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Min 11/01/1983 304 Wichita Falls, Texas Memorial Auditorium Building November 1 , 1983 Items I & 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. Howard M. Morris Mayor Pro tem Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson Horace 0. Boston James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer Gary D. Cook Absent The invocation was given by John Muir, First Christian Church. Item 3 Moved by Councilman Thomas that minutes of the meeting held October 18, 1983, be approved. Motion seconded by Councilman Harper, and carried unanimously. Items 4a-9c Items 5a, 5c, 6f, 8a, and 8b were moved to the regular agenda. Moved by Councilman Boston that the remainder of the items on the consent agenda be approved. Motion seconded by Councilman Thomas. Item 4a Johnnie B. Vinzant, a Park Department employee, was honored as Employee of the Month for November. Mayor Pro tem Morris presented him with a plaque and two tickets each to a theatre and dinner. Item 5b ORDINANCE NO. 133-83 AN ORDINANCE ESTABLISHING A MAXIMUM SPEED LIMIT OF 15 MPH FOR ALLEYS IN THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 5d ORDINANCE NO. 134-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT WIDE NORTH-SOUTH ALLEY IN BLOCK 21-A, HIGHLAND ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 305 Item 5d, cont'd. ORDINANCE NO. 135-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A UTILITY EASEMENT RETAINED BY ORDINANCE 97-83, IN CANFIELD'S SUB- DIVISION OF BLOCK 263, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None ORDINANCE NO. 136-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF WYOMING CIRCLE. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6a RESOLUTION NO. 213-83 RESOLUTION APPROVING THE APPRAISALS OF PROPERTIES FOR AN EASEMENT TO ACCOMODATE AN EIGHT INCH FORCE MAIN AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6b RESOLUTION NO. 214-83 RESOLUTION APPROVING LEASE AMENDMENT NO. 3 WITH SMB STAGE LINES, INC. FOR LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT AND AUTHOR- IZING THE CITY MANAGER TO EXECUTE SAME. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6c RESOLUTION NO. 215-83 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 2 WITH THE DEPARTMENT OF TRANSPORTATION FOR LEASE AGREEMENT DTFA07-82-L-01014 FSS/FSO FOR LEASE OF SPACE AT THE WICHITA FALLS MUNICIPAL AIRPORT. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6d RESOLUTION NO. 216-83 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. I WITH RIO AIRWAYS, INC. FOR LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 306 Item 6e RESOLUTION NO. 217-83 RESOLUTION AUTHORIZING CITY MANAGER TO EMPLOY ATTORNEY GLYNN PURTLE TO PROVIDE LEGAL SERVICES IN CONDEMNATION CASE. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 7a RESOLUTION NO. 218-83 �ESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF KEMP PUBLIC LIBRARY ACCESSIBILITY MODIFICATIONS. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Items 9a-c Minutes of the meeting of the Design Review Commission held September 15, 1983, were received. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Minutes of the meeting of the Planning Board held October 12, 1983, were received. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Minutes of the meeting of the Kemp Public Library AdvisoryBoard held October 10, 1983, were received. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 5a ORDINANCE NO. 137-83 ORDINANCE GRANTING WAIVER OF SECTION 2 OF ORDINANCE NO. 2763 (SECTION 2301 .11 OF THE BUILDING CODE) FOR THE PURPOSE OF CON- STRUCTING A SUBDIVISION IDENTIFICATION SIGN ON THE MEDIAN OF HOMEWARD WAY. Moved by Councilman Thomas that Ordinance No. 137-83 be passed. Motion seconded by Councilman Harper. Councilman Harper asked about the location of the sign. Bob Parker, Traffic Director, stated that it would be located on the median. Councilman Harper was concerned that it be a break-away sign for safety. Mr. Parker stated that they could locate it wherever it was necessary, but that it would be quite a ways back from the corner. The motion was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 307 Item 5c ORDINANCE NO. 138-83 AN ORDINANCE DETERMINING THE NECESSITY FOR, ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS, AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1980-82 CAPITAL IMPROVEMENT PROGRAM, PROJECT 83-1 , MAKING PROVISION FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER, DIRECTING THE ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Councilman Harper that Ordinance No. 138-83 be passed. Motion seconded by Councilman Thomas. Councilman Harper stated that he wants to be sure that we have a com- pletion date in the contract, and that liquidated damages are also provided for in the contract. He also asked if city utilities have been moved. City Manager James Berzina stated that we won't give the contractor the go-ahead until everything is ready. Councilman Thomas requested that any delays caused by the City to the contractor be reported to the Council . Mr. Berzina stated that no delays will be given unless they are warranted. Com- pletion dates and liquidated damages will be included in the contract. When we give them the contract, it will be ready to go. Councilman Wilson asked if the bid of the contractor would be protected on esclating prices? Martin Raabe, City Engineer, stated that he would have no protection. Mr. Raabe stated that the contracts would not be started until the utilities are moved, which are owned by the City. Those outside the City, sometimes the contractor used this as an excuse. We will not be having a utility hold-up in the future. The job will be ready for them to go to work. Councilman Thomas asked how the Harris Street project is coming along? Mr. Raabe stated that they found an additional water line that needed to be lowered. While this line was being moved, they started on Northwest Drive. This held them up three to four weeks. Councilman Thomas asked what took us so long to move this line? Mr. Raabe stated that some oversight was made on it. He also stated that they did some extra work for the school on drive approaches. The motion was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wil'son, and Boston Nays: None Item 6f RESOLUTION NO. 219-83 RESOLUTION APPROVING THE REVISED BY-LAWS OF THE WICHITA FALLS CITIZENS TRAFFIC SAFETY COUNCIL, AND AMENDING RESOLUTION NO. 39-82 TO INCREASE THE NUMBER OF VOTING MEMBERS TO FIFTEEN. Moved by Councilman Harper that Resolution No. 219-83 be passed. Motion seconded by Councilman Wilson. Councilman Harper asked why the Traffic Safety Council is so different from the rest of the boards which we have? Everything else we have in the city is two 3-year terms. Also, they appoint their successors. City Attorney H. P. Hodge stated that this amounts to a recommendation to the Council . Resolution No. 39-82 specifies that the City Council shall appoint its mem- bers, and this represents a recommendation, rather than an appointment. 308 Item 6f, cont'd. Police Chief Harrelson stated that this group furnishes the video equip- ment for DDC. They wanted 15 voting members so they would have a better chance of having a quorum. He could not answer the discrepancy on the time. Moved by Councilman Harper that the by-laws be amended to coincide with other city practices to two 3-year terms. Motion seconded by Councilman Swift, and carried unanimously. The motion for passage of Resolution No. 219-83, as amended, was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Councilman Thomas thanked Chief Harrelson for the 14 one-on-one police cars on duty last night. There were no Halloween incidents. Item 8a Permission was requested to advertise for bids for roof repair of the Municipal Airport Terminal Building. Moved by Councilman Thomas that authority be granted to advertise for bids. Motion seconded by Councilman Boston. Bob Parker explained the specifications which will be used. The reason they held off to do the roof was the amount that needed to be done. Part of the facade would have had to be done over if they had done the roof first. Councilman Harper asked if he thought he might need some professional people involved? Mr. Parker stated that he planned to have someone look them over. Councilman Harper stated that some language is needed in the contract to have it guaranteed where the roof overlaps. The motion was carried unanimously. Item 8b Permission was requested to advertise for bids for 200 parking meters. Moved by Councilman Boston that authority be granted to advertise for bids. Motion seconded by Councilman Thomas. Councilman Thomas stated that we have a lot of meters which have very little use. He mentioned little-used meters on Brook Street, and on the fringes of the downtown area. He asked if they are really needed? Bob Parker stated that the reason for these 200 meters is to replace these in the high usage areas. The ones they take out will be used for spare parts. There are some areas which we could possibly take meters out. He will take a look at it, and come back with a recommendation. City Attorney H. P. Hodge mentioned a problem of people parking in front of businesses near the hospital . One businessman requested meters in front of his business in order for his customers to have a place to park. Councilman Harper asked if a $3.00 fine is really necessary? Mr. Parker stated that the $1 .00 fine did not cover the cost of the paper. The $3.00 fine was an attempt to recover the cost of it going through the Municipal Court system. Councilman Thomas suggested that we study going back to the $1 .00 fine. He would also like to see our meter people re-issue a ticket to that vehicle. 309 Item 8b, cont'd. That will discourage people from continuing to over-park. He requested that Mr. Parker report back to the Council . Councilman Thomas noted that people are going to the parking lots at 5:00 P.M. He suggested that they patrol the downtown area beginning at 5:00 P.M. , rather than ticketing. The Council suggested that the City advertise for bids in multiples of 50, up to 200 parking meters. City Manager James Berzina stated that invalid meters cause tickets to be dismissed. The motion to advertise for bids was carried unanimously. Item 10a ORDINANCE NO. 139-83 ORDINANCE GRANTING WAIVER OF SECTION 4-26 OF THE CODE OF ORDINANCES TO ALLOW SALE OF ALCOHOLIC BEVERAGES AT 1625 ARCHER CITY HIGHWAY. Moved by Councilman Swift that Ordinance No. 139-83 be passed. Motion seconded by Councilman Thomas. R. V. Perry appeared as Secretary of the Fraternal Order of Eagles, re- questing this waiver. Mayor Pro tem Morris asked why they let the license expire? Mr. Perry stated that they intend to have beer and wine in the dance area. They also have a private club license in the bar area. They had this license for several years, and Professional Drive was cut off, no longer making them eligible. City Attorney H. P. Hodge stated that this has been a staff construction of the ordinance. The ordinance just says that the property abut one of these highways. A case several years ago brought about this ordinance construction. They made a decision that they had to have enough land for a driveway to abut the property. Their circumstances make it unusual , and warrants consideration. The motion was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 10b ORDINANCE NO. 140-83 ORDINANCE ESTABLISHING THE YOUTH ACTIVITIES ADVISORY COUNCIL IN WICHITA FALLS, TEXAS; PROVIDING FOR SEVERABILITY. Moved by Councilman Harper that Ordinance No. 140-83 be passed. Motion seconded by Councilman Thomas. Mayor Pro tem Morris stated that he believes this is a tremendous oppor- tunity for the young people to serve the City of Wichita Falls. It is an honor for this Council to recognize these young people who want to take the time to do something worthy for their city. He read the name of each person, and introduced each. Councilman Harper stated that these young people wrote this ordinance, along with Jeanie Thompson of the City Attorney's office, and she will ad- minister this commission. He recommended that these members be considered for appointment. 310 Item 10b, cont'd. The motion for passage of the ordinance was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Moved by Councilman Thomas that the following be appointed to serve on this Board, to be effective when the ordinance goes into effect, as initial members of the Youth Activities Advisory Council . Billy Earnest, Rider High School Linda Lauck, Rider High School Scott Singleton, Wichita Falls High School Kelli Smith, Wichita Falls High School Karl Vaden, Hirschi High School Lori Lessard, Hirschi High School Sandra Rodriguez, Holland School Robert Kennedy, Holland School Rachael Oechsner, Notre Dame High School Larry West, Notre Dame High School Motion seconded by Councilman Boston, and carried unanimously. Item 10c ORDINANCE NO. 141-83 ORDINANCE WAIVING ORDINANCE NO. 105-83, TO ALLOW KOURPS SUPER- MARKET TO QUALIFY FOR AN OFF-PREMISE ALCOHOLIC BEVERAGE LICENSE WITHOUT THE REQUIRED 100% SIGNATURES. Moved by Councilman Thomas that Ordinance No. 141-83 be passed. Motion seconded by Councilman Swift. Councilman Thomas asked how we measure this 300 feet? Roger McKinney, Director of Planning, stated that the 300 feet would be measured from the wall of the grocery store where beverages will be sold to the nearest residence. They draw a circle around this 300 feet. Councilman Thomas asked how many feet they lack? Mr. McKinney stated that one house on the same side of the street as Kouri 's was within 300 feet. The one across the street was outside the 300 feet. He stated that he does not know how many signatures Mr. Kouri lacks. Jimmy Kouri , of Kouri 's Super Market, stated that he had to get 21 names. He got 19 to sign. One gave him a definite "no", and the other one gave him a definite "maybe" . He stated that he had always thought that the majority ruled in all cases. He does not believe that the ordinance, as written, is a just and fair ordinance. The people who do not believe in alcoholic beverages should not have the power to determine what he can and cannot sell , even though he respects their opinion. Measurements vary from 270 feet to 321 feet. Mr. McKinney stated that they measure from the main wall of the store to the main wall of the residence. Mayor Pro tem Morris asked Mr. McKinney if he took into account that the South side of this building was leased out to some- one else? Mr. McKinney stated that they went to the last residence on this block, and measured in a straight line to Kouri 's business. They had already passed the portion of the building that was leased out as office space, so it was within 300 feet. He further explained various measurements of schools, hospitals, and churches. I The Council requested that the staff bring back to the Council an ordinance stipulating the way the State measures from main entrances to main entrances. Mr. McKinney stated that he would like to have the alcoholic beverage ordinance amended to include multi-family residences. Councilman Swift stated that he is not opposed to 100 percent of owners of residential property within 300 feet of the business. He stated that we are creating a monster if we deviate from it. 311 Item 10c, cont'd. The motion for passage of the ordinance, with 80 percent of owners of residential property, was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, and Boston. Nays: Councilman Wilson Item lla Moved by Councilman Harper that the amendment to the ambulance service contract with Plumlee not be approved, and that the staff be instructed to work with other entities to come up with another solution to the problem. Motion seconded by Councilman Thomas. City Manager James Berzina stated that the committee was more interested in a proposal route to give them more levity in coming back with a recommen- dation. The motion was carried unanimously. Item 12a Discussion was held on a proposed change order to the Central Services Complex, which would add an extended warranty covering the structural in- tegrity of the retaining wall related to any possible defects wiTich would be a direct result of using 5 sacks of cement in lieu of 6-1, sacks. Council - man Harper stated that the surface of concrete wears a lot better when it has 6-1, sacks of cement in it. He asked if this warranty included the sur- face of the concrete? Bob Parker stated that the inside surface is treated differently. Councilman Harper suggested that the warranty include the surface, and that we say when we are going to look at it, and who we will be looking at it with. He also suggested that we define in the change order, or warranty, what the failure is. Moved by Councilman Wilson that this item be tabled. Motion seconded by Councilman Harper, and carried unanimously. Item 12b RESOLUTION NO. 220-83 RESOLUTION APPROVING CHANGE ORDER NO. 6 WITH CONTRACTOR, C. I . OF TEXAS, FOR THE CENTRAL SERVICES COMPLEX. Moved by Councilman Thomas that Resolution No. 220-83 be passed. Motion seconded by Councilman Harper. Councilman Harper asked why we have .a concrete footing? Bob Parker ex- plained that it was for strength. Councilman Harper asked who decided to do it, and was it really needed? Mr. Parker stated that it was the engineers at Killibrew-Rucker. They stated that they made a mistake, but it was needed. City Attorney H. P. Hodge stated as he understands the law, the archi- tect implies that he has the degree and skill and ability to do the job as architects generally do. If he fails to use this skill and competence then he is liable for this. To establish this, you have to have expert testi- mony. If that is established, how much damage was actually done? If we established this fact, the only amount of damages would be the cost of the steel in the original bid. Councilman Harper stated that he has noticed over the years that the City has encountered some costs which are questionable. This way it keeps the architects and engineers on their toes. We should sound the warning horn that the City is not going to pay these things just because they bring them to us. The City Attorney agreed. 312 Item 12b, cont'd. Councilman Harper asked about revision of the heating system. Mr. Parker slated that he checked in Lubbock and Fort Worth. It is a savings to the City. Councilman Swift stated that somebody reviewing this should have caught it. Ed Barrett stated that he reviewed it. It is hard for the City to have the kind of expertise that is needed on heating systems. Councilman Wilson stated that this irritates him that we pay a profes- sional consultant like we do, and they give us information like this. Coun- cilman Swift stated that it is mismanagement or incompetency, and he is getting tired of it. Councilman Wilson commented that some of it may be the directions they are given by the City, and then changed. Councilman Harper asked if the professional will draw a fee on the change order? Mr. Barrett stated that it will be based on the bid price, and others. Councilman Harper stated that he does not think we should pay anything to the architect on the additive alternates because of some kind of problem. The motion was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 12c RESOLUTION NO. 221-83 RESOLUTION APPROVING CHANGE ORDER NO. 1 WITH C. I . OF TEXAS FOR CONSTRUCTION OF CENTRAL SERVICES COMPLEX. Moved by Councilman Thomas that Resolution No. 221-83 be passed. Motion seconded by Councilman Harper. Councilman Harper stated that $.40/lb would be a good competitive rate. Here are some more dollars that we don't send down the road with a lot of other dollars chasing them. We need to sound the trumpet that we will be looking at these items. The motion was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 12d RESOLUTION NO. 222-83 RESOLUTION APPROVING PAYMENT TO G & E ALARM SYSTEMS, INC. FOR FIFTEEN (15) EMERGENCY ACTION RESPONSE SYSTEM UNITS. Moved by Councilman Thomas that Resolution No. 222-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 13a Councilman Harper stated that he would like to see us formally instruct the staff that in the hiring of design professionals, that insurance be provided in the amount of One Million Dollars, and that it be at least equal to the project amount if it is less than One Million. We need these certificates included in the contracts when we approve them. 313 Item 13a, cont'd. Councilman Swift asked about the possibility of a funeral escort ser- vice in Wichita Falls by the Police Department. Some other cities in Texas allow this for off-duty officers by purchasing their own motorcycles. He would like to see this investigated to see if it would be adaptable to Wichita Falls. Police Chief Harrelson stated that the problem of escorting funerals is liability. Most of these cities have done away with escorting funerals. It is a good public relations tool . It is time consuming. He does not know how many officers would want to take on this liability. People here stop for funeral processions. In some other parts of the country they don't. Councilman Harper asked if it would be safer to take these funerals off the expressways? Chief Harrelson was of the opinion that expressways are probably safer. Councilman Swift asked for another meeting with the Fountain Park group. Mr. Berzina stated that they are working on it. Councilman Thomas asked about clean city citations in the parks? Norma Crane stated that nothing definite has been done about it so far. He requested that she pursue this further. Perhaps we should start filing on them. He suggested that she work with the Police Department, and encourage them to file on the violators. Councilman Thomas also suggested through the City Manager to find out what type of ordinances we have on repair of buildings in the downtown area, which are vacant. Mayor Pro tem Morris felt that we might have a problem in enforcing these things. The City Manager felt that perhaps something could be done about cleaning up trash. City Attorney H. P. Hodge stated that we are on shaky ground when we cross over to aesthetics from health and safety. Councilman Harper stated that some states have passed a law against bottles, etc. Chief Harrelson stated that you are dealing with something that is hard to catch. The offense has to be in the presence of the officer if he issues a citation. Randolph Duke again appeared, asking if the city ambulance ordinance could be updated to include other services vital to the community, other than emergency service? He stated that he is licensed by the State. Items 13b-c The City Council recessed into executive session at 10:55 A.M. , pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. The meet- ing reconvened at 3:35 P.M. (Mayor Cook joined the Council during the execu- tive session. ) Moved by Councilman Wilson that Roy Marcus Alamon be appointed to the Arts Commission for a term beginning November 1 , 1983, and ending April 30, 1984. Motion seconded by Councilman Harper, and carried unanimously. The City Council adjourned at 3:36 P.M. PASSED AND APPROVED this ay of cej 1983. G D. 0 Mayor ATTEST: Ya Wilma J. Thoma's, CMC, City Clerk