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Min 01/07/1997 405 Wichita Falls, Texas Memorial Auditorium Building January 7, 1997 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 Rev. William Carnley, Maurine Street Church of God. Item 3 There were no public comments . Item 4a Donna McAnulty, Police Department - Records Section, was honored as Employee of the Month. Mayor Yeager presented her with a plaque, City pin, theater and transit tickets, dinner for two and a check. Item 4b Mayor Yeager proclaimed January, 1997 as "National Volunteer Blood Donor Month" in Wichita Falls . Mayor urged citizens to pay tribute to those life savers among us who donate for others in need and urged citizens to donate regularly. She urged civic and service organizations and businesses to form blood donor groups to provide blood for others . Mayor Yeager proclaimed January, 1997 as "Crimestoppers Month" in Wichita Falls . Mayor commended all those involved in this program and commented that because of programs such as these our City has become a safer place to live . 406 Item 5a City Council Minutes were approved as distributed. Items 6a-8e Councilor Hawkins requested that Item 6a be brought down for discussion. Councilor Martin commended Mrs . Jan Stricklin regarding z Item 6d for her efforts in bringing about more interlocal agreements between our area scope of governments . Mayor concurred stating that this is the way of increasing the cooperation between the City and the County, and this agreement is a manifestation of that . Councilor Johnston requested that Item 6c be brought down for discussion. Councilor Daniel requested that Item 7b be brought down for discussion. Moved by Councilor Martin that the Consent Agenda be approved with the exception of Items 6a, 6c, and 7b. 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 6b RESOLUTION NO, 2-97 RESOLUTION TO ACCEPT THE RIVER BEND NATURE WORKS PARKING LOT PROJECT AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION COMPANY Item 6d RESOLUTION NO, 4-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH WICHITA COUNTY TO ADMINISTER THE COUNTY' S DRUG AND ALCOHOL FREE WORKPLACE POLICY FOR COMMERCIAL DRIVER' S LICENSE- DEFINED EMPLOYEES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 407 Item 6e RESOLUTION NO 5-97 RESOLUTION TO APPROVE CHANGE ORDER #1 FOR THE SEWER LIFT STATIONS 40 AND 41 REHABILITATION PROJECT, ACCEPT THE PROJECT AS COMPLETE AND AUTHORIZE A FINAL PAYMENT TO THE CONTRACTOR Item 6f RESOL TZQN NO 6- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO APPLY FOR EIGHTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item Eg RESOLUTION NO 7-97 RESOLUTION ACCEPTING DEMOLITION WORK FOR THE SOUTH SITE AND NORTH SITE PARKING AREA OF THE MULTI-PURPOSE EVENTS CENTER BY B. W. STRAYHORN COMPANY AS COMPLETE Item 7a RESOLUTION NO 8- 7 RESOLUTION TO AWARD BID TO BADGER METER COMPANY FOR ANNUAL SUPPLY OF WATER METERS Item 7c Award bid for the purchase of two (2) each one ton Cab & Chassis to Herb Easley Chevrolet in the amount of $46, 947 .48 . Item 7d Award bid for the purchase of a landfill scraper to Darr Equipment Company in the amount of $413 , 982 . 00 and to C. L. Boyd Company for the sale of old City scraper in the amount of $163 , 651 . 00 . Items 8a-8 Minutes of the following boards and commissions were received. a. Water Resources Commission, December 6, 1996 b. Wichita Falls Clean Country, December 4 , 1996 c . Wichita Falls Clean Country, December 16, 1996 d. Library Advisory Board, December 10, 1996 e . Civil Service Commission, December 13 , 1996 408 Item 6a RESOLUTION NO 1-97 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH EMD, INC. FOR 1996/97 ELECTRICAL IMPROVEMENTS PROJECT Moved by Councilor Martin that Resolution No. 1-97 be passed. Motion seconded by Councilor Thompson. Councilor Hawkins stated that the City has a basic standing policy that an engineer that bids the job cannot perform the job, however, that is not included in this contract . He said he would like to have this added to the contract . Moved by Councilor Hawkins to amend the original motion by adding that an engineer who designs a job cannot bid that job. Motion seconded by Councilor Shine . Councilor Hawkins clarified that his motion was to apply to all design and construct contracts . Several councilors were concerned that this would eliminate persons providing the City a turn key job and this could be a problem. Mayor suggested that Councilor Hawkins' motion be directed -; solely to the contract with E .M.D. which was before the Council this morning. Councilor Hawkins agreed, and modified his motion - to apply to the contract with E.M.D. only. Motion carried by the following vote. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6c RESOLUTION NO, 3-97 RESOLUTION TO APPROVE CHANGE ORDER 1 FOR SOUTHWEST LIFT STATION AND FORCE MAIN PROJECT Moved by Councilor Martin that Resolution No. 3-97 be passed. Motion seconded by Councilor Shine . Councilor Johnston commented that Staff did a good job in trying to find an alternate way to save $3000 . However, he believes that we are not going to, in effect, save much money on this because of the cost of borrowing the money, construction costs, additional right-of-way costs, and engineering costs . Over the life of that loan we are not going to save any money; it is going to cost as much to borrow the money as the $3000 savings . City Manager agreed that it does appear to be a break 409 Item 6c on 'd. even situation. He added that the $3000 annual fee to the Railroad is subject to revision every third year. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7b Moved by Councilor Martin to award bid to Wholesale Electronics, E. C. I . , for a Computer Based Digital Video Edit System in the amount of $49, 995 . Motion seconded by Councilor Thompson. Councilor Daniel asked if there were similar systems in the City which could be utilized on a contract basis for their services . City Manager commented that we may be in the process of over-borrowing or wearing out our welcome and paying out fees which would equal this amount . Mr. Troy Jensen informed that there are systems available like this in the community but at an expensive hourly rate . He rented one previously at a cost of over $100 per hour with many hours of use needed. Mr. Jensen explained that they use that type system to do some of the front end programming on commercials and some of the more complicated pieces . They then go to the Police Department which has a recorded system that is old, dated and has limited use . We need our own system in-house for efficiency, to increase the programming, and to get things done that we are doing now. Mayor commented that as we continue to fine tune our presentation through the City channel we are fulfilling one of the Council goals to provide information to the citizens about the workings of the city and to present our City in a very positive and aggressive manner. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None City Attorney introduced Lee Pierson, his new assistant city attorney. 410 Item 9a ORDINANCE NO, 1-97 AN ORDINANCE WAIVING SECTION 4220 (I) , OF THE ZONING ORDINANCE, GOVERNING THE PLACEMENT OF A CARPORT IN THE FRONT SETBACK AREA AT 1413 GUNNISON DRIVE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No . 1-97 be passed. > Motion seconded by Councilor Thompson. Councilor Hawkins said that the Planning & Zoning Commission recommends that the waiver be approved. Mr. Dave Clark stated that the Planning & Zoning Commission does not have the authority to provide for a conditional use permit for a carport in the front yard area when there is paved alley access to the rear. When that access exists the only option is City Council waiver. Jerry James, 1413 Gunnison, informed that the neighbors had paid to get the alley paved with the idea of alley trash collection. However, when the alley was paved, the sanitation trucks could not make the north end turn because the turns are too sharp . Therefore, our trash is now collected at the front . Motion carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, h° Daniel, Martin, and Hawkins Nays : None Item 9b ORDINANCE NO 2-97 AN ORDINANCE ANNEXING 31 . 76 ACRES OUT OF B .B.B . & C.R.R. CO. SURVEY ABSTRACT 30 ON PETITION OF THE LAND OWNER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 2-97 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 411 Item ORDINANCE NO - 7 AN ORDINANCE REZONING A 55 . 0 ACRE TRACT OF LAND OUT OF B.B .B . & C.R.R. CO. SURVEY ABSTRACT 3 , WICHITA COUNTY, TEXAS 31 . 76 ACRES BEING ANNEXED INTO THE CITY, FROM HEAVY COMMERCIAL TO GENERAL COMMERCIAL ZONING (CASE R 96-16) ; 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. 3-97 be passed. Motion seconded by Councilor Hawkins and carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item A proposed ordinance was presented making an appropriation from the Water and Sewer Fund to the 1996-97 budget for the purpose of purchasing land in the vicinity of the Cypress Water Treatment Plant Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Hawkins . Councilor Shine felt that Council needed more information on this item. Moved by Councilor Shine to table this item until more information could be obtained. 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 ORDINANCE NO 4- 7 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 412 Item 9e cont' d. Moved by Councilor Martin that Ordinance No. 4-97 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9f ORDINANCE NO, 5-97 ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO 1996/97 BUDGET FOR THE PURPOSE OF A PUBLIC WATER LINE EXTENSION TO A NEW MANUFACTURING FACILITY AT THE INTERSECTION OF S .H. LOOP 240 (EASTSIDE DRIVE) AND AIRPORT DRIVE Moved by Councilor Martin that Ordinance No. 5-97 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 l0a RESOLUTION NO, 9-97 RESOLUTION TO APPROVE ENGINEERING CONTRACT FOR WATER LINE TO SERVE NEW MANUFACTURING SITE Moved by Councilor Johnston that Resolution No. 9-97 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Tt-Pm lOb RESOLUTION NO, 10-97 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR SANITARY SEWER IMPROVEMENT COLLECTION SYSTEM REPLACEMENT PROJECT 413 Item 10b ont' d. Moved by Councilor Thompson that Resolution No. 10-97 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 10c RESOLUTION NO 11- 7 RESOLUTION TERMINATING A CONTRACT WITH MEMOREX TELEX AND AUTHORIZING PURCHASE OF COMPUTER EQUIPMENT AND RELATED SOFTWARE THROUGH THE STATE PURCHASING AGREEMENT Moved by Councilor Martin that Resolution No. 11-97 be passed. Motion seconded by Councilor Shine . Mr. Jim Dockery provided a brief history on this project and brought Council up to date . He informed that Memorex Telex was responsible for a full turn-key networking and connectivity system. After the execution of that contract and the initial phases of wiring and cabling of the project, the City was notified that Memorex Telex was selling its operation and filing for protection under Chapter 11 of the Bankruptcy Code . City was put on hold for the networking part until the Court made a determination on who was going to purchase the City' s contract . Matco Technologies purchased our contract, however, they indicated they were not in the integrating business and were not interested in assuming our contract . Staff recommends that they be authorized to purchase the remaining components through the State Purchasing Agreement and complete the integration in-house with some outside technical assistance . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lla Moved by Councilor Martin to authorize the City Manager to execute settlement agreement of the Weeks Park Golf Course Management Contract with Evergreen Alliance Golf Limited. Motion seconded by Councilor Johnston. 414 Item lla cont' d. City Manager informed that there are four years left on the ten year contract with Evergreen Alliance Golf Limited. However, we have reached a situation where both sides are not happy with the arrangement, and it is a mutually agreeable recommendation. We have an agreement that the City would keep all the equipment, which our people say is worth $8000-$9, 000 . However, this may not be replacement value . All logo inventory that is in the pro shop, along with all food and beverage inventory, and the equipment in the building will be left . A golf cart agreement has been offered to the City which we will look into to see if it is advantageous to us . There is about $16 , 000 in goods or equipment inventory. Any outstanding differences in bills will be paid, and in addition, Evergreen Alliance Golf Limited will pay the City $32 , 000 . That is essentially the agreement, and if approved today, we expect it to go into effect no later than Friday. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Councilor Martin commented that the Golf Course Committee will stay in tact and will be meeting monthly with whomever will be in charge at the golf course . City Manager suggested that during the interim period, the daily green fees be what is charged and that there not be passes at the golf course . Moved by Councilor Martin that the fees be left as they are currently established per the contract, with no passes during the interim period. 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 llb Councilor Hawkins mentioned that there are still some drainage problems which need to be checked, especially at the corner of Pearlie and S .H. 240 . Councilor Thompson suggested that affirmative action reports be provided to reflect the positive changes which have been made here at City Hall . He asked that we continue to pursue addressing the issues of drugs and gangs as vigorously as possible . He will discuss this with Chief Harrelson. Councilor Shine stated that we need to look back to reflect on the progress of the past year in addition to the positive and negative . He suggested that Council goals be updated. 415 Item llb cont'd. Councilor Martin mentioned that in 1997 there will be some good changes in the City and he encouraged the support of the citizens in those changes . He encouraged people to get involved in their government . He commended Brenda Jarrett and the Police Department for their efforts in getting the Police Department and some of the gang members together to play basketball . He invited everyone to attend the T.M.L. Region IV meeting in Vernon, Texas on February 13 . There will be a legislative briefing for the coming year. Councilor Martin stated that he had concerns regarding cable television. He would like to have the cable television committee revamped to make sure that we are getting what we contracted. Also, he asked that Channel 11, the Council Meetings, be broadcast on the television service that has the disk. He commented that people with the dish have pre-emptied us through Congress where we can no longer have a franchise agreement with them for the use of our streets . That is another unfunded mandate taking away some of the revenues entitled to the City. City Attorney addressed Councilor Martin' s concern regarding programming. Under the 1992 Cable Act and 1995 Cable Act as amended, municipalities are expressly prohibited from dictating programming to cable companies, and the existing franchise does not address programming whatsoever. Councilor Daniel stated that Council has established goals and plans which need to be reviewed in the immediate future. Also, we have committed to go into a budget planning process in the early spring to review the operations of the City to make policy decisions which will assist us in the budgeting process, and he asked that Staff take the lead in that direction. Councilor Daniel commented that more and more citizen calls are being received by Council, most of which have been identification problems to help identify and focus in areas where the city needs to make improvements . We have made great strides in utilizing citizens on committees and this needs to be continued. Mayor agreed that it is time to look at Council goals and begin making plans to have another retreat after the May election. Regarding the Gang Task Force, we will be meeting again and will continue our endeavors to come to some agreement on possible solutions to that problem. One of the biggest challenges we face as a Council is to sort out means of cooperation with the County and the School Board, and I hope we will be very aggressive in the search for that cooperation. Mayor expressed appreciation to those who have served on the various committees and to the Staff for their support and time in working with the committees and the Council to make this a better community. 416 Item llc City Manager gave an update on the radar at Municipal Airport . The City has been in contact with Mr. Briggs and we are very close to an agreement . We just need to make a finalization on that . The Mayor and I will be working with this group to work out the wishes of the Council . Councilor Thompson invited everyone to attend the M.L.K. Breakfast on Saturday, January 18, 1997 at the Multi Purpose Events Center. The City Council adjourned at 9 :45 a.m. PASSED AND APPROVED this day of , 1997 . KAT RYN A. WAGE MAYOR ATTEST: Lydia Torres City Clerk