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Min 03/20/1984 i 391 Wichita Fails , Texas Memorial Auditorium Building March 20, 1984 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. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Craig A. Wilson Councilmen Howard M. Morris Horace 0. Boston James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer The invocation was given by Roger Denis, Faith Lutheran Church. Item 3 Moved by Councilman Boston that minutes of the meeting held March 6, 1984, be approved. Motion seconded by Councilman Morris, and carried unanimously. Items 4a - 7a Moved by Councilman Morris that the consent agenda be approved. Motion seconded by Councilman Harper. Item 4a RESOLUTION NO. 43-84 RESOLUTION AUTHORIZING GRANT APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR POLICE COMMUNITY SERVICES OFFICER PROGRAM FOR SECOND YEAR OF FUNDING. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays: None Item 5a The bid for an air compressor for Public Utilities was awarded to Cessco Rental and Sales in the amount of $6,065. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6a Minutes of the meeting of the Park Board held February 23, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None 392 Item 6b Minutes of the meeting of the Design Review Commission held March 7, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7a RESOLUTION NO. 44-84 RESOLUTION APPROVING REFUND OF OVERPAYMENT OF PROPERTY TAXES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 8a Discussion was held on a proposed ordinance to allow the operation of an RV park in Scotland Park. A motion was made by Councilman Wilson, for discussion, and seconded by Council - man Harper, that the proposed ordinance be approved. Councilman Wilson asked if this will not also allow transients to sleep under a tree; those not necessarily a guest staying in the park? City Attorney H. P. Hodge stated that this is a point well taken, and he suggested wording to state that it would be paying guests of the RV park. Councilman Thomas noted that this is the first step, and they will also be making rules of the park. He further noted that sanitation problems will also need to be addressed. Moved by Councilman Thomas that this ordinance be tabled until we come back with a complete list of rules and regulations for the park. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8b ORDINANCE NO. 31 -84 ORDINANCE REMOVING ASSESSMENT AND LIENS FROM THOMPSON ROAD RECONSTRUCTION PAVING PROJECT (Project 83-2) . Moved by Councilman Thomas, for discussion, that Ordinance No. 31 -84 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked if we had checked on the land owners in the area to see if they need this type of grant? The City Manager stated that if they give it to one, they have to give it to all of them. City Attorney H. P. Hodge stated that we need this action to clear the liens on the property. Councilman Swift asked how this will affect our budget? The City Manager explained that it will not affect the City' s budget. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays: None Item 8c ORDINANCE NO. 32-84 AN ORDINANCE AMENDING ARTICLE IV, DIVISION 5, CHAPTER 2 OF THE CODE OF ORDINANCES RELATING TO THE IDENTIFICATION AND PRESERVATION OF HISTORIC 393 Item 8c Cont'd. LANDMARKS IN WICHITA FALLS: DESIGNATING CERTAIN LANDMARKS, PROVIDING A SEVERABILITY CLAUSE: AND DECLARING AN EMERGENCY Moved by Councilman Morris that Ordinance No. 32-84 be passed. Motion seconded by Councilman Harper. Councilman Swift noted that this closely follows the guideline he suggested. He attended the meeting where this was discussed, and expressed his consent to what they were proposing. He stated that he would go along with it. Councilman Morris noted that he has served as liaison to this commission, and these changes have been in the process for two years or more. There has been a lot of time spent on it. One of the things they wanted to do was to make certain there was a certain amount of expertise on the Commission. Councilman Wilson asked about the landscaping requirement, and how it would be enforced? Councilman Morris stated that it would be not to stop any changes, but somebody could be there to see what was uncovered. If they ran into something, a team of people could get in there to see what was being torn up. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10e RESOLUTION NO. 45-84 RESOLUTION AWARDING CONTRACT FOR STABILIZATION OF THE LITTLEST SKYSCRAPER COMPLEX Moved by Councilman Thomas that Resolution No. 45-84 be passed. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris , and Boston Nays: None Item 10f RESOLUTION NO. 46-84 RESOLUTION AWARDING CONTRACT FOR STABILIZATION OF THE ROUTE BUILDING Moved by Councilman Morris that Resolution No. 46-84 be passed. Motion seconded by Councilman Harper. Councilman Wilson stated that he hopes the Heritage Society continues with diligent efforts to get a suitable tenant so that we can transfer title to the property. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Morris, and Boston Nays: Councilman Wilson Item 9a RESOLUTION NO. 47-84 RESOLUTION AMENDING RESOLUTION NO. 24-84, TO INCREASE THE PAY FOR ELECTION OFFICIALS. 394 Item 9a, Cont'd. Moved by Councilman Thomas that Resolution No. 47-84 be passed. Motion seconded by Councilman Boston, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9b RESOLUTION NO. 48-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH BLYTHE-NELSON INFORMATION SYSTEMS FOR PROFESSIONAL SERVICES RELATING TO THE CITY' S TELEPHONE SYSTEM REPLACEMENT PROJECT Moved by Councilman Thomas that Resolution No. 48-84 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked if we don' t have anyone locally who is eligible to do this study? Ed Barrett stated that we don' t. Mayor Cook stated that Blythe-Nelson has the credentials to assist in the selection and installation of a new total communication system. This can't be done with existing staff. The fee is rather large, but he has a feeling they will earn every penny of it. Councilman Swift stated that we are spending money for consultants to find people to check out the greenbelt project, the telephone system, and all kinds of things. He is getting a little bit tired of it. Some of this will have to be transferred to in-house duties. Ed Barrett stated that without the expertise in the staff, they were afraid they would not get the system that is needed by the City. Councilman Swift stated that he understands the reason behind it, and somebody will provide this equipment ultimately. If he were going to do this, he would come down here and submit a proposal , and tell us what he would sell it to us for. City Manager James Berzina stated that we first look at it and see if we can do it ourselves. He stated that he does not have any intention of recommending that we bring in a consultant for the greenbelt. If we do this thing right we will wind up with a better system, and one that will pay for itself. The present system is 20 years old. People have problems getting into the offices. Provision of emergency services makes this most important. Councilman Swift stated that $28,000 seems high to him. The City Manager mentioned trunk lines, intercom lines, direct dialing, and other features that need to be looked at. Ed Barrett stated that the City's annual long distance telephone bill amounts to $175,000 to $200,000. Service charges run about $12,000 per month. Mayor Cook noted that the systems are very complex, and he believes a consulting firm can provide an outside opinion. They can even be linked to computers. Council- man Swift stated that it disturbs him that we would consider tying a telephone system into a computer. The motion was carried by the following vote. Ayes: Mayor Cook Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9c Discussion was held on a proposed resolution approving a fifth amendment to the water purchase contract with Archer County Municipal Utility District No. 1 . A motion was made by Councilman Harper, and seconded by Councilman Wilson, for passage of the resolution. Councilman Harper stated that this concerns him. This is well within our extraterritorial jurisdiction, and we will be moving it back, which means that somebody has an idea that they will develop it along there in five acre tracts. 395 Item 9c, Cont'd. Director of Planning Roger McKinney stated that it basically is already divided into five-acre tracts. The area that is being served here already has the water connections in many cases. They own the acreage, and where the service is located is within the Archer County Municipal District boundaries. It is 30-40 feet back from the road. The purpose was not to increase the need for additional meters, but to bring the service area they have to five acres so they can levy taxes, if necessary. j Councilman Wilson asked what the rate is? Jerry Gross stated that it is 52.02 cents for treated water. Councilman Harper stated that there are two areas where the water supply corporation is serving the citizens of Wichita Falls. What happens when our city grows within that water district? How does the city take it over? City Attorney H. P. Hodge stated that the water purchase contracts have a provision that if the city annexes that area, the city may furnish those users. A federal statute regarding things financed by federal funds states that the city shall not do anything that will be detrimental to the small district or corporation. They do not want us to go in and take all the customers so that they won' t be able to pay off their bonds . When the district bonds were issued, those homes were not there so he cannot see how it would harm them. Councilman Harper mentioned an area near Lake Wichita that is almost like another city. There is a possibility that we will have neighbors on the utility district, and one on city water. It is something we should start thinking about. There is nothing that makes a piece of prairie land more valuable than a water line and sewer line. We will have to deal with urban sprawl . There needs to be some kind of contractual price in these contracts that the city would purchase it for, and it should be an agreed to price at the time of installation, instead of market value. We need to be equally careful , as with Lakeside City, in negotiating these contracts. Councilman Wilson suggested that before we amend this contract it would be appropriate to include an amendment to provide for a purchase before these contracts are amended. He suggested that we table this , and have a work session to talk about these problems at the same time. Councilman Thomas asked if the shaded area is the only area they want the 1089 feet extended? Mr. H. B. McDonald stated that this is the only place their boundary lines are along the road. The reason for this request is if they need sewer or to upgrade their system they will need to have taxation. At this time they do not have a subdivision going on. If a person does not have five acres and a 200-foot frontage , he cannot hook up to the water. The system is designed to care for 400 meters , rather than the 300 meters they have. It was turned on in 1975. It is a 40-year contract. Mr. McDonald stated that it cost $225,000 to put in the system. All their lines are at least four-inch, except one two-inch for one customer. Moved by Councilman Harper that this matter be tabled for additional consideration of contractual agreements. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9d was deleted from the agenda. Item 9e RESOLUTION NO. 49-84 RESOLUTION DENYING THE RIGHT OF TEXAS UTILITIES ELECTRIC COMPANY TO PLACE IN EFFECT THE PROPOSED CHANGES IN ITS RATES. Moved by Councilman Thomas that Resolution No. 49-84 be passed. Motion seconded by Councilman Morris, and carried by the following vote. 396 Item 9e, Cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston. Nays: None Item 9f RESOLUTION NO. 50-84 RESOLUTION TO APPROVE A CONTRACT WITH THE FIRM OF BIGGS & MATHEWS, INC. , FOR ENGINEERING SERVICES RELATED TO THE EXPANSION OF THE CYPRESS STREET WATER TREATMENT PLANT Moved by Councilman Harper that Resolution No. 50-84 be passed. Motion seconded by Councilman Morris. Councilman Harper noted that Biggs and Mathews offered the best alternatives. This is the first local firm in a long time. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston. Nays: None Item 9 RESOLUTION NO. 51-84 RESOLUTION RATIFYING THE AUTHORITY OF THE CITY MANAGER TO SIGN APPLICATIONS AND AMENDMENTS TO WATER USE PERMITS BEFORE THE TEXAS WATER COMMISSION AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY FUTURE ACTIONS BEFORE THE TEXAS WATER COMMISSION. Moved by Councilman Morris that Resolution No. 51-84 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston. Nays: None Item l0a RESOLUTION 52-84 RESOLUTION APPROVING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A CONTRACT WITH NEW WORLD CLEANING SERVICE FOR JANITORIAL SERVICES AT WICHITA FALLS MUNICIPAL AIRPORT. Moved by Councilman Morris that Resolution No. 52-84 be passed. Motion seconded by Councilman Boston. City Manager James Berzina stated that they are looking at other areas for consideration. Councilman Wilson asked about the $25,000 estimate? Bob Parker mentioned workman' s comp costs if we use part-time employees on Saturday and Sunday. This is a 6-month contract, with a one-year option, and the contractor is aware of it. He stated that a janitor from 8-4 can write tickets. Councilman Thomas was con- cerned that the airport not be neglected by writing tickets. Mr. Parker stated the problem has been taken care of. Mayor Cook complimented Mr. Parker on doing an excellent job. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston. Nays: None 397 Item 10b Discussion was held on a proposed resolution for 1984 replacement of utility lines. A motion was made by Councilman Thomas, and seconded by Councilman Harper that the bid be awarded to Opex, Inc. , in the amount of $96,478.50, and that the bid bond of Sur-Flo Utilities be returned. Councilman Thomas was concerned about the dollar amount in the resolu- tion, as opposed to Alternate 2. It is not $96,000, but the additional $26,000. He is concerned how Sur-Flo can make that kind of mistake. Acting Director of Public Utilities stated that the bids did not reflect the amount of concrete work that would be required. Sur-Flo made a mistake in the computation because they did not include the amount of concrete work which was required, and it was substantial . He stated that it may be open to question whether the bid specifications required the bidder to investigate the work site. Mr. Gross stated that due to the level of design needed on a larger project that we try to do in-house, he is going to need some outside help. Councilman Thomas asked why we can' t use our draftsmen and survey team from other departments? Mr. Berzina stated that we have one project in the Public Works Department that would tie up one engineer for about six months. We need to look at alternatives for internal usage of personnel . He further stated that any time a contractor has to go out and make assumptions, then we are paying penalties. In combining Public Utilities and Public Works, we could utilize personnel as needed. Councilman Harper stated that we are paying a penalty of 10-75. percent. He stated that most consultants design 50 of these a year, and in-house people design only one every 3-4 years. Councilman Wilson stated that the plans are only as good as the records. Councilman Boston stated that the thing that bothers him is that they have had several contractors ask to have their bid bonds returned, and this disturbs him. Councilman Swift suggested that in the future you don' t send these people bids--just cut them off. Councilman Wilson also has a question as to their responsibility. Councilman Boston stated that at some point in time we will have to determine who eats these bid bonds. Mayor Cook noted that if it was a stupid mistake, the bid bond should not be returned. If it was a legitimate mistake, then it would be a prudent decision to return it. Councilman Wilson asked the City Attorney if he had looked at the bid? He stated that he hadn' t--he had just looked at the law. Jerry Gross stated that we do not specify where driveways and street cuts need to be made, or how many. Councilman Morris stated that all his bids required him to look at the job-site. The City Attorney noted that the law recognizes the difference between a stupid mistake and some other kind. Councilman Harper noted that perhaps the reason we should not cash his bid bond is that perhaps the plans and specifications were not as clear as possible. Mr. Gross read the specifications, which stated that he shall examine the site. Councilman Morris stated that he could not believe that he would leave off the concrete when he is in that business. Councilman Wilson believes we should defeat this , and cash his bid bond. The motion failed by the following vote. Ayes: None Nays: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston. 398 Item 10b, Cont'd. RESOLUTION NO. 53-84 RESOLUTION AWARDING CONTRACT FOR 1984 REPLACEMENT OF UTILITY SYSTEMS. Moved by Councilman Harper that Resolution No. 53-84 be passed, awarding the bid to Sur-Flo Utilities in the amount of $91 ,977.36, or to Opex, Inc. in the amount of $96,478.50, in case Sur-Flo fails to execute the contract or secure necessary bonding. If Sur-Flo fails to perform, their bid bond will be cashed by the City Manager. Motion seconded by Councilman Wilson. Councilman Thomas asked why we are abandoning this line? Mr. Gross stated that they had to build another one because of the growth of Tanglewood Hollow. Councilman Thomas stated that this is a valuable lot, except for this. He sug- gested that the City Attorney take a look at it to see what the nature of the city's use is, and what could be done with it. Dick Manahan stated that the developer is probably the owner of the land which the easement is on. Councilman Wilson stated that if we had to pay for that easement, we should see how much more it is to acquire fee simple to it. Councilman Thomas feels there is some money there that can be brought back into the treasury. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston. Nays: None Item 10c RESOLUTION NO. 54-84 AWARD OF BIDS FOR GRAZING LEASES AT LAKE KICKAP00 Moved by Councilman Harper that Resolution No. 54-84 be passed. Motion seconded by Councilman Boston. Councilman Wilson asked if we could include a provision that we share in the lease revenue of hunting rights? The City Attorney stated that it has always been his idea that grazing cattle and public hunting on it is incompatible. This is spelled out in the lease. If he sells someone a hunting lease, that is another problem. Mr. Gross stated that they have added a provision in the contract that he shall not sublet the land for any purpose. Mr. Hodge suggested that they add the phrase, "including hunting leases" . The motion was carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays: None Item 1 Od RESOLUTION NO. 55-84 RESOLUTION AWARDING CONTRACTS TO VARIOUS PARTIES TO PROVIDE MAINTENANCE SERVICES ON 17 SMALL PARKS IN WICHITA FALLS DURING THE YEAR 1984. Moved by Councilman Harper that Resolution No. 55-84 be passed. Motion seconded by Councilman Thomas. Dorcas Chasteen, Park Department, stated that a pre-bid conference was held. Maintenance of the machine was not figured in; neither was employee injury and compensation. Gas and oil was figured in. 399 Item 10d, Cont'd. Councilman Thomas asked if we could give them an incentive for completion of the work on schedule, such as holding back a week's fee, or something? He also mentioned an award for the best maintained facility. The Council expressed appreciation for the work of the Park Department in getting these bidders. Mayor Cook stated that he believes the City will realize some savings on these projects, and he hopes they finish the contracts. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston. Nays: None Item Ila RESOLUTION NO. 56-84 RESOLUTION APPROVING THE FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF THE WATER TREATMENT PLANT IMPROVEMENTS, CONTRACT NO. 1 , SECTION 1 Moved by Councilman Morris that Resolution No. 56-84 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 11 b RESOLUTION NO. 57-84 RESOLUTION APPROVING CHANGE ORDER #1 , WATER DISTRIBUTION IMPROVEMENTS ALONG KELL FREEWAY BETWEEN ALLENDALE ROAD AND CYPRESS PLANT. Moved by Councilman Morris that Resolution No. 57-84 be passed. Motion seconded by Councilman Wilson. Councilman Harper asked if it is common that the Railroad ignores us? Acting Director of Public Utilities Jerry Gross stated that he guessed they were independent, and acted accordingly. City Attorney H. P. Hodge stated that the Railroad has the responsibility to maintain the part between the rails, and one foot on each side of the rails. Councilman Harper noted that the railroad on Scott Street near Kell , and also 7th Street, needs repair. Mayor Cook stated that this could be enforced be- tween the Traffic and Legal Departments. The City Manager stated that we would look at it to determine our options. The motion was carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 12a Moved by Councilman Thomas that authority be granted to advertise for bids for construction of roads and parking at the RV Park. Motion seconded by Councilman Wilson, and carried unanimously. Councilman Harper asked about the plans on the Red Door project? Sam Grove stated that he is monitoring them. 400 Item 12b Moved by Councilman Wilson that authority be granted to advertise for bids for water meters to support the meter changeout program. Motion seconded by Councilman Boston, and carried unanimously. Item 13a ORDINANCE NO. 33-84 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Councilman Wilson that Ordinance No. 33-84 be passed. Motion seconded by Councilman Harper. Mayor Cook noted that this operational audit showed an area where the City was losing some revenue, and it will show an investment for the city. Councilman Morris stated that he does not believe they can do 15 meters a day. Mr. Gross stated that the only thing they will be doing is changing the meters, and not adjusting anything. It will not become bogged down. Mr. Gross explained the methodology used in arriving at the figures presented, stating that they were very conservative. Fred Werner stated that error rates of 0-2 consumptions will definitely indicate if there is any positive trend in this area. Councilman Morris stated that we have a tremendous opportunity for a pay back in less than one year. Mr. Thompson, Auditor, stated that it appeared that Mr. Gross ' computation would be very favorable to us. He feels this will generate substantial income to the City as a result of this program. Councilman Wilson applauded the efforts of the auditor and other people involved in this. Councilman Harper wondered if it would cost less to let a private contractor do part of it, and the City do part of it, also? He does not want it slowed down. Mayor Cook feels that timing is critical with the high water usage coming up. Mr. Gross believes it will take five months to complete. It will be May 15 before they can begin. Councilman Morris asked how many curbs they break? Mr. Gross noted that it depends on the part of town involved. Councilman Harper questioned how competitive bids would be bid. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston. Nays: None Item 13b Moved by Councilman Wilson that bids for the 1984 Community Development Block Grant replacement of utilities be rejected. Motion seconded by Councilman Morris, and carried unanimously. Item 13c The City Council recessed into executive session at 11 :05 A.M. , pursuant to Article 6252-17, Paragraph (g) and (e) of the Revised Civil Statutes. The meeting reconvened at 1 :15 P.M. , and immediately adjourned. PASSED AND APPROVED this day of 1984. y D ook, Mayor ATTEST: j ilma J. Thoma , City Clerk