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Min 08/17/1999 527 Wichita Falls, Texas Memorial Auditorium Building August 17, 1999 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 Arthur Bea Williams - Councilors James Esther, Jr. - Bill Altman - Johnny Burns - Bud Beaty - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Dan Shine - Absent Mayor Yeager called the meeting to order. Invocation was given by Reverend Scott VanBidder, First Church of the Nazarene Item 3 The results of the City election held on August 14, 1999, were canvassed by Mayor Yeager and City Clerk Lydia Torres. After the canvassing of the election returns the following ordinance was considered. ORDINANCE NO. 79-99 ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON AUGUST 14, 1999, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by councilor Burns that Ordinance No. 79-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Item 4 There were no presentations. Item 5 No one signed up to speak under public comments 528 Item 6 The Minutes were approved as distributed. Mayor moved Item 12a to be discussed at this time. Item 12a RESOLUTION NO. 96-99 RESOLUTION AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT FOR AN IN-BOUND RESERVATION CALL CENTER AS RECOMMENDED BY THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION AND APPROVING AN AMENDMENT TO THE CORPORATION'S FY 1998-99 BUDGET; 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. 96-99 be passed. Motion seconded by Councilor Williams. Mr. Ron Bullock, 4A Board, Mr. Tim Chase, BCI, and representatives of Budget Group, Inc. provided information on this project. Council suggested that in the Memorandum of Understanding under Item 3 the word "resident" be inserted before the word "management". Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None City Manager gave a briefing on the items listed under the Consent Agenda. Items 7a-9g Moved by Councilor Beaty that the consent agenda be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns, and Beaty Nays: None Item 7a RESOLUTION NO. 91-99 RESOLUTION AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 529 Item 7b RESOLUTION NO. 92-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION CONTRACT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE PURCHASE OF CERTAIN FORMS, MANUALS, AND SUPPLIES; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7c RESOLUTION NO. 93-99 RESOLUTION APPRROVING AN AMENDMENT TO ARTICLE IV, SECTION 3(C), BOOKS, RECORDS, AUDITS OF THE BY-LAWS OF THE WICHITA FALLS (46) SALES TAX CORPORATION; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7d RESOLUTION NO. 94-99 RESOLUTION APPRROVING AN AMENDMENT TO ARTICLE IV, SECTION 3(C), BOOKS, RECORDS, AUDITS OF THE BY-LAWS OF THE WICHITA FALLS ECONOMIC DEVELOPMENT (4A) CORPORATION; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7e RESOLUTION NO. 95-99 RESOLUTION AUTHORIZING A TEMPORARY LEASE FOR CITY-OWNED PROPERTY TO THE WICHITA COUNTY HERITAGE SOCIETY; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 8a Bid was awarded to Office Depot Business Services Division in the amount of $35,972.39 for the City's estimated annual requirement of office essential items. Item 8b Bid was awarded to Bob's Communication Sales in the amount of$25,970.00 for the purchase of portable radios and accessories. Items 9a-9g Minutes of the following board & commission meetings were received. a. Wichita Falls Housing Authority May 6, 1999 and July 8, 1999 b. Traffic Safety Commission - June 2, 1999 c. Helen Farabee Regional MHMR Board of Directors - June 24, 1999 d. Board of Electrical Examiners - July 8, 1999 e. Planning & Zoning Commission - July 14, 1999 f. Commission on Human Needs - July 19, 1999 g. Water Resources Commission - July 21, 1999 530 Item 10a A public hearing was held on hazardous structures. Mayor declared the public hearing open. Mr. Jim King noted that all property owners had been notified and there had been no responses. Staff recommended that structures be demolished. 1203 26th Street Mark Brock, 1620 301h Street requested additional time to rebuild this structure and stated his reasons. Mr. Brock was allowed thirty days to present to Mr. King physical as well as financial plans with specifications. Within six months Mr. Brock is to show a substantial good faith effort on the rehabilitation. Councilor Williams stated that a good faith effort was an early effort which should be at the beginning of the six months and not on the 5th month. Councilor Williams asked Mr. King that he provide as much information as possible about the process so that the person does not have to stumble around if they are going to comply. Mayor called for additional comments on the remaining properties. There being no one else who wished to be heard, the Mayor declared the public hearing closed. Item 11 a ORDINANCE NO. 80-99 AN ORDINANCE CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS, COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 80-99 be passed with the exception noted in Item 10a above regarding 1203 26th Street. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Item 11 b ORDINANCE NO. 81-99 ORDINANCE DESIGNATING THE STRUCTURE AT 616 SEVENTH STREET AS A WICHITA FALLS LANDMARK; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor James that Ordinance No. 81-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None 531 Item 12b RESOLUTION NO.97-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN ADJUSTMENT OF FEES AND FINAL PAYMENT FOR CERTAIN SERVICES FOR THE MULTI-PURPOSE EVENTS CENTER COLISEUM; 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. 97-99 be passed. Motion seconded by Councilor Burns. City Manager provided an update on Architectural costs and payments. He informed that 6.5% of the contract price paid to the Architects was to be applied to $9.9 million of the estimated construction cost back in 1992 and 1993. He added that part of the action recommended today is to revise that construction cost to $11.7 million. That has a cost of $88,000 additional funds to be paid to the Architects. The Architects have agreed to cap their design services at that $11.7 million regardless of what the bids bring in for the coliseum project. Also, part of this action involves an approximate cost of not to exceed $36,000 that the Architects would be paid to go back and update their plans for ADA compliance, available materials, etc. City Manager reviewed the Architectural fees and payment schedules. Passage of this resolution would authorize the Architects, once MPEC gives them notice to proceed, to start and finish the plans, to proceed with updating the plans, prepare for bidding, and be involved in the contract supervision as the building is built. Moved by Mayor Yeager that proposed resolution be amended for clarification purposes by rewording Section 3 to read as follows: "The hourly rates of the MPEC Coliseum Joint Venture, the MPEC Coordinating Architect, and the MPEC Site Architects as additional services are approved per the attached letters in Exhibit A. Payment in the amount not to exceed $36,300 is authorized for the review of all the coliseum plans and documents. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Item 12c RESOLUTION NO.98-99 RESOLUTION TO APPROVE THE UPDATE TO THE DROUGHT CONTINGENCY PLAN; 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. 98-99 be passed. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None 532 Item 12d RESOLUTION NO. 99-99 RESOLUTION AWARDING A CONTRACT TO WILBUR SMITH ASSOCIATES FOR A SOCIOECONOMIC DATA COLLECTION AND FORECAST STUDY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE REQUIRED CONTRACT; 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. 99-99 be passed. , Motion seconded by Councilor James and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Item 12e RESOLUTION NO. 100-99 RESOLUTION OF SUPPORT AND WILLINGNESS TO PROVIDE FINANCIAL SUPPORT FOR THE HOLLIDAY CREEK PEDESTRIAN AND BICYCLE TRAIL PHASE II B; 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. 100-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Item 12f RESOLUTION NO. 101-99 RESOLUTION APPROVING AN AMENDMENT TO THE FY 1998-1999 AND FY 1999- 2000 BUDGETS FOR THE WICHITA FALLS (46) SALES TAX CORPORATION FOR PREVIOUSLY APPROVED PROJECTS; 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. 101-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None 533 Item 13a RESOLUTION NO. 102-99 RESOLUTION TO AWARD BID AND CONTRACT FOR THE CONSTRUCTION OF FIRE STATIONS #3, #5 AND #7 TO NORMAN BRATCHER CONSTRUCTION COMPANY, IN THE AMOUNT OF $2,524,799.00 AND AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT FOR SAME; 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. 102-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Item 13b RESOLUTION NO. 103-99 RESOLUTION TO AWARD BID AND CONTRACT FOR HOLLIDAY CREEK SEWER MANHOLE SCOURING PROTECTION PROJECT; 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. 103-99 be passed. Motion seconded by Councilor James and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Item 13c RESOLUTION NO. 104-99 RESOLUTION TO AWARD BID AND CONTRACT FOR 1999 ALLEY REHABILITATION PROJECT; 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. 104-99 be passed. Motion seconded by Councilor James and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Item 13d Moved by Councilor Altman that proposal for the City's insurance program be awarded as follows: Williams-Dwyer Excess Workers' Compensation Premium: $20,449 Texas Municipal League Boiler& Machinery Premium: $4,206 534 (Item 13d continued) Williams-Dwyer Building & Contents Premium: $27,143 Extra Expense Premium: $ 1,001 Williams-Dwyer Electronic Equipment Premium: Included as sub-limit under property coverage J&H Marsh & McLennan Airport Liability Premium: $ 2,816 TOTAL PREMIUM COSTS: $55,615 Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns and Beaty. Nays: None Item 14a Councilor Esther asked that when discussions begin on the vacant fire stations that Council keep in mind the group on Windthorst Road that wants a recreation center. Councilor Williams asked citizens who are cleaning their swimming pools not to put their dry chemicals into the gutters and washing them into the sewer systems, as well as those citizens emptying their recreational vehicles into the sewer systems. Mayor expressed appreciation to the Charter Review Committee for their work in reviewing the Charter. Mayor reminded citizens to be aware of the children who have returned back to school and to observe the 20 m.p.h. speed limit. Mayor mentioned that the extension of TEA-21 trail is something that citizens of this community look forward to as we piece by piece try to put that trail together and provide additional recreation in a lot of ways. Mayor mentioned that the Cowboys Training Camp is coming to a close and we have enjoyed having them in our community. She thanked all the City departments and employees who have been instrumental in the smooth running of the Camp this year and its success. Item 14b Mr. George Bonnett provided an update on the water issue. He expressed appreciation to Mr. Daniel Nix, Water Purification Division, and his employees for a job well done under very adverse conditions. Mr. Bonnett asked residents to continue the voluntary water rationing for another week. Councilor Esther thanked Mr. Robert Parker for putting up speed signs in his area. Mr. Robert Powers provided the following Council meeting dates: Tuesday, August 31 at 8:30 a.m. (Annexation, business and budget) Wednesday &Thursday, September 1 & 2 at 5:30 p.m. (Budget) Tuesday. September 7 at 4:30 p.m. (Regular Council Meeting) Tuesday, September 14 at 4:30 p.m. (Tax Rate discussion and public hearing) The City Council adjourned at 11:35 a.m. 535 PASSED AND APPROVED this day of 1999. HRYN A. EAG MAYOik r ATTEST: Lydia Torres City Clerk 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 On Tuesday, August 17, 1999, Beginning At 8:30 a.m. City Council: Mayor Kay Yeager - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Bud Beaty 1 . Call to Order. 2. Invocation: The Reverend Scott VanBibber First Church of the Nazarene 3. Ordinance Canvassing The Returns Of The Special Municipal Election Held In The City Of Wichita Falls, Texas On August 14, 1999. (City Council Bill #177) 4. Presentations: 5. Comments From The Public To Members Of The City Council On Items Which 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.) 6. Approval of Minutes CONSENT AGENDA 7. Resolutions: a. Resolution Authorizing A Conflict Of Interest Waiver For City Employees Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs. (City Council Bill #178) 7. Resolutions (cont'd): City Council Agenda Tuesday, August 17, 1999 Page 2 b. Resolution Authorizing The City Manager To Execute An Interlocal Cooperation Contract With The Texas Department Of Public Safety For The Purchase Of Certain Forms, Manuals, And Supplies. (City Council Bill #179) c. Resolution Approving An Amendment To Article IV, Section 3(C), Books, Records, Audits, Of The By-Laws Of The Wichita Falls (413) Sales Tax Corporation. (City Council Bill #180) d. Resolution Approving An Amendment To Article IV, Section 3(C), Books, Records, Audits, Of The By-Laws Of The Wichita Falls Economic Development (4A) Corporation. (City Council Bill #181) e. Resolution Authorizing A Temporary Lease for City-Owned Property in Conjunction with the Wichita County Heritage Days. (City Council Bill #182) 8. Award of Bids: a. Award Of Bid For The City's Estimated Annual Requirement Of Office Essential Items To Office Depot Business Services Division In The Amount Of $35,972.39. b. Award Of Bid For The Purchase Of Portable Radios And Accessories To Bob's Communication Sales, In The Amount Of $25,970.00. 9. Receive Minutes: a. Wichita Falls Housing Authority - May 6, 1999 - July 8, 1999 b. Traffic Safety Commission — June 2, 1999 c. Helen Farabee Regional MHMR Board of Directors - June 24, 1999 d. Board of Electrical Examiners — July 8, 1999 e. Planning & Zoning Commission — July 14, 1999 f. Commission on Human Needs — July 19, 1999 g. Water Resources Commission — July 21, 1999 REGULAR AGENDA City Council Agenda Tuesday, August 17, 1999 Page 3 10. Public Hearings: a. A Public Hearing On Hazardous Structures, Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same. 11 . Ordinances: a. An Ordinance Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same. (City Council Bill #183) b. Ordinance Designating 616 Seventh Street As A Wichita Falls Landmark. (City Council Bill #184) 12. Resolutions: a. Resolution Authorizing An Economic Development Incentive Agreement For An In-Bound Reservation Call Center As Recommended By The Wichita Falls Economic Development Corporation And Approving An Amendment To The Corporation's FY 1998-99 Budget. (City Council Bill #185) b. Resolution Authorizing An Adjustment Of Fees And Final Payment For Certain Services For The Multi-Purpose Events Center Coliseum. (City Council Bill #186) c. Resolution To Approve The Update Of The Drought Contingency Plan. (City Council Bill #187) d. Resolution Awarding A Contract To Wilbur Smith Associates For A Socioeconomic Data Collection And Forecast Study. (City Council Bill #188) e. Resolution of Support and Willingness to Provide Financial Support for the Holliday Creek Pedestrian and Bicycle Trail Phase II B. (City Council Bill #189) f. Resolution Approving An Amendment To The FY 1998-1999 And FY 1999-2000 Budgets For The Wichita Falls (413) Sales Tax Corporation For Previously Approved Projects. (City Council Bill #190) 13. Award of Bids: City Council Agenda Tuesday, August 17, 1999 Page 4 a. Resolution To Award Bid And Contract For The Construction Of Fire Stations #3, #5 And #7 To Norman Bratcher Construction Company, In The Amount Of $2,524.799.00 And Authorize The City Manager To Execute Contract For Same. (City Council Bill #191) b. Resolution To Award Bid And Contract For Holliday Creek Sewer Manhole Scouring Protection Project. (City Council Bill #192) c. Resolution To Award Bid And Contract For 1999 Alley Rehabilitation Project. (City Council Bill #193) d. Award Of Proposal For The City's Insurance Program. 14. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 15. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on 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 , 19 at o'clock (a.m.)(p.m.). City Clerk