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 .
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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 ,
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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