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Min 10/02/1984 545 l: i� Wichita Falls, Texas Memorial Auditorium Building l October 2, 1984 i I 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. I Gary D. Cook Mayor i Thomas E. Swift X Charles Thomas X Charles Harper X Councilmen Craig A. Wilson X Bill Palmer X James A. Welburn X 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 Councilman Wilson. Item 3 Moved by Councilman Welburn that minutes of the meeting held September 18, 1984, be approved. Motion seconded by Councilman Thomas, and carried unanimously. Items 4a - 9e Item 5a was moved to the regular agenda. Item 14a was moved to the top of the regular agenda. Moved by Councilman Palmer that the consent agenda be approved. Motion seconded by Councilman Welburn. Item 4a Martin W. Odom, a Park Department employee, was honored as Employee of the Month for October. Mayor Cook presented him with a plaque, and two tickets each to a theatre and dinner. Item 6a RESOLUTION NO. 170-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE OF SPACE AGREEMENT WITH THE NATIONAL WEATHER SERVICE FOR LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6b RESOLUTION NO. 171-84 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE 1984 STREET SURFACE OVERLAY PROGRAM. 546 Item 6b, Cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6c RESOLUTION NO. 172-84 RESOLUTION ESTABLISHING ADMISSION FEES FOR LUCY PARK SWIMMING POOL. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a RESOLUTION NO. 173-84 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CAULKING, GLAZING AND PAINTING EXTERIOR DOORS, WINDOWS, AND TRIM, AT MEMORIAL AUDITORIUM. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8a Authority was granted to advertise for bids for four 2-man packers for the Sanitation Department. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Items 9a - e Minutes of the meeting of the Landmark Commission held August 23, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Planning Board held September 12, 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 September 13, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Board of Electrical Examiners held September 13, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Arts Commission held September 18, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 547 Item 14a Discussion was held on a request from the Human Relations Commission for designation as a 706 Agency. Margaret Stewart and Charlye Farris appeared as members of the Commission. Mrs. Stewart stated that the 706 Agency is the vehicle for coming full circle from the federal to local authority. Miss Farris stated that the 706 designation would retain local authority. Without such, the items that come before them will ultimately reach EEOC, or the State Human Relations Commission. It will save time and money for the em- ployer and employee. Because of the procedures already established here, there is a guarantee of confidentiality. It would also save money for the City of Wichita Falls. These activities will continue regardless of whether we have 706 designation, but we will be able to obtain funding from the agency that the City of Wichita Falls is presently having to pay. Money is filtering down from the federal system to the state agency. She stated that they could think of no disadvantages to becoming a 706 agency. Councilman Harper clarified that no new employee would be needed by the City. Mrs. Stewart stated that the only practical difference would be that the person using the agency would not have to apply to the federal or state agency. No employees would be added. It was noted that Fort Worth, Austin, and Corpus Christi are using the 706 agency. Lubbock is in the process. Councilman Wilson asked how many complaints went on to the State agency? It was stated that 29 local complaints were filed. Four of those were referred to the State agency because of jurisdiction; not because they could not be resolved here. Councilman Thomas asked if we would have been paid for any of those we heard here? Mrs. Stewart stated that they would be paid $400 for each case resolved. Councilman Wilson questions the need of the 706 Agency if they are success- fully resolving these issues here. Mrs. Stewart stated that if someone did not like the decision of the local commission, and they were appealed, it would be duplication of effort. Councilman Wilson noted that if the same system were in place, they go to either the State Human Relations Commission or the EEOC. If we have the 706 Agency, and a case is not approved here, it can be appealed in court. Dr. Barrenberg stated that there is no appeal to a state agency or a court on the decision of a 706 agency. They can sue in court. Miss Farris stated that within the past two weeks they have had some local businesses go around them because they are not a 706 agency. Dr. Barrenberg explained that they went through them, and when it appeared they did not comply, they went directly to the EEOC. City Manager James Berzina stated that if it is a 706 agency they do not have the option to go to the state. The hearing would be here. He also asked about a rescinding provision? Dr. Barrenberg stated that there is a contract with the State, and by agreement the contract can be terminated. The City Council can terminate it if they want to. The money is received only for resolu- tion of cases. They have around 20 cases pending. Mayor Cook noted that Dorothy Roberts is acting as a part-time administrator, and he questioned the record keeping requirements and problems compared to what we presently have, and the 706 agency status. Dr. Barrenberg stated that they are identical. Mayor Cook asked if they saw a need for someone in our legal department to be involved in this? Miss Farris stated that she saw no need for it at present. Dr. Barrenberg stated that if they had a case to go further, they would refer it to Mr. Hodge. Councilman Swift asked how much their budget is, and would be decreased if cases are resolved here? Dr. Barrenberg stated that it would be decreased in the amount of funds received, or about $24,000 a year. It was explained that the process begins by Mrs. Roberts attempting to negotiate a settlement. Then it goes to a fact-finding conference. They go to the employer and get hard data. With those facts, the Commission would have to decide to take a position. If they took a position for the complaint- ant, they would turn it over to the attorneys. They would also have a right to sue in court. 548 Item 14a, Cont'd. Councilman Palmer asked if this is such a good thing, why haven't other large cities got in on it, such as Dallas? Dr. Barrenberg stated that you have to have the ordinances. The only cities to have these ordinances are Austin, Corpus Christi, and Fort Worth. We have the laws in place to do this. Dr. Barrenberg promised that before they would try to handle things above their head, or require additional salary, they would defer the case overload to the State, and if that didn't work they wouldn't do another thing except discuss with the Council what we needed to do to solve it. Moved by Councilman Thomas that a resolution be drawn up to adopt a 706 agency, and approve execution of a contract with the State. Motion seconded by Councilman Harper. Councilman Welburn stated that a problem that seems to have escaped is the possibility that things will not go along, as planned. Can we rescind the 706 agency? If several businesses are circumventing the Committee without a 706 agency, there will be a greater volume of business at the state level. He stated that we should not only consider the complaintant, but also the person being complained about. He stated that it is probably in our economic and social interests to have a 706 agency. Some may feel that this infringes on the prerogative of management, but management will probably benefit most. Councilman Palmer noted that we are receiving good results now, so why change it? Miss Farris stated that word is getting around that they can go around them to the State, and thereby delay action on it through the State. Dr. Barrenberg stated that they were not circumvented until they found out they had made a mistake on paper, and they realized they can start the procedure all over. It is doing what we are doing now, and we would get some funding in Wichita Falls for resolution of these cases. They would like to keep these problems at home. Councilman Harper noted that they came to the Council last year, and they were told to document some of these needs. Councilman Wilson stated that he believed there was not a documented need last year, and he still questions it. Councilman Welburn mentioned the ability of management to discuss with local people how they could avoid complaints with training, promotion, and establishment of policy. Most of the benefits will accrue to management. About the only benefit the employee would get is knowing they have an avenue for redress. The motion authorizing a resolution to be drawn up for consideration was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, and Welburn Nays: Councilmen Swift, Wilson, and Palmer Item 5a The ordinance on 16th Street was removed from the agenda. ORDINANCE NO. 113-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A UTILITY EASEMENT IN BLOCK 155, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS Moved by Councilman Thomas that Ordinance No. 113-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None ORDINANCE NO. 114-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING PORTIONS OF A RAW WATER PIPELINE BETWEEN GREGG ROAD AND BARNETT ROAD Moved by Councilman Thomas that Ordinance No. 114-84 be passed. 549 Item 5a, Cont'd. Motion seconded by Councilman Welburn. Councilman Thomas noted that we are reducing a 50-foot easement to a 30-foot easement, and he asked if we had bought that easement? Roger McKinney, Planning Director, assumed that we did. Councilman Thomas then asked what we are going to get back? Mr. McKinney stated that we no longer need this 50 feet for a pipeline. We will receive no monetary consideration. Councilman Thomas noted that there are easements all over town that we are giving back. Mr. McKinney agreed, stating that was also a concern of his. Councilman Thomas noted that we pay dearly for these purchases. At some time, the taxpayers bought this land. We should address how it will better the citizens of Wichita Falls. Moved by Councilman Wilson that we table this, and find out whether we paid for this easement, and see if valuable consideration was given for it. (Council- man Palmer also wanted to know how much this will increase our tax base?) Motion seconded by Councilman Welburn. Monte Beasley appeared, stating that he had sold this land to a man from Duncan. He has been stalled about four months in the platting of this. He believed the City paid $300 for it in 1947. He believes we will benefit from it more than we would be harmed. Councilman Wilson asked who he discussed this with? Mr. Beasley stated the Planning Department. Jerry Gross, Utilities, stated that it had been discussed, but that he had no authority to make the decision. He stated that this is not an unusual situation. Mr. Beasley stated that the easement would be along the side of houses. He is putting in mostly cul-de-sacs. Mr. McKinney stated that the easement will be 30 feet, excluding the street. Councilman Thomas stated that if we will have a street along side it that he is dedicating back to it, he will with- draw his comment. Councilman Palmer asked if this is a buried pipe, and Mr. Gross stated that it is. The motion to table failed by the following vote. Ayes: Councilman Swift Nays: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn The motion for passage of Resolution No. 114-84 was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: Councilman Swift Item 10a ORDINANCE NO. 115-84 AN ORDINANCE AMENDING SECTION IX OF SECTION 1, ORDINANCE 32-84, WHICH AMENDS CHAPTER 2, ARTICLE IV, DIVISION 5, OF THE CODE OF ORDINANCES, TO ADD A SUBSECTION 6, DESIGNATING THE EPISCOPAL CHURCH OF THE GOOD SHEPHERD AS A WICHITA FALLS LANDMARK Moved by Councilman Wilson that Ordinance No. 115-84 be passed. 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 10b ORDINANCE NO. 116-84 ORDINANCE WAIVING SECTIONS 4-15 AND 4-24 OF THE CODE OF ORDINANCES TO ALLOW SALE, POSSESSION AND CONSUMPTION OF BEER AND WINE AT OUR LADY QUEEN OF PEACE PARISH HALL FOR THE NOTRE DAME BAND PARENTS CLUB'S ANNUAL SPAGHETTI SUPPER ON SUNDAY, NOVEMBER 4, 1984. Moved by Councilman Harper that Ordinance No. 116-84 be passed, by adding "wine" to the ordinance, since that was what was specifically requested. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 550 Item 10c ORDINANCE NO. 117-84 ORDINANCE MAKING AN APPROPRIATION FROM THE 1983-84 GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Councilman Palmer that Ordinance No. 117-84 be passed. Motion seconded by Councilman Thomas. Councilman Thomas asked how many lawn mowers are we going to buy? Bill Hursh explained that these are big mowers. He is sure that we are wearing out the others. Councilman Swift asked if he knows how many mowers we have? Mr. Hursh stated that he didn't know, but that he would get him a list. Councilman Swift commented that it is rather problematical at what is happening to the mowers. Mr. Hursh stated that 10 percent of the medians are being contracted out this year. There are 20-30 miles of medians, and 100-200 small triangles to be mowed. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10d ORDINANCE NO. 118-84 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Councilman Thomas that Ordinance No. 118-84 be passed. Motion seconded by Councilman Wilson. Director of Public Works George Bonnett noted that this is the first of a two-fold construction item that we will be seeing. The next one is on Barnett Road. Jerry Gross explained the funding. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10e This item, pertaining to sidewalk construction at 3621 Maplewood, was deleted because it is a moot issue; however, Mr. Bonnett explained that he would bring an ordinance to the Council which would incorporate safety for pedestrians and bicycles. Councilman Wilson asked that he incorporate safety of mail carriers because there are a greater number of mailboxes obstructing the sidewalks than anything else. Item 10f was deleted. (Tanglewood Boulevard access) Item lla RESOLUTION NO. 174-84 RESOLUTION ESTABLISHING FEES FOR WEEKS PARK GOLF COURSE, EFFECTIVE OCTOBER 3, 1984 Moved by Councilman Thomas, for discussion, that Resolution No. 174-84 be passed. Motion seconded by Councilman Palmer. 551 Item lla, Cont'd. Councilman Thomas noted that this ordinance would restrict the playing of senior citizens on week-ends and holidays, unless they pay the fee. If they want to play all the time they will have to pay $175. Hunter Kirkpatrick stated that they would pay the regular daily fee on Saturday, Sunday, and holidays. They would pay the regular green fee on week days. Mr. Hursh stated that he believed they could work out a fee schedule of either $125 or $175. Councilman Wilson stated that one of the things the Park Board considered was whether there should be a distinction between the fees of senior citizens and others. In other areas of the City we try to make it a user rate. Mr. Kirk- patrick stated that a majority of the people in his group (two-thirds) favored the 5-day program. Mr. Berzina stated that we have a lot of Monday holidays, and they are treated as a week-end. Moved by Councilman Welburn that the resolution be amended to include a senior citizen permit, Monday through Friday, excluding holidays, for $125. Motion seconded by Councilman Palmer, and carried unanimously. Mr. Hursh stated that he would like the resolution to become effective immediately. Councilman Wilson stated that some of the Park Board members had some questions about the back 9, and they thought the course would be in better shape on March 1. Moved by Councilman Palmer that the fees become effective October 3, 1984. Motion seconded by Councilman Welburn, and carried unanimously. The amended resolution was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llb RESOLUTION NO. 175-84 RESOLUTION TO ESTABLISH A SERVICE CHARGE FOR TEMPORARY TURN-ON AND TURN-OFF OF WATER SERVICE AT THE CUSTOMER'S REQUEST Moved by Councilman Thomas that Resolution No. 175-84 be passed. 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 llc Discussion was held on a proposed resolution granting Lamar Advertising, Inc. , permission to maintain an outdoor advertising sign in the Depot Square Historical District. A motion was made by Councilman Welburn, for discussion, giving them a 10-day limitation for removing the sign. Motion seconded by Councilman Harper. Councilman Thomas noted that the sign has been up for five months. Roger McKinney stated that the land is leased on a yearly basis. Councilman Wilson stated that they knew they were not in compliance, but they continued construction anyway, stating there is no excuse for it. If a person buys a permit, he is expected to know the codes. 552 Item llc, Cont'd. Councilman Welburn felt that we may be contributing to some of these errors. The person who was advised, and knowingly continued, should not be permitted a vast amount of time. Mr. McKinney stated that the sign requirements are located in the building code. The historic district requirements are in another section of the Code. He agreed that it is cumbersome. Mayor Cook noted that this is a situation where Mr. Potts needs to convey to the applicant that there are other requirements. Mr. McKinney agreed that we should try to balance it out between the staff and the applicant. Councilman Wilson stated that it is not reasonable for someone getting a sign permit to get a sign-off from Mr. Potts. They should know the Code. Councilman Harper noted that in defense of the city employees, the mistake was caught, and the people were told about the mistake, and they continued. Gayla Morris appeared as Chairman of the Landmark Commission, stating that the sign does not belong in the historic district. They are concerned with the future of the area if we allow it to stay for a period of time. Investors are looking at this area. She read from the guidelines of the Landmark Commission on signs. They feel the timing is critical, and it should be removed. Earl Potts stated that we have the authority in the ordinance to remove the sign at their expense if it is not removed. The motion failed by the following vote. Ayes: None Nays: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Item lld RESOLUTION NO. 176-84 RESOLUTION APPROVING COURT REPORTER'S CONTRACT FOR FISCAL YEAR 1984-85, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME FOR THE CITY OF WICHITA FALLS. Moved by Councilman Palmer that Resolution No. 176-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lle RESOLUTION NO. 177-84 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTABLE ACCOUNTS RECEIVABLE TOTALING $96,893.37 FROM AN ACTIVE TO DORMANT STATUS. Moved by Councilman Harper that Resolution No. 177-84 be passed. Motion seconded by Councilman Thomas. Fred Werner explained that the City cannot remove accounts from the City books without approval of the Council. Councilman Harper asked who owes $861.39? Mr. Werner stated that it was FEMA, the last of the tornado funds from 1979. He further stated that this is not forgiving the debt, but transferring it to a dormant account to allow the City Attorney to pursue it. FEMA has not responded to the City's in- voices. Councilman Palmer asked the City Attorney what criteria he uses to determine whether he collects it himself, or turns it over to a collection agency? The City Attorney stated that they first write a letter, and also take into account the amount, 553 Item lle, Cont'd. and who owes it. They try to make a judgment on those who they think could be recovered through a lawsuit. Councilman Swift asked why this was not brought to the Council last year? Mr. Werner stated that they thought they would give them one more year to respond. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llf 0 RESOLUTION NO. 178-84 RESOLUTION APPROVING CONTRACTS WITH TENNIS PROFESSIONALS AT HAMILTON AND WEEKS PARK TENNIS CENTERS. Moved by Councilman Palmer that Resolution No. 178-84 be passed. Motion seconded by Councilman Harper. Councilman Thomas noted that each tennis pro will pay for their employees at each court, but where does it say that they have to? Bill Hursh stated that we are not saying they have to. Councilman Thomas stated that it seems they could degenerate the program. He also asked about the operating hours of the tennis courts. What if they just sit down? Councilman Wilson stated that the tennis policies require a certain number of employees there at all times. Councilman Thomas stated that there is something wrong with the amount we are charging, the facilities, or the program, because Midwestern University and the Country Club both have tennis players. Weeks and Hamilton have very few. The City Manager stated that it is in their best interests to promote the facil- ity to make more money in tennis lessons, etc. Mayor Cook asked about the liability insurance requirements in Paragraph 11 of the contract? Mr. Barrett stated it is a judgment call on the part of the Risk Manager. Mayor Cook compared these amounts with more recent ones in litigation matters. He suggested that the City Manager look at these fees in negotiating the contract. Mayor Cook also asked the City Manager if Paragraph 10 allows him enough escape to terminate the agreement if sufficient action is not taking place? Both the City Manager and City Attorney agreed that it does. Councilman Thomas would like this to be considered for bids before the contract comes up for renewal next year. Mr. Hursh stated that the Park Board supported this agreement. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llg Mayor Cook removed himself from discussion of this item, asking Mayor Pro tem Wilson to take over. RESOLUTION NO. 179-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH SOUTHWESTERN BELL TELECOM FOR PROVISION OF A TELEPHONE SYSTEM Moved by Councilman Harper that Resolution No. 179-84 be passed. Motion seconded by Councilman Welburn. 554 Item llg, Cont'd. Assistant City Manager Ed Barrett explained that four bidders responded. Mark Osborne, from the consulting firm of Blythe-Nelson, appeared. Councilman Thomas stated that the low bid does not show much of a savings over the present system. Mr. Osborne stated that the present system is very economical, but as time goes by it will not be easy to obtain parts. Mr. Barrett stated that where those stations located outside the building cost more than if it were a direct business line, they are changing to a direct business line. Phones may be dialed direct to a certain office without going through the operator. It will go through the switchboard, but the operator will not answer. Councilman Wilson asked if he feels comfortable about the conclusions on the base service? Mr. Osborne stated that he does. This is a new company formed as of January 1. With the backing of Southwestern Bell Corporation they feel comfort- able that they will be able to support this system. They have no local installa- tions at this point, but there are others in several other places. Councilman Palmer asked about the status of development? Mr. Osborne stated that it is not the newest system in the marketplace, but it is a proven product with needed and additional features. The maintenance contract does not include any updates. Councilman Harper asked if the system will include call forwarding? Mr. Osborne stated that you could not call home, but that it could be forwarded within the sys- tem. Councilman Harper asked why the Mayor withdrew from this discussion? Mayor Cook replied just to alleviate the appearance of any conflict. There is no conflict. Mr. Barrett stated there. is not presently a contract between Southwestern Bell Telecom and Southwestern Telecom. It has not been finalized. The two technicians would be provided by Southwestern Telecom, and would be paid through an accounting firm. Mr. Barrett and the City Attorney are comfortable with the arrangement. Ricky Gilbert, John Gibbons, and Don Whetsel appeared for Executone. Mr. Gilbert stated that $30,874 should be struck from their bid. Executone is a 51-year old company. General Hospital has a system which has been working for ten months. Don Whetsel stated that they had provided systems for the U. S. Navy, hospitals, and emergency services. They had to design their proposal for bids around the specifi- cations put out by Blythe-Nelson. They feel they can provide the best service and technology at the most economical cost. He feels they have exceeded the perimeters or matched anything proposed. They considered turbulent weather conditions here. They sell 150 million dollars a year in equipment, with two-hour emergency service. They have up-to-date technology to meet the needs. Councilman Thomas asked if the Enterprise system has the growth capacity of the SL1N? Mr. Whetsel stated this meets the City's needs. They can provide 100 percent direct inward dialing. Their installation interval is 8 weeks. Repairs can be made to the printer over the tele- phone. They offer schools to the City. This will handle voice and data at the same time. Mr. Gibbons stated that they did not come here to pick on any of the worthy opposition. They just feel they have the capability to provide the service. Mr. Barrett stated that from the user's point of view, all three systems do meet the specifications which we put out. Mr. Osborne responded to the $30,874, stating that this price was not broken down separate, or that it was a separate key system which was included. This was not brought up until now. There was no way to identify that that was included in the bid. Mr. Barrett stated that it was not clear what it was for. Mr. Berzina asked if this $30,874 disappeared, would there be other costs? Mr. Whetsel stated there would be, but it would not be anywhere near $30,000. Councilman Swift asked why there is an installation charge for the Southwestern system, and not the others? Mr. Osborne stated that some vendors choose not to break it down, but include it in the other equipment. Keith Hall appeared for AT&T Communications Systems, stating that he will let the bid go as it is. He personally has a problem of only having two people assigned to take care of the equipment of the City of Wichita Falls. AT&T has 8 people trained to work with the system. They have over 100 years experience. They have the State Hospital, banks, etc. Something that needs to be considered is looking ahead in the system. Technology is changing so fast, and you need to allow room to expand. Their system is designed for growth. He also asked how these technicians 555 Item llg, Cont'd. will be contacted, or do you go through two or three companies while this accounting firm talks to them? Councilman Wilson asked how many times in the last 5 years have more than two technicians been required on our system? Mr. Hall stated he esti- mated 50 percent of the time in installation, etc. , but not repair. (He previously stated he had done maintenance on our system.) Councilman Harper asked Mr. Osborne about the System 85. Mr. Osborne agreed that it was one of the best in the marketplace. He did not think it was worth $100,000 more. The cost to go to voice capabilities is a lot cheaper j with Southwestern Bell Telecom. Another representative from AT&T (Marty?) stated that the City is on a 24-hour day schedule. They can respond any time they call. He stated that you are not buying the switch, but you are buying the company. They manufac- ture, install, test, and maintain their own equipment. Mr. Hall stated in most cases you need a technician to make repairs, rather than over the phone. Don Whetsel stated that he wants to stick with what they have offered. He believes it is best for the needs of the City. Councilman Harper asked him to explain the $30,000 difference. Mr. Whetsel explained, stating that the configuration that he built here was what he considered best for the City of Wichita Falls. David Motley, of Southwestern Bell Telecom, stated that their business was started January 1, 1984. They are owned by Southwestern Bell Corporation. They are here for the long-term. They went through the same gyrations to come up with the best system for the City of Wichita Falls. The system came into use in 1976, but the City will get the latest updates. They also have offered schooling for employees wishing to take it. Councilman Palmer stated that he is not comfortable with two technicians. Mr. Motley stated they are not limited to two. They would come out of Dallas/Fort Worth any time they are needed. They have committed to two factory-trained technicians. They may have more. Councilman Swift asked about remote maintenance? Mr. Motley stated they do not have on-line 24 hours a day. They don't need it. Mr. Barrett stated that the specifications included battery power, duplicate central pro- cessing units. Councilman Harper stated that he is confused, but he is not willing to admit that they made a mistake in hiring Blythe-Nelson. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Welburn Nays: Councilman Palmer (Mayor Cook did not vote.) Item llh Proposed resolutions were presented authorizing contracts with various social service agencies. Sam Grove, Administrative Assistant, stated that these were approved in the budget. He recommended that we advance CAC $2000 for cash flow for the neighborhood programs, which will be repaid. RESOLUTION NO. 180-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE INDIVIDUAL DEVELOPMENT CENTER, INC. , FOR CONTINUA- TION OF MAINTENANCE AND CLEAN-UP SERVICES. Moved by Councilman Wilson that Resolution No. 180-84 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 556 Item llh, Cont'd. RESOLUTION NO. 181-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CHILD CARE, INC. FOR PROVISION OF DAY CARE SERVICES. Moved by Councilman Harper that Resolution No. 181-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None RESOLUTION NO. 182-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION CORPORATION CONCERNING NEIGHBORHOOD ACTION GROUPS. Moved by Councilman Palmer that Resolution No. 182-84 be passed, amending the contract to establish a cash flow of $2000, to be repaid by CAC. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None RESOLUTION NO. 183-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION CORPORATION CONCERNING THE MEALS- ON-WHEELS PROGRAM. Moved by Councilman Harper that Resolution No. 183-84 be passed. Motion seconded by Councilman Welburn. Councilman Wilson requested that Angus Thompson advise the people of the prohibition of political activity. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None RESOLUTION NO. 184-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NORTH CENTRAL TEXAS MEDICAL FOUNDATION FOR THE FAMILY PRACTICE RESIDENCY PROGRAM. Moved by Councilman Thomas that Resolution No. 184-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None RESOLUTION NO. 185-84 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH COMMUNITY COUNCIL OF GREATER WICHITA FALLS, INC. Moved by Councilman Harper that Resolution No. 185-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 557 Item llh, Cont'd. RESOLUTION NO. 186-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE MENTAL HEALTH MENTAL RETARDATION CENTER FOR THE PROVISION OF CERTAIN SERVICES. Moved by Councilman Thomas that Resolution No. 186-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lli A proposed resolution was presented designating Rauscher Pierce Ressness, Inc. , as the City's financial advisor for selected issues. A motion was made by Councilman Wilson, and seconded by Councilman Welburn that a resolution be passed. Mayor Cook explained that the committee spent many hours on this. It was their recommendation that the depth and scope of the City's many programs, especially on Ringgold, would require continuity and study, and that the project should be linked for that continuity. There will also be a savings. A finance committee composed of Ray Clymer, Harold Jones, George Adams, and Jim McDonald, recommended that we look at a financial advisor for the Ringgold project and the Cypress plant. They approved the Rauscher Pierce firm. Councilman Thomas stated that he did not understand that they recommended any particular firm, although they did approve the concept. The City Manager was under the impression that they did not disagree with Rauscher Pierce because they had good qualifications. Mayor Cook stated that they supported it, and Fred Werner stated that he understood it that way. Mayor Cook stated that many of them were familiar with Rauscher Pierce and First Southwest Company more than Shearson Lehman/American Express, Inc. Councilman Wilson stated that he knew that Mr. Clymer and Mr. Adams concurred, and doesn't know if Mr. Jones said anything. Councilman Wilson stated that they first considered whether linkage was an important item or not. They asked specifically if they concurred that linkage was the best route to go, and they agreed with it. They came to the unanimous choice that Rauscher Pierce was the best suited to do the job. Councilman Harper stated that he had worked with all of these people except Shearson Lehman. Rauscher Pierce is a fine bond underwriting company. They are good people, and have a fine reputation. They do not, however, have anyone who has worked for them in their Dallas office more than two years. Dale Hen- derson has been there two years, succeeding in alienating the rest of the firm, who have gone to another firm. The alienation had to do somewhat with this kind of presentation he presented here. The local firm that we have can do the same job that he can. Most of the stuff in Rauscher Pierce's presentation is border plate stuff. It is put out to get a job. There are a lot of dangers in a 30-day, $13,800,000 situation at a variable rate, and he doesn't see any of those dangers called out here. He stated that he had heard those things discussed in graphic length with other people who are hiring financial consultants. They don't even mention the word arbitrage, and there is a big ruling in arbitrage. Mayor Cook noted that they mentioned it in the interview process. We are only allowed 13 months from the time bonds are sold until we must start work on it. It is not even legal in Texas for the City to issue commercial paper except under Certifi- cates of Obligation, which are another situation. A lot of things here tend to make him think that Dale pushed this up to appear to be a lot more creative than perhaps it really is, and when the time comes for us to do these things they may not be available to us. First Southwest Company has done a lot of work. They are probably the widest used firm in the state, as far as municipal bonds are concerned. The danger with them is that they also work with the Red River Valley Authority. They also had problems with Ennis and Waxahachie, and the Trinity Valley Authority. He sees no reason to go outside the City when the same things are available to us in the city. He stated he had not had the time to read the letter he found in his box this morning from Rauscher Pierce and 558 Item lli, Cont'd. Dale concerning fees. There seems to be set up (just looking at it) 1i million dollars in fees that will be paid out, when a $20,000,000 project such as we have just done would go for a fee of about $25,000. There are a lot of things that fees are paid on, such as advance refunding, which is not a new concept. In Section 2 or 3, where they say the interest rate can be lowered to 3� or 41 per- cent, they are talking about the first year only. It could go as high as 15 percent the second or third year. When you borrow money for the capital projects, arbitrage is the interest you make on bond money which is sold before you start using it. There are a lot of things that did not come out in their presentation. Dale came to Rauscher Pierce from Ernst Whinney in 1982. Greg Green has been out of school two years, and has good learning. Jimmy Gallavant, who is married to John Rauscher's daughter, is the third man we would be working with. He mentioned another man in the Houston and San Antonio office who is probably the smartest in the Rauscher Pierce organization, but his name is not shown here. He doesn't see anything they have proposed that could not have been proposed by Herbert R. Smith and Associates. Moved by Councilman Harper that the resolution be amended to reflect the selection of Herbert R. Smith and Associates as the financial consultant. Councilman Swift asked for a response to the questions he raised. Mayor Cook stated that the committee spent many hours and weeks deliberating on these issues, and none of this was brought to their attention. They interviewed the firms, and asked the questions. Councilman Thomas stated that he didn't know anything about it until a month ago. Mayor Cook noted that a committee to select a financial advisor was announced several months ago when the Cypress Street water plant was discussed. Councilman Wilson also noted that he believed if he would check the fee, he was talking about two different things. Fees were covered in the inter- views. Mayor Gook stated that they were very supportive of Herbert R. S;riith being a local lira, bzit they had absolutely no experience in a project of this size. Councilman Harper stated that Rauscher Pierce also has no experience in a project of this size. Herbert R. Smith is selling $22,000,000 in bonds for a school election. Mayor Cook stated that First Southwest Company has had a very good group in city projects. One of them has partially retired, and Harold McInroe is shouldering most of the work. He is extremely knowledgable. They feel the depth and breadth in the Rauscher Pierce firm, and the availability of people, is the most outstanding firm. Councilman Harper stated that Rauscher Pierce has been bought out, as has most of the better firms in the state, with the exception of First Southwest, and others. Mayor Cook stated that he did not see that there was any concurrence in the committee that Herbert R. Smith had the experience and ability to do this job. They simply have not done this kind of work. Councilman Wilson stated that if the linkage were not as important, there would have been a different recommendation. Mayor Cook stated that all members on the committee expressed surprise that Herbert R. Smith was even interested in this project. Councilman Harper stated that the local firm could do the same thing these people can. Mayor Cook stated that they did not demonstrate it in the information presented to the committee. Councilman Wilson stated that the people on this committee would not share this view. The local firm was discussed. We want local dollars to stay in the community whenever they can. Members of the committee were surprised that Herbert R. Smith was even interested in a project of this magnitude. Mayor Cook stated that First Southwest Company has a contract which remains in effect for another three years, but most of their work was done in the 1979 bond issue. The final bonds were issued in 1982, so in effect, their contract is termi- nated. Councilman Wilson suggested a work session next time, if there is this much interest. Councilman Harper stated that he asked Mr. Berzina twice to schedule a work session prior to the Council meeting. He stated that he also asked Council- man Wilson about it. Councilman Wilson stated that he did not understand him to ask for a work session. He thought what he and Charles Thomas asked for was prompt action by the committee. 559 Item lli, Cont'd. Mayor Cook stated that the next order of business after selection of a financial advisor is to have a work session on the Cypress Street plant. The motion was seconded by Councilman Thomas, not because he was against the committee, but for local people. Moved by Councilman Welburn that this matter be tabled for a work session for discussion of the Council and the financial committee, to determine a mutuality of interest, and uniformity of the project. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: Mayor Cook and Councilman Harper Item 12a Moved by Councilman Palmer that bids for Parks maintenance equipment be awarded, as follows. a. Watson Distributing Company - $6,700 for a turf vehicle. b. Colonial Motor Company - $1,090 for a 60" rotary mower. C. Construction Agricultural Supply Company - $1,785 for an 80" rotary mower. Motion seconded by Councilman Welburn, and carried unanimously. Item 12b RESOLUTION NO. 187-84 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR LABOR AND MATERIALS FOR TENNIS COURT RESURFACING. Moved by Councilman Harper that Resolution No. 187-84 be passed. Motion seconded by Councilman Welburn. Mr. Bonnett stated that he has some concerns on the temperature, but he hopes the weather will turn around, and they can get it done as soon as possible. They are working with Parks, and will have inspectors on duty. Councilman Swift made a motion to re-bid, since there was only one bidder. (It was noted that those in the Dallas/Ft. Worth area were not interested.) No second was received. The City Manager stated that he does not like one bid, but he feels if we do not take this bid it will not be done before next year, as far as weather is concerned. The motion for passage of the resolution was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: Councilman Swift Item 13a RESOLUTION NO. 188-84 RESOLUTION ACCEPTING ROAD AND PAVING IMPROVEMENTS IN THE WICHITA BEND RV PARK BY ZACK BURKETT COMPANY. Moved by Councilman Harper that Resolution No. 188-84 be passed. Motion seconded by Councilman Welburn. It was noted that no liquidated damages were assessed because of the deter- mination that the City caused the delays. 560 Item 13a, Cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson Item 13b RESOLUTION NO. 189-84 RESOLUTION APPROVING CHANGE ORDER NO. 1 WITH BUCHANAN CONSTRUCTION FOR CONSTRUCTION OF THE SECURITY ROOM ROOF AT MUNICIPAL AIRPORT. Moved by Councilman Thomas that Resolution No. 189-84 be passed. _ 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 14b Councilman Harper stated that he has been told of some flagrant violations of the Blue Law, and he asked about the enforcing agency? The City Attorney stated that it is initially the City's responsibility, then the County gets involved. He also noted that there are lots of signs nailed on telephone poles, which is against the law. He mentioned signs on Southwest Parkway, Taft, and Jacksboro Highway. Councilman Thomas mentioned a balloon sign on Elmwood at Southwest Parkway, as well as garage sales other places. Councilman Thomas thanked Jan Stricklin and the staff for the city picnic on Sunday. He would also like to see the band honored, who played all day. Item 14c The meeting recessed at 1:10 P.M. for executive session pursuant to Article 6252-17, Paragraph (g) of the Revised Civil Statutes. The meeting resumed, and immediately adjourned at 2:00 P.M. PASSED AND APPROVED this day of , 1984. 4yD. ook, Mayor ATTEST: i Wilma J. T omas, City Clerk