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Min 10/18/1983 298 Wichita Falls, Texas Memorial Auditorium Building October 18, 1983 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. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson Howard M. Morris Horace 0. Boston James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer The invocation was given by Jack Dial , Evangel Temple Assembly of God Church. Item 3 Moved by Councilman Thomas that minutes of the meeting held October 4, 1983, be approved. Motion seconded by Councilman Morris, and carried unanimously. Items 4a-7c Items 4a and 6a were moved to the regular agenda. Moved by Councilman Boston that the remaining items on the consent agenda be approved. Motion seconded by Councilman Morris. Item 4b ORDINANCE NO. 131 -83 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5a- RESOLUTION NO. 202-83 RESOLUTION DECLARING CERTAIN LAND OWNED BY THE CITY IN BLOCK 163, ORIGINAL TOWN, TO BE EXCESS AND SURPLUS LAND, AND DIRECTING THAT SAID LAND BE ADVERTISED FOR SALE ON SEALED BIDS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5b RESOLUTION NO. 203-83 RESOLUTION TO APPROVE CONTRACT WITH JOE M. NALL AND ASSOCIATES FOR 299 Item 5b, cont'd. SPECIAL RATE STUDY FOR WATER PROVIDED TO THE CITY OF HOLLIDAY, TEXAS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5c RESOLUTION NO. 204-83 RESOLUTION TO APPROVE JOINT FUNDING OF WATER MONITORING PROGRAM WITH THE U.S. GEOLOGICAL SURVEY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5d RESOLUTION NO. 205-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN EASEMENT AGREEMENT FOR AN ELECTRIC DISTRIBUTION SYSTEM. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5e RESOLUTION NO. 206-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED LEASE AGREEMENT WITH THE SOUTHSIDE GIRLS CLUB. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5f RESOLUTION NO. 207-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH CARRIER BUILDING SERVICES FOR PREVENTIVE MAINTENANCE ON THE MEMORIAL AUDITORIUM AIR CONDITIONING SYSTEM. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6b RESOLUTION NO. 208-83 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF PLUM CREEK DRAINAGE CHANNEL, PROJECT NO. 55-627. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6c RESOLUTION NO. 209-83 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF SOUTHWINDS AND BRENDA HURSH DRAINAGE CHANNELS PROJECT NO. 55-625 & 55-628. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 300 Item 6d RESOLUTION NO. 210-83 RESOLUTION ACCEPTING THE PROVISIONS OF THE STATE HIGHWAY PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER NUMBER 81169-34 FOR ASSISTANCE IN THE RECONSTRUCTION ON BARNETT ROAD FROM FARM TO MARKET ROAD 369 TO U.S. 277 IN THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Items 7a-c Minutes of the meeting of the Park Board held September 8, 1983, were received. Ayes: Mayor Cook Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Minutes of the meeting of the Library Advisory Board held September 26, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Minutes of the meeting of the Arts Commission held October 3, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 4a ORDINANCE NO. 132-83 AN ORDINANCE PROVIDING FOR AND ALLOWING VESTING OF CERTAIN RIGHTS, AND FOR RETIREMENT UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM OF EMPLOYEES OF THE CITY OF WICHITA FALLS, TEXAS, WHO HAVE ATTAINED FIFTY YEARS OF AGE AND HAVE COMPLETED TWENTY-FIVE YEARS OF CRED- ITABLE SERVICE WITH CERTAIN CITIES. Moved by Councilman Harper that Ordinance No. 132-83 be passed. Motion seconded by Councilman Boston. Councilman Harper asked if this means that a person who works for the City would be completely vested after 20 years, but would not receive their money until age 60? Jan Stricklin, Personnel Officer, stated that after 20 years they would be fully vested, and can receive their retirement at age 60 if they do not with- draw their funds prior to that time. They can also retire with 15 years at age 60, with 28 years at any age, with 10 years, if disabled, with 20 years at age 60, and with 25 years at age 50. The program will be implemented on January 1 , 1984. Ed Barrett, Administrative Services Director, explained that this ordinance accomplishes all of this, but refers to the state enabling legislation. The Texas Municipal Retirement System in Austin stated that this is what is needed in the wording of the ordinance. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 301 Item 6a Moved by Councilman Thomas, for discussion, that bids be awarded as follows. a. White Paper Towels--Pollock Paper Company, $5002.00 b. White Wiping Towels--Empire Paper Company, $1 ,928.00 c. White Bath Tissue--Empire Paper Company, $3,443.75 Motion seconded by Councilman Morris. Councilman Thomas asked about the difference between brown and white towels? Dick Arndt, Purchasing Agent, stated that the departments that use towels prefer the white. It is primarily aesthetics. It costs about $1000 more for white towels. Councilman Morris asked about the weight. It was explained that the Scott is 25 pounds, and the Tagson is 30 pounds. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: Councilman Harper Item 8a RESOLUTION NO. 211-83 RESOLUTION APPROVING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO ELECTRA CONSTRUCTION FOR CONSTRUCTION OF FIRE STATION NO. 9. Moved by Councilman Wilson that Resolution No. 211-83 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8b RESOLUTION NO. 212-83 RESOLUTION AUTHORIZING CITY MANAGER JAMES BERZINA TO SIGN AND FILE WITH THE TEXAS WATER COMMISSION AN APPLICATION TO AMEND CERTIFIED FILING NO. 559 AND/OR CERTIFIED FILING NO. 792, TO AUTHORIZE IM- POUNDING OF WATER FOR RECREATIONAL PURPOSES IN LAKE WICHITA. Moved by Councilman Wilson that Resolution No. 212-83 be passed. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9a Councilman Harper stated that he had received two calls recently on speeding in the alley behind the new shopping center across from Albertson's. He requested that the City Manager look into this matter to see what can be done about it. Councilman Harper also asked if we have any ordinances regulating a party wall when a building is torn down next to it? He requested that we take a look at doing something about this. Most cities have some regulations on this. Councilman Harper asked if there is anything we can do about the rats in Wichita Falls, such as a poison program? The City Manager stated that he would try to get the answer if there is an acceptable program. 302 Item 9a, cont'd. Councilman Harper also asked about a possible ordinance on water reten- tion, which was discussed by the Flood Task Force? With 60 million dollars of new construction in the City, he wonders if a water retention ordinance might be in order now? Councilman Wilson stated that they determined this was an expensive method, and a burden for property owners, and there might be some other method. Councilman Swift stated that the Planning Board is not happy with the alley ordinance as it pertains to new developments. Nothing has been done about it. We need to take a look at it. Councilman Morris agreed, stating that there is a real problem with the ordinance as it is now written. Alleys are now required unless there is an acceptable method approved by the Director of Public Works. We have a hodgepodge now. The Council needs to make a decision on whether we will have alleys or not. Dane Bennett, Acting Director of Public Works, stated that if there have been previous commitments for alleys, then there is the requirement for that alley to go in. Most of the property being constructed now involves lower in- come type housing. It places a burden on this type of construction. They now have alleys for rear entrances, and they are requiring nine-foot reinforced alleys. He and the City Manager have discussed this in detail . They plan to try to address this in the new subdivision ordinance. Unless the City Manager and Council instructs him otherwise, he would like to continue with alleys for rear entrances. Councilman Morris agreed, stating that the Council needs to make some decision on alleys and trash pick-up. He believes it is unfair that some developers have to put in alleys, and some others are not required to put them in. Mr. Bennett stated that the greatest problem is future maintenance, and the cost. Councilman Morris asked if it is more cost-effective to pick up trash with one-man (mechanized) or have four or five men picking it up? He believed they needed a work session. Councilman Swift stated that plastic bags would figure in here, and he would like more information on it. The alley situation is something that can be corrected without too much of a controversy. City Manager James Berzina stated that he is not a big fan on alleys or mechanized collection. Alleys are a security risk. They are also a luxury. We need to have a work session to study this. The Planning Department is in the process of looking at this in the subdivision ordinance. Mr. Bennett stated that they are trying to go to 12-foot alleys because 9-foot alleys are extremely narrow for turning, etc. Councilman Thomas asked how the road in Kiwanis Park is proceeding? Bill Hursh stated that they will come back to the Council with a modified plan on streets at the next council meeting. Councilman Thomas also asked about the paving in the City View area, and if there is a time limit on it? Mr. Bennett stated that they were supposed to have it completed within 120 days after they have been given the order to proceed. This project has gone over a year. There have been some problems with the City getting utilities moved. It is one of the biggest headaches he has run into since he has been working for the City. It is long overdue. They met yesterday with the contractor and Bob Schleider to see what can be done about this. One water line was only found about a month ago, and technically their time starts all over. We are at fault. We may have to spend some resources from our Street Department to get drive approaches done. Councilman Wilson stated that he had received some comments from a contrac- tor about our whole paving procedure, and he suggested that our staff meet with a couple of contractors, and also someone from the State, so that we can resolve some of these problems. He asked if there had been any consideration of that type of meeting to resolve some of these problems involving time frames, payment, etc. ? Mr. Bennett stated that they have already discussed this with several of the contractors and the overall general contractor, and they plan to have this type of meeting before we let any more contracts. On these two particular con- tracts, they will be held to the 120 work days, and there will be damages unless there is some legitimate reason why they are delayed. Councilman Wilson requested that Mr. Bennett let them know how they change the procedure. 303 Item 9b The City Council recessed at 9:15 A.M. into executive session pursuant to Article 6252-17, Paragraphs (g) and (e) , of the Revised Civil Statutes. The meeting reconvened at 3:55 P.M. Moved by Councilman Morris that Maurice Armstrong be suspended without pay for 15 working days, beginning October 19, 1983, for dismissing certain tickets without proper authority, and for failure to correctly record entries on time sheets. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None The City Council adjourned at 3:56 P.M. PASSED AND APPROVED this — lst day of November 1983. Howard. M. Morris, Mayor Pro tem ATTEST: -_';t/"111 Wilma J. Thom&s, CMC, City Clerk