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Min 09/24/1985 27 Wichita Falls, Texas Memorial Auditorium Building September 24, 1985 Item 1 & 2 The City Council of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium 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 E. B. Compton, Christ United Presbyterian Church. Item 3 Moved by Councilman Wilson that minutes of the meeting held September 3, 1985, be approved. Motion seconded by Councilman Palmer, and carried unanimously. Item 4a-7d Items 4b, 5c, 6b, 6c, and 6d were moved to the regular agenda. Moved by Councilman Harper that the consent agenda be approved. Motion secoded by Councilman Palmer. Item 4a ORDINANCE NO. 104-85 ORDINANCE RE-APPROPRIATING FUNDS BETWEEN DEPARTMENTS FOR THE PURPOSE OF MATCHING THE FEDERAL GRANT FOR RENOVATING THE INTERIOR OF THE WICHITA FALLS MUNICIPAL AIRPORT TERMINAL BUILDING Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5a RESOLUTION NO. 115-85 RESOLUTION NAMING ELECTION OFFICIALS AND POLLING PLACES FOR ELECTION TO BE HELD ON SATURDAY, OCTOBER 12, 1985 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5b RESOLUTION NO. 116-85 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 2 WITH RIO AIRWAYS, INC. , METRO EXPRESS II AND AMEND- MENT NO. 4 WITH SMB STAGE LINES, INC. FOR LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT 28 Item 5b, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Thomas, and Welburn Nays: None Item 5d RESOLUTION NO. 117-85 RESOLU1ION ACCEPTING BID OF TAYLOR AND COMPANY FOR THE CONSTRUCTION OF THE EXPRESSWAY VILLAGE PARK PLAY AREA ` Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5e RESOLUTION NO. 118-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR CONSTRUCTION OF THE JALONICK PARK SOFTBALL FIELD LIGHT- ING SYSTEM Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6a Bids for the estimated annual requirements for office supplies were awarded as follows. a. General Office Supplies - West Wholesale - $10,477.08 b. Binders - McBee Printers - $683.24 c. Envelopes - DeLine Company - $1 ,854.98 d. Ribbons - DeLine Company - $839.04 e. White Paper - Pollock Paper Company - $6,720.70 f. Colored Paper - DeLine Company - $635.60 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Items 7a-d Minutes of the meeting of the Mayor' s Commission on the Status of Women held June 6, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Zoning Board of Adjustment held August 21 , 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Park Board held August 22, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Youth Activities Advisory Council held August 26, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 29 Item 4b ORDINANCE NO. 105-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY-FIVE (25) FOOT WIDE ALLEY IN BLOCK 147, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT Moved by Councilman Harper that Ordinance No. 105-85 be passed. Motion seconded by Councilman Wilson. Councilman Harper asked if we are requiring these people to replat this property? Roger McKinney stated that the purpose of this alley closure was for construction activity, and they would be requiring them to plat the property in one lot. Councilman Harper noted that the problem is that the property I is several lots, and a person did this and came back two or three years later and sold half of the block, and the new owner came back and wanted the alley open. He wondered if we could require the property to be replatted into one lot to prevent this? Mr. McKinney stated that it could be done. It is normally for construction purposes, and there is a plat involved anyway. Fire Chief Jameson wanted to know if it would be fenced with chain link so they could cut into it in case of fire? Mr. McKinney stated that it would be. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None ORDINANCE NO. 106-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT WIDE NORTH-SOUTH ALLEY IN BLOCK 5, SPIVEY ADDITION, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT Moved by Councilman Harper that Ordinance No. 106-85 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 Item 5c RESOLUTION NO. 119-85 RESOLUTION APPROVING CONTRACT WITH JAYNE LYNDS AS TENNIS PROFESSIONAL AT THE WEEKS TENNIS CENTER Moved by Councilman Wilson that Resolution No. 119-85 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 RESOLUTION NO. 120-85 RESOLUTION APPROVING CONTRACT WITH JOHN C. SIMMONS AS TENNIS PROFES- SIONAL AT THE HAMILTON TENNIS CENTER Moved by Councilman Palmer that Resolution No. 120-85 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 30 Item 6b Moved by Councilman Harper that bids for the City' s insurance program be awarded, as follows. a. Fred S. James Company - Airport Liability - $2,250.00 b. Fred S. James Company - Professional Liability for Medical Clinics - $32,271.00 C. Fred S. James Company - Professional Liability for Doctors - $458.00 d. Williams Dwyer Company - Excess Worker' s Compensation - $12,000.00 Motion seconded by Councilman Wilson. Councilman Harper asked what we would be self-insuring? Mr. Barrett stated general liability, police professional , and fleet liability. He further ex- plained that medical liability coverage was for the Health Center, the nurses, and Doctor Cox. The motion was carried unanimously. Item 6c RESOLUTION NO. 121-85 FOR THE AWARD OF BIDS THROUGH THE STATE OF TEXAS CONTRACT NUMBER 1646 TO THE IBM CORPORATION FOR THE PURCHASE OF AN IBM PC-AT BASED COMPUTER SYSTEM Moved by Councilman Harper that Resolution No. 121-85 be passed. Motion seconded by Councilman Thomas. Councilman Harper asked if the $11 ,966 is a total cost of the personal computer system for the Engineering Department? Mr. Bonnett stated that it is. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6d A request was also made by the Planning Department to purchase a personal computer system. RESOLUTION NO. 122-85 A RESOLUTION FOR THE AWARD OF BIDS THROUGH THE STATE OF TEXAS CONTRACT NUMBER 1646 TO THE IBM CORPORATION FOR THE PURCHASE OF AN IBM PC BASED COMPUTER SYSTEM Moved by Councilman Palmer that Resolution No. 122-85 be passed. Motion seconded by Councilman Wilson. The City Manager stated that the Courts and Police Department were emphasized for this year, along with Engineering and Planning. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 31 Item 8a A public hearing was opened on an additional taxicab for Claudio Ramirez, Senior. Mr. Ramirez stated that he needed more than one cab for his operation. The public hearing was closed. Final action will be taken at the next meeting. Item 9a A lengthy discussion was held on a proposed ordinance to adjust treated water rates for retail customers . A motion was made by Councilman Harper, and seconded by Councilman Welburn, for its passage. Mr. Bonnett noted that rate consultants Searcy Willis and Marvin Morgan were present. Mr. Bonnett stated that he is expecting a shortfall of $1,265,000. The rate consultant brought back three options. Option One will meet the operation, maintenance, and debt service. Option Two has an across the board rate increase, and changes the sewer rate to a winter month rate consisting of December, January, and February. It will meet operation, maintenance, and debt service. Option Three changes from a decreasing rate to a flat rate. It also changes the sewer rate to a winter month rate. It also meets the operation and maintenance, and debt service. The ordinance was prepared for Option 3. Councilman Wilson asked what would be the effect of including commercial and industrial customers in the winter months averaging? Mr. Bonnett stated that he would have to refer it to the consultants. Councilmen Thomas and Welburn raised questions relating to putting large water customers on low water usage, and if we have information that shows that the winter months are the months of lowest consumption? Mr. Bonnett stated that we have such information. Searcy Willis outlined what they did in the study. They began their study in March. The rates they are recommending are based on the 1986 budget. They do not see much variation in commercial accounts in the winter and summer months. Councilman Wilson noted that the question was raised by some of them. Mr. Bonnett stated that Wichita Falls is unique, in that most of the communities have a finite source of water. We have an almost unlimited ability to produce water for ourselves, as well as our neighboring cities, but at a high cost. Arlington, Waco, and Abilene have declining rates. Councilman Harper would like to see Option Two considered as across the board, and winter averaging, as long as we can, to attract industry. Mayor Cook and Councilman Palmer stated that Options Two and Three rates are still lower than our competitors. Abilene is on an inverted scale, which increases costs as usage increases. Mr. Willis noted the aggressiveness and success of Sherman in attracting industry. Their water rates are considerably higher. Councilman Harper noted that water costs are going to be very important. He would like us to use this tool for a conservation measure as long as we can to attract industry. He favors Option Two, with an across the board sewer averaging. Moved by Councilman Harper that we table a decision on this item until Mr. Willis can get back to us on the commercial customers. Motion seconded by Councilman Thomas. Councilman Wilson does not believe there is significant difference in the commercial customer to use as a tool . Option Two is higher on the low user. He feels we should act on Option 3. Brad Meek suggested that the matter be tabled for more time for industrial users to give input into this matter. They spent one hour on it yesterday. Mayor Cook noted that most of our major industries outside the city limits are under an annexation agreement, and do not pay taxes to the City. The options which have been presented to the Council try to equate the rates charged. We are talking about residents continuing to subsidize industrial customers. He does not believe the difference between Options Two and Three will be sufficient to discourage commercial customers from operating here. Texans will be voting on November 5 on water conservation. Option Two would encourage waste. Councilman Harper stated that we are talking about a 50 percent increase for large users. It is not to discourage conservation, but he does not want to cause commercial users to stop using water. 32 Item 9a, cont'd. Councilman Thomas noted that the industrial people were not notified until last week to have a meeting yesterday. Mayor Cook stated that the Council looked at the annexation agreement very closely to encourage industrial growth in the city. Water is our most precious finite resource. We have the opportunity to discourage higher and wasteful usage of water but we also have a responsibility to the taxpayers to protect our industrial bond rating. It will help future generations. Option Three provides an equitable rate, and also water conservation. Councilman Wilson stated that he feels there is no Council who has worked harder to encourage industrial growth, but we have consistently tried to implement fees that make the users pay for it. He could see the need for additional information on bringing the industrial customers into winter sewage usage. The motion to table, pending additional information on other options, ` carried by the following vote. Y Ayes: Councilmen Swift, Thomas, Harper, and Welburn Nays: Mayor Cook, Councilmen Wilson and Palmer. Mr. Bonnett suggested that the other ordinances be tabled. The Council agreed to delay action on all matters pertaining to water and sewer rates. The Council wanted more information from commercial users and seasonal users. They also wanted the consultant to look at placing commercial and industrial customers on a winter sewer usage rate. Paul Irwin requested that the Housing Authority be considered as residential , rather than commercial rates . Councilman Harper noted that their consumption had increased more than the rate. Councilman Wilson noted that it was not right to ask someone else to pay his bill . Mayor Tim Hunter, from Iowa Park, and the Holliday City Administrator, requested more time to study the issue. It was expected that the additional information could be ready by October 15. Item 9e ORDINANCE NO. 107-85 ORDINANCE AMENDING SECTION 28-6.1 OF THE CODE OF ORDINANCES, TO INCREASE THE RESIDENCE HOMESTEAD EXEMPTION OF PERSONS 65 YEARS OF AGE OR OLDER Moved by Councilman Palmer that Ordinance No. 107-85 be passed. Motion seconded by Councilman Welburn. Assistant City Manager Edward Barrett explained that if this ordinance is passed, one option is to place the tax rate back on everyone else, or keep the tax rate that you have, and reduce services in the budget. There would have to be $90,000 in budget reductions. Mayor Cook noted several areas where cuts would have to be made. Councilman Wilson asked about our surplus . Mr. Barrett and Mr. Werner stated that it is two and one-half million. The City Manager stated that we are not as comfortable that we will make the revenues that we projected. Most of this is coming from the revenue side, rather than the expenditure side. Mayor Cook noted that he supports AARP, but he has to oppose them on this request.. We have streamlined our operations, and reduced our tax burden on the everyday taxpayer. We increased the exemption to senior citizens two or three years ago. The other local entities have not reduced taxes (County and School ) who granted the request to senior citizens. The only way he can see that we would do this is to increase taxes to every taxpayer, or go into deficit spending, and he is not in favor of that. Somewhere you have to pull out $90,000 to give to Senior Citizens. He is compassionate to the senior citizens, and to everyone. We have reduced taxes for everyone, and he does not believe this is equitable in light of what we have accomplished. 33 Item 9e, cont'd. Councilman Harper agreed with Mayor Cook, except for the fire truck which we were not planning to buy until next year. He suggested that money for the fire truck be taken out of surplus. It was noted that we have a surplus because of the watch dog concerns of the City Manager and his staff, and account- ing personnel . Councilman Palmer agreed with Councilman Harper, stating that he would like to talk about a fire truck from surplus in six months. Councilman Thomas asked if they could ask them to further reduce salaries in the amount of raise this year? Mr. Barrett stated that they could provide whatever options they requested. Mayor Cook stated that we have just now got salaries where they should be, and he does not feel that is the way we should go, because it would make it harder to secure people. The City Manager stated that the $90,000 reduction is not only for this year but for every year. An exemption is the thing that weakens the property tax most. i Mayor Cook stated that they have made sure that the City is run like a business, and hopefully they have reduced expenditures. He commended the staff and Council on what has been done in running the City more efficiently and cost-effective. We are all benefiting, but we have reduced the costs to senior citizens in decreasing taxes and granting an exemption two or three years ago. The motion was carried by the following vote. Ayes: Councilmen Swift, Thomas, Harper, Palmer, and Welburn i Nays: Mayor Cook and Councilman Wilson The reduction will be made from the fire department for the fire truck, and bring it back to the Council in six months. Item 10a A public hearing was opened on the budget and work program for the 1985-86 fiscal year. No one requested to be heard, and the hearing was closed. Item 10b ORDINANCE NO. 108-85 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILD- INGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1985, AND ENDING SEPTEMBER 30, 1986, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY Moved by Councilman Palmer that Ordinance No. 108-85 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 10c ORDINANCE NO. 109-85 ORDINANCE MAKING AN APPROPRIATION TO THE INTEREST AND SINKING FUND FOR THE PURPOSE OF MEETING THE PRINCIPAL AND INTEREST OBLIGATIONS ON OUT- STANDING GENERAL OBLIGATION DEBT FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1985 AND ENDING SEPTEMBER 30, 1986 Moved by Councilman Harper that Ordinance No. 109-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. 34 Item 10c, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Item 10d Assistant City Manager Ed Barrett stated that the City has the option of using a 95 percent collection rate, and he suggested this be done. It will insure that we have sufficient funds without going into something else. Fred Werner explained the tax levy being passed to collect the amount of tax required. You can take the effective tax rate, and give some consideration to the collection rates. ORDINANCE NO. 110-85 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1985-86 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY Moved by Councilman Welburn that Ordinance No. 110-85 be passed, by changing the figure from .1152 to .1174, and from .6265 to .6287. 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 11a RESOLUTION NO. 123-85 RESOLUTION SETTING A PUBLIC HEARING FOR THE PAVING OF AN ALLEY NORTH OF LA'S CRUCES LANE AND DIRECTING STAFF TO PREPARE PRELIMINARY CONSTRUC- TION COST ESTIMATES Moved by Councilman Harper that Resolution No. 123-85 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 llb RESOLUTION NO. 124-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR RECONSTRUCTION OF THE SCOTTSDALE DRAINAGE CHANNEL Moved by Councilman Harper that Resolution No. 124-85 be passed. Motion seconded by Councilman Wilson. City Engineer David Zelanok presented a plan of the area, asking if the City would want to pay for the removal of the fences and an air conditioner belonging to the property owners? Councilmen Wilson and Palmer definitely did not want city funds spent on private property. Mr. Zelanok explained that an underground drainage was what they proposed. They would remove the existing flume. Mayor Cook stated that it would be contingent upon the property owners removing the fence and air conditioner. Councilman Swift asked why they didn't enlarge it, rather than putting it underground? Mr. Zelanok stated that would be cheaper, but: also a problem of kids on tricycles dropping off into it. The motion was carried by the following vote. 35 Item llb, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llc RESOLUTION NO. 125-85 RESOLUTION REQUIRING THAT AT LEAST 70% OF WORKER HOURS INVOLVED IN HEAVY CONSTRUCTION PROJECTS BE PERFORMED BY BONAFIDE RESIDENTS OF AN AREA WITH- IN 250 STATUTE MILES OF WICHITA FALLS, TEXAS Moved by Councilman Harper that Resolution No. 125-85 be passed. Motion seconded by Councilman Palmer. Councilman Harper stated that this came up as a result of a lack of heavy construction contractors in this area. He believes this will solve the problem, and not cause any increased hardship in the city. He would like a state law that would allow us to do to Oklahoma what Oklahoma does to us. The City Attorney stated that state law authorizes us to do this. Mr. Hodge also explained that he had some problems with this under the state bidding law. Councilman Harper noted that Judge Nelson had received an opinion from the Attorney General that this would be acceptable. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lld RESOLUTION NO. 126-85 RESOLUTION ACCEPTING BID OF ZACK BURKETT COMPANY FOR THE CONSTRUCTION OF THE 1985 PAVEMENT OVERLAY PROGRAM Moved by Councilman Harper that Resolution No. 126-85 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 Ile RESOLUTION NO. 127-85 RESOLUTION TO AWARD BID FOR 1985 BUDGET UTILITY IMPROVEMENT PROJECT Moved by Councilman Palmer that Resolution No. 127-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson Councilman Thomas suggested that we adopt a policy of not opening a bid if we only receive one. Councilman Wilson believes it is the staff' s responsibil- ity to get more than one bid unless it is a specialty item. Gene Probst, the engineer on the project, stated that they made every effort to get more than one bid. This project is nasty and tough to do. He does not believe we will ever get any out-of-town bidders on this type of project. Councilman Harper stated that we only have one bidder for this type of work in this area. Councilman Harper noted that the Feds publish an estimated cost. If a bid is over the estimate, it is not opened. 36 Item lle, cont'd. The City Manager suggested bringing a project report and the one bid to a council meeting, and let the Council tell them whether to open it or not. This would cause some time delays , however. Items llf RESOLUTION NO. 128-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE WEEKS PARK GOLF COURSE BACK NINE IRRIGATION SYSTEM Moved by Councilman Harper that Resolution No. 128-85 be passed. Motion seconded by Councilman Welburn. Councilman Harper read a letter from Patterson Electrical Company, which stated that, they have not been paid by the contractor for their work. City Attorney H. P. Hodge explained Article 51.60 requiring 100 percent payment and performance bonds. Councilman Wilson commented on general contractors not being responsive to his sub-contractors, stating that the sub has very little recourse. He does not want to get involved in the resolution of this matter. Councilman Harper suggested affidavits that all bills have been paid. Mayor Cook noted that if we withhold payment, then that puts the leverage with the sub-contractor. David Zelanok stated that this was a dispute between Westside Contractors and Patterson Electric. The City Attorney stated that they can put language in future contracts requiring affidavits. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None The City Council recessed at 12:00 P.M. , and reconvened at 1:35 P.M. Councilman Swift did not return to the meeting. Item llg RESOLUTION NO. 129-85 RESOLUTION ACCEPTING BID OF TAYLOR AND COMPANY FOR THE HARRISON STREET RECONSTRUCTION PROJECT Moved by Councilman Harper that Resolution No. 129-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llh RESOLUTION NO. 130-85 RESOLUTION AUTHORIZING AN INCREASE IN THE COMPREHENSIVE LIABILITY RESERVE FUND Moved by Councilman Harper that Resolution No. 130-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 37 Item lli RESOLUTION NO. 131-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE EASTSIDE DRIVE MEDIAN IRRIGATION AND LANDSCAPING PROJECT Moved by Councilman Wilson that Resolution No. 131-85 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Councilman Harper suggested changing heads on sprinklers on Midwestern Parkway. A heavier head should be used so it won't blow into the roadway. Item llj RESOLUTION NO. 132-85 RESOLUTION APPROVING INTERLOCAL COOPERATION AGREEMENT WITH WICHITA COUNTY CONCERNING CONVEYANCE OF LAND TO CITY FOR HOLLIDAY CREEK FLOOD DRAINAGE PROJECT Moved by Councilman Thomas that Resolution No. 132-85 be passed, and thanked the commissioners for this donation of land. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None i Item 12a RESOLUTION NO. 133-85 AWARD OF BID FOR THE 1985 COMMUNITY DEVELOPMENT PAVEMENT REHABILITA- TION PROGRAM Moved by Councilman Harper that Resolution No. 133-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12b Moved by Councilman Welburn that the bid for police communications center console equipment be awarded to General Electric in a total amount of $308,393, including $13,500 maintenance costs. Motion seconded by Councilman Palmer. Police Chief Harrelson stated that he was pleased with the equipment bid. In order to make this system work, they will need the best, and he thinks this is the best. Motorola did not bid, even though everything was changed that they requested. Bob Brown, and a representative of General Electric, explained this system. The City Manager asked what it would take to get a security system? The General Electric representative stated it would cost about $4,000 per channel . The motion was carried unanimously. 38 Item 12c RESOLUTION NO. 134-85 RESOLUTION ACCEPTING BIDS FOR TWO PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS Moved by Councilman Wilson that Resolution No. 134-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas , Harper, Wilson, Palmer, and Welburn Nays: None City Manager James Berzina stated that he would like to maintain these funds in a separate account to keep track of how much these properties are selling for. Item 13a Moved by Councilman Palmer that authority be granted to advertise for bids for sludge bed construction. Motion seconded by Councilman Wilson, and carried unanimously. Item 14a Harry Campsey appeared for the Boys' Club, requesting that the City deed the Central Boys ' Club property to them. It was given to the city as a park, and later an instrument was filed to make it accessible to an agency for the use of young boys. If it is not used for the original purpose, it would revert to the heirs. A Huff heir and the McGregor heirs state that they would like the City to deed it to the Boys ' Club. Councilman Thomas asked if the Boys ' Club is a corporation, and it was stated that it is . He stated that he is concerned about the City deeding it to the Boys ' Club, when they have not heard from all the heirs. Mr. Campsey stated that he had not heard from the Burns children. City Attorney H. P. Hodge stated that he would rather give this proposal some consideration before he gives them an opinion. Mr. Campsey asked if they would be more comfortable if he got an opinion from an attorney? Councilman Thomas stated that he would be a lot more comfort- able. Mayor Cook stated that he has no objection, except for the possibility of an heir coming back later. If releases can be obtained from all heirs, he would have no objection to it. Councilman Wilson expressed appreciation to Mr. Ball for the impact he has had on the lives of the boys of this community. Chuck :Smith submitted proposed changes to the animal ordinance. Mayor Cook stated that the staff would take their suggestions and prepare a staff report. It would then be brought back to the Council , and he would be notified of the time it would appear on the agenda. Councilman Welburn asked if an ordinance had been made available to them, and Mr. Smith confirmed that he has a copy of it. Councilman Welburn noted that a faster way to do this is to draw through the lines they do not approve of, then put it all on one document. Mr. Smith stated that the Health Department did not want it that way. Councilman Wilson expressed concern that changes requested by the Council come directly to the Council . He wants to see these changes as they are present- ed. The City Manager stated that the Health Department is making a complete review of the ordinance. This group, pet shop owners, and veterinarians are being considered. Councilman Wilson noted that he is talking about a copy of their concerns. Dr. Cox stated that he has a copy of their complaints, and he is sending a copy to each of them, along with his comments . What he is sending will not cover the pet shop complaints. With this group, there were 17 different 39 Item 14a, cont'd. sections which they wanted changed. Dr. Cox and the Mayor apologized for any rudeness by staff members which Mr. Smith previously noted. Councilman Wilson requested the City Attorney to update the Council on the cost of the Ward System suit. Mr. Hodge explained that Guinn and Morrison, the City's atorneys, were paid a total of $41 ,161.88; $31 ,000 for attorneys ' fees, and $10,161.88 for expenses. Lawyers William L. Garrett, of Dallas, and Rolando Rios, of San Antonio, who were attorneys for the Plaintiffs , were paid a total of $30,000, which includes fees for professional services and expenses. Total expenses borne by the citizens of Wichita Falls for this suit are $71 ,161.88. Councilman Wilson stated that taxpayers bear this burden equally. The Council was in the process of looking at this, and the Plaintiffs did not want to wait longer. Taxpayers will continue to incur fees in the future in changing voting places, etc. The lawsuit changes what we do. Mayor Cook stated that we are tied to that system until there is another suit brought to change it back. Only through the courts can it be changed. This is a trend in Texas, and will be the case until some city is willing to carry it to the Supreme Court. A court battle through the Supreme Court would be staggering. Councilman Harper stated that this appears to be a good job through the Texas Municipal League. Councilman Harper asked for a recommendation from the staff concerning the options available to us from out-of-state bidders. The City Manager noted that one of the property owners at Ringgold is willing to discuss with us the sale of this land. He suggested Tony Saulsbury to make these appraisals at a proposed fee of $6,500. Items 14b,c The City Council recessed into executive session at 2:45 P.M. according to Article 6252-17, Section 2, Paragraphs (g) and (e) , of the Revised Civil Statues. The meeting resumed at 4:45 P.M. Moved by Councilman Palmer that appointments be made, as follows. a. Plumbing Advisory Board Ray Hatcher - term to expire May 3, 1987 Charles Brown - term to expire June 7, 1987 b. Mayor' s Commission on Status of Women - all terms to expire September 30, 1987 Kathryn Fisher, Janice Sons, Kathryn Tubbs, Homer Ann Hooper, Sandrea Marvel (ex-officio) , Michaelle Kitchen, David Goodrich, and Brenda Andrews C. Board of Adjustments and Appeals (Building Code) - terms to expire June 7, 1987 Dick Bundy, Dennis Dohrer, and Randall Poteet Motion seconded by Councilman Welburn, and carried unanimously. The City Council adjourned at 4:50 P.M. 40 J q PASSED AND APPROVED this day of �� le�,� 1985. r Gar Coo ayor ATTEST: Wilma J. Thwat% CMC, City C erk