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Min 07/18/1995 943 Wichita Falls,Texas Memorial Auditorium Building July 18, 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 Gregory Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Dr. Ray Permar, Congregation of Christ. Item 3 Moved by Councilor Martin that the minutes of the July 5, 1994 meeting be approved. Motion seconded by Councilor Shine carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Martin, and Hawkins Nays: None Councilor Thompson and Councilor Daniel arrived at the Council table at this time. Items 4a-6a Moved by Councilor Martin 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 944 Item 4a RESOLUTION NO. 105-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE 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 5a RESOLUTION NO. 106-95 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR CDBG WILLIAMS PARK TRAIL Item 5b RESOLUTION NO. 107-95 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR 1995 CDBG MILL AND OVERLAY PROJECT Item 5c RESOLUTION NO. 108-95 RESOLUTION APPROVING THE AWARD OF BID AND CONTRACT FOR 1995 STREET RESURFACING PROJECT Item 6a Minutes of the meeting of the following board were received. a. Board of Adjustment, June 21, 1995 Item 7a ORDINANCE NO. 75-95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES WHICH REGULATES VEHICLES FOR HIRE; 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. 75-95 be passed. Motion seconded by Mayor Lam. Mr. Dockery went over the changes which Council had directed at the last Council meeting, and informed that these changes are in today's proposed ordinance. Changes include allowinglimousines to park at the Municipal Airport, removing the one hour reservation requirement, and setting the vehicle age for taxi cabs at 96 months and 60 months for cabs in service, and grandfather vehicles currently in service. The Council was in agreement with dropping the one hour reservation requirement for limousine service, but there was a concern with allowing them to park at the Municipal Airport. Following a lengthy discussion relating to these three issues, the one hour advance notice, limousines parking at the airport and vehicle age, an amendment was made to the original motion. In regards to special use vehicles, Councilor Hawkins questioned if an age limit should be put on them. He felt that if the Staff was going to allow vehicles to be used longer than 945 Item 7a, cont'd. the 120 months stated in the ordinance, it should be brought before the Council. Councilor Johnston suggested using the same procedure used when there is a problem with an ordinance with the building code or any other code; it goes before a commission or board and is reviewed. This allows for outside input and a Council liaison. There is no reason why the special use vehicles could not be handled the same way. It could be sent before the Traffic Safety Committee to review, accept, and put in their minutes, and Council can approve and address it at that time. The 120 months could be the exception. Moved by Councilor Thompson that Section 31-74, of this proposed ordinance be amended by striking the words "request by customer at the Wichita Falls Municipal Airport" . This deletion would prohibit the limousines from parking at the Municipal Airport. Motion seconded by Councilor Daniel. Scott Brewer, Presidential Limousine, 2809 Jacksboro Hwy. , expressed the need for allowing the public an option on the mode of transportation available to them at the airport and the benefits to our community. Motion on the amendment carried by the following vote. Ayes: Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: Mayor Lam and Councilor Martin Moved by Councilor Thompson that Ordinance No. 75-95 be passed as amended. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Mayor clarified that Staff has been instructed to use the Traffic Safety Commission in regards to special use vehicles in question, as stated by Councilor Johnston to review and make recommendations. Council will receive the information via the Traffic Commission minutes and address the issue at that time. Item 8a RESOLUTION NO. 109-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY CONTRACTS WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES TO ACCEPT AND DESIGNATE EXPENDITURE OF FUNDS FROM THE TITLE IV-A AT-RISK CHILD CARE PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 109-95 be passed. Motion seconded by Councilor Daniel. The Council chose option two for use of the matched funds where the City would endorse the funds back to Texas Department of Human Services in order to receive a 163% match rate of $27, 694 to be spent on child care in Wichita Falls. The City 946 Item 8a, cont'd. could designate that those funds be spent for care provided through Child Care, Inc. or the City could allow TDHS to distribute the funds to a variety of child care providers enrolled with the Child Care Management System in Wichita Falls. Motion with option approval carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8b A proposed resolution was presented authorizing the City Manager to execute a contract addendum with John Dorsey and Associates to provide additional technical assistance with the procurement and implementation of a management information computer system. Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Thompson. City Manager informed that last year Council set aside half a million dollars in the budget for a computer study and to begin to set aside the funds to acquire the hardware and software and whatever other expenditures were needed. That was done knowing that it was not going to be enough. But in order to get through the first phase, will necessitate approximately $1. 2 or $1 . 4 million. Once the first phase is started, which deals with financing and the general end of the computer system, I do not think there is any turning back. At that point you have already stepped forward with the first appropriation. Whether we go beyond that all the way up to the full expenditures contained in this report will be annual decisions made by the Council of whether or not to put the funds in to do it. We have got to start at some point and there is plenty of time to have more meetings to discuss this in greater detail before we start on the second phase of the consultant' s study. His study presented at the last meeting basically tells you a direction to go and this phase gives you the specifics on the type of equipment, type of softwares and what you are going to need in the first phase to get you through the financial part. City Manager mentioned that there is time to provide more specific information to the Council but there is a deadline to be considered. He mentioned other driving forces such as getting service on the machine and equipment like we used to and we are looking at a point down the road where we have to do it for pure functionality of the system and we have some things driving us in the year 2000. Councilor Daniel questioned if Council was ready to commit to this blueprint. The Council is being asked to commit to a $7 million expenditure over the next five years even if it is just in the form of an outline. He suggested a worksession with Staff to walk through this to bring Council to a point of comfort. He was concerned that in passing this resolution Council was committing to a consultant and to a plan, and he was of the opinion that Council needed a little more time. City Manager said that it was a lot of money and he did not want to minimize it but the figure is somewhere around $4 million if Council purchases the software and hardware to do everything that the report says would be nice to have. However, he does not think the City will do everything the report says. 947 Item 8b, cont'd. Councilor Daniel said that at the last meeting Council was presented with a needs assessment report and two weeks later Council is being presented with, essentially, a design for a new system, and he thought that was too fast. The general feeling of the Council was to table this item and have a worksession with Staff. Mr. Dockery agreed that a worksession would be helpful. He commented that this action would start us into a procurement process for request for proposals and networking in order to purchase that system and replace the core financial. It does not obligate, in fact it provides more flexibility to Council and to the City in future years in terms of connectivity. The direction is designed for open system standards where you could do this project and not do anything else and still have a system which will allow you the option when and if you need to replace a system. Staff was directed to schedule a worksession to discuss this in more detail. Moved by Councilor Johnston to table this resolution until additional information can be received by Council. 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 8c RESOLUTION NO. 110-95 RESOLUTION TO ACCEPT PROPOSAL OF BAKER EQUIPMENT COMPANY FOR SANITARY SEWER TELEVISION SYSTEM Moved by Councilor Thompson that Resolution No. 110-95 be passed. Motion seconded by Councilor Johnston. Mr. Gross gave a synopsis of the Request for Proposals process and informed that there was only one which actually met the RFP. 630 of our system is 6" pipe and one of our key points of evaluating whether this camera could be inserted and operated efficiently in a 6" sanitary sewer line. Of the three RFPs received, one company could not achieve that goal. A second company was not field validated because their price was totally out of line with a system which we knew would meet our needs. The third company which was out of line was $157,000 and would not negotiate on the price. Mr. Gross said the system being recommended to Council performed excellently under all the conditions which were tested. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 948 Item 8d RESOLUTION NO. 111-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENTS FOR PARTICIPATION IN THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAD PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 111-95 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 9a June O'Hare, 4113 Aspen, said that she agreed with Councilor Daniel regarding the Smoking Ordinance. The people have voted and the vote should stand. She asked Councilor Hawkins to check the tall weeds at the Mason Lawn Mower building on Loop 11. Sue Ann O' Shea, 1059 Pershing, and Stella Navarro, 1015 W. Wenonah expressed concern about the gang activity and graffiti in their area. They requested that an ordinance be put on the books on removal of the graffiti. Ms. O' Shea mentioned the vacant building at 1061 Pershing and concern with gang member' s use of vacant property. She felt more officers were needed to patrol the areas and be seen. Ms. Navarro was concerned with the vacant houses being used by gangs for graffiti. They would like for property owners to do something with these vacant properties. Mayor directed Mr. Clark to be diligent about the vacant houses being corrected and boarded up and the process we are in demolishing them. He directed Chief Harrelson to be sensitive to that area and give them all the help possible. Ms. O' Shea suggested juvenile work programs to paint the graffiti. Councilor Martin suggested that they contact the City Judge. Mr. Clark will look into the possibility of obtaining paint for this project from the City paint program. Ed Bond, 3411 Glenwood, owner of Otto' s Grocery, asked questions regarding the requirements in the Smoking Ordinance on displaying of tobacco products. He wanted to know the status of amending that portion of the Ordinance and if that was going to be enforced. Mayor informed him that there was no direction to make changes in that area at this time. There are several areas in which enforcement has not taken place yet. We are currently operating under a complaint basis. Mr. Bond asked about the procedure to exclude displays from the Ordinance. He was informed that three Council members could bring that before the Council. David Battenfield, Big Barn, 3707 Sheppard Access, said he would be . losing $6,000 in contracts a year on displays of tobacco products, and there were others in the same situation. Zachary Taylor, no address, complained that he was still having problems with cats and was concerned with that being a problem. Mr. Edmonson informed that cats do have to have a license. He said they would work with Mr. Taylor. Larry Brumbelow, 5127 Deer Creek, requested that, concerning the Smoking Ordinance, Council consider very carefully not to provide any special treatment by allowing 949 Item 9a, cont'd. exemptions. He asked that the Ordinance be adhered to and complied with arbitrarily across the City, and that legal action be brought to any business not in compliance. Arthur Baker, 1536 Mesquite said that this Ordinance was not being enforced when voters had requested it. He wanted to know why it was not being enforced and who should be enforcing it. He said that this Ordinance needs to be in effect. Item 9b Councilor Martin said that in regards to the graffiti and gang activity complaint, the Police Department needs to be patrolling the criminal activities in the City and not on State Highways 287 and 281 for speeding tickets. The Police Department is not a revenue producing agency it is a protecting agency. Councilor Johnston requested history information on City pay raises. City Manager said he would provide that information and place it in their boxes. Councilor Hawkins reminded citizens and Staff of Hotter 'N Hell Hundred and the bicycle activity of which we all need to be aware. Also, police officers need to inform bicycle riders and make them aware of their responsibilities. Councilor Thompson asked about the removal of "no parking signs" on Harding Street which were a safety factor. He also asked that Staff check the manholes on the east side of the bridge which crosses Harding Street. The covers are missing. In reference to the Smoking Ordinance, he hoped that it would be enforced and that the Health Department would do its part. If this is done, citizens will take this and all ordinances seriously. We should all be supportive of it. Mayor concurred with Councilor Thompson' s statements and said that Council was very serious about making this Ordinance work. He asked for citizen vigilance and patience in seeing that it does work. He directed Staff to take appropriate measures to see that this Ordinance is brought into compliance. Item 9c City Manager informed that Mr. Murphy Davis, City' s outside financial advisor, has worked recently on refinancing bonds and will report on what has transpired. Murphy Davis, 2104 Avondale, Sentry Management, Inc. , handed out a synopsis of the refinancing process on the Waterworks and Sewer System Revenue Bonds Series 1995 . He said that when Council enabled them to refinance a portion of the water and sewer revenue bonds, they were given specific perimeters in which to accomplish certain goals and they were able to accomplish those goals. The action taken by the Council on June 6 permitted Sentry Management to look at ways to save the City money. We have refunded approximately $12. 83 million or we have issued refunding bonds of $12 .83 million, Water and Sewer System Revenue Refunding Bond, Series 1995. He went over the summation of the figures that are related to the refunding. We refunded all the securities which could be legally refunded at the time of the outstanding Water and Sewer System Revenue Refunding Bonds, Series 1986 . There are still some that are outstanding and in 1996 we will have the ability to look at those once they can be culled without any pre-refunding and refinance those depending on the interest rates. Mr. Davis informed that there was approximately $7 million outstanding. What they did was to take outstanding bonds which would not mature until the year 950 Item 9c, cont'd. 2007 and pre-refunded those prior to when the cull date was actually implemented. The money is taken and U.S. Treasury securities are bought in amounts sufficient to pay off all the outstanding debt so that the old debt is now being paid off by the government securities. The new debt is what the City is now obligated for at the new lower interest rates. We had projected $12.74 million and the size of the refunding is dictated by the interest rates of when the refunding is being done. The IRS sets certain arbitrage levels of amounts of monies that the City can make on a spread between what you are issuing and what you have outstanding. That determines what the total amount of the bond issue was and that is why instead of $12 .74 million it is $12. 83 million. The net interest cost initially projected was 5. 60% and within a two week time period we were able to do it at 5. 14%. The bonds are being paid off between now and 2007, which is the same maturity schedule of the new bonds which were issued versus the bonds that were being refunded. The annual cash flow of savings we had suggested at approximately $155, 000 per year, turned out to be around $190, 000. The total dollar savings we had projected at $1 . 9 million came in at almost $2. 4 million. Those dollars are actual cash flow dollars that are being saved by the re- positioning of that portion of the debt which is outstanding. Those are real dollar cash flows on a fiscal year basis that will be in the City which would not have been in the City had you not taken the action you took on June 6. The total present value savings projected at $1. 4 million turned out to be almost $1. 8 million. Present value savings as a percent of the prior issue is 14. 8% and the minimum discussed was 10%. This is a very high present value savings. We are very pleased to report these results to you. Mr. Davis concluded by informing that the City had also _retained its very strong rating of Al and A+ with Moody' s and Standard & Poore' s. Item 9d City Council recessed into executive session at 10: 42 a.m. in accordance with Section 551. 074 of the Texas Government Code. City Council reconvened at 11 : 44 a.m. Item 9e Moved by Councilor Thompson to appoint David R. Seaton and Donald K. McKinney to the Board of Adjustment with terms to expire December 31, 1996. 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 Moved by Councilor Thompson to appoint Martin J. Reilly, Robert S. Buffum, and Steve Scarlott to the Airport Board of Adjustment. Motion seconded by Councilor Daniel and carried by the following vote. 951 Item 9f, cont'd. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9g Moved by Councilor Thompson to appoint Buddie L. Vise with term to expire July 1, 1997, and to re-appoint Marguerita Payne and Cindy Butemeyer to the Wichita Falls Housing Authority Board with terms to expire July 1, 1997. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None The City Council adjourned at 11: 45 a.m. PASSED AND APPROVED this day of 1995. Michael Lam, Mayor ATTEST: )) 4� �"I 1 1 L� Lydi Torres City Jerk