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Min 03/07/1989 162 Wichita Falls, Texas Memorial Auditorium Building March 7, 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 Angus Thompson Robert Barenberg Councilors Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Charles Thomas Absent The invocation was given by Richard Nourse, Trinity Presbyterian Church. Item 3 Jan Stricklin introduced Roger Dale Fowler, a fire department employee, as Employee of the Month for March. Chief James noted the accomplishments of Lieutenant Fowler. Mayor Goolsby presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Mayor Goolsby presented proclamations to the Jaycees, for Jaycee Week, Association of Retarded Citizens, for Retarded Citizens Month, and to the Demolay organization, for National Demolay Week. Mayor Goolsby spoke to the editorial he saw in the morning paper, stating that he took issue with the statement that the Council has lost credibility. He does not believe this is true. He believes the citizens of Wichita Falls expect us to be informed. They went there for no other purpose than to be informed; not to take deliberation. Item 4 Moved by Councilor Kirkham that minutes of the meeting held February 21, 1989, be approved with the correction of the maker of the motion to amend (to Councilor Kirkham) in Item 8b, and to correct the spelling of the name "Noe in Item 10d. Motion seconded by Councilor Barenberg, and carried unanimously. Items 5a-7d Items 5b, 5c, and 6c were moved to the regular agenda. Moved by Councilor Barenberg that the consent agenda be approved. Motion seconded by Councilor Buffum. 163 Item 5a RESOLUTION NO. 26-89 RESOLUTION NAMING ELECTION OFFICIALS FOR MAY 6, 1989, CITY ELECTION Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 27-89 RESOLUTION TO AWARD BID FOR WORK AT JASPER STREET WATER TREATMENT PLANT Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6b RESOLUTION NO. 28-89 RESOLUTION TO AWARD BID FOR JANITORIAL SERVICES AT THE CYPRESS AND JASPER STREET WATER TREATMENT PLANTS Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7 Minutes of the meetings of the following boards and commissions were received. a. Kemp Public Library Board - January 17, 1989 b. Planning and Zoning Commission - February 8 , 1989 C. Zoning Board of Adjustment - February 15 , 1989 d. Human Relations Commission - February 18 , 1989 Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5b RESOLUTION NO. 29-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR CONTRACT WITH THE NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION, INC. Moved by Councilor Hirschi that Resolution No. 29-89 be passed. Motion seconded by Councilor Thompson. Councilor Kirkham stated that he will not discuss or vote on this item because he is a member of that association. Councilor Hirschi addressed the wording of Paragraphs 1 and 2 of the contract pertaining to the staff member and procedure. Mr. Murphy clarified the procedure they would I 164 Item 5b Cont'd follow, which would be recommendations through the officers and association. Mr. Berzina also explained that the association has its own review agency and their officials, and can deal with this. Following a ruling by the City Attorney, Councilor Kirkham confirmed Mr. Berzina' s comments. The question was called by Councilor Thompson, seconded by Councilor Buffum, and carried unanimously. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, and Buffum Nays: None (Councilor Kirkham abstained. ) Item 5c RESOLUTION NO. 30-89 RESOLUTION ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS Moved by Councilor Barenberg that Resolution No. 30-89 be passed. Motion seconded by Councilor Hirschi. Councilor Hirschi confirmed that these properties were tax foreclosures. Mrs. Chasteen noted that all entities involved in the suit are interested in getting them back on the tax roll. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, and Kirkham Nays: Councilors Barenberg and Buffum Item 6c Moved by Councilor Hirschi that the bid for annual flowers be awarded to Plantland Industries, in the amount of $9,165 , and to Nortex Industries, in the amount of $7, 680. Motion seconded by Councilor Barenberg. Councilor Hirschi asked how close we are on budget? Mr. Murphy stated that we went slightly over, but they have adequate funds in other accounts. Councilor Hirschi requested this information on future bids. ` The motion carried unanimously. Item 8a A public hearing was opened on the request of Claudio Ramirez , Sr. , to operate a limousine service in Wichita Falls. Alfred S. Tucker, 4205 Northwest Freeway, stated that Falls Cab Company opposes this limousine service in Wichita Falls. He stated that Ramirez Cab Company has been illegally running a limousine for almost two years, stating that he uses this limousine as a solicitation from Sheppard Air Force Base. He stated that he sits in front of the nightclubs, and sends 165 Item 8a Cont'd someone in to solicit, and takes them back to Sheppard Air Force Base. He mentioned two other limousine services which could not economically operate here in this city. He believes there is no need for a limousine service in Wichita Falls. Councilor Barenberg stated that he was approached by a citizen who requested his name be withheld, who stated that there are cabs running in the City in excess of the number which have been approved. Mr. Tucker stated this is true. Councilor Barenberg asked if the City is making spot checks for proper credentials? Mr. Berzina explained that he could not address the numbers of cabs out there, but he knows there are spot checks being made. Councilor Hirschi asked if they were having a problem with a cab company outside Wichita Falls? Mr. Tucker stated this has been eliminated. They now have permits with Ramirez Cab Company to operate, and their registration as a cab company in Burkburnett has been withdrawn. Councilor Hirschi asked if our present ordinance prohibits another town from running in Wichita Falls, and picking up people in Wichita Falls? City Attorney H. P. Hodge stated that our ordinance does not allow this, and he confronted these people face to face. Mr. Tucker stated they operate nine cabs now, but will come back later and ask for additional cabs to have extras. They have had no calls for limousine service since the first of January. He stated they oppose the limousine service because they do not think there is sufficient business for it. He is concerned with how it will be supported. He stated it will be used to supplement their cab service. Mr. Hodge stated that we need to look at the difference between a limousine and a taxicab. A limousine does not have to meet all of the same requirements as a taxicab. If Mr. Ramirez gets a license to operate a limousine, he will have to use it only in that manner. He cannot use it as a taxicab. He mentioned that two companies were previously licensed to operate a limousine, and he guesses there was no need for the service. Mayor Goolsby expressed concern about getting taxicab problems resolved, stating that in the ten months he has been on the Council, they have addressed taxicab problems in fifty percent of the meetings. He suggested looking at some method of resolving these problems before they come to the Council. Councilor Barenberg suggested that Mr. Parker set up some mechanism to see how many cabs are operating without a license. Steve Ramirez, 2013 Elizabeth, requested a limousine permit in Wichita Falls, stating that the brown stretch cadillac has never been used for a taxi. They propose to use it for weddings, proms, anniversaries, etc. He stated they purchased it in November. They had another cadillac which they used as a taxi; not a limousine. He stated that he receives calls for a limousine, but tells them he cannot operate it yet. Mr. Hodge addressed the limousine requirements set out in the ordinance. Mr. Ramirez stated they charge $75 for the first hour, and $60. 00 for each additional hour. He also stated that he would not, at any time, use it as a taxicab, and that he can make a go of it. Councilors Buffum and Thompson expressed that it is up to the company if they want to take a risk. It is a matter of free enterprise. 166 it Item 8a Cont'd I Claudio Ramirez , Jr. , 302 Fillmore noted that the limousine will only be used for weddings, anniversaries, etc. It will be leased for a minimum of one hour. The public hearing was closed. Moved by Councilor Buffum that the staff be directed to E work up a suitable item for allowing Mr. Ramirez to operate a limousine service in Wichita Falls. Motion seconded by Councilor Barenberg, and carried unanimously. Item 9a ORDINANCE NO. 14-89 ORDINANCE AMENDING CHAPTER 31 , ARTICLE III OF THE CODE OF ORDINANCES WHICH REGULATES LIMOUSINES AND SPECIAL SERVICE VEHICLES Moved by Councilor Thompson that Ordinance No. 14-89 be passed. Motion seconded by Councilor Hirschi. Councilor Kirkham clarified the definition of a special service vehicle. Jim Dockery addressed questions concerning the schedule of rates being required, and passenger capacity. Councilor Kirkham believes we need more enforcement of this ordinance. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9b ORDINANCE NO. 15-89 ORDINANCE AMENDING ARTICLE II OF CHAPTER 18-1/2 OF THE CODE OF ORDINANCES AND AMENDING SUBSECTION 102. 5 OF ORDINANCE NO. 2733 , THE PLUMBING CODE, TO COMBINE THE MECHANICAL CODE BOARD OF ADJUSTMENTS AND APPEALS AND THE PLUMBING ADVISORY BOARD AND ESTABLISHING A PLUMBING AND MECHANICAL BOARD OF ADJUSTMENTS AND f APPEALS F Moved by Councilor Buffum that Ordinance No. 15-89 be passed. Motion seconded by Councilor Thompson. ' Reasons for the combined board were discussed. Mr. McKinney explained that it was agreed by the combined boards that the merger would be in the best interest of the city. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Buffum, and Kirkham Nays: Councilor Barenberg 167 Item 9c ORDINANCE NO. 16-89 ORDINANCE WAIVING SECTIONS 22-1(a) (8 ) AND 22-1(a) ( 9 ) OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF FOOD AND SOFT DRINKS AND THE POSTING OF ADVERTISING DEVICES AT HAMILTON PARK TENNIS CENTER FOR A TENNIS TOURNAMENT TO BENEFIT DRUG FREE NORTH TEXAS, INC. , ON APRIL 21 , 22 AND 23 , 1989 Moved by Councilor Kirkham that Ordinance No. 16-89 be passed. Motion seconded by Councilor Hirschi. Councilors Barenberg and Buffum believe this to be an inappropriate request, stating it would be a bad precedent from the standpoint of the City. Moved by Councilor Kirkham that sub-paragraphs (b) and (d) be deleted; that we not waive any fees the City should collect. Motion seconded by Councilor Buffum, and carried unanimously. The motion, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9d ORDINANCE NO. 17-89 ORDINANCE AUTHORIZING THE CITY TO JOIN WITH SELECTED TEXAS CITIES ON SEEKING PASSAGE OF A BILL ON INDIGENT HEALTH CARE AND APPROPRIATING FROM EQUITY $20, 000 Moved by Councilor Barenberg that Ordinance No. 17-89 be passed. Motion seconded by Councilor Hirschi. Councilor Thompson asked how this will affect indigent care in the city, and Mr. Berzina addressed the history of indigent care in Wichita Falls and the State. There are five cities who own a city/county hospital. It set up a separate section that says there is no cap on maximum per patient. it makes them ineligible to make themselves available to state funds. Of these five counties, it would make them totally responsible for indigent care. This bill would clearly define indigent care as the responsibility of the county. Councilor Barenberg stated this bill in no way affects care of the indigent, but how it is paid for. Councilor Thompson expressed his concern that medical care not be lowered. Mr. Berzina mentioned the contract which exists between entities in this city, stating the amount of indigent care will not go down. At some point in the future we may ask for greater relief. We are residents of the city as well as the county. This is to make sure we won' t provide it twice, if only the county is charged with its responsibility. i 168 Item 9d Cont'd The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None The Council recessed at 10: 10 A.M. , and reconvened at 10: 26 A.M. Item 10a RESOLUTION NO. 31-89 RESOLUTION TO ESTABLISH WATER RESOURCES COMMISSION AND DEFINE THE STRUCTURE, OBJECTIVE AND FUNCTIONING OF THE COMMISSION Moved by Councilor Thompson that Resolution No. 31-89 be passed. Motion seconded by Councilor Kirkham. Councilor Hirschi clarified the term of chairman, then moved that the last clause of Section 2 be stricken, and insert "and shall be eligible for re-election. " Motion seconded by Councilor Barenberg, and carried unanimously. The motion, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10b RESOLUTION NO. 32-89 RESOLUTION SUPPORTING PASSAGE OF HOUSE BILLS 327 AND 328 BY THE TEXAS LEGISLATURE, SAID BILLS RELATING TO CREATION OF THE OFFENSE OF TRANSFERRING AN UNLABELED MOVIE VIDEO, AND CREATION OF AN OFFENSE FOR THE SALE OR RENTAL OF GRAPHICALLY VIOLENT MOVIE VIDEOS TO MINORS Moved by Councilor Buffum that Resolution No. 32-89 be passed. Motion seconded by Councilor Barenberg. Councilor Buffum strongly recommended this resolution because of graphically violent material being made available to minors. Councilor Barenberg feels we should take some local action, which would be leadership in the state. It would create another category that would point out those videos that combine sex and violence. Further discussion of violence continued, with toys being mentioned, and the Council ' s desire to do what they can to change directions. The motion carried by the following vote. 169 Item 10b Cont'd Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10c Discussion was held on a proposed resolution approving the award of a bid and a contract for the Lucy Park River Trail II project. A motion was made by Councilor Thompson, and seconded by Councilor Barenberg for its passage. George Berre, Vice-President of Thacker and Berre Construction Company, appeared as the second low bidder in the bid tabulation. He cited an example of tennis court specifications several years ago. From that previous experience, he believes you still have to go by the specifications. The City Engineer warned everyone about the requirement for a duplicate bid. Everyone knew Mr. Bowles bid could not be accepted because it was not in duplicate. He was told on the tennis court bid that specifications could not be changed. He asked the Council to carry this forward on this job. Councilor Hirschi noted that the problem is in 9.2, which authorizes the owner the right to reject any and all bids, and waive certain informalities. Mr. Hodge discussed the law in relation to re-bidding. Councilor Barenberg was concerned about the enormous difference in price. Mr. Berre noted that other bids were read which also did not contain duplicates. He passed out a letter of opinion from his attorney. The definition of the word "punitive" in the context of the letter was discussed. It was unclear what it meant in this case. Mr. Hodge explained from a legal standpoint the Council could reject all bids and re-bid it, but it puts a burden on all bidders who have given a good, solid bonafide bid. City Engineer Bill Parker explained that he would have given Mr. Berre the same answer on the tennis courts as was given to him by someone else. A short time after he came, they required that bids be submitted in duplicate for various and valid reasons. For the first few bids that were opened, very few contractors turned in duplicate bids. The provision that was not met in no way affects the job, the finished product, or anything else. He noted that Garza, Burkett, and Bowles did not submit a duplicate bid. We can waive the technicality and save the City thousands of dollars. Jeanie Thompson stated that until you open the envelope you do not know what is in it. She stated that Mr. Reed asked them about duplicate bids while she was picking up the bids from the City Clerk' s office. She stated that she explained to them that they would open and read them all, but they will be further reviewed later. If there was anything that was done, she does not want Mr. Berre to feel it was manipulated. Mr. Parker stated this was the first time for Potter Bowles to bid an engineering contract. Mr. Parker would discourage re-bidding. Councilor Hirschi expressed concern with the specific instruction to provide two copies. I 170 Item 10c Cont'd Mr. Berzina commented on the resurfacing of the tennis courts, stating that was a substantive issue of how the job will be done. He does not believe this lack of xerox copy has anything to do with how the job will be done. If we had strict adherence to the bid, we would have had Potter Bowles here today instead of Mr. Berre. He recommended that it be re-bid, stating there is too much difference in the bids. Councilor Kirkham expressed concern about rules which you do not abide by. You cannot set it aside one time and not another. Mr. Parker stated their bidding notices have already been reworded. Mr. Bonnett explained that they try to review all bids, and try to pick up the inconsistencies. They will be changing all specifications to require two copies, but they will drop that phrase. Rarely do they get a bid that is absolute in every detail. They try to work with the bidders in pre-bid conferences. It is quite complex, and they try to make a recommendation to the Council that meets the needs of the job. Councilor Barenberg felt we should have a review of all departmental bids before they go out. Councilor Buffum asked Mr. Parker about his bad experience in re-bidding. Mr. Parker stated you won' t get as many bids, and they will back off from bidding other jobs. This does state that the Council has the authority to waive informalities. In good conscience, the staff could not throw back $20, 000. Sometimes bids come in high, and sometimes good bidders will not re-bid the project. Councilor Buffum pointed out that in this case the staff has waived the informalities; not the Council. He does not see anyway this can be interpreted other than the fact that they should have been handed back to anyone who did not have two copies when the envelope was opened. Mr. Hodge explained that we are looking at a bid that is not exactly right, and we hand it back. The bidder comes up to the Council and says the staff threw it out on a technicality. Where there is some question of whether the bid is acceptable, you better go ahead and read it. Now, if the bid is late, there is no way you can accept it. The competitive bidding system is for the protection of the public. The law gives the Council some flexibility in waiving informalities. When you are asked to waive something as a technicality or informality, look at it as if it will affect the execution, performance, or guarantee of the contract. If you are going to have a system for the protection of the public, it has to have integrity. The Council has to decide on the basis of the sentence about bids not being considered. Mayor Goolsby noted he doesn' t think the staff has the authority to waive specifications. Councilor Kirkham noted that he does not think the staff has waived anything. Three bidders did not have duplicate bids. Councilor Buffum stated that by our own wording, he feels the bids should be returned. Miss Thompson stated that she made it clear to all bidders that every one of the bids would be considered. She stated it is a judgment call, rather than a question of honesty. Mayor Goolsby remarked that if the bids had never been read out loud, they would not have known they had a better bid. Mr. Berre stated he is not asking the Council to re-bid the job, and he does not want them to do it. He does not know whether he would re-bid the job if they did. 171 Item 10c Cont'd Mr. Berzina stated that the way out of this, in his mind, if they are not comfortable with either of these situations, is to re-bid it. He believes people will sharpen their pencils, and give good bids. Moved by Councilor Barenberg that all bids be rejected in entirety, and re-bid the project. Motion seconded by Councilor Hirschi, and carried unanimously. Mr. Bonnett apologized for putting the Council in this position, stating that the language will be changed. Item 11a was pulled from the agenda. Item 12a Vernal L. Huffines, of Mathis, West, and Huffines, presented the audit report to the Council. Councilor Buffum noted that the report is extremely complimentary to the staff. Mr. Huffines addressed close-out procedures by the city staff which they felt needed some adjustment. Councilor Buffum noted they are constructive comments. Item 12b Charles Harper, 2501 Amherst, suggested the appointment of a task force to set aside April 9, 1989, as a day of thanksgiving and remembrance on the tenth anniversary of the tornado which destroyed much of our city on April 10, 1979. Mayor Goolsby stated they would try to do something for the city. Item 12c Councilor Thompson noted concerns about the lack of economic development and enterprise zone in District Two. He also mentioned lights to be installed on the Emanuel Davis overpass during the month of March. Mr. Berzina also answered his questions on Seventh Street railroad crossing. He also asked about dirty dancing classes sponsored by Parks and Recreation. Mr. Murphy explained it is supported by the people who participate. Councilor Kirkham mentioned the taxicab situation. He believes our ordinance spells out what should be accomplished, and who should accomplish it. He stated that he has yet to see that ordinance followed. He believes if it is followed, they would be as well informed as anyone else. Mr. Berzina will look at it to see that it is put in proper perspective. Robert Parker explained that some of these reports are perceived, and not all fact. The cabs which have been inspected are all right. They will address those when found to be in violation. Councilor Hirschi asked about the railroad museum, which was addressed by Councilor Barenberg. He also mentioned a specific bill before congress on collection of sales tax from catalog orders. He also asked about a letter to lobby American Eagle and Atlantic Southeast to change their names to American and Delta Airlines. Robert Parker explained there is no need in pursuing this. Councilor Hirschi mentioned a drug analysis lab being opened in Wichita Falls by DPS. Police 172 Item 12c Cont'd Chief Harrelson stated they would encourage this re-opening. He also asked about the sanitation rate study with reference to apartment and mobile home people. Mr. Bonnett stated the committee has met. Councilor Barenberg appreciated Mr. Parker' s comments on the taxicab business because he suspects he is being fed garbage, or less than factual information on it to stir up trouble. He mentioned spot checks on it. Mr. Parker noted that the word "perceived" is the main thing. If they catch someone cheating, they will put them out of business. They will work with Major Davis on appropriate action which should be taken. Councilor Buffum mentioned that the only access to the Loch Lomond area is off Hatton Road. He expressed concern about access if Hatton Road were blocked. Roger McKinney stated that is an area they addressed in their urban development program. Councilor Buffum also explained that the refuse task force will meet every Tuesday between the council meetings. On March 14 they will have a briefing by Mr. Bonnett. On March 28 they would like by invitation for people to come forward and ask questions and express concerns. He presented future plans for this task force. There was no business brought forth under Item 12d. Items 12e-g The City Council recessed into executive session at 12: 50 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 2: 10 P.M. Moved by Councilor Barenberg that Jeanne Wakeman be appointed to the Commission for Disabled Persons, for a term to expire May 31 , 1990. Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Barenberg that Ralph Perkins be appointed to the Building Board of Adjustments and Appeals, for a term expiring December 31, 1989, and that William S. Duke be appointed for a term to expire December 31, 1990. Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 2: 13 P.M. PASSED AND APPROVED this the � day of <; 1�t,�� ✓ , 1989. Perry: Goolsby, Malor ATTEST: Wilma J. T omas, CMC/AAE City Clerk