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Min 04/03/1984 401 Wichita Falls, Texas Memorial Auditorium Building April 3, 1984 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 Councilman Charles Harper. Item 3 Moved by Councilman Wilson that minutes of the meeting held March 20, 1984, be approved. Motion seconded by Councilman Morris, and carried unanimously. Item 4a Brenda K. Beaver, an employee of the Traffic Department, was honored as Employee of the Month for April . Mayor Cook presented her with a plaque, and two tickets each to a theatre and dinner. Mayor Cook also presented a Commendation of Merit to Bill McCleavey for his efforts in extingiushing a flame on a bulldozer which he was operating on Holliday Creek on February 29, 1984. Item 5a-10a Items 6a and 6b were moved to the regular agenda. Moved by councilman Morris that the consent agenda be approved. Motion seconded by Councilman Boston. Item 5a ORDINANCE NO. 34-84 AN ORDINANCE WAIVING SECTION 9L(4) APPENDIX A, CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118) TO ALLOW A LOT WITHOUT PUBLIC STREET FRONTAGE TO BE PLATTED FOR PROPOSED LOT 3B, BLOCK 19, MIDWESTERN PARK SUBDIVISION, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 35-84 AN ORDINANCE WAIVING SECTION 9L(6)(C) APPENDIX A, CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118) TO ALLOW AN ARCHWAY TO BE PLACED SIX (6) FEET FROM THE PROPERTY LINE FOR PROPOSED LOT 9A, BLOCK 28, FAIRVIEW ADDITION, WICHITA FALLS, TEXAS 402 Item 5a Cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays: Item 5b ORDINANCE NO. 36-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING PORTIONS OF LINWOOD STREET AND SCOTLAND DRIVE, AND CERTAIN UTILITY AND DRAINAGE EASEMENTS IN SCOTLAND GARDENS ADDITION TO THE CITY OF WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 37-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TEN (10) FOOT WIDE UTILITY EASEMENT LYING BETWEEN LOTS 8-A & 8-B, BLOCK 1 , SOUTHRIDGE ADDITION, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5c ORDINANCE NO. 38-84 ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES, TO ALLOW THE MASKAT TEMPLE TO HOLD ITS ANNUAL SHRINE CIRCUS AT THE D. L. LIGON COLISEUM AT MIDWESTERN STATE UNIVERSITY ON MAY 25, 26, and 27, 1984. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item 6c RESOLUTION NO. 58-84 RESOLUTION GRANTING AN EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6d RESOLUTION 59-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE WICHITA FALLS BASEBALL ASSOCIATION FOR MAINTENANCE OF KIWANIS PARK BALLFIELD NO. 4 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7a RESOLUTION NO. 60-84 RESOLUTION AWARDING CONTRACT TO COSTELLO CONSTRUCTION COMPANY FOR SANITARY SEWER FACILITIES FOR RANCHO VISTA PLACE Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None I 403 Item 7b The bid for flow measuring and recording equipment for use at Lake Arrow- head and Jasper Street Water Plant was awarded to BIF Division General Signal Controls, Inc. , in the amount of $17,724.00. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item 7c The bid for an annual supply of fertilizer for Parks and Fire Departments was awarded to Chemical and Turf Specialty Company, Inc. , in the amount of $9,632.00. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays: None Item 7d The bid for a crack sealing machine was awarded to Crafco, Inc. , in the amount of $6,720.00. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8a Authority was granted to advertise for bids on improvements to the Red Door Senior Citizen Center. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8b Authority was granted to advertise for bids on the Community Development Street Construction Project 84-2. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9a Minutes of the meeting of the Board of Adjustments and Appeals held February 8, 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 March 8, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item 9c Minutes of the meeting of the Planning Board held March 19, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris , and Boston Nays: None 404 Item 9d Minutes of the meeting of the Aviation Advisory Board held February 23, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and Boston Nays: None Item l0a A tax refund in the amount of $1 ,874.18 to Jiffy Food Stores, was approved. This amount represented an overpayment of the installment payment on back taxes. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6a RESOLUTION NO. 61-84 RESOLUTION AUTHORIZING GRANT APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR THE REGIONAL BURGLARY AND THEFT INVESTIGATION SUPPORT SYSTEM. Moved by Councilman Harper that Resolution No. 61-84 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 6b RESOLUTION 62-84 RESOLUTION AUTHORIZING GRANT APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR CRIME-EYE CAMERA OPERATIONS, FOR FIRST YEAR OF FUNDING. Moved by Councilman Morris that Resolution No. 62-84 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 lla ORDINANCE NO. 39-84 ORDINANCE AMENDING SECTION 30-2 (C) (4) OF THE CODE OF ORDINANCES FOR THE CITY OF WICHITA FALLS, TEXAS TO CHANGE THE WRITTEN CONSENT PRO- VISION TO A NOTIFICATION PROCEDURE FOR THE PLACEMENT OF MOBILE HOMES OUTSIDE OF MOBILE HOME PARKS Moved by Councilman Harper that Ordinance No. 39-84 be passed. Motion seconded by Councilman Wilson. Councilman suggested that the $10.00 fee be changed. Subir Mukerjee, Planning Department, stated that they felt this would cover the postage. Mayor Cook noted that there is a $50.00 fee for requests for waiving deed restrictions, and the same amount of work is required for both. Moved by Councilman Harper that the fee be changed to $50.00. Motion seconded by Councilman Wilson. 405 Item lla Cont'd. City Manager, James Berzina, stated that they would verify property owners in the computer system, and the City would send out letters stating that someone desires to put in a mobile home, and the property owners would have the oppor- tunity to object. It provides more creditability for the petition process. Mr. Mukerjee stated that this is only for mobile homes placed outside mobile home parks. Councilman Swift objected. The amended motion was carried by the following vote. !I Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston Nays: Councilman Swift The motion for passage of the ordinance, as amended , was carried by the following vote. i Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston Nays: Councilman Swift Item 11 b ORDINANCE NO. 40-84 ORDINANCE WAIVING ORDINANCES CONCERNING CITY ENFORCEMENT OF DEED RESTRICTIONS FOR LOT 1-A, BLOCK 81 , FAITH VILLAGE UNIT III, WICHITA FALLS, TEXAS Moved by Councilman Harper, for discussion, that Ordinance No. 40-84 be passed. Motion was seconded by Councilman Swift. Councilman Harper stated that he believes this will all go commercial in this area. He would like to add a sixth restriction pertaining to approval of a site plan by the Planning Department. Councilman Wilson asked why he wanted to do this, and Councilman Harper stated that he wanted the access to be on Kemp, rather than Elliott. Councilman Morris suggested that we just state that access will be on Kemp Street instead of Elliott. Subir Mukerjee stated that 34 notifi- cations were sent out and six (6) objected. Councilman Wilson stated that he would be concerned about people leaving that site, and heading north. He would be afraid that we would be encouraging a situation that would be less desirable than traffic coming out on Elliott. The amendment requiring access on Kemp Street was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, and Morris Nays: Councilmen Wilson and Boston Ordinance No. 40-84, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 41-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING PORTIONS OF A CERTAIN ALLEY AND EASEMENT, AND DURANGO STREET IN BLOCKS 81 AND 85, FAITH VILLAGE, UNIT III , WICHITA FALLS, TEXAS Moved by Councilman Harper, for discussion, that Ordinance No. 41-84 be passed. & Motion seconded by Councilman Morris. Councilman Harper asked why Lot 1A would get all the property? Would it not go to all three of the lots? Subir Mukerjee stated that this is just to clear up the title to the property, and the old ordinance. There is a question whether it was closed all the way. i 406 Item llb Cont'd. City Attorney, H. P. Hodge, stated that the title to the property goes beyond the authority of the Council . The Council can close the street, and the property usually goes to the property owner half and half. Unless somebody got a deed or quit claim, he does not see how closing this property would auto- matically make the property go to the owner of Lot 1A. He further stated that if we replat, we need to be concerned that the person replatting it is the legal owner. Council Harper agreed, stating that the owners of these other three proper- ties need to know that it probably belongs to them. He would like to see us notify property owners that there is a gray area out there, and let them work it out. Mr. Mukerjee stated that the intent of the previous ordinance was to close the entire stub, but he feels it was kind of vague, and this would clarify it. Councilman Harper suggested that the Planning Department take a look at the final plat. Mayor Cook suggested that the owners of Lots 3, 4, and 5 be notified to check further for ownership. The motion for passage of Ordinance No. 41-84 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item llc ` ORDINANCE NO. 42-84 ORDINANCE GRANTING WAIVER OF SECTION 25-69 OF THE CODE OF ORDINANCES TO AUTHORIZE TRANSIENT SHOW SPONSORED BY NOTRE DAME SCHOOLS ON THE SCHOOL PARKING LOT AND GROUNDS ON MAY 4, 5, AND 6, 1984 Moved by Councilman Thomas that Ordinance No. 42-84 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 ORDINANCE NO. 43-84 ORDINANCE WAIVING SECTIONS 4-15 AND 4-24 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF BEER AT THE NOTRE DAME SPRING FESTIVAL ON MAY 4, 5, and 6, 1984 Moved by Councilman Thomas that Ordinance No. 43-84 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 lld ORDINANCE NO. 44-84 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO THE ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Councilman Harper that Ordinance No. 44-84 be passed. 1 407 Item lld Cont'd. i Motion seconded by Councilman Thomas. Ed Barrett stated that this represents about half of the remaining money we owe Blue Cross for premium payments, and 7 percent administration fee. The remaining will be funded in this year's operating budget. The City had to pay three months past termination of the contract for them to incur payments to those claims filed after the contract ceased, but costs which were incurred during the claim period. We will get some of this money back in refunds. Mayor Cook stated that he hates to make an appropriation out of equity if it is not necessary. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item Ile ORDINANCE NO. 45-84 ORDINANCE AMENDING SECTION 5-53 OF THE CODE OF ORDINANCES CONCERNING VACCINATION OF DOGS AND CATS AND PROVIDING FOR IMPOUNDMENT, REDEMPTION, AND DISPOSAL OF UNVACCINATED DOGS AND CATS Moved by Councilman Thomas, for discussion, that Ordinance No. 45-84 be passed. Motion seconded by Councilman Swift. Councilman Thomas stated that the only thing he would like to see added is that we need to stress break-away collars for cats. He also asked what would happen if the collar is lost, and what kind of proof the owner would need? Councilman Harper noted that their cats have been vaccinated, but they have been almost killed with collars. There will be a lot of cats in town without collars. Cats cannot stalk a rat with a collar on. Councilman Swift noted that Councilman Thomas is concerned with the fee required to reclaim the cat if the collar is lost, even though they have been vaccinated. It was noted that if a cat has a collar, and is vaccinated, it will not be picked up. The leash law will not apply. The fee is for the City' s cost of having to pick up and impound the cat. Councilman Swift stated that it is much more difficult to put a collar on a cat, and keep it on, than a dog. The City could make a wholesale roundup of cats and collect a $25.00 fee for each. He is not in favor of it. Toni DeSteffano, of the animal shelter, stated that there are four animal control officers on the street. They are not out to round up all the cats. They work mostly on complaints. They have very little time to patrol . It is expensive to maintain an Animal Control Department. The fee is justi- fied. About a year and a half ago they picked up cats. It is on a complaint basis only. Councilman Swift stated that he does not believe this is what it says. The things she is reading into it on her own are not of any consequence. Mrs. DeSteffano stated that a loophole was discovered in the ordinance that did not really apply to cats. They just stopped picking them up. Councilman Swift stated it appears to him that by having the $25.00 charge to redeem them, they will not be redeemed by the owners. Councilman Morris asked why there should be a difference between dogs and cats? Councilman Swift stated there is not any difference. If they are vaccinated there should not be a charge. Mayor Cook noted that this is only a cost to retrieve them. 408 Item lle Cont'd. The motion for passage of Ordinance No. 45-84 was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston Nays: Councilman Swift Item 12a A proposed resolution was presented authorizing the City Manager to execute a loan application/agreement with the Texas Aeronautics Commission for construction of a storage hangar at the airport. A motion was made by Councilman Thomas, and seconded by Councilman Morris, for discussion. Councilman Thomas asked about the time required for the fixed base operator to build a. hangar? Bob Parker, Traffic Director, stated that it is five years, for-:the life ofithe lease. Councilman Wilson asked what would happen if in 15 years we need another airport? What if we relinquished the lease with the Air Force? Mr. Parker was not sure what would happen. Councilman Thomas stated that he understands we can move off and leave it anytime without a penalty at all . He suggested that perhaps we should fund it and make him increase his rent. He might be more encouraged to build it if he could lose his lease. His concern is extension of the lease for an additional 20 years. He would hate to see us have a chance to do something else, and have to be out $50,000 to $100,000. We are now tying ourselves to him, moneywise, and it would cost us to break the lease, if necessary. Moved by Councilman Wilson that we delay action on this until April 17, for a legal opinion. Motion seconded by Councilman Morris, and carried unanimously. Item 12b RESOLUTION NO. 63-84 RESOLUTION APPROVING WATER PURCHASE CONTRACT WITH THE CITY OF HOLLIDAY Moved by Councilman Thomas that Resolution No. 63-84 be passed. Motion seconded by Councilman Boston. City Manager Hammil and Mayor James Cook, from Holliday, were recognized by Mayor Cook. Mayor James Cook expressed appreciation to members of the Council who met with their Council to work out the provisions of the contract. He believes the terms of the contract before us now should alleviate any disputes in the future. He stated that it has been a pleasure to work with them, and hopes we can continue to do this in the future. Mayor Gary Cook also expressed appreciation to the officials of Holliday. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris and Boston Nays: None City Attorney H. P. Hodge presented the executed contract to Mayor James Cook. 409 Item 13a RESOLUTION NO. 64-84 RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF AUTOMATIC IRRIATION SYSTEM ON THE FRONT NINE HOLES AT WEEKS PARK GOLF COURSE TO BOYD CURTIS CONSTRUCTION Moved by Councilman Thomas that Resolution No. 64-84 be passed, awarding the low bid to Boyd Curtis. Motion seconded by Councilman Swift. Councilman Thomas asked what the penalties are if they are not out with- in 60 days? Bill Hursh stated that there are liquidated damages. If he were to leave the job he could take it away from him and he would have to pay for it. Councilman Wilson asked is there no penalty on his part? Mr. Hursh stated there isn't. Councilman Wilson asked how will we assure performance on this without this kind of provision? There is no reason for this person to perform within a given time. City Attorney, H. P. Hodge stated that he would presume that under the bond if he fails to complete it on time, the bonding company would have to pay us what it would cost to complete the job, if we took it away from him. Councilman Wilson stated that something is wrong with this kind of arr- angement. City Manager Berzina stated that when it was bid, he thought we had a penalty contract in it. The second bidder is willing to write the penalty into the contract today. He does not know about Boyd Curtis. Mayor Cook asked who designed the system? Mr. Hursh stated that it was designed by our consulta:nt'. It is designed on a 5 m.p.h. wind factor. The contractor does the staking of the lines provided according to the plans. Mayor Cook stated that he did not want to find green circles in the irrigation system. He wants to be sure it is properly designed, barring abnormal situa- tions, and is concerned with who stakes it for the heads. . It was stated by Bill Hursh that Earl Staton, the consultant, will oversee it. In this case, how much difference would experience make? He is concerned about water to maintain that course out there this summer. Councilman Thomas stated that there is a provision for extra heads that could be added. Councilman Wilson asked how we are going to require performance in the time frame we need? Both he and Councilman Morris are concerned that you can't do anything for 60 days, and maybe he has only done 10 days of work. The City Manager stated that we could tell the contractor everyday that this is an addi- tional day on the contract. He wishes we had tied liquidated damages to this contract. Boyd Curtis stated that he would sign a contract that if he is not finished within 60 days, he will just walk off. It is in the specifications that there are damages of $100.00 per day, if it is not completed. ' The motion for passage of the resolution was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 13b RESOLUTION NO. 65-84 RESOLUTION TO AWARD CONTRACTS FOR ACQUISITION OF SELECTED IBM EQUIPMENT AND TO DISPOSE OF EXCESS IBM EQUIPMENT Moved by Councilman Wilson that Resolution No. 65-84 be passed. Motion seconded by Councilman Morris. 410 Item 13b Cont' d. Jack Humphries, Data Processing Manager, stated that the primary purpose of this is to get additional terminal equipment in the offices. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 14a RESOLUTION NO. 66-84 RESOLUTION APPROVING CHANGE ORDER NO. 6 WITH CONTRACTOR, C. I . OF TEXAS, FOR THE CENTRAL SERVICES COMPLEX- Moved by Councilman Harper for discussion, that Resolution No. 66-84 be passed. Motion seconded by Councilman Morris. Councilman Harper mentioned one item in the contract which should have been in there all along. The designer will pay for this. The change that needed to be added is the amount of curb on Van Buren Street that needed to be changed. Councilman Thomas asked if these developed recently, or was it in the original design? Bob Parker stated that they were able to do some of these things because of deducts in the contract. They hope to be in the building in July. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 15 Councilman Harper mentioned a proposal by Southwestern Bell to the Public Utilities Commission. If it is the way it was explained to him, it seemed like a good thing. He would like the City Manager to take a look at that proposal , and perhaps we could pass a resolution to send to the Public Utilities Commission. No executive session was held, and the City Council adjourned at 10:30 a.m. PASSED AND APPROVED this 1/f/74-day of s 1984. i y ook, PlayoF ATTEST: j Wilma J. Thomas, City Clerk