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Min 11/15/1994 717 Wichita Falls,Texas Memorial Auditorium Building November 15, 1994 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 Leon Mallonee - Councilors Terrance E. Loughry - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Mayor Lam. Officer Bill Henderson made a presentation to the City of Wichita Falls of a replica of the Officers Memorial which will be built in Austin in memory of officers who have lost their lives in the line of duty. He expressed his appreciation to the Council for their generosity and to the citizens of Wichita Falls for their donations. Item 3 Moved by Councilor Martin that the minutes of the November 1, 1994 meeting be approved. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam. Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None Items 4a-7b Mrs. Giola Ozuna asked that item 4a be brought down. Councilor Martin requested that Item 5e be brought down and Councilor Hawkins requested that Item 5g be brought down. Moved by Councilor Daniel that the Consent Agenda be approved with the deletion of Items 4a, 5e and 5g. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None 718 Item 4b RESOLUTION NO. 177-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A COMPROMISE SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF WICHITA FALLS AND DELLA MARIE PORTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 4c RESOLUTION NO. 178-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A RELEASE OF ALL CLAIMS AND ORDER OF DISMISSAL WITH PREJUDICE BY AND BETWEEN THE CITY OF WICHITA FALLS AND JUNE ROOKE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5a RESOLUTION NO. 179-94 RESOLUTION TO AWARD BIDS FOR ANNUAL SUPPLY OF POLYMER FOR WATER AND WASTEWATER TREATMENT PROCESSES Item 5b Bid for eight ( 8 ) , 1/2 ton pick-ups awarded to Herb Easley Chevrolet, in the amount of $108,620. 00. Item 5c Bid for one ( 1 ) , 1/2 ton cab and chassis awarded to Herb Easley Chevrolet, in the amount of $12,744. 95. Item 5d Bid for one ( 1) , 3/4 ton 4-wheel drive pick-up truck awarded to Herb Easley Chevrolet, in the amount of $17 , 253 . 85. Item 5f Bid for three ( 3 ) , 3/4 ton pick-ups awarded to Herb Easley Chevrolet, in the amount of $45,006 .96. Item 5h Bid for four (4 ) , four-door sedans awarded to Herb Easley Chevrolet, in the amount of $55,358.08. Item 5i Bid for two ( 2 ) , 1 ton cab and chassis awarded to Karl Klements Ford, in the amount of $31,840 . 00. Item 6a RESOLUTION NO. 180-94 RESOLUTION TO ACCEPT MPEC NORTH WATER RELOCATION PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Item 7 Minutes of the following boards and commissions were received. a. Plumbing and Mechanical Board of Adjustments and Appeals, September 23 , 1994 b. Wichita Falls Traffic Safety Commission, October 5, 1994 719 Item 4a RESOLUTION NO. 176-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES 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. Moved by Councilor Thompson that Resolution No. 176-94 be passed. Motion seconded by Councilor Hawkins. Mrs. Giola Ozuna wanted to know who had asked for the waiver because she did not want a builder to get funded to develop. City Manager explained the process and informed her that this waiver dealt with two City employees who qualify for housing assistance but because their employer is the City of Wichita Falls, the funding agent, a waiver is needed. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 5e Moved by Councilor Hawkins that bid for twenty-six (26) , police cars be awarded to Arendale Ford Sales, Inc. , in the amount of $411,381. 00. Motion seconded by Councilor Thompson. Mr. Paul Gibbons, representing Ron Roberts Ford, stated that Mr. Robert' s contention was that on the Arendale Ford bid there were some deletions of the bumper guards on the bid. If the bid was the same he would be the low bidder, and he requested that Council consider that. Mayor clarified that the bumper guards were a part of the specifications. Mr. Parker concurred. Mr. Parker informed that the bid package which Mr. Roberts submitted did not contain Page 8 on which the bumper guard option appeared. Therefore, we do not know if Mr. Robert' s actually bid the bumper guards because he did not turn in a full bid package. Mr. Parker explained that last year they changed a thing on all bid specs to say "approved equals" which are exceptions that are approved prior to bid opening date and date is specified. Two weeks before the bids were sent out Mr. Parker visited with the persons preparing the bids for Ron Roberts Ford and Herb Easley Chevrolet and explained the approved equals providing an opportunity for questions. Mr. Parker stated that none of the bidders requested approved equals. Mr Parker went over the bid opening process. After going over the bids he found that some people had taken some minor exceptions to the bids. After consulting with Legal, the bids were evaluated based on the same criteria because bid prices had already been announced. Based on the numbers, Arendale Ford was the low bidder. All bids were compared without bumper guards. Councilor Hawkins was concerned that possibly the bid specifications were not reasonable or obtainable. Mr. Parker stated that they were, and if a line item cannot be met, the bidder can make an exception, but no one requested approved equals. 720 Item 5e, cont'd. City Manager emphasized that these bids were met. We are not talking about incomplete bids, we are talking about some confusion as to whether one company bid bumper guards or not. The picture painted here is that everybody is out there bidding without specifications. The only variable is the bumper guard. Mr. Roberts received every benefit of the doubt and he is still not the low bid. This was a clear bid and no one asked for exceptions, but if you want to rebid it, that is your prerogative. Mayor Lam moved to reject all bids and rebid with specifications that are acceptable. Motion seconded by Councilor Hawkins. Councilor Martin stated that bids should be according to specifications and guidelines should be adhered to without deviation. Councilor Daniel wanted to know, since the specifications were accurate, what the basis for rebidding was. Mayor replied that, in his opinion, we had a bidder who met specifications and was second; and another bidder who did not meet specifications, and bid was adjusted to reflect the fact that those specifications were not desired. Specifications called for a bumper guard and that is the way it was bid. City Attorney' s legal opinion, as far as the award this morning, is that the recommendation to Arendale Ford is righteous; it complies with the law and is the lowest bid. However, Council has to make a policy decision of whether the process has been fair, and Council has the option to reject all bids. Councilor Hawkins said that when bids are received incomplete they should be rejected, and if there are exceptions inform the Council. Motion carried by the following vote Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, and Hawkins Nays: Councilors Daniel and Martin Item 5g Moved by Councilor Hawkins that bid for one ( 1) , 3/4 ton van be awarded to Herb Easley Chevrolet in the amount of $15 ,906. 88 Motion seconded by Councilor Thompson. Councilor Hawkins asked for a copy of this bid in order to discuss it with the City Manager. , Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8a A Public Hearing was held on Approving the Final Statement of Community Development Objectives and Proposed Use of Funds. Mr. Dave Clark informed that this hearing was to obtain public response to the reallocation of Community Development Block Grant Funds. This would provide partial funding as a 721 Item 8a, cont'd. match with the Jerusalem Development Corporation for a feasibility study on the Washington School building. This would determine the financial feasibility for submitting applications to revamp the facility and information with that regard to make that decision. Mr. Clark has received two letters of support for this. These funds will be utilized to hire a consultant to complete a feasibility study regarding the physical conditions of the property and the financial concerns in trying to package some type of housing for the elderly, principally. The amount of funds from CDBG is a maximum of $4, 000 and the Jerusalem Development Corporation would contribute up to $2, 000. Mayor opened the Public Hearing. William C. Young, 1018 Widows Lane, asked if this study could not be done in-house. Mr. Clark replied that this study would deal with financial areas with which we are not extremely familiar. We will be looking into the prospects of low income tax credit financing and assisted care of living finance, which are areas of expertise. Councilor Martin asked for the time table on the study. Mr Clark replied that it would be approximately two months. No one else wished to be heard. Mayor declared the Public Hearing closed. Item 8b A public hearing was held on hazardous structures. Mayor declared the public hearing open. Andy Lee, 3006 Speedway, has Shell Corporation which owns 616 7th Street. Mr. Lee informed that in 1984 Council passed an ordinance which provided that if an adjacent property or if a parting wall existed between two buildings and the adjacent property was demolished the remaining wall had to be worked on and salvaged by the property owner tearing down the property. The issue is the west wall of this property. The problem was that Building Inspection did not at that time enforce an existing ordinance. He asked for a six month extension to work on this property and consider several options. Mr. Lee informed that this building also has a parting wall on the east side. Councilor Hawkins paraphrased that if City takes over the property to tear the building down we will have to secure that wall between that building and the bail bond building. Mr. Lee concurred. Mr. King stated that their concern was the west wall; it is crumbling and is a hazard. The building could collapse. The owner was notified in 1992 and has had since then to do something with it. He had no problem with allowing Mr. Lee six months, but his concern was the deteriorated wall during those six months and the fact that it could collapse at any time. City Attorney stated that the City has some possible exposure because of the knowledge that the structure is dangerous and the fact that it could collapse at any time. Mayor recommended that Mr. Lee present a plan to Mr. King within two weeks suitable to protect the City with respect to that wall; keeping the City' s interest protected foremost. Judy Downing, Weatherford, Texas, spoke to 1806 loth Street. Mrs. Downing said that they had been unable to do anything because the property was in an estate. They are thinking about tearing the porch down but have not made a final decision on it. The property is locked and secure. Mr. King informed that the roof structure has collapsed and this was presented to Council in May, 1992. He said that if a building 722 Item 8b, cont'd. permit was obtained to repair the defective areas he would take it off the hazardous structure list. Mayor told Mrs. Downing that she needed to have a plan. Mrs. Downing said that they would take out a building permit and tear down the back porch. Mr. King stipulated that if they prepare a site plan and a plan of review and submit it to the Plans Analyst and get a permit processed, they would remove it from the demolition recommendation. Councilor Daniel stated that he was removing himself from any discussion or action on this item because he leases the adjacent property for his business. Mrs. Downing was allowed two weeks to process the paperwork . and apply for the permit and thirty days to take some form of action. Mr. King agreed, stating that the time frame would fall in line with the January schedule for public hearings and giving a thirty day notice advising property owner to appear at that hearing. Mary Jo Kraft, 1509 Austin, said that she had a financial problem and requested a 4 month extension. Mr. King said it was a rear apartment and was written up in February, 1994 and was in danger of collapsing. Mr. King informed that there were some demolition funds available through CDBG. Mrs. Kraft agreed that it needed to be torn down. Mayor asked Mrs. Kraft to contact Mr. King to arrange for funds to get the structure torn down. Stephanie Gallentine, 1609 Polk, said they have attempted to sell this property and had interested buyers, but because of the amount owed on an outstanding SBA loan have been unable to sell it. However, recently SBA told them they could sell it for less than the amount of the loan. She requested that they be allowed an extension in order to attempt to sell it. Mr. King informed that the structure could be salvaged but it would cost in excess of 50% of the market value today. It has been unsecured for a number of years. Mayor recommended that they be allowed a six month extension with the condition that the house be secured satisfactory to Mr. King. David Villa, 2182 Ave. L, said he has torn the structure he was requested to tear down, but would like to repair the portion that is left for storage. He is remodeling the front structure to move into by December, but needs a two or three month extension to complete repairs on the storage. Mr. Villa was allowed a three month extension with the condition that he contact Mr. King and obtain a building permit immediately and make noticeable progress. Lloyd Nelms, 4723 Cape Cod, said he had this property up for sale but it burned, and he has had a lengthy waiting process with the insurance company. He plans to completely remodel and put it back on the market, therefore, he requested an extension. Mr. Nelms was directed to begin immediately on the remodeling and to contact Mr. King to meet his requirements. No one else wished to be heard. Mayor declared the Public Hearing closed. ORDINANCE NO. 140-94 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY ( 30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Mayor Lam that Ordinance No. 140-94 be passed with the deletion of Item 1 - 1806 loth Street. Mayor stated that the appearances by property owners and the commitments made by the City Council and the property owners today are agreed upon, and 723 Item 8b, cont 'd. Staff will proceed on those basis. The other structures are to be demolished. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Moved by Mayor Lam that the property owner of 1806 Tenth Street be allowed to proceed on the basis agreed upon in the public hearing. Motion seconded by Mr. Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Abstention: Councilor Daniel Item 9a ORDINANCE NO. 141-94 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 20-11 OF THE CODE OF ORDINANCES TO ADD CERTAIN SITUATIONS OR CONDITIONS TO ALLOW MINORS AT CERTAIN ADULT-SUPERVISED ACTIVITIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE. Moved by Councilor Martin that Ordinance No. 141-94 be passed. Motion seconded by Councilor Mallonee. Councilor Thompson had some deep reservations because he felt there was a possibility that two classes of young people would be created, those who have and those who do not have. He was concerned with the implications of those children who are walking after curfew with notes from their parents. He said this is a potential problem which has not been addressed. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9b This item was deleted. Item 9c ORDINANCE NO. 142-94 ORDINANCE MAKING AN APPROPRIATION IN THE TRANSIT FUND FROM DESIGNATED GENERAL FUND BALANCE AND AUTHORIZING THE REPLENISHMENT OF FUNDS FROM UNDESIGNATED FUND BALANCE 724 Item 9b, cont'd. Moved by Councilor Thompson that Resolution No 142-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9d ORDINANCE NO. 143-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF BORLAND LANE, ADJACENT TO THE WEST LINE OF LOT 6, BLOCK 16-A, PRIDDY ADDITION Moved by Councilor Martin that Ordinance No. 143-94 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9e ORDINANCE NO. 144-94 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE EAST LINE OF BORLAND LANE, ADJACENT TO THE WEST LINE OF LOT 6 , BLOCK 16-A, PRIDDY ADDITION Moved by Councilor Hawkins that Ordinance No. 144-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9f A proposed ordinance was presented waiving Section 32-139 of the Code of Ordinances with respect to detention requirements for Lot 6 , Block 16-A, Priddy Addition. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Hawkins. Councilor Martin inquired about the prospects of future land development in this area. Mr. Bonnett replied that there will be continued steady growth of development in the area. Drainage is very poor; it is very flat. Councilor Martin stated that no more retention was required and proper landscaping could handle that. Mr. Bonnett agreed. 725 Item 9f, cont'd. Motion failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Item 10a RESOLUTION NO. 181-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TAKING FINAL ACTION ON VISTA CABLEVISION'S INITIAL BASIC CABLE SERVICE RATES FILED WITH THE CITY ON AUGUST 15, 1994; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 181-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10b RESOLUTION NO. 182-94 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SKATE WHIRL ROLLER RINK Moved by Councilor Hawkins that Resolution No. 182-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10c RESOLUTION NO. 183-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE AMENDMENT, OF A PREVIOUSLY APPROVED FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Resolution No. 183-94 be passed. Motion seconded by Councilor Hawkins. Councilor Thompson is the Chair of the Jerusalem Development Corporation, therefore, he did not participate in the discussion or vote on this item. Motion carried by the following vote. 726 Item 10c, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Abstention: Councilor Thompson Item 10d RESOLUTION NO. 184-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A NON-ANNEXATION AGREEMENT WITH HOWMET CORPORATION, GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS BEGINNING JANUARY 1, 1995, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 184-94 be passed. Motion seconded by Councilor Thompson Annette Barfield, Comptroller of Howmet Wichita Falls Casting Plant, made a few comments in support of the non- annexation agreement. The aerospace industry has been severely depressed over the past few years and as a result, our business has experienced reduced sales and customer demands for reduced prices. We have responded by improving our manufacturing processes, reducing our lead times and re-engineering our business processes in order to reduce our overhead. We are continuing to invest in state of the art technologies. Mrs. Barfield expressed appreciation to the City of Wichita Falls in working with Howmet on this agreement to help control their costs. It . is essential in order for us to compete in our industry and to secure the employment of the 650 people that work there. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10e RESOLUTION NO. 185-94 RESOLUTION APPROVING TRANSFER OF OLD UNCOLLECTIBLE ACCOUNTS RECEIVABLE TOTALING $76,825. 64 FROM AN ACTIVE TO DORMANT STATUS Moved by Councilor Martin that Resolution No. 185-94 be passed. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 727 Item 10f RESOLUTION NO. 186-94 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A CONSULTING FIRM TO CONDUCT A FEASIBILITY STUDY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 186-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 11a RESOLUTION NO. 187-94 RESOLUTION TO AWARD BID FOR RECOATING OF WATER STORAGE AND WATER CONVEYANCE FACILITIES TO TEXAS BRIDGE COMPANY Moved by Councilor Martin that Resolution No. 187-94 be passed. Motion seconded by Councilor Hawkins. Councilor Martin brought up the liability issue and wanted to make sure that the general liability policy contains completed operations and that the general liability property damage be at least $500, 000 to cover that portion. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 11b RESOLUTION NO. 188-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS TO CONVEY TITLE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 188-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item llc RESOLUTION NO. 189-94 RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF TREES Moved by Councilor Martin that Resolution No. 189-94 be passed. 728 Item 11c, cont'd. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None City Council recessed at 10: 15 a.m. and reconvened at 10 : 30 a.m. Item 12a Dr. Kent Ulrich, Wichita Falls Clinic, representing the Tobacco Awareness Coalition, presented a tobacco protection ordinance to the Council. This ordinance would prohibit smoking in enclosed public places and the workplace unless this area could be totally isolated, environmentally isolated from the remaining area in order to protect non-smokers from exposure to passive smoke, environmental tobacco smoke. Ordinance also limits access by minors to vending machines dispensing tobacco products. Dr. Ulrich informed that passive smoke was the number three cause of death right behind direct tobacco use. He stated that he was aware this would be a controversial issue, but asked that this be viewed from the positive health affect for our community and the enhancement of life in Wichita Falls. Dr. Ulrich requested the Council' s consideration for passage of this ordinance at the next Council meeting. Mayor directed that this issue be addressed at the first Council meeting in December. City Attorney suggested that they make a recommendation for discussion item at the next meeting and after discussion bring it back for consideration to adopt at the second meeting in December. City Manager suggested that Staff prepare whatever they can within a three week period and e lines of communication work. from there. Mayor directed that th remain open between this Coalition, Staff and Council. It was a consensus of the Council to carry this out and do whatever was possible within the three week period and prepare a document to be considered by Council that was agreeable to all involved in the process. Giola Ozuna, 2938 Elliott, spoke in favor of banning smoking in all buildings. Carlson Stuart, 201 E. Scott, Big Daddy' s Wrecker Service, spoke in support of banning smoking. Mr. Stuart also addressed the City' s wrecker system. He informed that he had been left off the rotation system because only 15 wrecker services are allowed on the list and the list is full and there is a waiting list already. He was complaining that there were some people who were on the rotation list and also on the waiting list. He brought up the fact that police officers are denying individual requests if a wrecker service is not on the rotation list. Chief , . Harrelson informed that it was handled that way according to ordinance and in order to clear the scene as quickly and safely as possible. If a vehicle can be moved to the side of the road and off the right of way, the individual will be allowed to call the wrecker service of his choice. Mr. Stuart stated that he wants the right to provide a living for himself and his family and to work in this city. Item 12b Councilor Martin warned against burglaries now that the holiday season is cautions here,to aavoidsked any t take burglaries.everyone He wished necessary pre everyone a safe holiday. 729 Item 12b, cont'd. Mayor informed that the Harold Jones Park lighting of the trees would be December 1 at 6: 00 p.m. Ms. Crane informed that the event begins at 5:30 at the park. Councilor Thompson informed that funeral services for former Councilor Harrison Taylor would be today at noon at Gilbert Memorial CME Church. He was the second African-American to be elected to the Council. Councilor Thompson mentioned the prison which had been denied by Planning and Zoning, and he expressed his hopes that this would not be brought up again. We have enough social services in our district which we are providing, such as the expanded jail and the restitution center. Councilor Martin corrected that those two facilities were in District 4. Mayor expressed the Council ' s sympathy to Mr. Taylor ' s family. He was a gentleman and a credit to Wichita Falls and to those he represented. Item 12c Lynda Hillery presented a report on the wrecker service. She stated that the rapidly changing law has placed some time constraints on them. The initial wrecker ordinance has been in existence for about twenty years with some revisions, including the rotation system. In August we met with numerous wrecker service providers and addressed the rotation list limitation, wrecker fees called for by ordinance, and the heavy duty wrecker service issue. The impound lot concern and dispatch communication concerns were also addressed. Jerry Simpson from the Police Department who handles the wrecker service, did some research on this. Mr. Simpson informed that he had researched how the prevailing wrecker service affects the various cities in Texas. He received 27 of the 28 inquiries he sent out to comparable cities. Results were that cities were predominantly using various means of contract to do rotation pulling. Several of those that were on a rotation system were going to contract. Our opinion is that we need to pursue looking into a contract system as opposed to our rotation system. Mrs. Hillery said that according to the National League of Cities, U.S. Conference of Mayors, and the Railroad Commission, the Federal legislation (Airport and Airway Improvement Act H.R. 2739) passed about one month ago, will go into effect January, 1995. Councilor Mallonee stated that because of new leadership at the Railroad Commission, this would possibly not go into effect on that date. Mrs. Hillery said that she did not have her information in writing, but these agencies had informed them to the best of their knowledge. Several months ago we were not aware of the future enactment of this law, therefore, we discussed the ending use of the rotation list and going to contract, and opening up the rotation list to allow all wrecker services on the list, or the possibility of remaining status quo and changing the ordinance to increase the rates the wreckers are allowed to charge. If this law goes into effect in January, we lose the second and third options because we no longer have control over the industry. At this point we feel we have several options, all of which will require amending the Ordinance: 1) Amend the ordinance and let wrecker services regulate themselves which is what the law will dictate; 2) Contract for the pulls; 3 ) Contract all calls which police make at this point. Mrs. Hillery gave the following financial information. The wrecker services are paid $35 for an impound pull, and each wrecker service is making approximately $2900/year from this. For accident and disabled vehicles, they are paid $45 per call and each wrecker is making approximately $3800/year for a total of $6700/year for each of the 15 wrecker companies. This does 730 Item 1_2c, cont'd. not include any tow or repair fee they charge. Staff recommends that if this law goes into effect in January 1995 , we put the wrecker service out for bid and we will prepare the specifications for this bid. Mayor was concerned that this may eliminate some wrecker services, in particular those who have a one person operation. Mrs.Hillery said that had been a concern and had been discussed at length, but felt that numerous bids would be submitted. Mr. Simpson informed that there appears to be a change in numerous cities because of this law, and they are looking into going to contract. Councilor Daniel clarified that we were talking primarily about providing wrecker service on behalf of the City, and individuals would still be able to contract with a wrecker for private towing. Mrs. Hillery concurred. She said that the > officer at a scene of an accident would ask the citizen to designate a wrecker; and if they were unable to make that decision the officer would call the contracted wrecker, but citizens would have the first option to designate a wrecker. Councilor Mallonee asked if the additional wrecker services would be approved by the City and govern the criteria they have to follow. Mrs. Hillery said that the City would have no regulation capability over any wrecker in the City except for safety and insurance. City Manager mentioned that if we went to one wrecker service it would be one fixed price. We would be responsible for the service and the price. Mayor recommended that they proceed with the schedule of advertising for bids and urged that Staff stay in contact with the wrecker industry. Councilor Hawkins said that he had a call from Mr. Brad Willett who represents a number of wrecker services and wanted to know if this was going to be on today' s agenda. I was unaware this was going to be discussed today. I have problems with advertising for bids on the 18th without getting input from people doing business in our City. Mrs. Hillery stated that at the second meeting in October the Mayor asked that we come back and discuss this issue and we stated we would discuss it at this meeting. Councilor Mallonee was in agreement with Councilor Hawkins concerning obtaining public input and he felt it was too soon to advertise for bids. He was concerned there would be some other action taken in Austin. Mayor directed Staff to schedule a public hearing for the first meeting in December to obtain citizen input. He asked Staff to have bids ready after that. Item 12d : Council went into executive session at 11: 16 a.m. as authorized by Section 551.074 of the Government Code. The City Council reconvened at 11: 34 a.m. Item 12e Mayor announced that the resignation from the Housing Authority of Rev. Kenneth Hurley had been accepted. The Mayor makes citizens of WichitarFalls and asked efore, he c that they ited applications be sent from the to the City Manager' s Office. 731 The City Council adjourned at 11 : 35 a.m. PASSED AND APPROVED this � ay of 1994 . Michael Lam, Mayor ATTEST: n�ku ) hw_&')_ Lyd Torres Cit' Clerk