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Min 12/20/1983 333 Wichita Falls, Texas Memorial Auditorium Building December 20, 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 Craig A. Wilson Councilmen 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 Clay Ham, Living Word Church. Item 3 Moved by Councilman Thomas that minutes of the meetings held December 6 and December 8, 1983, be approved. Motion seconded by Councilman Harper, and carried unanimously. Items 4a - 8d Items 6c and 6e were moved to the regular agenda. Moved by Councilman Morris that the remaining items on the consent agenda be approved. Motion seconded by Councilman Boston. Item 4a ORDINANCE NO. 160-83 AN ORDINANCE AMENDING ORDINANCE NO. 2926 ADOPTING THE SOUTHERN STANDARD MECHANICAL CODE, 1982 EDITION, WITH CERTAIN AMENDMENTS AND DELETIONS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5a RESOLUTION NO. 241-83 RESOLUTION APPROVING AN EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR AN UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM AT WEEKS PARK. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6a The bid for 26 police sedans was awarded to Ralph Morgan Dodge in the amount v of $259,475. 52. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 334 Item 6b The bid for 8 trucks was awarded to Ralph Morgan Dodge in the amount of $66,625.44. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6d Bids were awarded as follows. a. Tire Service Body (Central Garage) - Commercial Body Company - $10,685.00 b. Side paks and bumper (Park Dept. ) - Truck Equipment Sales - $1 ,419.00 c. Platform bed (Health Dept. ) - Longhorn Trailer and Body - $798.65 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6f The bid for three flatbed equipment trailers for Public Utilities Department was awarded to Pierce Sales in the amount of $3,650 each. RESOLUTION NO. 242-83 AWARD OF BID OF THREE FLATBED EQUIPMENT TRAILERS FOR PUBLIC UTILITIES DEPARTMENT. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7a Authority was granted to advertise for bids for installation of a sewer system on Seymour Highway, West of FM Highway 369. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7b Authority was granted to advertise for bids for play equipment at Lucy Park. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8a - d Minutes of the meeting of the Mechanical Board of Adjustments and Appeals held October 27, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Minutes of the meeting of the Kemp Public Library Advisory Board held ' November 21 , 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Minutes of the meeting of the Park Board held December 1 , 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 335 Items 8a - d, Cont'd. Minutes of the meeting of the Board of Electrical Examiners held December 8, E: 1983, were received. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 6c s Bids were considered on six police motorcycles. Moved by Councilman Thomas, for discussion, that the bid be awarded to Eddie Hill ' s Fun Cycles, in the amount of $29,268. Motion seconded by Councilman Morris. Councilman Thomas asked how many police motorcycles we have? Major Trainham stated that there are 11 . Councilman Thomas noted that this is about half of them, and asked about spreading out the replacements. The motion was carried unanimously. Item 6e Bids were considered for the City' s annual ready-mix concrete requirements. Moved by Councilman Thomas, for discussion, that the bid for concrete quantities greater than 2 c.y. be awarded to City Concrete in the amount of $261 ,730, and for quantities less than 2 c.y. to A-1 Sales and Rental beginning at $34.00 for 1/4 yard, $43.00 for 1/2 yard, $53.00 for 3/4 yard, and $61 .00 for one yard and over. Motion seconded by Councilman Morris. Councilman Thomas commented that this is the basis for the bid for the price. He noted that we may not always use this much, and sometimes we use more. He stated that we could buy two yards and throw it away for the price we are paying for one yard. City Manager James Berzina stated that all bidders were capable of bidding the same. There are a couple of companies in the City that specialize in small quantities. Councilman Thomas noted that quantities smaller than two yards have to be picked up by us, and that adds to the cost of the concrete. Bill Hursh stated that they furnish the trailer. Councilman Thomas stated that if we give a company this large a quantity, it looks like they would accommodate us. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, Morris, and Boston Nays: Councilman Thomas Item 9a RESOLUTION NO. 243-83 RESOLUTION AUTHORIZING NEGOTIATION AND AGREEMENT WITH COUNTY OFFICIALS FOR USE OF PUNCH CARD VOTING MACHINES. Moved by Councilman Wilson that Resolution No. 243-83 be passed. Motion seconded by Councilman Morris. Councilmen Harper and Swift expressed their support for the use of these machines. Mayor Cook stated that we have to keep in mind that last time we had a difficult ballot to count, but at the same time it would be prudent to have consistency with the County in our voting machines. The County Judge has indicated that this a break-even proposition for the County. Councilman Morris stated that the Commissioners had indicated their willingness for the City to use them. 336 Item 9a, Cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9b ORDINANCE NO. 161-83 ORDINANCE REFERRING TO THE BOARD OF ADJUSTMENTS AND APPEALS THE APPEAL 4 " BY THE OWNERS OF THE HAMILTON AND OIL AND GAS BUILDINGS OF FINDINGS OF FIRE PREVENTION CODE VIOLATIONS. Moved by Councilman Harper, for discussion, that Ordinance No. 161-83 be passed. Motion seconded by Councilman Swift. Fire Chief Jameson stated that this is an appeal of the Fire Marshal from David White. He stated that the Oil and Gas Building only has one interior stairway. The fire escape is not accessible because you have to go through locked offices to get to it. The City National Bank is the same situation. The Council can sit as a Board of Adjustments and Appeals, or the Board of Adjustments and Appeals can handle it. City Attorney H.P. Hodge stated that the law states that the decision of the Board of Adjustments and Appeals is final , as far as the City is concerned. Councilman Thomas asked if the Fire Department has a liability in these cases? Chief Jameson stated that court cases have held that the City and the Fire Chief are liable. The insurance rate is not directly affected. Councilman Thomas asked if these buildings met the codes when they were built? Chief Jameson stated that it is debatable. Additional construction of offices has caused some of the problems. Mayor Cook aksed about the keys in the glass boxes? Chief Jameson stated that was a counter proposal prior to the time he became fire chief, but it did not work out, and the keys soon disappeared. Chief Jameson stated that a secondary escape device is needed. The Fire Department and the Board of Adjustments and Appeals have requested to hear these cases. Councilman Wilson asked if there have been any fire code appeals come through this City Council in the last few years? Chief Jameson stated there have not been, but some have gone through the Appeals Board. Councilman Wilson asked if he was satisfied with the decisions made by that board? Chief Jameson stated that it does not completely meet the fire code, but it always improves it. He recommended that the Board of Adjustments and Appeals hear both cases. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10a RESOLUTION NO. 244-83 A RESOLUTION AMENDING THE CITY OF WICHITA FALLS COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION ASSISTANCE PROGRAM. Moved by Councilman Wilson that Resolution No. 244-83 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 10b was deleted. 337 Item 1 Oc RESOLUTION NO. 245-83 RESOLUTION TO STATE THE INTENT OF THE CITY COUNCIL TO PROVIDE FOR A SAFE AND ADEQUATE WATER SUPPLY IN THE FUTURE BY COMMITTING TO A NEW IMPOUNDMENT IV RESERVOIR NEAR RINGGOLD, TEXAS, AND TO ESTABLISH A STEERING GROUP TO PLAN AND GUIDE THE PROJECT. Moved by Councilman Harper that Resolution No. 245-83 be passed, changing the committee of citizens of Wichita Falls from two to four. Motion seconded by Councilman Swift. John Hirschi , 3308 Kemp, represented a group of citizens against the Ringgold project. He stated that a report states that the Ringgold project will be needed by the year of 2015, and reflects a population of 215,000. He wonders how we will pay for Ringgold if the population figures are not met. This amounts to 17.5 million dollars a year on 1984 prices. If we don 't grow we won' t have any demand for Ringgold water. We have 14.6 million gallons per day from Lakes Kickapoo and Arrowhead. He does not think this is good stewardship of the natural resources we have available to us. He feels we should not let our present lakes silt up. Mr. Hirschi presented a Christmas present to the Council , stating that if it is put in our plumbing codes they will save as much money as Ringgold might produce. The Christmas present was a commode that uses one quart of water, as opposed to six gallons of water in standard flush toilets. Mayor Cook stated that they disagree with the figures Mr. Hirschi used. The Texas Water Resources report shows the need for water by 1995, and the Freeze and Nichols report says 2010. The 14.6 million gallons has been shrinking through the years. We have to also consider the needs of those to whom we sell water. The Council also agrees that some water conservation methods are needed. David Brock asked if the Council has considered what this will do to our water cost, stating that the average bill would go to $69.00 per month. Councilman Thomas asked Mr. Brock if he had read what we are doing this morning? We are not adopting anything yet. Before anything is done, the citizens of Wichita Falls would be voting on it. Mr. Brock stated that the word "Committing" scares him. Councilman Thomas stated that in our study we are considering the whole area, and not just Wichita Falls. Mayor Cook noted that Mr. Brock' s point about discrepancies is well taken. He believes the report of the Texas Water Resources is more in line with our needs. The West Texas Utility fund will be coming on line that will provide a considerable amount of money to help retire the debt. There will also be sales to other cities, and other funds. He stated that people on fixed income are being considered by the Council . Dr. Robert Barrenberg stated that a report by the Community Council shows that there has been a six percent increase in population of the civilian community. Councilman Harper stated that it would take 25 years to desalinate Lake Kemp, and it would cost millions. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10d RESOLUTION NO. 246-83 RESOLUTION REQUESTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO MAKE CORRECTIONS TO THE FLOODWAY/FLOODPLAIN BOUNDARIES OF THE WICHITA RIVER. Moved by Councilman Thomas that Resolution No. 246-83 be passed. 338 Item 10d, Cont'd. Motion seconded by Councilman Boston. Councilman Wilson asked if there are some other areas along the river that we should ask then to include in this study? Assistant Planning Director Gordon Beck stated that there are no glaring examples of need. If they make a determina- tion that there is a need, it would affect the river downstream. It would be right to request that they look into other areas downstream. Councilman Wilson stated that he would like us to monitor any situations that need to be looked at. If other examples come up we should ask them to make those corrections, rather than placing the burden on the property owners. Mayor Cook stated that if there was an error in the maps, there is legislation for the Corps to change it, and bear the cost. Also, there are some other areas that we may need to look at. The floodway study is to be completed by May 1 . The corporation building the Sheraton has taken this into consideration. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 10e RESOLUTION NO. 247-83 RESOLUTION TO APPROVE AN AMENDMENT TO A CONTRACT WITH BIGGS & t-IATHEWS, INC. , v FOR PROFESSIONAL SERVICES ON SANITARY SEWER MAINS. Moved by Councilman Morris that Resolution No. 247-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 11 was deleted. Item 12a Councilman Thomas asked for information concerning Dr. Riddle and sidewalks around the park. That will be looked at later. Items 12b, c The City Council recessed into executive session at 9:30 A.M. , pursuant to Article 6252-17, Paragraph (g) of the Revised Civil Statutes. The meeting resumed at 11 :55 A.M. Moved by Councilman Wilson that the following be appointed to the Aviation Advisory Board for terms beginning December 31 , 1983 through December 31 , 1986. y a. Robert Taubert - reappointed b. Charles White - reappointed c. Leroy Lakey - appointed (replacing General McNabb) Motion seconded by Councilman Thomas, and carried unanimously. Moved by Councilman Wilson that J. F. Hubbs and Phillip Fuller be reappointed to the Board of Health for terms beginning December 31 , 1983 through December 31 , 1985. Motion seconded by Councilman Harper, and carried unanimously. 339 Items 12b, c Moved by Councilman Wilson that the following be appointed to the Human Relations Commission for terms beginning December 31 , 1983 through December 31 , 1986. a. James Smith, Arthur B. Williams, and Ray Hickman - reappointed. b. Reginald Robinson, Roy Ramirez, and Moise Garcia - appointed. Motion seconded by Councilman Boston, and carried unanimously. Moved by Councilman Wilson that the following be appointed to the Park Board for terms beginning December 31 , 1983 through December 31 , 1986. a. Bill Jeter, Sandy Goff, Joe Tom White, and Curtis Willis- reappointed. b. Bill Johnson - appointed (replacing Jim Stacks) . Motion seconded by Councilman Thomas, and carried unanimously. Moved by Councilman Wilson that Helen R. Henry be reappointed to the Mayor's Commission on the Status of Women for a term beginning September 30, 1983 through September 30, 1985. Motion seconded by Councilman Swift, and carried unanimously. Moved by Councilman Wilson that Gary Cook, Charles Thomas, Craig Wilson, Ray Clymer, Harold Jones, George Adams, and Jim McDonald be appointed to the Steering Group of the Ringgold 2000 project. Motion seconded by Councilman Harper, and carried unanimously. The City Council adjourned at 12:00 P.M. PASSED AND APPROVED this 3rd day of January , 19 84 Zr- C Mayor ATTEST: Wilma J. Thomas, CMC, City Clerk i