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Min 11/19/1996 372 Wichita Falls, Texas Memorial Auditorium Building November 19, 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 : Kay Yeager - 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 Yeager called the meeting to order. Invocation was given by Major James Parrish, Salvation Army. Item 3 Joe Montgomery, 2826 Newsom Circle, presented a petition to the Council requesting that Wolfe' s Nursery, 4100 Kemp, remove or disconnect their P.A. system and that it not be used again. Mr. Montgomery stated that they had speakers mounted on a pole behind his house and they have to listen to that twelve hours a day whether they want to or not . He said it was a public nuisance and not necessary to run the business . It is an on- going problem twelve hours a day, seven days a week. The petition was signed by residents living on Newsom Circle, the south and west sides of Wolfe' s Nursery. He asked Council to help in any way that they could. Item 4 The minutes were approved as corrected by the City Clerk. The correction reflected that City Manager was not in attendance and that Mr. Jim Dockery, Assistant City Manager represented him. 373 Items 5a-7g Councilor Martin requested that Item 7a be brought down to the regular business agenda. Councilor Hawkins pointed out that the majority of the bids on the consent agenda will be awarded to local businesses in our area and they appear to be very favorable . Councilor Hawkins congratulated the City staff for their hard work on this . Moved by Councilor Shine that the consent agenda be approved with the exception of Item 7a. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 5a RESOLUTION NO, 174-96 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM OF CORLETT, PROBST AND BOYD, INC. FOR 1996/97 BUDGET UTILITIES IMPROVEMENT PROJECT Item 6a Bid was awarded to Four Star Motors in the amount of $23 , 465 . 14 for one, two-door utility vehicle . Item 6b Bid was awarded to Ron Roberts Ford, Inc . , in the amount of $17, 588 . 50 for one, one-ton cab and chassis . Item 6c Bid was awarded to Ron Roberts Ford, Inc . , in the amount of $215, 405 . 40 for fourteen, 4-door sedans . Item 6d Bid was awarded to Ron Roberts Ford, Inc . , in the amount of $32 , 251 . 40 for two cargo vans . Item 6e Bid was awarded to Ron Roberts Ford, Inc . , in the amount of $155, 278 . 00 for ten, % ton pickups . Item 6f Bid was awarded to Five Star Ford in the amount of $15, 581 . 00 for one, % ton cab and chassis . 374 Item 5a-7g cont' d. Item 6g Bid was awarded to Ron Roberts Ford, Inc . , in the amount of $16, 936 . 50 for one, % ton pickup. Item 6h Bid was awarded to Ron Roberts Ford, Inc . , in the amount of $14, 021 . 90 for one, 4 ton pickup. Item 6i Bid was awarded to Ron Roberts Ford, Inc . , in the amount of $291, 922 . 50 for fifteen, police patrol Cars . Items 7b-7g b. Wichita Falls Park Board, October 31, 1996 c . Wichita Falls Arts Commission, October 29, 1996 d. Planning and Zoning Commission, October 9, 1996 e . Wichita Falls Traffic Safety Commission, October 2, 1996 f . Planning and Zoning Commission, September 25, 1996 g. Wichita Falls-Wichita County Public Health Board, November 1, 1996 Item 7a Moved by Councilor Martin that the minutes of the Civil Service Commission meeting of November 7, 1996 be received. Motion seconded by Councilor Johnston. Councilor Martin asked for an explanation of the Alternate Promotional System. Mrs . Jan Stricklin explained that the Alternate Promotional System is set up through Chapter 143 State Law that allows police officers, in the rank below the position that they would take a promotional exam for, to petition the Civil Service Commission and ask for a vote. They then vote and the majority determines whether or not an Alternate Promotional System from what we currently have is set in place. That Alternate Promotional System would be designed with the assistance of those men, and we did have an Alternate Promotional System for sergeant position. Also, every six months they are permitted to ask for a vote again and if it is voted out, then it is removed. That is what occurred this particular time . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 375 Item 8a ORDINANCE NO. 161-96 AN ORDINANCE WAIVING THE 25-FOOT EXTERIOR SIDE SETBACK REQUIREMENT OF THE ZONING ORDINANCE, APPENDIX C OF THE CODE OF ORDINANCES, FOR PROPERTY LOCATED AT 3801 JACKSBORO HIGHWAY; 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. 161-96 be passed. Motion seconded by Councilor Daniel Councilor Hawkins said, that upon Mr. Steve Seese' s recommendation, that Section 5 be added to this Ordinance which would tie their plan to our ordinance . Said section would read as follows . Section 5 : The waiver for encroachment into the exterior side setback is granted contingent upon the Winn Dixie Corporation' s installation of irrigation and landscaping in conformance with a site plan dated October 24, 1996 submitted by the Winn Dixie Corporation, and included herein as Attachment B . Such landscaping shall be installed prior to issuance of the certificate of occupancy or assurance given that due to seasonal conditions the landscaping would be completed in six months following issuance of certificate of occupancy. The irrigation system would be installed prior to issuance of certificate of pow occupancy. Mr. Clark stated that Winn Dixie has submitted this and is willing to do this . It would be an asset to enhance the Jacksboro Highway area. Therefore, since they are asking for a waiver it would be prudent for them to follow through with this and we think they will . We recommend the change . Moved by Councilor Hawkins that Ordinance No. 161-96 be adopted as amended with the addition of Section 5 as read. Motion seconded by Councilor Martin and carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9a RESOLUTION N0, 175-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE CUSTOM METAL SERVICES, INC. AS AN ENTERPRISE ZONE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF COMMERCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 376 Item 9a cont'd. Moved by Councilor Johnston that Resolution No. 175-96 be passed. Motion seconded by Councilor Shine and carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9b RESOLUTION N0, 176-96 RESOLUTION APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION AND AUTHORIZING THE CITY MANAGER AND THE ARTS COMMISSION TO ENTER INTO CONTRACTS WITH SUCH AGENCIES Moved by Councilor Hawkins that Resolution No. 176-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10a Councilor Thompson referred to a letter from the Wichita Falls Chapter of the American Institute of Architects which mentioned the condition of Weeks Park. He asked for an update on the on-going problem at Weeks Park Golf Course . City Manager informed that they were now at the point of waiting for a final evaluation from the committee in way of recommendation and the company in way of a more aggressive decision that they want to stay there . We met with the company officials and the committee and I think they will stay if we want them to stay, however, if they stay there are certain conditions they will have to meet . Once all that is digested by each of the groups it will be brought back to Council with a recommendation and for a decision by this group. Councilor Thompson mentioned the stories in the newspaper on police review and suggested that those persons should contact their individual councilors and then we can decide what, if anything needs to be done . Considering the gang problems across the country we cannot be derelict in our duty and ignore symptoms of talks and rumors; however I do not expect to carry on an investigation, but we need to be aware that people have called and indicated that they have been abused. They could be exaggerating or they could be telling the truth, but there should be a way for them to appeal to their councilors . Maybe 377 Item 10a cont' d. when we get a new chief we can sit down and talk about some of things we have seen and heard. Hopefully, the public will look at this as a positive way to handle this and not feel as though it is a hopeless situation. Councilor Martin stated that we had one of the finest police departments in the State . There is always three sides to every story, yours, mine and the facts . We need to develop a sense of trust and respect . He believed that persons would not be stopped by an officer unless there was some type of violation of the law. Citizens need to start respecting the law and cooperating with them. Councilor Martin informed that he had attended TML and the Resolutions Committee approved thirty-six resolutions which he has given to the City Manager for review. City Manager will inform Council which ones are beneficial to the City in order that we may contact our legislators to encourage passage of them. Councilor Martin commended Mrs . Jan Stricklin for having served on the TML Board of Directors . He saluted and congratulated Mrs . Stricklin for serving in that capacity and for representing the City so well . He congratulated Jack Murphy for being appointed to the Board. He stated that this says a lot for our Staff . Also, he served on the Attorney General' s Advisory Council of Municipal Affairs, and this year they are putting out a worksheet on annexation, zoning, hazardous structures, and condemnations, which are vague issues . He hopes that this publication will meet the same acceptance as the one on industrial development . Councilor Shine stated that he was on the Golf Course Committee and we have met diligently with the people with which we have contracted. We should have a recommendation with all the necessary information for the Council very soon. Everyone in town knows the condition of the golf course, and the Committee is well aware that something needs to be done . Councilor Shine thanked Custom Metal for being here in our City. Councilor Hawkins said that Councilor Thompson had brought up the alleged police problems, and he also has received some calls on that . He plans to give that information to the Chief in order that he might send it to the appropriate section. Councilor Johnston mentioned that he also was on the Golf Course Committee and they are committed to seeing that course improved. There will be action taken to see that it is improved. Because of the condition that it is in now it may not happen as fast as we like next year, but it will be better next year and even better the following year. Regarding the police problem, he believes we should let the new police chief get in and get organized, and then we can readdress this issue of outside review. Councilor Daniel stated that he spoke to a group from Construction Specifications Institute, who represent contractors, engineers, and architects . They expressed concerns regarding the permit and inspection procedure . He recommended that they get a representative group together to meet with Mr. Dave Clark and express these concerns . 378 Item 10a con' t . Councilor Daniel gave a brief update on the Library Committee . He stated that the design phase on modification has been on-going for a number of months . He gave the following update . 1) Design is in final stages and will be ready to put specifications together at the end of the year; 2) A minor change is that the children' s area was expanded to meet the criteria put out in the original consultant' s report; 3) Another minor change was to change out some switch gear. Councilor Johnston stated that the switch gear is outdated and replacement parts are not available . Councilor Daniel continued, as a result of the changes, the estimated bid price has increased. We have asked the Architects that when the bid packages are put together that they include bid alternates so that if they are too high we can cut back. There are four recommended alternates - the mansard roof, the parking lot landscaping, replacement of the air condition on the first floor; and changes to the genealogy room. We do have the capability of modifying the whole project . There was a potential of a state and federal grant for several hundred thousand dollars . If we would have applied for it, the review process would not have allowed bidding until May. Also, if we had received the grant the City would fall under the Davis-Bacon Act to pay higher wages and it would be more costly. Not having applied for the grant will allow us to bid in January, and capture a window in the construction industry which might save us money because of possible lower bids . The Committee decided not to apply for the grant and to give the Architects the authority to prepare for letting the bids at the first of the year. That is where we are . Councilor Martin will see that this resolution is taken off the Nortex agenda. Councilor Hawkins stated that if we had applied for the grant it could cost the City money if we got a smaller amount, and would have ended up with a negative to the City. Councilor Daniel said that there had been letters to the newspaper about the location of the library and we literally do not have a choice . It is not a matter of trying to find a better building but a building which will house the library. The Council did not try to find the optimum location, we did not feel we had that luxury because we had to move the library in order to protect the volumes . We made a decision as a Council over a year ago to move the library to the Activity Center if it could accommodate the volumes . The Committee told us that the Activity Center could accommodate the library and we decided to move it there . There may be a better location but we might still be talking about it now instead of getting ready to move the library. Mayor Yeager expressed appreciation to Mrs . Jan Stricklin for her years of service on the TML Board and to Mr. Tom Edmonson and Mr. Bob Parker. Also, she recognized Mr. Jack Murphy who will begin to serve on the Board. It speaks well of the professional capabilities of our staff and certainly brings an area of recognition to the City which puts us to the fore front of the State . 379 Item 10a cont' d. Mayor mentioned the Contractors Specifications Institute and said she had been working with Ralph Perkins, president, and he is trying to get their comments and objections to the procedures so that we can then move forward on that . Item 10b City Manager informed that at the next Council meeting he will bring to the Council a financing plan which will authorize financing of the four capital improvement projects which Council has identified. Mr. George Bonnett introduced Mr. David Lehfeldt who reported on automation of the City' s refuse collection system. Mr. Lehfeldt provided detailed information on the automated collection. They are currently drawing up some new routes which will change 3000-4000 of the current curbside and collection routes into four automated curbside collection routes . This will result in the elimination of six of the hand collection routes and three hand collection vehicles and four of the hand collection workers with associated reductions in costs . We are going to take three of the routes from the Monday, Thursday schedule and three of the routes from the Tuesday, Friday schedule . our plan is to provide each of the households with a 95 gallon roll-out cart; smaller 65 gallon carts would be available for the elderly and handicapped. He recommends that containers be provided at no cost . We plan to continue the twice a week collection for now. He believes the up-front savings will more than pay for these containers . However, after the initial distribution, there should be a charge for additional containers . Part of the program we have applied for grant money from TNRCC to incorporate our curb side recycling program into our automation. As we automate the City we have to bring our recycling on board as well . Mr. Lehfeldt mentioned that there is room for growth and other options which will be considered. He touched on the safety and stability of the carts, the overflow during holidays, curbside collection during heavy rains, a variable rate structure and dual use of trucks on curbsides and alleys . Mr. Lehfeldt said that he would consider all the options and concerns mentioned today. He stated that the trucks they were bidding were not locked into a single use . Mr. Bonnett closed by saying that they are very sensitized to the difficulties of any change in service . Communication between Council, Staff, and the citizens is vital if we are going to produce a good system. We need to look at all the alternatives and be prepared to display flexibility as we go through this . City Manager stated that this will be brought to Council periodically, along with some field demonstrations . Council will have a chance to consult on this and approve this before we do anything on it . 380 Item 10c The City Council went into Executive Session at 9 :45 a.m. as authorized by Section 551 . 074 of the Government Code . The City Council reconvened at 10 : 35 a.m. with no further action. The City Council adjourned at 10 : 35 a.m. PASSED AND APPROVED this day of ? 1996 . KA HRYN A. Y AGE MAYOR j ATTEST: LUE�� Lydia Torres City Clerk