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Min 02/17/1998 110 Wichita Falls, Texas Memorial Auditorium Building February 17, 1998 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: Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - JW Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Reverend Charles Paulson, Our Redeemer Lutheran Church. Mayor Yeager proclaimed Tuesday, March 3, 1998 as "Taste of the Town Day" in Wichita Falls. Mayor congratulated the Restaurateurs for this event and extended gratitude for the public service they perform in conjunction with the Red Cross. Mr. Jack Mezzo, Red Cross Director, and Mr. Greg Stockton, President Restaurant Association, accepted the proclamation. Mayor Yeager proclaimed Saturday, February 28, 1998 as "National Trio Day" for the Upward Bound Program in Wichita Falls. This is a nationally funded program for high school students designed to prepare them for college and is one of the five trio opportunities offered to low income students. Item 3 Gary Patrick, 3100 Hamilton, Wichita Falls Park Board Chair, informed that the Board reviewed the City's recreation needs which they felt have not been addressed. The Board asks that the Council consider addressing the senior citizens' need for an adequate facility. Mr. Patrick provided preliminary figures provided by Potter, Sims, Bundy & Young Architects totaling $900,000 to expand the Senior Zone on the second floor of the new Library. On behalf of the Board Mr. Patrick requested that Council consider their proposal. Al Norris, 3706 Cumberland, member of the Senior Zone, supported Mr. Patrick's comments and invited Council to visit their facility, and to consider the proposal. James Cason, 5222 Kingston, supported Mr. Patrick in the proposal to expand the Senior Zone at the new Library. J.C. Boyd, former mayor, asked that Council keep these considerations in mind for the senior citizens. Item 4 The Minutes were approved as previously distributed. 111 Items 5a-6c Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 5a RESOLUTION NO. 19-98 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE WICHITA FALLS METROPOLITAN YMCA FOR LICENSE TO USE BALLFIELDS IN KIWANIS AND JAYCEE PARKS FOR THEIR SUMMER PROGRAM Item 5b RESOLUTION NO. 20-98 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WILTH THE NORTH TEXAS OFFICIALS ASSOCIATION TO PROVIDE OFFICIATING SERVICES FOR SPORTS LEAGUES Item 5c RESOLUTION NO. 21-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 6a-6c Minutes of the meeting of the following boards and commissions were received. a. Planning and Zoning Commission, January 14, 1998 b. Planning and Zoning Commission, December 10, 1997 c. Wichita Falls Traffic Safety Commission, November 5, 1997 Item 7a ORDINANCE NO. 13-98 ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND FROM THE STATE OF TEXAS TELECOMMUNICATIONS INFRASTRUCTURE FUND, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT ACCEPTING THE AWARD Moved by Councilor Shine that Ordinance No. 13-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 112 Item 7b ORDINANCE NO. 14-98 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROPRIATING $24,070 IN FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE EMERGENCY MANAGEMENT ASSISTANCE PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 14-98 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7c ORDINANCE NO. 15-98 ORDINANCE MAKING APPROPRIATION TO THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Thompson that Ordinance No. 15-98 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8a A proposed resolution was presented to determine the policy for administration of lease lots and public shoreline property, not part of leased lots, at Lakes Arrowhead and Kickapoo. Moved by Councilor Daniel that proposed resolution be passed. Motion seconded by Councilor Johnston. Councilor Martin felt that this should be tabled until the next meeting in order to have an opportunity to digest all this information. Moved by Councilor Martin to table this resolution until next Council meeting. Motion seconded by Councilor Shine. Councilor Shine agreed with Councilor Martin for the purpose of determining whether to re-lease lots. He stated that this policy includes the garden lease which was not discussed by the committee. We need to set a policy of whether to continue to lease lots out there. Mayor clarified that the Committee did discuss the garden lease for Lake Kickapoo. Lease holders out there were in favor of the garden lease. A secondary issue was the property between current leases which is cut by a road away from additional property that extends down to the Lake. This particular part was discussed in relation to Lake Kickapoo and has total support of the three Council members on the Committee, as well as the residents and lease holders from Lake Kickapoo. 113 Item 8a cont'd. Councilor Shine stated that he would like to discuss the possibility of re-leasing lots on both lakes, and to set a policy on that. He would like to do this in order to put the issue to rest of whether to re-lease and lease lots on both lakes. He wanted to make this discussion a part of the motion to table. Mayor stated that the direction was obviously to go back to the committee to discuss re- leasing lots, and we will do that and place it on the agenda the first meeting in March. Councilor Hawkins commented that he would prefer to get these people satisfied and approve this resolution, then come back with the same or another committee to discuss the leasing of additional lots at our lakes. We don't even have a survey of the lots on Lake Kickapoo and there are some major stumbling blocks. I would like, if possible, to get this approved so that the residents out there know where they stand. Motion to table carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin, Nays: Councilor Hawkins Mayor informed Councilors Daniel and Hawkins and the Staff that we will try to schedule as many meetings as necessary to discuss this issue and have it back before the Council the first meeting in March. Councilor Daniel suggested that this be discussed by the Council as a whole in a worksession. Mayor clarified that Councilor Daniel was suggesting that Staff come forward with recommendations that will be attached to this particular item and we will discuss it at the next meeting. Councilor Thompson suggested that in order to refresh their memories, they be provided with minutes relating to this subject, including EPA requirements. Councilor Daniel suggested that the Council also be provided the Lake Committee report. Mr. Clark clarified that the committee that is making this recommendation has gone over all the EPA ramifications and that is part of the current recommendation. One issue that has not been dealt with is the question of whether to re-lease any lots. Mr. Clark informed that this proposal includes four different types of leases: the regular lease for the property, a remote lease which clarifies properties that have docks, etc., that are not immediately adjacent, an accessory lease which covers property across the street when separated from the lake by a street, and the garden lease. The fifth type would be whether or not to re-lease lots, which is an open question. Item 8b RESOLUTION NO. 22-98 RESOLUTION TO AWARD BID AND CONTRACT FOR KEMP BLVD. (KELL TO CALL FIELD) WATER LINE RELOATION PROJECT Moved by Councilor Johnston that Resolution No. 22-98 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 114 Item 8c RESOLUTION NO. 23-98 A RESOLUTION APPROVING A TEMPORARY ALCOHOLIC BEVERAGE PERMIT FOR A FUND RAISING EVENT LOCATED WITHIN A LIMITED COMMERCIAL ZONING DISTRICT AT 2120 SPEEDWAY, WICHITA FALLS, ON FEBRUARY 28, 1998; 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. 23-98 be passed. Motion seconded by Councilor Martin. Mayor was concerned with the proximity of the Ben Franklin School and Fain Presbyterian Church where this permit would be used, and how the liquor laws addressed this issue. City Attorney stated that Council has the authority to waive that requirement. On a temporary permit you do not have the complete prohibition that you would have with permanent locations. The action you are being requested to make this morning is appropriate. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9a Moved by Councilor Martin that bid be awarded to Crane Carrier Company in the amount of$165,974.00 for the purchase of two 60,000 GVW cab and chassis. Motion seconded by Councilor Hawkins. Mr. Robert Parker explained that these bids had been reviewed pretty heavily between traffic and sanitation. We had four meetings on the 20 inch side entries. Almost all of our two- man packers are 20 inch entries and last year's automation trucks were also 20 inch entry or below because of people climbing in and out of them, which seems to be our biggest problem. We put the specifications together and one of the company's request for an approved equal requested a 43 inch entry cab and we disapproved that. We were very specific in the disapproval and sent the addendum back to everybody. The two Mack companies which were low bidders, make a low entry cab specifically for refuse use, did not bid the cab. They bid a standard type cab with about a 40 inch climb up. Councilor Shine and Councilor Johnston were concerned that four vendors had been turned down. Councilor Johnston felt there was some communication problem, when vendors take the time to put in a bid for over $150,000 and four out of five do not meet specifications. Mr. Parker informed that they had all attended the pre-bid conference and this was specifically sited to them as a pre-bid item. The 20 inch cab entry was a requirement and it was in the bid packet as well as in the addendum. They were told three times that we wanted a 20 inch cab entry, and they did not bid it. Councilor Daniel asked if it would be prudent to go back to these companies to re-bid it. Mr. Parker replied that is an option which Council has and it is Council's decision. Mr. David Lehfeldt informed that he had contacted several of the dealers. The local Mack dealer commented to Mr. Lehfeldt that the one they bid before had been fine in the past, why would the same bid not work this year. Mr. Lehfeldt sensed that the dealers felt they were the ones who built the trucks and they knew what we needed as opposed to the fact that we use them and we know what we need. I believe they were not thorough in what they did, but they decided if it had been good enough in the past it would be good enough now. The Volvo people basically did not know their truck fleet and the salesman did not know what he was doing and did not know his product. I do not know why the Dallas Mack people did not bid it. 115 Item 9a cont'd. Councilor Martin felt that since the vendors had been told three times about the pre-bid item, it would be a disadvantage to Crane Carrier Company if we re-bid. He felt the Staff had covered their tracks pretty well in that this specification is what we need. Motion failed by the following vote. Ayes: Mayor Yeager, Councilors Daniel, and Martin, Nays: Councilors Johnston, Shine, Thompson, and Hawkins Item 9b Moved by Councilor Martin that bid be awarded to Hodges Truck Center in the amount of$152,313.40 for two 52,000 GVW truck tractors. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10a Discussion of and authorization for pursuing possible refunding of outstanding Texas Water Development Board Bonds. Mr. Murphy Davis, #22 Chateau Court, City's Financial Advisor, informed that as interest rates decline we like to look at our current outstanding debt to reduce the cost by refunding some of the outstanding debt at a lower interest rate. We have looked at a number of these things and there is one particular issue which has a degree of urgency to it; it is the outstanding debt with the Texas Water Development Board, Series 1990 A. It is currently at 5.5% cost; the total size of the outstanding bonds is $21.5 million. We are in the middle of an application process for the funding on approximately $8 million and that is a side issue and is not what I am discussing this morning. To update you, we have a 1996 Bond issue that is also outstanding with the Texas Water Development Board. If this application goes through, the City would have a 1990 Series, a 1996 Series, and a 1998 Series. We were looking at different refunding options and received a call from an underwriter who had been asked to bid on serving as the underwriter for the Texas Water Development Board to refund their outstanding bonds. In 1989 or 1990 the Texas Water Development Board refunded bonds, and the ruling from the IRS and Bond Counsel was that after the Texas Water Development Board refunded their bonds, anyone else who has borrowed money from the Texas Water Development Board would not be able to refund their bonds at that point. Dane Rauscher is the underwriter who called to inform us about the Water Development Board's refunding and that they may be doing the refunding as early as March. If that is the case the Water Development Board has talked about passing along some of the savings that they may approve in a refunding to municipalities that are borrowers. The rest of the savings would go to helping fund future finances at lower costs. However, if there are savings to accrue directly to City of Wichita Falls on their outstanding bonds, I think we should do our own refunding and have those savings accrue to the people of Wichita Falls directly, only for the amount of dollars we have outstanding with them. Those savings should accrue to our community rather than just a portion. There is a possibility for us to do a refunding of the 1990 Series with substantial savings. As I have mentioned to you before, if we cannot accrue at least a 3% present value savings on our monies we should not do the refunding. In this instance if it is 3% or 2.5% we should refund, for the savings. I need some authority to pursue this and go forward with it to look at the numbers and see what the timing would be. I would then come back to the Council for formal direction on the refunding. 116 Item 10a cont'd. Mr. Davis mentioned that they could work with anyone on the underwriting, and since Mr. Dane Rauscher was the one who brought the timing potential problem, he suggested that they be included in the underwriting and as one of the senior underwriters. Mr. Davis stated that he has not made any commitment on behalf of the Council and has not suggested anything other than he would mention it to the Council. As a secondary consideration, the 1992 MPEC Certificates of Obligation are at levels that are higher than where current interest rate levels are, but I do not think that there is such timeliness that we should proceed with all reckless abandon and make sure we get it done. But it is out there and it is roughly $3 million, and there could be some savings in restructuring. In all of these instances, unless Council directed me differently, we would look at any restructuring of debt come due at the same time period that we already have, it is just a reduction in the interest rates. The negative of it is that you may only do a pre-refunding once. You can do a current refunding as many times as you want to if it is callable at that time. These will be currently refundable in August or September, 1999, and you cannot do another advance refunding. But, in this instance on the Water Development Bonds, we may not be able to do it if they do their own refunding. Nevertheless, I think the Water Development Bonds are the ones that need immediate attention. City Manager stated that one of the reasons this was placed on the agenda today was that we felt we needed to get some kind of action started to protect this issue. If it is disadvantageous for us to proceed on our own we can always go back to the other way. Also, they may ultimately be able to offer less rate for borrowing and the way they are accomplishing that is taking from those who have already issued money, taking the savings from those communities and entities and passing it on to a wider spectrum that may or may not borrow money from them. He commended Mr. Davis for always being on that edge for us and watching out for the City's investments. After several comments from the Council, the Mayor stated that the consensus was to proceed. Moved by Councilor Martin to authorize Mr. Murphy Davis to proceed and look into all aspects of this bond refunding and to leave it to his discretion to determine the bond counsel. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10b Councilor Hawkins commented on the fact that we received a positive comment in the letters to the editor on our automated garbage collection. Councilor Martin hopes that Chief Schlieper and the Sheriff can get together very soon to work out the problem of booking in prisoners. Councilor Johnston asked for an update report on the animal control moratorium in the annexed areas. Mr. David Clark explained that the notice response forms were sent out to all the people in those areas and they have been returned to the Health Department, therefore, the Health Department will be the ones to report on that. Mayor reported that last Thursday a group, including herself, went to Austin to testify in a public hearing on the priority corridor system. All gave testimony in support of the corridor system, and as of the time we left there only one group had testified in opposition. We came home hopeful of the Staffs recommendation to TXDOT. If the recommendation is positive and is accepted by the Highway Commission, the next step is that it will be included in the Uniform Transportation Plan sometime in May or June. It sounds very positive at this time and we will keep Council advised of any additional information. 117 Mr. Murphy Davis informed that the 1996 bond issue is at such a low level that we cannot save any money on it so that is the reason we are only looking at the 1990 bond issue and not the 1996 issue. Item 10c City Manager informed Council that he was placing information in their boxes regarding his meeting with the WFISD Superintendent, the Athletic Director and Rick Chandler from the Golf Course, as well as a four month revenue report on the golf course. Mr. Robert Parker gave a brief presentation on the new siren system. Mr. Robert Parker provided information on the alleged speeding on Speedway between Holliday and Harrison. After a study was made of that area the conclusion was that Speedway was a below average street for incidents of speeding. The street between Holliday and Harrison is well marked with speed limit signs, and it is speed zoned in accordance to State law at 30 m.p.h. He will provide this report to the Council. The City Council adjourned at 9:57 a.m. PASSED AND APPROVED this day of 1998. HRYN A. Y✓AGER MAYOR/ ATTEST: c_ J Lydia Torres City Clerk