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Min 11/20/1990 579 Wichita Falls, Texas Memorial Auditorium Building November 20, 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. Michael Lam Mayor David Farabee - Charles Thomas - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Don Kirkham - Jim Berzina City Manager Gregory D. Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Maxine Simpson, Reform Congregation of the House of Jacob. Item 3 Debbie White and Nancy Carter, Junior League Co-Chairmen for Fallsfest, presented a check to Mayor Lam in the amount of $15,157.78, as the City`s portion of Fallsfest. Mrs. White stated that in 1991, Fallsfest would be held on September 27, 28, 29. Mayor Lam presented a proclamation to Rick Roberts for Home Health Care Week. Item 4 Moved by Councilor Kirkham that minutes of the meeting held November 6, 1990, be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 5a - 8d Item 7c was moved to regular agenda. Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 5a RESOLUTION NO. 187-90 A RESOLUTION AUTHORIZING NOTRE DAME SCHOOLS TO SELL BEER AND WINE DURING THE "LAS VEGAS NIGHT" EVENT 580 Item 5b RESOLUTION NO. 188-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENT FOR 1991 WATER LINE REPLACEMENT PROGRAM, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Item 6a RESOLUTION NO. 189-90 RESOLUTION TO APPROVE CHANGE ORDER #1 TO CONTRACT FOR MODIFI- CATIONS AND ADDITIONS TO RIVER ROAD WASTE WATER TREATMENT PLANT Item 6b RESOLUTION 190-90 RESOLUTION TO ACCEPT 11TH AND HOLLIDAY SANITARY SEWER LINE REPAIR PROJECT AS COMPLETE AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT TO CONTRACTOR Item 6c RESOLUTION 191-90 RESOLUTION TO ACCEPT THE CDBG O'REILLY PARK AUTOMATIC IRRIGATION SYSTEM PROJECT AND AUTHORIZE FINAL PAYMENT TO BROCK PLUMBING Item 7a The bid for one three-quarter ton pickup was awarded to Herb Easley Chevrolet in the amount of $13,208.73. Item 7b The bid for two 15,000 GVW cab and chassis was awarded to R. L. Ander- son International, Inc. , in the amount of $45,987.10. Item 8 Minutes of the meeting of the following boards and commissions were received. a. Zoning Board of Adjustment - November 1, 1990 b. Zoning Board of Adjustment - November 5, 1990 C. Commission on Disability - November 5, 1990 d. Board of Electrical Examiners - November 8, 1990 Item 7c Moved by Councilor Thomas that the bid for a rubber tire roller be 1 awarded to Conley, Lott, Nichols in the amount of $31,647. Motion seconded by Councilor Hughes. Following questions concerning the alternate bid, the motion carried unanimously. Item 9a ORDINANCE NO. 80-90 ORDINANCE APPROPRIATING FROM THE GENERAL FUND $12,334. IN COURT SETTLEMENT PROCEEDS FOR THE PURCHASE OF REPLACEMENT TREES. 581 Item 9a, cont'd. Moved by Councilor Hughes that Ordinance No. 80-90 be passed. Motion seconded by Councilor Thompson. Mr. Murphy explained that these trees would be planted all over the City. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 10a RESOLUTION 192-90 RESOLUTION CREATING A COMMUNITY RELATIONS COMMITTEE Moved by Councilor Thomas that Resolution No. 192-90 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 10b RESOLUTION NO. 193-90 RESOLUTION CREATING A LOCAL GOVERNMENT RELATIONS COMMITTEE Moved by Councilor Hughes that Resolution No. 193-90 be passed. Motion seconded by Councilor Martin. Discussion centered on the purpose of this committee, along with estab- lishment of goals and objectives. The motion carried by the following votes. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 10c RESOLUTION NO. 194-90 A RESOLUTION APPROVING A NON-ANNEXATION CONTRACT WITH PPG INDUSTRIES, INC. GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS RESOLUTION 195-90 A RESOLUTION APPROVING A NON-ANNEXATION CONTRACT WITH CERTAINTEED CORPORATION, GUARANTEEING ITS IMMUNITY FROM ANNEX- ATION FOR A PERIOD OF SEVEN YEARS Moved by Councilor Thomas that Resolutions Nos. 194-90 and 195-90 be passed. 582 Item 10c, cont'd. Motion seconded by Councilor Hughes. Mayor Lam noted that they have been working with these two groups, and they are satisfied with the contracts. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item lla Moved by Councilor Thompson that the bid for a crawler dozer be award- ed to Darr Equipment Company in the amount of $270,504. Motion seconded by Councilor Hughes. Councilor Thomas pointed out that this expense is one of the reasons for high landfill costs. Mr. Parker explained the guaranteed maximum total cost of repair option at no additional cost. The motion carried unanimously. Item llb RESOLUTION NO. 196-90 RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF TREES IN PARKS AND MEDIANS. Moved by Councilor Hughes that Resolution No. 196-90 be passed. Motion seconded by Councilor Kirkham. Mr. Murphy updated the Council on the replacement species and purchase price. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 12a Mayor Lam explained that a discussion of the use of the Sears Building is needed. Mr. Berzina expressed the importance of formulating a plan to determine its best use, stating there are services of which we can avail ourselves to develop this potential. Al Holder expressed concern that no taxes will be paid on it if the City owns it. If it is private ownership taxes will be paid by the owner. He mentioned the RV Park and Farmers Market. Councilor Thomas explained that the owners of the Sears building could have given it to many charitable organizations. He noted that the RV Park is a matter of convenience to people traveling through who spend money here. In the overall picture, it makes money. Mayor Lam commented that he had never heard of the City getting into anything to compete with private enterprise unless it would be the purchase of a building to further expand its use. This is one avenue to open up the building to private use for the benefit of all citizens. Councilor Thompson noted this is probably the best way to go initially to determine interest. 583 Item 12a, cont'd. Councilor Kirkham expressed hope that it will provide income and jobs to the City. He believes we need someone with experience in this type of thing. He agreed with a proposal to get someone to help us. Councilor Farabee mentioned a maximum fixed cost of $6,000. Councilor Hughes addressed this marketing approach, stating the contract would be for one year. If we are interested in moving forward to determine if an economic opportunity exists, this is the type of approach we need to take. We should concurrently be working on a City plan for other options. The building will be vacant in six months, and it is time to move forward with a plan. Council- or Martin agreed with this approach. Councilor Thomas pointed out that we have millions of dollars invested in the downtown area. He noted that convention facilities for 3,000 to 4,000 persons are needed. If we lose the downtown tax base, it will go on our homes. We need to look at all alternatives. Mayor Lam suggested a committee composed of Councilors Hughes, Thomas, and Thompson follow up on this, and solicit other proposals, and monitor what is going on. Within two weeks, a local firm should be able to present a proposal which can be brought back to the Council in thirty days. The City Council recessed at 9:37, and reconvened at 9:50 a.m. Item 12b Mayor Lam summarized where we are now on construction of Phase III of the Holliday Creek project. The City of Wichita Falls has one phase remain- ing to complete the Holliday Creek project from Southwest Parkway to Lake Wichita, including the new dam and spillway. The low bid on Phase III came to about $5,600,000 for our share, and 3.8 million had to do with the dam. The City was picking up forty-seven percent of the cost, which was quite a bit higher than previous City costs, which were about thirty-five percent. They felt the Corps of Engineers had given their opinion that the dam would not run more than $2,300,000. The dam elevation of 993 feet is sufficient to handle flooding problems. The Corps of Engineers felt the dam should be 996 feet. If the cost exceeded $2,340,000, the City had the right to approve the bid. We have approached the Corps for 90 days that it was an unbalanced bid. The Corps said it was not unbalanced. The latest response from the Corps is that the City agree with the letting of the contract as it is now, reduce the dam from 996 to 993 feet, and negotiate with the contractor after the bid is let. This would only result in a difference of $100,000 from the 3.8 million. The City has already agreed to increase from 2.3 million to 2.8 million. We have moved forward $500,000, and the Corps has come down $100,000, with a reduced task. The City is very disappointed in the actions of the Corps, and he does not see a willingness to work out this problem. Mr. Berzina noted that he had talked with General Denega, who said the redesign is possible. The decision has already been made by the Under Secretary of the Corps. He cautioned that this would take months, and if the Council desired this, it would be done. The local cooperative agree- ment would not be terminated, as was suggested earlier. Mr. Bonnett presented options available to the City; accept the bids at 996 feet, and 3.8 million; accept the alternative set forth in General Denega's letter to waive with a memo of understanding, and request the Corps to build the dam at 993 feet, with negotiation with any cost savings after award of the bid; request the Corps to redesign the dam to take advan- tage of the 993 elevation, which would take about a year. The disadvantage is that we would be back in the bidding market, and would be very difficult to give any kind of an estimate. It is important to build what is needed; not what is required by an arbitrary book. He believes 993 is what is needed. Mr. Bonnett commented that the most fair way to deal with this is to utilize the government estimate, rather than the contractor's bid amount. If the estimated cost is utilized, the dam cost would be 2.8 million. This would enable the Corps and the City to take advantage of a very good bid. He suggested that another alternative is to urge the Corps to re-examine 584 Item 12b, cont'd. their position and re-spread their costs on a published document. If they would accept this, he would recommend we sign on the dotted line right now. Mayor Lam stated they have addressed this. Mr. Berzina stated he would assume it is a dead issue at this point. Mayor Lam expressed disappoint- ment with the attitude of the Corps of Engineers. Councilor Thomas stated that three years ago they were requested to re- consider the height of the dam. This is the only contract we have had with the Corps of Engineers. Our contract goes 200-300 feet past Southwest Parkway, so our homes are not in danger. The two things we are paying for are a bridge accross Lake Road, Lake Park Drive, and the dam. The contrac- tor gets paid for the bridge and dam last, and he has lost money on the rest of it. To a car dealer, this does not seem honest. Mr. Bonnett further explained the Phase III costs as relocation of bridge on Old Lake Road and relocation of Lake Park Drive. They also pay twenty-five percent of the Corps' cost of the channel. Mr. Berzina felt that the Corps should pay the entire re-design cost, but they may not. Councilor Hughes expressed that he would not be in favor of accepting a contract, then negotiating a cost savings, but he would favor leaving the dam at 996 elevation for an estimated savings of only $100,000. Mr. Berzina noted that the issue that gets lost is that from day one they felt 993 feet was the correct decision. Two or three people in this chain wanted 996 feet, and re-did a study to show it should be at 996 feet. The people who recommended this are now retired. Following a question from Councilor Kirkham regarding the total pro- ject cost, Mr. Bonnett explained it would be $48,853,000, with the Phase III bid. Additional costs for the City would amount to 1.8 million, and the Corps' costs were reduced by 1.8 million. Mr. Bonnett stated that for 150 years the Corps has done an honorable job of providing flood protection in the United States. They have been able to operate in an environment of one hundred percent federal dollars. They have put in other factors in their designs. The City feels 993 elevation would take care of one hundred percent probable maximum flood (PMF) . The Corps says it is seventy two percent PMF. Good, honest men are struggling to make a democracy work in an environment of a private partner. Councilor Martin noted that is is hard to change when you are the top dog. They originally agreed to a 993 dam, and now they say we need a 996 foot dam. They are not dealing alone now. They Corps has no say so on the approved appropriations. Congress does this. They work with what is provided by Congress. All other costs are pretty much in line except the dam. They are not accustomed to having to justify their figures. Mr. Bonnett believes it is a struggle of operating in a different environment. Never before have they been asked to explain the three million dollars. Further discussion continued on various options available. Moved by Mayor Lam that the City Manager be instructed to prepare a letter for the Councilos signatures that states the position of the City of Wichita Falls on Phase III that the Corps of Engineers re-distribute the bid costs according to government estimates, with the secondary position that the Corps re-design the dam to 993 feet, and bids be let on that basis. Motion seconded by Councilor Hughes, and carried unanimously. Item 12c Moved by Councilor Thomas that the Council Meeting scheduled for December 4, 1990, be rescheduled to December 6, 1990, at 8:30 a.m. Motion seconded by Councilor Martin, and carried unanimously. 585 Nothing was presented under Item 12d. Item 12e Councilor Thomas reminded everyone of the Christmas tree and park lighting in Jones Park at 6:00 p.m. , December 1, 1990. Councilor Martin noted concern of the citizens on the roughness of Midwestern Parkway. Mr. Bonnett stated they made a mistake, and the patches will be replaced. Both he and Councilor Hughes commended City employees for their work in the Parks, Traffic, and Public Works Departments. Councilor Kirkham also commented on work being done in the parks. He also asked about the railroad museum cars. Mr. Berzina understood that they were being moved to a spur track near the transfer station on a temporary basis. They will fence it and put in gates. Discussion on the possibility of a landowner being land-locked was held. Mr. Berzina and staff will look into it. Councilor Thompson noted the need for a speed zone at Fannin School. He also mentioned a shoe cobbler downtown, and parking in front of his building to keep the traffic flow. He also requested that the Council look at employee benefits, such as vesting, etc. , by the first of the year, and prior to budget time. Councilor Thomas asked if any money is available to help the Railroad Museum. Mr. Berzina noted the Hotel/Motel fund, if that is a proper source. Mayor Lam noted that he has some problems with turning money to that organ- ization. Item 12f Mr. Berzina suggested it may be time to bring John Lewis back to town pertaining to goals established at the Retreat. Mayor Lam suggested we wait until after the first of the year. Jack Murphy presented a concept for further development of Lucy Park with the idea of a restaurant and meeting room, ,which would include an out- door eating area and other attractions. Councilor Thomas requested it be placed on the next agenda, for discussion. Mr. Berzina handed out a memo on storm drainage, along with informa- tion on a request for water from Four Square Gospel Church in 86-87, and a status report on the McGrath Creek project. Item 12g The City Council recessed into Executive Session at 11:30 a.m., and reconvened at 12:25 p.m. , with Councilor Thompson not in attendance. Item 12h Moved by Councilor Kirkham that the following be appointed to the Mayors Commission on the Status of Women, with expiration terms as in- dicated. a. Dr. Terry Bartholomew - 9-30-91 (replacing Ranette Halverson) b. Ann Dohrer - 9-30-92 (replacing Paula McKinney) c. Maiu Espinosa - 9-30-92 (replacing Jan Stevens) d. Elaine Purcell - 9-30-92 (replacing Lydia Torres) e. Mona Statser - 9-30-92 (replacing Mary Amy) f. Linda Wilson - 9-30-92 (replacing Brenda Andrews) 586 Item 12h, cont'd. Motion seconded by Councilor Thomas, and carried unanimously. Item 12i Moved by Councilor Kirkham that the following be appointed to the Aviation Advisory Board, with expiration terms as indicated. a. Milburn Nutt - 12-31-92 b. Howard Bucy - 12-31-92 C. Dr. Larry Gunnell - 12-31-92 d. Kay Yeager - 12-31-94 e. Ewell Cason - 12-31-94 f. Leroy Lakey - 12-31-94 Motion seconded by Councilor Thomas, and carried unanimously. Item 12j Moved by Councilor Kirkham that Pat Jones be appointed to the Museum and Art Center Board of Trustees to replace Gail Natale. Motion seconded by Councilor Thomas, and carried unanimously. Item 12k RESOLUTION NO. 197-90 RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE WICHITA COUNTY APPRAISAL DISTRICT. Moved by Councilor Kirkham that Resolution No. 197-90 he passed, appointing Charles Thomas to the Appraisal District Board of Directors. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Hughes, Martin and Kirkham. Nays: None (Councilor Thomas did not vote.) Item 121 Moved by Councilor Kirkham that the term of expiration of Leo Watts to the Library Advisory Board be changed to July 1, 1991. Motion seconded by Councilor Thomas, and carried unanimously. The City Council adjourned at 12:33 p.m. PASSED AND APPROVED this 1990. ichael Lam, or ATTEST: --ly"'-� 1k, Wilma J. Thoma , CMC/AA City Clerk