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Min 01/03/1995 759 Wichita Falls,Texas Memorial Auditorium Building January 3 , 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 Leon Mallonee - Councilors Terrance E. Loughry - 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. Jerry Royal, First Baptist Church. Item 3a Laura Duncan, Police Department Communications Section, was honored as Employee of the Month. Mayor Lam presented her with a plaque, City pin, theatre and transit tickets, dinner for two, and a check. Mayor Lam proclaimed the month of January as "Crime Stoppers Month" . Mayor Lam introduced Mr. Larry Updike, General Manager of the Multi-Purpose Events Center, and welcomed him to the City of Wichita Falls and to his new position. Item 4 Moved by Councilor Thompson that the minutes of the December 20, 1994 meeting be approved. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None Items 5a-5b Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Mallonee and carried by the following vote. 760 Items 5a-5b, cont 'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 5 Minutes of the meetings of the following boards and commissions were received. a. Board of Adjustment, December 20, 1994 b. Planning and Zoning Commission, December 14, 1994 Items 8b through 8f were taken out of sequence in order to accommodate a group of persons involved with these items who needed to attend another meeting this morning. Item 8b Moved by Councilor Martin to award bid for the General Construction of the Exhibit Hall for the Multi-Purpose Events Center Project to Electra Construction Company, Inc. in the amount of $4, 626 , 013 . 00 Motion seconded by Councilor Mallonee and carried by the following vote. Ayes : Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8c• Moved by Councilor Thompson to award bid for the Mechanical/Plumbing Contract of the Exhibit Hall for the Multi- Purpose Events Center Project to Palco Mechanical Contractor, Inc. in the amount of $859,778 . 00 Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8d Moved by Councilor Martin to award bid for the electrical work for the Exhibit Hall of the Multi-Purpose Events Center Project to Ace Electric, Inc. in the amount of $978 , 061. 00 . Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8e Moved by Councilor Martin to award bid for relocation of the Austin Street storm sewer for the Multi-Purpose Events 761 Item 8e, cont'd. Center Project to J. Lynn Construction Company in the amount of $357, 347. 00 Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8f Moved by Councilor Thompson to award bid for the Agricultural Center concession of the Multi-Purpose Events Center Project to Wichita Restaurant Supply, Inc. in the amount of $49,679 . 00. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Councilor Daniel asked for an update on the overall financial status of the Multi-Purpose Events Center. Mrs. Kay Yeager, Chair of the Multi-Purpose Events Center, replied that they have been updating that the past several weeks and Council will receive an update in the very near future. Funds are on hand to continue with what has been presented to Council this morning. Mrs. Yeager expressed the Committee ' s appreciation for the Council' s support on the items passed this morning. They will arrange a tour of the facility before the 28th for the Council. They look forward to the Council ' s continued support in the second phase of this project. Regular agenda was resumed at this point. Item 6a ORDINANCE NO. 1-95 ORDINANCE REZONING 5. 07 ACRES OUT OF WESTMORELAND PARK AND ADJACENT PROPERTIES, A SUBDIVISION OF BLOCKS 5 & 8, DENTON COUNTY SCHOOL LAND, LEAGUE 1, FROM HEAVY COMMERCIAL (HC) TO SINGLE FAMILY RESIDENTIAL (SF-2 ) . (CASE R 94-11) ; 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. 1-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 762 Item 6b ORDINANCE NO. 2-95 ORDINANCE REZONING 17. 94 ACRES OUT OF WESTMORELAND PARK AND ADJACENT PROPERTIES, A SUBDIVISION OF BLOCK 8, DENTON COUNTY SCHOOL LAND, LEAGUE 1, FROM SINGLE FAMILY RESIDENTIAL TO GENERAL COMMERCIAL; 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. 2-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson Daniel, Martin, and Hawkins Nays: None Item 6c ORDINANCE NO. 3-95 ORDINANCE APPROPRIATING FUNDS FROM GENERAL FUND EQUITY FOR THE CITY' S PARK MATCHING PORTION OF THE RECONSTRUCTION OF KEMP BOULEVARD FROM 9TH STREET TO KELL; 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. 3-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson Daniel, Martin, and Hawkins Nays: None Item 6d ORDINANCE NO. 4-95 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE Moved by Councilor Thompson that Ordinance No. 4-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 763 Item 6e ORDINANCE NO. 5-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 29, ARTICLE XI, SECTIONS 29-256 THROUGH 29-275 , REGULATING THE WRECKER BUSINESS IN THE CITY OF WICHITA FALLS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; DECLARING AN EMERGENCY; 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. 5-95 be passed. Motion seconded by Councilor Mallonee. Mr. Alan Palmatary, 5300 Summit Dr. , expressed his continued concern regarding the bidding process and how this had been handled. He requested that this bid be held up for renegotiation of the contract. Mayor stated that staff and management feel we have a workable contract and we have a good representation of bids. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson Daniel, Martin, and Hawkins Nays: None Mayor Lam took Item 8g out of sequence as it related to the previous ordinance on wrecker service. Item 8g City Manager informed Council that Mr. Collins had notified this morning that for certain reasons he could not accept the bid. Chief Harrelson confirmed this and stated that Mr. Collins ' reasons were personal and his desires to drop out did not have anything to do with the wrecker service contract or the way it was written. City Manager stated that the second lowest bidder was Donnie ' s Body Shop. Mr. Donnie Melton said that he had five wreckers and two more on the way, and he was able to provide the services for the amount he quoted. RESOLUTION NO. 5-95 RESOLUTION AWARDING BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DONNIE'S BODY SHOP FOR THE TOWING OF VEHICLES FOR THE POLICE DEPARTMENT Moved by Councilor Thompson that Resolution No. 5-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7a RESOLUTION NO. 1-95 RESOLUTION APPROVING THE REFUND OF MONIES TO THE F.D.I .C. FOR SETTLEMENT IN A LAWSUIT. 764 Item 7a, cont'd. Moved by Councilor Thompson that Resolution No. 1-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson Daniel, Martin, and Hawkins Nays: None Item 7b City Manager requested that this item be tabled until the next Council meeting. Item 7c- RESOLUTION NO. 2-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE RIVER BEND NATURE WORKS PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 2-95 be passed., Motion seconded by Councilor Mallonee. Councilor Thompson asked for a progress report. City Manager informed that progress had been slow because we are trying different rounds of grants from the state and we are on the third round. We were below the point allocation on the second round and the grant has been resubmitted. We could have started with some of the local funds available, but once we do that we lose the match capability of those funds so the committee and board working on this made the decision to resubmit. We do not know how that will go in January, but we are encouraged it could be a favorable funding. Once we get the grant it will be used to build the pavilion, the trails in the lower section, the teaching aids, and the signage. Next we will concentrate on the enclosed portion for which we will have to secure other grants. There are other grant applications pending and two or three major contributors that we think may come through for us. It is a "patchwork" project in the sense that we are seeking all the funds available including locally generated donations that have been fairly successful. The real funding has to come from the foundations, similar to MPEC in that regard. We expect to hear some good news this month and have some construction started this spring. This will complete the property acquisitions needed, primarily so the parking lot can be put in. This is the project that Wichita County has indicated a willingness as well to help us with the parking facility. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson Daniel, Martin, and Hawkins Nays: None 765 Item 7d RESOLUTION NO. 3-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH LARRY AND KATHERINE HARTMANGRUBER ACROSS A 10 FOOT SEWER EASEMENT LYING ON LOT 9, BLOCK 39, SECTION 2B, FOUNTAIN PARK ADDITION, WICHITA FALLS, TEXAS, FOR AN EXISTING RESIDENCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 3-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7e RESOLUTION NO. 4-95 RESOLUTION APPROVING CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION AND ILLUMINATION OF KEMP BLVD. FROM NINTH STREET TO KELL (US 82) Moved by Councilor Martin that Resolution No. 4-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8a Moved by Councilor Mallonee to award bid for 26 police cars to Ron Roberts Ford in the amount of $408, 472 . 00. Motion seconded by Councilor Hawkins. Councilor Hawkins asked if this was the one that we had kicked back and he stated that he hoped the bid processing was watched a little more closely. He asked if the bids were drawn primarily to eliminate competition or is it drawn broad enough that all can bid. City Manager stated that we do not try to eliminate competition but try to get close to getting the equipment that will do the job. We went through a period where we were speccing very light vehicles and we were replacing them a lot more often than we are now. It is a combination of opening the bidding as broad as you can, but also seeing what works in the operation. Councilor Hawkins stated that he was pleased with this bid, but said that he was concerned with a couple of truck bids that were let in the past if whether we actually did take the best truck. Motion carried unanimously. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 766 Item 9a RESOLUTION NO. 6-95 RESOLUTION TO ACCEPT THE TRANSFER STATION TIPPING FLOOR REHABILITATION PROJECT, CHANGE ORDER NO. 1, AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION COMPANY Moved by Councilor Martin that Resolution No. 6-95 be passed. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 1.0a No one wished to be heard. Item l0b Councilor Thompson encouraged citizens in District 2 to take advantage of the opportunity to serve on the City' s boards and commissions. He said there were no applicants from District 2. He mentioned the problems of merchants to increase or enhance the growth of the downtown area and one main concern is parking. He asked the Staff to look into any means or methods of increasing those parking opportunities in order to speed up the growth of the downtown area. He wished everyone a happy new year. This is a chance to do great things for Wichita Falls and he hopes we will take advantage of those things presented to us. City Manager commented that a downtown study had been done to the area east of Scott Street which resulted in additional angle parking. We are looking at the area on the west and even looking at one-way configurations along with parallel and head- in parking. It is a problem in working with the people there but we will continue to work on it and try to solve it. Councilor Hawkins wished everyone a happy new year. He stated that District 5 also needs applicants for the boards and commissions. He mentioned the federal law regarding carrying concealed weapons on airport property and wanted to know how this was being handled here. Mr. Parker replied that he was not allowed to go into the exact security details, but he did inform that there is a sign on the x-ray check-in machine that states the penalties, and he will make sure that the a posting is put up according to the new law. Councilor Hawkins asked about the status of the stop bars at the intersection of 240 and Sheppard Access Road. Mr. Parker replied that he is in constant communication with the State and he will call them again this week. Councilor Mallonee echoed Mr. Thompson' s sentiments regarding the boards and commissions ' vacancies and mentioned in particular the Housing Authority vacancy and the need for applicants. He expressed his appreciation to the MPEC Board for the construction progress and for making it possible for the University Kiwanis to have their annual pancake festival there this year. He mentioned that Fred Werner, City' s Financial Officer, was President of the University Kiwanis Club. He said they :Look forward to being the first civic organization to use the facility. Councilor Martin pointed out that 1994 was an excellent year and he thanked the citizens for making it so and we look forward to having a better year in 1995 if we work together. Common courtesy is contagious and he hopes that our growth is 767 Item 10b, cont'd. also contagious. He asked about bus routing to the State Hospital. Mr. Dave Clark replied that they anticipate in the next few months taking a stronger look at the bus routing system and that will be taken into consideration. Councilor Loughry asked when bus proposals came up. Mr. Parker replied that concerning charters a public hearing is held and all interested parties are notified of this hearing and they either apply or not. City Council recessed for ten minutes at 9: 55 a.m. and went into Executive Session at 10: 05 a.m. as authorized by Section 551 . 074 of the Government Code. The Council reconvened at 10 : 15 a.m. Item 10e Moved by Councilor Martin to appoint to the Commission on Human Needs, Ms. Teresa Reid and Mrs. Marcia S. Barton with terms to expire December 31, 1996, and to reappoint Mr. Gene Newton, Mrs . Jeanne Wakeman, Ms. Bette Oechsner,and Ms. Joy Parsons with terms to expire December 31, 1996. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10f Moved by Councilor Martin to reappoint to the Wichita Falls/Wichita County Public Health Board Ms. Linda Little and Dr. Melvin Horany with terms to expire December 31, 1996 . Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson Daniel, Martin, and Hawkins Nays: None Councilor Martin informed that there was a vacancy for a veterinarian on this board and asked for applications. Item lOg Moved by Councilor Martin to reappoint to the Landmark Commission Mr. Jim Newsom, Ms. Nancy Gray Sherrill, Mr. Dick Bundy, and Mr. Lynn Burton with terms to expire 12/31/96 . Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10h Moved by Councilor Martin to appoint to the Wichita Falls Park Board Mr. Al Norris to replace Ms. Sunny Davidson with term 768 Item 10h, cont'd. to expire December 31, 1997, and to reappoint Ms. Gale Richardson, Mr. Herb Marvel and Mr. Hunter Kirkpatrick with terms to expire December 31, 1995. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Councilor Martin informed that there is one more vacancy on this board and asked for applications. ,,, Item 10i Moved by Councilor Martin to appoint to the Plumbing and Mechanical Board of Adjustments and Appeals Mr. Edmund Sargent with term to expire December 31, 1996 and to reappoint Mr Carl Solomon, Mr. Leon C. Lane and Mr. David Cohn with terms to expire December 31 , 1996. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None The City Council adjourned at 10: 21 a.m. PASSED AND APPROVED this _a day of 1995. Michael Lam, Mayor ATTEST: . `Lydia Torres City Clerk