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Min 01/03/1989 110 Wichita Falls, Texas Memorial Auditorium Building January 3 , 1989 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. Perry Goolsby Mayor John Hirschi Charles Thomas Angus Thompson Councilors Robert Barenberg Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Finance Director The invocation was given by Elaine Dean, Greater Life Christian Center. Item 3 Moved by Councilor Thompson that minutes of the meeting held December 20, 1988, be approved. Motion seconded by Councilor Barenberg. Councilors Buffum and Kirkham noted two corrections. In Item 10a, the motion was made by Councilor Kirkham, and seconded by Councilor Buffum. In Item 15a, the aye vote was by Councilor Kirkham, and the nay vote was by Councilor Hirschi. The motion for approval of the minutes, as corrected, carried unanimously. Item 4a Personnel Officer Jan Stricklin introduced Kathy Holtzen, Police Department, as Employee of the Month for January. Chief Harrelson noted some of the work she performs. Mayor Goolsby presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theater and dinner. Items 5a-7d Items 5a, 7a, and 7c, were moved to the regular agenda. Moved by Councilor Hirschi that the consent agenda be approved. Motion seconded by Councilor Thomas. Item 5b The bid for a front end loader for the transfer station was awarded to Construction Agricultural Supply of Wichita Falls, in the amount of $61,811. 111 Item 5b Cont'd Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 1-89 RESOLUTION TO ACCEPT PROJECT TO REPLACE SANITARY SEWER LIFT STATION AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7 Minutes of the meetings of the following boards and commissions were received. b. Board of Electrical Examiners - December 8, 1988 d. Employee Benefit Trust - December 22, 1988 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5a RESOLUTION NO. 2-89 RESOLUTION ACCEPTING BID OF OPEX, INCORPORATED FOR UTILITY RELOCATION WORK FOR THE HOLLIDAY CREEK FLOOD CONTROL PROJECT Moved by Councilor Kirkham that Resolution No. 2-89 be passed. Motion seconded by Councilor Hirschi. Mr. Bonnett explained that this work was contemplated, but had to be done in this order to not interrupt service. It is about $100,000 over what they had originally anticipated. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7a Moved by Councilor Thomas that minutes of the meeting of the Civil Service Commission held December 1, 1988, be received. Motion seconded by Councilor Buffum. Councilor Thomas asked if we have to pay for the additional physical examinations? Mrs. Stricklin explained that under state law any applicant has the privilege of making this request, but it is at their own expense. i 112 Item 7a Cont'd Councilor Barenberg requested that the spelling of his name in the minutes be corrected. The motion carried unanimously. Item 7c Moved by Councilor Thompson that minutes of the meeting of the Landmark Commission held December 15 , 1988 , be received. Motion seconded by Councilor Barenberg. Councilor Thompson asked about the status of the Fair Building in regard to demolition or stabilization. Mr. McKinney stated that they are looking at it to determine what has been done. Councilor Thompson noted that Depot Square contains the history of all of us, and hopefully in the future we will try to do something to preserve some of these buildings. The motion carried unanimously. Item 8a Discussion was held on a proposed ordinance waiving the landfill fee provisions of Section 17-62 of the Code of Ordinances for charges billed to Hamilton-Bryan. A motion was made by Councilor Thomas, and seconded by Councilor Barenberg, for its passage. W. W. Hamilton, owner of Hamilton-Bryan, requested waiver of the landfill fees for refuse taken to the landfill from a fire at his warehouse. Councilor Hirschi asked about any complaints concerning the way the fire was handled? Mr. Hamilton mentioned that the fire department had to go farther to get to the water. He mentioned litter being scattered around the neighborhood, stating that he took care of it. Councilor Kirkham asked Mr. Hamilton if he is negotiable on payment of this fee? Mr. Hamilton stated that he did not want to pay any of it, but he would if he had to. He stated that it cost a lot of money to let people know they were still in business. Mr. Berzina commented that the only thing of a similar nature that he could think of which was done was the Faith City Mission where we took over the building. Councilor Thompson remembered a drug treatment facility which they did not waive. Councilor Barenberg commented that it is irrelevant to compare this with any other problems. He feels the action taken by Hamilton-Bryan was admirable in getting it cleaned up. Based upon the deeds of this company, he would support waiving the fee. Councilor Buffum expressed concern about setting a precedent. Councilor Thomas noted that if they show faith in making the neighborhood a neat and safe place, he sees nothing wrong with that. It does not matter whether it is a one year or a 40 year old business. 113 Item 8a Cont'd Mayor Goolsby commented that no one has a better respect for a company than he does, but he has to look at the next guy that comes in here. Mr. McKinney explained that hail damaged business customers paid for the fees at the landfill. Mr. Berzina explained that there was no problem with how this fire was fought. There were five fire trucks at the scene. The fire was already gone when they got there. Chief James stated that they were trying to keep the fire from going to the North because they did not have any other resources to put out a grass fire. They had plenty of water pressure with the first hydrant. Hamilton-Bryan requested that they save the big warehouse first. A microfilm and an air conditioning firm were saved in the front. Councilor Hirschi asked about the city' s cost in fighting this fire. Chief James explained that they called fifteen people back off duty at time and one-half. It cost them somewhere around $2 , 000. Diesel trucks were also all refueled during the fire. The metal warehouse had no damage. Councilor Kirkham commented that he would not be opposed to Mr. Berzina and Mr. Hamilton working this out. Mr. Berzina stated that he could not in good conscience recommend waiving any of this. If they do this they are setting precedents that will come back to haunt them. Councilor Thompson commended the fire department for keeping the fire from spreading any farther. He sympathizes with anyone who has this kind of loss, but it would mean that anyone who has a home or business would have the right to ask for a waiver of the fee. He feels we have to remember that we are here to make and establish laws and ordinances that will protect all of us, and not be guilty of playing favoritism. Their job is to be fair, and sometimes being fair means saying no. Councilor Barenberg agreed with Councilor Thompson, but feels there should be room for flexibility. Not everyone would get out there and clean up the streets. Councilor Thomas agreed with everything he has heard, but the only thing he is saying is that being in the neighborhood, and getting his business out of the neighborhood, he is to be commended for it, and in some areas we have to waive some for this reason. We owe some consideration for those people who will clean up a neighborhood. The motion failed by the following vote. Ayes: Councilors Thomas and Barenberg Nays: Mayor Goolsby, Councilors Hirschi, Thompson, Buffum, and Kirkham Item 8b ORDINANCE NO. 1-89 ORDINANCE MAKING AN APPROPRIATION FROM THE HOTEL/MOTEL FUND EQUITY FOR PURPOSES OF PROVIDING SUPPORT FOR A POOL TOURNAMENT SPONSORED BY THE BEACON LIGHTHOUSE FOR THE BLIND Moved by Councilor Buffum that Ordinance No. 1-89 be passed. Motion seconded by Councilor Barenberg. i 114 Item 8b Cont'd Councilor Barenberg feels that these people should not look at receiving any money more than one time. Miss Houseworth explained that this money would come from hotel- motel fund equity. Councilor Thomas noted that they have had a pool tournament for nine years. This one is projected to be much larger, with 200 participants from various parts of the United States. He agrees with it if we have funds to do so. Councilor Kirkham asked how much the other sponsors are contributing? Mr. Ronnie Benson, Recreation and Special Events Coordinator for Beacon Lighthouse for the Blind, stated that it will cost $10 ,400 to get tables to Wichita Falls. There are different levels of sponsorship for these organizations. The Sheraton and Hilton will help pay for the Activities Center. Coors will sponsor all awards. It was $1200 last year. Lone Star Vending will provide in-kind service. KLUR will promo this with public announcements throughout the state. He does not have a dollar figure on the air time. This is a regional tournament of five or six states that will come to Wichita Falls to compete. They feel they will get other major sponsorship for this. ESPN is getting interested in it. He feels the economic impact of the tournament will catch on, and get some cash flow in Wichita Falls. Councilor Kirkham asked what our $5000 will be used for? Mr. Benson stated they want to provide more incentives for people to come. Councilor Thompson hoped this would be a successful event, but is concerned that this is not a budgeted item, but that we are going to take this out of equity, and what will happen next time we get a request? Councilor Hirschi asked about help from the Convention and Visitors Bureau? Mr. Benson explained that if they could get the support of the City, they would get support from the BCI . They did not know how much they would want to get involved. BCI has agreed to help them with mail-outs, etc. Mr. Benson explained that last year ' s tournament consisted of all local people. This year they will have mostly out of town people. Councilor Buffum asked where this amount will specifically be spent? Mr. Benson stated they would put it into prize money for incentives to get more people in here. Mr. Berzina asked if he envisions this to be a one-time request, and Mr. Benson stated that he does. Councilor Thomas stated that they are trying to start a new large event to get recognition to Wichita Falls. It will also provide a lot of inexpensive entertainment for the people in Wichita Falls. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8c ORDINANCE NO. 2-89 ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES WHICH REGULATES VEHICLES FOR HIRE Moved by Councilor Buffum that Ordinance No. 2-89 be passed. 115 Item 8c Cont'd Motion seconded by Councilor Thompson. The following amendments were made to the ordinance. Councilor Hirschi referred to Section 31-31(c) , concerning one franchise. He suggested adding "in the City of Wichita Falls" and "selling all but one of the franchises" in the appropriate places. Councilor Hirschi discussed Section 31-68 in relation to getting new licenses. It was explained that they would have to apply for them. He also pointed out the hazardous events in Section 31-40(a) ( 6) . No amendments were made here. Councilor Barenberg expressed his displeasure of the time being taken here when this ordinance was discussed at the last council meeting, and a subsequent two and one-half hour meeting. Councilor Thompson suggested an amendment to Section 31-47(h) by adding drugs. Section 31-47( j ) was added to state "Has been guilty of possession or transporting a controlled substance" . Moved by Councilor Kirkham to delete the reference to all stockholders in Section 31-28 (a) . Motion seconded by Councilor Thomas, and carried unanimously. Councilor Kirkham asked about the financial status of the corporation. Mr. Dockery explained that if the Council does not agree with it they can deny the application. Councilor Kirkham amended the last paragraph of Section 31-28 to state that the City Clerk shall submit the application to the City Council within 30 days. Councilor Kirkham raised questions about Section 31-29(a) ( 2 ) and ( 5) . The staff explained that these sections are necessary. Section 31-29(a) (c) was amended by Councilor Kirkham to insert a time limit of 15 working days. Councilor Kirkham questioned the 3 days mentioned in Section 31-30(a) . Mr. Hodge explained that the three days referred to is for the City Clerk to give three days notice of the public hearing. Section 31-30(b) was amended by Councilor Kirkham to allow a 5-year franchise, as opposed to ten years. Section 31-33 was amended by Councilor Kirkham to include a paragraph to increase the number of vehicles authorized. The City Council recessed at 10: 10, and reconvened at 10: 25 A.M. Section 31-35(a) was amended by Councilor Kirkham to specify that insurance would be in an amount not less than the minimum requirements of the State of Texas. Section 31-35(b) was amended by Councilor Kirkham to state that "all holders" shall furnish an insurance policy or certificate of insurance to the City Clerk. Councilor Kirkham noted the stated gender of the City Clerk in Section 31-35(g) . Mrs. Thomas noted that it is not a problem for her. i 116 Item 8c Cont'd Section 31-35 (f) was clarified to specify notice "from the insurance company" , in writing, to the city of such cancellation. Section 31-37 was amended by Councilor Kirkham to omit the word "end" in the third line. Section 31-40(A) (vi) was amended by Councilor Kirkham to omit the exception to burglary of a coin-operated machine. Section 31-41 and other specified places in the ordinance, was amended by Councilor Kirkham to omit "or his designated representative" . Section 31-49 was amended by Councilor Kirkham to include "stockings" . Section 31-54(b) was struck from the ordinance by Councilor Kirkham in an amendment. Section 31-51(a) was amended by Councilor Kirkham to change the word "inspector" to "employee" . Section 31-51(c) was struck from the ordinance. Section 31-53 (c) was struck from the ordinance in an amendment by Councilor Hirschi. Section 31-71(a) was amended to state that vehicles would be repainted within 90 days of the date of approval of the color scheme. Mr. Hodge suggested that a sentence be added to the end of Section 31-36 to provide that vehicle inspections shall be made in the month of December preceding the license year. The amendment was approved. Alfred S. Tucker, Falls Cab Company, stated that he and his partner have no problems with the ordinance. Claudio Ramirez, Senior, 2013 Elizabeth, clarified that cars have to be inspected in December. He mentioned that substitution of cars was being removed. Mr. Dockery explained that we have had problems with them substituting vehicles which have not been licensed. The motion for passage of Ordinance No. 2-89, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None The Council recessed at 11: 50 A.M. , and reconvened at 1 : 00 P.M. Item 9a RESOLUTION NO. 3-89 RESOLUTION AUTHORIZING AGREEMENT WITH MUNICIPAL CODE CORPORATION TO BRING CODE OF ORDINANCES UP TO DATE Moved by Councilor Barenberg that Resolution No. 3-89 be passed. Motion seconded by Councilor Thompson. 117 Item 9a Cont'd Councilor Thomas feels that we need to look over several city ordinances for updating, before this is done. Councilor Barenberg stated that we need to pay attention to this, but he believes we have too many ordinances that would take more time than can practically be done. It is a mistake to put it off if it needs to be updated now. Councilor Thomas suggested it be done in-house, and save money. Mr. Berzina explained that this is important because the code people will put all ordinances passed in the right place in the code. If we are out of date in some areas we need to change that, but he believes we need to bring it up to date. Mr. Hodge noted that it has been five and one-half years sincEt it was updated. Mayor Goolsby commented from his years in the school district that it requires a lot of study to make sure that you have everything in the proper perspective. He believes it is not too much to pay for this service. Councilor Barenberg stated this is not just putting ordinances in a book. By not having it up to date right now is costing us money. Councilor Buffum asked about the conflict of not having the code up to date? Mr. Hodge explained that he just made notes in his code. Mr. Hodge noted that to have a staff person do this would just be one of those big jobs that someone would spend a lot of time and effort on, and he is not sure it would be a workable product. Councilor Thompson believes $13 ,000 is the cheapest and most effective way to go. Mr. Berzina explained that there are only about three places who do this kind of work. They have the expertise. This firm did the book in the first place. He knows of no software that is available. He feels very comfortable telling them that seventy-five percent of cities use Municipal Code Corporation. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, and Buffum Nays: Councilors Thomas and Kirkham Councilor Kirkham asked about maintenance of ordinances by each department, along with methods of going through and getting rid of ordinances that are unenforceable? Mr. Berzina explained that they started this two or three years ago. No appearances were made under Item 10a. Item 10b Councilor Thompson asked about the 7th Street railroad crossing. Mr. Bonnett stated that their letter has not been answered. He will attempt to call the Chief Engineer of the railroad, and go from there. In regard to securing some track from the railroad, Mayor Goolsby noted that they responded that they would be glad to do so inasmuch as we were planning to close 7th Street. He immediately told them they did not plan to close 7th Street. They stated they could not participate if we did not plan to close 7th Street. Councilor Thompson mentioned bidding procedures for contractors. They have to live within 250 miles of Wichita Falls. He wondered if we could have in our bid procedures, in addition to low bid, such as past experience and past history. 118 Item 10b Cont'd He would like to know how we can keep some of the monies we are spending in Wichita Falls. Mr. Hodge explained state law requirements, stating that you can' t start adding a lot of other factors. Councilor Buffum also expressed his concern. Mayor Goolsby asked the staff to determine what they can do to request that contractors employ as many people in Wichita Falls as possible. Councilor Thomas explained that several years ago we sometimes only got one bid, and sometimes no bids. This was the reason it was extended to 250 miles. Mr. Hodge noted we also have some kind of reciprocity with other states. Mr. Berzina noted the excellent recount given by Councilor Thomas of the situation. The staff will be reviewing ways to get more local contractors to bid. They got into some specialized contracts where there were no local contractors to bid on them. Councilor Kirkham mentioned some legislation concerning smoke screening of vehicle windows, stating there are some vehicles running in this town that you can' t see through. If these folks are all in compliance, then we need to do something to get legislation passed. Chief Harrelson stated that there are certain standards, and citations are given if found not to comply with the state law. Councilor Kirkham requested some statistics on it, stating we may need an ordinance drawn up on it. Chief Harrelson explained that it is regulated by state law. Councilor Kirkham noted that all safety lights were out at the softball complex. He also suggested that speed limits along expressway access roads be posted. Councilor Thomas commented that the billboard sign at the complex did not work all during the holidays. Mr. Murphy stated that their employees are working on it. If they cannot repair it, they will follow up through the company. Councilor Hirschi asked about the costs for median beautification at the Seymour Highway/Loop 11 intersection. Mr. Murphy explained that it was four medians. The State contributed the trees. The donated money was $9, 000. He will follow up with a financial spread sheet on it. Councilor Hirschi commended Jim Dockery on the taxicab ordinance, stating it would help him if he had documentation on who the authors are. Mr. Berzina noted that he will discuss this with the staff at the next meeting. Councilor Thompson asked about a report on the Beach Boys concert. Mr. Berzina has a report to present to them. Councilor Barenberg noted that it only recently became clear that in order to enforce handicapped parking ordinances, the penalty must be exhibited on the signs. There is also a maintenance problem of the signs. He asked the staff to come up with an ordinance that would allow communication from the City to the businesses which have signs up, requesting them to add the penalty to the signs. This request comes from the Disabled Commission, himself, and a variety of the public. 119 Item 10b Cont'd Councilor Buffum noted that the Base is becoming a more important part of our economy, with the recommendations to Congress of closings of some military bases. If this goes through, it will mean 800 additional jobs to Wichita Falls. Councilor Thomas noted that the owners of burglar alarms are beginning to put outside bells on them, with instructions not to call the police, but the owner. We are losing our chances to catch criminals when police are not called. Mayor Goolsby noted that the president of the basketball franchise located in Wichita Falls contacted him, and he has authorized them to hold a news conference in the Council chambers on January 5, at 10: 45 A.M. , to talk about that activity. He encouraged the news media to be present to allow that franchise to share that activity with us. He congratulated the success the franchise has had in our city in the won/loss column. Item l0a Maxine Washington, 4540 Barnett Road, stated that she is interested in starting a program for the homeless; people who do not qualify for any HUD programs. She envisions housing for families from 30 to 90 days to get a job and save enough money to move into housing. This would also cover housing for the disabled, and people from MHMR. She would like a job bank and a clothes bank. She requested that the City purchase the old Wichita Hotel for housing for the homeless. You can only stay up to five days in all the temporary shelters. She stated that some of the program will be permanent, and some transitional. She believes, according to statistics, that there are 175 families who cannot be placed in Wichita Falls. This is based on the national average of cities of our size under the McKinney Act. Mrs. Washington requested that CDBG funds be used to purchase the building, and funds from the City for operation. She stated that the Small Business Development Center is working up a budget for her to estimate what it would cost to operate. The building price is $60, 000. She stated that Monte Beasley has the name of the owner, and he also has the key to it. She stated that she also talked to Mr. Bradshaw, at Midtown, regarding inside work. Mayor Goolsby anticipates that it will cost more than $60 , 000 to put the building to use. Mrs. Washington stated that furniture is in place in the building. Councilor Kirkham stated that housing for the homeless and child care are two of the highest priorities we can set. If it takes the City buying the building, then he feels maybe we should do it. He would like for Mrs. Washington to take this through the staff, and see what it would take to get it started. Mrs. Washington stated that women could provide child care for each other. It would stop them from being licensed. Councilor Kirkham emphasized that he is talking about all child care in the city, not just this project. Councilor Barenberg requested Mr. McKinney to look at this building for inspection, and see what it would cost to put it in useable condition. 120 Item 10a Cont'd Mrs. Washington asked that the City fund this project on an 18-month basis, along with CDBG funds being used to purchase the building. She stated that she came here from Dallas, and has experience in this type of operation. Mr. Berzina noted that they will check on whether these funds can be used this way. Councilor Thompson stated that last year he noted the need to put together a housing policy for the homeless. He would like for each council member to have a copy of the McKinney Act. Mr. Berzina stated they will talk with Mrs. Washington, and get back to the Council. Nothing was brought forward under Item 10c. Item 10d The City Council recessed into executive session at 2: 25 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. They will come back into open session to resolve any decisions they feel need to be made. The meeting reconvened at 3 : 10 P.M. Item 11d Moved by Councilor Thomas that the City oppose the application of Wichita Valley Water Supply Corporation to enlarge their water district, and that the City Attorney request a public hearing before the Texas Water Commission. Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 3 : 15 P.M. i PASSED AND APPROVED this the day of u , 1989. Perry ol�sby, Ma or a ATTEST: I Wilma J. Th mas, CMC/AAE City Clerk i I. R I;