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Min 01/16/1990 I 396 Wichita Falls, Texas Memorial Auditorium Building January 16 , 1990 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. Perry Goolsby Mayor David Farabee Michael Lam Angus Thompson Councilors Bill Palmer Ron Buffum Don Kirkham James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Lt. Jimmy Stevens, Fire Department Chaplain. Item 3 Moved by Councilor Kirkham that minutes of the meeting held January 4, 1990, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 4a-6c Item 5c was moved to the regular agenda. Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Buffum. Item 4a RESOLUTION NO. 9-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #0866-154-0000 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 4b RESOLUTION NO. 10-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS FOR LIFT STATION #8, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None 397 Item 4c RESOLUTION NO. 11-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT FOR THE RIVER ROAD WASTEWATER PROJECT, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 5a The bid for a scraper was awarded to Darr Equipment Company in the amount of $289,971. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 5b RESOLUTION NO. 12-90 AWARD OF BID TO ARMORED ROOFING COMPANY FOR THE REROOFING OF FIRE STATIONS #6 AND #8 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - November 1, 1989 b. Planning and Zoning Commission - December 13 , 1989 C. Employee Benefits Trust - December 28 , 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 5c RESOLUTION NO. 13-90 RESOLUTION TO AWARD BID FOR LYNWOOD WEST SANITARY SEWER SYSTEM IMPROVEMENTS Moved by Councilor Palmer that Resolution No. 13-90 be passed. Motion seconded by Councilor Buffum. Councilor Palmer questioned why the developer did not pay the full amount, and Mr. Bonnett explained two alternatives available to the developer. He stated that this amount was posted in 1985, and was never built. The funds posted are not adequate to cover the cost of improvement. The motion carried by the following vote. i i 398 i Item 5c Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 7a ORDINANCE NO. 1-90 AN ORDINANCE REZONING LOTS 8-12, BLOCK 108 & LOTS 3- 11, BLOCK 117, WESTMORELAND PARK & ADJACENT PROPERTIES FROM SINGLE-FAMILY RESIDENTIAL (SF-2) TO LIMITED COMMERCIAL (LC) ZONE Moved by Councilor Buffum that Ordinance No. 1-90 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 7b This item was removed from the agenda. Item 8a RESOLUTION NO. 14-90 RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR THE CDBG FALLS TO O'REILLY PARK TRAIL PROJECT Moved by Councilor Thompson that Resolution No. 14-90 be passed. Motion seconded by Councilor Farabee. Councilor Buffum questioned unknowns still to be uncovered in this area. Mr. Bonnett explained that it is hard to tell just what you will get into until work has begun. The only checks and balances they have is to look at it to see if the request is justifiable, and in this instance they feel that it is. Councilor Thompson expressed concern about the numbers of change orders experienced on large projects. He wondered if a higher bidder could have adjusted to these additional costs. Mr. Bonnett expressed that he hoped this is not a technique that a legitimate contractor would use to avoid the bidding process. Certainly this is not true in this case. Bill Parker, City Engineer, stated it is obvious that the bidder under estimated the cost. They have looked at his cost estimate, observed the work and labor intensity to get the work done, and believe the cost is justified. He is having to work around trees, etc. He can lose money on a hundred cubic yards, but losing money on 1000 cubic yards would break him. The Blue Book gives both the contractor and the City the right to re-negotiate the costs. Mr. Parker explained the 399 Item 8a Cont'd legitimacy of the Blue Book, and those who had written and approved it. Councilor Thompson was not aware prior to this that we could re-negotiate if we ran into costs which were not anticipated. Mr. Berzina explained that this is a balancing act so that the contractor out there will not go broke. This is an orderly process in that when the contractor comes to them, they will look at it. There are many times when additional change orders are not approved by the staff, and it never gets to the Council floor. Councilor Buffum explained that this estimate was made by our engineers. The quantity has gone from 125 to 1000 cubic yards. This is due to the unknown. Councilor Lam pointed out that you can be assured that the second, third, or fourth bidder would also be back here asking for additional quantities. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 8b RESOLUTION NO. 15-90 RESOLUTION APPROVING CHANGE ORDER NO. 3 FOR THE CDBG FALLS TO O'REILLY PARK TRAIL PROJECT Moved by Councilor Farabee that Resolution No. 15-90 be passed. Motion seconded by Councilor Thompson. Mr. Bonnett explained that they thought the soil would be stable enough to stand up under erosion, but when the soil has been disturbed they are very nervous about leaving this unpaved. They made a mistake. Councilor Kirkham noted a situation at the end of Indiana where we are almost undermining one building. Bill Parker stated it does not have anything to do with this, but they will be putting in a retaining wall there. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 9a Discussion of Lake Kickapoo landfill began. No one from the audience desired to be heard. Mr. Berzina addressed state law changes which are coming up. We are expecting a new level of regulation that we will have to comply with. He explained the difference in a Type Three landfill, and a Type One landfill, which is being operated by the City. He explained harsh penalty requirements if we do not close the landfill prior to the new law going into effect. i 400 Item 9a Cont'd Mr. Bonnett explained that the Lake Kickapoo landfill has not been abused by the residents. They have been very supportive. The issue is that Type Three landfills will be discontinued, and he recommends that the landfill be closed before the new law goes into effect, which will be a much more harsh regulatory process. Each tenant out there hauls their own garbage to the landfill. There will be a difference of fourteen road miles from the present landfill to the Type One landfill we operate. He confirmed there are far more economical ways to dispose of the refuse. He noted that they have not received any calls or letters from the residents at Lake Kickapoo since he mailed letters to them concerning this matter. He stated that the cost of permitting to go to a Type One landfill at this specific site would be prohibitive. Mr. Humbach noted that he is not aware of any legal obligations we would have at this landfill. Mr. Bonnett explained this is an EPA regulation, but we are dealing also with the State health department. Once the regulations are published, there will only be a one or two week time period before they take effect. The counties are having to come up with a plan of their own, and some are closing their dumps before the new regulations take effect. Mr. Berzina mentioned that Archer County is closing theirs, and it has been suggested that this is one place they could go, so he feels it should be closed before new regulations take effect. I Councilor Kirkham confirmed that the River Road Landfill is closed, and it is our understanding that no monitoring of the Lake Kickapoo landfill will be required if it is closed before new regulations that effect. He noted that fourteen miles is closer to the landfill from Lake Kickapoo than from where he lives. Moved by Councilor Buffum that the Lake Kickapoo landfill be closed as early as possible. Motion seconded by Councilor Thompson, and carried unanimously. Item 9b Ruth Ann Allred, Texas Ranch Roundup Steering Committee, and Jean Cochran, Special Events Coordinator for the BCI , appeared in regard to assistance in constructing more seats at the Mounted Patrol facility. Mrs. Allred stated that attendance at the Ranch Roundup has completely outgrown this facility. She noted that other representatives will be here to speak within a few minutes. The City Council recessed at 9: 20 A.M. , and reconvened at 9: 35 A.M. Mike Castles, Chairman of the Ranch Roundup Steering Committee, and Ronnie Cartwright, President of the Wichita County Mounted Patrol, addressed the Council. Mr. Cartwright requested funds from hotel-motel tax to add seats to their facilities to do more for their facilities and the Wichita Falls community. He requested $25,000 to add 1000 seats to the arena. He stated that the North Texas Rehabilitation Center and Young Farmers also use this facility. They will also be meeting tonight with the Texas Firefighters Association to establish an event that will benefit terminally ill children. He noted that their facility generates a lot of bed tax. 401 Item 9b Cont'd Mike Castles explained that sixty percent of funds stay here for charitable organizations. They netted about $98,000 last year, and sixty percent of it stayed here to benefit local agencies. They also plan wheel chair capability for this facility. Mayor Goolsby commented that the Ranch Roundup is one of our larger events of the year, and serves a wonderful cause. This Council looks at it very positively, and they will be looking at it from the hotel-motel tax. M.C. McGee, of the Convention and Visitors Bureau, stated they wholeheartedly lend their support to this event, and we need the extra seating for the crowds that are beginning to come to this event. Unless we can provide these facilities, we run the risk of losing it to another city. Councilor Palmer inquired about the cost, and it was stated that $27, 500 would be required for material only. He also asked about parking. Mr. Cartwright explained they are working with the Texas Highway Department to obtain some material which they scrape off the blacktop. They are also working with the Soil Conservation District to assist in drainage for the run-off. They are also working with a gentleman to try to get a right-of-way out to the West side so they can get out to Kovarik Road. He further stated that the cowboys would rather be outdoors than in a closed arena. They will stay if we can support it. Councilor Buffum requested that this matter be placed on the next agenda for action. Item 9c Councilor Thompson expressed appreciation to Council members for their attendance at the prayer breakfast held at Martin Luther King Center. He also hoped we would stay involved in the New Beginnings program at Ben Donnell Housing. More police officers are needed to patrol, and monies are needed for beautification of the area. Councilor Thompson noted the beginning of work soon to start on the Seventh Street crossing. Mr. Bonnett explained that the tracks will be closed off tomorrow, but the Railroad has indicated they may not be here until Thursday. Mayor Goolsby responded to a comment previously made concerning Seventh Street crossing, that if it had been in another part of town it would have been done sooner, explaining how hard this Council has worked to get this crossing repaired, stating that the Railroad for years has wanted this crossing closed, stating they have been very slow to react to the pressure this City has put on them. He has insisted that under no condition could we close it. Material had to be custom made, which has taken additional time. He is very excited about it, and wanted the public to know what they had been through to address the situation. Councilor Thompson responded by stating that he is convinced that if action would have been taken sooner by the Railroad and others, that it would have been done sooner. Low income areas have a lower priority. He agreed that the Railroad did want to close it, and it was this Council that brought it to a head to get the money for it. i 402 Item 9c Cont'd Councilor Kirkham noted that he is anxious to see this railroad crossing closed. He commended the Donnell Project for trying to do something on their own, and wishes them the best in getting it cleaned up. It can be done if they want to. Councilor Kirkham requested a review of our ordinance on open land to control fires. Councilor Farabee asked for information on the feasibility of changing traffic signals along Kemp to flashing status during late night hours. Mr. Berzina stated they will look at it and bring back a report. Councilor Buffum complimented the organization of the prayer breakfast last Saturday. Councilor Buffum noted the inconvenience which will soon occur in traffic flow on Midwestern Parkway over Holliday Creek. Work being done here in widening the two bridges will solve much of the McGrath Creek flooding problem. Mr. Bonnett explained it will take about six months to complete this work. One bridge at a time will be closed. He also noted the drop structure will soon be started on McGrath Creek, which is the first phase of that project. Mr. Berzina noted they will soon be taking the vehicular bridge out across Holliday Creek to Weeks Park Tennis Center. He anticipates it will be out until July 1, 1990. Item 9d Mr. Berzina explained that he had the opportunity to go into the river area regarding Mr. Goins ' property. He encouraged council members to go by and look at some of these locations, stating there has been a major improvement to these areas. Item 9e The City Council recessed into executive session at 10: 15 A.M. , according to Article 6252-17 , Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 10: 43 A.M. Item 9f Mayor Goolsby announced that since there are some re- evaluations of the Building Board of Adjustments and Appeals going on, no action will be taken today regarding appointments. Bob Carpenter spoke to the Council with some suggestions for the landfill at Lake Kickapoo, stating he fears there will be dumping in the ditches and other areas if it is closed. Mayor Goolsby explained that this was not an easy thing for them to address, but federal regulations coming out will mandate us to have a man there at all times, along with other costs involved, to meet regulations. As much as we would like to keep it open, we could not charge a fee large enough to pay 403 Item 9f Cont'd the expenses which will be incurred there. The City should not have to operate two landfills. The Council passed a motion to close it. In the future, counties are going to have to address this issue. He hopes that these people will use the landfill being operated by the City, even though the distance for them will be greater. Mr. Berzina explained that even if you could do this on a selective basis, we would come under a whole new set of regulations with tremendous expenses to operate, and extra costs that will be there after they go into effect. The City Council adjourned at 10: 50 A.M. PASSED AND APPROVED this the , - day of , 1990. Perry Go lsby, May r ATTEST: Wilma J. Thomas, CMC/AAE City Clerk