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03-26-1991 (City Council) Minutes 7� 1 7 CITY COUNCIL MEETING MINUTES MARCH 26, 1991 The City of Wylie City Council met in regular session on Tuesday , March 26 , 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 , Chuck Wible, Pat Stemple, and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones , City Engineer Paul Beaver , and Park Director Bill Nelson. Mayor Akin called the meeting to order and Rev. Dan Small gave the invocation followed with the Pledge of Allegiance. SECOND PUBLIC HEARING ON URGENT NEED RESOLUTION AND AN URGENT NEED GRANT APPLICATION TO THE TEXAS DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF HOUSING URBAN DEVELOPMENT FOR $400 ,000 : This grant application would allow the city to conduct an Infiltration and Inflow Analysis of the City ' s Sanitary Sewer System to ascertain problems and make necessary and needed repairs . Mayor Akin opened the public hearing and invited those wishing to address the Council on this matter to come forward and state their name and address for the record. There being no speakers at this time Mayor Akin closed the public hearing . ADOPTION OF URGENT NEED RESOLUTION AND AUTHORIZING AN URGENT NEED GRANT APPLICATION TO THE TEXAS DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF HOUSING URBAN DEVELOPMENT FOR $400 ,000 : This grant application in the amount of $400 ,000 . would allow the City to conduct an Infiltration and Inflow Analysis of the City' s Sanitary Sewer System to ascertain problems and make necessary and needed repairs . A motion was made by Mayor Pro Tem Hughes to approve the Urgent Need Resolution and authorize an Urgent need Grant Application to the Texas Department of Commerce and the Department of Housing Urban Development for $400 ,000 . 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 . 318 REAPPOINTMENT OF MR. HARRY TIBBALS OR APPOINTMENT OF A NEW DIRECTOR TO THE NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD : This appointment will be for a term of three years, from June 1 , 1991 to May 31 , 1993 . A motion was made by Councilman Martin to appoint Mr . Harry Tibbals to the North Texas Municipal Water District Board for a three year term. 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 . CITY FINANCIAL REPORT FOR PERIOD ENDING FEBRUARY 28 , 1991 - 5TH MONTH OF FY91 : Through the first five (5) months, the City has collected in revenue $3 , 350 ,000 . The City has expended to date $2 ,568,000 for a five month positive balance of $782 ,000 . The City has now collected 56% of the projected budget of $5,955,000 . The City has in reserve funds and restricted fund accounts interest bearing funds in the amount of $3 ,671,000 . CITY I_NVESTED FUNDS AS OF FEBRUARY 28 , 1991 AND UNINVESTED BALANCES IN OPERATIONAL ACCOUNTS AS OF _ FEBRUARY 28 , 1991 (PROVIDENT BANK) : There is a total of $2 ,272, 743 .50 in invested funds and a total of $1 ,398,431 .42 in uninvested funds . Which is a total of all funds in the amount of $3 ,671 ,174 .92 . CONSIDER TEXAS TAX CODE SECTION 33 .06 VERNON CIVIL STATUTES ALLOWING, UNDER CONTROL CONDITIONS, ELDERLY HOMESTEAD HOMEOWNERS TO DEFER AD VALOREM TAX ASSESSMENTS: City Government may defer Ad Valorem Tax payments for elderly homestead homeowners living alone upon filing of an affidavit with the appraisal district to postpone payment of property taxes . An elderly person by statute is 65 or older. This could be done as long as the elderly property owners own and live in the residence. This type of tax deferral only postpones payment, it does not cancel them. Property taxes and 8% interest continue to accrue against - the homestead property during the deferral period. The taxing unit (City) is permitted to collect the tax and all penalties and interest accrued and due on the property when the elderly taxpayers ceases to own or reside in the property. Staff needs direction to prepare and ordinance for this law. A motion was made by Councilman Martin to authorize the staff to prepare an Ordinance for elderly Homestead homeowners to defer Ad Valorem Tax Assessments. 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 . � 1 � REPORT ON STREET RECONSTRUCTION, STREET IMPROVEMENTS, ALLEY AND DRAINAGE IMPROVEMENTS SINCE JULY, 1990 : There has been thirty-five (35) City Streets that have been reconstructed and overlaid or chip and seal since July, 1990 . This road work cost $1,606 ,000 and represents approximately 12 miles. All of these streets have been done without any assessment on the public . County Bond funds , perimeter Street money, Street Reconstruction fund and City Budget through the Maintenance and Operation account has funded all the work. It was suggested to have some type of recognition to the Street Department for their work and to the citizens for their inconvenience and also to invite Jerry Hoagland. It was then suggested to have a Barbecue, and to place this on the next council agenda . Gary Estes of 518 Miss Ellie Circle stated that the street improvements is very much appreciated, but voiced concern on the fact that McCreary Road was not completed all the way through and at the cost of the road repairs . LETTER FROM DALLAS AREA RAPID TRANSIT AUTHORITY ON RAILROAD CROSSING AT MCCREARY ROAD: The letter received from Dallas Area Rapid Transit is notifying the City that they will require the City to continue signalization under the original obligation with Southern Pacific Railroad . AWARDING COMPETITIVE BID PROPOSALS FOR CONCESSION RIGHTS, FULL FRANCHISE AT COMMUNITY PARK : There were four bids received , which are as follows: Allan Weiss, Dallas, Texas Nick Bert, Dallas, Texas Mark Jenneman, Wylie, Texas Dale Storey , Wylie, Texas After close analysis and review it is hereby recommended that Alan Weiss of Dallas, Texas be awarded the bid for the following reasons: 1 . City will receive 21% of gross sales 2 . Far superior menu and concession items 3 . Prices for items 4 . Experience in working with the Public Sector with City and State of Texas 5 . References 320 A motion was made by Mayor Pro Tem Hughes to award the bid .. for concession rights, full franchise at Community Park to Alan Weiss, Dallas, Texas . 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 . AN ORDINANCE ADOPTING BY REFERENCE NORTH TEXAS COUNCIL OF GOVERNMENT STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION TO AUGMENT CITY OF WYLIE PUBLIC WORKS SPECIFICATION ORDINANCE: The City currently has an ordinance outlining sub-division standards on all Public Works construction. These standards are inadequate and insufficient to enforce acceptable construction standards. A motion was made by Councilman Simmons to approve the Ordinance adopting the North Texas Council of Government Standard Specifications for Public Works Construction. 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 OF CLAIM TO CONTRACTOR FOR PHASE I CAPITAL ....' IMPROVEMENT STREET PROGRAM, CHIP AND SEAL AS BID: This claim is in the amount of $10,416.65 and is for Jackson St . between College to Citizen, Citizen to W. Kirby and W. Kirby to Birmingham. A motion was made by Mayor Pro Tem Hughes to approve the payment claim in the amount of $10 ,416 . 65 , to Bolin Construction. 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. CONSIDER CONSTRUCTION OF A NEW ROAD INTO WYLIE COMMUNITY PARK: At the present time there is only one entrance into the Park and has created serious problems getting in and out of the Park. The only entrance is Thomas Street . The School District has granted a 24 ' road easement across the property that will get the City an exit onto Hilltop. The City crews can construct this road , sub-base, drainage, etc and then can contract out the overlay through the existing annual bid contract . This road will be approximately 24 ' wide , with an estimated cost of materials and asphalt being approximately $13,000 . A motion was made by Councilman Simmons to approve the construction of a new road into Wylie Community Park provided the School Board is in agreement. ... 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 , � 71 Councilwoman Stemple - in favor and Councilman Simmons - in favor . This motion carried with all in favor . FUNDING SOURCE IN ORDER TO RECONSTRUCTION KREYMER LAND FROM STATE HIGHWAY 78 TO BROWN ST. : According to the City ' s five year Capital Street Improvement Program it will cost approximately $51 ,000 to totally reconstruct Kreymer Lane. Centennial Homes put $61 ,000 into the Perimeter Street Fund to do Woodlake Village Development. This development is on hold and will not be done in the near future. Staff has suggested to transfer this money and do Kreymer Lane since it' s the same development company and the two development areas connect . In order to make this completely feasible the City should debit the Centennial Homes Woodlake Village Account for $61 ,000 and when the development comes about the City will be responsible for $61 ,000 . There is a pressing need to do something with Kreymer Lane . Centennial wants the City to pay them back the money within 18 months, not return the funds to the Perimeter Street Fund. The City should pay the money back to the fund whether Woodlake Village is developed or not . Mr . Ben Bengle and Mr . Pat Miner , both live in this area, voiced concern about the road condition and how is it tearing up their vehicles. A motion was made by Councilman Martin to table until a later date . 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 . LANDFILL MONITORING WELLS WORK ORDER 030289012 , ADDENDUM NO. 1 , PHASE II , TO CONTRACT WITH JONES AND NEUSE, INC. : The need for this addendum is the State Health Department did not specify well completion standards in their letter of october 17 , 1990 on which Jones & Neuse based their cost estimate. The specifications will require materials in some cases more stringent than those used in standard monitoring well and piezometer construction . The cost of these new wells and piezometers has increased by $3 ,900 .00 . There is also an additional $800 .00 due to an extra meeting to spot well locations, drilling of an extra well when trash was not found at the State location and extra depth required beyond 40 feet in deep well location. A motion was made by Mayor Pro Tem Hughes to approve the Addendum No. 1 with contract with Jones and Neuse, 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 . 32 ? INVOICE FROM JONES & NEUSE, INC. FOR LANDFILL CONTRACT: The invoice from Jones & Neuse, Inc. is in the amount of $3 ,000 .50 for the Task 1, Task 2, Phase II H and Task 3 landfill contract . With this payment the original landfill report has been completed and the new State mandated investigation is 39% complete through January 31, 1991 . The City Engineer has reviewed this claim and staff recommends payment. A motion was made by Mayor Pro Tem Hughes to approve payment in the amount of $3 ,000 .50 to Jones & Neuse, Inc. 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 . FIRST DRAFT OF A CONTRACT BETWEEN THE CITY OF WYLIE/ CITY OF MURPHY/NORTH TEXAS MUNICIPAL WATER DISTRICT TO TREAT CITY OF MURPHY WASTEWATER: This is a preliminary contract that will allow the City of Wylie to handle all of the City of Murphy' s wastewater . This is a not to exceed 250,000 gallons per day contract . The City of Murphy would tie onto the City of Wylie' s transmission line. The City of Wylie would charge Murphy over and above treatment cost where the City would see a reasonable and equitable profit margin. The tie in point would be on the new sewer line at Hensley Lane and this lift station would have to be increased . �~ PAYMENT OF CLAIM FOR CHANGE ORDER #2 TO CONTRACTOR ON PHASE II INTERCEPTOR SEWER LINE: The contractor submitted Change Order #2 in the amount of $3 ,988 . 42 , which occurred in March of 1990 when the interceptor had to be lowered. The plans and specifications stipulated a certain depth and the line had to be lowered to avoid conflict with underground utilities along Alanis Dr . This work happened a year ago and staff recommends this claim be denied as this claim can not be justified. A motion was made by Councilman Martin to deny payment of this claim. 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 Martin - in favor . This motion carried with all in favor to deny payment . DISCUSS REPLACEMENTS, REAPPOINTMENTS AND NEW APPOINTMENTS TO MASTER PLAN/GOALS COMMITTEE : Councilman Wible recommended the following : Ruth Wright, Dean Tanner, Margie Gary, John Mondy, Allen McLaurin and Ann Parker . Mayor Akin recommended the following : Danny Allen, Bob Moorman, Scott Vann , Bob Welch and Robin Messer . Councilwoman Stemple recommended Jerry Alt and Sandy Galvich . Councilman Simmons recommended the following: Leon Boughton, Lonnie Vaughn, June Baugh, Art Harris, and Marvin Blakey. CITIZEN PARTICIPATION: Mayor Akin invited those wishing to address the Council to come forward at this time, to state their name and address for the record and to keep their comments to within five minutes. Scott Van of 171 Christopher Crossing thanked the Council for the street work done on Mccreary Road . There being no other matters for discussison, a motion was made with all in favor , to adjourn at 8 : 20 P.M. l / John W. Akin , Mayor ATTEST: / Caroly J nes ,;: Secretary