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Min 12/06/1990 587 i Wichita Falls, Texas Memorial Auditorium Building December 6, 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 Michael Crowell, Christ Lutheran Church. Item 3a Linda Hamilton, of Data Processing, was honored as Employee of the Month for December. Mayor Lam presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4 Moved by Councilor Kirkham that minutes of the meeting held November 20, 1990, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 5a - 8c Item 6a was moved to the regular agenda. Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 5c RESOLUTION NO. 198-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE OPTION TO EXTEND CONTRACT WITH SOUTHWESTERN TELECOM, INC. FOR MAINTENANCE AND SERVICE OF THE CITY'S TELEPHONE SYSTEM Item 7a RESOLUTION NO. 199-90 RESOLUTION TO ACCEPT THE 1989-90 STREET REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO B. D. HAYNES CONSTRUCTION COMPANY. 588 Item 7b RESOLUTION NO. 200-90 RESOLUTION TO ACCEPT THE HAMILTON BOULEVARD DRAINAGE PROJECT AND AUTHORIZE FINAL PAYMENT TO B. D. HAYNES CONSTRUCTION COMPANY Item 8 Minutes of the meetings of the following boards and commissions were received. a. Water Resources Commission - November 2, 1990 b. Planning and Zoning Commission - November 14, 1990 c. Zoning Board of Adjustment - November 21, 1990 Item 6a Moved by Councilor Martin that the bid for a Library Materials Security System for the Kemp Public Library be awarded to 3M Library Security Systems in the amount of $15,634. Motion seconded by Councilor Hughes. Linda Hughes, Library Administrator, explained that they will have service within forty-eight hours on any part of the system, with a $500 per unit annual fee for the maintenance contract. It is in warranty for ninety days. They will have two units because there are two public en- trances to the Library. Various council members commented on the positive steps being taken at the library, and future consideration of outside lights. The motion carried unanimously. Item 9a ORDINANCE NO. 81-90 AN ORDINANCE AMENDING CERTAIN SECTIONS OF APPENDIX C, CODE OF ORDINANCES (ZONING ORDINANCE) , WICHITA FALLS, TEXAS Moved by Councilor Kirkham that Ordinance No. 81-90 be passed. Motion seconded by Councilor Thompson. Mr. McKinney explained that they have combined these various sections that needed to be amended into one ordinance. It was noted that in the future, a large accessory building could not be constructed on a small lot. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 9b ORDINANCE NO. 82-90 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY 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 SUCH ACTIONS. i 589 iItem 9b, cont'd. Moved by Councilor Hughes that Ordinance No. 82-90 be passed. Motion seconded by Councilor Martin. Councilor Thompson confirmed that this action is just to maintain the level we presently have. Mr. Berzina explained that it is necessary to take action to maintain these services each year. If not, they will get back like they were a few years ago at twenty percent. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 9C ORDINANCE NO. 83-90 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO-PLACING CURB AND GUTTER ON STAR AVENUE, LOT 1, BLOCK 89, EAST SIDE GARDENS ADDITION. Moved by Councilor Thompson that Ordinance No. 83-90 be passed. Motion seconded by Councilor Martin. Discussion was held on the reason for the Council to approve this type of request. Mr. Berzina noted deed restrictions and the ability to collect tax liens. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 10a RESOLUTION NO. 201-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF RIGHT-OF-WAY FOR THE MIDWESTERN PARKWAY STREET WIDENING PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Moved by Councilor Hughes that Resolution No. 201-90 be passed. Motio n seconded by Councilor Martin. Mr. Bonnet explained that sidewalk is being provided, as well as street right-of-way. Fence removal damages are included in the appraisal, which is listed in the ordinance. The State pays for the surface and some curb and gutter. The City pays for the right-of-way, sidewalk, and drainage. The City's portion of this project is about forty-five percent, with the remainder coming from federal dollars being returned to us. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None 590 Item 10b RESOLUTION NO. 202-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR THE MIDWESTERN PARKWAY PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Moved by Councilor Thompson that Resolution No. 202-90 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 10c RESOLUTION NO. 203-90 RESOLUTION ACCEPTING CONCEPT OF RESTAURANT/NATURE EDUCATION BUILDING IN LUCY PARK. Moved by Councilor Thomas that Resolution No. 203-90 be passed. Motion seconded by Councilor Kirkham. Brian Bellar, of the MSU Sierra Club, spoke in favor of this concept, stating it will enhance environmental awareness and serve as a focus for pre- senting educational programs on the environment. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 10d ORDINANCE NO. 85-90 ORDINANCE APPROPRIATING $3,000,000.00 IN INTEREST MONIES FROM THE HOLLIDAY CREEK FUNDS FOR THE PURPOSE OF COMPLETING THE HOLLIDAY CREEK PROJECT. Moved by Councilor Martin that Ordincance No. 85-90 be passed. Motion seconded by Councilor Hughes. Mr. Bonnett explained this money will be used to pay various Holliday Creek bills. The motion carried by the following vote. e Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, . and Kirkham. Nays: None Item 10f RESOLUTION NO. 204-90 RESOLUTION CONSENTING TO THE APPOINTMENT OF JIMMY HOLLAND AS SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TWO YEAR TERM. 591 IItem lOf contr d. Moved by Councilor Thomas that Resolution No. 204-90 be passed, appointing Jimmy Holland as substitute Judge of the Municipal Court of Record. 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 lla RESOLUTION NO. 205-90 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE HOLLIDAY CREEK PHASE III STRUCTURE REMOVAL PROJECT. Moved by Councilor Thomas that Resolution No. 205-90 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 12a RESOLUTION NO. 206-90 RESOLUTION TO APPROVE CHANGE ORDER NO. 2 FOR LAKE KICKAP00 DAM IMPROVEMENTS PROJECT Moved by Councilor Hughes that Resolution No. 206-90 be passed. Motion seconded by Councilor Martin. Mr. Bonnett explained the cost changes involved in the dam improvement. The project is expected to be completed in two or three months. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin. and Kirkham. Nays: None Item 12b RESOLUTION NO. 207-90 RESOLUTION TO APPROVE CHANGE ORDER NO. 2 FOR RIVER ROAD WASTEWATER TREATMENT PLANT PROJECT Moved by Councilor Hughes that Resolution No. 207-90 be passed. Motion seconded by Councilor Farabee. Mr. Bonnett explained that this is unique because of the way it is being funded. The Change Orders have nothing to do with the cost, but the way it is funded. State Revolving Fund projects have to be brought to the Council as a Change Order. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None 592 The City Council recessed at 9:25 a.m. , and reconvened at 9:45 a.m. Item 13a Mr. Berzina noted that the Holliday Creek bid was rejected, and they want to start the redesign work, but before they do the local cooperative agreement signed in 1987 needs to be revised. The Corps feels a need to revise the local cooperative agreement and the memo of understanding. They have shown a willing- ness to negotiate these two agreements. One change order would be that the Colonel in Tulsa would no longer sign it, but General Genega in Fort Worth would sign. Mr. Bonnett explained various areas of negotiation, such as limiting exposure to the cost of the dam, who pays the cost of redesign, and land costs. Mayor Lam felt they would want to use the government estimate and the Sherwood bid. He suggested a 2.9 to 3 million figure to be locked in, and limit exposure above that figure. The government is offering to change the verbage 996 to 993 elevation. He suggested the Council decide quickly how they want to move forward. Mr. Berzina expressed that all wrinkles need to be ironed out prior to taking bids. We need some review rights before bid documents go out. Councilor Thomas supported going to Washington to the main office to try to negotiate it. Mr. Berzina noted that we need to know who is going to sign it. Mayor Lam recommended that thestaff work on a preliminary draft and get back to the Council. Item 9d ORDINANCE NO. 84-90 ORDINANCE AMENDING AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS WATER AND SEWER SUBORDINATE LIEN REVENUE BONDS, SERIES 1990-A; CITY OF WICHITA FALLS, TEXAS WATER AND SEWER SUBORDINATE LIEN REVENUE BONDS, SERIES 1990-B; AND CITY OF WICHITA FALLS, TEXAS WATER AND SEWER SUBORDINATE LIEN REVENUE BONDS, SERIES 1990-C;' THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND AUTHORIZING OTHER MATTERS RELATED THERETO. Moved by Councilor Kirkham that Ordinance No. 84-90 be passed. Motion seconded by Councilor Farabee. Fred Werner explained the purpose of this ordinance. Murphy Davis, with Herbert R. Smith Financial Advisors, stated there is nothing in the amendment that is derogatory as far as the City is concerned. It would permit the State to pull these bonds down, and save the State of Texas some money. This will change the way in which the bonds are funded. The motion carried by the following vote. ,,, Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 10e RESOLUTION NO. 208-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FIRST SOUTHWEST COMPANY FOR ARBITRAGE REBATE COMPUTATIONS FOR THE WATER AND SEWER SUBORDINATE LIEN REVENUE BONDS, SERIES 1990 Moved by Councilor Kirkham that resolution be passed. 593 Item 10e, cont'd. Motion seconded by Councilor Thompson. Mr. Werner stated this is somewhat of an insurance policy. He discussed arbitrage rebate service on an as-needed basis. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 13b Irene Lambert presented a support statement of the League of Women Voters for library service in Wichita Falls. Gaylon Harden, owner of Modern Boot and Shoe Repair at 7th and Scott, presented a parking problem in front of his business caused by downtown employees continually using the spaces in front of his business. A 30-minute parking meter was suggested to help alleviate this situation. Item 13c Councilor Thomas commented on a proposed low-water dam near O'Reilly Park, and asked about an inflatable dam. Mr. Bonnett noted they are very expensive to maintain. Councilor Thomas also requested a resolution to go to the legislature on the amount of gas tax which goes to roads. Councilor Martin commended the work done in Jones Park. He also asked about a sign on the highways designating Furstenfeldbruck, Germany as our Sister City. He also expressed interest in an ordinance to identify how numbers should be placed on homes or businesses. Councilor Farabee discussed various methods of investing in our city, such as Community Action Corporation, Community Reinvestment Act to encourage bankers to reinvest, and a capital improvements plan. In August, the citizens indicated they wanted drainage and street improvements, and the Council is looking at costs for that. Beginning in January, he would like to go out into the districts and receive their input as to the projects which are on the drawing board, and give them the impact of costs involved before they go ahead with a capital improvements program. Councilor Farabee also announced a Christmas parade on December 8, in the Sikes Senter area. Councilor Kirkham inquired about the status of the Maurine Street exten- sion. Mr. Bonnett explained that they are working with the State on the cost of utility relocations. They hope to have it under construction in January, 1991, with a December, 1991, completion date. Councilor Kirkham noted a seminar on garbage which he had attended, stating the cost of our garbage will go up in some cases as high as 600 percent. We need to start some kind of a plan as to what we could do in burying garbage. This is a much larger problem than he first-.thought. Councilor Thompson noted the drug problems and the need for recycling lives, stating there are no treatment facilities and halfway houses in the area of Flood and Seventh Street. He also mentioned the need for an enterprise zone in the downtown area and Eastside merchants. 594 Item 13d Mr. Berzina explained that enterprise zones will have to come from the people. All federal funds have been dried up. He also noted that reaction to lighting Jones Park has been very favorable. Item 13e The City Council recessed into executive session at 11:00 a.m. , according to Article 6252-17, Section 2 (g) , VACS. The meeting reconvened at 11:32 a.m. , and immediately adjourned. PASSED AND APPROVED this � day of 199 Michael Lam, May ATTEST: Wilma J. Thomas, CMC AAE City Clerk