02-12-1991 (City Council) Minutes 282
CITY COUNCIL MEETING �►
MINUTES
FEBRUARY 12, 1991
The City of Wylie City Council met in regular session on
Tuesday , February 12 , 1991 at 7: 00 P.M. in the Council
Chambers of the Municipal Complex . A quorum was present and
notice of the meeting had been posted in the time and manner
required by law. Those present were Mayor John W. Akin,
Mayor Pro Tem Don Hughes , Council Members Percy Simmons, Pat
Stemple, William Martin, Chuck Wible, City Manager Bill
Dashner , City Secretary Carolyn Jones, Park Director Bill
Nelson, Engineer Paul Beaver, and Acting Finance Director
Prudence Kling. Councilman Steve Wright was absent.
PROCLAMATION - BOY SCOUTS OF AMERICA FOR SCOUTING FOR FOOD
NATIONAL GOOD TURN WEEK: Mayor Akin presented the Boy Scout
Troops a proclamation for Scouting for Food National Good
Turn Week - February 2 - 9 , 1991 .
NOTICE OF GENERAL ELECTION AND ORDER OF ELECTION FOR MAY 4 ,
1991 FOR COUNCIL PLACE 1, 3, AND 5: Mayor asked that extra
time for absentee voting be consider . A motion was made by
Councilman Martin to approve the Notice of General Election
and the Order of Election for May 4 , 1991 for Council Place
1 , 3 , and 5 . Seconded by Mayor Pro Tem Hughes. The vote
was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes
- in favor , Councilman Wible - in favor , Councilman Martin -
in favor , Councilwoman Stemple - in favor, and Councilman
Simmons - in favor. This motion carried with all in favor .
ADOPTION OF ROBERTS RULES OF ORDER FOR CITY COUNCIL
MEETINGS: A motion was made by Councilman Simmons to
table this item for a work session on the third Tuesday of
February. Seconded by Councilwoman Stemple. The vote was
as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes -
in favor , Councilman Wible - in favor , Councilman Martin -
in favor, Councilwoman Stemple - in favor, and Councilman
Simmons - in favor. This motion carried with all in favor
to table.
AGREEMENT BETWEEN CITY OF WYLIE AND ATCHISON, TOPEKA AND
SANTA FE RAILWAY CO. - INSTALLATION OF RR SIGNALS FOR BROWN
STREET: This agreement sets forth the plans and time
schedule for the installation of the railroad signals at
Brown and Highway 78 . Collin County has already paid the
Railroad Company for this installation. A motion was made
by Councilwoman Stemple to approve the Agreement between the
City of Wylie and Atchison, Topeka and Santa Fe Railway
Company for the installation of signals at Brown St . and
Highway 78. Seconded by Councilman Martin. The vote was as
? 83
follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in
favor , Councilman Wible - in favor , Councilman Martin - in
favor , Councilwoman Stemple - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor .
PRESENTATION BY RON HARRIS, COLLIN COUNTY JUDGE ON NEW
COLLIN COUNTY JAIL FACILITY : Mr . Harris introduced Mr .
Renfro, Project Manager for the Jail Facility. Mr . Renfro
stated that the present jail facility is maxed out and the
master plan which takes in future expansion and growth is
being brought forward. The property is 2 1/2 miles north of
Highway 380 on Highway 75 in McKinney. There is enough room
here to expand as the need arises . Sheriff Box said today
the jail will house 240 inmates. The County has been able
to house inmates outside our County at times due to the over
crowded situation. By the year 1994 and 1995 there will be
a need for 570 beds. This new facility is much needed for
Collin County.
RESPONSE FROM THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY ON CITY COUNCIL RESOLUTION NO. 91-1-22-91 : Mr . E.
Wallace Cooper , On Scene Coordinator from the United States
Environmental Protection Agency has written that data from
two (2) investigations in the area of the Chemical
Recycling , Inc. facility are currently being reviewed and
evaluated by our staff . Upon the completion of these
reviews we will be in a better position to respond to
Section I through Section II of your resolution in a
preliminary way.
CONSIDER PHASE II TECHNICAL REPORT ON CITY LANDFILL TO TEXAS
DEPARTMENT OF HEALTH: Mr . David Buchanan of Jones and
Neuse, Inc. has written to the Texas Department of Health
discussing Phase II of the hydrogeologic investigation of
the Wylie Landfill , indicating rainfall in the area had
saturated soil at the landfill and it was not possible to
initiate drilling activities on January 7th as planned .
Based on previous experience it will take approximately one
to two weeks for soil at the landfill to dry sufficiently as
to allow access. Due to these rains, Jones and Neuse
requested a three week extension to the January 31 , 1991
deadline for monitoring well installation . This letter to
TDH also discussed the locations of new piezometers at the
landfill and the previous attempts to locate the
piezometers . This extension was granted .
PAYMENT TO JONES & NEUSE, INC. FOR LANDFILL TO TESTING AND
MONITORING: This payment request is in the amount of
$12 ,243 .04 on the Task 2 - Phase II H landfill contract
dated November 13, 1990 . Payment is recommended out of the
Landfill Closure Fund. A motion was made by Mayor Pro Tem
Hughes to approve the payment request to Jones & Neuse, Inc.
in the amount of $12, 243 . 04 . Seconded by Councilman Wible.
The vote was as follows : Mayor Akin - in favor , Mayor Pro
281
Tem Hughes - in favor , Councilman Wible - in favor , ..�
Councilman Martin - in favor , Councilwoman Stemple - in
favor, and Councilman Simmons - in favor. This motion
carried with all in favor.
ADOPTION OF AN ORDINANCE AUTHORIZING A COMPREHENSIVE PROGRAM
OF PROCEDURES AND POLICIES _FOR ADMINISTRATION OF
RECREATIONAL PROGRAMS AT COMMUNITY FACILITIES: The
comprehensive program developed by the Parks and Recreation
Director which is an organized process for the procedures
and policies applicable to City Recreational Facilities.
The Parks and Recreation Director has developed the
guidelines in conjunction with the Park and Recreation
Advisory Board . Mr . Bill Nelson, Park Director stated that
these rules were drawn up from information gathered from
other city park departments . This policy covers times that
fields can be used , the fee for the use of the fields for
all sports. There are usage fees for the lights, fields
and special fees for tournaments. This ordinance also
stipulates that activities will not begin on Sunday until
after 12 : 00 Noon. The Park Board is requesting that the
majority of the money collected be spent to maintain the
park fields. City Manager Bill Dashner stated that the Park
Board, which is an advisory board to the Council, has
studied this and recommends this policy. A motion was made
by Councilman Simmons to approve the Ordinance authorizing a
comprehensive program of procedures and policies for the
Administration of Recreational Programs at the Community
Facilities. Seconded by Mayor Pro Tem Hughes. The vote was
as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes -
in favor, Councilman Wible - against, Councilman Martin - in
favor, Councilwoman Stemple - in favor , and Councilman
Simmons - in favor. This motion carried with five in favor ,
and one against .
AUTHORIZING SOLICITATION FOR COMPETITIVE BIDS FOR CONCESSION
RIGHTS TO COMMUNITY PARK FACILITIES: Authorization is
requested to solicit competitive bids for the operation of
concession stands at the Community Park for all authorized
City activities. Staff recommends that the Park Director be
allowed to solicit competitive bids for the operation of the
concession stand at the Community Park. Whoever submits the
best bid to the City will have exclusive rights for the sale
of all concessions at the Community Park. A motion was made
by Councilman Simmons to approve the solicitation for
competitive bids for concession rights to Community Park
Facilities . Seconded by Councilman Wible. The vote was as
follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in
favor , Councilman Wible - in favor , Councilman Martin - in
favor, Councilwoman Stemple - in favor, and Councilman
Simmons - in favor . This motion carried with all in favor . "'
289
FUNDING PACKAGE FOR WATER, SEWER AND STREETS TO FACILITATE
CONSTRUCTION OF ARMORY BETWEEN TEXAS NATIONAL GUARD ,
CENTENNIAL HOMES, COLLIN COUNTY AND CITY OF WYLIE: There
are three options from which the city can choose. The cost
of these options are as follows:
Option One $289 „000 - City portion $10 ,000
Option Two $455 ,000 - City portion $93 , 047
Option Three $523 ,000 - City portion $96 ,395
Option One has a two land extension of existing Spring Creek
Parkway to the south side of St. Louis Southwestern Railroad
with water and sewer utilities extended north of AT & SF RR
and AT & ST RR crossing being provided by County.
Option Two all items in Option One plus third lane added
paralleling existing Spring Creek Parkway and street lights
and incidentals.
Option Three all items in Option Two plus third land added
in front of Armory to south side of SL, SW RR, water and
sewer utilities extended to south side of Sl , SW RR and
street lights and incidentals .
There will be $61 ,000 of perimeter Street Assessment applied
to total project cost . Staff recommends Option One to
Council .
A motion was made by Mayor Pro Tem Hughes to approve Option
One . Seconded by Councilman Martin. The vote was as
follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in
favor , Councilman Wible - in favor , Councilman Martin - in
favor , Councilwoman Stemple - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor .
ADOPTION OF AN ORDINANCE GRANTING A FRANCHISE TO
COMMUNICATION SERVICES, INC. FOR THE CONSTRUCTION OF
OPERATION OF A CABLE TELEVISION SYSTEM: The City has been
able to negotiate a new franchise ordinance with TCI
Cablevision of Texas , Inc. The ordinance has been drafted
in compliance with the 1984 Cable Communication Policy Act
as passed by Congress . Critical Sections of the Ordinance
areas follows :
Section 2 , Part 2 .2 - Terms - The initial term is for 25
years from the effective date as adopted by this ordinance
Section 3 .9 - Extension of Services
Section 3 .10 - Subscriber charges for extension of service
Section 3 . 11 - Service to Public Buildings
286
Section 4 .1 - Part A Franchise Fee - Grantee shall pay to
the franchise authority a franchise fee equal to 5% of gross
revenues received by grantee from the operation of the cable
system on an annual basis. This was negotiated from 3% up
to 5% .
Section 4 . 2 - Rates and Charges - The franchise authority
may not regulate the rates for the provision of cable
services and other services. Grantee has the right to
modify its rates and charges but not limited to the
implementation of additional charges and rate provided the
grantee shall give notice to the franchising authority of
any modifications 30 days prior to effective date.
Section 4 .3 - Renewal of Franchise
Section 4 .4 - Conditions of Sale
Section 4 .5 - Transfer of Franchise - Must have prior
consent of franchising authority.
A representative from TCI stated everyone was in agreement
with the franchise agreement and if the were any public
buildings not wired for cable they would be glad to do so.
Council was also informed that the cable office would be
closed here in Wylie, but that payments could be made
elsewhere and there would be notification given to the
citizens.
A motion was made by Mayor Pro Tem Hughes to approve the
Ordinance establishing a Franchise Agreement between the
City of Wylie and TCI Cablevision of Texas, Inc. Seconded
by Councilman Wible. The vote was as follows : Mayor Akin -
in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible
- in favor , Councilman Martin - in favor , Councilwoman
Stemple - in favor, and Councilman Simmons - in favor. This
motion carried with all in favor.
AUTHORIZING PREPARATION OF SPECIFICATION FOR THE PROPOSED
PURCHASE OF_ OR LEASE PURCHASE OF ONE NEW PUMPER TRUCK FOR
THE FIRE DEPARTMENT: The City has four (4) fire trucks,
which range from 11 to 19 years old. It was discussed in
our budget session to fund the purchase of or lease purchase
of a new pumper truck for the Fire Department. With the
authorization from Council , the Fire Chief will develop a
competitive set of specifications to be brought back to the
City Council with funding strategy. A motion was made by
Councilman Simmons to approve the authorization for
preparation of specification for the purchase of or lease
purchase of one new pumper truck for the Fire Department.
Seconded by Councilman Martin. The vote was as follows:
Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor,
Councilman Wible - in favor , Councilman Martin - in favor,
2 7
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor. This motion carried with all in favor .
REQUEST FROM MAYOR OF DALLAS FOR THE CITY OF DALLAS THROUGH
THE DALLAS HOUSING AUTHORITY TO DEVELOP LOW RENT PUBLIC
HOUSING WITHIN THE CITY OF WYLIE: If the Council agrees
to this proposal the City of Dallas will draft a cooperative
agreement to be executed at a later date by the City
Council . A motion was made by Mayor Pro Tem Hughes to deny
the request from the Mayor of Dallas for the development of
low rent public housing within the City of Wylie. Seconded
by Councilman Martin. The vote was as follows : Mayor Akin
- in favor , Mayor Pro Tem Hughes - in favor , Councilman
Wible - in favor , Councilman Martin - in favor , Councilwoman
Stemple - in favor , and Councilman Simmons - in favor . This
motion carried with all in favor .
ADOPTION OF ORDINANCE DESIGNATING A HISTORICAL LANDMARK IN
ACCORDANCE WITH WYLIE HISTORIC LANDMARK PRESERVATION
PROGRAM: This is an ordinance which will bring about a
placement of a historical landmark monument to be placed in
the old downtown section of Wylie. This will be done by the
Historical Society of Wylie, the Chamber of Commerce and the
City.
Mr . John Spillyards, Chairman of Historical Commission
addressed the Council urging them to pass this ordinance.
Mr . Spillyards said this would not mandate any owner of a
business or a property owner to remodel or update their
property/store front.
A motion was made by Mayor Pro Tem Hughes to approve the
Ordinance designating a Historical Land mark in accordance
with with Wylie Historic Landmark Preservation Program.
Seconded by Councilman Wible. The vote was as follows:
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor ,
Councilman Wible - in favor , Councilman Martin - in favor ,
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor . This motion carried with all in favor .
PROPOSAL FROM BFI INITIAL PHASE OF RECYCLING PROGRAM AND
APPROVE CENTRAL DEPOSITORY LOCATION: BFI has two options
for recycling of recyclable materials . The City Council
needs to decide which of the two options they want . This
phase is to determine need and interest in a recycling
program. If the City Council decides to put this program in
place a location for the container has been recommended on
Ballard next to the old Fire Station. The options are as
follows :
188
Option 1 1 - 30 yard compartmentalized container
Haul rate: $75.00 per haul
Daily rental rate: $4 . 50 per day ($1 , 642 .50 per
year)
City received 100% of the proceeds from the sale
of recyclable materials
Option 2 1 - 30 yard compartmentalized container
Haul rate: $0 .00
Daily Rental Rate: $4 . 50 per day ($1 , 642 .50 per
year)
BFI retains 100% of the proceeds from the sale
of recyclable materials
The City Staff recommends Option 2 . A motion was made by
Councilman Martin to approve Option 2 Recycling program
with BFI for six months . Seconded by Mayor Pro Tem Hughes .
The vote was as follows : Mayor Akin - in favor , Mayor Pro
Tem Hughes - in favor, Councilman Wible - in favor,
Councilman Martin - in favor , Councilwoman Stemple - in
favor, and Councilman Simmons - in favor. This motion
carried with all in favor.
AMENDING INTERLOCAL AGREEMENT WITH COLLIN COUNTY ON CHANGE
ORDERS TO MCCREARY/BROWN STREET PROJECT AND ALL COST
INCURRED BEYOND CONTRACT BID PRICE: The bid on this project
was awarded on January 20, 1990 by Collin County, but the
Commissioners Court has stipulated any construction overruns
will have to be paid for by the City of Wylie. Staff has
informed Collin County prior to any change orders, the City
must approve the change orders . A motion was made by Mayor
Pro Tem Hughes to approve the amendment to the Interlocal
Agreement with Collin County on Change Orders to
McCreary/Brown Street Project and all cost incurred beyond
contract bid price. Seconded by Councilwoman Stemple. The
vote was as follows : Mayor Akin - in favor , Mayor Pro Tem
Hughes - in favor, Councilman Wible - in favor, Councilman
Martin - in favor , Councilwoman Stemple - in favor, and
Councilman Simmons - in favor. This motion carried with all
in favor .
NEW COST FIGURES ON COLLIN COUNTY CONSTRUCTION FIGURE FOR
ALANIS ROAD: The figure that has always been give to City
Council on the construction of Alanis Road is $18 ,000 . The
official cost estimate from Collin County stipulating the
new estimate cost to be $46,538 . The construction of this
road is in agreement with the landfill closure process that
this road be relocated . A motion was made by Councilman
Martin to table this item. Seconded by Councilman Wible.
The vote was as follows : Mayor Akin - in favor, Mayor Pro
Tem Hughes - in favor, Councilman Wible - in favor,
Councilman Martin - in favor, Councilwoman Stemple - in
favor, and Councilman Simmons - in favor. This motion
carried with all in favor to table.
2R9
APPROVAL OF CLAIM FROM PATE AND PATE ON PHASE II SEWER LINE
CONSTRUCTION WORK: This claim is in the amount of
$31 ,972 .22 . This project is complete and the City is
holding a 5% retainer fee. A motion was made by Councilman
Simmons to approve payment of $31,972 . 22 to Pate and Pate.
Seconded by Councilman Martin . The vote was as follows:
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor ,
Councilman Wible - in favor , Councilman Martin - in favor ,
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor . This motion carried with all in favor .
PAYMENT TO PATE AND PATE_ REQUEST NO. 4, MUDDY CREEK
INTERCEPTOR: This payment request is in the amount of
$28 , 823. 33 , and this still leaves the 5% retainer fee of
$35,217 .10 of the total contract . This retainer fee will
take care of the legal obligations that the City has with
Gilbert Welch and the seeding per contract and the normal
cleanup. A motion was by Councilman Simmons to approve
the payment request in the amount of $28 , 823 .33 . Seconded
by Councilman Wible. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible
- in favor , Councilman Martin - in favor , Councilwoman
Stemple - in favor , and Councilman Simmons - in favor. This
motion carried with all in favor .
PAYMENT OF CLAIM #1 TO DALTON AND CO. FOR NEWPORT HARBOR
SEWER LINE CONSTRUCTION WORK: This payment request is in
the amount of $19 ,566 . 45 which represents 6 . 6% of the total
contract. The City is retaining 10% of the total contract .
A motion was made by Mayor Pro Tem Hughes to approve the
payment request in the amount of $19 ,566.45 . Seconded by
Councilwoman Stemple. The vote was as follows : Mayor Akin
- in favor , Mayor Pro Tem Hughes - in favor , Councilman
Wible - in favor , Councilman Martin - in favor, Councilwoman
Stemple - in favor , and Councilman Simmons - in favor . This
motion carried with all in favor .
ACQUISITION OF CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF
NEWPORT HARBOR SEWER LINE : This construction easement is
for the installation of Newport Harbor sewer line with
Sunbelt Savings and Loan and the cost of the easement is
$10 .00 . A motion was made by Mayor Pro Tem Hughes to
approve the easements at a cost of $10 .00 . Seconded by
Councilman Wible. The vote was as follows : Mayor Akin - in
favor , Mayor Pro Tem Hughes - in favor , Councilman Wible -
in favor , Councilman Martin - in favor , Councilwoman Stemple
- in favor , and Councilman Simmons - in favor. This motion
carried with all in favor .
ACQUISITION OF CONSTRUCTION EASEMENT FROM TEXAS COMMERCE
BANK FOR NEWPORT HARBOR SEWER LINE: There are two easements
from Texas Commerce Bank each can be purchased for $10 .00 a
piece, a total of $20 .00 . A motion was made by Councilman
290
Simmons to approve the easements from Texas Commerce Bank
for $20 .00 . Seconded by Councilwoman Stemple. The vote was
as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes -
in favor, Councilman Wible - in favor , Councilman Martin -
in favor, Councilwoman Stemple - in favor, and Councilman
Simmons - in favor. This motion carried with all in favor.
TENANT AGREEMENT NEGOTIATED FOR RIGHT-OF-WAY FOR THE NEWPORT
HARBOR SEWER LINE INSTALLATION IN PRESIDENTIAL ESTATES -
TERRI JONES AND WAYNE WOODARD: There are two easement -
tenant agreements negotiated for right-of-way acquisitions
for the installation of the Newport Harbor sewer line.
These easements cost $250.00 a piece for a total of $500 .00 .
A motion was made by Councilman Simmons to approve the two
agreements for right-of-way acquisitions for the
installation of the Newport Harbor sewer line . Seconded by
Councilman Martin. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible
- in favor, Councilman Martin - in favor , Councilwoman
Stemple - in favor, and Councilman Simmons - in favor . This
motion carried with all in favor.
Mayor Akin moved Citizen Participation up on the agenda
since the meeting was rather long and Council still had a
number of items to cover prior to Citizen Participation.
CITIZEN PARTICIPATION: Mayor Akin invited those wishing to
address the Council to come forward at this time and to
state their name and address for the record.
Jesse Vance - 502 S. Jackson St . - addressed the Council on
the recall petition he submitted.
ADOPTION OF A FORMAL RESOLUTION TO PROCEED WITH CONDEMNATION
ACTION FOR EASEMENT ON NEWPORT HARBOR SEWER LINE: This
easement would be coming from Mr . C. T. Beckham and as of
this date staff has not be able to come to an agreement with
Mr . Beckham. The final offer staff made for this easement
was $6,580 . and Mr . Beckham refused this. If staff has to
proceed with condemnation, it will hold up the project
approximately three months . A motion as made by Mayor Pro
Tem Hughes to deny Resolution for condemnation. Seconded by
Councilman Martin. The vote was as follows : Mayor Akin -
against, Mayor Pro Tem Hughes - against, Councilman Wible -
against , Councilman Martin - against, Councilwoman Stemple -
against and Councilman Simmons - against . This motion has a
vote of six (6) against condemnation and none in favor of
condemnation.
CHANGE ORDER #1 , NEWPORT HARBOR SEWER LINE - RELOCATING LIFT �..,
STATION TO ACCOMMODATE PHASE II - NEWPORT HARBOR
DEVELOPMENT: The relocation of the lift station will cost
$12, 190 and by relocating the lift station Phase II can be
291
M.r, developed at a later date at which time all fees will be
paid . If the City goes with this option a formal change
order will have to be prepared and brought back to Council
for final approval . A motion was made by Mayor Pro Tem
Hughes to approve Change Order #1 relocating lift station.
Seconded by Councilman Simmons. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor,
Councilman Wible - in favor , Councilman Martin - in favor ,
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor. This motion carried with all in favor .
ADOPTION OF A RESOLUTION MANDATING PHASE II OF NEWPORT
HARBOR DEVELOPMENT TO PAY PRO RATA SHARE OF INSTALLING
NEWPORT HARBOR SEWER TRANSMISSION LINE UPON INITIAL
DEVELOPMENT : This resolution will require the owner of this
land to pay $150 ,000 , once the first building permit has
been issued, to hook up to the new transmission line that
cost the City $300 ,000 . Since Phase II Newport Harbor
Development ' s , when its hooked up, flow usage will be 50% of
capacity. It is not fair for Phase II to get a sewage
system for $3 ,000 . A motion was made by Mayor Pro Tem
Hughes to approve the Resolution mandating Phase Ii of
Newport Harbor Development to pay Pro Rata Share of
installing new sewer transmission line. Seconded by
Councilman Simmons. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible
- in favor , Councilman Martin - in favor , Councilwoman
Stemple - in favor , and Councilman Simmons - in favor . This
motion carried with all in favor.
CONDEMNATION ACTION AGAINST WESTGATE CENTER PHASE I IN ORDER
TO ACQUIRE A DRAINAGE CONSTRUCTION EASEMENT: This problem
has existed since the Sanden Corporation plant was
constructed . Westgate Center Development did not put in
proper drainage and there is a lot of run off onto Sanden
Corporation . Sanden is pressuring the City to eliminate this
problem. Staff has contacted Mr . John Pennington of El Paso
and he will not grant a drainage construction easement .
This project has been engineered and will cost approximately
$25 ,000 but nothing can be done until the City has this
easement. A motion was made by Councilman Martin to approve
the condemnation action against Westgate Center Phase I and
to send a letter to the owner informing him of this.
Seconded by Councilwoman Stemple. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor ,
Councilman Wible - in favor , Councilman Martin - in favor ,
Councilwoman Stemple- in favor ,and Councilman Simmons - in
favor. This motion carried with all in favor .
292
INTERNAL AUDIT OF LAKE RAY HUBBARD MOBILE HOME PARK AND
UNPAID SEWER AND SANITATION SERVICES AND LACK OF COLLECTION
EFFORT AND PAYMENT FOR TWO YEARS: Since the Mobile Home
Park has been annexed into the City, the City has lost
approximately $22 ,000, over the last two years due to the
lack of collection efforts and required payment. The audit
on this account determined that the Park should be paying
approximately $800 to $900 per month for sewer and
sanitation services . Staff has been directed to sent a bill
to the park for December 26, 1990 through January 23, 1991 .
Staff is asking for authority, if proper payment is not
received for the services provided with taxpayers dollars,
to discontinue sewer and trash services . A motion was made
by Mayor Pro Tem Hughes to grant authority to discontinue
sewer and trash services if payment is not made . Seconded
by Councilman Wible. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible
- in favor, Councilman Martin - in favor, Councilwoman
Stemple - in favor , and Councilman Simmons - in favor . This
motion carried with all in favor.
INTERNAL AUDIT OF ALL LIFT STATION FEES PAID FROM 1985 TO
1990 : The total sum of $607 ,704 has been collected in Lift
Station Fees since 1985 through August of 1990 , and there
were expenses in the amount of $607,704 . After looking over
how the $607,704 was used , great flexibility was used on
what the money could be used for and what it was actually
used for. Some of this money was used for the purchase of a
3 ton Chevrolet truck and a 1/2 ton Chevrolet truck and for
financial services. There was also a $25,000 loan from Lift
Station Fund to the General Fund plus $78,000 worth of
undefined miscellaneous items.
INTERNAL AUDIT ON ALL IMPACT FEES FROM 1984 TO 1990: The
total sum of $1 ,219 ,101 . 17 with a total of $1 , 196,440 . 82
expenditures leaving a balance of $22,660 .35 in the Impact
Fee Fund. The money was used for lawsuite settlements,
heavy equipment leases, etc.
CRITIQUE OF CITY AUDIT AND RESPONSE TO THE CRITIQUE FROM
CITY AUDITOR : Bill Dashner, City Manager stated that there
was no audit trail on special accounts which would include
impact fees, lift station fees , perimeter street fees and
other special funds. Also the audit is lacking in the
Street Assessment Program, there is no reference to what
needs to be done to rectify any deficiencies and uncollected
amounts . There was approximately $58,000 in water and sewer
accounts that were written off and this is not reflected in
the audit report. There were large claims in excess of
$5, 000 paid without Council ' s prior approval . As of January
24, 1991 there has been no Management Letter submitted to ...,
staff. During the regular audit, the auditor did not
mention the special audit done on the Fire Department . Bill
Dashner, City Manager stated that there is a lack of
? Q3
internal control , checks and balances and oversight in the
Finance Department. It is very difficult to acquire
specific and current financial reports. Also, there is no
reference to the unfunded liability the City has on vacation
time accruement and compensatory time accruement. It was
also noted the figures used in the closing of the landfill
are the figures from the sale of bonds and not the new
estimates. There is also incomplete and non-current
accounting of all funds received in Municipal Court .
Mr . John Mares stated that special fees are audited and the
impact fees were specifically tested as part of our audit
procedures each year . The work papers our firm does on
each fund will give you more detail and will provide an
audit trail for at least the last 2 years . On street
assessments , these questions were answered in the management
letter , I realize the Council and management has not had
time to review this letter . Mr . Mares stated that the
software for the Utility fund does not interlock with
General Fund and there is no list of "bad accounts" . In the
management letter last year it was suggested that the City ' s
computer system needed to be updated. This is a large
expense in order to bring your system up to the appropriate
soft ware.
SOLICITING COMPETITIVE PROPOSALS FOR OUTSIDE INDEPENDENT
AUDITING FIRM TO DO FY 91 COMPREHENSIVE CITY AUDIT: The
City has used the current auditing firm of Adami , Lindsey &
Company for the last two years. The City did not go out for
proposals this year and the same firm was used . The current
contract which is a limited audit , was for $15 ,200 per year .
There is time for the Council to decide to seek proposals
for the FY 90/91 Audit . A motion was made by Councilman
Simmons to approve the soliciting competitive proposals for
outside independent auditing firm to do FY 91 Audit .
Seconded by Councilwoman Stemple. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor ,
Councilman Wible - in favor , Councilman Martin - in favor ,
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor . This motion carried with all in favor .
Mayor Akin recessed the open meeting and convened Council
into Executive Session at 11: 35 P.M. under the authority of
Article 6252-17 V.A.C.S. , Section 2 paragraph "g" Personnel
Matters - hiring of a full time City Attorney and paragraph
"f" with respect to the purchase, exchange, lease or value
of real property ---Easement.
2 9 n,
Mayor Akin reconvened Council into open session at 12 : 10
A.M. Council gave instructions to the City Manager to bring
in three applicants for City Attorney and to try and reach a
settlement regarding the easement.
A motion was made at 12 : 20 A.M. to adjourn, with all in
favor .
''' ,L,, -Z-----"I 71---' I,•.2"/- (-4-' "e7 - •7 r°.,-/
// John W. Akin , Mayor
ATTEST:
\\\ Otiimnnnumni
�
'(::
Carolyn Jo s , C ' t ecretary = SEAL
a C n/h ,f si'/r°s
l
•:i ai'Ei,.'.e.