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Min 09/05/1995 989 Wichita Falls, Texas Memorial Auditorium Building September 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. Harvey McMurry, City View Baptist Church. Item 3 Jimmie A. Awtry, Fire Department Equipment Operator, 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. Mayor proclaimed September 9, 1995 as "Rev. James C. Thompson Victory Day" in Wichita Falls in memory of Rev. James C. Thompson. This will be a rally cry for victory over the trials and tribulations of our time. Item 4 Moved by Councilor Thompson that the minutes of the August 15, 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-6g Moved by Councilor Daniel that the consent agenda 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 990 Item 5a RESOLUTION NO. 144-95 RESOLUTION TO APPROVE CONTRACT WITH CORLETT, PROBST & BOYD, INC. FOR ENGINEERING SERVICES RELATED TO STRUCTURAL ANALYSIS OF JASPER STREET WATER TREATMENT PLANT FILTERS Item 5b RESOLUTION NO. 145-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a-6 Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning Commission, August 9, 1995 b. Plumbing and Mechanical Board of Adjustments and Appeals, August 16, 1995 C. Wichita Falls Park Board, August 24, 1995 d. Civil Service Commission, July 24, 1995 e. Water Resources Commission, August 4, 1995 f. Commission on Human Needs, August 7, 1995 g. Wichita Falls Clean Country, August 23 , 1995 Item 7a A public hearing was held on the 1995-1996 Proposed Budget. City Manager reported that the proposed budget submitted to the Council had a reduced tax rate from 67. 215 to 66. 605 and that was prior to the election of the fire fighters salary increase. In order to adopt the budget submitted at those financial levels and to pay the fire fighters salary increase approved by the voters, that budget would have to go to 67. 675 which is up from 67. 215. Staff has prepared three options which Council requested at the last public hearing. In those three options, financing the budget at 66. 605, 67. 215 and 67. 675, Council can settle for any of those three or anything less than 67. 675 which was advertised as a tax rate. Mayor declared the public hearing open for the citizens to address matters concerning the budget. Mayor allowed time for a response and no one wished to be heard. Mayor declared the public hearing closed. Item 7b , Moved by Councilor Hawkins that funding for the Community Action Corporation for Neighborhood Action Groups be approved in the amount of $10,090. Motion seconded by Councilor Johnston. Councilor Thompson stated that as the Executive Director of the Community Action Corporation he would not participate or vote on this item. 991 Item 7b, cont'd. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Abstain: Councilor Thompson Item 7c ORDINANCE NO. 85-95 ORDINANCE TO AMEND SECTION 32-57 OF THE CODE OF ORDINANCES TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS Moved by Councilor Martin that Ordinance No. 85-95 be passed. Motion seconded by Councilor Shine. Mr. Bonnett informed that this adjustment in the utility rate is predominantly for the sanitary sewer item. It is a 6. 10 overall of the sanitary sewer rate which is around 2. 6% in the utility bill overall. There is no adjustment at all in the water rate. The reason for this adjustment is predominantly sanitary sewer study evaluation work which we are embarking upon now. We are borrowing $9 million the first year and somewhere between $25 and $35 million in the next four to ten years, depending upon negotiations with EPA. We anticipated this in the last utility rate study, which recommended a 7% increase overall but we are able to get by with a 2. 6 0 overall this year. However, we can anticipate as that future debt comes on line to have additional pressure on our utility systems as we repay that debt. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7d ORDINANCE NO. 86-95 ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1995, AND ENDING SEPTEMBER 30, 1996 , BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY. This item was discussed by Council in order to determine which of the three options would be utilized in setting the tax rate prior to adopting the budget. City Manager explained the three options prepared by Staff. Option 1 would stay at the present tax rate, which is 67. 215 and would necessitate a $139,040 cut in the proposed budget to balance that budget. Staff has recommended nine areas where these cuts can be made totalling $139,040 . We have done the same process for the other two options. Option 2 would leave the tax rate at the submitted budget rate of 66. 605 which would result in a cut of $289,710 coming out of budget. Option 3 would set the tax rate at 67. 675 which would necessitate one change, and Staff recommends the $30,000 come from the budget contingency account. That amount would finance the disparity on the proposed fire pay. Council can set the tax rate at 67. 675 or anything less, and then mare the cuts wherever they feel it appropriate. These are Staff' s recommendations to the Council. 992 Item 7d, cont 'd. Councilor Martin moved to adopt Option 1. Motion seconded by Councilor Shine. Councilor Shine asked about the possibility of using surplus funds instead of cutting the budget and still stay with Option 1. City Manager said it was always an option to revise the projected revenues, however, he did not want to put the Council in the position to come up short. It is easier to deal with the problem of having a 'Little extra money than trying to find it at budget end. Councilor Shine suggested not cutting anything and plan on using the contingency of the income on items which are decided need to be done. Councilor Johnston stated that we also have the option to add to the budget. Councilor Daniel commented that Council had talked about budgeting capital improvements but decided not to . with the idea that over the last couple of years revenue has increased and we have been able to fund some capital projects through these increased revenues. But now you are saying not only do you not want to budget capital improvements but if there is increased revenues you want to fund operating items. I would like to see us take the budget proposed by the City Manager which shows an actual tax rate decrease down to 66. 605 and add to fund the fire fighter' s salary increase, which would take us up to the 67. 675. We would be adopting a budget which represents a tax rate decrease and adding just enough to fund the fire fighters salary increase. That leaves us the option in the future if revenues do increase of using those revenues for capital improvements. Councilor Hawkins said he would like to see a tax rate that is a decrease from what we have been paying or to hold it at 67.215. I will go with Option 3 at 67. 675, which would fund the budget proposed by the City Manager with the fire fighters increase. Councilor Thompson said he was still a proponent of the 67. 675 tax rate. Councilor Johnston felt the 67.675 tax rate would give Council the budget for which they asked and also allow the increase voted for the fire fighters. Mayor said that he had asked for 66. 605, a reduction of about $290,000 and he believed that was achievable and not particularly in the areas recommended by Staff. However, he said he would fall back on the 67. 215 tax rate under Option 1. Motion to adopt Option 1 failed by the following vote. Ayes: Mayor Lam, Councilors Shine, and Daniel. Nays: Councilors Johnston, Thompson, and Hawkins Moved by Councilor Thompson to adopt Option 3 . Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Councilors Johnston, Thompson, Daniel, and Hawkins Nays: Mayor Lam, Councilors Shine, and Martin 993 Item 7e ORDINANCE NO. 87-95 ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1995-96 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY Moved by Councilor Thompson that Ordinance No. 87-95 be passed by setting the tax rate at 67. 675 per $100 valuation. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Councilors Johnston, Thompson, Daniel, and Hawkins Nays: Mayor Lam, Councilors Shine, and Martin Item 7d ORDINANCE NO. 86-95 ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY This item would adopt the budget utilizing Option 3 . Moved by Councilor Hawkins that Ordinance No. 86-95 be passed Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: Councilor Martin Mayor Lam proclaimed September 3-9, 1995 as "Mexican Independence Week" celebrating Fiestas Patrias in Wichita Falls, commemorating Mexico' s independence from Spain. Item 8a A public hearing was held on proposed natural gas pipeline franchise with Saginaw Pipeline Company, L.C. , a Corporation. Mayor declared the public hearing open for public comment. Steve Morath, Business Development Manager for Lone Star Gas Company, stated that he has provided a letter to Council, City Manager and City Attorney with their Company' s position on this matter. One concern, which has been addressed, is the use of the word commercial in the proposed franchise. They are requesting that the definition of what is an industrial customer be incorporated in the franchise. He said the other two changes should be incorporated as well. City Attorney informed that the ordinance will be presented at the next Council meeting for action. 994 Item 8a, cont'd. City Attorney said that he did not have a problem including verbiage to clarify what an industrial customer is. The objection to language not being in the full franchise which would give the City the right to condemn the company and acquire for public use has no merit. This is an archaic City Charter provision which needs to be removed. City Attorney said he would address the language about right-of-ways. Councilor Hawkins said he would also like to have the industrial customer identified. Councilor Thompson said that one of the businesses located in District 2 contacted him with a concern regarding Saginaw being able to acquire some industrial customers. That person wanted to know why she couldn' t also get on that pipeline. She n runs a laundry and cleaners and she spends a lot of money. She understands that if Lone Star Gas continues to lose customers this will cause them to increase their cost and pass on the cost to other customers. No one else wished to be heard. Mayor declared the public hearing closed. Item 8b A public hearing was held on the fiscal year 1996, Section 9 Grant application to the Federal Transit Administration. Giola Ozuna, 2938 Elliott, said she uses the City' s transit system and she complimented the workers of the City transit system. No one else wished to be heard. Mayor declared the public hearing closed. Item 8c A public hearing was held on the fiscal year 1996-98 Transportation Improvement Program. Mr. Dave Clark informed Council of a correction. He said that Call Field Road should be included in the FY 1996 schedule. Mayor read the projects for 1996 in priority order. 1 . ) Call Field and Lawrence Rd. 2 . ) F.M. 369 near Hughes St. (Enclosure of drainage ditch) 3 . ) 503 8th Street (Restore Kemp and Kell Depot Building) 4 . ) Callfield, Kemp, and Lawrence Rd. (Widening and resurfacing) 5. ) F.M. 369 and S.W. Parkway (Pedestrian and bike trail) Mayor declared the public hearing open. Councilor Martin asked if the area around the enclosure of the drainage ditch along Southwest Parkway, Hughes, McNiel area could be used as a walking trail or something similar. Mr. Bonnett replied that the intent is to provide an additional lane of traffic, west bound for a right hand turn, plus a standard sidewalk. Councilor Johnston asked if the intent was to increase the capacity of that. Mr. Bonnett said that was one of their major concerns, and the Metropolitan Planning Agency approved this project with the contingency that a study would be brought back documenting that the 100 year event can be passed without inundation of structures. We are very concerned that we not encourage the enclosure of a drainage structure that might exacerbate the problem which is prevalent on McNiel, Hughes and other side streets. There is a constriction in the capacity of 995 Item 8c, cont'd. the drainage channel and we want to make sure we do not build anything that would perpetuate that constriction. Councilor Johnston commented that there was a problem getting the water out of Faith Village and everything possible needs to be done not to enhance nor restrict that. Mr. Bonnett informed there was currently some construction in the floodway and it does not meet FEMA requirements. They are working with the State to suggest modifications to bring them into compliance with federal regulations. Mr. Bonnett stated that they were purchasing right of way to do McGrath Creek up to Sikes Lake and future improvements need to be considered in order not to perpetuate existing problems. Council members expressed concern for improvements having proper flow, diversion of flows, and additional bottle- neck problems. Councilor Martin asked if there was a possibility that we may lose our MPW funds because of federal cut backs. Mr. Clark replied that no one knows what the federal government is going to come up with. There is a possibility of losing funds in the future. Item 9a ORDINANCE NO. 88-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ADOPTING NEW COMPREHENSIVE REGULATORY PRACTICES FOR TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP, AND INCLUDING PROVISIONS FOR INSURANCE, REPORTS AND RECORDS, CONSUMER PRACTICES, CONSUMER PROTECTION MEASURES, CONSTRUCTION AND CONSTRUCTION- RELATED PRACTICES, FRANCHISE FEES AND ALTERNATIVE USER CHARGES, OPERATION PROCEDURES, AND HEALTH, SAFETY AND WELFARE MEASURES; PROVIDING A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION IN THE NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE Moved by Councilor Martin that Ordinance No. 88-95 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 9b ORDINANCE NO. 89-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF TURTLE CREEK ROAD, ADJACENT TO THE WEST LINE OF LOTS 44-48, CANYON TRAILS, SECTION THREE Moved by Councilor Thompson that Ordinance No. 89-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. 996 Item 9b, cont'd. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9d was acted upon before Item 9c. Item 9d ORDINANCE NO. 90-95 ORDINANCE WAIVING SECTION 9(B) (J) OF APPENDIX A, WICHITA FALLS CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118) FOR LOT 1, UNIT 33 , WICHITA VALLEY FARMS, WICHITA COUNTY, TEXAS; 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. 90-95 be passed. Motion seconded by Councilor Daniel. Jeanette Strayhorn resides at 4504 Concord, stated that they have had some difficulty in that when they bought this property it was their understanding that a 40 ft. easement would be sufficient to put in a water meter. Now they are being told that it will take a 50 ft. easement. It is not possible now to change it because they have begun their house. Councilor Hawkins cautioned that they would be establishing a 40 ft. wide country road. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays: Hawkins Item 9c ORDINANCE NO. 91-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF F.M. HIGHWAY 1634, ADJACENT TO THE EAST LINE OF AN EASEMENT TO LOT 1, UNIT 33 , WICHITA VALLEY FARMS Moved by Councilor Thompson that Ordinance No. 91-95 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 9e ORDINANCE NO. 92-95 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTH SIDE OF BELMONT STREET, ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 11, UNIVERSITY PARK SUBDIVISION Moved by Councilor Martin that Ordinance No. 92-95 be passed. 997 Item 9e, 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 9f A proposed ordinance was presented waiving Section 27-29 of the Code of Ordinances with respect to placing a sidewalk on the east side of Fairway Blvd. , adjacent to the west line of Lot 1, Block 11, University Park Subdivision. Moved by Councilor Johnston that proposed ordinance be passed. Motion seconded by Councilor Hawkins. Councilor Hawkins stated that he did not want to put the citizens in the position of having to dodge cars when walking in the Fairway area. Motion failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 9g ORDINANCE NO. 93-95 ORDINANCE MAKING AN APPROPRIATION FOR THE REFUND OF MONIES TO WICHITA FALLS ASSOCIATES IN CARE OF C. ROBERT KEENEY FOR THE K-MART PROPERTY ON SOUTHWEST PARKWAY Moved by Councilor Thompson that Ordinance No. 93-95 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 9h ORDINANCE NO. 94-95 ORDINANCE WAIVING SECTION 27-55(a) OF THE CODE OF ORDINANCES WITH RESPECT TO THE STREET NAMING CONVENTIONS TO ALLOW THE NAMING OF "BRIDGE CREEK DRIVE" IN BRIDGE CREEK ESTATES, WICHITA FALLS, TEXAS, RATHER THAN REQUIRING IT TO BE NAMED "MCNIEL AVENUE" AS A CONTINUATION OF THAT STREET; 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. 94-95 be passed. Motion seconded by Councilor Hawkins. Councilor Hawkins commented that the plat provided to Council did not reflect that the street runs all through the subdivision. Because the street would run throughout the subdivision, he is opposed to naming it Bridge Creek Drive. 998 Item 9h, cont'd. Mayor said he understood the desires of the developer in that Southwest Parkway is a major thoroughfare, McNiel would be a good place to make a break. Mr. Clark stated that the question is one of having the further extension of McNiel identified as McNiel or to name it as the developer is requesting for identification of his subdivision. It has not been constructed yet. Jack McCullough, Developer, 4614 Willowbend, said that this was the third street name they have had to come up with to accommodate emergency services. The reason they selected the McNiel entrance was it offered good ingress and egress for emergency vehicles. He said the street was going to be a half mile long and they did not think that naming McNiel was going to be helpful in marketing their product. He said they had an understanding that City Staff would support them in this. City Manager commented that there is a concern if it is lined up with McNiel. Neither the Police or Fire Chief knew this was being proposed. He said if they named this street anything other than McNiel would set it up to be confusing. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Daniel, Martin, and Hawkins. Nays: Councilors Johnston, Shine, and Thompson Item 9i ORDINANCE NO. 95-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, VACATING AND ABANDONING A PORTION OF A DRAINAGE EASEMENT OUT OF BLOCK 1, H-S SUBDIVISION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 95-95 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 9j ORDINANCE NO. 96-95 ORDINANCE WAIVING DEMOLITION AND MOWING LIENS AND mow: INTEREST ASSESSED AGAINST THE PROPERTY LOCATED AT 805 AND 807 OHIO STREET, WICHITA FALLS, TEXAS, 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. 96-95 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 999 Item 9k ORDINANCE NO. 97-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 8, "BUSINESS AND OCCUPATIONAL REGULATIONS, " AT SECTION 8-28 SO AS TO INCLUDE THE MULTI-PURPOSE EVENTS CENTER COMPLEX AS EXEMPT FROM THE SAID CHAPTER; PROVIDING FOR INCLUSION IN THE CODE; AND 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. 97-95 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 10a RESOLUTION NO. 146-95 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH JOHN DAUGHERTY AND EDGAR SHOCKLEY FOR A PORTION OF WEEKS PARK KNOWN AS FUNLAND Moved by Councilor Thompson that Resolution No. 146-95 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 10b RESOLUTION NO. 147-95 RESOLUTION ADOPTING PREVAILING WAGE RATES FOR CONSTRUCTION CONTRACTS FOR CITY OF WICHITA FALLS Moved by Councilor Martin that Resolution No. 147-95 be passed. Motion seconded by Councilor Daniel. Bill Weaver, Business Manager for the Electrical Workers, 4400 Jacksboro Hwy. , asked from where this wage came. Mr. Bonnett replied that there are two wage scales which we have been using, the Davis-Bacon Scale for federal projects, and the other scale has an unknown origin is used for all non-federal projects. We have utilized the General Services Commission and they have offered to make a wage determination to bring us into compliance with HB 560. We are comfortable with the wage rate for an area 5 ft. around the building plus vertical construction. There is a break from 5 ft. outside the building, we are now faced with having to develop a wage rate. The General Services Commission copied the Davis Bacon and sent us that. We were uncomfortable that that was a reflection of the true wage rate for non federal projects locally. We worked with the contractors and asked that they look at the Davis Bacon and give us a percent reduction which was reflective of their wage rate. We have done a survey and used our own City wage rate and we arrived at a wage rate which is for flat construction 5 ft. outside of the building for non federal projects. The three wage rates are as follows: 1. )Federal Monies - Use Davis Bacon Scale; 2. ) Non-Federal Project (Building Project Vertical Construction) - Use Prevailing Wage Determinations; 3 . ) 5 Ft. 1000 Item 10b, cont'd. Outside the Building - Use General Construction Prevailing Wage Rate. Mr. Weaver stated that either a wage survey needs to be done or adopt a specific wage, and in his opinion that is the Department of Labor wage. Mr. Bennett stated that they had worked with Legal and they feel that they have complied with the statute. Mr. Bonnett said that Council will be adopting two wage rates, one for vertical construction and one for horizontal construction. They are different. Vertical construction is 5 ft. around the building and the building itself. General construction or horizontal construction is 5 ft. outside the building line, for example concrete work, streets, sidewalks, parking lots, etc. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays: Councilor Shine Item 10c RESOLUTION NO. 148-95 RESOLUTION APPROVING LETTER OF AGREEMENT NO. 6 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES FOR LANDFILL PERMIT MODIFICATION Moved by Councilor Hawkins that Resolution No. 148-95 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 Councilor Shine stepped out of Council Chambers. Item lla RESOLUTION NO. 149-95 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE 1995 ALLEY REPAIR PROJECT Moved by Councilor Thompson that Resolution No. 149-95 be passed. Motion seconded by Councilor Martin and carried by the .w following vote. Ayes: Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays: None Item llb A proposed resolution was presented accepting bid for oil, gas and mineral lease on a tract of land out of Lot 4, Block 3 , Clark and Plumb Subdivision, Archer County, Texas. Moved by Councilor Martin that proposed resolution be passed. 1001 Item llb, cont'd. Motion seconded by Councilor Thompson and failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Councilor Shine returned to Council Chambers. Item llc RESOLUTION NO. 150-95 RESOLUTION TO AWARD BID TO CONTROL SPECIALIST, INC. FOR INSTALLATION OF HIGH SERVICE PUMP AT JASPER STREET WATER TREATMENT PLANT Moved by Councilor Thompson that Resolution No. 150-95 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 lld RESOLUTION NO. 151-95 RESOLUTION TO AWARD BID TO ACME ELECTRIC COMPANY FOR INSTALLATION OF LAKE ARROWHEAD BYPASS SWITCH Moved by Councilor Hawkins that Resolution No. 151-95 be passed. Motion seconded by Councilor Thompson. There was a concern that only a few bidders were responding to City projects. Council requested that Staff look into this concern. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson Daniel, Martin, and Hawkins Nays: None Item lle RESOLUTION NO. 152-95 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE LANDFILL FINAL COVER - CELL X AND WET CELL PROJECT Moved by Councilor Thompson that Resolution No. 152-95 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 1002 Item llf RESOLUTION NO. 153-95 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE MUNICIPAL AUDITORIUM RESTORATION PROJECT Moved by Councilor Martin that Resolution No. 153-95 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 12a RESOLUTION NO. 154-95 RESOLUTION AUTHORIZING CHANGE ORDER N. 1 TO A CONTRACT WITH ZACK BURKETT COMPANY FOR THE 1995 STREET RESURFACING PROJECT Moved by Councilor Hawkins that Resolution No. 154-95 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 12b RESOLUTION NO. 155-95 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH ZACK BURKETT COMPANY FOR THE 1995 CDBG MILL AND OVERLAY PROJECT Moved by Councilor Martin that Resolution No. 155-95 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 City Council recessed at 10: 50 a.m. and reconvened at 11:05 a.m. Item 13a A discussion was held regarding Call Field Rd. alternatives. Mr. Bonnett commented that Mr. Bill Parker had been working closely with the Department of Transportation on this project and are now at the point where they need guidance from Council on how to proceed with the detail analysis. Mr. Ralph Self, Area Engineer for Texas Department of Transportation, reported on proposed design alternatives for the reconstruction of Call Field Road between Kemp and Lawrence Rd. A copy of this report was provided for Council and a copy is attached herewith and becomes a part of the minutes. 1003 Item 13a, cont'd. Mr. Self recommended Alternative No. 3 in his report. However, if costs have to be cut, he suggested cutting the work that is being done east of the Kemp intersection on the Color Tile corner, which is approximately $200,000 worth of right of way. That work could be done later without tearing up what was discussed being done today. Also, consider cutting Option 3g, it is minor in cost but possibly are expensive right of way. In addition, consider the K-Mart connection, since it is controversial. Mr. Self concluded by informing that in the future Council needs to look at relievers to Call Field to the North and to the South. Mr. Bonnett commented that the City is budgeted for Option 2, however, options can always be added, at a higher cost of course. Mayor asked that Council take this under consideration until the next Council meeting for direction. Staff is to prepare an agenda item on this. Mayor asked for comments from the public. Giola Ozuna, 2938 Elliott, asked that they keep a left turn on to Faith Rd. Bobby Schaff, Real Estate Broker, has property listed in that area. Mr. Schaff mentioned the 1988 Thoroughfare Plan which included the Maplewood reliever and suggested that Council consider that in order to obtain access to that commercial area from Call Field to Lawrence Rd. and to relieve traffic congestion from Call Field to Lawrence and to McNiel. He suggested building the reliever first and follow up with the other items. Mayor commented that he agreed with Mr. Schaff, however, today the Department of Transportation was charged with looking at Call Field Rd. This will be taken up at the next Council meeting and we will receive an overview. Item 13b Sue Ann O' Shea, 1059 Pershing, mentioned a structure which had been used as a drug house and suggested that the City accept the donation of this land from Robert Priddy and build a community center for the residents of Westover Hills and Indian Heights. Ruby Adams said she owns the property at 1507 Twelfth St. She had called the City and asked Mr. Payne for an estimate for demolition to which he quoted $2800. She received a bill from Mr. King for $5,406 . Mayor informed that this happened in 1988 and there is a lien against the property and Mrs. Adams now has an opportunity to sell it. She has all the information and documents and the bid was higher. He thought she was owed an adjustment. Mayor directed Staff to prepare an action item for next Council meeting on this and that Staff reduce this back to the $2800 plus interest she was told. Elvin Dudley, 4001 Call Field Rd. , realtor and builder, said he is interested in a piece of land east of Allen Dr. which consists of 17 lots. There is $19,000 worth of mowing liens against it and he requested that City waive those mowing liens and interest on that property. There was a concern that Council would be letting the owner off the hook if the liens were waived and this would possibly set a bad precedent and give the wrong message to other property owners. 1004 Item 13b, cont 'd. Staff is to bring this back as an agenda item with a breakdown of all the costs involved. Item 13c No matters were presented by Council. Item 13d No matters were presented by Staff. Item 13e No executive session was held. Item 13f Moved by Councilor Martin that Martha Allensworth be reappointed to the Library Advisory Board with term to expire August 31, 1997. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None The City Council adjourned at 12: 20 p.m. PASSED AND APPROVED this L day of 6Q ha.' 1995. now M chael Lam, a ATTEST: 1 l CM Torres Ci Clerk