standpoint . Attachment: Legal Discussion Paper by City Attorney /,?0t SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD ALFRED SALLINGER (Formerly Saner,Jack,Sallinger& Nichols) ROBERT D.HEMPHILL LAWRENCE W.JACKSON Attorneys& Counselors at Law ROBERT E.HAGER TIM KIRK 1800 Lincoln Plaza PETER G.SMITH ROBERT L.DILLARD III 500 N. Akard JOHN PIERCE GRIFFIN Dall Texas 75201 DAVID M.BERMAN ROBERT L.DILLARD.JR. as, JOHN F.ROEHM III H.LOUIS NICHOLS (214)954.3333 BRUCE A.STOCKARD OF COUNSEL Facsimile(214)954-3334 August 31, 1990 + • �r9 4r •toU Mr. James Johnson Finance Director City of Wylie "-----�:_ P. O. Box 428 Wylie, Texas 75098 Dear James: At your request, I reviewed the provisions of Ordinance No. 90-10, Ordinance No. 84-12, and Ordinance No. 87-40. Ordinance No. 90-10, the impact fee ordinance, was passed pursuant to the requirements of Section 395 of the Texas Local Government Code. Under Section 395.016(c) of the Code and Section 5b of the ordinance, an impact fee under the ordinance may not be collected for a period of one year from the date of its adoption for new development platted prior to the ordinance. However, under Section 395. 016 (b) , the city may assess the impact fees adopted before June 20, 1987 for land platted after that date and may collect such im act fees for land platted before that date under Subdivision (a[of Section 395.016. Furthermore, Section 8 of the ordinance provides that it shall not operate to repeal or affect Any of the Other _ordinances of the ciy except insofar as they are inconsistent with this ordinance (Ordinance No. 90-12) . Therefore, an imEact fee adopted before June 20, 1987, remains enforceable under its own provisions through June 25, 1991. On that date. such jmnact fees will be and become inconsistent and in conflict with Qrdinance No. 90-10 and will, at that time, no longer be effective. Although Ordinance No. 84-12 is in slightly incorrect form, it appears to be an ordinance imposing an impact fee. It is in incorrect form for an ordinance since it starts "Be It Resolved . • •" rather than "Be It Ordained . . . . " Section 3 of the ordinance imposes impact fees for the extension of water and sewer services in the city. Equivalent residential units are defined in Sections A and B. Fees of $225.00 and $275. 00 for sewer service are imposed by Subsection C. Subsection D provides that fees are to be paid on the issuance of a building permit or at the time of service. Subsection F provides for additional or subsequent impact fees due to higher volume usages. Subsection 6 provides that the impact fees are to placed in a special fund for the improvement of the systems as a result of the new development. Subsection H IOU Mr. Leland D. Nelson August 31, 1990 Page 2 authorizes credits for other improvements installed by the property owner. Ordinance No. 87-40 amends Section G of Ordinance No. 84-12 so as to specifically identify the fund and provide how it may be used. These ordinances of the city are presumed to be valid and, should be enforced in accordance with their terms until they have seen repealed or held- by a court of compe en uri action to be invalid for some reason. Although I have some concerns about Ordinance No. 84-12, it is my understanding that both you and the City Manager wish to enforce that ordinance, if possible. Therefore. I Recommend that you do so in accordance with its terms through June 251 1991. Remember, it only applies to subdivisions platted before June 26, 1990. Subdivisions platted after that date are subject to the provisions of Ordinance Ro. 90-10. This letter is intended to discuss these three ordinances onTy and does not include any opinion as to the lift station ordinances or other ordinances of the city which might be classed as impact fee ordinances. Should you have any further questions on this subject, please let me know. Very truly yours, SALLINGER, NICHOLS, JACKSON & DILLARD By Robert L. Dillard III RLD/sb • /0W MEMORANDUM DATE: September 10, 1990 TO: Mayor and City Council 7444L.A4 FROM: Bill Dashner, City Manage • RE: Report on Continuing Investigation of Sub- base in Summer Street Program Attached are results of asphalt thickness and lime depth on 5th ST, Masters, 2nd ST. , Martinez and Hilltop. According to these test results the lime depth appears to be between 10" and 14" on all streets , however , after further investigation you' ll also find a sworn affidavit by Lewis Barber who was the heavy equipment operator and did the work which indicates that a technique called scarifiers was used at the direct order of Don White which would alter the lab test results. In other words in my opinion the test results are not valid since the streets were all "doctored" to bias test results . Attachment: Lab Tests Sworn Affidavit /44S 00 OV„ Ile CITY OP' WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE, TEXAS 75098 214-442-2236 SWORN STATEMENT TO: Bill Dashner, City Manager FROM: Lewis Barber, Meter Service Supervisor RE: Lime Stabilization for 1990 Streets Summer Program DATE: 09/10/90 In regards to the Summer Street Program, there has been several questions from the City Council Members as well as the City Manager as to the lime stabilization process and if the requirements were met. 1 , Lewis Barber, as the bomag operator of the streets program, am making a sworn statement to the following: "I was told by Don White, Superintendent of P. W. who was heading the Summer Street' s Program, to lower the depth of the lime treatment from 12" to 9" to save costs on the 2nd Street, Masters, Hilltop, and Fifth Street. Also included to this comment was, if any Council Members were to come and check on this project, then we were to immediately raise the depth of the lime to 12" for the appearance of doing what was approved by the Council . When the Council member left, then I was to drop the level back to 9" . It is my opinion that the test on the lime stabilization for it' s depth, may have been altered due to the ripping up of the ground and mixing it with the lime by use of the scarifiers (large teeth) on the motor grader so as to make it appear that the 12" level was being applied to this project. " To the best of my knowledge and recall these statements are true and accurate. SIGNED: "EKII/IN r r LE S BARB R DATE • 444,"/I) I '50(7 V PUBLIC NOTARY DATE /41d tal-1- L.=iF3bFRAT DIR I E , I hdC _ , . ' P. Q., Box 5332 Arlington , Texas 7600 ' (Metro) 90F3 -.9401 or' (214) 640--5562 . ' . FIELD DENSITY TESTS TESTED IN ACCORDANCE WITk $PECIFICATIONS ASTM D2922, D3017 , ' PROJECT:. CAPITAL IMPROVEMENTS ,'ROGRAM PROJECT NO: 90C27-17 ' . ' CLIENT: CITY OF WYLIE DATE: 8-28790 CONTRACTOR: CITY OF WYLIE MATERIAL CLASSIFICATION #1 MAXIMUM DRY DENSITY 110.0 : LBS. /CU. FT. • . LIME STABILIZED REDDISH TAN SANDY 'CLAY OPTIMUM MOISTURE , 15. 1 7. WITH GRAVEL MATERIAL CLASSIFICATION 112 MAXIMUM DRY DENSITY 95.6 LBS. /CU. FT. • • • . LIME STABILIZED TANNISH GRAY SILTY CLAY OPTIMUM MOISTURE 26.0 ' % MATERIAL CLASSIFICATION @3 ' MAXIMUM DRY DENSITY 102. 4, LBS: /CU. FT. • LIME STABILIZED GRAYISH BROWN SANDY CLAY OPTIMUM MOISTURE • 18. 1 '1.. • WITH LIMESTONE . ' • ' MATERIAL CLASSIFICATION $4 . MAXIMUM DRY DENSITY 109.2 . LBS. /CU. FT. LIME STABILIZED TANNISH BROWN SANDY CLAY OPTIMUM MOISTURE 15. 9 7. WITH GRAVEL TEST , , 'LIFT/ LIME • MOISTURE DRY DENSITY % PROCTOR MAT'L . NO LOCATION ELEV DEPTH CONTENT LBS. /CU.FT. DENSITY P/F CLASS @ • r 1 ' 303 HILL , LIME COURSE 10" • •16. 5 , 110.8 ' 100.7 P. 1 TOP DRIVE •• 2 HILL TOP LIME COURSE 12" 26. 1 91 .0 ' 95.2 . P . 2 • @ PARK , • 3 • . 320 HILL LIME COURSE, 11 ", 18. 6 100,0 97.7 ' P ' 3 TOP . • 4 . • HILL TOP LIME COURSE 14" 16..0 111 . 1 101.7 , ' P , 4 : , ' @ BUTLER TECHNICIAN: Ct SHURTLEFF , IC CITY OF WYLIE . . - . ' .41ilikk' %% TLLABORATORI& 1, INC. . NOTE: THE INFORMATION PRESENTED HERE IS. BASED SOLELY ON TEST DATA AND ,, IS . SUBJECT TO PROJECT SPECIFICATIONS AND REQUIREMENTS. ' • • • . • . : . . ALL SAMPLES WERE TESTED IN ACCORDANCE WITH THE REQUIREMENTS OF AND WITH THE EQUIPMENT REQUIRED BY THE TEST METHODS SPECIFIED. ' /,? 7 • "r IL_ L...Fl li C:)F161 I'u Fc z E.:f.3 , I NI CJ . f P.D. Box 5552 • Arlington , Tex'ae . 76005 I (metro) • 988-9401 or 1214) 660-6652 • H OJi CT: CAPITAL IMPROVEMENTS PROJECT NOS 90C27-21 CLIENT: • CITY OF WYLIE DATE: 8-30-90 • • • CONTRACTOR CITY- OF , WYLIE ' • ' i' , • ASPHALTIC THICKNESS I CKNESS �C LIME DEPTH ' • 'LcicATIUN £SC~'HALt 7HICF:NE:SS, ' • LIME. 'U...El H. . • . • . 200 5THST. 2 12" • 9250 5TH ST. 2" .'' 12" • ' +250 '5TH ST.• . 2" 12" ' • 508 MASTERS DR. 2"+ 12" • .. 403 MASTERS DR. •i"+ 12" • ' 302 MASTERS DR. 2"+. . 11 " 300 SECOND ST. :. . 2"+ ' ' • 11 .5" ' • • 10 SECOND ST. 2"+ • • • 11 . 5" . • • :322 SECOND ST.' :r"+ ' • 12" ' • 0 MAR'TINEZ RD. BY' BODY SHOP . , • 2"+ 11 .5" • , • +250 ' , ' 2"•+ 12"+250 ' • •2"+ , 11 .5" .' . ' +250 ' 2" + 11" . NOTE: ALL CORES WERE KEPT BY PAUL BEAVER., SO NO ASPHALT .TESTING • CAN : BE . DONE • AT THIS TIME.. . LIME DEPTH SAMPLES WERE' OBTA I NED WITH A LIME DEPTH • • PROBE, ' THAT. IS. DRIVEN INTO THE GROUND 'THEN SPAYED WITH , INDICATOR . AND • MEASURED. ' • . DISTRIBUTION: ' 1C CITY OF WYLIE • • . ' • ATE_ .,AE+ORATOR' :5, INC. . • • . /9W MEMORANDUM DATE: September 5, 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager : 14 RE: Progress Report and Update on Brown Street & McCreary Road Program BROWN STREET On August 23 , 1990 , the NTMWD Board authorized an easement along Brown Street which completes the easement process . TU Electric has the final plans and will begin relocations as soon as possible. Revised plans have been sent to the railroad and the permit review process continues. Final plans have been furnished to the Highway Department for their final review. McCREARY ROAD On Thursday, August 30 , 1990 , Boyle Engineering provided revised plans reflecting Collin County' s drainage changes from pipe to open channel along the proposed road . These changes will require the acquisition of drainage easements. The existing easements are now being reviewed for proper filing and the required new drainage easements will be drawn up. Negotiations with the property owners will then need to be accomplished . /04? ,