Loading...
Min 02/21/1984 i 369 Wichita Falls, Texas Memorial Auditorium Building February 21, 1984 Items 1 & 2 The City Council of the City of Wichita Falls , Texas, met in regular session Ion 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 Eugene Gordon, University United Methodist Church. Item 3 Moved by Councilman Thomas that minutes of the meetings held January 17 and February 7, 1984, be approved. Motion seconded by Councilman Boston, and carried unanimously. Item 4a - 8a Moved by Concilman Morris that the consent agenda be approved. Motion seconded by Councilman Wilson. Item 4a ORDINANCE NO. 13-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TEN (10) FOOT WIDE UTILITY EASEMENT LYING SOUTH OF THE NORTH LINE 9F LOT 1, BLOCK 1, CIMARRON SUBDIVISION, AND ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 14-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE REMAINING PORTION OF A TWENTY--FIVE (25) FOOT WIDE ALLEY IN BLOCK 32, I. JALONIC ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 4b ORDINANCE NO. 15-84 AN ORDINANCE WAIVING SECTION 9(B) (1) (g) , APPENDIX A, OF THE CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118) , CITY OF WICHITA FALLS, TEXAS PROHIBITING THE CREATION OF DEAD END STREETS FOR SUMNER TERRACE AND IVY LANE, RESIDENTIAL STREETS LOCATED IN LYNWOOD ADDITION OF THE CITY OF WICHITA FALLS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None 370 Item 4c ORDINANCE NO. 16-84 ORDINANCE AMENDING SECTION 8-16 AND ADDING SECTIONS 8-64 AND 8-65 TO THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO PROVIDE FOR DISPOSITION OF PROHIBITED WEAPONS AND PERISHABLE GOODS COMING INTO THE CUSTODY OF THE POLICE DEPARTMENT. Ayes : Mayor Cook, Councilmen Swift,Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5a RESOLUTION NO. 23-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NORTH CENTRAL TEXAS OFFICIALS' ASSOCIATION. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5b RESOLUTION NO. 24-84 RESOLUTION CALLING REGULAR MUNICIPAL ELECTION TO BE HELD APRIL 7, 1984, AND NAMING ELECTION OFFICIALS AND POLLING PLACES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 5c RESOLUTION NO. 25-84 RESOLUTION APPROVING ATHLETIC TOURNAMENT POLICIES FOR CITY ATHCr.TIC FIELDS. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays : None Item 6a The bid for two 72-inch rotary mowers for parks maintenance was awarded to Goldthwaites of Texas in the amount of $16,350. Ayes : Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays: None Item 6b The low bid for a suburban delivery truck for emergency Fire Department use was awarded to Patterson GMC in the amount of $12,614. 12. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6c The bid for a police automated drug enforcement records System was awarded to Radio Shack in the amount of $9,813.60. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6d was omitted from the agenda. 371 Item 6e RESOLUTION NO. 26-84 RESOLUTION AWARDING CONTRACT TO BOWLES CONSTRUCTION COMPANY FOR SLUDGE DISPOSAL SYSTEM Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 7a Minutes of the meeting of the Kemp Public Library Advisory Board held December 12, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 7b Minutes of the meeting of the Kemp Public Library Advisory Board held January 16, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays': None Item 7c Minutes of the meeting of the Park Board held January 19, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays : None Item 7d Minutes of the meeting of the Park Board held February 7, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7e Minutes of the meeting of the Design Review Commission held January 19, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8a RESOLUTION NO. 27-84 RESOLUTION APPROVING REFUNDS OF OVERPAYMENT OF PROPERTY TAXES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 9a A public hearing was opened on the 1983 capital improvements street construction project for Harlan Avenue and Crescent Street. Marion Tinker, 1101 Crescent, stated that he did not object to the im- provements, but was concerned about the amount of time that a contractor utilizes to complete the project. It seems that sometimes the convenience to the public is overlooked by the contractor. He moves equipment back and forth, and he wonders if a time limit can be placed on it. City Manager James Berzina stated that he feels the main thing that will help us is the completion date of the contract. 372 Item 9a cont'd. We are also trying to be more thorough in getting utility lines moved before the contractor starts his work. No one else desired to be heard. ORDINANCE NO. 17-84 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1983 CAPITAL IMPROVEMENTS PROGRAM STREET CONSTRUCTION PROJECT 83-1 IN THE CITY OF WICHITA FALLS, TEXAS FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENTS TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Councilman Wilson that Ordinance No. 17-84 be passed. Motion seconded by Councilman Morris, and carried by the followning vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9b Discussion was held on a proposed ordinance waiving the Code of Ordinances prohibiting signs and other advertising devices in public parks. Councilman Thomas asked what kind of march this is? Parks Director Bill Hursh stated that it is a people's march, without time constraints, etc. The beer dis- tributors will have their advertising all along the trail . Councilman Thomas noted that several people were using Lucy Park on Sunday. ORDINANCE NO. 18-84 ORDINANCE WAIVING SECTION 22-1, SUBSECTION (a) (9) OF THE CODE OF ORDINANCES, WHICH PROHIBITS SIGNS AND OTHER ADVERTISING DEVICES IN PUBLIC PARKS, FOR THE FIRST INTERNATIONAL VOLKSMARCH ON MARCH 17 AND 18, 1984. Moved by Councilman Morris that Ordinance No. 18-84 be passed. Motion Seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris and Boston Nays: None Item 9c ORDINANCE NO. 19-84 ORDINANCE GRANTING A WAIVER OF SECTION 25-16 OF .THE CODE OF ORDINANCES FOR THE PURPOSE OF WAIVING THE ANNUAL DANCE HALL LICENSE FEE FOR A CITY-WIDE HIGH SCHOOL DANCE SPONSORED BY THE YOUTH ACTIVITIES ADVISORY COUNCIL ON APRIL 13, 1984. Moved by Councilman Harper that Ordinance No. 19-84 be passed. Motion Seconded by Councilman Thomas. Councilman Harper stated that this comes from the Youth Activities Advisory Council . They have really worked on this, and are still working. It will be a night that all youth in Wichita Falls can remember, and we can do our part by passing this ordinance. 373 Item 9c cont'd. The motion was carried by the following vote. I� Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9d ORDINANCE NO. 20-84 AN ORDINANCE WAIVING SECTION 8, APPENDIX A, OF THE CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118) , CITY OF WICHITA FALLS, TEXAS ALLOWING LOT 1, BLOCK 7 , EAST EDEN HILLS SUBDIVISION, WICHITA FALLS, TEXAS TO BE PLATTED WITHOUT CONSTRUCTING AN ADJACENT PROPOSED STREET. Moved by Councilman Harper that Ordinance No. 20-84 be passed. Motion seconded by Councilman Boston. Councilman Harper noted that there is an agreement to pave this street when there is a need. Plannina Director Roger McKinney anticipated that the street would be constructed when any of the lots are final platted. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9e ORDINANCE NO. 21-84 AN ORDINANCE WAIVING SECTION 9L(C) , APPENDIX A, CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE 2118) TO ESTABLISH ZERO (0) AND SEVEN AND EIGHT-TENTHS. (7.8) FEET BUILDING LIMIT LINES FOR PROPOSED LOT 7-A, BLOCK 258, NOBLE & HENDERSON SUBDIVISION, WICHITA FALLS, TEXAS. Moved by the Councilman Swift that Ordinance No. 21-84 passed. Motion seconded by Councilman Thomas. Councilman Harper asked what side the zero lot line is on? Roger McKinney stated that it is on the Holliday Street access between 7th and 8th. The Texas Highway Department has no problems with it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris,and Boston Nays: None Item 9f ORDINANCE NO. 22-84 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE THOMPSON ROAD RECONSTRUCTION PAVING PROJECT OF THE CAPITAL IMPROVEMENTS PROGRAM. , Moved by Councilman Wilson that Ordinance No. 22-84 be passed. Motion seconded by Councilman Boston, and carried by the following vote: Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays: None 374 Item l0a RESOLUTION NO. 28-84 RESOLUTION GRANTING WAIVER OF PAYMENT OF RENTAL FEES TO THE ACTIVITIES CENTER FOR PURPOSES OF A YOUTH ACTIVITIES ADVISORY COUNCIL DANCE ON APRIL 13, 1984. Moved by Councilman Thomas that Resolution No. 28-84 be passed. Motion seconded by Councilman Harper. Councilman Wilson asked what would be the basis for permitting waiver of this fee? Mr. Berzina stated that it is a direct agency created by the Council , but the main thing is that it is a group of people coming from a non-earning capacity. Because it is youth involved, it might be easier to defend the precedent. Councilman Swift asked the amount of the fee? Councilman Harper stated that it is $1000. Tickets will be sold. Councilman Wilson stated that his feeling is that this won't be the last time if this is the first. There will be other ob- ligations they will have to meet. He-will not feel comfortable denying this privilege to another group coming to the City. Councilman Harper stated that he does not have any trouble with this group of people, and he would also express the same concern for another group. He feels the Council needs to help them out right now. They are trying to get some money together for other activities. We need to either waive the fee or appropriate the money. The motion was carried by the following vote: Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10b RESOLUTION NO. 29-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE WAIVER LETTER FOR LOCATION OF OIL AND GAS WELL OF HENRY ENERGY CORPORATION NEAR LAKE KICKAPOO. Moved by Councilman Swift, for discussion, that Resolution No. 29-84 be passed. Motion seconded by Councilman Thomas. Councilman Swift asked why this is an irregular location? City Attorney H.P. Hodge stated that his understanding is that when they staked the location they thought it would be in the regular field. They drilled the well , and the Railroad Commission put in another field. Under those specific rules the spacing would be moved up. They designated it as part of the specific field, which required a little different spacing. What we would want to consider is would this spacing cause any undue drainage on our land? The lease touches our land on the North side. Mr. Bill Knowlton, Attorney from Arlington, stated that this is a regulation of the Railroad Commission that all adjoining owners must sign a waiver. It is only a waiver of a single location. The well has already been drilled. Councilman Swift noted that we would waive it after the facts He asked what would happen if we don' t waive it? Mr. Knowlton stated that it would have to go through a fo.rmal notice and hearing process. The City Attorney stated that he feels the Rail - road Commission would want us to tell them how it would hurt the land. He does not believe that the land to the north has been leased by the City. Councilman Harper asked if we are waiving any monetary situations for the City? Councilman Swift stated that he does not know of anything. The City Attorney explained that he relied heavily on the experts of Burns Petroleum Company, who has signed a waiver. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 375 Item 11a RESOLUTION NO. 30-84 RESOLUTION ACCEPTIONG BID OF TIMMINS-ANDERSON CORPORATION FOR CONSTRUCTION OF ROADS AND PARKING LOT IMPROVEMENTS IN KIWANIS PARK. Moved by Councilman Thomas that Resolution No. 30-84 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 llb Bids were considered for oil and grease lubricants. Bob Parker, Traffic and Transportation,stated that Simons Petroleum stated that they misread the bid, and they cannot provide the size of con- tainers. Councilman Thomas asked why we don't have bid bonds? They might read the bid better if we did. Mr. Parker recommended award of the bid to Ayres Oil Company in the amount of $38,062.00. They bid on every line item. Councilman Wilson asked if we require a line item bid from the bidder on whatever it is? Some of the bidders are not interested in some line item bids. He does not see the benefit of a competitive bid if they are not going to sell it to us that way. Why do we ask for bids that way? Purchasing Agent Dick Arndt stated that this is the first time we have had incomplete or partial bids on lubricants. This is also the first time we have received bids from out-of-town bidders. Mr. Parker stated that they put it in there to show what the savings would be if they took the line item option. Councilman Wilson wondered if we are making our bid process more cumber- some? Councilman Thomas stated that his concern is that Ayers and Moore pulled out because they did not read it, and that bothers him. Moved by Councilman Swift that the bid for oil and grease lubricants be awarded to Ayers Oil Company in the amount of $38,062.00. Motion seconded by Councilman Wilson, and carried unanimously. Item llc Bids were considered on automative storage batteries. It was recommended that the bid be awarded to associated Battery in the amount of $10,810.74. Councilman,Swift asked .how old batteries are disposed of? Mr. Arndt stated by spot bidding; taking quotations from dealers. This is not a trade-in value. Moved by Councilman Harper that the bid be awarded to Associated Battery in the amount of $10,810.74. Motion seconded by Councilman Boston, and carried unanimously. Item lld - - - -- - Bids were considered on the City's annual requirements of gasoline and diesel fuel . It was recommended that the gasoline bid be awarded to Grozier-Mann Oil Company in the amount of $493,625, and that the diesel bid be awarded to Grozier- Mann Oil Company in the amount of $233,350. Councilman Wilson asked if this is on an escalating price? Mr. Arndt noted that it is. Moved by Councilman Thomas that both bids be awarded to Grozier-Mann as recommended. i 376 Item lld cont'd Motion seconded by Councilman Swift, and carried unanimously. Item lle Bids were considered on the City' s annual Supply of automative filters. Moved by Councilman Wilson that the bid be awarded to Grozier-Mann in the amount of $28,379.78. Motion seconded by Councilman Thomas, and carried unanimously. Item 12a Mayor Cook named Councilmen Swift, Thomas, and Harper to work with the City staff to review the bid process for water purification facilities. Dr. Barrenberg requested direction of the Council relating to formal designation of the Wichita Falls Human Relations Commission as a 706 federal agency. As it stands now in the State of Texas, a law was passed relating to equal employment, which went into effect in September. All complaints were to be filed with the federal government EEOC. They refer allegations to the state agency. The state agency would defer action to the local agency on all employment complaints. Complaints would be filed with the City and the federal agency. The federal agency would automatically give jurisdiction to the State, which would automatically give it to the City of Wichita Falls. With deferral , if either party were dissatisfied they could continue up the ladder. They would have to show an abundance of information for the State to enter into the appeals process. Four hundred dollars would be returned to the City of Wichita Falls for each case. The money would be for the resolved cases, rather than the number filed. According to the ordinances and laws, there would be no du- plication, but an appeals process. There is no automatic right or wrong no matter whether you are a minority or a large business. It keeps the decision making on a local level . Councilman Harper asked Dr. Barrenberg to tell the Council what physically happens, no matter which method we are using. He stated that the administration is contacted by the complaintant of the allegations. The Administrator attempts to come to a quick and non-public resolution. If there seems to be a real allegation, they attempt to bring the two parties together. If that cannot be done, there is a fact-finding procedure. The final option would be to turn enforcement of it to the legal department for legal disposition in court. The system was geared toward confidentiality. The same thing happens no matter whether you are an agency or not. The difference is that decisions could be made by people who do not have a clear cut understanding of the situation in Wichita Falls. Without it being a designated agency, there is no inclination to stop with the local agency. Mayor Cook asked if $400 compensation is enough? Dr. Barrenberg stated that local autonomy would result. Mayor Cook asked how does one go about getting out of the 706 designation? Dr. Barrenberg was not sure of the escape clause, but it is through notification. Mayor Cook asked if he had received any complaints concerning employment practices? Dr. Barrneberg stated they have one allegation at this time. Mayor Cook asked if these complaints have been satisfied by the complaintant? Dr. Barrenberg stated that one has gone around them to EEOC, and had come to a civil suit. Councilman Morris stated that according to someone he worked with on a liasion basis, when it is a highly sensitive case it would be kicked upstairs. It was noted that Fort Worth, Austin, and Corpus Christi are the only desig- nated agencies. Councilman Harper noted that it appears we have a better chance to keep it on a local basis by this designation. He believes we could get out with the escape clause. He would be willing to let the Human Relations Commission monitor it on a local basis. Councilman Morris stated that he tends to disagree because we have not been operating long enough to have any feel of how many cases would have to go to the state agency. Dr. Barrenberg stated that unless we have the designation we would not know how many cases we would have. Councilman Wilson agreed that we should give it some time because of the question mark which exists on just how many of those cases we should be involved in. 877 Item 12a cunt"d Mayor Cook suggested that there might need to be some education on the ;part of the public to get them to come to the Commission, rather than go higher. lDr. Barrenberg stated that with the designation, he feels they would have a 'reason to come to us first. In either case, the civil courts could also get involved. Councilman Swift stated that he feels we should wait a while to see how many cases we have. He agrees with Councilmen Wilson and Morris. The meeting adjourned at 10:10 A.M. , without an executive session. PASSED AND APPROVED this &� �- day of ? � r-. �' 1984. ary Co Mayor ATTEST: oeo Wilma J. Thomas, City Clerk