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