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Min 03/21/1989 i 174 Wichita Falls, Texas Memorial Auditorium Building March 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. Charles Thomas Mayor Pro tem Angus Thompson Robert Barenberg Councilors Don Kirkham Louise Houseworth Assistant City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Perry Goolsby Absent John Hirschi Absent Ron Buffum Absent James Berzina Absent The invocation was given by Keith Hill, Fain Memorial Presbyterian Church. Mayor Pro tem Thomas explained that due to the illness of Mayor Goolsby, his doctor ordered that he remain at home today. Item 3 Moved by Councilor Barenberg that minutes of the meetings held March 7 and 17, 1989, be approved. Motion seconded by Councilor Kirkham, with the notation of the misspelling of the word "that" in Item 5b. The motion carried unanimously. Items 4a-7c Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by Councilor Barenberg. Item 4a ORDINANCE NO. 18-89 ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT ADVERTISING SIGNS IN JAYCEE PARK ON APRIL 15, 1989 FOR THE Y.A.A.C. CONCERT Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None 175 Item 4b ORDINANCE NO. 19-89 ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW AT THE NOTRE DAME HIGH SCHOOL 13TH ANNUAL SPRING FESTIVAL ON MAY 5-7, 1989, AND AUTHORIZING TEMPORARY ON-PREMISE SALE OF WINE AND BEER PURSUANT TO SECTION 5420( 5 ) OF THE ZONING ORDINANCE Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 5a RESOLUTION NO. 33-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WICHITA COUNTY TO USE PUNCH CARD VOTING SYSTEM Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 5b RESOLUTION NO. 34-89 RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT DATED 7/16/86 WITH COMMAND DATA SYSTEMS FOR HARDWARE/SOFTWARE FOR POLICE MANAGEMENT INFORMATION SYSTEM Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 5c RESOLUTION NO. 35-89 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #100-174-0000 Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 6a RESOLUTION NO. 36-89 RESOLUTION TO ACCEPT WASTEWATER TREATMENT PLANT VALVE REPAIR PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None 176 Item 6b RESOLUTION NO. 37-89 RESOLUTION TO ACCEPT JASPER PAINTING PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 7 Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - February 1 , 1989 b. Kemp Public Library Planning Committee - February 16, 1989 C. Wichita Falls-Wichita County Public Health Board - February 24, 1989 Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 8a ORDINANCE NO. 20-89 ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, PERTAINING TO THE MUNICIPAL COURT, AS PART OF THE CITY COUNCIL'S EFFORT TO UPDATE OBSOLETE SECTIONS OF THE CODE OF ORDINANCES Moved by Councilor Barenberg that Ordinance No. 20-89 be passed. Motion seconded by Councilor Thompson. Councilor Barenberg asked about attempts around the state to get rid of the Court of Record. Judge Gillen stated he is not aware of any efforts to get rid of them. The ordinance today simply updates our Code of Ordinances. The motion carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 8b ORDINANCE NO. 21-89 ORDINANCE GRANTING A FRANCHISE TO CLAUDIO RAMIREZ, SR. , FOR OPERATION OF A LIMOUSINE SERVICE IN WICHITA FALLS Moved by Councilor Barenberg that Ordinance No. 21-89 be passed. Motion seconded by Councilor Thompson. 177 Item 8b Cont 'd Mrs. Lera Dwyer, 4301 Lake Park Drive, asked if a franchise meant exclusive rights, and City Attorney H. P. Hodge explained that it does not. Councilor Barenberg explained that if they want to take the risk, that is their business, but he wants everyone to understand that this is not a taxi, and can be used only as a limousine. Councilor Kirkham clarified that the five-year period for the franchise also applies to the taxicab companies. He also asked about the status of the committee to hear complaints from the taxicab operators. Miss Houseworth explained that it would be a staff committee set up, and if the Council agreed, it would be on the next council agenda. The motion carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 9a RESOLUTION NO. 38-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT WITH WICHITA FALLS SPECIAL EVENTS, INC. FOR CONCESSION SERVICES AT THE SOFTBALL COMPLEX Moved by Councilor Thompson that Resolution No. 38-89 be passed. Motion seconded by Councilor Barenberg. Councilor Thompson questioned the difference in the contract dates in the resolution and the first amendment to the contract. Mr. Hodge explained that it relates to the original contract date. The motion carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 9b Discussion was held on a proposed resolution approving fifth amendment to rental car leases at Municipal Airport with HCR Car Rentals and M & M Rental Services. A motion was made by Councilor Kirkham, and seconded by Councilor Thompson for its passage. Mr. Hodge suggested an amendment to the resolution to state that the fifth amendments are approved as soon as settlement agreements are signed. The motion and second were withdrawn. Moved by Councilor Kirkham that this matter be tabled until the contract is fully satisfied. i 178 Item 9b Cont'd Motion seconded by Councilor Barenberg, and carried unanimously. Item 9c RESOLUTION NO. 39-89 RESOLUTION DECLARING APRIL 10, 1989, AS A DAY OF REMEMBRANCE OF THE LOTH ANNIVERSARY OF THE WICHITA FALLS TORNADO Moved by Councilor Kirkham that Resolution No. 39-89 be passed. Motion seconded by Councilor Thompson. Miss Houseworth read the resolution. Councilor Kirkham suggested that the loth anniversary be identified in the fourth paragraph, which was agreeable to other council members. Councilor Barenberg noted that the hurt on the affected individuals is permanent, and every remembrance brings back flows of sub-conscious memory. He explained that the Council is in no way remembering the tornado. They are remembering the people and their response to the tragedy. It is not something that can be mentioned without bringing back those memories. There is no way we can ever overcome this. Councilor Thomas stated that he remembers the hundreds of people who came to the aid of the citizens of Wichita Falls, and the rebuilding done by the citizens. Councilor Thompson expressed that it is a rebuilding of the human spirit. The motion carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 9d RESOLUTION NO. 40-89 RESOLUTION REQUESTING THE STATE PUBLIC UTILITY COMMISSION TO GIVE CONSIDERATION TO THE MERITS OF SOUTHWESTERN BELL' S "TEXAS FIRST" PLAN Moved by Councilor Kirkham that Resolution No. 40-89 be passed. Motion seconded by Councilor Thompson. Mac McGee, Regional Manager of Southwestern Bell Telephone, explained that this is just a proposal and concept being placed before the Public Utilities Commission, and is not set in concrete. He explained that it would freeze basic local rates for five years, and reduce long distance access charges paid to Bell by long distance carriers. They would eliminate all four-party lines. They would put in place free calling from outlying cities near large service areas, such as Dallas/Ft. Worth, Houston, and San Antonio. 179 Item 9d Cont'd Councilor Barenberg stated that this plan is extremely controversial. He noted a 12-percent tax break which has never been passed on, and this disturbs him. Mr. McGee explained that he is correct on the tax change which took place over a year ago. The concept that this tax should have been turned back is somewhat misguided. The earnings were at the 11 . 8 percent level. They did exceed the tax rate by 12 . 1 percent last November for the first time ever. The earnings do take into consideration the tax rate. He stated both the company and the customer will benefit if they can do a better job. The updating of the equipment comes with the territory. He mentioned some areas which would be given electronic. switching with this proposal. Councilor Barenberg stated that the Texas Municipal League has come out very strongly against this plan. He feels we should, however, support what is good for Wichita Falls. Councilor Thomas noted that he is on the TML Board, and he has not heard anything that they are not supporting this. Mr. McGee explained that TML has taken a neutral position. There is a group headed by a former head of TML who have taken a position against it. He further explained that this in no way proposes any type of deregulation of the telephone company. Councilor Kirkham sees that the update of the 855 exchange would help our industries on the North side. He is not totally convinced that the Texas First plan overall is good. He hopes the Public Utility Commission will carefully review it. Mr. Hodge explained that this Texas First plan is part of a case that is going on. It is a very complex thing. The Council should be cautious in just saying that they 100 percent support what Southwestern Bell has presented, but the resolution as written points out there are some good factors to it, and would like the PUC to very carefully consider the good portions of it, but not just accept the whole thing. Robert Powers asked how this information will be presented before the PUC? Mr. McGee understands that copies of the resolutions will be sent to the Commission staff. The staff will use this in their deliberations. The Public Utility Commission will have the final word. The motion carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 9e RESOLUTION NO. 41-89 RESOLUTION APPROVING THE CITY'S PARTICIPATION IN A LANDSCAPE COST SHARING PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY AN AGREEMENT WITH THE STATE OF TEXAS, ACTING THROUGH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR THE PROGRAM Moved by Councilor Thompson that Resolution No. 41-89 be passed. Motion seconded by Councilor Barenberg. 180 Item 9e Cont'd Councilor Kirkham asked which program this falls into, and Mrs. Crane explained that this is a separate grant we have to enter into a contract with the highway department. Councilor Kirkham noted that the State will be planting the trees, and no budgeted money is being spent on this project except for labor. The motion carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 10a Moved by Councilor Barenberg that the bid for vending machine services for candies, snacks, and coffee be awarded to Automatic Vending, and that the bid of $1. 50 selling price and five ( 5 ) percent commission for cigarettes be awarded to Lone Star Music. Motion seconded by Councilor Thompson, and carried unanimously. Item 10b RESOLUTION NO. 42-89 RESOLUTION AWARDING BID FOR BRIDWELL PARK TRAIL PROJECT Moved by Councilor Thompson that Resolution No. 42-89 be passed. Motion seconded by Mayor Pro tem Thomas, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None Item 10c RESOLUTION NO. 43-89 RESOLUTION AWARDING BID FOR THE CDBG LYNWOOD EAST TRAIL PROJECT Moved by Councilor Thompson that Resolution No. 43-89 be passed. Motion seconded by Councilor Barenberg. Councilor Kirkham compared the costs of Bridwell Park trail to Lynwood East trail. Bill Parker explained that there may be some differences in site preparation. Greg Reed, Engineer, stated that this project has quite a bit more potential drainage problems. Ditches and re-seeding have been added, along with box culverts. The Bridwell Park is basically flat. The motion carried by the following vote. 181 Item 10c Cont'd Ayes: Mayor Pro tem Thomas, Councilors Thompson, Barenberg, and Kirkham Nays: None The City Council recessed at 9 : 55 , and reconvened at 10 : 10. Item lla Jack Blair, 1634 Harding, asked about buildings being torn down on the East side. Mayor Pro tem Thomas explained that they are removing dangerous structures all over the city due to complaints. Mr. Blair stated that someone sent him a letter telling him to clean up his property at 501 Jalonic, and he was already doing it. He asked when they were going to start on the parks on the East side, complaining that they are cleaning up on the West side, and not the East side. Mayor Pro tem Thomas referred him to Code Enforcement concerning demolition of buildings. He also explained that he would have to give the Council some specific instances. George Berre, 3611 Sheridan, read a statement to the Council regarding rejection of bids of Lucy Park trails. He requested reconsideration of the bids. His whole problem is that they read the bid, which was not in accordance with the specifications. He requested that the re-bid be postponed, and place this request on the next council agenda. Councilor Kirkham stated that this issue has probably caused more action than any other issue which has come before the Council. He feels they set aside a rule which should not have been set aside. We should have abided by the general rules of awarding bids in taking the lowest legal bid. The bid should not have been read. Lots of mistakes were made. He stated he made a mistake by not voting what his conscience told him in voting for the lowest responsible legal bidder. He requested that the item be brought back before this Board at the next council meeting for a decision. As a result of this action, not only has the City Council lost integrity, but the departments concerned in this bidding process have lost integrity. Councilor Thompson noted that it is not entirely the Council ' s fault, but a rule is a rule. He feels it should be placed on the agenda for the next council session, and allow all council members to vote on it. Mr. Hodge did not agree with Councilor Kirkham' s statement that it was not legal. He understands that we have advertised for bids, and a date is set for opening them at a date prior to the next Council meeting. If we open another set of bids before this we will really be garbled up. Perhaps we could get out an addendum and postpone opening of the bids. Councilor Barenberg stated it was his intent to be fair. He would like to let it go the way it was decided last time. Mayor Pro tem Thomas stated he has had quite a few calls on this. They are all saying we were wrong. He suggested that if it is put back on the agenda, someone should contact the other bidders, and delay the bid opening. Mr. Hodge stated he would strongly recommend that the staff get out an addendum to the bidders to say that the bid opening has been postponed. 182 I Item lla Cont'd Bill Parker stated there are six sets of specifications out. Bids are to come in on March 30. The job has not changed at all. Councilor Kirkham noted that some people had called and thanked him for saving $20,000. They were taxpayers--not contractors. Mr. Parker stated they have not opened any bids that there was not something wrong with them. Councilor Kirkham stated he has been on numerous bid opening projects. If a bid was opened that did not meet specifications or instructions, it was not read. He asked if they do this in every case, if it does not meet specifications? Mr. Parker stated they can be in as much trouble in opening it and not reading it because one of the staff has seen it. Miss Thompson stated the bid says the bid will be read, but it will not be considered. The Council is the one who considers it. The staff only recommends an award for their consideration. Mr. Berre stated the bid said it will not be considered, and it would be returned to the bidder. In response to Miss Thompson' s comment, Councilor Kirkham stated that if the Council is going to be responsible, then don' t open the bids until they come to the Council. The Council directed the staff to put this matter on the agenda for the next council meeting, and requested the staff to notify other bidders that bid opening would be delayed. Councilor Barenberg went along with this action, but was not in favor of it. Mr. Hodge explained that it is the Legal Department' s decision on opening bids. It does not take four votes to place this action on the next council meeting. The charter says it takes four votes to pass an ordinance or resolution. Item llb Councilor Barenberg mentioned the economic resurgence, stating there are three large corporations in town that will not allow pay for pharmaceutical products purchased by their employees in Wichita Falls. He wondered if this could be looked into. He also noted a meeting in Washington on issues relating to Wichita Falls, stating our government is faced with a very serious problem of how to finance our survival. It is going to affect us in the way of doing business as a city. He mentioned mandates from Congress or the State, stating that if it is mandated as a law, they will have to give us the money to do it. Health care was also mentioned by Councilor Barenberg, stating we are facing an enormous increase in costs. People are not getting the care they need. Everything he saw is at the expense of the people and the city. Title 89 was proposed, paying for medicare for every single employee, whether they use it or not. Councilor Thompson expressed appreciation that the lights will soon be installed on the Emanuel Davis overpass. He stated that he also went to Washington last week, and one of the points brought out was that there is no money. He 183 Item llb Cont'd visited a low income area, and found out that people themselves are doing something. Surely, if the people in Washington can do something, then so can the people in Wichita Falls. Miss Houseworth noted that Lawton has asked us to come to their city on June 28 for Olympic Day. She also passed out a letter from Senator Bentsen, and noted a contract from Denton on indigent care. Item 11c The City Council recessed into executive session at 11: 05 A.M. , according to Article 6252-17, Section 2 , Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 11: 54 A.M. Moved by Councilor Kirkham that Chester Ludlam be appointed to the Fire and Police Civil Service Commission for a term to expire March 1, 1992. Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Kirkham that Ruth Ann Allred be appointed to the Mental Health/Mental Retardation Board of Trustees for a term to expire August 31, 1990. Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Kirkham that Al Wilson be appointed to the Human Relations Commission for a term to expire December 31, 1989, and that Peggy J. Lovvo be appointed for a term to expire December 31, 1990 . Motion seconded by Councilor Barenberg, and carried unanimously. The City Council adjourned at 11: 56 A.M. PASSED AND APPROVED this the 6t day of 1989. Perry oolsby, May r ATTEST: Wilma J. Thomas, CMC/AAE City Clerk