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Min 02/21/1989 152 Wichita Falls, Texas Memorial Auditorium Building February 21, 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 The invocation was given by Councilor Thompson. Mayor Goolsby read a proclamation on National Federation of the Blind Month for March. Mayor Goolsby also recognized Charlie Kutschenreiter, who is working in the City Attorney' s office this week, prior to his return to Germany. Item 3 Moved by Councilor Kirkham that minutes of the meeting held February 7, 1989 , be approved. Motion seconded by Councilor Barenberg, and carried unanimously. Items 4a-6f Item 5b was moved to the regular agenda. Item 4a was removed from the agenda until the next council meeting. Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Barenberg. Item 4a ORDINANCE NO. 12-89 ORDINANCE WAIVING SECTION 22-1(a) ( 9 ) AND SECTION 22-4 OF THE CODE OF ORDINANCES FOR AN EVENT IN HAMILTON PARK PROMOTED BY THE WICHITA FALLS RUNNERS CLUB ON APRIL 1, 1989 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 153 Item 5a The bid for an annual supply of vehicle filters was awarded to Stewart-Stevenson, in the amount of $36 , 760. 71. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6 Minutes of the meetings of the following boards and commissions were received. a. Zoning Board of Adjustment - January 18, 1989 b. Kemp Public Library Planning Committee - January 19 , 1989 C. Building Board of Adjustments and Appeals - February 2 , 1989 d. Commission for Disabled Persons - February 6 , 1989 e. Board of Electrical Examiners - February 8 , 1989 f. Employee Benefit Trust - February 9 , 1989 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5b Moved by Councilor Buffum that the bid for an annual supply of low lead gasoline and diesel fuel be awarded to Chester Wood Oil Company in the amount of . 6804 cents per gallon for low lead, and . 5133 cents per gallon for diesel. Motion seconded by Councilor Barenberg. Councilor Buffum asked Mr. Parker if he monitors this during the year to make sure we are getting the best bid? Mr. Parker stated that they do monitor, but once the bid is let they are locked in with the fluctuating price bid, and have to stay with that bidder. It has been fairly consistent during past years. Councilor Thomas feels we would get a better price if we bid as they unload the gas. The suppliers purchase it at the bulkhead on the same day they sell it to US. Were this not the case it might be cheaper to bid it on the bulk. Further discussion was held on other options, with Mr. Berzina noting that he is afraid we might get into something that we might get only one or two bids. If we can lock up a given profit on it, he feels this is what we should do. We need the competition in dealing with a whole year' s supply. The motion carried unanimously. Item 7a ORDINANCE NO. 13-89 AN ORDINANCE AMENDING ORDINANCE NO. 126-84 TO SPECIFY SIGNAGE AT DESIGNATED HANDICAP PARKING IN PRIVATE PARKING LOTS, REQUIRING PLACEMENT AND MAINTENANCE OF SUCH SIGNAGE AND PROVIDING FOR PENALTY Moved by Councilor Barenberg that Ordinance No. 13-89 be passed. 154 Item 7a Cont 'd Motion seconded by Councilor Thompson. Mr. Berzina explained that they are looking at downtown parking and curbs and ramps. Sam Paschal explained that these amendments will allow for a broader sign. It will also allow for penalties to place and maintain the signage, as well as those who do damage to signs. This ordinance does not address grandfathering, which is covered under the state law. Councilor Barenberg noted that as many as twenty five percent of our public have one or more disabilities. I Councilor Kirkham stated that this ordinance requires new signs if they are not up now. The sign is required, and confirmed that the only enforcement would be for the police to issue tickets. He would like to see our no-smoking ordinance revised to place some teeth in it like this does. Councilor Thompson supported the ordinance, and Councilor Barenberg commended the Commission on Disabled for being able to come to grips with this so quickly. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7b Discussion was held on a proposed ordinance authorizing contract with Eby Construction Company concerning temporary connection of property with city' s sanitary sewer system. A motion was made by Councilor Thomas and seconded by Councilor Kirkham, for its passage. Councilor Buffum asked for clarification of this request as opposed to a homeowner moving on, and does not receive a sewer tap refund. Mr. Bonnett explained that the ordinance does not specify a time. Councilor Buffum noted this would be setting a precedent. Mr. Bonnett explained the purpose of a pro rata charge. When anyone else wants a tap they will have to pay the pro rata charge. Councilor Thomas noted that a person pays for a temporary tap, and it is not refundable. When a sewer line is run it is for a front foot charge. Councilor Barenberg stated that three years does not sound temporary, and the buildings do not look temporary. He would be concerned about giving the money back if the buildings are still intact. Mr. Bonnett stated this started when they started the bidding process. He received a request from the owner of the property to waive the fee. The staff could not waive it. The contractor has moved on to the site. If the Council wants to waive the fee they would have that authority. Councilor Thompson asked why it should be waived, and Mr. Bonnett stated he could not defend a waiver of the fee. Councilor Thomas stated that this contractor is not developing this property. He originally did not plan to hook on to our sewer, but use porta johns; however, he could not get water without sewer. Mr. Bonnett noted that Mr. Foley owns the property. City Concrete is one of the suppliers of the concrete, but it is a very large contract, so there will probably be many 155 Item 7b Cont'd contractors. This was one of the issues covered at the pre-bid conference. He was aware of this when he submitted his bid. They stated no fees would be waived. Councilor Barenberg finds it hard to understand why a large contractor would not take this into consideration in his bid. Mr. Bonnett explained that this is a pro rata fee to reimburse the rate payers for this cost. Councilor Kirkham clarified the questions he had regarding this tap. The question was called by Councilor Hirschi, seconded by Councilor Barenberg, and carried unanimously. The motion failed by the following vote. Ayes: Councilor Thomas Nays: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Item 8a RESOLUTION NO. 24-89 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THEIR PROVIDING FUNDS FOR AN AIDS PREVENTION AND SURVEILLANCE PROGRAM Moved by Councilor Kirkham that Resolution No. 24-89 be passed. Motion seconded by Councilor Thompson. Councilor Buffum addressed the confidentiality clause in the contract. Tom Edmondson stated that education is the only tool that the public health department has at this time. There is no cure for aids. Mr. Edmondson also explained that he does not see that local tax dollars would be necessary to support this program. Federal dollars are being provided. Councilor Kirkham noted that they would have to hire someone to fill this position and provide office space and furniture. Mr. Edmondson explained that this staff member will pick up some of the slack in their department. He foresees continuation of this program into the future. Councilor Thompson hopes this program will attack the drug users. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8b RESOLUTION NO. 25-89 RESOLUTION TO APPROVE AND INCORPORATE A STATEMENT OF MISSION FOR THE CITY GOVERNMENT OF WICHITA FALLS, TEXAS Moved by Councilor Kirkham that Resolution No. 25-89 be passed. Motion seconded by Councilor Thompson. i 156 Item 8b Cont'd Councilor Hirschi stated that he would like the resolution to have more teeth in it, and some language on what the staff should do. He further stated that the mission statement is meant to be submitted widely to city employees; however, he feels it should have some human language in it. He proposed certain changes and emphasis on the mission statement. Moved by Councilor Kirkham that it be amended to state "seek and maintain" in the second paragraph. Motion seconded by Councilor Barenberg. Councilor Buffum emphasized that he feels the majority of our employees are presently maintaining high standards of excellence. The motion for passage of the amendment carried unanimously. Moved by Councilor Hirschi that "Statement of Mission" be capitalized throughout the body of the resolution, and to change the last paragraph to add an evaluation and review of each departments programs during budget preparation. Motion seconded by Councilor Thompson. Councilor Kirkham expressed his opposition to evaluation of departments during budget process. Councilor Buffum was also opposed to this. Moved by Councilor Buffum that the last sentence of the last paragraph be stricken from the resolution. Motion seconded by Councilor Barenberg. Councilor Hirschi commented that he meant for a statement to be included in each department' s narrative at budget time on what they are doing about the mission statement. Councilor Kirkham explained that budgets are submitted to the City Manager, and not the Council. He does not see a formal requirement for input into the budget. Councilor Buffum agreed with the comments made by Councilor Kirkham. The question was called by Councilor Barenberg, seconded by Councilor Kirkham, and carried unanimously. The motion to amend the amendment carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: Councilor Hirschi Moved by Councilor Thompson that the City Manager report on the evaluations of each department during his annual review with the City Council. Motion seconded by Councilor Hirschi. Councilor Kirkham disagreed with this procedure, stating it is up to the Council on what they evaluate him on; not something in a resolution. The motion failed by the following vote. 157 Item 8b Cont'd Ayes: Councilors Hirschi and Thompson Nays: Mayor Goolsby, Councilors Thomas , Barenberg, Buffum, and Kirkham Councilor Kirkham called the question on the amendment as amended. It carried unanimously. The resolution, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council recessed at 10 : 00 A.M. , and reconvened at 10: 20 A.M. Item 9a Discussion was held on award of bid for 175 trees. City Attorney H. P. Hodge explained the new law on method of resolving tie bids. If the tie bid is between two parties , and one is a citizen of the city and one is not, then the new law requires that the bid goes to the local bidder. He suggested wording for award of these bids. Moved by Councilor Barenberg that Harris Nursery be awarded the bid for purple leaf plums in the amount of $255 ; that James Anderton Grass and Nursery be awarded the bid for all items on which they were low bidder, except purple leaf plums, in the amount of $11,817. 50, and Wichita Valley Tree Service be awarded the bid for all items on which they were low bidder, in the amount of $821. 54. Motion seconded by Councilor Buffum, and carried unanimously. Item 10a Mayor Goolsby noted that this item has been posted for discussion only, and no action will be taken today. Mr. Bonnett directed his remarks to the memorandum in the agenda, stating that they need 5. 4 million dollars to run the refuse service. Our cost of service study should be viewed as a management tool. If they drop rates in one mode, then they have to raise rates in another. He stated that they are undercharging residential, and overcharging business. This is a major trend. This city is not unusual, and they should not be compelled to make a change predicated on the national trend. Nathan Brown, 2403 9th Street, along with Betty Butler and John Barnes, made presentations pertaining to the rates. They do not find much fault with the rate study. Mr. Brown noted rates at apartments and mobile homes. He presented information to the Council. Betty Butler, 3900 Lenore Street, explained that they are here to ask for fair and equitable treatment. They would like to see two classifications--residential and commercial. They are willing to pay whatever all other dumpster users are paying. 158 Item 10a Cont'd John Barnes, 2944 5th Street, requested the Council to study the inequities in the present rate structure, and provide a rate structure which is fair and equitable to all users. He read the results of a study made of apartment complexes and mobile home parks. Councilor Buffum commented that the inequities need to be addressed, however, they do have a method of passing this cost off to individual owners. It is the degree of inequity that needs to be addressed. Councilor Barenberg emphasized the importance of planning for our future costs, stating that we are getting short on land, and incineration has a risk to it. Councilor Hirschi stated there are two classifications of residents in the city; those in single family units, and those in mobile home parks. He addressed the readiness to serve charges being applied only to residents in apartments and mobile home parks. As in most commercial buildings they can cut back on the number of dumpsters they have, but mobile home parks may not be able to do this. Mr. Brown stated they would be more than happy to work with the staff if that would be of benefit to the staff or council. Councilor Kirkham emphasized the need to be studying now how we are going to do this. Councilor Thompson would like to hold a workshop on this in the future. It is up to the Council to determine how we get the 5 . 4 million to operate the refuse service. Councilor Kirkham noted that many of the people who live in mobile homes are not low income. Mayor Goolsby noted that previous councils did not have the study that we have today. He anticipates some adjustments in the future. He believes we should not be in a great hurry about this study, but try to do it with fairness to all. Councilor Thomas commented that the rates were probably low when the previous policy was set. It may have been raised on a percentage basis. Councilor Buffum suggested that since he and Councilors Barenberg and Kirkham were set up as a task force on funding of outside agencies, he feels this would be an appropriate group to work with the staff, and others, on it. Mayor Goolsby suggested that three alternatives be selected, and let the Council go from there. Moved by Councilor Buffum that a task force be formed, composed of Councilors Barenberg, Buffum, and Kirkham, for the sole purpose of meeting with staff and selected members, and put together a proposal of three alternatives to present to the Council within 90 days. Motion seconded by Councilor Thompson, and carried unanimously. Item 10b No change was made in the date of the March 21, 1989, council meeting. Item 10c A public hearing was set on March 9, 1989 , on the request of Claudio Ramirez , Sr. for a limousine service. 159 Item 10d Joe Brown, 4116 York, offered the City a satellite farmers market at the 4-H Barn for a share of the revenue to help pay expenses. The Council felt it would hurt the downtown market; that private development should operate another market. It will have to be studied. Alfred S. Tucker, 4205 Northwest Freeway, and partner in Falls Cab Company, stated that this past week-end another taxicab company in Burkburnett was operating from Sheppard Air Force Base. If this continues, they can look at the other small towns taking the business out of Wichita Falls. Mayor Goolsby requested that the City Attorney' s office look at this to see if there are any violations. The Council recessed at 11: 40 A.M. , and reconvened at 11: 45 A.M. Dick Noe, from MSU Small Business Development Center, updated the Council on their activities. He stated that the 1989 budget must be submitted by the first of March. He asked the City to consider them when they start their 1989-90 budget cycle. He requested consideration of $25 , 000 for outside agency funding. Mr. McKinney explained that another program at MSU is separate from this one. Lindsey Walker, 1411 Trout Street, noted that the economic program he was involved in is still on paper, but not active. He feels it should not go away, concerning employment. Mayor Goolsby explained that his idea was good, but they were just not able to see any jobs created for the money they had invested. This has to come from private investment. Councilor Buffum highlighted the TIF Zone, health care programs in the downtown area, etc. Councilor Thompson feels that people in the community should communicate with each other; noting that those who are merchandising drugs always have jobs available. If we can get TIF and the Enterprise Zone off the ground, maybe there will be some light at the end of the tunnel. The Council recessed at 12: 10 P.M. and reconvened at 12: 50 P.M. Item 10e Councilor Thomas addressed taxes, stating that Wichita Falls residents pay 69. 2 percent of all ad valorem taxes in Wichita County. He suggested that we might look into an area fire department for the city and county. He feels it would be a benefit to both city and county to use professional people. Mr. Berzina noted that water supply and coverage are two things we run into. They can put some facts together and bring it back to the Council. He will visit with the fire chief to lay out some perimeters, and go from there. Councilor Buffum expressed appreciation to Life Line Ambulance Service for the CPR training. Mayor Goolsby stated that an official letter had been sent to them. i 160 Item 10e Cont'd Councilor Hirschi mentioned trails bids. Mr. Bonnett explained they were scheduled for opening this week, but they would not be ready by Fallsfest. Mr. Berzina stated that the river walk is still being engineered. Councilor Hirschi commended Jim Dockery on the cemetery maintenance fund report. He suggested that something be done to get the public involved. Mayor Goolsby asked Councilor Hirschi to work with the staff on this, and bring it back to the Council. Councilor Thomas noted that when the City took over Rosemont Cemetery, a group contributed $50, 000 for capital improvements, and it was used that way. It was not a fund for perpetual care. Councilor Hirschi asked for a report on the water resource task force. Mr. Berzina would like to discuss this with him. I Mayor Goolsby noted that the TIF study has been received, and they are interested in trying to understand fully the structure of the organization before they go any further. He has asked the TIF Board for their explanation of the organizational structure. Robert Parker reported on the Weather Bureau situation. There are three plans by the Department of Commerce. Virtually all of the tornado calls come from the watcher system, rather than the Weather Bureau. Mr. Parker stated that a Doppler weather radar in Frederick, Oklahoma would be better than our local weather bureau. As technology has increased, we will go with a more consolidated system. Mayor Goolsby asked if we sacrifice safety for this area if this happens, and Mr. Parker stated it depends on where the radar station is located. Councilor Kirkham stated that if we have a radar site at Lawton or Frederick, the interpretation would be made by someone other than at those locations. We need to be writing letters to our congressmen. Councilor Thomas stated that a Doppler system shows a cell, but does not show where the strongest cell is located. With the communications we have in radio, they are not capable of going much over 50 miles from the City. If a cell is located, one of our operators goes to the weather bureau with this information. Without somebody providing some kind of local radar service, it will damage the local radio people from being able to go to the weather bureau. Councilor Barenberg stated that a Doppler system could detect certain things as much as one hour in advance, that the human eye cannot see. Councilors Thomas and Kirkham suggested that we push for a Doppler radar system in Wichita Falls. Mayor Goolsby suggested writing letters and sharing with them the tornado conditions which have existed in our area for many years. He has talked to some people who stated that we are not going to be giving anything up, but he feels we need to write the letters outlining our concern. Mr. Parker will check with Sheppard Air Force Base to find out about their capabilities. 161 Item 10e Cont'd Mayor Goolsby will write a letter to Congress on behalf of the Council, not to sacrifice our safety. Mr. Parker also addressed the flight service station, stating that it has been mandated, and it is going to happen whether we want it or not. Three or four years ago we tried to get the site in Wichita Falls, but were not successful because Fort Worth had the equipment in place. Councilor Kirkham noted that the flight service station and weather bureau are both losses to our community, and feels we should express our concern for our community. Councilor Buffum feels they should consolidate. Items 10f, g The City Council recessed into executive session at 1: 42 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 2 : 30 P.M. Moved by Councilor Thomas that the staff be authorized to negotiate a settlement with the rental car operators at the airport over payments due to the City, and report back to the Council. Motion seconded by Councilor Hirschi, and carried unanimously. The City Council adjourned at 2 : 31 P.M. PASSED AND APPROVED this the /-71k, day of J`lle-16 1 , 1989 . Perry oolsby, May r ATTEST: f r Wilma J. Th mas, CMC/AAE City Clerk