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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.