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Min 04/17/2001 304 Wichita Falls, Texas Memorial Auditorium Building April 17, 2001 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock a.m. with the following members present: Jerry Lueck - Mayor Dan Shine - Pro Tern Arthur Bea Williams - Councilors James Esther, Jr. - Bill Altman - Johnny Burns - Harold Hawkins - Jim Berzina - City Manager Bill Sullivan - Acting City Attorney Lydia Torres - City Clerk Mayor Lueck called the meeting to order. Pastor Gary House, Trinity Presbyterian Church, gave the invocation. Item 3 Clean Community Commission Registry Awards for 2001 were presented by Mr. Jerry Vandiver to the following citizens. District 1: Mr. Ernest Seydel, 3301 Cumberland Tracy and Brent Anderson, 3408 Arthur District 2: Mr. Carlos Contreras, 1814 Lucile Mr. Horace Pope, 847 Elwood District 3: Louisanne and Robert Neal, 4517 University Mrs. Loretta Taylor, 2411 Merrimac District 4: Sybil and George Kruger, 1225 361h Street Mildred and Chester Hamilton, 2500 Marie District 5: Autavee and Charles Hartney, 4701 Gay Molly and Macario Castillo, 507 N. Beverly Mrs. Dorothy Rhone, Clean Community Commission Chair thanked the Council, the Commission, and all the citizens who take pride in keeping Wichita Falls beautiful. She congratulated the Registry Award recipients and thanked them for all their hard work. Mayor proclaimed the week of April 16-22, 2001 as "Community Development Block Grant Program Week" in Wichita Falls and urged all citizens to recognize the CDBG Block Grant Program and the important role it plays in our community. Mrs. Betty Brown with the North Texas Senior Citizens Services accepted the proclamation. She mentioned that the monies are for Meals on Wheels and will be used for a walk-in freezer. Mayor proclaimed April 29-May 5, 2001 as "Association of American Retired Persons Independent Living Week" in Wichita Falls and urged everyone to make a difference in the lives of older persons. Mary Ann Sherry accepted the proclamation and invited everyone to celebrate AARP Day at the Senior Zone on Monday April 23. 305 Item 3 continued Mayor proclaimed April 29- May 5, 2001 as "Special Olympics Week" in Wichita Falls. Item 4 John Kortbawi, 4412 York, wanted to know the City's change of mind on the hockey rink. He said that originally, the City had said that no taxpayer money would be spent building a hockey rink and now he understands that half a million dollars is going to be spent for the construction of another white elephant. Councilor Williams stated that she heard the announcement that was made and as part of the announcement persons who are raising funds for the MPEC Coliseum said they would continue to raise the additional funds for the rink. That was not a City announcement but was made by the people who are raising the funds for the coliseum. City Manager informed that when bids were taken one of the bid alternates was ice on the floor. If the MPEC Board can find a way and a need to do it they would try and work in that direction including raising the additional funds. There is a contingency in the project that could be used to pay for this once they complete the earth work. They did promise that they would not come back to the taxpayers beyond the financing plan which was $19,643,000. Councilor Altman informed that this was not an agenda item and Council cannot legally participate in an extended discussion. He informed that no City taxpayer dollars have been expended nor have there been any immediate plans that taxpayer dollars are going to be expended. He informed that because of the Open Meetings Act and the requirement to post an item 72 hours in advance, we can hear public comments but not get into an extended discussion. We can respond to Mr. Kortbawi at the end of the meeting under Council comments. Mayor disagreed and stated that they were only answering the citizen's questions and he did not think this item was being discussed. Councilor Altman raised a point of order and asked the Acting City Attorney for a ruling on whether this would violate the Open Meetings Act. Acting City Attorney stated that to the extent that Council is going to get into a discussion about past and future issues and since it is not posted on the agenda, it would not be proper for a somewhat lengthy discussion into that issue. Item 5 The Minutes were approved as distributed. Items 6a-8f City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Burns that the consent agenda be approved. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 306 Item 6a RESOLUTION NO. 35-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS IN SUPPORT OF INCREASED STATE FUNDING FOR COMMUNITY MHMR SERVICES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a Bid was awarded to Darr Equipment Company in the amount of $632,177 for the purchase of a D9 bulldozer. Item 8 Minutes of the following board and commission meetings were received. a. Construction Board of Appeals— February 26, 2001 b. Planning &Zoning Commission— March 14, 2001 c. Water Resources Commission— March 27, 2001 d. Clean Community Commission —March 19, 2001 e. Park Board—March 22, 2001 f. Traffic Safety Commission— March 7, 2001 Item 9a A proposed ordinance was presented authorizing a waiver to the payments in lieu of taxation requirement contained in the Cooperation Agreement between the City of Wichita Falls and the Wichita Falls Housing Authority for fiscal year 2001. Moved by Councilor Williams that proposed ordinance be passed. Motion seconded by Councilor Altman. Richard Schneider, Wichita Falls Housing Authority Executive Director, spoke in favor of this ordinance. He requested that Council waive this year's payment in lieu of the taxation obligation to the Housing Authority in the amount of$35,643. He explained that these funds would go toward the cost of establishing part of the Head Start Program at the Housing Authority. Councilor Hawkins wanted to know the percentage of the Housing Authority units being considered for Head Start. Mr. Schneider replied that he would be taking .6% (10 units of 634) of the units off rent for this program. Councilor Hawkins questioned the request for 100% reduction in the Housing Authority's payment to the City as opposed to the .6% actual usage for the Head Start Program. Mr. Schneider stated that when this proposal was presented to him it was the idea of being an integral part of the community. We looked at this as a business opportunity for the Housing Authority. Councilor Altman commented that presently the payments that we are talking about are payments in lieu of taxes. If we did not have this program in effect the Housing Authority would be paying in excess of $254,000 in real property taxes, and in lieu of that you are paying $35,000. How much are your reserves now? Mr. Schneider replied that the amount was $926,000, but he has a window that he must maintain. Although we are a government agency we are somewhat of a private agency. Councilor Altman stated that the purpose of reserves is to cover such items as this and you have $900,000 in reserves. We are in the middle of our budget year and you are asking us to change our budget and affect some programs that have already been budgeted by $35,000. 1 cannot support your request. Mayor asked if it was possible to change some of these and bring them back to Council. Councilor Hawkins commented that the Housing Authority pays a small portion of what would be the normal taxes for a normal businessman. You have a sufficient reserve, but if you 307 Item 9a continued run out of reserves you are going to come back to this board. Mr. Schnieder said he would not because you could not support that. Councilor Hawkins said that he is in favor of Head Start in the East Side, and he knows there are vacant units and this would put people in those units, but he cannot support the taking of$35,000 of City tax dollars for the Program. Councilor Burns remarked that it was already budgeted to be spent. Councilor Williams suggested bringing this back in a subsequent year where it has not already been factored into the budget. City Manager stated that if the Housing Authority does not experience federal cuts they are okay with the reserve they have, but not if it is cut $300,000 to $400,000. It seems this would be a wait and see opportunity. Council would have an opportunity to consider this next year if the Housing Authority experiences cuts . Councilor Williams said she had agreed in principal to this but not to a $35,000 City shortfall and she would be more inclined to look at it again where it has not been factored into the City's budget. It is not going to do the Housing Authority any good to grant it if the City is going to suffer the same shortfalls. You do not have to have anyone defend the Head Start Program; it is the best federal program ever thought of in my lifetime. I cannot agree to a $35,000 shortfall for the City. Councilor Esther stated that he could not support it because there are other items which need to be discussed later on. When we started Head Start in Wichita Falls it was a program that was all-inclusive. We had transportation for the kids transporting them from all areas in the City to a location where they could be serviced. By taking it and breaking it out like it is I am afraid we have taken an area and isolated it. Mr. Schneider explained that if you look at the time frame, we have very little time to get this done. Councilor Altman suggested that Mr. Schneider present his request to the Outside Agency Council sub-committee during the next budget process. Carol Marler, 1911 Granada, Elementary Director for the Wichita Falls Schools, provided history on the Head Start Program and spoke in favor of this ordinance. Councilor Williams mentioned that the WFISD owned the property at Redwood and Flood, Washington School, and asked if they had looked at that property. Mrs. Mader replied that they did but it was cost prohibitive. Ronnie London, 4404 Post Oak, Housing Authority Member and Director of Boys & Girls Clubs, spoke in favor of this ordinance. Councilor Burns responded to Mayor's concern about providing a program for these children. Councilor Burns explained that the program is going to continue; the question is just from where the money is going to come. The City has already contributed and it is not going to be a detriment. The Housing Authority will have to get the $35,000 from their $900,000 reserves. Councilor Hawkins called for the question. Motion failed by the following vote. Ayes: None Nays: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Item 9b ORDINANCE NO. 34-2001 ORDINANCE WAIVING SEC. 22-1(A) (2) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS FOR PARTICIPANTS ONLY DURING EVENTS BY THE WICHITA FALLS RC CLUB ON APRIL 29, JUNE 24, JULY 29, SEPTEMBER 9, AND SEPTEMBER 29, 2001 IN JAYCEE PARK; FINDINGAND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 308 Item 9b continued Moved by Councilor Hawkins that Ordinance No. 34-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9c ORDINANCE NO. 35-2001 ORDINANCE REVISING THE CHARGE FOR RESIDENTIAL CURBSIDE AUTOMATED SERVICE FROM $10.55 PER MONTH TO $9.05 PER MONTH; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 35-2001 be passed. Motion seconded by Councilor Shine. Neta Montgomery, 4723 N. Shore, representing the many citizens who use alley dumpsters and alley pickup, stated that they are happy with the dumpsters. She stated that in comparing the curb pick up and the dumpsters, the dumpsters would be less expensive than the roll-out. She said they should not have to pay more for the alley pick up and asked that those with alley pick up not be charged the extra fee every month. She asked that they all be treated fairly and the same. If one pays, everyone should pay. Mr. Bonnett concurred that the alley pickup was less expensive than the hand curb collection and that the curbside automation is lower cost per resident basis than alley collection. However, one factor not recognized is that about 37% more refuse is generated by the alley containers although it is not the resident's fault. He explained that automated collection is a one- person operation, however, during training we have two persons in the trucks. He concluded that the costs are higher for alley pickup. In addition, the alleys have to be replaced. Councilor Shine commented that according to the plan it would be better to do away with alley collection, however the citizens did not want to do away with alley collection although it would be less expensive for the City. That puts a cost on all the citizens. The choice is the citizens who have dumptsers/alley collection as to whether or not to convert to curbside collection. Councilor Esther stated that he has alley collection and he appreciates it and wants to continue with it. Councilor Burns asked if there was a system in place to request to convert to the curbside collection. Mr. Bonnett replied that such a system is not in place but it has been discussed as mentioned by Councilor Shine. That is something that Council may wish to give favorable consideration to. Councilor Burns suggested that if we had a system in place to request curbside collection, customers could get their discount at that point. Councilor Hawkins suggested appointing a three Council sub-committee to set the rules of conversion. Councilor Shine commented that some conversion has been done but the system is not completely in place. Mr. Bonnett concurred stating that there were four or five converted because those residents were in agreement. Councilor Altman suggested looking at current committees to see if it would fall within the rubric of one of the current committees and if not, appoint another sub committee for the purpose of preparing rules of conversion. Councilor Altman asked if an amendment was in order to the first sentence in Section 1 to make sure it is effective at the appropriate time regarding billing. Mr. Jim Dockery stated that it would be appropriate to make it effective after the first billing in June. 309 Item 9c continued Moved by Councilor Altman to amend Section 1 of the proposed ordinance by inserting the following wording: "effective with billings after June 1, 2001". Section 1 would read as follows: "SECTION 1: Section 17-19. Charges for City Collection - Prescribed; Sub-Paragraph (1) through (8), is hereby revised effective with billings after June 1, 2001, as follows." Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9d ORDINANCE NO. 36 -2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING ORDINANCE NO. 25-2001 TO REPLACE A CERTAIN POLLING PLACE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 36-2001 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9e ORDINANCE NO. 37-2001 ORDINANCE APPROPRIATING $120,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF A BUS UNDER THE SECTION 5309 CAPITAL REPLACEMENT PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 37-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9f ORDINANCE NO. 38-2001 ORDINANCE APPROPRIATING $205,000 FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED AND SEED PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 310 Item 9f continued Moved by Councilor Williams that Ordinance No. 38-2001 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10a RESOLUTION NO. 36-2001 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR ASSISTANCE UNDER THE DEPARTMENT OF JUSTICE WEED AND SEED GRANT PROGRAM AND TO EXECUTE ANY NECESSARY CONTRACTS INCLUDED IN THE APPLICATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 36-2001 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10b RESOLUTION N0.37-2001 RESOLUTION TO APPROVE THE CONTRACT WITH WILLIS, GRAVES AND ASSOCIATES, INC. FOR THE PHASE II WATER AND SEWER COST OF SERVICE AND RATE STUDY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 37-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10c RESOLUTION NO. 38-2001 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT TO FUND THE PURCHASE OF A 100-FOOT AERIAL PLATFORM APPARATUS UNDER THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM ADMINISTERED BY THE U.S. FEDERAL EMERGENCY MANAGEMENT AGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 38-2001 be passed. Motion seconded by Councilor Williams. 311 Item 10c continued Mayor, Councilors Williams and Altman stepped out of Council Chambers. Motion carried by the following vote. Ayes: Councilors Shine, Esther, Burns, and Hawkins Nays: None Mayor Pro Tern called a recess at 10:15 a.m. Council reconvened at 10:20 a.m. Item 10d RESOLUTION NO. 39-2001 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT FOR PURCHASE OF FIREFIGHTER TURNOUT GEAR UNDER THE ASSISTANCE TO FIREFIGHTER GRANTS PROGRAM ADMINISTERED BY THE U.S. FEDERAL EMERGENCY MANAGEMENT AGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 39-2001 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10e RESOLUTION NO. 40-2001 RESOLUTION TO ENDORSE AN APPLICATION TO THE WICHITA FALLS SALES TAX BOARD TO PROCEED WITH PROJECT APPROVAL FOR CONSTRUCTION OF A PUBLIC SAFETY TRAINING CENTER AND RELATED FACILITIES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 40-2001 be passed. Motion seconded by Councilor Hawkins. Mr. Robert Powers stated that Staff recommends that the services of McClaren &Wilson be retained as a consultant to stay with us through the project and to assist us in working with whatever architectural firm eventually is selected. The other part of the request is to ask the 4B Board for a dollar figure for the fire drill field. We are still working on cost estimates for that and if they are ready we will ask 4B Board at the same time, however, that will be a separate component. That would come back to Council for approval. Mr. Powers informed that the 4B Board anticipates having $4.2 million of unreserved funds at the end of September and next year we anticipate $2.5 million. He noted that before this project is completed we will be into March of 2003 at which time we will have another $985,000 based on current receipts this year. Uncommitted revenue strength between now and when this project is completed is estimated at a little over$7.5 million. The project for the training center building which will be located on Rosewood is estimated just under $4 million including design fees, site work, and furnishings. 312 Item 10e continued Mr. Powers clarified that the intent was to ask the 4B Board for project approval and a budget amount for the training center. Mr. Berzina commented that the 413 Board likes to know what it is that we are tentatively earmarking. He added that the 4B Board would be made fully aware that we are looking just for the building portion and the figures that we discussed today. Then after the bids are open and if it is shy of that, we would go back to the 4B Board, and then it would come back to Council. We have ample opportunity to discuss the price. Councilor Altman stated that he would like to see the 4B Board have a broad discussion of this whole concept including the retaining of the consulting firm and the input into the architectural firm. I do not want 4B to feel limited before they send a recommendation back to us. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 1Of A proposed resolution was presented to endorse an application to the Wichita Falls Sales Tax Board for consulting and design services for public safety communication systems. Moved by Councilor Hawkins that proposed resolution be passed. Motion seconded by Councilor Williams. City Manager stated that this is another project we want to send to the 4B Board. Councilor Hawkins commented that this money was just for the study. Mr. Robert Powers provided background information on the 1998 Study which was limited to two-way radio communications and public safety. It was a two-phase contract. Phase 1 was a needs assessment and making a conceptual recommendation. Phase 2 was the system design and was never implemented because the City decided at that time to stop. That is where we are today in proceeding with this project. The City paid $25,000 for Phase 1 three years ago. The fee proposal is $276,000 which covers three separate components and the radio portion would be a third of that fee. The other two components that can be budgeted or contracted separately are the Computer Aided Dispatching System which has a records management component and the third is the mobile data technology. We do not have any mobile data technology at this time. Robert Powers stated that the reason we were hesitant to proceed was because other cities were experiencing problems with their systems related to being in the 800 MHz. We learned that the problem has been in the user design of the system. Coverage is very important when designing a system. He mentioned other problems that cities were experiencing and the need for a consultant. He pointed out that with a consultant we would get a neutral design and neutral turnkey project. We are asking that you incorporate radios, Computer Aided Dispatching function, and mobile data technology into one master plan. Whether we procure all systems at once, phase them, or however we approach it; we will at least have one master plan as to how they all interrelate. He provided additional advantages to having a neutral consultant. Mr. Powers informed that three years ago there were three primary vendors, and noted that it is a limited field. Councilor Hawkins left the Council Chambers. Councilor Burns wanted to know why the manufacturer could not design it. Mr. Powers replied that they can, but will they give you the best price. Councilor Shine expressed concern that this information was not more timely. He suggested scheduling a worksession to work on this. He did not see what advantage the City was getting for a quarter of a million dollars because the vendor in turn has to go to the manufacturer. Maybe we need to go to the single source and then turn to the consultants for advice. It seems we need to have Motorola as the basis. 313 Item 10f continued Mr. Powers elaborated on the three phases. Of the $276,000 one third (40%) is for designing the radio system; the other two thirds (60%) is to look at the Computer Aided Dispatch System which is totally separate from the radio system, and also for designing the RFP for the mobile data. Whether done in phases or all at once, we need to have a master plan and this gets us there. We can do Phase 1 of the Computer Aided Dispatching study and the mobile data and tell RCC we are not ready to go out for bids, but at least we would know what is out there and how that would relate to a new radio system. Councilor Shine felt that we needed to be ready to go out for bids. We have to have the money found, whatever that figure is, and it has to be done one time and not drag our feet in doing this. This is very serious and of such magnitude that we should have held a worksession with all the pertinent data. City Manager stated that a worksession could still be scheduled. This is to bring it to your attention and direct us what steps you want to take, work study, etc. We have been waiting for the financial capability to move ahead. If this study is authorized and whether they do bonds or cash basis, we would tell the 4B Board that we are going to finish it. We are at the point that in good conscience we can go to the 4B Board and say you can afford to do both of these projects - public safety and dispatch communications. You may have to issue bonds to do part of it but not to do it all. Councilor Shine suggested going to the 4B Board to see if it is timely to spend approximately $5 million and in the meantime hold a worksession on it. He was not against the study but he did not think we could afford to have a study that takes six months and then go to 4B and ask if they have $5 million to do this. Are we in a position to do that? Mr. Powers explained where the study came in. We want to look at Computer Aided Dispatching System and mobile data technology. In terms of purchasing, we do not have the expertise to select what is needed. This is not sole source equipment; there are other vendors out there. He said that a combined workshop with 4B could be set up. Councilor Shine said that it is either tabled or we go forward and find out where 4B stands. Councilor Williams stated that what she is hearing is that it is almost going to end up sole source because there are only three sources out there who would be supplying all or part of what we need. What I want is that if ends up sole source that it is the best for the citizens, that it is the best communication system for a multitude of time, and that the best services come from the best provider in the industry. Mayor asked that if it is the sole source would they perform the study since they are the only source. Councilor Shine said he did not know since this hit us so quickly. City Manager stated that that is why we are recommending the study. We need to produce a study of what is needed not necessarily the design but at least the study part so we know it is compatible with the first part. We are not just taking what some salesman says in the way of a system. We feel more comfortable saying let's have a professional design firm tell us what we need. Councilor Esther felt we needed an expert to rely on when this system is developed that it is a type of system that is going to meet the future needs of our police and fire departments. Councilor Shine commented that if Motorola is what we need, their engineering firm can conduct the study. Why can't we let the manufacturer of the system we want tell us what we have to have and if we need to have a consultant, then obtain one. Mr. Powers commented that this came up three years ago before we hired RCC. Motorola had contacted someone on the Council and they said they would do the study for free and we had a meeting. It was free if you signed a contract to purchase the system so it was not really free. The other thing is RCC will design an RFP for us which will allow a lot more negotiating leverage. Council felt that we needed to go through an RFP putting in there what the departments need. Chief Coughlin stated that they know what they need to have accomplished with the system but not as far as components integral to that system. We did go and visit other cities that have been where we are now. Some cities that purchased the 800 MHz liked it and it worked and some did not. We do not have the expertise to tell you about all the integral parts; this gets to be very complicated if you do not have some expert guiding your hand. We need to 314 Item 10f continued be cautious because this is a system that will last us for another twenty years. This is not something you do overnight. There are some cities that have gone sole source and it may or may not be what you need. It may not be the optimum. We are interested in getting the best we can for the City's monies. Other cities have had difficulties with the implementation making sure it works once they get it in. We want one job, one time, done right. Councilor Shine was concerned that the RFP for the consultant may now be outdated because of modern technology advances. Mr. Powers stated that Staff felt they had a continuing contractual relationship with RCC. We did the references at the time and they have helped us to this point. Councilor Altman stated that we do not have a continual contractual relationship with RCC. We are talking about a project that RCC described having three phases. In 1998 we commissioned for$25,000. Under Phase 1 they did a needs assessment for the City and they looked at a radio system, a Computer Aided Dispatch System (CAD System), and a mobile data system. They also made some cost estimates and also talked about the 911 system. There are basically three phases - Phase 1: Needs Assessment and Phase 2: Design, which we are talking about today, but, it is more than design. What they are proposing in this agreement is the review of the 1998 Needs Assessment and the Needs Assessment for the radio system, the Computer Aided Dispatch system, and the mobile data system. They are actually proposing to do the complete package. Then they say there will be a Phase 3 to supervise the installation and implementation. I still have other concerns such as in 1998 we probably got what we paid for in that study. Also, they seem to have been a little careless in their report. One of the things we have heard is the difficulty some communities had in the implementation of the 800 MHz system. I am convinced that at some level we do need some outside consulting. RCC lists some 30 cities that have implemented or are in the process of implementing the 800 MHz system. I have a feeling that some of those cities that had implementation problems with the 800 MHz system were probably designed by RCC. I would like some investigation into those 30 cities that RCC lists and find out what the problem was, if they had a consultant, and who that consultant was. Chief Coughlin said that they could do that. Councilor Altman felt that at some level we are going to need some consultants. I have a problem that there has not been adequate background work into RCC's prior history and problems that they have had. I have a discomfort level at this point. City Manager suggested that a Council committee of three be appointed and Staff will cover all these concerns. He commented that he did not know if financially the 4B Board was ready to do both projects. I would recommend to the 4B Board that they do a large portion of this project; cash finance the public safety buildings and the training facilities. They can do that and have some left over. I can discuss these suggestions with the 4B Board. Councilor Altman suggested that a sub-committee be appointed at the next meeting and take thirty days to look into this. We need to change the communication system but we just want to be comfortable with what we are doing. City Manager commented that we could have 4B assume that this is coming on the heels of the public safety training facility and we can discuss the financing with them. If they say they are not going to recommend a project unless we can pay cash then we might as well stop the communication for another year or two when they have the cash. Mayor suggested appointing a sub-committee after the election because we do not know who is going to be on the Council. Councilor Altman suggested that they discuss that informally amongst themselves as to who wants to be on this sub-committee. If we look at one of the positions on the ballot we would want to wait until after the election, but if we decide that there are people that are not running for election that would satisfy the needs of that committee we could do it on May 1. Councilor Altman suggested that procedurally this proposed resolution not be tabled but defeated and be brought back later. Motion failed by the following vote. Ayes: None Nays: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Burns 315 Item 10f continued Council will notify the City Manager when to place the appointment of the Council sub- committee on the agenda. Item 10g RESOLUTION NO. 41-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS EXPRESSING SUPPORT TO THE TEXAS STATE LEGISLATURE FOR THE LOAN STAR LIBRARIES INITIATIVE OF THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO SECURE ADEQUATE FUNDING FOR DIRECT STATE AID TO TEXAS LIBRARIES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 41-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Burns Nays: None Item 10h RESOLUTION NO. 42-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS REQUESTING THE COMPLETION OF KELL FREEWAY (US 82/277) AND THE CONSTRUCTION OF THE US 82/277/287 INTERCHANGE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 42-2001 be passed. Motion seconded by Councilor Esther and carried by the following vote. Councilor Altman stepped out of Council Chambers. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, and Burns Nays: None Councilor Shine stepped out of Council Chambers. Item 10i RESOLUTION NO. 43-2001 RESOLUTION ACCEPTING AN UPDATE TO THE TENANT RENOVATION PLAN SUBMITTED BY THE ARTS COUNCIL FOR PROPOSED RENOVATIONS TO THE FORMER KEMP PUBLIC LIBRARY BUILDING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Resolution No. 43-2001 be passed. Motion seconded by Councilor Williams. 316 Item 10i continued Mrs. Lynn Purtle presented the plans for the proposed renovation and updated Council on their progress. Mrs. Purtle requested that they be allowed to proceed with the last phase of the construction. Councilor Altman returned to Council Chambers. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, and Burns Nays: None Item 11 a RESOLUTION NO. 44-2001 RESOLUTION ACCEPTING AND/OR REJECTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING EXECUTION OF DEEDS TO CONVEY TITLE; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 44-2001 be passed. Motion seconded by Councilor Altman. Councilor Shine returned to Council Chambers. Mr. Dave Clark requested that Section 2 be amended to include 307 Bonner as rejected. Moved by Councilor Altman that Section 2 be amended to reflect the bid of parcel#1, 307 Bonner, as rejected. Motion seconded by Councilor Shine. Councilor Altman suggested looking into listing the properties such as these on the City's website. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Burns Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Burns Nays: None Item 11 b Moved by Councilor Altman to reject the bids for the 72" front mount Rotary Mowers. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Burns Nays: None 317 Item 12a Councilor Shine thanked the transportation personnel who work the bus system. He commended them for their service to the citizens. Councilor Burns mentioned that this was Disability Awareness Week and in celebration Council has participated by using crutches, eye-patches, etc. Councilor Altman mentioned the disability that he was participating in and stated that it had made him more aware of how an impairment can affect you on a day to day basis. He said that this gives you appreciation of something we sometimes overlook. Councilor Altman requested a report on the Kell Project at the next Council meeting. Councilor Altman suggested having a workshop early in the budget process on City employee pay and benefits and a structure to consider directing more attention to that. It would be a comprehensive review of the City's employee benefit package. Councilor Esther said he would like to continue having town hall meetings to keep the public informed and to prevent any misunderstanding as to what the City is about. Councilor Williams stated that her disability was being hearing impaired. She felt that the people who are hearing impaired do not get enough attention. She invited everyone to participate in the Clean Community Clean Sweep Week April 28. Mayor commented that there were a lot of illegal political signs out. He asked that candidates check on their signs to make sure they are not illegally posted. Item 12b City Clerk provided election dates and information. Mr. Jim Dockery provided an update on the bank-drafting pilot. He informed that it will be available in August and it is expected to be a free service. City Manager informed that in replacing the Fire Chief an assessment was made and there seems to be a possibility that the replacement can be made from within the Fire Department. He will restrict recruiting from within the Fire Department, but if necessary he will go outside the Department. City Manager expressed appreciation to retiring Fire Chief Ronnie James for his 14 years of service to the City and its citizens. Mr. George Bonnett mentioned that on April 28 they will be giving away compost material at the sanitary landfill at no charge. Acting City Attorney informed that they are looking into the possibility of allowing citizens to contribute money to help low income or other persons struggling to pay their water bill. Mr. Dave Clark informed that April 18 at 8:30 a.m. Kimley-Horn &Associates, Inc., will present their research and findings from their recently completed Wichita Falls Traffic Operations Study. Item 12c City Council went into Executive Session at 12:15 p.m. as authorized by Section 551.071 and 551.074 of the Texas Government Code. City Council reconvened at 12:30 p.m. Item 12d Moved by Councilor Shine to appoint Mr. Kerry Maroney to the Water Resources Commission, with term to expire12/31/2002. Mr. Maroney will replace Fred Stangl, Place 3. 318 Item 12d continued Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Burns Nays: None Item 12e City Council recessed at 12:35 p.m. to reconvene at the Kemp Center, 1300 Lamar. City Council reconvened at 12:45 p.m. and toured the Kemp Center. City Council adjourned at 1:15 p.m. at the Kemp Center. PASSED AND APPROVED this _day of 4AA, 2001. LIVO �IEERKY LUECK MAYOR ATTEST: i Lydia Torres City Clerk 1 1 1 NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, April 17, 2001 , Beginning At 8:30 a.m. City Council: Mayor Gerald Lueck - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Harold Hawkins 1 . Call to Order. 2. Invocation: Pastor Gary House Trinity Presbyterian Church 3. Presentations: Clean Community Commission 2001 Registry Awards 4. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) 5. Approval of Minutes CONSENT AGENDA 6. Resolutions: a. Resolution In Support Of Increased State Funding For Community MHMR Services. (City Council Bill #76) 7. Award of Bids: a. Award Of Bid For The Purchase Of A D9 Bulldozer To Darr Equipment Company In The Amount Of $632,177. City Council Agenda Tuesday, April 17, 2001 Page 2 8. Receive Minutes: a. Construction Board of Appeals — February 26, 2001 b. Planning & Zoning Commission — March 14, 2001 c. Water Resources Commission — March 27, 2001 d. Clean Community Commission — March 19, 2001 e. Park Board - March 22, 2001 f. Traffic Safety Commission — March 7, 2001 REGULAR AGENDA 9. Ordinances: a. Ordinance Authorizing A Waiver To The Payments In Lieu Of Taxation Requirement Contained In The Cooperation Agreement Between The City Of Wichita Falls And The Wichita Falls Housing Authority For Fiscal Year 2001 . (City Council Bill #77) b. Ordinance Waiving Sec. 22-1(A) (2) Of The Code Of Ordinances To Permit Vehicles On The Grass For Participants Only During Events By The Wichita Falls RC Club On April 29, June 24, July 29, Sept 9, And Sept 29, 2001 In Jaycee Park. (City Council Bill #78) c. Ordinance Revising The Refuse Charge For Curbside Automated Collection. (City Council Bill #79) d. Ordinance Amending Ordinance No. 25-2001 To Replace A Polling Place. (City Council Bill #80) e. Ordinance Appropriating $120,000 From The Texas Department Of Transportation For The Purchase Of A Bus Under The Section 5309 Capital Replacement Program. (City Council Bill #81) f. Ordinance Appropriating $205,000 From The U.S. Department Of Justice For The Weed And Seed Program. (City Council Bill #82) City Council Agenda Tuesday, April 17, 2001 Page 3 10. Resolutions: a. Resolution Authorizing The City Manager To Apply For Assistance Under The U.S. Department of Justice Weed And Seed Grant Program And To Execute Any Necessary Contracts Included In The Application. (City Council Bill #83) b. Resolution To Approve The Contract With Willis, Graves & Associates, Inc. For The Phase II Water And Sewer Cost Of Service And Rate Study. (City Council Bill #84) c. Resolution Authorizing The City Manager To Apply For A Grant To Fund The Purchase Of A 100-Foot Aerial Platform Apparatus Under The Assistance To Firefighters Grant Program Administered By The U.S. Federal Emergency Management Agency. (City Council Bill #85) d. Resolution Authorizing The City Manager To Apply For A Grant For Purchase Of Firefighter Turnout Gear Under The Assistance To Firefighters Grant Program Administered By The U.S. Federal Emergency Management Agency. (City Council Bill #86) e. Resolution To Endorse An Application To The Wichita Falls Sales Tax Board To Proceed With Project Approval For Construction Of A Public Safety Training Center And Related Facilities. (City Council Bill #87) f. Resolution To Endorse An Application To The Wichita Falls Sales Tax Board For Consulting and Design Services For Public Safety Communication Systems. (City Council Bill #88) g. Resolution Expressing Support To The Texas State Legislature For The Loan Star Libraries Initiative Of The Texas State Library And Archives Commission To Secure Adequate Funding For Direct State Aid To Texas Libraries. (City Council Bill #89) h. Resolution Requesting The Completion Of Kell Freeway (US 82/277) And The Construction Of The US 82/277/287 Interchange. (City Council Bill #90) 10. Resolutions (cont'd): City Council Agenda Tuesday, April 17, 2001 Page 4 i. Resolution Accepting An Update To The Tenant Renovation Plan Submitted By The Arts Council For Proposed Renovations To The Former Kemp Public Library Building. (City Council Bill #91) 11 . Award of Bids: a. Resolution To Accept And/Or Reject Bids For Certain Parcels Of Excess Real Property And Authorizing Execution Of Deeds To Convey Title. (City Council Bill #92) b. Motion To Reject Bids For 72" Front Mount Rotary Mowers. 12. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: (1) Briefing By City Attorney Regarding Status Of Pending Litigation, City Of Denton V. TXU Electric, Cause No. 009383; As Authorized By Section 551 .071 Of The Texas Government Code. (2) Deliberate The Appointment To The Position Of City Attorney As Authorized By Section 551.074 Of The Texas Government Code. d. Appointments to Water Resources Commission. e. Recess and Re-convene at 1300 Lamar To Tour The Kemp Center. (Note: Meeting will re-convene at 1300 Lamar for purposes of touring the Kemp Center and will adjourn at that location upon conclusion of the tour.) 13. Adjourn. City Council Agenda Tuesday, April 17, 2001 Page 5 Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 20 at o'clock (a.m.)(p.m.). City Clerk