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Min 12/05/1995 59 Wichita Falls, Texas Memorial Auditorium Building December 5, 1995 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 : Michael Lam - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. Invocation was given by Rev. Karen L. Holsinger, First Church of God. Item 3a Jim Finley, Legal Department, was honored as Employee of the Month. Mayor Lam presented him with a plaque, City pin, theatre and transit tickets, dinner for two, and a check. Item 4 Moved by Councilor Thompson that the minutes of the November 21, 1995 meeting be approved. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Items 5a Moved by Councilor Martin to receive the minutes of the Planning and Zoning Commission for November 8, 1995 . Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 60 Item 6a A public hearing was held on amending of the previously approved Final Statement of Objectives and Proposed Use of Funds for Community Development Block Grant Funds to amend the scope of two projects . City Manager informed that this involves a reconciliation with the Department of Housing and Urban Development . We have a program with them where, basically, we are extended pre-approved expenditures in terms of where the funds may be used to administratively support the program. Before we came to this agreement we had a situation where they felt some of the funds from the City had been spent in a couple of areas outside the Community Development Block Grant Program window. We had a ,• situation, particularly in engineering support, where some of the projects they thought that some expenditures should have been left in general fund. We are always below the City' s allocation in terms of what percentage of the grant could be used for administration. What we are doing here is transferring some funds from the Sanitation Fund to defray the cost of demolishing housing under the CDBG. In the past, we have always carried that expense in the Sanitation Fund. However, under their rules what we will do in the future is charge the CDBG monies strictly to pay the landfill charges which, heretofore, had been given to the federal program to actually extend those dollars further. We are making a loan from the sanitation fund to begin the program of demolition and each time we have demolition charged we would charge CDBG and charge those back to Sanitation Fund. In the future we are going to have a situation where the Sanitation Fund will profit from the Block Grant Funds . That is in respect to the wishes of the federal people . The second part is a transfer of $5, 000 in terms of program use which had been allocated to the Red Door for some venting projects in the kitchen, which they feel they need those funds more urgently to replace the heating and cooling system at the Red Door Center. Councilor Hawkins asked if that would be sufficient funds to get the job done. Mr. Dockery replied that we own the building and lease the property to the Senior Citizens and as a part of that they are responsible for any cost over this amount . Therefore, if this is not adequate they are supposed to come up with the remaining portion of that, but all indications are that it will be adequate . Mayor allowed time for other comments from the public . No one wished to be heard. Mayor declared the public hearing closed. Item 6b A public hearing was held on TU Electric Company' s proposed franchise . City Attorney informed that we do not currently have a franchise with T.U. Electric . He and Mr. Ron Bullock, T.U. Representative, met and negotiated a franchise . It is a ten year franchise, with a five year option at the end of the ten years . We believe it is in the best interest of the public to have this franchise . It provides the safeguards from the City' s standpoint which we feel are necessary. Mayor declared the public hearing open and allowed for public comment . Councilor Martin commented that two years ago there was a situation with the telephone company where police officers were tied up for two days having to direct traffic because of a line which blocked the street . He felt this type of situation should 61 Item 6b cont' d be addressed in the franchise where T.U. Electric would reimburse the City for extra time if they are the cause . City Attorney replied that that was not addressed in this franchise nor do we address that in any of our franchises . A similar issue came up several years ago when we discussed reimbursing the City for expenses that incurred for hazmat spills and the Council at that time decided not to take that course of action. We have consistently not charged the public utilities for any police power expenses that might be associated with their use of the easements . Councilor Martin said that this should not be any different from an insurance claim. City Attorney replied that it is not addressed in this document and he has never seen it addressed in any franchise in the state . Councilor Daniel asked what was being referred to in Section 6a regarding the requirements on T.U. to make changes as needed when we perform public improvements . Mr. Bonnett replied that it conforms to a State statute which says any surface improvements, curb and gutter, sidewalks, street expansions, etc . , that the facilities of the franchisee will be moved at their expense . That is my understanding. City Attorney concurred. Mayor asked for any additional comments . No one wished to be heard. Mayor declared the public hearing closed. Item 7a ORDINANCE NO. 130-95 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTHWEST SIDE OF OLD LAKE ROAD (FM 2380) , ADJACENT TO THE NORTHEAST LINE OF LOT 5A, KELL SUBDIVISION Moved by Councilor Hawkins that Ordinance NO. 130-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7b ORDINANCE NO. 131-95 ORDINANCE CLOSING, VACATING AND ABANDONING A TEN FOOT WIDE UTILITY EASEMENT BETWEEN LOT 24 AND LOT 25, BLOCK 2, TANGLEWOOD HOLLOW ADDITION; AUTHORIZING THE CONVEYANCE OF THE ABANDONED EASEMENT TO THE FEE OWNER; - FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 131-95 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 62 Item 7c ORDINANCE NO. 132-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTHWEST SIDE OF OLD LAKE ROAD (FM 2380) , ADJACENT TO THE NORTHWEST LINE OF LOT 5A, KELL SUBDIVISION Moved by Councilor Martin that Ordinance No. 132-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7d A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing a sidewalk on the southwest side of Corwin Street, adjacent to the northeast line of Lot 5A, Block 38, Original Townsite . Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Johnston. Councilor Martin asked if there were sidewalks in existence in that area. Mr. Bonnett replied that there are sidewalks on the east side of Corwin between Washington and Carolina and on the west side of Corwin north of Carolina. More importantly, there are indications of foot traffic . Councilor Hawkins stated that this is a removal of a sidewalk requirement only, the curb is there . Mr. Bonnett concurred. Councilor Daniel was concerned what recourse the City would have to require that sidewalks be put in if an area becomes a high traffic area around a school . Is the only opportunity we have the permit procedure? Mr. Bonnett replied that the only opportunity we have is at the time a building permit is being issued or at the time of subdividing. Also, Council could do it with municipal funds but we have not seen fit to do that . Councilor Daniel said several instances had occurred around schools where children were forced to walk out on the street . It seems the only way we have to address this is through no parking zones . Mr. Bonnett agreed and said that it would be desirable to have sidewalks especially next to schools . Mr. Clark informed him that there were some CDBG funds available under a training a program, but would not be significant in terms of a major installation. Councilor Hawkins stated that sidewalks should be put in wherever possible . What is the chance of this costing an improvement to eastside by them not building if we required that a sidewalk be put in. Mr. Bonnett replied that was difficult to respond to because he would have to be guessing. He believes they are necessary in a residential area, but does not know that it would stop a development, he doubts it would. Motion failed by the following vote . 63 Item 7d cont' d Ayes : None Nays : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 7e ORDINANCE NO. 133-95 ORDINANCE APPROPRIATING FUNDS FROM SANITATION FUND EQUITY Moved by Councilor Thompson that Ordinance No. 133-95 be passed. Motion seconded by Councilor Johnston. Councilor Johnston asked if the Landmark Commission had been involved in this, and what kind of guidelines had been set for roof improvements . Mr. Clark informed that the Landmark Commission was involved in setting up the final aspects of the program. We worked closely with HUD and the Texas Historical Commission on this . HUD informed us that roofing could also be an eligible part of this . When it comes to the guidelines, we will depend on this program for the participant' s use of a design professional to establish the needs for a particular building. The City will not determine that . Councilor Johnston asked if there were any requirements that the portion of the roof under repair has to be visible from the street . Mr. Clark stated that the nature and intent of the program is for the facade . The building has to be designated as one that is in need of being involved in this program. Because of the federal monies involved, the prevailing wage and bidding requirements are more substantial than other programs . Therefore, you have to be pretty serious and have a more extensive project in order to get involved in this . Councilor Johnston questioned if the $50, 000 limit per project was not too high since there is only $100, 000 available . Mr. Clark replied that they expected that most projects would come in at less than that . We will be learning from the program and if it is successful, we will ask for additional block grant monies . If it is under utilized, it will be discontinued. Councilor Johnston commented that he would like to see numerous projects, because of the need in that area, instead of one or two large ones . Councilor Johnston said that he would like to have the phrase ' design professional' incorporated rather than 'project architect' . It should not be limited to an architect; it should be a design professional . Moved by Councilor Johnston to amend the original motion by designating 'project architect' as 'design professional' in Section VI Program Guidelines, Program Outline, Paragraph F. Motion seconded by Councilor Hawkins . Mr. Clark clarified that this would not affect our ability to deal with the government . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Question was called for on Ordinance 133-95 as amended. Motion carried by the following vote . 64 Item 7e cont' d Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item 7f ORDINANCE NO. 134-95 ORDINANCE APPROPRIATING FUNDS RECEIVED FROM THE TEXAS ,„,,, FOREST SERVICE FOR THE PURCHASE OF TREES Moved by Councilor Shine that Ordinance No. 134-95 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson Daniel, Martin, and Hawkins . Nays : None Item 7q ORDINANCE NO. 135-95 ORDINANCE APPROPRIATING $265, 000 FROM TEXAS PARKS AND WILDLIFE FOR THE CONSTRUCTION OF THE NATURE WORKS SHELTER AND RAIL IN LUCY PARK FOR THE FY ENDING SEPTEMBER 30 , 1995 . Moved by Councilor Hawkins that Ordinance No. 135-95 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson Daniel, Martin, and Hawkins Nays : None Item 7h ORDINANCE NO. 136-95 AN ORDINANCE REZONING LOT 1, BLOCK 19, LAKE WELLINGTON ESTATES, PHASE THREE (5000 KELL BLVD. ) WICHITA FALLS, TEXAS, A 4 . 51 ACRE TRACT, FROM SINGLE FAMILY-2 (SF-2) TO MULTIFAMILY RESIDENTIAL (MFR) [CASE 95-171 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 136-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 65 Item 7i ORDINANCE NO. 137-95 ORDINANCE REZONING THE SOUTHWEST 251X 50' PORTION OF LOT 7-A, BLOCK 15, FOUNTAIN PARK 2A, (3101 MCNIEL AVENUE) , WICHITA FALLS, TEXAS, FROM SINGLE FAMILY-2 RESIDENTIAL (SF-2) TO GENERAL COMMERCIAL (GC) [CASE #R 95-181 , FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 137-95 be passed. Motion seconded by Councilor Shine and carried by the following vote . Councilor Hawkins stepped outside the Council Chambers . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None Item 7-1 ORDINANCE NO. 138-95 ORDINANCE APPROPRIATING FUNDS RECEIVED FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CAPITAL EXPENDITURES OF THE TRANSIT SYSTEM FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 138-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None Item 7k ORDINANCE NO. 139-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DESIGNATING CERTAIN AREAS WITHIN THE CENTRAL BUSINESS DISTRICT AS AN "ENHANCEMENT DISTRICT" ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 139-95 be passed. Motion seconded by Councilor Martin. Mr. Clark informed that this would designate the areas of the enhancement district allowing for the use of CDBG funds in the area. A survey determined that 39 of the 77 structures are in need of significant work. The program requirements are that 25% of them are, and we show that 510 are in need of significant 66 Item 7k cont' d work. The program would accomplish for the acquisition of a facade easement which is the front foot of the buildings . The City would have the authority to review the plans for the building for a 20 year period. The City also obtains with the monies paid for this an economic incentive . The owner achieves up to a third match for complete repair of the facility, the change of the facade and the upgrade of the building to meet code standards . This is something very positive for the community and would offer an incentive to improve the appearance and operation of the downtown area. Councilor Hawkins returned to the Council table . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson Daniel, Martin, and Hawkins Nays : None Item 71 ORDINANCE NO. 140-95 ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE I Moved by Councilor Martin that Ordinance No. 140-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson Daniel, Martin, and Hawkins . Nays : None Item 7m ORDINANCE NO. 141-95 ORDINANCE TRANSFERRING APPROPRIATIONS FROM THE PARKS AND RECREATION DEPARTMENT TO THE FIRE DEPARTMENT AND THE TRAFFIC AND TRANSPORTATION DEPARTMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995 Moved by Councilor Johnston that Ordinance No. 141-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 67 Item 7n ORDINANCE NO. 142-95 ORDINANCE ESTABLISHING A COMMISSION ON HIGHWAY TRANSPORTATION SYSTEM NEEDS Item 7n cont' d Moved by Councilor Thompson that Ordinance No. 142-95 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7o ORDINANCE NO. 143-95 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Daniel that Ordinance No. 143-95 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7P ORDINANCE NO. 144-95 ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF THE ALLEY AND A UTILITY EASEMENT IN BLOCK 262 , THOMPSON SUBDIVISION; AUTHORIZING THE CONVEYANCE OF THE PROPERTY TO THE FEE OWNER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Ordinance No. 144-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 68 Item 8a RESOLUTION NO. 197-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, URGING THE SUPPORT AND COOPERATION OF THE PRESIDENT AND UNITED STATES CONGRESS FOR THE ENFORCEMENT OF TRAFFIC AND SAFETY LAWS AS A PART OF THE NORTH AMERICAN FREE TRADE AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 197-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8b RESOLUTION NO. 198-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR THE ACQUISITION OF PROPERTY FOR THE EXPANSION OF THE CYPRESS WATER PLANT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 198-95 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8c RESOLUTION NO. 199-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING THE FINAL STATEMENT OF OBJECTIVES AND PROPOSED USE OF FUNDS BY CHANGING THE SCOPE OF RENOVATIONS AT THE RED DOOR SENIOR CITIZEN CENTER FROM THE INSTALLATION OF A VENT-A-HOOD TO THE INSTALLATION OF A NEW HVAC SYSTEM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 199-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 69 Item 8d RESOLUTION NO. 200-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING THE FINAL STATEMENT OF OBJECTIVES AND PROPOSED USE OF FUNDS BY ALLOCATING $119, 382 IN PROGRAM INCOME AND INCREASING THE DEMOLITION AND CLEARANCE ACTIVITY BUDGET FOR LANDFILL COSTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 200-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson Daniel, Martin, and Hawkins Nays : None Item 8e RESOLUTION NO. 201-95 RESOLUTION AUTHORIZING THE ADMINISTRATION OF A FACADE ENHANCEMENT PROGRAM AND ESTABLISHING PROGRAM GUIDELINES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No 201-95 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9a RESOLUTION NO. 202-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS TO CONVEY TITLE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 202-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 70 Item 9b Moved by Councilor Hawkins to award bid to Quality Manufacturing, Inc . for one 1250 GPM Pumper Fire Engine in the amount of $260, 526 . 00 . Motion seconded by Councilor Thompson. There was concern from the Council that more bids are not being submitted by more bidders, especially on such an expensive piece of equipment . Mayor directed Staff to find out why more vendors did not bid. We need to extend every effort to make a bid. Council was concerned that the purchasing agent was not taking a more active part in the bid process . Purchasing agente ,; will be present when bids are presented to Council . City Manager said that they will prepare a history of each bid for the Council, and follow-up on the results . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item l0a RESOLUTION NO. 203-95 RESOLUTION AUTHORIZING CHANGE ORDER NO. 3 TO A CONTRACT WITH ELECTRA CONSTRUCTION COMPANY, INC. FOR THE GENERAL CONSTRUCTION OF THE EXHIBIT HALL OF THE MULTI-PURPOSE EVENTS CENTER Moved by Councilor Daniel that Resolution No. 203-95 be passed. Motion seconded by Councilor Martin. Councilor Martin asked why the architects did not foresee the need for the two roof hatches and the steel ladders . Kay Yeager, 2111 Avondale, stated that they also have been asking that question and are addressing that situation. Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lla No one wished to be heard. Item llb ,- Councilor Martin informed that he had just returned from the National League of Cities Conference, where he served on the Finance Committee . A concern to smaller cities was the block grant funds and he urged that we work with North Texas Planning Commission to protect our rights in trying to obtain these block grants . Councilor Martin commented that the janitorial service at the MPEC was causing the City a lot of overtime and he suggested 71 Item llb cont' d that the MPEC Board consider contracting this service out . It would be less expensive for MPEC Board and the City. Mayor mentioned the Library Committee meeting and that they will be looking at the evaluation of our present Activity Center as a location for the Library. They were given a target date of 90 days to report . Mayor will keep Council updated. Councilor Johnston commended the effort of the Harold Jones Park lighting. It was very impressive and made a nice display for the City. Also, he asked about the quarterly review of the budget . City Manager said that at the conclusion of each quarter Council will receive that report . Councilor Hawkins asked if we had a contractor problem at the landfill . Mr. Bonnett stated that the project is completed at Cell 11, and the problem is that the contractor is reported to be in financial distress . We are covered with a payment bond and Legal is working with the claimees in supplying the payment bond trying to insure that they do have the proper access to the third party for any unfulfilled payment . Councilor Hawkins said that we are having to handle our refuse a little different because of a problem that is out there. Mr. Bonnett commented that he was correct, and the bond that we have does not cover those costs . We have liquidated damages and we have assessed liquidated damages on the last payment, and, hopefully, that will be enough to handle costs to move the aerial to the cell once it is certified. The new cell is complete now. Item 11c City Manager mentioned the retreat and asked for a committee of the Council to assist with this . Mayor appointed himself and Councilor Thompson to serve on this committee . City Manager informed that they had two reports . One is on Plum Creek for which we have budgeted $349, 000 for the initial phases . A letter was received from the Army Corps of Engineers for approval to set the schedule back until September or October of 1996 . We think that is dangerous to the project . There may be some funds that will end. We are asking Council' s concurrence to reply that we want to stay on the schedule which was originally set . Council concurred. The second report is on the beginnings of a composting program, which involves separate collections, retailing the product and some thoughts on how to do that . Mr. David Lehfeldt gave an overview of the composting program. He mentioned that this is a three phase program. The first item is a reduction in the tipping fee at the landfill for source-separated organics . We discovered we can do compost cheaper than we can garbage, yet we are still charging the same amount for organics as we do for garbage . By reducing the price, we are giving the generators a break and charging only what it cost us . We are also encouraging them to provide us with a source separating material . With this financial incentive, they will take time to separate it out, clean it, and bring it to the landfill which will allow us to increase our composting operation and decrease our reliance on the landfill . That is the subtotal of our intent, to give the processor a price break, give them an incentive, and increase the life of our landfill . The permitting of a new landfill is going to be expensive, the longer we can maintain the life of the one we now have, the better off we will be . We are not proposing just any organics, but organics which are brought to the landfill, and they must be organics which can be compost with the equipment and personnel now available, such 72 Item llc cont' d as cloth remnants, clean woody material, recycled paper, vegetated materials, etc . Phase 2 - we have gotten to a good compost material which we fill is ready to be made available to the citizens . We have a considerable amount stock piled, however, we lack one final process to get it into a market grade material, which is the screening. We are in the process of an RFP to get a compost screen on a rental basis . We want a means to make it available to the citizens . We are proposing a system where we have a registration distribution system, where they register with the Sanitation Department to be distributors . After they are registered with us, they can get material from the landfill and they distribute to the public . We propose a $7 per cubic yard bulk price on this . Thirdly, I propose that we have a yard trimming curb side collection program on a voluntary basis . Any citizen who is interested can contact the Sanitation Department and register. They will have to follow rules and regulations, such as placing trimmings in a compostable plastic bag. Registration will allow targeting of homes to set up routes . Curb side collection would be limited to a March through November time frame . Mr. Lehfeldt allowed for any questions from Council . A copy of this report is attached hereto and made a part of these minutes . Mayor asked if this is something that the City will receive revenue on. He said he understood this to be a product that we market and sell to a wholesaler who will then market it . Mr. Lehfeldt agreed and stated that they propose the compost at $7 per cubic yard to pay for the screening operation and related costs . The Mayor asked if the product could be sent anywhere to be sold. Mr. Lehfeldt said it could and they are proposing this in order to limit the number of persons that department has to deal with. The wholesaler can use their marketing system which they already have in place to distribute to the citizens . Councilor Shine asked if the bags will be readily accessible . Mr. Lehfeldt replied that the City will have to provide the bags and he is proposing in the program that it be an at cost charge to be passed on to the citizens . Councilor Martin asked what percent of our yard waste goes to the landfill . What percentage would we be saving through this program. Mr. Lehfeldt responded that we are not getting a lot of yard waste through our program. The majority of what we are getting is the commercial operations, woody materials, tree trimmings, etc . If we made it mandatory for the yard trimmings, the grass, etc . , it would make a considerable reduction to the landfill . Mr. Lehfeldt agreed, but said this was a voluntary not a mandatory program. I currently do not have the personnel and equipment to make it mandatory. Councilor Martin referred to the screen and asked if this operation was big enough to utilize it one hundred percent of the time . Mr. Lehfeldt stated that they are proposing a rental program now and not purchasing one because we are not big enough to do it . Councilor Martin mentioned a shredder which goes around to various communities through Nortex. He was told by Nortex of certain grants relating to our landfill . There may be a grant where Nortex could buy this screen and put it on a rental basis to the cities throughout the Nortex region. Mr. Lehfeldt stated that those grants were limited in dollar number and they are proposing a $10, 000 per community limit on it . With that type of limit a screen may or may not be possible . At this time we are not big enough in our operation to use a screen full time . In the future, we may become big enough that we need one . Councilor Martin stated that Nortex may be big enough to get one . We need to pursue that route to see if Nortex can buy one and use 73 Item llc cont' d it like the shredder. Mr. Lehfeldt commented that may be a possibility and they have been looking at it . City Manager commented that this was early in the proposal and we are still developing it . He asked Council to look through the information and ask any questions they had. We will learn as we go, but we think we have one here that saves us funds . It is something that the citizenry has been waiting on and those who want to participate can call and get in this program. Also, there are quite a few people who are interested in the end product . We are stepping into this cautiously, and at appropriate points we will be bringing to you for your approval different steps to get us started. Councilor Martin feels it is wise to go to the commercial operation of selling this to the wholesaler because if we get into it we would increase traffic at the landfill, and to eliminate that traffic we would have to set up a separate operation, in a different location and transport the compost to that area for the retail . This would put us in the retail business with another exposure . Item lld There was no executive session. The City Council adjourned at 10 : 10 a.m. PASSED AND APPROVED this day o Q �b'vll� f� Michael Lam, ayor ATTEST: 11 a Torres Ci4 Clerk %*Nib 7�57,, rsz, CITY COUNCIL AGENDA1, ". [ December 5, 1995 ITEM/SUBJECT: Ordinance setting new landfill use feesfob source-separated compostable materials delivered to the Landfill; and providing rules, regulations and policies for the marketing and distribution of materials produced at the City of Wichita Falls' composting facility. INITIATING DEPT: Public Works/Sanitation COMMENTARY: In 1993 the City began composting yard trimmings and clean woody material .- City crews separated materials at the Transfer Station and Landfill . Over 5, 000 tons of organics have been processed to date. The tipping fee charged for these materials has been the same as for garbage, $28 . 00/ton at the Landfill and $36 . 50/ton at the Transfer Station. Through growth and experience we have reduced our cost to compost to $22 . 00/ton, and expect to reduce it even further. At these rates we are making a profit of $6 . 00/ton, in addition to the landfill savings and the composting rebate . Staff believes that we can reduce our tipping fee for source-separated compostable organics to $18 . 00/ton and continue to operate at cost . By reducing this fee we expect to provide the generators an incentive to separate their organics from their trash. This should increase the amount composted, saving landfill space and further reducing the cost/ton to compost . By source-separated compostable organics we mean those materials, delivered to the landfill, that we are permitted by the TNRCC to compost . Currently, these include yard trimmings, clean wood materials, paper, manure, vegetative material and water treatment sludge . As new sources of organics become available, we plan to modify our permit, as necessary, to include those materials . We expect to have finished, market grade compost ready by mid spring. Ample material is stockpiled and ready for final processing. At this time, staff believes that it is appropriate to make this compost available to the public. Staff is recommending that we charge $7 . 00*/cubic yard for this material . Final processing expenses were not figured into the $22 . 00/ton cost mentioned earlier, and must be covered by the sale of the compost . After considerable research, it is our belief that a program wholesaling to local vendors provides the best possible system. Bulk sales to local businesses will take advantage of existing distribution and marketing networks, without the added problem of our being in competition with taxpayers . Registration of vendors is proposed as a means of insuring that all federal, state and local rules regarding compost use are followed. Page of Pages City Council Minutes Agenda Item No. December 5, 1995 Item 11c Composting Program Report CITY COUNCIL AGENDA December 5, 1995 ITEM/SUBJECT: Ordinance setting new landfill use fees for source-separated compostable materials delivered to the Landfill; and providing rules, regulations and policies for the marketing and distribution of materials produced at the City of Wichita Falls' composting facility. INITIATING DEFT: Public Works/Sanitation COMMENTARY: In addition, staff is evaluating the possibility of providing a voluntary "grass cycling" program. Those citizens who wish to participate will sign-up with the Sanitation Department . This will allow specific Wednesday routes to be created, optimizing collection efficiency. Personnel and equipment for this program will be provided by the Sanitation Department from existing resources . Staff is prepared to discuss these issues with the Council during it' s deliberations . (APPROVED) (DIRECTOR) CITY MANAGER'S REMARKS: (CITY MGR. ) ASSOCIATED INFORMATION: Ordinance BUDGET CERTIFICATION: (Sources/Account Nos . ) (CHIEF ACCT. OFFICER) LEGAL CERTIFICATION: (CITY ATTORNEY) CODIFICATION: Yes No Page of Pages Agenda Item No. i ORDINANCE NO. ORDINANCE ADDING ARTICLE IV TO CHAPTER 17 AND AMENDING SECTIONS 17-57 AND 17-62 OF THE CODE OF ORDINANCES TO PROVIDE RULES, REGULATIONS AND POLICIES FOR THE MARKETING OF MATERIAL FROM THE CITY COMPOSTING FACILITY; AND PROVIDING NEW RATES FOR SOURCE-SEPARATED COMPOSTABLE ORGANICS WHEREAS, the City of Wichita Falls finds that composting is cheaper than landfilling; and, WHEREAS, it is in the public interest to provide for efficient marketing of the city, s compost products; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION ONE. Section 17-57 is amended to include the following: "(9) Source-separated compostable organics means organic materials that at the point of generation have been separated, collected and transported separately from non-organic materials; and that are compostable at the City's composting operation. Source-separated compostable organics may include materials such as, but not limited to, yard trimmings, clean wood materials, paper, manure, vegetative material and water treatment sludge. Materials must be compostable by the City using the permits and equipment available at the time of delivery. The Sanitation Superintendent will have the final determination of which materials qualify. Contamination by foreign objects will disqualify that load from consideration i (10) Clean wood materials means wood or wood materials, including stumps, roots, or vegetation with intact rootball, sawdust, pallets and manufacturing rejects. Clean wood material does not include wood that has been treated, coated or painted by materials such as, but not limited to, paints, varnishes, wood preservatives, or other chemical products. Clean wood material also does not include demolition material, where the material is contaminated by materials such as but not limited to paint or other chemicals, glass, electrical wiring, metal and sheetrock. " SECTION TWO. Subsection (b) of Section 17-62 is amended to read as follows : (b) Landfill and Transfer Station Use Fees: Fees-fer- t-he use-ef-the-3afidfi33--sha33-be--at-tom-r-a7t-e-e€-twenty-eight-del Iars {$2 8-A A}-pe-r--tc ri--f er--g-a-rba-ge--&nd-trash- -wi t hix the- --1-if tt s--and--f-rf-ty—ai-x--4EA-1 awe--{$5 6-A A f rem eutside-the- c-i -�ir�trte. Fees- for the use of the landfill for materials originating from within the city limits shall be at the rate of twenty-eight dollars ($28. 00) per ton for garbage and trash; and at the rate of eighteen dollars ($18. 00) per ton for source-separated compostable organics. For materials originating from outside the city limits the landfill fees shall be at the rate of fifty-six dollars ($56. 00) per ton for garbage and trash; and at the rate of thirty-six dollars ($36. 00) per ton for source-separated compostable organics. Fees for the use of the transfer station shall be at the rate of thirty-six dollars and fifty cents ($36 . 50) per ton for solid waste originating from within the city and seventy-three dollars ($73 . 00) per ton for solid waste from outside the city limits . Weights shall be determined to the nearest one-quarter ton and charged accordingly. The minimum charge shall be equal to the rate for one-quarter ton. Fees for each type license and use are as follows : (1) Commercial, residential : Commercial haulers will be assessed the appropriate "users fee" for the use of the landfill or transfer station. Payment shall be by cash or prearranged charge account . Fee may be charged to users utility bill with verifiable identification. Refuse from a Wichita Falls resident which is assessed the residential rate may be disposed of at the landfill or transfer station without charge. If rental property is involved, or if the hauler is being compensated for the hauling, a disposal fee shall be assessed. All governmental entities, excluding the City of Wichita Falls, shall be charged the commercial rate. The sanitation superintendent or disposal site supervisor shall have the authority to determine if a fee is to be assessed in situations not otherwise covered by city ordinance. (2) Class 1 : Twenty-eight dollars ($28 . 00) per ton for refuse hauled to the landfill, and thirty-six dollars and fifty cents ($36 . 50) per ton for refuse hauled to the transfer station and eighteen dollars ($18. 00) per ton for source-separated compostable organics hauled to the landfill . At either site, there will be a minimum charge equal to the applicable rate for one-quarter ton. All charges will be accumulated on a monthly basis with the monthly total billed subtracting the twenty dollars ($20 . 00) minimum rate for commercial establishments . No monthly rate will be reduced below the minimum fee, and all charges in excess of the minimum fee will be added to the monthly utility bill . (2) Class 2: Twenty-eight dollars 8 refuse hauled to the landfill, arid. thirty-six 00) per ton for dollars and fifty cents ($36 . 50) per ton for refuse hauled to the transfer station and eighteen dollars ($18. 00) per ton for source-separated compostable organics hauled to the landfill . At either site, there will be a minimum charge equal to the applicable rate for one-quarter ton. Charges will be accumulated on a monthly basis and added to the monthly utility bill . (4) Class 3: Fifty-six dollars ($56 . 00) per ton for refuse hauled to the landfill, and seventy-three dollars ($73 . 00) per ton for refuse hauled to the transfer station and thirty-six dollars ($36. 00) per ton for source separated compostable organics hauled to the landfill . There will be a minimum charge equal to the applicable rate for one-quarter ton. Fee shall be paid upon entrance to the disposal site by cash, coupon or prearranged charge account . (5) Class 4: Rate to be determined by origination of refuse. Refuse hauled from inside the city limits will be charged twenty-eight dollars ($28 . 00) per ton at the landfill or thirty-six dollars and fifty cents ($36 . 50) per ton at the transfer station. Refuse hauled from outside the city limits will be charged fifty-six dollars ($56. 00) per ton at the landfill or seventy-three dollars ($73 . 00) per ton at the transfer station. Source-separated compostable organics hauled from inside the city limits will be charged eighteen dollars ($18. 00) per ton. Source-separated compostable organics hauled from outside the city limits will be charged thirty-six dollars ($. 6. 00) per ton. There will be a minimum charge equal to the applicable rate for one-quarter ton. Payment shall be made by method arranged upon issuance of license. (5) Class 5: Rate to be determined by origination of refuse . Refuse hauled from inside the city limits will be charged twenty-eight dollars ($28 . 00) per ton at the landfill or thirty-six dollars and fifty cents ($36 . 50) per ton at the transfer station. Refuse hauled from outside the city limits will be charged fifty-six dollars ($56 . 00) per ton at the landfill or seventy-three dollars ($73 . 00) per ton at the transfer station. Source-separated compostable organics hauled from inside the city limits will be charged eighteen dollars ($18. 00) per ton. Source-separated compostable organics hauled from outside the city limits will be charged thirty-six dollars ($36. 00) per ton. There will be a minimum charge equal to the applicable rate of one-quarter ton. Payment shall be made by method arranged upon issuance of license. SECTION 3 . Chapter 17 of the Code of Ordinances is hereby amended to add: "ARTICLE IV. Rules and Regulations Governing Distribution Of Wichita Falls Organics, Compost and Mulch. Section 17-76 Definitions. (a) "Wichita Falls Organics" means those materials, compost or mulch, produced at the Wichita Falls Organics Recycling Facility. This is the trade name used for marketing purposes. (b) "Vendor" means any organization that has registered with the Sanitation Department and has paid the registration fee. (c) "Wichita Falls Organics Recycling Facility" means the portion Of the Wiley Road Landfill permitted and used for composting operations. Section 17-77 Registration Required. (a) Registration. No person, firm or corporation, except duly authorized agents and employees of the City, shall distribute or market materials generated by the Wichita Falls Organics Recycling Facility, without a registration on file with the Sanitation Department and without having paid the registration fee. The purpose of registration is to insure that all vendors marketing this product comply with all applicable Federal, State and Local rules and regulations. Failure ul to comply with these rules and regations is grounds for revoking the vendor's registration. (b) Registration Fee. A, two hundred dollar annual registration fee is required to cover 20administrative ted costs. These costs include TNRCC documentation, receipts, and other related expenses. Vendor registration is valid January 1 through December 31, and will be prorated accordingly. This fee is payable to the City of Wichita Falls at the Landfill Office or the Sanitation Department Office at 200 Sunset Drive. Section 17-78 Purchase of Wichita Falls Organics. Wichita Falls Organics may be Purchased during g normal operating hours at the Landfill Office by registered vendors. Purchase price will be seven dollars ($7. 00) per :cubic yard with a 3 yard minimum. A limited quantity of material may be available and will be available on a first come first serve basis. In order to make the compost available to all vendors a limit of 100 cubic yards may be purchased on any one day by a single vendor. Although the city will make every effort to maintain adequate inventory, the availability of compost or related products is not guaranteed or assured. Section 1 7-79 Resale of Wichita Falls Organics. Registered vendors may resell Wichita Falls Organics at their discretion. Resale must be made under the Wichita Falls Organics trade name and logo, both of which must be displayed on all packaged or bagged compost. Pre-mixing these materials with other soils and selling under another trade name is prohibited. The vendor will provide the city with a list of users when required by TNRCC Regulations, and will provide these users any notices required by the TNRCC. Section 17-80 City use of Wichita Falls Organics. Wichita Falls Organics may be used by City departments at the discretion of the Sanitation Superintendent. Use on city Property, demonstration sites and as samples is authorized. Other uses, as determined by the Sanitation Superintendent, are also authorized. Section 17-81 TNRCC Criteria. Wichita Falls Organics meets or exceeds all Environmental Protection Agency (EPA) and Texas Natural Resources Conservation Commission (TNRCC) criteria for- use by the general public. It is the responsibility of the vendor to provide the customer with information on how to properly use Wichita Falls Organics. Section 17-82 Penalties. Any person who violates any provision of this article will have their registration revoked and may be prohibited from future purchases of Wichita Falls Organics. SECTION 4 . All ordinances or parts of conflict with the provisions of thisordinance area he ces in repealed. hereby SECTION 5 . Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall be not affected thereby. SECTION G . This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Wichita Falls, and it is accordingly so ordained. SECTION 7. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 5th day of December, 1995 . ATTEST: M A Y O R CITY CLERK