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Min 06/15/1982 368 Wichita Falls, Texas Memorial Auditorium Building June 15, 1982 items 1 & 2 The Board of Aldermen 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 7:00 o'clock p.m. , with the following members present. Gary D. Cook Mayor Gene Shearman Carol G. Russell Craig A. Wilson Aldermen Howard M. Morris Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting officer John W. Hampton Absent - - - - - - - - - - The invocation was given by Leo Smith, St. John's Baptist Church. - - - - - - - - - - Item 3 Moved by Alderman Wilson that minutes of the meeting held May 28, 1982, be approved. Motion seconded by Alderman Russell , and carried unanimously. Moved by Alderman Russell that minutes of the meeting held June 1, 1982, be approved. Motion seconded by Alderman Morris , and carried unanimously. - - - - - - - - - - Items 4a - 7a Item 4a was moved from the consent to the regular agenda. Moved by Alderman Russell that the remaining items on the consent agenda be approved. Motion seconded by Alderman Wilson. Item 5a The low bid for a crane-dragline for the Street Division was awarded to Bado Equipment Company, Houston, in the amount of $118,295. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays : None Item 5b The low bid for liquid chlorine for the Water Treatment Division was awarded to Dixie Chemical Company, Fort Worth, in the amount of $238.50 per ton for one- ton cylinders ($95,400) , and $51.50 per 150 pounds cylinder ($1 ,030) . Ayes : Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 5c The low bids for traffic signal equipment were awarded as follows, totalling $128,930. 369 Item 5c, cont'd. a. Signal Engineering Co. , Inc. 21 controllers - $103,782. b. Signal Engineering Co. , Inc. 30 plumbizer - $558. C. Signal Engineering Co. , Inc. miscellaneous repair parts - $4,000. d. Doerr Associates of Texas 150 detectors $10,275. e. Doerr Associates of Texas 60 detectors $4,785. f. Augustine Sales - 50 pull boxes $958. g. Traffic Signal Equipment, Inc. 30 transformer bases - $1 ,146. h. Clifford's of Vermont 20001 signal cable - $1,628. i . Clifford's of Vermont 4000, signal cable - $940. j. Clifford's of Vermont 60001 signal cable - $858. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 6a RESOLUTION NO. 102-82 RESOLUTION APPROVING CHANGE ORDER AND ACCEPTING CONSTRUCTION OF SOUTHSIDE COMMUNITY CENTER BUILDING BY JOE WOOD CONSTRUCTION CO. WHEREAS, the City of Wichita Falls and Joe Wood Construction Co. entered into a contract dated November 19, 1981, wherein the contractor agreed to construct the Southside Community Center Building; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, a change order has been submitted on this project, calling for additional electrical work in the amount of $368.02, which increases the contract price to $97,107.02, of which amount $91,902.06 has been paid, leaving a balance due of $5,204.96. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the Southside Community Center Building is accepted by the City of Wichita Falls, the change order is approved, and the City Manager is directed to pay to Joe Wood Construction Co. the balance due as set out above. Ayes : Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays : None Item 6b RESOLUTION NO. 103-82 RESOLUTION APPROVING CHANGE ORDER AND ACCEPTING CONSTRUCTION OF CONCESSION/RESTROOM BUILDING AT KIWANIS PARK BY NATHAN PHILLIPS CONSTRUCTION COMPANY, INC. WHEREAS, the City of Wichita Falls and Nathan Phillips Construction Company, Inc. , as Contractor, entered into a contract dated December 3, 1981, wherein said contractor agreed to construct a concession/restroom building at Kiwanis Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, a change order has been submitted on this contract, which calls for additional labor and material to install two 220 volt electrical Plugs for $85.00, which increases the contract price to $42,059.00, of which $36,607-00 has been paid to the contractor, leaving a balance due of $5,452.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the concession/restroom building at Kiwanis Park is hereby accepted by the City of Wichita Falls, the change order is approved, and the City Manager is directed to pay to the said contractor the balance due as set out above. 370 Item 6b, cont'd. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays : None Item 7a d/or Junkyard Commission Minutes of the meeting of the Motor Vehicle Salvage an held May 26, 1982, were received. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays : None - - - - - - - - - - Item 4a Frank Medanich, First Southwest Company, presented a proposed resolution directing publication of a notice of intention to issue water and sewer revenue bonds in the amount of $950,000. He explained the publication requirements. Although he could not be certain, Mr. Medanich felt that bids could come in under 12 percent at this time. Alderman Wilson asked what the City's bonding capacity is? Mr. Medanich stated that it is determined by the net revenue of the city. The 1981 net revenue covers that debt more than four times, and we have a tremendous latitude in general obligation bonds. The City has a large capacity that can be utilized if they so desire. RESOLUTION NO. '104-82 RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $950,000. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas , deems it necessary and advisable that the bonds hereinafter described be authorized, issued, sold, and delivered. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The foregoing notice shall be published in a newspaper published in, and having general circulation in, the City of Wichita Falls3 Texas, on the same day of each of two consecutive weeks, with the date of the first publication to be at least two weeks prior to the date upon which the Board of Aldermen intends to pass the Ordinance described in the following notice: "NOTICE OF INTENTION TO ISSUE CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $950,000. Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes , that the Board of Aldermen of the City of Wichita Falls, Texas, intends to pass, at a Regular Meeting to be held at 7:00 P.M. , on July 20, 1982, at the City Hall , an Ordinance authorizing the issuance, sale, and delivery of an issue of negotiable coupon bonds to be designated as ,City of Wichita Falls Water and Sewer Revenue Bonds , Series 1982" , in the maximum principal amount of $950,000, to be payable from and secured by an irrevocable first lien on and pledge of the Net Revenues of the City's Waterworks and Sewer System, all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics , as will be provided in the aforesaid Ordinance. Said bonds will be authorized, issued, sold, and delivered pursuant to Articles 1111b, 1112, 1113, and 1114, Vernon's Annotated Texas Civil Statutes , and other applicable laws, for the purpose of providing money for improvements and extensions of the combined Waterworks and Sewer System of the City of Wichita Falls . CITY OF WICHITA FALLS, TEXAS" 371 Item 4a, cont'd. Moved by Alderman Morris that Resolution No. 104-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, Nays: None and Boston - - - - - - - - - - Item 8a A proposed appropriation ordinance was presented transferring $79,000 from the Community Development Block Grant program income from the sale of Block 240, Original Townsite, for construction of the Kiva Inn. These funds will be used to acquire the property for Phase II of the Wichita River Greenbelt project. A motion was made by Alderman Russell , and seconded by Alderman Morris, that this ordinance be passed. Alderman Shearman stated that with the flooding problems in Wichita Falls, with all its heartaches and problems, especially on May 12, 1982, he cannot and will not vote in favor of the start of this project until we get our flood problems solved in the city. Bill Hursh, Director of Parks and Recreation, stated that the first phase of the Wichita River Greenbelt indicates the development of Lucy Park. The second phase covers an area from Third Street to the river bounded on the East by Bluff, and on the West by Broad. It will address property acquisition and relocation of property owners. The area will be cleaned of trash and debris. There is a great interest in major commercial development in this area. It involves the construction of part of river drive, with picnic facilities. A hike and bike trail is proposed. A map was shown of the type of improvements proposed for this area. Alderman Shearman asked if it lies due north of the Kiva Inn, and who would benefit from it? Mr. Hursh stated that he feels all citizens would benefit. Alderman Shearman stated that his Dad always told him that you don't go out and bu a new car if the kids need new shoes. y It was noted that the building construction is not in the 100-year flood plain, but the park is in the flood area. Mayor Cook stated that a lot of questions are unanswered at this time because of the recent flood, and our commitments are now in alleviating the problems associated with the flood. Mr. Hursh stated that he knew of no flooding in this particular area last month. Ernest Lillard, Director of Public Works, noted that after you get on the high bank, the area is no longer subject to the 100-year flood plain. The whole downtown is in the 500-year flood plain. Alderman Russell stated that it is important to remember that this is not the first stage in the development of this project. It was begun three or four years ago. The river master plan was first started in 1912 as a dream of many. In spite of the disasters in our city in the last three years, she stated that she hopes we have the strength, flexibility, and diversity to go ahead into Phase Two of the Greenbelt project. She believes this to be a service for the community. Mayor Cook noted that the purpose of this ordinance was only to transfer funds to the Phase Two project at the present time. Alderman Wilson stated that even though it was a dream of many, the realities of today should take precedence over many of these things. Right now we are trying to find out what our priorities are. Until we can make a reasonable determination, the Greenbelt project should be a low priority item, and we should table it. Moved by Alderman Wilson that the appropriation ordinance for the Greenbelt project be tabled. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Wilson, Morris, and Boston Nays: Alderman Russell - - - - - - - - - - 372 Item 8b A Proposed ordinance was presented waiving certain ordinances concerning city enforcement of deed restrictions on Lot 6, Block 1 , Kemp-Fair Park Addition. ORDINANCE NO. 64-82 ORDINANCE WAIVING ORDINANCES 3457, 3647, 3648 AND 3699 AS TO ONE TRACT OF LAND. Moved by Alderman Shearman that Ordinance No. 64-82 be passed. Motion seconded by Alderman Morris. Director of Planning Roger McKinney stated that they made an on-site inspection at this location. On the basis of this inspection, it did not seem that this request would be incompatible with the uses now in existence at this location. Mayor Cook asked if he had received any comments from anyone in the area? Mr. McKinney stated that he had had none. Alderman Morris asked would it not be courteous to notify the neighbors in the area? A notice in the paper would be better than nothing. Alderman Shearman asked if notices had not been mailed out to citizens of change in deed restrictions? Mr. McKinney stated that they had when replatting was necessary. There is only one residence on Buchanan in this area. The remainder are commercial . There are several west of this area. The City Manager felt that notification was a good idea, and they would come back to the Council later with an ordinance. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris , and Boston Nays: None - - - - - - - - - - Item 9a A proposed resolutionwas presented authorizing execution of an application and contracts for a technical studies grant under Section 8 of the Urban Mass Transpor- tation Act. RESOLUTION NO. 105-82 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION AND EXECUTE CONTRACTUAL AGREEMENTS AND OTHER DOCUMENTATION REQUIRED TO EFFECTUATE THE CONTRACT WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and, WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 373 Item 9a, cont'd. SECTION 1. The City Manager is authorized to execute and file an application and execute tractual agreements on behalf of the city of Wichita Falls with the U.S. Department of Transportation, to aid in the financing of Section 8 Technical Studies Grant, Federal Catalog Number 20.505. SECTION 2. The City Manager is authorized to execute and file with such appliZ-ation an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Righ I ts Act of 1964. SECTION 3. The City Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application or the project. Moved by Alderman Boston that Resolution No. 105-82 be passed. Motion seconded by Alderman .Russell . Mayor Cook asked if the population of 113,000 includes Sheppard Air Force Base? Roger McKinney, Director of Planning, stated that it includes a larger area than that. Pleasant Valley is also included. The motion was carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris , and Boston Nays: None - - - - - - - - - - Item 9b A proposed resolution was presented authorizing acquisition of property for the Wichita River Greenbelt project. Moved by Alderman Shearman that this project be tabled. Motion seconded by Alderman Wilson, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Wilson, Morris , and Boston Nays: Alderman Russell - - - - - - - - - - Item 10a The Development Company of America has petitioned the City of Wichita Falls to annex a tract of land located in Arrowhead Industrial District, Unit 1, on Randy Drive. RESOLUTION NO. 106-82 A RESOLUTION CALLING PUBLIC HEARINGS ON AN ANNEXATION PROCEEDING. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Public hearings shall be held on the 6th day of July, 1982 in the City Council Chambers in Memorial Auditorium in Wichita Falls, Texas at 8:30 A.M. and on the 13th day of July, 1982 at 210 Randy Drive, Wichita Falls, Texas at 2:00 P.M. , at which time all interested persons will be given an opportunity to be heard concerning the intention of the Board of Aldermen to institute annexation proceedings, annexing the following described land: A tract of land located in the M. Carbajal Survey, Abstract No. 44, Wichita County, Texas, as shown in the attached plat. SECTION 2. The City Clerk is directed to give public notice of such hearings by publishig notices thereof one (1) time for each notice in a newspaper having general circulation in the city and in the territory to be annexed not more than twenty (20) days nor less than ten (10) days prior to the meeting. Moved by Alderman Shearman that Resolution No. 106-82 be passed. Motion seconded by Alderman Russell . 374 Item 10a, cont'd. Director of Planning Roger McKinney explained the request of the Development Company of America. Two public hearings will be held, then the ordinance may be introduced, and later adopted. The first public hearing will be held oil July 6, and the second on July 13. One public hearing is required to be held in the area to be annexed. He suggested that the Council hold the first hearing at the regular meeting on July 6, and that the Planning Director conduct the public hearing at 210 Randy Drive on July 13. Alderman Wilson asked how much property is in Arrowhead Industrial District which is not in the city limits? Mr. McKinney stated that there are several acres. Most of the property is not platted. He also asked if the hearings before the Planning Board would be less costly, and would other businesses in the area not be benefited? Mr. McKinney noted that they would be. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 10b John Adams, 5105 Lakeshore Drive, stated that Lake Wichita Spillway has been blocked since 1978. The manager of the Texas Department of Water Resources has made an inspection of this , and appraisers are assessing the damages. When you block a spillway, you are damaging the only thing we have to protect our dam. When you block it with dirt, you raise the spillway level . He stated that he wants to bring this to the Council 's attention. Alderman Wilson asked why this dirt was moved in there the way it is? There is an unbelievable amount of blockage. Joe Smith, Director of Public Utilities, stated that there is a spot on the South side that they moved in dirt after this flood. They have not done anything about the West side. It was noted that on the West end there are 80 feet blocked by four feet of dirt. On the South side of the bridge, reeds are 40-50 feet high. There is no wonder that nothing can get through there. Alderman Wilson asked when was the last time it was cleaned? Mr. Smith stated in 1979. Alderman Wilson also asked Mr. Smith if it is his job to keep the spillway clean? Mr. Smith responded by stating that it fell under his jurisdiction. Mayor Cook stated that they would definitely go out and look at it. Perhaps Mr. Adams would like to meet them out there. He stated that the Task Force would be meeting in Room 500 on Thursday night, and suggested that Mr. Adams bring the information to them. Floyd Killen, 3911 Circle Drive, stated that they have had a drainage problem on this street for at least fifteen years. Fifteen hundred dollars were spent for an engineering study. He stated that he had 5-6 inches of water in his house in the last flood. He has talked to the Engineering Department several times since the flood. They said there was no easement. He found at the Court House that the records show there is a ten-foot easement. He talked with a man named "Quincy" , who stated that he would look at it. Mr. Killen also stated that he had a problem getting some plumbing work done. He was told that the plumber would have to be working for a master plumber. A plumbing permit was denied. He stated that he could do the plumbing himself, but was told that his house is not his homestead. He did not want to pay $50.00 an hour to a master plumber when he could get the one he had for $12.00 an hour. Alderman Morris explained that it is a state law which he is addressing. It states that a master plumber is the only one who can take out a permit. Ernest Lillard, Director of Public Works, stated that if you rent the house, you cannot do the work. You can only do it where you live. Mayor Cook asked Mr. Killen to discuss this with Mr. Bach. The Mayor also noted that they may want to put the flooding problem in the records of the Task Force meeting on Thursday night. They will get him information on the homestead and master plumbing requirements. Mr. Killen stated that he knows of two residences in his area affected by the flood waters. 375 item 10b, cont'd. Alan Williams, 4429 McNiel , stated that he had just finished pushing water out of his garage. He almost got water in his house tonight for the third time recently. He stated that water collects at McNiel and McGaha. There was not a problem there before the flood. The drainage ditch was not full , but water was backed up 4-5 blocks. They receive the runoff from several areas around there. Don Campbell , 4522 Barbados, stated that he was also flooded, and would like some priorities set. He feels it is time the Council and City Manager analyzed their priorities. He stated that there is such a thing as job accountability. He feels very frustrated when he calls a city department, and is talked to like he is the employee, and gets cut off. He mentioned the pump problem in Colonial Park. When Gene Stephens had the responsibility of the pumps, he could call him and they would be working in minutes. Now it takes several hours from the City. Holliday Creek is the problem, and not the greenbelt and trash pick-up. Mr. Campbell stated that he feels it is time to take a look at some of the people running our departments. Mayor Cook assured Mr. Campbell that this is being done. Dale Stout, 2306 Yale, appeared for his grandmother, Cheryl Stack, at 1607 30th. He stated that he feels it is sad for the money to be spent on the greenbelt. Water was curb-to-curb on Holliday Street tonight. He feels the greenbelt should be brought to the people for a vote. Mayor Cook stated that one of the things that has to be looked at is that some money can only be spent for certain purposes, depending on the project and funds. Some funds can be spent in parks that cannot be spent for flood control . Alderman Wilson explained to Mr. Stout that just because you read in the paper that some items are on the agenda does not mean that the Council approves of all of them. Orville Graham, 2610 Lawrence Road, stated that we cannot drive on half of our streets. A great majority of our streets are mud. He stated that the activities center was built, which we voted down. There are weeds on Kell , etc. He suggested that we drop some of these projects, and get our streets cleaned up. These problems have been here all the time. He stated that he is impressed with what he has seen with Mayor Cook. Mayor Cook again encouraged these people to appear at the Task Force meeting on Thursday night. - - - - - - - - - - Alderman Shearman stated that several complaintshad been registered concerning ambulance service in Wichita Falls. He read a portion of a letter from the Director of Nurses of a nursing home in Wichita Falls, in which it was stated that Plumlee Ambula,nce could not come after they were called for as much as two hours. He asked for a report on this, and the rates charged for going and coming from the hospital . - - - - - - - - - - The Board of Alderman adjourned at 8:20 P.M. PASSED AND APPROVED this day of 1982. ry Co-ok, Mayor ATTEST: Wilma J. Thomat, City Clerk