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:
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Lydi Torres
City Jerk