Loading...
Min 05/15/1984 433 Wichita Falls, Texas City Auditorium Building May 15, 1984 Items 1 & 2 The CityCouncil of the City of Wichita Falls Texas Y 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 Councilmen Craig A. Wilson Bill Palmer James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Todd Ditloff, Our Redeemer Lutheran Church. Item 3 Moved by Councilman Thomas that minutes of the meeting held April 27, 1984, be approved. Motion seconded by Councilman Palmer, and carried unanimously. Councilman Wilson noted that a clarification should be made in the eighth paragraph on Page 430 of the minutes of May 1 , 1984, to clarify that Councilman Thomas made the last statement. Moved by Councilman Wilson that minutes of the meeting held May 1 , 1984 be approved, as corrected. Motion seconded by Councilman Thomas, and carried unanimously. Items 4a - 7c Items 6a and 6c were moved to the regular agenda. Moved by Councilman Wilson that the consent agenda be approved. Motion seconded by Councilman Harper. Item 4a ORDINANCE NO. 56-84 ORDINANCE MAKING AN APPROPRIATION FROM ACCOUNT NUMBER 11-000-3902 TO ACCOUNT NUMBER 11-010-4537, FOR THE PURPOSE OF PAYING BILLS INCURRED BY THE YOUTH ACTIVITIES ADVISORY COUNCIL IN PRESENTING "THRILLER NIGHT '84" , FOR A LUNCHEON AT THE END OF THE COUNCIL TERM, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 434 Item 5a RESOLUTION NO. 90-84 RESOLUTION APPROVING AN AGREEMENT WITH THE MKT RAILROAD COMPANY AS LICENSE FOR PIPE LINE CROSSING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5b RESOLUTION NO. 91-84 RESOLUTION APPROVING SUBSTITUTION OF THE STANLEY WORKS FOR INGERSOLL- RAND COMPANY IN NON-ANNEXATION AGREEMENT. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5c RESOLUTION NO. 92-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THEIR PROVIDING OF FUNDS FOR THE SALARY OF ONE PUBLIC HEALTH TECHNICIAN II . Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays : None Item 6b RESOLUTION NO. 93-84 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF ROADS AND PARKING LOTS AT THE OVERNIGHT RV PARK TO ZACK BURKETT COMPANY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Items 7a, b, c Minutes of the meeting of the Kemp Public Library Advisory Board held March 19, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Park Board held April 26, 1984, were received. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Civil Service Commission held April 25, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 435 Item 6a RESOLUTION NO. 94-84 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF COMMUNITY DEVELOPMENT PROJECT 84-2 (CARRIGAN et al ) Moved by Councilman Harper, for discussion, that Resolution No. 94-84 be passed. Motion seconded by Councilman Wilson. Councilman Harper noted that in his business you take the concrete bid if it is 15% more than asphalt. If it is between 15 and 20 percent, you take a look at it. This amount represents about 18 percent, and he feels we should take a look at it to see if we should take the concrete bid. He asked how many sacks of concrete were specified? Martin Raabe, Acting City Engineer, stated that 52 sacks minimum were required in the contract. He stated that we take the low bid. He further stated that all of our local contractors are hot-mix oriented. There is probably only about five percent difference in hot mix and concrete in these bids. It is other items that make up the difference in the amount of the contract. The contractor will move the utilities in this contract. If we backed out these items, the amount would be about the same. Councilman Harper amended his motion to accept alternate B, and award the bid to Zack Burkett in the amount of $315,919.79. Mr. Raabe stated that in other cities residential streets have a minimum of five inches of concrete, and eight inches for commercial streets. He stated that he feels concrete is the most economical way to go. Discussion was held on the difference between concrete and asphalt. Mayor Cook stated that he attended a Seminar on concrete versus asphalt, and it was pointed out by Mr. Harper that it would be prudent to consider concrete when you consider maintenance and the life of it. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6c Moved by Councilman Harper, for discussion, that bids for equipment for the Central Services Complex be awarded as follows. a. Four 2-hose fuel pumps - United Pump Supply, in the amount of $10,664.08. b. Three floor mounted hydraulic lifts, and relocation of two lifts from the old garage to the new complex - Service Station Equipment, in the amount of $12,689.58. Motion seconded by Councilman Thomas. Councilman Harper stated that he brought this up because of moving the lifts. Perhaps we should go to new lifts, rather than moving the old ones. Councilman Thomas asked what the old building will be used for? Bob Parker stated that Jerry Gross would use it for storage. Mr. Gross stated that he will not need the lifts. Mr. Parker stated that if we are not able to use them when we get them out of the ground, we have enough money to buy two more new ones. Councilman Thomas stated that if the heads are good, we are not talking about that much more money. This item was deferred until later in the meeting for Mr. Parker to get more information from the bidder. Mr. Parker later reported that he is confident that the old lifts can be used. The cost for removal is $300. If they are not good enough to use, the bidder will furnish two additional new ones for the same price. 436 The motion was carried by the following vote. Ayes: Mayor Cook, Councilman Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None. Item 8Ia. A public hearing was opened on the application of Steve Knudsen, for a Certificate of Public Convenience and Necessity, to operate Prestige Limousine Service in the City of Wichita Falls. Steve Knudsen, 5118 Professional Drive, stated that there are several social and economic advantages for this service. He feels there is a need for it in the community, and he hopes the Council will give him a permit to operate. No one else desired to be heard, and the public hearing was closed. RESOLUTION NO. 95-84 RESOLUTION GRANTING STEVE KNUDSEN, DOING BUSINESS AS PRESTIGE LIMOUSINE, A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A VEHICLE FOR HIRE SERVICE WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF WICHITA FALLS Moved by Councilman Palmer that Resolution No. 95-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilman Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8IIa Kevin Cook appeared as tournament director for the Wichita Falls Invitational fast pitch tournament. He addressed the requirement for off-duty policemen to enforce the alcoholic beverage ordinance in the parks. He stated that if this is continued, they will not be able to continue to have the tournament here in Wichita Falls. They are not asking for a waiver of the ordinance, but to allow them to enforce it themselves. Mayor Cook confirmed that this is not a waiver of an ordinance, but a policy of the Chief of Police. Parks Director Bill Hursh agreed that additional security is needed, and this is the reason this policy was adopted. Costs have continued to go up, and even though we use fewer officers the cost will still be about the same because of overtime requirements. Councilman Thomas asked if we require policemen at other ball parks? Mr. Cook stated they were the only one. They have plans to enforce these regulations. They will permit patrol checks. There will be one person on duty at the gate for enforcement. City Attorney H. P. Hodge stated that on several occasions in the past, problems have arisen on different events that need special police and the Parks Department has required it on those occasions. They have had tacit approval of the Council , if not formal approval , in the past. Councilman Wilson wondered why these things were required in this tournament only, and not any other? Mr. Hursh stated that he felt it was because of the number of people who attend, and also because of the late hours. Councilman Palmer confirmed that there were no police at golf tournaments. Police Chief Harrelson stated that he does not recall how this came about. They can provide limited patrol to the parks with the regular shift officers. It is not uncommon for people to be camping in the park all night. He does not know whether it will cause any problems this year without the officers there. We can try it. They basically work on direction from the Park Department. Councilman Thomas asked what revenue we get from them using the park? Mr. Hursh stated that they pay for field preparation and lights as well as trash pick-up. Mr. Cook stated that they pay $600 for lease of the parks, and a $500 security deposit. 437 Item 8IIa The City also owns the concession stands. The tournament has an economic impact of $600,000 on the City. They bring in 30 outside of town teams , and two in-town. Councilman Thomas asked where the profit goes? Mr. Cook stated that it is a family owned operation between himself and his father, Leo Cook. There will be 5000 people in attendance during the duration of the tournament. Mr. Cook stated that he pays the City, and not the officers; however, the City will be responsible for paying the officers overtime. Councilman Thomas suggested that if we could assist them with some officers during the night perhaps they could pay us for part of it. Mr. Cook stated that last year was the first time they had police officers in the park. The City Attorney stated that this is not the only event for which the City requires police. Mayor Cook stated that the tournament is well known, and he should be commended for doing this for 23 years, and encourage future participation in it. Mr. Hursh stated that the Council will have other requests. Councilman Wilson stated that we want to encourage this type of activity, but it is also an asset to have policemen there, and they should pay the cost. He believes the security is needed. Mr. Hursh agreed. Councilman Harper asked Mr. Cook how he would enforce his own security? He stated that he would hire someone to be at the gate. They would also send out advance letters. Councilman Harper noted that from past experience, there may not be a need for policemen. Councilman Wilson asked Mr. Cook about assistance from the BCI. Mr. Cook stated that the tourism fund is used to bring in new activities, and not to assist those who are already here. He would like to show the community that the people themselves can enforce these ordinances. Councilman Thomas asked when is the largest crowd? Mr. Cook stated from 7:30 to 10:00 at night. Councilman Thomas asked if they couldn' t have an officer from 6:00 to 10:00? Councilman Harper suggested that we try it this year by having officers go by and make their presence known. He stated that he understands the economics of it. Moved by Councilman Harper that we consent to a waiver of the policy of hired police this year for this tournament. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson Item 8IIb Mayor Cook presented Certificates of Commendation to Gayla Morris and Jo Alice Davis for each historic site for a landmark in the City of Wichita Falls. Historic sites to be designated include the Memorial Auditorium, Kell House, and First United Methodist Church. He also showed one of the plaques which will be presented later on. Mrs. Morris recognized the vision and commitment shown by this Council , and past councils for the past ten years. She then presented the Certificate for Memorial Auditorium to Mayor Cook, and to Mrs. Koontz for the First United Methodist Church. Mrs. Davis presented the certificate to Vernodene Huckaby for the Kell House. Item 9a ORDINANCE NO. 57-84 ORDINANCE WAIVING SECTION 22-1 , SUBSECTION (a) (9) OF THE CODE OF ORDINANCES TO ALLOW SIGNS AND OTHER ADVERTISING DEVICES IN LUCY PARK ON JUNE 2, 1984. Moved by Councilman Harper that Ordinance No. 57-84 be passed. Motion seconded by Councilman Welburn. 438 Item 9a, cont'd. Councilman Harper stated that he does not understand the rationale behind this. Mr. Hursh stated that we are waiving an ordinance that says you can' t advertise in the parks. Some of the equipment will have logos on it. It is an obstacle course. The motion was carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9b ORDINANCE NO. 58-84 ORDINANCE REAPPROPRIATING FUNDS BETWEEN DEPARTMENTS WITHIN THE GENERAL FUND FOR THE PURPOSE OF PURCHASING STREET LIGHTS AND ADDING REQUIRED MAINTENANCE PERSONNEL, EQUIPMENT, AND SUPPLIES Moved by Councilman Thomas that Ordinance No. 58-84 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9c ORDINANCE NO. 59-84 ORDINANCE ESTABLISHING FEE FOR PICK UP AND DISPOSAL OF DEAD ANIMALS, AND REPEALING ORDINANCE NO. 2738. Moved by Councilman Thomas, for discussion, that Ordinance No. 59-84 be passed. Motion seconded by Councilman Palmer. Councilman Thomas asked what we will generate for this $5.00 fee? Mr. Berzina stated that he did not know whether this would be per trip or per animal . We do have information on the number of trips made. It will pay for the time it takes to provide this kind of side service. Councilman Palmer asked who would pay for it if he found one in the street? Mr. Edmondson, Health Department, stated that they presently pick them up. Mr. Palmer asked what if they just ignore them? Mr. Edmondson explained that they will be expected to be paid if it is on private property. If it is on a public street, the City will pick it up without charge. Dr. Aubrey Cox stated that most people dispose of their animals themselves. He talked with various people in Austin. None of them had any feelings about putting them in a heavy plastic bag in a garbage can. Sanitation people stated that flies do not become a problem for about a week. Parasites leave the animal almost immediately upon death. Most of the cities he contacted do not pick up animals on private property. They do make a charge for pick-up at veterinary clinics. The charge will be $5.00 for one pickup no matter how many animals. It will not be a health hazard for people to dispose of their own animals. Councilman Wilson noted that many large dead animals at the health clinics come from outside the city. Mr. Edmondson explained that the veterinary clinic will collect from the out-of-town owners. Mayor Cook noted that $5.00 will not cover our costs. Did we feel that if the fee were more we would have trouble enforcing it? Mr. Edmondson stated that this is what the Board of Health recommended. Dr. Cox stated that they don' t pick up dead animals on Sunday, but they do on Saturday. It is not a public health problem. 439 Item 9c, cont'd. Councilman Welburn asked how much overtime we incurred last year from picking up dead animals? Mr. Edmondson stated none. There will be no savings in personnel reductions, but they will use these personnel in enforcement of other aspects. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas , Harper, Wilson, Palmer, and Welburn Nays: Councilman Swift Item l0a RESOLUTION NO. 96-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE ON THE GIDDINGS STREET FIRE STATION PROPERTY TO THE WICHITA FALLS AREA FIRE AND POLICE MUSEUM, A NON-PROFIT CORPORATION Moved by Councilman Wilson that Resolution No. 96-84 be passed. Motion seconded by Councilman Palmer. Councilman Wilson commended the people involved in this non-profit corporation for giving their time. They have some other things they are working on which the community will be proud of. Jim Pettyjohn, who represents the fire and police museum, stated that they are negotiating for the original fire truck in the station. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10b RESOLUTION NO. 97-84 RESOLUTION AMENDING RESOLUTION 181-83, TO PROVIDE A TRAIL FEE AT WEEKS PARK GOLF COURSE. Moved by Councilman Thomas that Resolution No. 97-84 be passed. Motion seconded by Councilman Wilson. Mayor Cook commended the Weeks Park Men's Golf Association for giving their time and money for several hundred feet of cart paths. This fee will go into a fund for additional cart paths. It will extend play time for several hours by allowing them to get on the course sooner after a rain by having the paved cart trails. Councilman Thomas noted that some of the ladies would like to have a restroom on the back nine. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10c RESOLUTION NO. 98-84 RESOLUTION DESIGNATING THE CITY OF WICHITA FALLS AS A SINGLE ENTITY FOR UNIFORM GRANTS AND CONTRACT MANAGEMENT STANDARDS (UGCMS) OF STATE OF TEXAS Moved by Councilman Wilson that Resolution No. 98-84 be passed. 440 Item 10c, cont'd. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10d RESOLUTION NO. 99-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR AMBULANCE SERVICE WITH LIFE LINE EMERGENCY MEDICAL SERVICES. Moved by Councilman Wilson that Resolution No. 99-84 be passed. Motion seconded by Councilman Welburn. City Manager James Berzina stated that they have worked on this for many months. The City, County, Iowa Park, and Burkburnett took proposals for ambulance service. It left the committee free to structure a proposal to go to the governing body. There have been many things to evaluate. The bottom line is that the com- mittee made a recommendation that negotiations start with Mike Harmon in Fort Worth. He presented the lowest responsible proposal . They have satisfied themselves that this is what is best for the community. They were impressed with the way he ex- plained that he would carry on the service here. He did a good job in Fort Worth, with a lower subsidy, according to their investigations. The Fort Worth City Manager was contacted. Recommendations from this individual , and others in that area have been most high on this individual . Paramedic service can be explored at a later time. Councilman Harper asked how long the contract will be negotiated for? Mr. Berzina stated that we are looking at a three-year contract. Councilman Harper also asked what kind of financial backing Mr. Harmon has at this time, and how do we know he has the money to go into business? Mr. Berzina stated that this will come out in the negotiations. Before a contract is approved the Council would want to see a financial statement. Councilman Harper also requested an affidavit from Mr. Harmon that he is financially able to operate, and owes no bills. Discussion also centered around a medicare number. Mr. Berzina stated that he would have to pursue that. He does not see anything that would divide the parties. It appears that medicare payments per call will not be reduced. Coun- cilman Harper stated that he understands that the County can legally hold the medi- care number. Mr. Berzina stated that he would look into it. Mr. Berzina stated that they had discussions with the hospitals, but they did not submit a proposal , except as individuals from both emergency room services at both hospitals. He further noted that Mr. Harmon will have paramedic qualified people when he goes into service, but he will not have a paramedic service. Councilman Palmer was concerned that he would have qualified people. Mr. Berzina stated that state law requires him to have this. He cannot go into business unless he does. Councilman Swift asked about equipment. Mr. Berzina stated that we would require four ambulances, splitting the cost between governmental entities involved, and we would own the vehicles. Ownership may help us in being involved in mainten- ance. Councilman Thomas confirmed that we are only negotiating a contract. Mr. Berzina stated that most everything is included in his proposal . Councilman Thomas asked what do we do about a lack of service between now and 45 days later. Mr. Berzina stated that we have a standby or contingency plan. Mr. Harmon has asked for time to set up an orderly service. Mayor Cook noted that the County has extended authority to negotiate a contract. J. K. King, 417 Willow Drive, stated that his question pertains to medicare. He asked if it is correct that medicare will not change, no matter which route we go? Mr. Berzina stated that this is what we are being told. Mr. King asked how we could pin this down? Mr. Berzina stated that we have received different answers 441 Item 10d, cont'd. from medicare. We will have to find out before we go into a contract, and it will be explained in the contract development, if we get authority to do this. Joe Plumlee stated that the committee has been given the phone number of a supervisor in the medicare office in Dallas. He had a o f copy o the medicare law. He stated that a new provider coming into Wichita Falls will be paid $48.00 out of $100. If he does not have a number from somewhere else, he has to establish a service. He stated that the doctors have supported them here. Paramedics pay their own way to go to school . A new contractor will be receiving more money, and cannot give them pay raises. He requested that action be delayed for further study. He also stated that Harmon was allowed to raise his bid. Mr. Berzina stated that they asked Mr. Harmon to raise his bid, at the committee's request. Mr. Berzina stated that they talked to the person named by Mr. Plumlee, and part of the conflicting information has come from that office. Mr. Berzina also stated that Mr. Plumlee dropped his bid during this same period. He stated that the medical community is willing to work with any operator selected to provide this service. Councilman Swift expressed concern about capital requirement. Mr. Berzina stated that it was considered in both cases. The committee feels that it is better for the city to own the vehicles in case we need to take over the business. Each entity pays a percentage of a formula. We pay 42 percent if we stay with that formula. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, Palmer, and Welburn Nays: Councilman Thomas Item 10e RESOLUTION NO. 100-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE WAIVER LETTER FOR LOCATION OF TWO OIL AND GAS WELLS OF HENRY ENERGY CORPORATION NEAR LAKE KICKAP00. Moved by Councilman Swift that Resolution No. 100-84 be passed. Motion seconded by Councilman Welburn. Bill Knowlton, of Arlington, presented maps to the Council showing proposed locations of the wells. The Railroad Commission will have to approve them. Councilman Swift stated that he could not see any problems with this. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10f RESOLUTION NO. 101-84 RESOLUTION APPROVING LEASE WITH WICHITA FALLS INDEPENDENT SCHOOL DISTRICT OF COMMUNITY ROOM FACILITIES IN HUEY SCHOOL FOR SCOTLAND COMMUNITY CENTER. Moved by Councilman Welburn that Resolution No. 101 -84 be passed, approv- ing the lease which deletes Paragraphs 15 and 16. Motion seconded by Councilman Swift, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 442 Item lla Moved by Councilman Thomas that bids be awarded, as follows, for the Central Services Complex. a. Gelco Maintenance Systems for the purchase of a K Square Computer System - $38,500 b. Bryant Pump and Equipment for a Petro Vend Kardgard E-8 fuel monitoring system - $12,378. Motion seconded by Councilman Palmer. Councilman Thomas asked if we have discussed lately what he would provide us on the fuel monitoring system? Mr. Parker stated that they have not. Mr. Thomas noted that they bid it different. He was concerned about a larger bidder. Councilman Palmer asked where the service is coming from? Mr. Parker stated that it is Fort Worth. Councilman Palmer also asked about the hardware, and how many are in use at this time? Mr. Parker stated that we will be number five. Three are being installed right now. Councilman Palmer wondered if we can enlarge on this system. Mr. Parker agreed that we can. Councilman Harper asked how it would figure the miles per gallon? Mr. Parker stated that the operator will have a card to put in. Ed Barrett stated that they have a system built in where the pump won' t pump gas if there is a problem in mileage. Councilman Thomas asked if we have talked with anyone who uses this system? Mr. Parker mentioned several cities which he had contacted, stating that they spent a half day with Garland. Councilman Palmer noted that our package contains five days training. Mr. Parker stated that he is comfortable with this. Councilman Palmer asked if they had quoted a price per day for additional support, as needed? Mr. Parker stated that it is $600 a day for user training. There is no limit on the number of. people to be trained. Councilman Palmer questioned Paragraph 1 .5 in the proposal , under Response, and specifically the last sentence of this paragraph. The paragraph states that they do not give a warranty on hardware, software, response time, or any other factors or devices related to the proposed system. Mr. Parker stated that they agree to a 30-day warranty. Purchasing Agent Dick Arndt stated that they are one of several initial users of this deck hardware, and the first one in this area. They will not warranty it at all . Ed Barrett stated that they do not warranty it, but it is covered under the maintenance contract. Mr. Arndt stated that we are going to be a showcase for these people in the Southwest. Mr. Barrett stated that the maintenance contract will take care of the warranty provisions, but we will have to pay a price for it. Mr. Parker believes it to be $700 a month. Mr. Palmer asked Mr. Parker if he feels comfortable with no warranty on anything? Mr. Parker stated that it is covered under the maintenance provision. We wrote the general requirements. Mr. Palmer stated that he is not comfortable with this. Mayor Cook stated that we could change Paragraph 1 .5 to state that it is warranted for 30 days, and will offer the included maintenance contract. Mr. Parker stated that this is the only software package in the industry for fleet maintenance. He stated that he would telephone the company for their response to the 30-day warranty requested by the Council . The motion was carried by the following vote. Ayes : Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: Councilman Swift Mr. Parker later reported that he talked with the company, and they would include the 30-day warranty in the contract. The City Council recessed at 11 :26 A.M. for a landmark presentation. The meeting reconvened at 1 :25 P.M. 443 Item 12a RESOLUTION NO. 102-84 RESOLUTION ACCEPTING KEMP PUBLIC LIBRARY ACCESSIBILITY MODIFICATIONS AND AUTHORIZING FINAL PAYMENT TO MEYERS BROTHER, INCORPORATED Moved by Councilman Harper that Resolution No. 102-84 be passed. Motion seconded by Councilman Palmer. Councilman Harper stated that he feels we should consider a cash bond for one year on future construction projects. Ed Barrett stated that we have a maintenance bond on the whole project. We have a 90-day warranty on the elevator. Councilman Harper strongly urged a maintenance contract on the elevator. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13a Councilman Harper asked the City Manager if he had found out what can be done about fastening neighborhood watch signs to stop signs? Ed Barrett, Assistant City Manager, stated that they cannot be placed on the side where the stop sign is, but they can be fastened to the back side. Councilman Thomas stated that the Lake Wichita Boat Club has a five-year lease from the City for $114 per year. They have requested a waiver of the fee this year so they can put it into improvements at the lake. City Attorney H. P. Hodge stated that he has a problem about forgiving a debt owed to the City. Mayor Cook wondered if we could collect the money, and the Council appropriate it back to them to spend for improvements. Councilman Wilson was concerned about setting a precedent. We have several leases. The staff could prepare it for council consideration. Councilman Welburn asked if we were successful in getting sand for the request we had. Mr. Berzina stated that we are working on it. Mr. Berzina noted that one of the canals is open at Lake Wichita. Jerry Gross stated that they are working on the other. They have run into some problems in Briargate Estates. Councilman Thomas suggested opening a canal on Turkey Creek Road if the City could get permission. Mr. Gross stated that we would still need the one in Briargate. Mr. Berzina noted the problem at the Red Door Senior Citizens Center. Martin Raabe, Acting City Engineer, noted that the Kingston-Jamaica drainage ditch was opened all the way to the lake. Mayor Cook asked about Harrison Street. Mr. Raabe stated that they have three alternates for this street. The City Council recessed into executive session at 1 :55 P.M. , pursuant to Article 6252-17, Paragraphs (g) and (e) , of the Revised Civil Statutes. The meeting resumed at 4:45 P.M. Moved by Councilman Wilson that the following be appointed to various boards and commissions, for terms as shown. a. Park Board - Dee Ann Martin - 6-1 -84 to 12-31-84 b. Landmark Commission - Joseph C. Johnson - 6-1 -84 to 12-31-85 444 Items 13b & c, cont- d. c. Planning Board - Ralph Perkins (Chairman) , Clifford Skelton, and Howard Morris - 6-1-84 to 5-31-87 d. Traffic Commission - Jim Hughes and Jim Biggs - 6-1 -84 to 5-31-86 e. Board of Adjustments and Appeals - J. Don Johnston and Steve Rhone - 6-1-84 to 5-31 -86 f. Mechanical Code Board of Adjustments and Appeals - John Ferguson and Chester Ludlam - 6-1-84 to 5-31-86 g. Board of Electrical Examiners - Dan Shine, Ronald W. Chambers, and Michael R. Kelly - 6-1-84 to 5-31 -86 Motion seconded by Councilman Thomas, and carried unanimously. The City Council adjourned at 4:47 P.M. PASSED AND APPROVED this day of {z 1 l,�/' 1984. Gar Cook, Mayor ATTEST: Wilma J. Thomas, City Clerk