05-28-1991 (City Council) Minutes 9
CITY COUNCIL MEETING
MINUTES
MAY 28 , 1991
The City of Wylie City Council met in regular session on
Tuesday , May 28 , 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 Akin,
Council Members Chuck Wible, William Martin, Jay Davis, Pat
Stemple and Percy Simmons , City Manager Bill Dashner , City
Secretary Carolyn Jones , City Engineer Paul Beaver , Finance
Director Curtis Warner and Public Works Director Bill
Flowers . Also present were Jim Swartz and Ortie Messenger ,
Council Members Elect . Mayor Pro Tem Hughes was out of
town.
Mayor Akin called the meeting to order and Rev. Al Draper of
the First Baptist Church gave the invocation which was
followed with the Pledge of Allegiance.
APPROVAL OF MINUTES OF MAY 14TH AND 20TH, 1991 COUNCIL
MEETINGS : There being no corrections or additions to the
minutes, a motion was made by Councilman Simmons to approve
the minutes of May 14th and 20th as submitted . Seconded by
Councilman Wible. The vote was as follows : Mayor Akin - in
favor , Councilman Wible - in favor , Councilman Martin - in
favor, Councilman Davis - in favor, Councilwoman Stemple -
in favor , and Councilman Simmons - in favor . This motion
carried with all in favor .
OATH OF OFFICE: The City Secretary administered the Oath of
Office to newly elected Council Members Jim Swartz and Ortie
Messenger.
ELECTION OF MAYOR PRO TEM FOR ONE YEAR TERM - MAY, 1991 -
MAY, 1992 : A motion was made by Councilman Messenger to
elect Jim Swartz as Mayor Pro Tem. Seconded by Mayor Akin.
A motion was made by Councilman Martin to elect Don Hughes
as Mayor Pro Tem. Seconded by Councilman Simmons. The
vote on the first motion to elect Jim Swartz was as follows:
Mayor Akin - in favor, Councilman Swartz - in favor ,
Councilman Martin - against , Councilman Davis - against,
Councilman Messenger - in favor , and Councilman Simmons -
against. This motion did not pass , with three in favor and
three against. The vote on the second motion to elect Don
Hughes was as follows: Mayor Akin - against, Councilman
Swartz - against, Councilman Martin - in favor , Councilman
Davis - in favor , Councilman Messenger - against and
Councilman Simmons - in favor . This motion did not pass,
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with three in favor, and three against .
A motion was made by Councilman Swartz to elect Jay Davis as
Mayor Pro Tem. Seconded by Councilman Simmons . The vote
was as follows : Mayor Akin - in favor , Councilman Swartz -
in favor , Councilman Martin - in favor , Councilman Davis -
against, Councilman Messenger - in favor, and Councilman
Simmons - in favor . This motion carried with five in favor
and one against.
CITY FINANCIAL REPORT THROUGH PERIOD ENDING APRIL 30, 1991 ,
SEVENTH (7TH) MONTH OF FY91 : The total approved budget for
FY 91 was $6,029 ,076 (as amended by the City Council ) . The
City has taken in total revenues of $4,159,025 and expended
a total of $3 ,532 ,240 during the first seven months. As of
April 30 , 1991 the City is carrying a positive balance of
$626,785 . The City also is reporting investments in the
amount of $3 , 198 ,667 .23 in invested accounts or operational
accounts. It was also noted that the Utility Fund is
suffering due to a great deal of rain fall . Through the
seventh month, the Utility Fund has received $1 ,134 ,185 and
spent $1,038 , 910 . Unless the next few months begin to show
better water sales, the Utility Fund could end the year with
a deficit . The City Council authorized lowering water and
sewer rate and supplanting this revenue loss with $180,000
worth of 1990 bond funds, $80 ,000 of this has already been
transferred into the Utility Fund, another $100 ,00 will be
transferred in at the end of the fiscal year when we
determine the condition of the Utility Fund. Also report
that the Wylie Development Corporation balance as of May 15,
1991 is $136, 010 .53 .
DEBT SERVICE PAYMENT FOR FY 91 AND ITS RELATIONSHIP TO CITY
BUDGET: The City of Wylie has 21 different debt service
payments that have been made and must be made through FY 91 .
This year ' s budget as amended was $6,000 , 000 . Of that
amount $1 ,325,000 was to service the City debt . Through
today, the City has paid $884 ,000 in debt service and will
have to pay another $441 ,000 . during the next five months.
All of this money is being used to service City debt of
$17 , 600 ,000 .
REVENUE REPORT FROM PARK AND RECREATION ON USAGE OF
COMMUNITY PARK: Through May 28 , 1991 the City Park and
Recreation has collected a total revenue of $6 ,433 . 00 . This
revenue has come from Athletic Field Fees, Lighting Fees and
Concession split . All of the money received is earmarked
for the Parks.
It was suggested that the Council look at putting the $1 .00
donation back on the water bills.
DECLARING SURPLUS CITY PROPERTY AND AUTHORIZING A PUBLIC
AUCTION WHEREBY ALL SURPLUS CITY PROPERTY CAN BE DISPOSED OF
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TO THE HIGHEST BIDDER: Each department head has submitted
his list of equipment that is no longer in working order or
no longer needed by the City. A lot of this equipment is
old, outdated and unoperational and can no longer be used
without spending more money to fix than the value of the
equipment. It is staffs recommendations to Council to
declare all this equipment surplus City property so that a
Public Auction can be held at the City Service Center to
sell it at auction. A motion was made by Councilman Martin
to approve a public auction and to declare the list of
equipment as surplus property for auction. Seconded by
Mayor Pro Tem Davis. The vote was as follows : Mayor Akin -
in favor, Mayor Pro Tem Davis - in favor , Councilman Swartz
- in favor, Councilman Martin - in favor, Councilman
Messenger - in favor and Councilman Simmons - in favor .
This motion carried with all in favor .
ACCEPTING COMPETITIVE BID FOR THE PURCHASE AND FINANCING OF
ONE (1) NEW 1,250 GALLON PUMPER TRUCK ON LEASE/PURCHASE
BASIS : Staff received three bids on this item. One bid
from 3-D Manufacturing - Round Rock, Tex . did not meet
specifications . Sutphen Corporation of Amlin, Ohio
submitted a bid in the amount of $179, 001 .00 with 100%
financing. With 3 year financing at 7 .65% interest and 5
year with 7 .70% interest and 7 year with 7 . 80% interest.
Sutphen Corporation also submitted a bid in the amount of
$192 ,699 . 00 which exceeds our bid specification. Mr . Keith
Scott , representative of 3-D Manufacturing was present and
spoke with the Council . Fire Chief Lynch stated that there
were 12 exceptions to the bid submitted by 3-D
Manufacturing . Staff recommends award of bid to Sutphen
Corporation in the amount of $179 ,001 .00 .
A motion was made by Mayor Pro Tem Davis to award the bid to
Sutphen Custom in the amount of $179 ,001 .00 with a seven
year pay out plan. Seconded by Councilman Martin. The vote
was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis
- in favor, Councilman Swartz - in favor, Councilman Martin
- in favor , Councilman Messenger - in favor , Councilman
Simmons - in favor . This motion carried with all in favor.
HOUSTON-GALVESTON AREA COOPERATIVE PURCHASING AGREEMENT:
This is an interlocal agreement which will enable the City
to purchase certain items through the Houston-Galveston Area
Cooperative Purchasing Program. HGAC annually solicits
competitive bids on selected big ticket items such as
automobiles and high tech equipment . Governmental agencies
may purchase equipment under any of the various HGAC
contracts and the prices are frequently much lower than we
might be able to obtain on our own bidding . The three
percent (3%) administrative fee charged by HGAC would be
worth it, if the savings are great enough. A motion was
made by Councilman Messenger to approve the agreement with
Houston-Galveston Area Cooperative Purchase Program.
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Seconded by Councilman Simmons. The vote was as follows : •.
Mayor Akin - in favor, Mayor Pro Tem Davis - in favor,
Councilman Swartz - in favor , Councilman Martin - in favor,
Councilman Messenger - in favor, and Councilman Simmons - in
favor. This motion carried with all in favor.
PURCHASE OF A COMMUNICATION RECORDER FOR CITY POLICE
DEPARTMENT: The City Council approved a $50,000 drug
money expenditure for police equipment. One of the items
was a 10 channel communication recorder logger for police
dispatch . As a part of the bid process the City requested
bids on a reconditioned or new unit. The following bids
were received :
Creative Switching Designs Magnasync TR2000 $8 , 847.50
Reconditioned
Dictaphone Corporation Dictaphone 5000 $11 ,619 .00
Reconditioned
Dictaphone Corporation -
Houston-Galveston Area Dictaphone 5000 $14 , 832 .72
New
The bid price for the Houston-Galveston Area on the new
Dictaphone 5000 series recorder is $14 , 832 .72 and includes
the HGAC administrative price. The list price for this
piece of equipment is $20 ,437 . Staff recommends that the
two reconditioned bids be rejected and the Council award the
bid to HGAC for a new Dictaphone 5000 series unit. A motion
was made by Councilman Martin to approve the bid award to
Houston-Galveston Area for a Dictaphone 5000 (new) in the
amount of $14 ,832 .72 . Seconded by Councilman Simmons. The
vote was as follows : Mayor Akin - in favor, Mayor Pro Tem
Davis - in favor , Councilman Swartz - in favor , Councilman
Martin - in favor, Councilman Messenger - in favor, and
Councilman Simmons - in favor. This motion carried with all
in favor.
MASTER METER BILLING AT SOUTHFORK MOBILE HOME PARK AND TAKE
RESPONSIBLE ACTION TO ELIMINATE WATER SALES LOSS: The City
placed a master meter at Southfork Mobile Home Park three
months ago. It was the decision of the City Council at that
time to convert 460 individual meters to one master meter
whereby the owner would pay all water, sewer and sanitation
bills . The City would either pull or sell the meters to the
owners. It has been documented that the City is losing
approximately $85,000 per year on the operation as it exists
today. The following is a comparison reading of the master
meter with the individual meters for the month of March:
Master Meter 4,046 ,100 gallons
Individual meters 1, 967 ,234 gallons
Difference in readings 2 ,078 ,866 gallons
Loss in Dollar Amount $5 , 304. 97
Unless changes are made the City will continue to lose on
unmetered and unpaid for water. This has been going on for
five years with no action and all citizens are suffering
this loss of income and the special treatment given the
owner of this one mobile home park.
Mr . David Blankenship of 216 Sue Ellen requested that
someone other than a city employee come in to audit the
meter readings.
A motion was made by Councilman Simmons to authorize the
City to do a complete investigation of Southfork Mobile Home
Park on water loss, on all city codes and cablevision and to
see if Southfork Mobile Home Park is being treated as the
other mobile home parks are. Seconded by Mayor Pro Tem
Davis. It was also suggested that the new City Attorney,
the City Engineer and a representative from Southfork Mobile
Home Park do the investigation. The vote was as follows:
Mayor Akin - in favor, Mayor Pro Tem Davis - in favor ,
Councilman Swartz - in favor , Councilman Martin - in favor,
Councilman Messenger - in favor, and Councilman Simmons - in
favor. This motion carried with all in favor .
FIVE MOBILE HOME PARKS DELINQUENT AD-VALOREM TAXES AND
AMOUNT OF REVENUE THAT IS BEING LOST TO THE CITY : There are
five Mobile Home Parks in the City of Wylie with delinquent
taxes as follows:
Turner M. H. Pk. 1 lien $ 17 .93
Lake Ray Hubbard M. H. Pk. 5 liens $ 425 .47
Glenn Knoll M. H. Pk. 45 liens $ 4 ,999 . 56
Wylie Butane M. H. Pk. 29 liens $ 1 ,326 .70
Southfork M. H. Pk. 288 liens $24,997 .25
This is a total of $31 ,766 . 91 in delinquent taxes from
Mobile Home Parks.
Mr . Gary Estes of 518 Miss Ellie Cr . spoke about the
delinquent taxes , when he purchased his mobile home he found
that there were back taxes due . I had to pay these taxes
and the City worked with me. I would suggest to Council
that you foreclose or seize these properties, but please do
not de-annex this mobile home park.
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Mr . David Blankenship of 216 Sue Ellen feels that he can
help the city collect these delinquent taxes.
UPDATE AND PROGRESS REPORT ON LANDFILL CLOSURE ACTION AND
RESPONSE FROM TEXAS DEPARTMENT OF HEALTH ON CITY 'S
PRELIMINARY PROPOSAL AND REPORT FROM JONES AND NEUSE: The
State has agreed to Option 2 and 3 , however, the State
rejected construction of the road over the existing
landfill . In the next 30 days the City will have enough
monitoring data from the landfill monitoring wells to
present a closure plan to the State. It is yet to be
determined whether Option 2 or Option 3 will be a part of
that closure plan. Principal factor of importance is the
one that is the most cost effective. The Engineer ' s report
will be submitted on June 7 , 1991 on test data from
monitoring wells.
Mr . David Buchanan of Jones & Neuse, Inc. reported that the
State received a report that ground-water in the original
well system was measured and sampled , results were reported
to TDH, monitoring wells Nos . 7 , 8, 10 and 11 and
piezometers P-1 and P-2 were plugged . Also reported that
Piezometer P-3 and P-4 and the three new monitoring wells
were installed . One deep boring was completed to
investigate the Austin Chalk and was grouted to the surface,
also water levels were measured in all wells, new wells were
sampled and the bailer test was performed in one well and
boring logs for all wells completed during phase I were
drafted and submitted to TDH.
The Phase II investigation report will be submitted to TDH
by June 7 , 1991 and they will probably take one month to
evaluate the report and data. After this TDH will require
submission of a detailed closure plan . Mr . Buchanan stated
Jones and Neuse anticipates TDH will supply final
specifications for the landfill closure by July 31, 1991 .
PAYMENT OF CLAIM TO JONES & NEUSE FOR INVOICE NO. 03-028901-
027 , APRIL 1991 SERVICES ON THE LANDFILL CLOSURE: This
invoice is in the amount of $3 ,645 .10 for work on the
landfill closure. All new monitoring wells are in place and
samples have been taken and tests results are currently
being analyzed by the consultants . A motion was made by
Councilman Martin to approve payment of invoice no. 03-
028901-027 in the amount of $3 ,645 .10 to Jones & Neuse.
Seconded by Councilman Messenger . The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Davis - in favor,
Councilman Swartz - in favor, Councilman Martin - in favor,
Councilman Messenger - in favor , and Councilman Simmons - in
favor. This motion carried with all in favor .
FINAL APPROVAL OF REVISED PLAN FOR BROOKSHIRE ' S INC. TO GAIN
ACCESS TO STATE HIGHWAY 78 : After eight months of
negotiation the hospital and Brookshire' s cannot agree on
joint usage of the hospital driveway. Brookshire' s has
submitted a revised plan which calls for their own
individual drive next to but separate from the hospital
drive, and the State Highway Department has issued
Brookshire' s a new permit to proceed. There will be ten
ingress/egress points on Highway 78 within approximately 300
yards . Staff has recommended to Brookshire' s to conduct a
traffic study at their expense and present the data to the
State highway Department to prove a traffic signal is
necessary and required at this location for safety and to
move traffic . Brookshire' s has agreed to comply with this
at their expense. A motion was made by Councilman Simmons
to accept Brookshire' s letter agreeing to a traffic study
for signalization at their expense. Seconded by Councilman
Martin. The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tem Davis - in favor, Councilman Swartz - in
favor , Councilman Martin - in favor , Councilman Messenger -
in favor , and Councilman Simmons - in favor . This motion
carried with all in favor .
PROPOSED CHANGE ORDER NO. 2 , NEWPORT HARBOR F.M./LIFT
STATION IN ORDER TO PROVIDE ELECTRIC POWER TO LIFT STATION:
The purpose of this change order is to bring 3 phase
underground electrical power to the lift station for the
pump motors . The proposed change order amount by the
existing contractor is $9 ,145. TU is agreeable to bring
at their own cost, 3 phase power on existing wood poles from
FM 1378 1910 feet to a drop point on the alley north of
Anchor Drive. The City per its franchise agreement, would
have to provide the 700 foot connection between the lift
station and the last existing TU wood pole. The contractor
has completed laying the force main/gravity pipe and the
lift station equipment is in place. All the work remaining
is to bring power to the station, activate the electrical
equipment and perform the final inspection. A motion was
made by Councilman Simmons to approve Change Order #2 in the
amount of $9,145 . for electric power to lift station and to
enforce pro-rata to owner . Seconded by Mayor Pro Tem Davis.
The vote was as follows : Mayor Akin - in favor , Mayor Pro
Tem Davis - in favor , Councilman Swartz - in favor,
Councilman Martin - in favor, Councilman Messenger -
against, and Councilman Simmons - in favor. This motion
carried with five in favor and one against .
REPLACEMENT OF SPEED BUMPS IN ALLEY LOCATED AT BALLARD AND
STONEYBROOK, NORTH SIDE: The City of Wylie Street
Superintendent distributed 55 survey forms in the area of
this alley. The survey forms have been returned and 49
residents want the speed bumps put back in and only one
wants them to stay out . Upon Council directions, staff will
put the speed bumps back in with the following caution:
1 . the City should be very careful of placing objects in
public streets and alleys that cause or could cause damage
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to vehicles
2 . the City Council authorizes speed bumps in one alley
that could set a precedent, it leaves wide open to have to
place them in every alley in the City.
Mr John Pierrel of 604 Stoneybrook addressed the Council on
these speed bumps. Mr . Pierrel was against the speed bumps
being installed again.
A motion was made by Councilman Messenger to replace the
speed bumps in the alley located at Ballard and
Stoneybrook. Seconded by Councilman Swartz . The vote was
as follows : Mayor Akin - in favor, Mayor Pro Tem Davis -
against, Councilman Swartz - in favor, Councilman Martin -
against , Councilman Messenger - in favor , and Councilman
Simmons - in favor.
PROGRESS REPORT AND UPDATE ON FY91 COMPREHENSIVE STREET
IMPROVEMENT PROGRAM: When the entire area in and around
Brown Street and Jackson Street are completed the City will
have expended approximately $481,000 cash expenditures to
improve City streets and alleys. There has been a great
effort on upgrading the City streets in this years budget.
This $481 ,000 represents approximately 14 . 7 miles of City
streets and alleys that either have been recycled and --�.
asphalted or seal coated .
MAJOR DRAINAGE PROBLEMS THROUGHOUT THE CITY THAT WERE
IDENTIFIED IN AUGUST, 1990 AND PROGRESS REPORT ON PROBLEMS
ALREADY CORRECTED: There are 17 major drainage problems
that have been identified which are as follows :
1 . Rustic Oaks Subdivision - Drainage channel needs cleared
out - city is obtaining easements necessary to do this work
and should get started in July, 1991
2 . Kreymer & Brown Street - 54" underground pipe is
separating under the road - this problem was corrected when
Kreymer Lane was reconstructed
3 . Stonegrove Subdivision - continuous flooding on W. A.
Allen - water has been in three houses - staff is working
with several parties on this problem
4 . First Street - pipe separation and inlets are too small
for the amount of water in the area - this problem has been
corrected - cost was $4 ,600
5 . Stone Road at Rush Creek Lift Station - need larger box
culvert , water always goes over the road and must be blocked
off from a few houses - staff is working with Collin County
on this
c7
6 . 301 S. 3rd St . (alley) - alley needs to be reconstructed
to correct all drainage
7 . Graham Court - water from other areas concentrate in
back of one house and has washed down the fence before
8 . Akin Lane (next to Cemetery) - need to divert the water
to the other side of the road and go underground down fence
line - this problem was corrected with the reconstruction of
Akin Lane
9 . Memorial Drive - needs larger pipe or new box culvert
under the road
10. Need to take inventory of all culvert pipe and driveway
approaches - some need replaced and some need cleaned
11 . Skyview Rd. - very bad erosion on curve at East Fork
Park
12 . Intersection of State Hwy. 78 and Ballard - southeast
corner - this problem has been corrected - joint project
with State and City
13. Brown and Eubanks - has been completed
14 . W. A. Allen Area off school property - working with Mr.
Whitt and Mr . Tibbals
15 . Lake Ray Hubbard Mobile Home Park - the owners are
correcting this
16. Birmingham/Jackson - State Highway and Railroad project
and it has been completed
17 . 110 Douglas - drainage problem in alley - this has been
reviewed by the City Engineer and and there are several ways
to correcting this problem - estimated cost is from
$2 ,568 .25 up to $8 ,199 .00 depending on which way the Council
chooses
Mr . Joseph Masters of 110 Douglas addressed the Council on
this problem.
Council gave staff a directive to use the third solution -
cost of pipe is $368 .25 plus labor and equipment and to cut
estimated 3" V ditch approximately 300 ' total cost of the
project will be approximately $2 ,568 .25 and to do the work
when possible.
ACCEPTANCE OF FORMAL PROPOSAL FROM DELOITTE AND TOUCHE ON
COMPREHENSIVE AUDIT OF CITY OF WYLIE FINANCE DEPARTMENT
OPERATIONS: The firm of Deloitte and Touche has completed
their examination of the weakness and improvements that are
9
needed and necessary in the Finance Department. Their
report shows it is necessary for improvement in four
fundamental areas:
Internal Accounting Controls
Utility Billing System
Municipal Bond Compliance
Accounting Policies and Procedures
Deloitte and Touche proposes that the work will take
approximately 10 weeks and will have a fee as follows:
Internal Accounting Controls $16,000 - $21 ,000
Utility Billing System $18,000 - $30 ,000
Municipal Bond Compliance $ 5 , 000 - $ 7 ,500
Accounting Policies and
Procedures Documentation $22 ,000 - $32,000
This is a estimated total of $61,000 to $91,500 cost to the
city.
A motion was made by Councilman Martin to table this item at
this time. Seconded by Councilman Simmons . The vote was as
follows : Mayor Akin - in favor, Mayor Pro Tem Davis - in
favor , Councilman Swartz - in favor , Councilman Martin - in
favor, Councilman Messenger - against and Councilman Simmons
- in favor . This motion carried with five in favor to table
and one against.
APPROVAL OF CITY MANAGER ATTENDING THE TEXAS CITY MANAGER ' S
ASSOCIATION ANNUAL MEETING: The Texas City Manager' s
Association will hold it' s annual conference on June 14 -
June 18 in Corpus Christi . City Manager Bill Dashner
stated he would leave on Saturday, June 15 and return to the
office on Wednesday, June 19 , 1991 . A motion was made by
Councilman Simmons to approve the City Manager attending the
Texas City Manager ' s Association Annual meeting . Seconded
by Councilman Martin. The vote was as follows : Mayor Akin
- in favor , Mayor Pro Tem Davis - in favor , Councilman
Swartz - against, Councilman Martin - in favor, Councilman
Messenger - against, and Councilman Simmons - in favor.
This motion carried with four in favor and two against.
CITIZEN PARTICIPATION: Mayor Akin invited the citizens
wishing to address the Council to come forward at this time
and to state their name and address for the record and to
keep their comments within five minutes. Any discussion
will be limited to placing the item on a future agenda for
9
,. further consideration.
Mr . Joseph Masters - 110 Douglas addressed the Council on
the standing water in front of 108 and 110 Douglas Dr.
Mr . Steve Wright - 406 Stone St . - addressed the Council on
the Finance Report - Audit and Appeal to a law suit.
Mr . Gary Estes - 518 Miss Ellie Cr . - addressed the Council
about high weeds along FM 544
Mr . John Tobin - 1109 Hughes Ct . - addressed the Council to
work together and pull together for the best interest of the
City.
There being no other items for discussion, a motion was made
at 11 :30 P .M. to adjourn with all in favor .
/ ,�' -0_d
__ / ' / /
John W. AKin , Mayor
ATTEST :
4,-.1) '"_ceSOIF 1;1114"i°,,
C y o es C' t Secretary
sue-