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Min 02/05/1991 615 Wichita Falls, Texas Memorial Auditorium Building February 5 , 1991 Item 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 at 8 : 30 o'clock a.m. , with the following members present. Michael Lam Mayor David Farabee - Charles Thomas - Paul Hughes - Councilors J. W. Martin - Don Kirkham - James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk Angus Thompson - Absent The invocation was given by Chaplain Michael Moore, Sheppard Air Force Base. Item 3a David Stockwell was honored as Employee of the Month for February. Mayor Lam presented him with a plaque, City of Wichita Falls pin, and tickets to a theatre and dinner. Item 3b A check for $1000 was presented to Mayor Lam from the Runner ' s Club, for the Parks and Recreation Trail System. Mayor Lam presented a proclamation to the American Heart Association. Item 4 Moved by Councilor Kirkham that minutes of the meeting held January 15 , 1991, be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 5a-7h Moved by Councilor Kirkham that the consent agenda be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None 616 Item 5a RESOLUTION NO. 11-91 RESOLUTION CALLING REGULAR CITY ELECTION FOR MAY 4, 1991; NAMING POLLING PLACES AND ELECTION OFFICIALS Item 5b RESOLUTION NO. 12-91 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ATTACHED LIST OF ACCOUNTS Item 5c RESOLUTION NO. 13-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WICHITA COUNTY TO USE PUNCH CARD VOTING SYSTEM Item 5d RESOLUTION NO. 14-91 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION �W OF UTILITY EASEMENT ON OLD IOWA PARK HIGHWAY, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Item 5e RESOLUTION NO. 15-91 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF TEMPORARY EASEMENTS FOR THE HOLLIDAY CREEK SEWER INTERCEPTOR LINE PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Item 5f RESOLUTION NO. 16-91 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS FOR LIFT STATION #30 , APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Item 5g RESOLUTION NO. 17-91 RESOLUTION TO APPROVE RELOCATION OF 12 INCH GAS MAIN FOR MAURINE STREET EXTENSION PROJECT ` Item 5h RESOLUTION NO. 18-91 RESOLUTION TO APPROVE RELOCATION OF CERTAIN DISTRIBUTION AND TRANSMISSION FACILITIES FOR THE MAURINE STREET EXTENSION PROJECT Item 6a RESOLUTION NO. 19-91 RESOLUTION AWARDING CONTRACT FOR THE PURCHASE OF SUMMER FLOWERS TO PLANTLAND INDUSTRIES, INC. 1 617 Item 6b RESOLUTION NO. 20-91 RESOLUTION AWARDING CONTRACT TO W.H. PORTER, INC. FOR THE PURCHASE OF A SHELTER IN O'REILLY Item 6c RESOLUTION NO. 21-91 AWARD OF BID TO DUKE CONSTRUCTION COMPANY FOR THE CDBG BORTON, AMBER, REDBUD AND LEE STREET RECONSTRUCTION PROJECT Item 6d The bid for three 2-Man Packer Bodies, was awarded to Davis Truck and Equipment (Pak Mor) in the amount of $80, 455 . Item 6e The bid for one 24 , 500 GVW cab and chassis was awarded to Hodges Truck Center in the amount of $28 , 749. 62. Item 6f The bid for two side mounted flail mowers and one rear mounted flail mower was awarded to Construction Agricultural Supply Company in the amount of $18 ,677. Item 6g The bid for three 35 , 000 GVW cab and chassis was awarded to R. L. Anderson International in the amount of $160, 175. 88 . Item 6h The bid for the City' s annual supply of diesel and low lead gasoline was awarded to Grozier Mann Oil Company in the amount of $299 ,760 for 400,000 gallons of diesel fuel, and $439, 300 for 500, 000 gallons of low lead gasoline. Item 6i RESOLUTION NO. 22-91 RESOLUTION TO AWARD BID TO VARIOUS COMPANIES FOR MATERIALS TO RELOCATE A 16 INCH WATER LINE FOR MAURINE STREET EXTENSION PROJECT Item 6j RESOLUTION NO. 23-91 RESOLUTION TO AWARD BID TO CONTROL SPECIALIST, INC. FOR NORTHSIDE WASTEWATER TREATMENT PLANT SLUDGE PUMP REPLACEMENT PROJECT Item 7 Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - January 9, 1991 b. Planning and Zoning Commission - January 9, 1991 c. Civil Service Commission - January 9 , 1991 d. Board of Electrical Examiners - January 10, 1991 e. Landmark Commission - January 17, 1991 618 Item 7 cont'd. f. Kemp Public Library Advisory Board - January 22, 1991 g. Park Board - January 24 , 1991 h. Civil Service Commission - January 22 , 1991 Item 8a ORDINANCE NO. 7-91 AN ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF LONE STAR GAS COMPANY WITHIN THE CITY OF WICHITA FALLS FOR 90 DAYS FROM AND AFTER FEBRUARY 19 , 1991; PROVIDING FOR THE CONTINUATION OF EXISTING RATES WITHIN THE CITY OF WICHITA FALLS; DECLARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hughes that Ordinance No. 7-91 be passed. Motion seconded by Councilor Kirkham. `�++ Willard Townsend appeared as Regional Director of Lone Star Gas Company, stating the last increase was filed in 1982 . He requested an increase of 6. 89 percent to restore their rate of investment, and an increase of 4. 73 percent total revenue. He discussed costs of Lone Star Gas and other gas companies in Texas. Councilor Kirkham noted that this ordinance would suspend the date for 90 days to allow them to review operations of the company, hearings, rates, etc. He would like to negotiate with the company for a lesser rate, and proposed that we offer to settle for a 2. 3 percent increase. The Council favored study and negotiation. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 8b ORDINANCE NO. 8-91 AN ORDINANCE AMENDING CHAPTER 24, SECTION 24-21 (a) , CITY OF WICHITA FALLS CODE OF ORDINANCE, AND INCREASING THE NUMBER OF CLASSIFIED PERSONNEL IN THE POLICE DEPARTMENT AND DECLARING AN EMERGENCY Moved by Councilor Thomas that Ordinance No. 8-91 be passed. Motion seconded by Councilor Hughes. Chief Harrelson explained that this grant from state funds will be used to assign an officer to the task force. The grant will terminate on August 31, after which time the officer would come over into the ranks. 619 Item 8b cont 'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 8c ORDINANCE NO. 9-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE CRIMINAL JUSTICE DIVISION, GOVERNOR' S OFFICE FOR PURPOSES OF A NARCOTICS ENFORCEMENT OFFICER Moved by Councilor Thomas that Ordinance No. 9-91 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 8d ORDINANCE NO. 10-91 AN ORDINANCE AMENDING THE LANDMARK COMMISSION'S COMPOSITION Moved by Councilor Farabee that Ordinance No. 10-91 be passed. Motion seconded by Councilor Martin. Councilor Thomas asked who requested this, and Mr. Murkejee, of the Planning Department, stated that it is an existing vacancy, and no one had requested it. He stated that he checked with Midtown Now, and was told they are presently inactive. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Hughes, Martin, and Kirkham Nays: Councilor Thomas Item 8e ORDINANCE NO. 11-91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ENTITLED "ADMINISTRATION: , BY PROVIDING FOR A NEW SECTION 2-55 , TO BE ENTITLED "EMERGENCY ACTION" ; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPENED TO THE PUBLIC AS REQUIRED BY LAW 620 Item 8e cont'd. Moved by Councilor Hughes that Ordinance No. 11-91 be passed. Motion seconded by Councilor Martin. City Attorney Gregory Humbach explained the reason for this action to take advantage of this provision of the Torts Claim Act. It is a protection of the City. Chief Harrelson explained the pursuit process, stating they limit the number of persons involved in a pursuit. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes , , Martin, and Kirkham Nays: None Item 8f ORDINANCE NO. 12-91 Aft ORDINANCE WAIVING SECTION 22-4 OF THE CODE OF Iwo ORDINANCES TO PERMIT BEER IN HAMILTON PARK ON MARCH 23 , 1991 DURING THE ANNUAL EASTER SEAL RUN Moved by Councilor Kirkham that Ordinance No. 12-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 8g ORDINANCE NO. 13-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM CRIMINAL JUSTICE DIVISION, GOVERNOR' S OFFICE FOR PURPOSES OF A CAMPUS DRUG ENFORCEMENT OFFICER Moved by Councilor Thomas that Ordinance No. 13-91 be passed. Motion seconded by Councilor Farabee. Chief Harrelson explained that this grant program has been very successful, stating the officer works all junior high and high schools. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None 1 621 Item 9a RESOLUTION NO. 24-91 RESOLUTION ACCEPTING GRANT AWARD FROM CRIMINAL JUSTICE DIVISION OF THE GOVERNORS OFFICE FOR SECOND YEAR FUNDING FOR CAMPUS DRUG ENFORCEMENT OFFICER Moved by Councilor Thomas that Resolution No. 24-91 be passed. Motion seconded by Councilor Hughes. Chief Harrelson reported that Nola Huneycutt had graduated from the class as most outstanding student from the D.A.R.E. program. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 9b j RESOLUTION NO. 25-91 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM FOR STUDY TO DETERMINE COMPLIANCE WITH FEDERAL AND STATE WATER QUALITY REGULATIONS Moved by Councilor Hughes that Resolution No. 25-91 be passed. Motion seconded by Councilor Kirkham. Mr. Bonnett explained this deals with potable water, and they are being required to obtain certain standards. This study will identify any modifications to the plant which are needed. These studies are needed for inclusion in the next budget year. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 9c A proposed resolution was presented authorizing the City Manager to execute a contract with the consulting firm of Reed- Stowe and Company to conduct a rate analysis of Lone Star Gas Company' s local rate case. Moved by Councilor Hughes that the proposed resolution be tabled for further consideration. Motion seconded by Councilor Martin. Mr. Berzina emphasized that we are not at odds with the gas company, but agrees with Councilor Kirkham' s approach that there may be room for negotiations. Public hearings were suggested by Councilor Kirkham for the next two meetings. 622 Item 9c cont'd. The motion carried unanimously. Item 9d RESOLUTION NO. 26-91 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM FOR LAKE WICHITA STUDY Moved by Councilor Hughes that Resolution No. 26-91 be passed. Motion seconded by Councilor Kirkham. Mayor Lam commented that this is the initial step that we feel is necessary to do something with Lake Wichita. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 9e RESOLUTION NO. 27-91 RESOLUTION AUTHORIZING POLICE DEPARTMENT TO MAKE GRANT APPLICATION TO TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE FOR D.A.R.E. PROGRAM Moved by Councilor Kirkham that Resolution No. 27-91 be passed. Motion seconded by Councilor Hughes. Chief Harrelson explained that this program is aimed at 5th and 6th grades. It is to teach young people how to say no to peer pressure and gang activity. No additional personnel is required for this program. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None - - - - - - - - - - ,•."' Item 9f RESOLUTION NO. 28-91 RESOLUTION TO APPROVE CONTRACT WITH HARPER-PERKINS ARCHITECTS, INC. FOR ARCHITECTURAL CONSULTING SERVICES RELATED TO TENNIS CENTER RECONSTRUCTION PROJECT Moved by Councilor Kirkham that Ordinance No. 28-91 be passed. Motion seconded by Councilor Farabee. i 623 Item 9f cont'd. Mr. Berzina explained there is a time problem in getting all the work done prior to the tennis tournament in June. Because of this, they will monitor the situation on whether to start the project before the tournament or wait until after it is over. Gladys Barley, 4406 Tobago, explained that in working with the tennis tournament, she would not recommend putting matches on the five north courts of Weeks if the work is not done on them prior to this tournament. The Mayor noted they would get the word to the architect. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 9g RESOLUTION NO. 29-91 RESOLUTION ACCEPTING THE NARCOTICS OFFICER/1 GRANT FROM THE GOVERNOR' S OFFICE, CRIMINAL JUSTICE DIVISION Moved by Councilor Martin that Resolution No. 29-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 9:40 a.m. , and reconvened at 10: 00 a.m. Item 9h RESOLUTION NO. 30-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JUDSON COMPANY D/B/A SEACOM TO MARKET THE PROPERTY AT 1000 SCOTT STREET Moved by Councilor Hughes that Resolution No. 30-91 be passed. Motion seconded by Councilor Martin. Councilor Hughes noted that six proposals were received. The committee narrowed them down to three, and interviewed those three. They recommended going with the Seacom proposal, which is Robert Seabury. He stated this was the most economical proposal to the City. The motion carried by the following vote. 624 Item 9h cont'd. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 10a Moved by Councilor Hughes that the bid for one 50, 000 GVW cab and chassis be awarded to R. L. Anderson International in the amount of $46, 236 . 49. Motion seconded by Councilor Martin, and carried unanimously. Item 10b RESOLUTION NO. 31-91 RESOLUTION ACCEPTING BID FOR DISPOSAL OF HAZARDOUS CHEMICALS AND AUTHORIZING CITY MANAGER TO ENTER Aft INTO CONTRACT 14 Moved by Councilor Martin that Resolution No. 31-91 be passed. Motion seconded by Councilor Hughes. Chief Harrelson explained this request for disposal of chemicals by the North Texas Drug Task Force. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item lla Mrs. Ozuna asked if the Hatch Act applies to Council members? Mr. Humbach explained it applies to federal contracts we enter into. Mayor Lam presented a proclamation to Reuben Warren, of the Health Department, for Public Health Week. Item llb Councilor Thomas asked about the regulations of red lights on pursuit vehicles. Mr. Humbach explained that they have to be authorized vehicles. Councilor Thomas also asked about the one bid received on Item 6d. Robert Parker explained that other companies have discontinued making these packer bodies. Mr. Berzina noted there is a change coming in the business. Some have changed because of workers comp and injury. It is still economical for us, and they will continue to monitor the situation. 625 i Item llb cont'd. Mayor Lam clarified procedures for the sale of homes, and the requirement of a survey for a slight variance of approximately six inches over the building line. Building institutions will usually go ahead and make the loan based on a letter from the City of Wichita Falls. There is a user related fee of $25. 00 for this letter. Subir Murkejee, Planning Department, noted this is required by ordinance. It is also required on flood plain letters. Item llc f Mr. Berzina noted that a notice had been posted for Thursday, at 1: 00 p.m. , for a meeting with the Texas Department of Commerce, pertaining to enterprise zones. Item llc cont'd. Linda Hughes, Library Administrator, reported that the State has determined that we are now an area resource center. They have received approximately $9, 559 from the library, and will be receiving in excess of $25 ,000 in state funds, which will provide funds for securing other library improvements. Item lld The City Council recessed into executive session at 10: 23 a.m. , according to Article 6252-17, Section 2(g) , V.A.C.S. The meeting reconvened at 11: 28 a.m. Item lle Moved by Councilor Kirkham that Art Frerich be reappointed to the Civil Service Commission for a term to expire March 1, 1994 . Motion seconded by Councilor Thomas, and carried unanimously. Item llh Moved by Councilor Kirkham that David Potter and Lt. Colonel Nicholas D. Boley be appointed to the Aviation Advisory Board for terms to expire December 31, 1993 . Motion seconded by Councilor Hughes, and carried unanimously. (One vacancy open. ) Item lli Moved by Councilor Kirkham that Ralph Morgan be appointed to the Community Relations Committee. Motion seconded by Councilor Martin, and carried unanimously. 626 Item lli cont'd. Positions on the Commission on Disabilities and the Commission on Aging were left open for more applications. The meeting adjourned at 11: 30 a.m. PASSED AND APPROVED this 1�'.�c/day of fc 1991. *i1chael Lam, Itayor : ATTEST: "A"4 ' !L� Wilma J. Th mas, CMC/AAE City Clerk