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Min 03/02/1976105 Wichita Falls, Texas Memorial Auditorium Building March 2, 1976 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 8:30 o'clock A.M. , with the following members present: J. C. Boyd, Jr. Mayor Hardy McAlister X Dr. Guillermo Garcia X Bill E. Gowan X Aldermen Joe N. Prothro X Lonny Morrison X Peggy McCullough X Gerald Fox City Manager H.P. Hodge, Jr. City Attorney Wilma J. Thomas Deputy City Clerk The invocation was given by Earle W. Crawford, Minister of First Presbyterian Church. Item 3 Moved by Alderwoman McCullough that minutes of the meeting held February 17, 1976, be approved. Motion seconded by Alderman McAlister, and carried unanimously. Item 4a Steve Ondrejas presented a report on neighborhood facility request by Rosewood Neighborhood Groups 1 and 2. Representatives for these groups were not in the audience at this time, but later appeared, and discussion was had as follows. Three options were presented for consideration. W. 0. Everett, Minister of Pilgrim Rest Baptist Church, stated that they are interested in Option No. 2, which is to build one primary neighborhood facility, and develop a second small satellite facility. They are willing to work with Group No. 1 as much as possible, but they have elderly persons, and this second smaller building is necessary. Otis Polk also spoke in favor of Option No. 2. He requested $5 ,000 to operate between now and July. This would be used for a director's salary. They have the use of a temporary location, in which they hope to develop types of activities which might be conducted in these facilities. He also requested help in the budget for the second center. The City Manager stated that the staff would support their request to employ a director five months sooner than originally planned. On the issue of the satellite center, the possibility of fragmentation of services should be considered. Also, Coummnity Development funds cannot be used to support this center. General Revenue Sharing funds expire on.December 31, 1976. To provid4 support for rental, office expense, telephone, and travel on a five-year basis would be inappropriate at this time. Moved by Alderwoman McCullough that $5,000 be allocated from Community Development contingency funds or general revenue sharing funds for a facility director. Motion seconded by Alderman Garcia, and carried unanimously. 106 Item 4b Discussion was held on the request for a redevelopment specialist position for the central business district. Stephen Ondrejas stated that he had met with Mr. Muehlberger and Mr. Jones, and they believe this position is needed for the next twelve to eighteen months. Mr. Clarence Muehlberger stated that they requested that a person be employed to further study their needs downtown in order to give them more information before continuing with the downtown program. They feel that an additional person in the Planning Department would be helpful to them in the continuation of the study of their project. Wayne McChessney, 4317 Berwick, appeared as president of the downtown association and as manager of Sears. He feels that a full-time person is needed to work on this project. City efforts can be coordinated through this office, but this person also needs to talk to individual property owners concerning their private commitments. He noted that a member of the city council and city staff would be included on the Midtown board. Alderman McAlister stated that it seems that the primary thrust has come from the city government up to this time, and he did not know what they are waiting for. Mr. Muehlberger stated they needed more information. Mr. McChessney stated that parking, safety, and beautification are areas which they need to work on right now. Alderman McAlister stated that he did not believe the City can do all that they want done. Alderman Morrison also expressed reservations about the City being able to employ a person in any way responsible to a private corporation. He stated that he would like to see the work continued by Midtown Now, and requesting the information from the City. The City Manager pointed out that someone has to do something with that information in order for it to be of value. Charles Harper appeared as chairman of the Planning Board. He stated that the property downtown owned by public bodies amounts to over 40 percent. A redevelopment specialist is needed to coordinate the activities between the City and Midtown Corporation. Mayor Boyd stated that he thought that we were working toward a coordinated effort, and that the purpose of the planning was to proceed along the lines of the previous urban renewal program. Alderman Prothro agreed that this project would be in the public interest. Otis Polk appeared in favor of the proposal, stating that they see businesses moving away from their homes. Alderman Gowan noted that the proposal is hazy at best. Alderman McAlister noted that if BCI had started out this way it would not be the organization which it is today. He does not believe that it is in the public interest to handle it in this way. Alderman Garcia feels that City government should help the citizens. It is important that the downtown area be revitalized for the benefit of our citizens. Moved by Alderman Prothro that a redevelopment specialist be employed for a period not to go beyond July 1, 1977, at a salary range of 40, or $9,000, and that the total budget not exceed $20,000 from revenue sharing funds; further, that on July 1, 1977, the Midtown Corporation will take over the financial arrangements, and that the Corporation provide specific plans on how they will operate, what they will provide to the City, and that they present a quarterly report on procedures to the Council. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Mayor Boyd, Aldermen Garcia, Gowan, Prothro, and McCullough. Nays : Aldermen McAlister & Morrison Item 4c A request was presented by Larry Lambert, Attorney for C.O. Morgan, to install a sign in a utility easement. 107 Item 4c, cont'd. ORDINANCE NO. 3064 ORDINANCE GRANTING AUTHORITY TO C.O. MORGAN TO CONSTRUCT A SIGN ON A UTILITY EASEMENT ON LOT 1 OF THE MORGAN SUBDIVISION Moved by Alderman Morrison that Ordinance No. 3064 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays : None Alderman McAlister stated that he is becoming increasingly more aware that the general public has gotten the idea that they cannot come before this body without having legal counsel to represent them. He does not know why this got started, but does not think it is necessary. Item 4d The proposed wrecker service ordinance was presented for discussion. Gary Southard, Perry Wesbrooks , and Allen Pomentary spoke to the issue. Following a lengthy discussion Alderman Gowan inquired of Mr. Pomentary how a person can get on the wrecker rotation list. He stated that the only way a person can get on the list is to purchase someone 's business. Alderman Boyd appointed Aldermen McAlister (Chairman) and Morrison to meet with the assistant City Attorney and interested parties to work out a compromise, and that this matter be placed on the agenda at the next council meeting. Kenneth Johnson appeared as attorney for Mr. Joe Hernandez, who owns a restaurant at 9th and Brook. Mr. Johnson stated that he cannot sell mexican food without beer, and presented petitions from six people who own residential property within 300 feet of this restaurant stating that they did not object to the sale of beer and wine in this restaurant. The City Attorney was instructed to prepare an ordinance amending the existing one that restrictions with respect to location be waiveable by property owners within the 300 feet area. Mr. Elvin Roberts , 805 Gerald Street, stated that he had been requested by the Health Department to move his hogs (46 in number) which are within the City limits. A city ordinance prohibits the keeping of hogs within the City limits. Mr. Ramon Delgado and James Williams also appeared. Mr. Delgado stated that he had complained about other hogs in the area of his home on River Road. Following other discussion, it was moved by Alderman Prothro that enforcement of the ordinance be delayed for 30 days, and any action be postponed until the next meeting. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 5a The public hearing was opened on hazardous structures. A. J. Teichman requested additional time on his property at 1631 Harding. Moved by Alderman Prothro that Mr. Teichman be given 30 days additional time. Motion seconded by Alderman McAlister, and carried unanimously. Mrs. Grace Odom also requested additional time to fix up her property at 1703 Morgan Lane. Moved by Alderman Morrison that she be given 30 additional days. Motion seconded by Alderman Garcia, and carried unanimously. 108 Item 5a, cont'd. ORDINANCE NO. 3065 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY Moved by Alderman Garcia that Ordinance No. 3065 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, & McCullough Nays : None ow Item 6a A proposed ordinance was presented prohibiting possession and/or consumption of alcoholic beverages in Williams Park. ORDINANCE NO. 3066 ORDINANCE AMENDING ORDINANCE NO. 3018, AS AMENDED, TO PROHIBIT POSSESSION AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN WILLIAMS PARK Moved by Alderman Garcia that Ordinance No. 3066 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, & McCullough Nays : None Item 7a In commeration of our bicentennial, the following resolution was presented. RESOLUTION NO. 1776 RESOLUTION WELCOMING THE AMERICAN FREEDOM TRAIN IN CELEBRATION OF THE AMERICAN REVOLUTION BICENTENNIAL WHEREAS , the American Freedom Train, the only national project endorsed by the American Revolution Bicentennial Administration, will be on display March 6th, 7th and 8th, 1976 in Wichita Falls at Sheppard Air Force Base, during which time approximately fifty thousand people are expected to visit such train; and, WHEREAS, the American Freedom Train carries over five hundred fifty original documents , artifacts and priceless memorabilia, loaned from over two hundred museums , associations and private collectors throughout the country, which reflect America's proud history; and, WHEREAS, we have entered upon our American Revolution Bicentennial Year, during which we should all recognize the glorious history of our great nation with its fundamental concepts of freedom, justice and equality; and, WHEREAS, the significant display contained in the American Freedom Train will make an important contribution to the celebration of the American Revolution Bicentennial, and will provide the only opportunity which the people will have to view an exhibition of this nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 109 Item 7a, cont'd. The American Freedom Train is hereby welcomed to the City of Wichita Falls, and the citizens of the City and of this entire area are urged to take advantage of this unique opportunity by visiting the train; further, we are all called upon to rededicate ourselves to the ideals of freedom, justice and equality which have made our nation so great, and to pledge that we will strengthen and perpetuate such great ideals for the benefit of our children and those who follow after us. Moved by Alderman McAlister that Resolution No. 1776 be passed. Motion seconded by Alderman Morrison and carried by the following vote: Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays : None Item 7b A proposed resolution was presented authorizing the City Manager to execute a contract for an update of the transit study. RESOLUTION NO. 1777 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE UNITED STATES OF AMERICA TO PROVIDE FOR THE UNDERTAKING OF AN URBAN MASS TRANSPORTATION TECHNICAL STUDY PROJECT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute for the City of Wichita Falls a contract with the United States of America to provide for the undertaking of an urban mass transportation technical study project with Federal Government financial assistance to the City of Wichita Falls in the form of a technical study grant, under Section 9 of the Urban Mass Transportation Act of 1964, as amended. Moved by Alderman McAlister that Resolution No. 1777 be passed. Motion seconded by Alderman Garcia and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, & McCullough Nays: None Item 7c A proposed resolution was presented approving purchase of entire lot on Kell right-of-way. RESOLUTION NO. 1778 RESOLUTION APPROVING PURCHASE OF REMAINDER OF PROPERTY ACQUIRED FOR KELL FREEWAY. WHEREAS , it is necessary to acquire the property hereinafter described for construction of the Kell Freeway, Project 52-280 under the 1967 Capital Improve- ments Program, and , WHEREAS, in Resolution No. 1736 passed and approved by the Board of Aldermen of the City of Wichita Falls on November 4, 1975, the appraised value of $8,850.00 was approved for the partial taking of 6,021 square feet of Lot 1, Block 8, Westside Addition of Highland Addition, and, WHEREAS , the appraised value for the whole taking of 7,500 square feet of Lot 1, Block 8, Westside Addition of Highland Addition is $9,000. and, 110 Item 7c, cont'd . WHEREAS, the owner of the 7,500 square feet of Lot 1, Block 8, Westside Addition of Highland Addition desires to sell the 6,021 square feet to the Texas State Highway Department for $8,850.00 and desires to sell the remainder, being 1,479 square feet of Lot 1, Block 8, Westside Addition of Highland Addition to the City of Wichita Falls for $150.00 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by Warranty Deed, 1,479 square feet of Lot 1, Block 8, Westside Addition of Highland Addition in the City of Wichita Falls. The City Manager is further authorized to sell, by negotiation with abutting property owners or by sealed bids, the remaining 1,479 square feet of Lot 1, Block 8 Westside Addition low of Highland Addition. Moved by Alderman McAlister that Resolution No. 1778 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, & McCullough Nays : None Item 8a i Bids were considered for sewer extension on East Side - Phase II. It was V recommended that the low bid be awarded to Bowles Construction Company in the amount of $224,694.18. RESOLUTION NO. 1779 RESOLUTION AWARDING CONTRACT TO BOWLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF SANITARY SEWER EXTENSION ON EAST SIDE - PHASE II. WHEREAS, the City of Wichita Falls has advertised for bids for construction of sanitary sewer extension on East Side - Phase II; and, WHEREAS, six bids were received, and it is found that Bowles Construction Company, who bid $224,694.18, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Said bid of Bowles Construction Company in the amount of $224,694.18 is hereby accepted and the City Manager is authorized to execute for the City of Wichita Falls a contract with Bowles Construction Company for the construction of such improvements. Moved by Alderwoman McCullough that Resolution No. 1779 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, & McCullough Nays : None aw Item 9a A proposed resolution was presented approving final estimate and change order for sewer mains and lift station adjacent to Expressway Village, Section 5. RESOLUTION NO. 1780 RESOLUTION APPROVING CHANGE ORDER AND FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF SANITARY SEWER FACILITIES TO SERVE EXPRESSWAY VILLAGE SUBDIVISION, AND APPROVING ENGINEER'S FINAL STATEMENT. 111 Item 9a, cont'd. WHEREAS, the City of Wichita Falls and Bowles Construction Company entered into a contract dated July 7th, 1975 , wherein the contractor, Bowles Construction Company, agreed to construct certain sanitary sewer facilities to serve Expressway Village; and, WHEREAS, the City agreed to pay the purchase price and installation costs of the lift station plus engineering fee of eight percent of the construction cost of the lift station; the balance due to the contractor, and the balance of the engineering fee, was to be paid by the developers, Expressway Development, Inc. and The Michael Lam Company; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, Change Order No. 1 and the final estimate have been submitted on this project, which final estimate shows a total amount of work done as $48,405.61, of which $40,238.79 has been paid to the contractor, leaving a balance of $8,166.82; and, WHEREAS, the City owes $2,120.40 of the balance due, Expressway Development, Inc. owes $2,862.22 of the balance due, and The Michael Lam Company owes $3,184.20 of the balance due; and, WHEREAS, the engineer 's final statement shows a total engineering fee of 3,832.45, of which $3,066.00 has been paid to the engineers, leaving a balance of $766.45 ; and, WHEREAS, the City owes $257.92 of the balance due, Expressway Development, Inc. owes $238.97 of the balance due, and the Michael Lam Company owes $269.56 of the balance due; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The construction of the sanitary sewer facilities to serve Expressway Village Subdivision is accepted by the City of Wichita Falls, Change Order No. 1 and the final estimate are approved, the final statement of the engineers is approved, and the City Manager is directed to pay to the said contractor and to Biggs & Mathews , Inc. , the engineers , the City's share of the amount due as shown above. Moved by Alderman Garcia that Resolution No. 1780 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, & McCullough Nays : None Item l0a Permission was requested to advertise for bids on radio maintenance contract for all city departments. Moved by Alderman Prothro that authority be granted to advertise for bids as requested. Motion seconded by Alderwoman McCullough, and carried unanimously. Item lOb Permission was requested to advertise for bids on fixed containers for the Sanitation Department. Moved by Alderwoman McCullough that authority be granted to advertise for bids as requested. Motion seconded by Alderman Garcia, and carried unanimously. 112 Item 11 Moved by Alderman Prothro that minutes of the meetings of the following boards and commissions be received. a. Park Board - February 24, 1976 b. Airport Advisory Board - February 24, 1976 c. Citizens Traffic Safety Council - February 11, 1976 d. Mayor's Commission on Status of Women - February 12, 1976 e. Board of Electrical Examiners - February 25, 1976 Motion seconded by Alderman Garcia, and carried unanimously. Item 12a A proposed resolution was presented opposing the request of Trans Regional Airlines to serve Wichita Falls. RESOLUTION NO. 1781 RESOLUTION OPPOSING THE APPLICATION BY TRANS REGIONAL AIRLINES BEFORE THE TEXAS AERONAUTICS COMMISSION FOR A TEXAS AIR CARRIER CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WHEREAS, Trans Regional Airlines has filed an application with the Texas Aeronautics Commission for a Texas Air Carrier Certificate of Public Convenience and Necessity, which application has been assigned Docket No. 76-3; and, WHEREAS, in such application Trans Regional Airlines requests authority to provide scheduled air service for passengers and cargo over six routes in Texas, two of which would include Wichita Falls; one such route would be service between Austin, Brownwood, Abilene and Wichita Falls; the other such route would be service between Wichita Falls and Lubbock; and, WHEREAS, the Aviation Advisory Board for the City of Wichita Falls has considered this matter, and has recommended that the Board of Aldermen oppose the application of Trans Regional Airlines, which recommendation has been concurred in by the City staff; and, WHEREAS, it appears to the Board of Aldermen that the public interest will best be served if such application by Trans Regional Airlines is denied for the reasons that there appears to be no necessity for the proposed service, there is no evidence showing that Trans Regional Airlines has the capability or the financial strength to provide this service, there is no adequate space in the Municipal Airport terminal building or air cargo building to accommodate another airline, and the granting of authority for service which is not necessary will dilute the market and possibly erode the level of service being offered by our present airlines ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The Board of Aldermen opposes the application of Trans Regional Airlines filed with the Texas Aeronautics Commission in Docket No. 76-3, and the City Manager is authorized to notify the Texas Aeronautics Commission of this action. Moved by Alderman Garcia that Resolution No. 1781 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, & McCullough Nays : None 113 Item 12b Mayor Boyd noted that certificates of appreciation were being presented to ex-members of boards and commissions. One such certificate was presented to W. E. Ryle. Mayor Boyd read a letter of resignation from Gerald Coles, City Clerk, who resigned effective March 12, 1976. Appointment of an interim City Clerk will be made at the next council meeting. Alderman Prothro mentioned the report from the auditor on the duties and responsibilities of the City Clerk and Finance Director. He desired to discuss this further with Jerry Tillery, and requested that the Council delegate this responsibility to he and Alderman Morrison in order that a recommendation can be made by the end of this week. Moved by Alderman Gowan that authority be granted as requested. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderman McAlister inquired into several items such as cost of city services, street overlay work in the 1800 block of Hayes, efficient utilization of city personnel, and the policy on use of city vehicles for personal use. Alderman Morrison inquired concerning the Martin and Avondale intersection. No complaints have been received concerning speeding or site clearance since the shrubs have been removed. 4 H.P. Hodge reported on speeding tickets issued on Loop 11. Alderman Morrison stated he would like to refund all fines paid by those under 55 MPH. Action should be taken at the next meeting. Moved by Alderman Prothro that the meeting be adjourned. Motion seconded by Alderman Morrison, and carried unanimously. The Board of Aldermen adjourned at 1:05 P.M. f PASSED AND APPROVED this /e( t day of 1976. 7/9(Mayor ATTEST: Deputy City Clerk