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Min 07/05/1995 930 Wichita Falls,Texas Memorial Auditorium Building July 5, 1995 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8: 30 o'clock a.m. , with the following members present: Michael Lam - Mayor Dan Shine - Councilors Angus Thompson - Bill Daniel J. W. Martin Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Don Johnston - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. Jack Dial, Evangel Temple Assembly of God. Item 3a Darla Bowers, Engineering Department, was honored as Employee of the Month for July. Mayor Lam presented her with a plaque, City of Wichita Falls pin, a check, bus tickets, and tickets to a theatre and dinner. Item 4 Moved by Councilor Thompson that the minutes of June 20 , 1995 meeting be approved. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Councilor Hawkins requested that Item 8b be brought down from the consent agenda. Item 5a-8c Moved by Councilor Hawkins that the consent agenda be approved with the deletion of Item 8b. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 931 Item 5a RESOLUTION NO. 95-95 RESOLUTION TO APPROVE TENTH AMENDMENT TO WATER PURCHASE CONTRACT FOR THE TOWN OF PLEASANT VALLEY Item 5b RESOLUTION NO. 96-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5c RESOLUTION NO. 97-95 RESOLUTION NAMING POLLING PLACES AND OFFICIALS FOR THE SPECIAL CITY ELECTION ON AUGUST 12, 1995 Item 6a RESOLUTION NO. 98-95 RESOLUTION TO AWARD BID FOR ESTIMATED ANNUAL REQUIREMENTS OF READY MIX CONCRETE AND FLOWABLE FILL Item 7a RESOLUTION NO. 99-95 RESOLUTION TO ACCEPT PROJECT TO INSTALL 12" SANITARY SEWER ON KELL AT ARTHUR AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Item 8a and 8c Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning Commission June 14, 1995 c. Wichita Falls/Wichita County Public Health Board, April 28, 1995 Item 8b Moved by Councilor Martin to receive the minutes of the Employee Benefits Trust for June 19, 1995. Motion seconded by Councilor Daniel. Councilor Hawkins wanted to know how many claims the City had which exceeded $150,000. Mrs. Stricklin replied that there had been one claim which has gone over $150,000. Councilor Hawkins also wanted to know what it had cost the City to raise the stop-loss limit from $125,000 to $150,000. Mrs. Stricklin informed that it had saved the City approximately $20, 000 over what it cost us. He requested that information be provided to him. Councilor Hawkins wanted to know if the skin lesion testing had been done basically in the same manner as the eye testing. Mrs. Stricklin replied that the skin lesion testing was done by the P.A. and doctors in the clinic. She mentioned that this was not being paid out of the Trust Fund. He wanted to know what the approximate savings were in the prostate cancer screening and mammography. Mrs. Stricklin replied that the cost to the Employee Benefit Trust for a mammography screening would be approximately $100, however, with the service it costs $40. There were approximately 200 persons utilizing that service. 932 Item 8b, cont'd. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9a ORDINANCE NO. 67-95 ORDINANCE OF THE CITY OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPROPRIATING $30,000 IN FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE EMERGENCY MANAGEMENT ASSISTANCE PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 67-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins. Nays: None Item 9b A proposed ordinance was presented amending Chapter 31 of the Code of Ordinances which regulates vehicles for hire. Moved by Councilor Martin that the proposed ordinance be passed. Motion seconded by Councilor Hawkins. Scott Brewer, Presidential Limousine, 2809 Old Jacksboro Hwy. , handed copies of ordinances from other cities to the Council. He stated that these cities, Lubbock, Waco, Denton, Tyler, and McKinney, allow for provisions of limousine service at their airports without having a pre-arranged basis, and that is what Presidential is trying to do. They would like to provide service to the citizens, to business travelers, and people who come into our City. They would like to have limousine service ready and available to them strictly for the airport on a non- prearranged basis. Municipal Airport is a large airport considering the number of flights that it handles per day, which is fifteen flights to and from D.F.W. Mr. Brewer said they were trying to provide adequate transportation to our citizens, and would like to offer them a choice of either taxi service or limousine service from the Airport to their final destination within our City. He also mentioned that there is no conflict with the taxi service because of the different type of vehicles and the price cost. Mayor stated that the main concern was that the taxi cab service was regulated and the amount of people who provide taxi service was limited. He was concerned that allowing a limousine service to sit in front of the airport would be close to becoming a taxi cab even though the limousine would have higher rates. Waco does show some distinction between limousine service and normal cab service. We have to work out some distinction with the fare setting and not allowing another competing cab company. Councilor Hawkins commented that if they want to be an airport limousine service, lease space at the airport and maintain a counter out there to meet every arrival, they can come back to the Council with that. I am against them 933 Item 9b, cont'd. maintaining their present service and the City reserving a spot at the airport for them. Mr. Brewer stated that there would be a definite difference in their pricing. They would like to provide service from the airport to their final destination. Whether it is a fifteen or twenty minute destination, based on a two person occupancy, there is an initial $25 charge plus $5 per additional person into the vehicle. This price will differ greatly from the prices the cabs offer. Councilor Martin said that as long as they are charging the limousine rates, he has no problem with them having a limousine at the airport the same as a taxi. He did however have a concern with the vehicles age requirement. Moved by Councilor Martin to amend the proposed ordinance by changing the dates in paragraphs (c) from 1996 to 1997 and (d) from 1997 to 1998. By extending this it would prevent hardships. Motion seconded by Councilor Shine. Councilor Hawkins suggested leaving it as is and adding the wording "for any new taxi cab placed in service" . This would result in those vehicles which are in service covered by the old rule and the new ones coming on line would have to meet the new requirements. Claudio Ramirez, 2013 Elizabeth, with All American Cab, was concerned that special treatment would be given in allowing limousine service at the airport. Mayor stated that the discussion now was on the age of vehicles. Mr. J.R. Ramirez said that this ordinance would leave them with only four vehicles out of fourteen now being operated. Alfred Tucker, AAA Falls Cab Company, 4205 N.W. Freeway, commented that he would want to have three years on a taxi cab disallowing the age of the vehicle. With the present proposal all his fleet would be affected by it. He requested that they be given the three year expectancy on their vehicles and still leaving the eight year age requirement. Mr. Dockery clarified that no vehicle older than eight years is what is allowed in the new ordinance. Willie Compton, 1701 Pearlie, independent operator, was concerned that his vehicle did not receive the wear and tear like the other cabs because of his part-time situation. He asked that the independents be given a different consideration. Glen Tucker, 1316 Britain, independent operator, was concerned with the affect the new ordinance would have on them in regards to cost to them. He also wanted to be allowed to run a cab for three years even if it is a 1986 model. Jody Wade, Presidential Limousine, suggested increasing the cab rates in relation to changing the quality of vehicles in our taxi cab service. James Fields, 1300 Bell, said that he was opposed to a rate increase because their service would not survive because their clientele could not afford it. Councilor Shine suggested that this be tabled in view of the two different issues being discussed, the limousine service and the vehicle age requirement. Councilor Martin withdrew his motion to amend the ordinance. There was additional discussion on the age of vehicles and what would be best for all concerned. 934 Item 9b, cont 'd. Moved by Councilor Daniel that section (c) be revised to include a grandfather clause to allow existing vehicles a ten year life; grandfather existing vehicles. City Attorney suggested tabling this ordinance since there have be so many different suggested changes in order to re-draft it. Moved by Councilor Shine to table this proposed ordinance. Motion seconded by Councilor Daniel. City Attorney clarified Council ' s instructions for the revision of the ordinance. Section (d) would be changed from 48 months to 60 months, and language would be added which would grandfather the existing taxi fleet but not grandfather them from the ten year vehicle age requirement. Any additional vehicles would have to comply with the new ordinance. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Regarding parking limousines at the airport, Presidential Limousine Service is to present a fare structure which is not in competition with the taxi cabs. Item 9c ORDINANCE NO. 68-95 ORDINANCE REZONING LOTS 10, 11, 12, & 13, BLOCK 21, HILLCREST ADDITION FROM RESIDENTIAL MIXED USE TO GENERAL COMMERCIAL (CASE R 95-12) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 68-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9d ORDINANCE NO. 69-95 ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES BY ESTABLISHING A CONDITIONED ZONING PROVISION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 69-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 935 Item 9e ORDINANCE NO. 70-95 ORDINANCE REZONING 2022 MAURINE STREET, LOT 8, BLOCK F, RAY MASSIE SUBDIVISION FROM MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL (CASE R 95-10) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Daniel that Ordinance No. 70-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9f ORDINANCE NO. 71-95 ORDINANCE REZONING LOTS 1 & 2, BLOCK 1, GREENTREE SUBDIVISION ( 5600 AND 5620 BURKBURNETT ROAD) FROM SINGLE FAMILY TO GENERAL COMMERCIAL (R 95-11 ) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 71-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9g ORDINANCE NO. 72-95 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE NORTH SIDE OF RATHGEBER ROAD ADJACENT TO THE SOUTH LINE OF BLOCK 1, LOT 1, CRESTVIEW ADDITION AND THE SOUTHEAST SIDE OF STATE HWY. 79 ADJACENT TO THE NORTHWEST LINE OF BLOCK 1, LOT 1, CRESTVIEW ADDITION Moved by Councilor Daniel that Ordinance No. 72-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9h ORDINANCE NO. 73-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF RATHGEBER ROAD, ADJACENT TO THE SOUTH LINE OF BLOCK 1, LOT 1 , CRESTVIEW ADDITION AND THE SOUTHEAST SIDE OF STATE HWY. 79 ADJACENT TO THE NORTHWEST LINE OF BLOCK 1, LOT 1, CRESTVIEW ADDITION 936 Item 9h, cont 'd. Moved by Councilor Martin that Ordinance No. 73-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9i ORDINANCE NO. 74-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 7, ARTICLE III CONCERNING DANGEROUS BUILDINGS OR STRUCTURES AT SECTIONS 7-25; 7-28; 7-29; AND 7-31 OF THE CODE OF ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING A REPEALER CLAUSE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 74-95 be passed. Motion seconded by Mayor Lam. Mr. Dave Clark informed that the principle changes would bring the City ordinances regarding dangerous structures more into compliance with what is current State law. There are two primary changes and one is the notification process, which while the City would continue to do the notification, the ordinance would not require it. The second change in order to comply with State law deals with the public hearings if the property owner wants to protest, they would have to come before City Council with plans for rehabilitation and proof of financing. Under those conditions the Council would have the discretion to give them a length of time to improve the building. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Daniel, and Martin Nays: Councilors Thompson and Hawkins Item 10a RESOLUTION NO. 100-95 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT .WITH ELECTRA CONSTRUCTION COMPANY, INC. FOR MANAGEMENT SERVICES ON PHASE I OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER. Moved by Councilor Thompson that Resolution No. 100-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 937 Item lOb RESOLUTION NO. 101-95 RESOLUTION ACCEPTING THE GENERAL CONSTRUCTION OF THE AGRICULTURAL COMPLEX OF THE MULTI-PURPOSE EVENTS CENTER PROJECT BY BUCHANAN CONSTRUCTION COMPANY AS COMPLETE Moved by Councilor Shine that Resolution No. 101-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10c RESOLUTION NO. 102-95 RESOLUTION ACCEPTING THE LIVESTOCK MANAGEMENT SYSTEM CONTRACT OF THE AGRICULTURAL COMPLEX OF THE MULTI- PURPOSE EVENTS CENTER PROJECT WITH W. W. MANUFACTURING COMPANY, INC. AS COMPLETE Moved by Councilor Thompson that Resolution No. 102-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item lOd RESOLUTION NO. 103-95 RESOLUTION ACCEPTING THE FOOD SERVICE EQUIPMENT CONTRACT AT THE AGRICULTURAL COMPLEX OF THE MULTI- PURPOSE EVENTS CENTER WITH WICHITA RESTAURANT SUPPLY, INC. AS COMPLETE Moved by Councilor Martin that Resolution No. 103-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None m Item 10e RESOLUTION NO. 104-95 RESOLUTION ACCEPTING THE NORTH SITE GRADING AND PARKING PROJECT OF THE MULTI-PURPOSE EVENTS CENTER PROJECT BY ELECTRA CONSTRUCTION COMPANY, INC. AS COMPLETE Moved by Councilor Martin that Resolution No. 104-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. 938 Item 10e, cont'd. Ayes: Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item lla Two bids were opened by the Mayor for oil and gas leases at Lake Arrowhead and Lake Kickapoo. Bids were received from David Little for Lake Arrowhead property and Larry Godwin for Lake Kickapoo property. Staff will analyze bids and report back to Council at the next meeting. Item llb Larry Godwin wanted to clarify what Council was doing with the leases just opened. Staff will review the leases and make additions to them and report at the next Council meeting. He wanted to know if he would have input in the additions. Mr. Godwin was instructed to call Mr. Sullivan in the Legal Department for input. Sarami Jones, 303 Polk, publishes The Weekly News magazine in the Wichita Falls area. He was concerned with the method used to choose advertising and the fair enterprise system. The City uses the Times Record News for advertising because it has the largest circulation and serves a greater need of the community. Mr. Jones stated that the City was stagnating the growth of his business by not allowing him an opportunity to advertise for the City. He disagreed with the method of advertising by the City. City Attorney commented that in order for the City to advertise for bids it had to be a paper of general circulation, and there is only one paper of general circulation in the community. Councilor Thompson suggested that additional advertising be utilized when the situation called for it. Neil Parkey, representing commercial bingo halls in Wichita Falls, requested that the bingo halls be exempt from the smoking ordinance. He gave the following reasons for the exemption. They do not allow anyone under the age of 18, 850 of their patrons smoke, and City receives about $40,000 per quarter from the bingo rental receipts tax. There was discussion pro and con on amendments to the smoking ordinance. Mayor suggested that Mr. Parkey meet with him and the individual Councilors to discuss this issue. City Attorney mentioned the July 7 deadline to meet structural requirements for places which were going to designate a separate smoking area. He suggested that those businesses which had started construction and were making substantial progress that Staff work administratively with them instead of closing them down on July 7. The Council agreed. Item llc City Council members did not have any items to present at this meeting. City Council recessed at 10: 30 a.m. and reconvened at 10:45 a.m. Item lld City Manager informed that Mr. John Dorsey would make a presentation on the computer study. Mr. Dockery introduced Mr. John Dorsey, Computer Consultant, who has conducted a management information systems plan for the City. He will present an 939 Item 11d, cont'd. overview of his findings and the recommended strategies needed to stay up to date with the industry standards. Mr. Dorsey presented the results of the information systems study. The project scope and approach consisted of meeting with the city computer steering committee and obtained some direction from them. The various elements of the study included review of present computer operations, organization of staffing and computer resources, review of each of the city departments with respect to information systems. Particular emphasis was placed on the Finance Department with additional emphasis on the Police Department and Fire status and computer requirements. They also became involved with the technical requirements such as networking options, office automation, and workstation planning. A needs prioritization meeting was conducted with the department heads and a requirements list was put together for hardware software, communications and staffing with respect to information systems. From there the strategic plan was prepared, which is being delivered today. In regard to the general findings from the study, the present staff are exerting a yeoman efforts in accomplishing their tasks because of cutbacks in recent years and because of deficient automation support capabilities at the present time. Data processing staff are very experienced and capable. The city has a reliance on custom software without adequate data processing staff. Custom development is not the desirable thing to do because of packaged software available. There is a lack of uniformity of hardware and software. Training will have to be raised to a new level to accommodate newer products. There is a need for new software and hardware and infrastructure. Mr. Dorsey addressed the concerns in the Finance Department concerning information systems. Next, public safety issues and needs were identified. The Data Processing budget information indicated no substantial investment for hardware and software at the present time. Personnel expenditures are about one third of what comparable cities are spending for data processing staffing. There were 52 projects listed on the project ranking results list. The first ten are finance related projects. Mayor asked if any consideration was given to having the records available to the citizens through computer. Mr. Dorsey replied that item number 37 "Public Information Utility" was one of the priority items discussed. The biggest handicap is that the City needed to build its own infrastructure so the information was readily available before you could go to the next step in a convenient manner. The new technological direction includes open systems architecture, structured cabling system, uniform office automation software, standard vendor application software packages, client service architecture. Also included are industry-standard operating system, comprehensive network management tools and expanded city-wide networking. Mr. Dorsey outlined the information systems project plan and time frames involved. With respect to cost, the City is presently spending about $ . 75 million for information systems, and they recommend doubling the expenditures to support this plan. He went over the implementation tasks, and lastly addressed additional recommendations such as new City computer policies and procedures, restrictions to future purchases and maintenance. They also recommended continuation of the steering committee to assist in supporting data processing. In addition, he suggested consideration of a public information utility for making information more widely available to the citizens. City Manager commented that, in addition to what is currently funded, Staff would be asking Council in the future to fund the implementation, maintenance, and support of this project. 940 Item lld, cont'd. Regarding the conversion process, Mr. Dorsey stated that substantially all present information in the computer would be kept and converted via new written programs. Mayor expressed appreciation to Mr. Dorsey for the presentation. The City Council adjourned at 11: 20 a.m. PASSED AND APPROVED this day of L , 1995. Michael Lam, Mayor ATTEST: Lydi �lerk Torres City