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Min 07/01/1986 269 Wichita Falls, Texas Memorial Auditorium Building July 1 , 1986 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 Memorial Auditorium Building at 8:30 o'clock A.M. with the following members present. Charles Harper Mayor Sandy Goff Charles Thomas Ruth Ann Allred Ronald Buffum • Jon Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Lindsey 'Walker Absent The invocation was given by Gordon (Pete) Smith, of the Faith City Mission. Charles Harper, Mayor, read a four-line poem on love, noting that this is the thirty-first wedding aniversary of he and his wife. Item 4a-8g Items 5c, 6b, and 7d were moved to the regular agenda. Moved by Councilman Thomas that the consent agenda be approved. Motion seconded by Councilman Buffum. Item 4a Jack Suggs, an employee in the Engineering Department, was honored as employee of the Month for July. Charles Harper, Mayor, presented him with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4b Charles Harper, Mayor, presented Commendation of Merit awards to Terry Walser and Mark Muniz for their quick, heroic actions in saving the life of Melvin James Bowman, who was in an accident in the Wichita River on June 15, 1986. The Council expressed their appreciation, with Charles Harper, Mayor, stating that the actions of these two young men are exactly what they would expect of them. Item 4c Rod Dennis, of Siemens Energy and Automation plant, announced that they would be donating the electrical equipment for the waterfall project, which will include controls and lighting. Mr. Dennis stated that they are very appreciative of the response from the citizens of Wichita Falls. They will also provide a scale model of the falls. He presented a letter of their intentions to Gail Thompson, Chairman of the Falls Committee, and to Charles Harper, Mayor, who expressed the City' s appreciation. Item 4d Gordon (Pete) and Sharon Smith of Faith City Mission, were presented a check in the amount of $10,000, by Charles Harper, Mayor, as a Hands Across America grant to feed the hungry and needy. It was noted by Gordon Smith that they were feeding about 6,000 meals per month, an increase of 1 ,500 per month this year. He expressed appreciation for this contribution. 270 272 Items 8a-g - (Cont. ) Minutes of the meeting of the Zoning Board of Adjustment held June 2, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None Minutes of the meeting of the Planning and Zoning Commission held June 11, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nayes: None Minutes of the meeting of the Planning and Zoning Commission held June 17, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None Minutes of the meeting of the Board of Electrical Examiners held June 12, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays; None Minutes of the meeting of the Park Board held May 22, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None Minutes of the meeting of the Park Board held June 26, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum and Kirkham Nays: None Item 9a A resolution in recognition of Max Kruger was read by Charles Harper, Mayor, who stated that they felt they could not let this sad moment pass without some kind of recognition of Max Kruger for his service to the City. The resolution was accepted, with thanks, from three of Mr. Kruger' s children, Julian, Julie Ann, and Carolyn, and from his brother-in-law, Melvin Rubin. RESOLUTION NO. 87-86 RESOLUTION IN RECOGNITION OF MAX KRUGER Moved by Councilman Buffum that Resolution No. 87-86 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None 273 i Item 5c A proposed ordinance was presented to approve modification to water purchase contract with Sheppard Air Force Base. Councilman Kirkham asked how this is changed? George Bonnett explained that this is the rate change the council had passed the previous year, and it has now been reviewed by the Air Force. There are only two modifications to the contract. ORDINANCE NO. 52-86 ORDINANCE TO APPROVE MODIFICATION TO WATER PURCHASE CONTRACT WITH SHEPPARD AIR FORCE BASE Moved by Councilman Kirkham that Ordinance No. 52-86 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham I Nays: None Item 6b Discussion was held on a proposed resolution for acquisition of utility easements in Morningside Park Addition. Councilman Goff stated that the owner of Parcel 323 is concerned that they would incur driveway damage. If this should occur, would they be compensated? George Bonnett stated that any damage done would be repaired under the contract. There is no way they can guarantee that vegetation damage will not occur at some time. We do our best to minimize it. Thelma Murrell , 2812 Ninth Street, stated that this waterline is going all the way down Morningside across her yard. She asked if there is another alternative? Mr. Bonnett stated that they are trying to go around as much as possible. It will be bid out, and done by contract. Mrs. Murrell asked if the grass will be put back like it was? Charles Harper, Mayor, stated that we need to work on that. He mentioned a problem in his own yard of a contractor tearing up a sprinkler system, etc. Councilman Buffum asked if this is a similar situation as at Speedway and Taft, and Mr. Bonnett stated that it is. Councilman Buffum asked if they had had success with putting a six-inch waterline under trees ? Mr. Bonnett agreed that it had been very successful . RESOLUTION NO. 88-86 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS IN MORNINGSIDE PARK ADDITION, APPROVING APPRAISALS OF PARCELS #300, #321, #322, AND #323, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Moved by Councilman Goff that Resolution No. 88-86 by passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Mays: None 274 Ttem 6e 276 278 Councilman Buffum asked Mr. Bonnett about streets and drainage. What type of criteria is applied to this and how were the streets selected? Mr. Bonnett stated that the first and foremost problem we have is Kemp. The slurry coat is a specific type of repair. It adds no strength to the street. It only seals. They use a visual survey basis on this. He stated that all of the $450,000 is for streets. There is nothing in here for drainage. Councilman Buffum asked if there is any way a project, such as the rear of Scottsdale, could be addressed? Mr. Bonnett stated that they could direct them to delete some of these streets, and also use some of the contingency funds for it. Charles Harper, Mayor, stated that the problem here is that some people do not want to participate in it, and he feels the City will have to put up some money for it. He requested that Mr. Bonnett and Mr. Hodge discuss a method of getting some of this money back in the future. Councilman Goff asked about some of the current data processing staff being moved to the Police Department? Mr. Barrett stated that he expects to develop someone on the staff for a micro computer expert. He explained that we are talking about an expenditure of $10,000 per office for this data processing equipment. We are making this compatible with what we already have. Councilman Kirkham stated that Loop 11 belongs to the City and State, and it is coming apart. He asked about the plan for that, and Mr. Bonnett stated that he would check with the district engineer. The motion for passage of Ordinance No. 56-86 was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None Item llb ORDINANCE 55-86 AN ORDINANCE TRANSFERRING FUNDS BETWEEN DEPARTMENTS WITHIN THE GENERAL FUND FOR PURPOSES OF PURCHASING A PUBLIC SAFETY COMPUTER SYSTEM AND A MUNICIPAL COURT COMPUTER SYSTEM. Moved by Councilman Goff that Ordinance No. 55-86 be passed. Motion seconded by Councilman Allred. Councilman Thomas asked if this would tie the Police Department to the Courts to check for warrants? Mr. Barrett stated that this is -art of the system. Mr. Berzina stated that the total package is $700,000. We have the $500,000 package. This amount would add to the $500,000 that we already have. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None Item 12a RESOLUTION NO. 91-86 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGF FOR 279 Item 12a (Cont. ) Moved by Councilman Thomas that Resolution No. 91-86 be passed. Motion seconded by Councilman Goff. Councilman Kirkham asked about the time frame. Roger McKinney, Planning Director, stated that we always put in more projects than what we expect to receive funding for. If a project is not in there, it will not be funded. The motion was carried by the following vote. ;yes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None Item 12b RESOLUTION NO 92-86 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH COMMAND DATA SYSTEMS FOR THE PURCHASE OF A PUBLIC SAFETY COMPUTER SYSTEM AND A MUNICIPAL COURT COMPUTER SYSTEM Moved by Councilman Goff that Resolution No. 92-86 be passed. Motion seconded by Councilman Buffum. Councilman Goff noted that on the report is suggests that you don' t pay the vendor more than fifty percent of the cost until the system has been in operation. Mr. Barrett stated that we are looking at an 18-24 month installation period. As each module is completed, we will hold back thirty percent of each module, and we will hold out ten percent for the entire system. The long installation period is the reason we did not go with the fifty percent. They were not willing to accept the fifty percent provision. The system will be evaluated by personnel of the Police Department. They have already transferred a person from Data Processing to Police, and there will be another one transferred. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum and Kirkham Nays: None I teen 12c RESOLUTION 93-86 RESOLUTION APPROVING AMENDMENT TO NON-ANNEXATION CONTRACT WITH WICHITA FALLS ENERGY COMPANY TO ADD ADDITIONAL TRACT. Moved by Councilman Thomas that Resolution No. 93-86 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None Item 12d RESOLUTION NO. 97-86 RESOLUTION ACCEPTING POLICIES AND RULES FOR THE INVESTMENT OF CITY FUNDS. 280 Item 12d (Cont. ) Moved by Councilman Allred that Resolution No. 97-86 be passed. Motion seconded by Councilman Kirkham. Charles Harper, Mayor, stated that he would like the Council to kno�i once a month where the money is. The City Manager suggested that they come up with an appropriate monthly form showing where the money is invested. Charles Harper, Mayor, requested a list of primary government securities dealers where money will be invested. Councilman Buffum stated that since the ultimate financial responsibility is with the Council , they have a need to know where their money will be invested. All dealers should be approved by the City Council . Murphy Davis, of Herbert R. Smith, Incorporated, stated that they were dealing with securities not totally owned by the City. He stated that the dealer is not as important, as the way it is delivered. Charles Harper, Mayor, stated that he wants to know who we will be dealing with, or investing in. Fred Werner explained that he could provide a list, stating that there are only 20-25 firms in the United States who are primarily government securities dealers. Mr. Werner left the Council meeting to get the list. Later in the agenda he returned with the list, which the Council approved. The motion for passage of Resolution No. 97-86 was carried by the folloviinn vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None Discussion was held on ordinances authorizing the issuance and sale of water and sewer refunding revenue bonds, and authorizing the issuance of general obligation refunding. Murphy Davis noted that Ken Smith, with Schneider Bernet, and Tom Spurgeon, with McCall , Parkhurt and Horton, were present. Mr. Davis explained the impact of refunding. He noted that oil and agriculture have been very strong in our area, but they will cause our area economy to be somewhat depressed. We are seeing stabilization of the tax base, if not a decline. Interest rates are as low as they have been for the past ten years. The last reason of primary importance is that re-financing may not be available to this or any other city if House Resolution 3838 passes. Rates are good, but not as good as they were in April or May. We could put this financing off for a couple of weeks if we wanted to play the market, but we have to make some payments on these bonds on July 31, 1986. Mr. Davis noted the high bond ratings the City received from both Standard and Poors, and Moodys. Charles Harper, Mayor, stated that the action of the Council and the financial advisor, in New York, is the reason for the good ratings. Most of the Council went to New York. Councilman Thomas noted that we are not the only city who is out grabbing for these rates. Our total indebtedness is less than one year's operating budget. This is one of the reasons for good ratings. Murphy Davis agreed. ORDINANCE NO. 56-86 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS, WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1986, AUTHORIZING THE EXECUTION OF A BOND PURCHASE CONTRACT, APPROVING AN OFFICIAL STATEMENT AND THE EXECUTION OF AN ESCROW AGREEMENT. Moved by Councilman Thomas that Ordinance No. 56-86 be passed. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None 281 Item 12d (Cont. ) ORDINANCE NO. 57-86 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1986, AUTHORIZING THE EXECUTION OF A BOND PURCHASE CuNTkACT, APPROVING AN OFFICIAL STATEMENT AND THE EXECUTION OF AN ESCROW AGREEMENT. Moved by Councilman Goff that Ordinance No. 57-86 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum and Kirkham Nays: None Ken Smith stated that he appreciates the opportunity to serve as under- writer on this issue. He seconded the comments on the New York presentation. He stated that the Mayor was interviewed in New York by the Bond Buyer. When that article came out, they had calls from investment bankers who normally did not invest in Texas. Tom Spurgeon noted that he needs the Mayor and City Clerk to sign these ordinances. Item 13a Moved by Councilman Allred that the bid for various computer hardware and software for the Health Department be awarded to IBM, in the amount of $24,946. Motion seconded by Councilman Goff. City Attorney, H. P. Hodge, stated that we are buying under the State' s bid on this. Councilman Goff mentioned comments that the Health Department' s present computer is not sufficient to do the job. Mr. Barrett mentioned maintenance on it, and they will send it back to the State. The new purchase will replace this one. The motion was carried unanimously. Item 13b RESOLUTION NO. 94-86 RESOLUTION TO APPROVE AWARD OF BID FOR INSTALLATION OF WATER AND SEWER LINES TO SERVE THE OVERNIGHT RECREATIONAL VEHICLE PARK. Moved by Councilman Goff that Resolution No. 94-86 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nayes: None Item 14a RESOLUTION NO. 95-86 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE 1985 STREET REHABILITATION PROGRAM. 282 Item 14a (Cont. ) Moved by Councilman Thomas that Resolution No. 95-86 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and KirKnam Nays: None Item 14b RESOLUTION NO. 96-86 RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO CONTRACT D, CYPRESS TREATMENT PLANT EXPANSION PROJECT Moved by Councilman Goff that Resolution No. 96-86 be passed. Motion seconded by Councilman Allred. Councilman Thomas asked about the expense of the line that ruptured. Mr. Bonnett stated that it was a line break that you would expect to rupture in the right-of-way. They feel it is a fairly reasonable cost. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Kirkham Nays: None Item 15a Consideration was given to the River Ridge Civic Center Site. The City Manager explained that one of the things Mr. Frase and Mr. Williams are asking for, in addition to informing the Council that they were proceeding with the private part of the development, they would ask an indication from the Council in terms of our plans and our position, probably in part because of turnover on the Council , and probably in part because there have been comments on the timing period for the City' s involvement on that particular site. Mr. Frase is quite actively proceeding with development of the shopping center, but it seems that he is requesting information on the City's interest in that site. He and Mr. Williams commented that they would go ahead with the private part of the development, saving back the 26 acres until the very end, if the City would renew its interest in that at some other point. He believes they are asking for a statment that clears the air in terms of where the City is in its consideration of that site. Mr. Berzina read a suggested motion which had been prepared. Mr. Berzina further stated that he believes Mr. Frase understands this situation, and perhaps the direction the City will go. He is concerned that it not be viewed negatively, and that the City continue to cooperate with him and Mr. Williams, and other, to try and secure development of that site as a shopping center. Mr. Berzina assured him that this is our intention. All we are basically saying by this is that the City is not ready, at this point, to proceed with a convention center, and probably ought to release them, as well as ourselves, of any understanding +� of that. Councilman Thomas stated that what we are saying is that we are not actually aggressively seeking a place for a convention center anywhere. The City Manager commented that this is a re-examination on the part of the City, and also responding to their request that we indicate the City' s interest to them. Mr. Williams had indicated to him that when they talk to people about developing, that, in part, has become a negative factor to them to develop the site as a private developer. His approach to hold the land back, should the Council decide on a civic center at some point, he would hope to still have the land available if your interest is there. 283 Item 15a (Cont. ) Moved by Councilman Thomas that the motion adopted by the City Council on January 28, 1986, choosing the River Ridge site for the convention center, provided an opportunity for Frase and Williams to come up with a plan of developer financing accomplished by tax abatement, and a reasonable time has passed and such a financing plan has not been presented; therefore, the ! decision rude by the Council shall hereafter again examine and consider all reasonable alternatives for the location and financing of the convention center; the City Council extends its appreciation to Frase and Williams for their offer to donate the 26 acres to the City for this project, and their willingness to keep this offer open. Motion seconded by Councilman Buffum. Councilman Kirkham called for a point of order, stating that on January 28, 1986, Mayor Cook announced that a meeting was called to hear another proposal on the convention center, and to decide the location. Two motions were made during that meeting. He brought this up because he thinks the motion Mr. Berzina read is fine, but he thinks Mr. Hodge will guide us on the legality of renewing or doing away with the motion. We are not doing away with that particular site when we make this motion. We are doing away with the Civic Center altogether. One previous motion was to place the civic center with the riverwalk area. That motion failed. The other motion was moved by Councilman Wilson that we proceed with the River Ridge site, which will front on I-44 and Hiahwav 287, and seek developer financing which would be accomplished by an equitable tradeoff of tax abatement on the River Ridge site in exchange for lease reduction and reduced capital . The motion was seconded and carried unanimously. So, therefore, the binding of the 26 acres is making part of the discussion throughout this thing, but the actual motion was to develop the convention center on the River Ridge project. Charles Harper, Mayor, stated that this is not correct at all . Councilman Kirkham noted that these are the official minutes. Charles Harper, Mayor, stated that is not what we did, and not what he read in there. Council- man Kirkham stated that he read it verbatim. Charles Harper, Mayor, stated that the motion was just exactly what he read, and it had to do with tax abatement. It all boils around tax abatement. The plan had to include tax abatement, or it would not be accepted. Charles Harper, Mayor, stated that they had a lot of talk about what this motion meant at that and the next meeting, and he knows where they are. He believes it will help both us and them. City Attorney, H. P. Hodge, addressed the point of order requested by Councilman Kirkham stating that the way he read that original motion of January 28, and the way he understands the motion, was that the Council chose to proceed with that, subject to those conditions, and, of course, that has been since January 28, and the conditions have not been met, and he understands from what Frase and Williams have said, it probably may not be met, and he thinks it was clear from the motion that for the Council to go ahead with that site, it had to be with the plan for tax abatement, and since the plan is not forthcoming it looks to him like it could be considered that the action just to have expired. Councilman Buffum stated that every business contract has a terminating date. It is not open ended. It is their concern that their position be defined. Mr. Hodge stated that courts would determine what is reasonable time limits, and he feels this motion of January 28 would be construed that way. Councilman Kirkham asked if this motion legally kills and clears this location at River Ridge. Mr. Hodge stated that he feels it says that this motion has expired, and you are back where you were in the beginning. Councilman Thomas noted that we are not approving any site. It just clears this one. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, and Buffum Nays: Councilman Kirkham 284 Item 15b Charles Harper, Mayor, noted that the July 15, 1986, council meeting will be held beginning at 5:30 P.M. , with a 10:30 P.M. time limit for the meeting. Councilman Kirkham mentioned a letter and phone calls from Mr. McMillan. Charles Harper, Mayor, stated that all of them had received those letters. It appears that for whatever reasons , he does not want to submit another application. He was told that he would be re-considered if he would present a new application. The City Attorney explained some past history. Traffic Director, Robert Parker, stated that Mr. McMillan' s permit allows him to operate in Clay, Archer, and Wichita Counties. He cannot operate within the city limits. His permit is a motor bus, and they do not issue that type of permit again. Councilman Kirkham noted that we asked him to update his application, but he won' t do it. Charles Harper, Mayor, stated that all he needs to do is update it, but he won' t do it. Councilman Goff asked about the grant on the softball field. Jack Murphy stated that it was delayed, and they should now hear by July 24. Councilman Goff asked if we are building one or two fields? Mr. Murphy stated it is one, but we will also be looking for another site at some future time. The grant request is very competitive. The State reimburses fifty percent on cancelled checks. The other choice is to bear all the cost ourselves. Charles Harper, Mayor, stated that we need to have a Council retreat that will encompass several days. Topics to be discussed could include River Ridge, water rates, goals, and relations with the school board and county governments. Councilman Kirkham stated that his is opposed to the retreat. The Council decided on the dates of July 11-13, 1986, for the retreat. Items 15c, d The City Council recessed into executive session at 12:55 P.M. , and reconvened at 4:45 P.M. Moved by Councilman Goff that the Following board appointments be approved. a. Housing Authority Board Dr. C. B. Fuller - July 1 , 1986 to July 1 , 1988 Rosezella Robinson - July 1, 1986 to July 1 , 1988 b. Board of Electrical Examiners J. Jeff Willett - July 1 , 1986 to July 1 , 1988 c. Library Board Beverly Singleton - July 1 , 1986 to July 1, 1989 Ann Kremp McClure - July 1 , 1986 to July 1989 Charles Olson (Replacing Mark Prothro) - July 1 , 1986 to July 1 , 1988 Robbie Masters - July 1 , 1986 to July 1 , 1989 Rosemary Capps - July 1 , 1986 to July 1 , 1987 Gracie Gregg - July 1 , 1986 to July 1 , 1989 285 ( Items 15c, d (Cont. ) d. Park Board Jim Welburn (Replacing William Harriman) - Term to expire December 31, 1988 i Motion seconded by Councilman Allred, and carried unanimously. The City Council adjourned at 4:59 P.M. PASSED AND APPROVED this day of 1986. ar es Harper, Mayor ATTEST: Wilma J. Thotas, CMC, City Clerk i