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Min 03/05/1996 142 Wichita Falls, Texas Memorial Auditorium Building March 5, 1996 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 - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Mayor Michael Lam. Item 3 Guadalupe "Wally" Acosta, Fire Department, was honored as Employee of the Month. He was presented with a plaque, City pin, dinner and transit tickets and a check. Mayor Lam proclaimed the month of March, 1996 as "Adult Literacy Month" and encouraged all who cannot read to seek the assistance of the Adult Literacy Council . Mayor Lam proclaimed the month of March as "Professional Social Workers Month" and urged that all citizens support the social workers activities and functions . Item 4 Moved by Councilor Shine that the minutes of the February 20, 1996 meeting be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam. Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Items 5a-7b Councilor Daniel requested that Item 6a be brought down. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 6a . 143 Items 5a-7b cont ' d. 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 5a Bid was awarded to Jacobsen Textron for a 16 foot cut rotary riding mower in the amount of $43, 330 . 00 . Item 7a-7b Minutes of the following boards and commissions were received. a. Landmark Commission, December 14 , 1995 b. Water Resources Commission, February 2, 1996 Item 6a RESOLUTION NO. 26-96 RESOLUTION TO ACCEPT THE 1995 STREET RESURFACING PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT COMPANY Moved by Councilor Hawkins that Resolution No. 26-96 be passed. ' l Motion seconded by Councilor Thompson. Councilor Daniel asked Mr. Bonnett to inform on the Kemp Street resurfacing project in light of the recent newspaper articles . Mr. Bonnett stated that Kemp Street is not a part of this program; this is the mill and overlay program which is done annually. He explained that they chose not to use the mix which has become controversial and which TXDOT has chosen to use on Kemp Street . Kemp Street is as State project that is funded under the Intermodal Surface Transportation Efficiency Act (ISTEA) monies . These are federal tax dollars which are being returned via the State government . They can contract with us to do the design work and construction inspection of a project, and that is what Kemp Street is . Mr. Bonnett explained that a different type of mix was used for Kemp Street . The City noticed some surface irregularities, and contacted the State . They looked at it resulting in removing the entire surface . Mr. Bonnett ' s understanding is that they will re-pave it with a different type mix which has a better p track record. Motion carried by the following vote . '`" Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 144 Item 8a ORDINANCE NO. 31-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTHWEST SIDE OF RIVER ROAD AND THE NORTHEAST SIDE OF CLOVER LANE, ADJACENT TO THE SOUTHEAST LINE AND THE SOUTHWEST LINE OF LOTS 1, 2, 3, AND 4 , BLOCK 10, TYSON SUBDIVISION Moved by Councilor Thompson that Ordinance No. 31-96 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 8b ORDINANCE NO. 32-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE NORTHWEST SIDE OF CLOVER LANE, ADJACENT TO THE SOUTHEAST LINE AND THE SOUTHWEST LINE OF LOTS 1, 2, 3, AND 4 , BLOCK 10, TYSON SUBDIVISION Moved by Councilor Thompson that Ordinance No. 32-96 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 ORDINANCE NO. 33-96 ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF THE ALLEY IN BLOCK 3, HILLCREST ADDITION; AUTHORIZING THE CONVEYANCE OF THE PROPERTY TO THE FEE OWNERS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No 33-96 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 145 Item 8d ORDINANCE NO. 34-96 ORDINANCE REZONING 29 . 8 ACRES OUT OF BLOCK 8, KEMP AND NEWBY SUBDIVISION, 900 MIDWESTERN PARKWAY , FROM HEAVY COMMERCIAL TO GENERAL COMMERCIAL (CASE R 96-01) ; 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. 34-96 be passed. Motion seconded by Mayor Lam and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8e ORDINANCE NO. 35-96 ORDINANCE REZONING LOTS 20, 21 & 22, BLOCK 118, HILLCREST ADDITION, 2807 AVENUE U, AND A 60 FT . BY 150 FT . PORTION OF AVENUE U ABUTTING LOT 22, FROM LIMITED COMMERCIAL TO GENERAL COMMERCIAL CONDITIONED ZONING (CASE R 96-02) ; 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. 35-96 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 8f ORDINANCE 36-96 ORDINANCE AMENDING SECTION 4 1/2-4 OF THE CODE OF ORDINANCES TO PROVIDE FOR TYPE III AMBULANCES AS DESIGNATED BY FEDERAL STANDARDS Moved by Councilor Martin that Ordinance No. 36-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Mr. Charles Grady, Lifeline Managing Director, stated that the Type III ambulances are preferred by the paramedics . They are smoother riding and have more room in which to maneuver. Also, we are looking for a five year depreciation. The colors for the ambulances will be red, white and blue and will be received within two weeks . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 146 Item 8f cont ' d. Nays : None Item 8g ORDINANCE NO. 37-96 ORDINANCE AMENDING THE 1988 THOROUGHFARE PLAN AND ADOPTING THE 1996 WICHITA FALLS METROPOLITAN AREA THOROUGHFARE PLAN; ADOPTING THE 1996 THOROUGHFARE PLAN AS AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF WICHITA FALLS; 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. 37-96 be passed. Motion seconded by Councilor Shine . Councilor Hawkins asked why N. 8th Street had not been designated as a minor collector. He said it will be one of the heavily used streets to and from the MPEC, and it should be considered as a minor collector. Mr. Dave Clark stated that this development had come about with consideration of changes over time and consultation with staff and TXDOT. He agreed that was a good issue which has not been addressed but could be incorporated. Councilor Hawkins said that N . 8th Street is going to be a very important street to us in the future with the added emphasis on the MPEC, and asked that it be considered. Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8h ORDINANCE NO. 38-96 ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF WASHINGTON STREET ADJACENT TO BLOCK 35, ORIGINAL TOWNSITE; 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 Thompson that Ordinance No. 38-96 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 147 Item 8i ORDINANCE NO. 39-96 ORDINANCE APPROPRIATING HOTEL/MOTEL FUNDS FOR THE PURCHASE OF AN ELECTRONIC SIGN FOR THE MULTI-PURPOSE EVENTS CENTER Moved by Councilor Thompson that Ordinance No. 39-96 be passed. Motion seconded by Councilor Shine . Councilor Hawkins informed that the outside agency funding committee met and are recommending the use of the hotel/motel tax for that purpose . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9a RESOLUTION NO. 27-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR THE ACQUISITION OF PROPERTY FOR PHASE I OF THE SEWER REHABILITATION IMPROVEMENTS PROGRAM AND THE SOUTHWEST SEWER INTERCEPTOR RELIEF PROJECT, APPROVING THE APPRAISAL, 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. 27-96 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 9b RESOLUTION NO. 28-96 RESOLUTION TO APPROVE THE APPLICATION OF THE TEXAS HOUSING FINANCE CORPORATIONS ACT WITHIN THE CITY AND TO ASSIGN AUTHORITY TO THE NORTEX HOUSING FINANCE CORPORATION TO ISSUE SINGLE FAMILY MORTGAGE REVENUE BONDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No . 28-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . 148 Item 9b cont ' d. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9c RESOLUTION NO. 29-96 RESOLUTION APPROVING THE REFUND OF MONIES TO DANA CORPORATION LITIGATION FOR SETTLEMENT IN A LAWSUIT Moved by Councilor Thompson that Resolution No. 29-96 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 9d RESOLUTION NO. 30-96 RESOLUTION REJECTING PROPOSALS FOR A WIRING AND CONNECTIVITY SYSTEM Moved by Councilor Martin that Resolution No. 30-96 be passed. Motion seconded by Councilor Shine . Mr. Jim Dockery informed that two processes are underway for the replacement of the City mainframe computer system. One is an RFP for networking installation and the second is an RFP for replacement of our financial application. We have received proposals for both. The finance application proposals which were received appear to be favorable . The other part of this process is what is being considered today for rejection. We only received two proposals out of sixty, which were considerably higher than we expected. Those who did not participate gave the reason that the contract specifications placed all the risk on the vendors . Mr. Dockery informed this project will require a lot of partnering and sub-contracting relationships and the vendors are unwilling to enter that arena, and those who did, chose to raise the price up. Based on the information which we have received we will revise specifications in order to get a better outcome on this process . We should not lose more than six weeks on this process . Motion carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 149 Item 9e RESOLUTION NO. 31-96 RESOLUTION SUPPORTING THE CONSTRUCTION OF AN ELEVATED PORTION OF FREEWAY ALONG U. S . HIGHWAY 287 ; REQUESTING THAT THE TEXAS TRANSPORTATION COMMISSION CONNECT THIS ELEVATED PORTION TO HIGHWAYS SHOWN ON THE NATIONAL HIGHWAY SYSTEM; PROVIDE THE NECESSARY SYSTEM TO MAINTAIN AND PROMOTE THE ECONOMIC VIABILITY AND POTENTIAL OF EXISTING AND FUTURE BUSINESSES; 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. 31-96 be passed. Motion seconded by Councilor Johnston. Councilor Thompson asked why the on/off ramps were not mentioned in this resolution. Mr. Clark said that the Council- appointed Highway Commission is developing the further commitment on this with the idea of the ramps . Mayor stated that this resolution needs to be modified to include the ramps . Councilor Hawkins asked if a statement could be added to the resolution to include the on/off ramps . City Attorney replied that it could be done . Councilor Thompson moved that a statement be included in the Resolution to include the on/off ramps . Motion seconded by Councilor Hawkins . Mayor stressed that it needs to be very clear that the City is not approving this project without the ramps . Councilor Johnston expressed concern that this reflected a two phase system and he does not believe that is the way the City wants to go because there would be two construction periods . He was concerned that the City could end up with another Kell Project waiting twenty years for phase two. The first phase does not give the adequate ramps we need. This resolution should support both phases of the construction. Councilor Thompson said that he would like to have this specified in the resolution. Councilor Hawkins commented that the City wants to have a complete overhead project . Motion, with the modification to include the ramps and provide for a single phase construction, carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10a A proposed resolution was presented to award bid for Lynwood East Park Roof Replacement Project (CDBG) . ' Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Daniel . Councilor Hawkins noted that the staff recommends not to approve this item. 150 Item 10a cont ' d. Motion failed by the following vote. Ayes : None Nays : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 10b A proposed resolution was presented to award bid for Jaycee Park and Kiwanis Park Bathroom Roof Replacement Project . Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Shine and failed by the following vote . Ayes : None Nays : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 10c Moved by Councilor Martin to award bid for 1400 chairs for the Exhibit Hall of the Multi-Purpose Events Center to Kruger International in the amount of $69, 930 . 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 lla Doris Booker, 1321 N. 4th, asked why 1319 N. 4th, which had been red tagged since 1992, is still standing. Mayor directed her to Mr. Dave Clark to answer her questions . Martin Litteken, Biggs & Matthews, representing Jessie Odom regarding platting a tract on Hammon and Hatton Roads, asked that this item be placed on the Council agenda again. Mr. Litteken informed that this had been addressed February 6 by the City Council, and they were not aware of it . Mayor stated that Council had discussed Mr . Odom' s position and decided that unless there was some real reason for Mr. Odom to replat, he would not be required to plat at this time . Mayor suggested to Mr. Litteken that they check on this, and if Mr. Odom still wants this placed on the Council agenda to contact him. Murphy Davis, 22 Chauteau Court, Sentry Management, Inc. , referred to the 1994 refunding of the City' s general obligation bonds and the 1995 refunding of the water and sewer system debt. At that time, it was legally impossible to re-fund the entire debt, but we are now in a position to do the rest of the re- funding. In the general obligation bonds we have $8 . 9 million which can be refunded as of September 1 . In the water and sewer bonds we have $5 . 3 million which can also be refunded. Under the refunding regulations you have ninety days to call those bonds 151 Item lla cont ' d. regardless of the amount of refunding. He referred to the handout and went over the time schedule . Mr. Davis said that today he was asking Council for an informal agreement to pursue this if savings are substantial . Council will vote on this on April 16 to determine if it saves enough and if so, then they could proceed. If at that time the City decides not to proceed, the City is under no financial obligation. Mr. Davis went over the savings report and stated that the savings from general obligation bonds would be approximately $1 . 2 million or 120-13o with the given interest rate . If we get above 4% savings it becomes reasonable at that point to proceed with it . The water and sewer revenue bonds savings, given that current scale, would be roughly $800, 000 or 130-150 of the amounts of the securities which are outstanding. Also, the scales we are looking at, the 2006 maturity on the general obligation bonds and the 2007 final maturity on the water and sewer bonds, are the same maturity date as on the outstanding debt . We are not extending debt, we are staying with the debt you have outstanding. We are just refunding the higher interest cost bonds at these lower interest rates . Councilor Martin asked Mr . Davis to comment on the three Presidential campaign proposed income tax revisions and the affects on the City. Mr . Davis said it would have a negative impact on municipal bonds in general . Flat taxes on a net basis would be negative as far as the tax exempt yield you would be able to issue, relative to the taxable alternatives . Part of that has already been assimilated into the market . Councilor Daniel asked what the City' s savings was in the previous refund. Mr . Davis replied that it was over $1 . 6 million, cumulatively it was $3 . 5 million saved in interest cost, present value cost . It means you have that much more to operate with for which you do not have to tax. Mayor authorized Mr . Davis to proceed and bring his proposal back to the Council . Mike Stewart, 3512 Fairway, asked the possibility of the City planting trees along the area between York and Fairway, right behind United. Mayor directed Mr. Bonnett, Mr. Clark, and Mr. Murphy to provide the Council with a report in regards to precedent setting and tree planting policies . Item llb Councilor Shine commended Mr. Bonnett for a well received Engineer of the Year award presented by the Engineer ' s Association. Councilor Martin reminded citizens that this was the last week of early voting and encouraged citizens to exercise their right to vote . Election Day is Tuesday, March 12 . He also mentioned that the Attorney General ' s handbook on "Economic Development Laws" for small cities was available at the Attorney w General ' s office . Councilor Daniel invited everyone to attend the Taste of the Town tonight at the MPEC Exhibit Hall from 6: 00 p.m. to 9: 00 p.m. The cost is $10 per person. All proceeds will benefit the Red Cross . Mayor commented that this was the first official paying event for the new Exhibit Hall . It is a good opportunity to see the design for which it was built . 152 Item 11b cont ' d. Councilor Hawkins asked Staff to check the south bound Taft turn lane at Midwestern Parkway for roughness . He asked about the progress on the drainage problem at Pearlie and 240 . Mr. Bonnett replied that an item has been put on the capital improvement program. He asked how a citizen handles a diseased tree in the right of way. Mr. Berzina informed that the citizen needs to call Mr. Parker and he will inform him what needs to be done. Also, he asked that the street at Loop 11 and the Shamrock Station be checked for roughness . Mr. Parker informed that was a State street, but he would notify them. Councilor Hawkins asked that Staff check the trees and shrubs at Loop 11 and Maurine Street for sight problems . Lastly, he asked when the Presidential Taxi cabs would be permitted. City Clerk informed that they would be permitted March 6 . Councilor Thompson asked about the confidential memo from the Police Department regarding their action on juvenile crimes . City Manager stated that he would provide that information to the Council in confidential status . Also, Councilor Thompson pointed out that he hoped our police are trained to work with persons under emotional duress and that they try to be as gentle as possible with them. Councilor Thompson asked for a Library update . Mr. Dockery informed that the Library Task Force anticipates to have a recommendation to the Council in approximately thirty days, probably first meeting in April . Item llc No items of discussion. Item lld City Council went into executive session at 10 : 13 a.m. , as authorized by Section 551 . 074 of the Government Code . City Council reconvened at 10 : 45 a .m. Item lle Moved by Councilor Thompson that the following persons be appointed to the Commission on Human Needs with terms to expire as set out . Mr. Clifton C. Jackson December 31, 1997 Mrs . Kathy Sowards December 31, 1997 Mrs . Helen Dipprey December 31, 1996 Mr. Norman Q. Wilson, Jr. December 31, 1997 Mrs . Sandra Phillips December 31, 1996 Dr. Eugenia Tickle Appointed Chair Motion seconded by Councilor Martin and carried unanimously. Item llf The Planning and Zoning Commission will be contacted for recommendations to the Landmark Commission. 153 Item 11g Moved by Councilor Thompson that Mr. John Key be appointed to serve on the Board of Adjustments as Alternate No. 2 with term to expire December 31, 1997 . This appointment will place Mr. Donald K. McKinney as a member on that Board and Mr. Ranier Hanold as Alternate No . 1 . Motion seconded by Councilor Shine and carried unanimously. Item llh Moved by Councilor Thompson that Mr . James Irl Montgomery be appointed to the Firefighters ' and Police Officers Civil Service Commission with term to expire April, 1999 . Motion seconded by Councilor Shine and carried unanimously. City Manager advised Council that the Appraisal District still had one position open for a City nomination. Mayor directed that a recommendation would be called in to the City Manager for that nomination, and the Appraisal District will be notified. The City Council adjourned at 10 : 50 a .m. C PASSED AND APPROVED this day of YY h 1996. M ' " hael Lam, yor ATTEST : Lydia" Torres City Jerk