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Min 09/20/1994 676 Wichita Falls,Texas Memorial Auditorium Building September 20, 1994 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 Terrance E. Loughry - Councilors Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Dockery - Asst. City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Leon Mallonee - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. James Patterson, Pastor Floral Heights Assembly of God. Mayor Lam presented a proclamation on the "Spirit of Community" Christmas Ornament, the official City Christmas ornament. Item 3 Moved by Councilor Martin that the minutes of the September 6, 1994 meeting be approved. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None Item 4a-6e Moved by Councilor Martin that the Consent Agenda be approved. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None 677 Item 4a RESOLUTION NO. 146-94 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK SERVICE CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS Item 5a RESOLUTION NO. 147-94 RESOLUTION TO AWARD BIDS FOR ANNUAL SUPPLY OF METER BOXES AND ADDITIONAL METER BOX LIDS Item 5b RESOLUTION NO. 148-94 RESOLUTION TO AWARD BID FOR RUBBER-ASPHALT SEALING COMPOUND, 100 ,000 POUNDS, TO CRAFCO TEXAS, INC. Item 5c Award of bid for a motor grader to C.L. Boyd in the amount of $100,990. 00 Item 5d Award of bid for two front s in the amount of $207406 00 loaders guura1 Supply Company of Wichita Fall Item 5e Award of bid for three 3/4 ton pick-up $47 343 .00 to Ron Roberts Ford of Wichita Falls in the amount Item 5f Award of bid for a 50WOOhitaVF alls in and theChassis amount of R.L.Anderson International of $48 ,564.70. Item 6a Minutes of the meetings of the following boards and commissions were received. a. Tax Increment Financing Board, July 21, 1994 b. Wichita Falls Traffic Safety Commission, August 3 , 1994 c. Planning and Zoning Commission, August 10 , 1994 d. Landmark Commission, August 24, 1994 e. Commission on Human Needs, August 30 , 1994 Item 7a A proposed ordinance was presented to waive Ordinance 32- 139 of the Code of Ordinances with respect to detention requirements for Lot 16-C, Block V, Westover Hills. Moved by Councilor Martin that this proposed ordinance be passed. Motion seconded by Mayor Lam. Mr. Bill Strike, 4409 Tobago, President of Christian Service Foundation, Inc. (KMOC Radio Station) stated that recently they found out they were going to have to move locations because of the proximity that is needed to the tower at Channel 6. They are going to need the plot of land close to there but water retention requirements are going to delay their move. They need to move out by the 30th. KMOC is a publicly supported non profit Christian radio station. They bring things 678 Item 7a, cont 'd to the community which would help the youth and parents of the community. They would appreciate the Council ' s consideration. Mr. Martin Litteken with Biggs & Matthews and representing KMOC Radio Station, explained that zhe drainage from this site goes directly to the north across the adjoining property that was owned by the same individual from which KMOC is purchasing. Downstream activity from this site to the River is a fairly steep drop and straight shot. Not a lot of collateral property would be affected by the increase period or in that stretch of the creek. Mr. Bonnett commented that the problem is not with the existing conditions but the need to plan for the future. Mayor and Councilors expressed their support of this radio station which is an asset to the community. However, Council has had recent requests for waivers of detention requirements and if granted they would all add up to street flooding. Unless, there are very unusual circumstances Council has tried to tow the line based on continuity of past decisions. Motion failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Item 7b ORDINANCE NO. 129-94 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, FIXING AND DETERMINING A GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF WICHITA FALLS, WICHITA COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; PROVIDING FOR THE RECOVERY OF CURRENT RATE CASE EXPENSE; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; PROVIDING FOR A RATE MORATORIUM; PROVIDING FOR QUARTERLY REPORTS ON INDUSTRIAL LOAD; PROVIDING FOR A MAIN LINE EXTENSION RATE; 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 Hawkins that Ordinance No. 129-94 be passed. Motion seconded by Councilor Daniel. Mr. Steve Morath, Business Development Manager for Lone Star Gas said that they had some concerns about the Ordinance such as the five year moratorium which is not legally binding. He said although it was in the Ordinance they were not going to agree to that because State law provides for rate proceedings. He reminded Council that they had filed only two rate increases in eleven years. It is unlikely that we would file within the next five years unless there was an unforseen situation. We are not going to ask that it be removed, just be aware that it is not legally binding. Mr. Morath said they would be agreeable to preparing quarterly reports or anything else requested of them. He mentioned that the rate case expense had not been addressed. The Ordinance provides for recover of rate case expense over a two year period. It also says that the surcharge will be applied against all sales including transportation. We have concerns in that the surcharge should only be applied to residential and commercial customers and not industrial. One year is more reasonable than two years but we can live with the two years. .. ..... ..... ....... 679 Item 71), cont'd. Rate design provides for a 2. 2 ° increase out and theor residential average commercial n those o al 9 . 4% for commercial. We ra 0.77 per month and bill using the 6400 MC F will go up $ commercial $15 .70/month. We are concerned that the commercial customers are bearing the brunt of this. Under our original proposal the commercial bill would only go up $9 . 12/month, that is about a $6. 00 difference in what you are considering now and what we originally proposed. For clarification purposes, Mayor Lam asked Mr. Morath if they could live with the Ordinance even though they have He again their differences. Mr. Morath replied that they mentioned the five year moratorium and said that the City Attorney had wanted it in the Ordinance as a matter of record but that it did not bind Lone Star Gas. He said it was highly unlikely and that they did not intend to come back in five years V unless there was an unforeseen situation. There was some confusion as to what Lone Star Gas was accepting. Mr. Morath stated that it was their intention to abide by the Ordinance and it was their intention to file a rate case .if an unforseen situation arises. Council wants to make a strong statement to look future e any nrate recommending that they take a long increase. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Thompson, Daniel, Martin Nays: Councilors Loughry and Hawkins Item 8a RESOLUTION NO. 149-94 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH E THAT OrpROMOTE UNITY S THE C CONVENTIONONS AND AND ORGANIZATIONS TOURISM INDUSTRY Moved by Councilor Hawkins that Resolution No. 149-94 be passed. Motion seconded by Councilor Martin. Mr. Hank Grieb, 4724 Tammy, Executive Director of Christmas in April, announced that O croofr of , 1994 they will Eastside Girls aClub rt hand program by working on the invited the council to come out. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry Thompson, Daniel, Martin, and Hawkins Nays: None Item 8b RESOLUTION NO. 150-94 RESOLUTION PROVIDING FOR THE ANNUAL AUDIT FOR FISCAL YEARS ENDING 9 9 SMANAGER/ TO AN 3A/97 ,CONTRAND CT AUTHORIZING THE CITY WITH MATHIS, WEST AND HUFFINES Moved by Councilor Martin that Resolution No. 150-94 be passed. Item 8b, cont 'd 680 Motion seconded by Councilor Thompson. Mr. Vernal L. Huffines, 4714 Tortuga Trail, representing Mathis, West Huffines & Company, Certified Public Accountants, informed that they are hired by the City Council and represent the City of Wichita Falls and the citizens of Wichita Falls. Their job is to protect the public interest and they are independent and answer only to the Council. He informed that the cost of the contract is $43 ,000 for the Comprehensive City Audit and $13 , 500 for the Single Audit. This represents the total contract for the three year period, $133,500 is for the City Audit and $43,500 is for the Single Audit. This represents an approximate annual increase of 40. Over the last ten years it represents approximately 1. 4% increase, to in the regular audit and 20 in the single audit. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry Thompson, Daniel, Martin, and Hawkins. Nays: None. Item 8c RESOLUTION NO. 151-94 RESOLUTION APPROVING THE TRANSFER OF THE CITY'S AIRPORT AND AIRWAYS IMPROVEMENT ACT OF 1982 ENTITLEMENT FUNDS FOR FISCAL YEAR 1992 IN THE AMOUNT OF $441,750. 00 TO THE STATE OF TEXAS, DEPARTMENT OF TRANSPORTATION DIVISION OF AVIATION, FOR USE AT THE MINERAL WELLS AIRPORT Moved by Councilor Martin that Resolution No. 151-94 be passed. vote.Motion seconded by Mayor Lam and carried by the following Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None Item 8d RESOLUTION NO. 152-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A COMPROMISE SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF WICHITA FALLS AND LINDA EICKLEBERRY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 152-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 681 Item 9Ei RESOLUTION NO. 153-94 D AND A RESOLUTION APPRDFILLOVING THE FINAL COVER A- OF AREAS I CONTRACT A, B & C PROJECT FOR THE LAN Moved by Councilor Martin that Resolution No. 153-94 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9b RESOLUTION NO. 154-94 AWARD OF BID AND CONTRACT FOR THE BARNA ROAD RECONSTRUCTION PROJECT Moved by Councilor Martin that Resolution No. 154-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None Item 9c Moved by Councilor Martin to award proposal for the City' s Insurance Program as recommended by Staff. Motion seconded by Councilor Thompson. The proposals are as follows: Provider Covera e Cost Building and Contents $23 ,985 Williams-Dwyer Extra Expense, City Hall $ 1,000 Williams-Dwyer Excess Workers Compensation $43 , 293 Williams-Dwyer $ 4 ,041 Williams-Dwyer Boiler and Machinery $ 2 ,555 Arthur J. Gallaher Electronic Equipment Total Premium Cost $74 ,874 Motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 155-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A CHANGE ORDER FOR THE CONSTRUCTION CONTRACT OF THE MU 62I.PUPOSE FINDING EVENTS DETERMINING THAT AMOUNT OF $149 ,362 , THE MEETING AT WHICH ASTHIS RESOLUTION IRED BY LAW WAS DISCUSSED WAS OPEN TO THE PUBLIC Item 10a, cont'd 682 Moved by Councilor Martin that Resolution No. 155-94 be passed. Motion seconded by Mayor Lam. Kay Yeager, 2111 Avondale, Chair MPEC, informed that they are in compliance with fire ordinances at the present time. However, we have long range plans to enlarge the agriculture building and at that time we would have to add a complete fire sprinkler system to what we are building now. It would be less expensive to do it now than later in the future. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item lla No one wished to be heard Item llb Councilor Thompson invited citizens to attend a public meeting September 22 at 3:00 P.M. at the Galaxy Building regarding a refuse permit for Bell Processing to bring trash from Burkburnett and S.A.F.B. to be processed at their plant and a permit to burn certain metals. Mr. Bonnett informed that this will be a hearing to bring Bell Processing into compliance for their current operation. They are currently collecting refuse from several surrounding cities. He believes TRNCC feels it is a transfer station being operated without a license. Councilor Thompson asked that Staff look into Bell 's operation of a transfer station and burning metals. This cannot be good for the safety and sanitary conditions for people who live in that area. Councilor Thompson said that housing was a critical problem in our community and we need to be aware of it. We have not maintained a good stock of low income housing. This problem needs to be addressed by some group. Councilor Thompson asked that Mr. Parker look into having a more flexible bus system to meet the needs to the downtown area. Councilor Hawkins asked about identifying gangs in the community. Chief Harrelson said they were staying on top of the gang activities and their dress. Councilor Hawkins asked that sprinkler systems be checked at both ends of Missile Road. Councilor Hawkins suggested that any and all contracts should go through Legal or Legal should design the contracts. Councilor Hawkins asked that Staff review the action taken at last Council and action taken in 1983 regarding the Airport Zoning Board of Adjustment and Planning and Zoning functions for Airport Zoning and possible conflicts. Mayor Lam asked that Staff review effects new laws may have in setting rates of wrecker service. Councilor Daniel commented that Staff has a good reputation of working with other governing entities and commended them. He encouraged Staff and Council to work aggressively with the County and W.F.I.S.D. in trying to move forward in community projects and cutting back costs. Be vigilant and aggressive in trying to save money 683 Item 11.b, cont'd. Councilor Martin announced that Early voting for the County begins October 19 and he encouraged all citizens to vote. Councilor Loughry asked about putting dumpsters back on Pearl Street. Mr. Bonnett asked for an address and he would follow up on that. Councilor Hawkins encouraged citizens to write to K-Mart International against closing the K-Mart out on the north side of Wichita Falls. Item 11c There were no reports. Item lld Council recessed ion 551 074xofuthee session at Government Code, 17 a.m. as authorized by Sec Council reconvened at 11: 39 a.m. Item 11e Moved by Councilor Thompson that Ms. Jeanne Wakeman be appointed to serve on theCommission on Human Needs with term to expire December 31, 199 Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item llf Councilor Thompson that the following be Moved by reappointed to serve on the May Commission on the Status of Women with terms to expire September 30 , 1996: Ms. Robbie Mathews Ms. Irene Lambert Ms. Erion Simpson Ms. Mona Williams Statser Ms. Delia C. Meadows Ms. Helen Lee Henderson Ms. Helen Louise Hicks Ms. Georgann S. Wigley Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, , Martin, and Hawkins Nays: None Moved by Councilor Thompson to appoint Nancy Frey to serve on the Mayors Commission on the Status of Women with term to expire September 30 , 1995. Councilor Hawkins and carried by the Motion seconded by following vote. 684 Item llf, cont'd. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item llg Moved by Councilor Thompson to reappoint Mr. Fernand Hubert to serve on the Water Resources Commission with term to expire September 30, 1996 . Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None Councilor Thompson expressed his appreciation to Mayor Lam for calling the ministers together for a City wide pastor' s prayer meeting last week. He stated that the City would be better as a result of that meeting, and he appreciated the Mayor' s spirit. The City Council adjourned at 11: 46 a.m. PASSED AND APPROVED this day of 1994 . Michael Lam, ayor ATTEST: y a Torres Ci Clerk