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Min 02/07/1984 1 356 Wichita Falls, Texas Memorial Auditorium Building February 7, 1984 Item 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. I Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Craig A. Wilson Howard M. Morris Horace O. Boston James Berzina City Manager H.P. Hodge City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting -------------------- The invocation was given by Councilman Harper. -------------------- Item 4a-9g Items 5b, 6b, 6c, and 6e were moved to the regular agenda. Moved by Councilman Morris that the consent agenda be approved. Motion seconded by Councilman Boston. Item 4a Betty Casey, a Library employee was honored as Employee of the Month for February. Mayor Cook presented her with a plaque, and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 7-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT WIDE UTILITY EASEMENT IN LOT 2, SAFEWAY ADDITION NO. 1, AN ADDITION TO THE CITY OF WICHITA FALLS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 6a RESOLUTION NO. 12-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE WICHITA COUNTY SOCCER REFER- EES ASSOCIATION. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item 6d RESOLUTION NO. 13-84 RESOLUTION TO APPROVE A LEASE AGREEMENT WITH JANE PENDLE- TON STEPHENS AND GAY PENDLETON SIMMONS FOR GRAZING LANDS AT LAKE ARROWHEAD. Item 6d cont'd. 357 Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris and Boston Nays: None Item 7a The bid for a turf vehicle for the Golf Division was awarded to Watson Distribut- ing Company, in the amount of $5,914.00. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 7b The bid for a shelter unit for Hamilton Park was awarded to S & R Products in the amount of $6,084. 00. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 7c The bid for furnishing meals at the City jail was awarded to Chester Williams in the amount of $3.00 per meal. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7d RESOLUTION NO. 14-84 RESOLUTION FOR AWARD OF BID FOR A TRAILER-MOUNTED HIGH PRESSURE HYDRAULIC SEWER CLEANER Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7e The bid for a tractor with loader unit for the Parks Maintenance Division was award- ed to Trinity Equipment Company, in the amount of $17,872.76. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8a Authority was requested to advertise for bids for an air compressor to install in Lake Kickapoo de str atifi cation system. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8b Authority was requested to advertise for bids for measuring instruments at Jasper Treatment Plant and at Lake Arrowhead. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8c Authority was granted to advertise for bids for labor and materials to install an automatic irrigation system at Weeks Park Golf Course. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None l 358 Item 9a Minutes of the meeting of the Board of Adjustments and Appeals held January 4, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 9b Minutes of the meeting of the Board of Electrical Examiners held January 13, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 9c Minutes of the meeting of the Design Review Commission held December 1, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 9d Minutes of the meeting of the Design Review Commission held December 15, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 9e Minutes of the meeting of the Planning Board held December 14, 1983 were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 9f Minutes of the meeting of the Planning Board held January 11, 1984 were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 9g Minutes of the meeting of the Plumbing Advisory Board held January 19, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None ------------------------ Item 5b ORDINANCE NO. 8-84 ORDINANCE AMENDING SECTIONS 1206.5, 1211.1 AND 1604 OF ORDINANCE NO. 2733, THE WICHITA FALLS COMBINATIONS , WATER SUPPLY CON- TROLS , AND ROOM HEATERS IN MOTELS , HOTELS AND AUTO COURTS AND CERTAIN INSTITUTIONS. Moved by Councilman Swift, for discussion, that Ordinance No. 8-84 be passed. 359 Item 5b cont'd. Motion seconded by Councilman Morris. Councilman Swift asked if this is the type of valve which will be used exclusively in all new residential construction? Truman Davis, Acting Building Inspector, stated that it is. It is not the type of valve in use at the present time. There have been some problems with corrosion and leakage in the present valve. Dane Bennett, Acting Director of Public Works, stated that old valves would not automatically be changed un- less there is a problem with them, then the new valve would be used. Councilman Thomas stated that most of the companies manufacture this valve, and would ,normally be avail- able at hardware and plumbing stores. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None ------------------------ Item 6b RESOLUTION NO. 15-84 RESOLUTION APPROVING THE BYLAWS OF THE YOUTH ACTIVITIES ADVISORY COUNCIL. Moved by Councilman Harper that Resolution No. 15-84 be passed. Motion seconded by Councilman Morris. Councilman Harper commended the youth for their work, along with Jeanie Thompson, to the City Attorney's Office. He stated that they have a big event coming up soon. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift , Thomas, Harper, Wilson, Morris, and Boston Nays: None --------------------------- Item 6c RESOLUTION NO. 16-84 RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE J.S. BRIDWELL COM- PANY FOR GRAZING LANDS AT LAKE ARROWHEAD Moved by Councilman Swift that Resolution No. 16-84 be passed. Motion seconded by Councilman Morris. Councilman Wilson asked to whom do the fences belong? City Attorney H.P. Hodge stated that the only one they have fenced is at the 630 foot elevation. It is a very small fence. The fences belong to the City of Wichita Falls. Councilman Wilson asked if it is normal that the City furnish the material? Mr. Hodge stated that it is. During the term of the lease if something happened to the fence, the City would furnish material, and the lessee the labor. Councilman Wilson asked Jerry Gross, Acting Director of Public Utilities to explain the 85 percent provision. Mr. Gross stated that it is a judgement decision. The land is really not accessible by another bidder. In this case you have 13 separate tracts that border all around the lake. There are no fences. It is an attempt to get a long-term lease for both benefit to the City and the lessee, and also tie an escalation clause to it. Our last bid was $6.50 without fences. It was a judgment that $7.50 was an appropriate price for the first five-year term, and the 85 percent escalation for the second five-year term. City Attorney H.P. Hodge agreed, since the land meandered along the shore line. Councilman Swift asked if the accessibility was the reason it was not put up for bids? Mr. Hodge stated that it was, and also that it followed the Bridwell Ranch. It would take miles and miles of fencing. You would have to ,fence the contour line. 360 Item 6c cont'd. Mr. Gross explained that the appraiser had stated that leasing it to Bridwell is the highest and best use. Councilman Swift asked about hunting? Mr. Hodge stated that it does not allow hunters to go up and down on the land and hunt. Someone could fish from a boat or duck hunt over the water. The motion was carried by the following vote. Ayes: Mayor Cook, Councilman Swift, Thomas, Harper, Wilson, Morris, an.d Boston Nays: None ----------------------- Item 6e Consideration was given to overpayment of property taxes. Councilman Harper noted that he and Councilman Thomas have a conflict of interest, and they have both signed affidavits. They both serve on the Board of North Texas Federal Savings and Loan. RESOLUTION NO. 17-84 RESOLUTION APPROVING REFUNDS OF OVERPAYMENT OF PROPERTY TAXES . Moved by Councilman Boston that Resolution No. 17-84 be passed. Motion seconded by Councilman Swift , and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Wilson, Morris, and Boston. Nays: None (Councilmen Thomas and Harper abstained.) ----------------------- Item l0a Willie Vaughan appeared as owner of a trailer park at 3210 Iowa Park Road, concerning Ordinance No. 113-83, which increased licensing fees for mobile home parks. He stated that in 1969 the park owners were told that this would help beautify the City, and could be monitored for safety, but this is not the case. This ordinance required an annual inspection of licensed mobile home parks. Since January 1970 he has never had a discrepancy that amounts to anything. Shady Park has never had a write-up. The new ordinance increases the park license fee by 100 percent. He also asked what is the emergency? Park license fees are figured on maximum parking capability. There are many spaces that remain empty month after month. There are considerable mobile home rentals. They were told that the Inspection Department was operating in the red, and that a committee was formed to solve the problem. This was one thing that was instituted to solve the problem. He has no knowledge that any park operator was notified that changes were about to take place. He suggested that there are two ways to save his busi- ness, or the City's business. If we are having financial problems, we have to reduce costs or increase revenues. The best solution is to reduce costs. What was considered to reducing these costs? Why is the inspection conducted? Is it for safety? The owner or occupant makes his utility deposit. If there is a prob- lem, the gas or electricity will not be turned on. A neighbor will not tolerate a sewer problem, and most homeowners cannot afford to pay for a water leak with- out getting it repaired. Why is it inspected? If mobile home parks need to be inspected, then what about mobile homes outside the parks? Since this accom- plishes no worthwhile purpose, then remove the license fees from the ordinance. All business ventures in the City should share in this expense if it is necessary. If any area of the City inspection is self-supporting, then mobile home parks are certainly self-supporting. He believes they are paying their way. He stated that he is speaking for eleven of the mobile home parks listed in the telephone directory: Candlewood, E1 Rey, Evergreen, La Treace, Lakeside, Mimosa Village, Shady Park, Vaughans, Sheppard Mobile Home Park, and two others. Mayor Cook explained that the ordinance was passed as an emergency measure in order to coincide with the budget taking place October 1. Reducing costs and increasing revenues is exactly what the City has been trying to do for the past two years to increase city operating efficiency. Many other fees were increased Rl 363 Item llc cont'd of getting 200 permits signed in 30 days. He stated that he has a real problem in Paragraph 5, which deals with restricting of one permit for an intersection. They have numerous locations on some intersections. This would cause him a problem. Mayor Cook stated that that means one per quadrant, so he could have four benches at each intersection. Mr. Berzina noted that four permits could be issued-- one each for Northeast, Northwest, Southeast , and Southwest. Mr. Knowles mentioned State requirements. Mr. Berzina stated that the State does not allow them on their right-of-way. At each intersection you are dealing with four different property owners. Mayor Cook stated that we are concerned with safety when you get benches strung out, as far as visibility is concerned. Mr. Knowles requested that this be proved that this is a hazard. He mentioned hedges, trees, etc. Mayor Cook stated that we require those to be eliminated by the Traffic Department. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston N ays: None ----------------------- Item lld ORDINANCE NO. 12-84 ORDINANCE AMENDING CHAPTER 7, ARTICLE II , SECTION 7-15.1 BY THE ADDITION OF SUBSECTION 2301.11 (b) TO PROVIDE FOR IMMEDIATE RE- MOVAL OF ANY SIGN ERECTED OR PLACED ON THE RIGHT-OF-WAY OF ANY STREET OR ALLEY IN THE CITY. Moved by Councilman Harper that Ordinance No. 12-84 be passed. Motion seconded by Councilman Morris. Councilman Thomas asked if the individual is notified before we remove the sign? Mr. Berzina stated that under the old ordinance there is a 10-day notification. Under this ordinance he would be notified after the signs were removed. Councilman Harper asked if the Rider High School signs were under this ordinance? The City Attorney stated that they are. Those signs are still up, and Councilman Har- per feels they should be notified to remove them. There is also one on Jacksboro High- way. Air. Berzina stated that one of the problems for a 10-day notice is that it may be in a hazardous place, and we should not wait ten days. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None ------------------------- Item 12a RESOLUTION NO. 18-84 RESOLUTION APPROVING A CHANGE IN THE NON-ANNEXATION CONTRACT WITH CERTAIN-TEED CORPORATION , APPROVED BY RESOLUTION NO. 227-83 Moved by Councilman Thomas that Resolution No. 18-84 be passed. Motion seconded by Councilman Morris. City Attorney H.P. Hodge stated that .he is concerned with the word "abandoned" 364 Item 12a cont'd. in the resolution. It could be that they might state that it was not being used at some time. He talked to their lawyers in Pennsylvania. He would think that the appraisers would give some consideration to the usage. Moved by Councilman Harper that the word "abandoned" be removed from the resolution in Paragraph 1 and 2. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None The motion for passage of the resolution as amended was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None i ------------------------- i Item 12b 1 RESOLUTION NO. 19-84 i RESOLUTION APPROVING CHANGES IN THE NON-ANNEXATION CON - TRACT WITH PPG INDUSTRIES , INC. , APPROVED BY RESOLUTION NO. 226-83. Moved by Councilman Thomas that Resolution No. 1984 be passed. I Motion seconded by Councilman Wilson. Councilman Swift stated that he does not see why there can't be some, slight degree of consistency in these contracts. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None ------------------------- Item 12c RESOLUTION NO. 20-84 jRESOLUTION APPROVING A CHANGE IN THE NON-ANNEXATION CON- TRACT WITH JOHN R. VITEK AND DORIS J. VITEK, APPROVED BY RESOLUTION NO. 229-83. Moved by Councilman Thomas that Resolution No. 20-84 be passed. Motion seconded by Councilman Morris. Councilman Thomas stated that there are some questions on the fireworks stands on this property. Jimmy Nicks, 4219 Emerson, stated that he has had this leased for ten years. He would like to be able to sell fireworks since it is outside the city limits. He feels it would be unjust for him not to be able to sell fireworks there when his competitor is located one-half block from there. He has not ever had any unusual problems there. Councilman Morris asked about this location being surrounded by the city limits? Planning Director Roger McKinney stated that if you purchase fireworks, there is no way you can drive East or West without going through the City limits. Homes are located in both directions. Mr. Nicks stated that he is controlled by the Consumers Products Division 365 Item 12c cont'd. out of Washington, and also the State. In the city he is controlled within 5000 feet of the city limits. The Fire Marshal inspects them each year before a permit is issued by the City within 5000.feet. He stated that there is a wheat field South of him. From Gregg Road going West for a quarter of a mile there is no house within the city limits. Fire Chief Jameson stated that all contracts state that fire and police protection will be provided. A big part of fire protection is prevention. When you buy fireworks at this stand, you violate a city ordinance by getting into your car and leaving, by possessing fireworks in the city limits. This property backs up to Briargate Estates that are in danger of grass fires in this particular area. He stated that he is one- fourth mile East of the Handy Dandy Store, which is in the city limits. Councilman Swift asked why this property was not annexed? City Attorney H.P. Hodge stated that at the same time Certainteed was considered, Vitek and Texas Electric were also considered. They were adjacent to Certainteed. Resurveying would have had to be done, and it was too expensive to annex it at that time. Councilman Swift stated that if it had been annexed, we would not have had the problem with fireworks right now. Mr. Nicks stated that it is not uncommon to have a situation like this. He is not looking for something for nothing. Mayor Cook stated that competition is not considered when the safety of the citizens of Wichita Falls and enforcement of our ordinances are concerned. The fact that this is known at the present time is the major concern of the Council. Councilman Wilson stated that he believes we should follow the recommendation of the Fire Chief. Councilman Thomas suggested an amendment to give him permission to operate this one year only and look at it again next year to see if build-up in the area will not solve the problem. Councilman Swift stated that he would go along with this, without advance notice to this man, but that we allow him to do it for one year with the understanding that next year he would find another place. City Attorney H.P. Hodge stated that for the last seven years this has been under a non-annexation agreement without a no-fireworks clause. This is the first time the Fire Chief has had an opportunity in seven years to raise the issue. Police Chief Harrelson asked if anyone will be immune from prosecution if they leave the stand and drive back into the city limits? City Attorney H.P. Hodge stated that the only way to stop the other stand South would be to annex the property it is setting on. Mayor Cook noted that it seems unfair to this man,but it is more unfair to the citi- zens of Wichita Falls. Moved by Councilman Thomas that Mr. Nicks be granted a waiver for 1984 to sell fireworks. Motion seconded by Councilman Swift,, and carried by the following vote. Ayes: Councilmen Swift, Thomas, Harper, and Boston Nays: Mayor Cook, Councilmen Wilson and Morris Moved by Councilman Harper that the word "may" be changed to "shall" in the last paragraph. Motion seconded by Councilman Swift, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift , Thomas, Harper, Wilson, Morris and ` Boston Nays: None The resolution, as amended, was carried by the following vote. Ayes: Councilmen Swift, Thomas, Harper, Morris, and Boston Nays: Mayor Cook and Councilman Wilson Councilman Thomas requested the staff to look into an ordinance to state that fire- works cannot be sold if the purchaser has to pass back through the city limits. Council- man Morris noted that we already have an ordinance that states this. 366 Item 12c cont'd. City Manager James Berzina stated that if we place a police car at the N city limit line it will take care of the problem. Councilman Swift stated that he doesn't believe people know this. He agrees that we need to get rid of some of these inconsistencies. Mayor Cook stated that he thinks they are trying to find a temporary solution to a problem addressed years before. ------------------------- Item 12d RESOLUTION NO. 21-84 RESOLUTION APPROVING A CHANGE IN THE NON-ANNEXATION CON- TRACT WITH TEXAS ELECTRIC SERVICE COMPANY , APPROVED BY RESOLUTION NO. 228-83. Moved by Councilman Harper that Resolution No. 21-84 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 13a A proposed resolution was presented awarding a contract to Bowles Con- struction Company for the North Beverly .pump station, and waiving the re- quirements of Resolution No. 112-83 for tank construction. It was moved by Councilman Morris, and seconded by Councilman Boston that the resolution be passed. Jerry Gross stated that Bowles has indicated that he could now meet the requirement, but the bids have already been opened, and they asked for an exception. Moved by Councilman Harper that the last sentence of the resolution be deleted, and the heading be changed accordingly. Councilman Morris commented that this is a problem for the City in accept- ing bids from someone who asked for an exception, and another bidder who did not. If we continue to waive this ordinance we will not get bidders. He could come back later and say that he could take off $30,000 if he could get an ex- ception. Councilman Harper stated that this is an attempt to give local people a little bit of an edge, but he feels it should remain on a craft by craft basis. The motion was seconded by Councilman Thomas, and the amendment carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None RESOLUTION NO. 22-84 RESOLUTION AWARDING CONTRACT TO BOWLES CONSTRUCTION COM- PANY FOR THE NORTH BEVERLY PUMP STATION IMPROVEMENTS. The amended resolution was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None 367 Item 14a Councilman Harper stated that four people had called him about the car sales lot on Midwestern Parkway, near Spears Furniture. School children have to walk in the street because the cars are parked right up to the curb. There is no sidewalk. Bob Parker, Traffic and Transportation Director, stated that the cars are parked on private property. The property owner owns the land up to the, back of the curb. Councilman Thomas stated that this has nothing to do with his business, but he thought we had to have sidewalks. City Attorney H.P. Hodge stated that we could not ask a private property owner to put a sidewalk on his property for public use. Councilman Morris noted that we have a potentially dangerous situation there at that school. Councilman Harper feels we need some kind of consistency here. Council- men Morris stated that you cannot see to pull out of the Texaco Station because of the cars parked there. Mr. Berzina suggested that the staff look at it, and see what the alternatives are. ------------------------ Councilman Swift asked for an ordinance requiring plastic bags for curb pick-up. Mr. Berzina stated that it would be _prepared. -------------------------- Councilman Swift also asked for a report on off-duty officers for funeral escort. He has heard nothing about it since he previously asked. -------------------------- Councilman Swift also mentioned that some people are wanting to serve on the Design Review Commission, but he feels the restrictions in the ordinance are preventing some of these people from serving. He would like the ordinance changed to add four members at large. --------------------------- Councilman Thomas requested that the staff look into the possibility of bringing the leasing of all lands under a department of its own, and also all properties of the City of Wichita Falls come under one department. Someone could be assigned as property manager. Parks and Utilities both lease land at Arrowhead and Kickapoo. Mr. Berzina stated that he would look into it. --------------------------- The City Council recessed at 11: 00 a.m. for executive session pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. The meeting reconvened at 2:15 P.M. Moved by Councilman Morris that Gary Cook and Craig Wilson be reappointed to the Ad Hoc Transportation Committee for a term beginning February 16, 1984, and ending February 15, 1985. Motion seconded by Councilman Boston, and carried unanimously. Moved by Councilman Morris that Bob Kline be appointed to the Traffic Safety Council (replacing Max Andrews) for a term beginning February 7 , 1984, and ending March 1, 1985. Motion seconded by Councilman Wilson, and carried unanimously. Moved by Councilman Morris that Randall Poteet be appointed to the Building Board of Adjustments and Appeals (replacing Gary Childs) for a term beginning February 7, 1984, and ending June 8, 1985. Motion seconded by Councilman Wilson, and carried unanimously. ------------------------ 368 The City Council adjourned at 2:17 P.M. PASSED AND APPROVED this day of � L 1984. J i i dry ook, Mayor ATTEST : Wilma J. Thomas, City Clerk A 1