Loading...
Min 04/17/1984 411 Wichita Falls, Texas Memorial Auditorium Building April 17, 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 j' Craig A. Wilson Howard M. Morris Horace O. Boston James Berzina City Manager III H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer The invocation was given by Charles Moran, Four Square Gospel Church. Item 3 Moved by Councilman Thomas that minutes of the meeting held April 3, 1984, be approved. Motion seconded by Councilman Morris, and carried unanimously. Items 4 & 5 I The returns of the election held on April 7, 1984, were canvassed by the Mayor and City Clerk. RESOLUTION NO. 67-84 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, ON APRIL 7, 1984, FOR MAYOR AND FOR COUNCILMEN, PLACES 4, 5, and 6. Moved by Councilman Thomas that Resolution No. 67-84 be passed. i 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 6 Gary Cook, Craig Wilson, Bill Palmer, and James Welburn were sworn in by City Clerk Wilma Thomas. Mayor Cook presented plaques to outgoing council members Horace Boston and Howard Morris for their service to the City. Mr. Morris stated that he had enjoyed !' this job, and he will miss it. He has enjoyed his association with the Council and very capable city employees; much maligned city employees. Dr. Boston thanked the citizens, staff, and council for the opportunity of service the past four years. He stated that he has enjoyed every minute of it. Councilmen Palmer and Welburn took their places as newly elected Councilmen. i I I ;III 412 Items 7a-lla Moved by Councilman Wilson that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 7a ORDINANCE NO. 46-84 ORDINANCE ACCEPTING IMPROVEMENTS OF A PORTION OF THE 1982 CAPITAL IMPROVE- MENTS PROJECT NO. 82-1 IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 87-82, DECLARING THE CONTRACT WITH ZACK BURKETT COMPANY, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS, FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8a RESOLUTION NO. 68-84 RESOLUTION AUTHORIZING THE FILING OF APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer and Welburn Nays: None RESOLUTION NO. 69-84 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE MASS TRANSPORTATION ACT OF 1964, AS AMENDED. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9a The bid for 13,000 water meters for the special changeout program was awarded to Badger Meter Company in the amount of $251 ,500. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9b The bid for the City's annual linen service was awarded to Flake Industrial Ser- vices, Inc. , in the amount of $7,816.11 . Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Item l0a Authority was granted to advertise for bids for Street Reconstruction Project 84-3 (Pawhuska and Minnetaska) . Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 413 Item lla Minutes of the meeting of the Park Board held March 29, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Wel burn Nays: None Item 12a A public hearing was opened on designation of two blighted areas. Jessie Torres, 1313 North 6th, stated that they had a meeting at Huey School . They agreed on one area which is West of the expressway. He asked where the other one was? Councilman Thomas stated that the other one is in Clift Subdivision, between Arby's and the Cemetery on the South side of the river. Mr. Torres asked about the trailer park being cleared? The City Manager stated that if it were just clearing or demolition, we would not have any information on it since no permit would be required. Mr. Torres stated that they were not in favor of blighting the entire Scotland area. Mr. Torres stated the census information does not include school drop-outs. Roger McKinney stated that census information shows the number of people having a high school education. It is assumed that the remainder did not complete their education, or were under age 18. No one else desired to be heard, and the public hearing was closed. Item 13a Esquel Sanchez, 1805 Pearlie Circle, appeared to discuss public dancing on Sunday. He stated that he is Manager of the G. I . Forum Lodge. Mr. Sanchez stated that the mores of our times have changed since the ordinance was passed prohibiting public dancing on Sunday. We now have topless girls, male dancers, private clubs, and massage parlors . He asked that the ordinance be reviewed because of the changing times. He does not believe this will interfere with the activities of the citizens of Wichita Falls, but he feels it needs to be changed to meet the needs of the citizens. The Spanish heritage has always been known to enjoy dancing more than other ethnic groups. He requested a change for the minority groups. Mayor Cook stated that the Council is open to changes on ordinances which have been on our records for many years. He requested that the staff review this ordin- ance, and bring it back to the Council for discussion. Mr. Sanchez will be noti- fied when it comes up. The Council will look at it on behalf of all the citizens. Item 14a RESOLUTION NO. 70-84 RESOLUTION CALLING UPON THE PUBLIC UTILITIES COMMISSION TO SUPPORT THE CONCEPT OF PROVIDING REDUCED RATES FOR INDIVIDUALS AGED SIXTY- FIVE AND OVER WITH BELOW POVERTY LEVEL INCOMES Moved by Councilman Harper that Resolution No. 70-84 be passed. Motion seconded by Councilman Swift. Councilman Wilson asked if any members of the Council had any feelings about expressing a voice on the option of local measured service? There are still some people in the community that have financial needs just as much as these people below poverty level . M.C. McGee, 2715 Elmwood, appeared as District Manager of Southwestern Bell Telephone Company. He stated that he feels this is a step in the right direction to provide lower rates to people below poverty level . He agrees with Councilman Wilson that there may be others who have a need for this optional measured service. All offices in the State of Texas would be equipped to handle this type of service within a two-year period. I it �I 414 Item 14a, cont'd. Councilman Palmer asked where measured service is being used at this time? Mr. McGee stated that Missouri , Arkansas, and Kansas each has an option. The response has been very good. The lifeline service would be $5.00, and would include 25 outgoing calls. It would be heavily subsidized. The optional measured service would cost $6.60 for the line, plus a charge for each outgoing call . Depending on the customer' s usage, it would or would not provide a profit to the company. He requested that the Council look at the pricing options for the public, and give them a choice to go to that service. The Commission will consider the document these two proposals are included in, in September. Councilman Swift asked if the poverty level is subject to the State' s guidelines? He requested that Mr. McGee advise the people of the poverty level figure when it is available. Mr. McGee stated that he would. Councilman Wilson asked what the federal guidelines are? Roger McKinney stated that the federal poverty level is 80 percent of the median. The median is over $14,000 in our community. Councilman Harper stated that he feels there is room for abuse, and he would want to know more about local option measured service before he does anything else on it. He would be in favor of it as long as it is not subsidized by business calls, etc. He feels people should pay their own way whenever they can. Councilman Wilson agreed. The motion for passage of the ordinance, as presented, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item l4b RESOLUTION NO. 71 -84 A RESOLUTION DESIGNATING THE SCOTLAND AREA AS BLIGHTED AND REQUESTING THE TEXAS ECONOMIC DEVELOPMENT COMMISSION TO ACCEPT THE BLIGHTED AREA AS ELIGIBLE FOR COMMERCIAL PROJECTS Moved by Councilman Thomas that Resolution No. 71-84 be passed, excluding the Scotland residential area. This would only include the area from the Wichita River North to the railroad tracks, and West of the East boundary of the freeway. Motion seconded by Councilman Palmer. Councilman Harper stated that he would yield to the desires of the people in the Scotland area. He knows of another area where they want to use these industrial revenue bonds, and that is the Scotland Motel adjacent to the blighted area. Ken Hines, 2208 Miramar, stated that he believes across the street is considered adjacent to, but if there is any intervening land, there is a problem. The river would be treated the same as a street, he believes. It would be his understanding that everything touching the eastermnost line of the area would be adjacent to it. Councilman Harper stated that the City-County Health Unit would not be in a blighted area. It is very important for the whole city for the river walk to be included. A compromise amendment was moved by Councilman Harper to adopt Option 2, which would include an area along the river East of the freeway. He feels this will still do the same thing that the citizens wanted, which was to not include their home in a blighted area. Impact on the neighborhood will not be greatly affected. Motion seconded by Councilman Welburn. Louis Esquibel , 1317 North 6th, stated that the Scotland neighborhood people decided on the area West of the expressway only. Discussion was made in the area of Warren Street. There were people there last night that were opposed to this area being designated as blighted. Councilman Wilson stated that the property on the North side of the river is adjacent to an existing blighted area. It would be less than a prudent property owner that would 415 Item 14b, cont'd. block out this area. People along an existing blighted area can utilize indus- trial revenue bonds. He does not see a property owner coming along and blocking out this area. He will go with the wishes of the people of the Scotland area. Councilman Thomas stated that he believes it would be an asset to the people of Wichita Falls, but he gave his word to the people in the Scotland area. He sure would like to see us have it, though. Mayor Cook stated that we all represent the citizens of Wichita Falls as a whole, and not just one area. We discussed strip blighting areas in the past, and we did not want to do it. This wreaks of strip blighting. Some members of the Council defeated the blighted area in the Southwest part of Wichita Falls because it did not meet the spirit of the law. We are specializing one project that we were not willing to do several months ago. Councilman Harper disagreed, stating that it meets the spirit of the law. Councilman Wilson stated that we are trying to get a tool for industrial revenue bonds , and we should be consistent. Council - man Harper stated that he is being consistent. The amendment failed by the following vote. Ayes: Councilmen Harper and Welburn Nays: Mayor Cook, Councilmen Swift, Thomas, Wilson, and Palmer The original motion to include the East boundary of Interstate 44 to the railroad tracks, and the West boundary to the river where it joins Interstate 44 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Councilman Thomas asked Mr. Esquibel to explain to the people how this would benefit the people in that area, and perhaps they will come back later and request it. Mr. Esquibel stated that they have no representation on the Council . The Mayor challenged his statement, stating that the Council has done what they requested. Councilman Palmer noted that this area is not blighted. Mr. Esquibel agreed, stating that he understood. RESOLUTION NO. 72-84 A RESOLUTION DESIGNATING MIDTOWN AREA NO. 2 AS BLIGHTED, AND REQUESTING THE TEXAS ECONOMIC DEVELOPMENT COMMISSION TO ACCEPT THE BLIGHTED AREA AS ELIGIBLE FOR COMMERCIAL PROJECTS. Moved by Councilman Harper that Resolution No. 72-84 be passed. Motion seconded by Councilman Thomas. Councilman Wilson asked about the property between Clift Street and closed Baylor Street, and who owns it? The City Attorney stated that he thinks it is part of the cemetery. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 14c RESOLUTION NO. 73-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN APPLICATION/AGREEMENT WITH THE STATE OF TEXAS, TEXAS AERONAUTICS COM- MISSION, FOR CONSTRUCTION OF A STORAGE HANGAR AT WICHITA FALLS MUNICIPAL AIRPORT. i 416 Item 14c, cont'd. Moved by Councilman Thomas, for discussion, that Resolution No. 73-84 be passed. Motion seconded by Councilman Harper. Councilman Thomas stated that this is confusing to him. He has not had anyone ask him for a new hangar. It was noted that it was discussed at the Aviation Advisory Board, and unanimously recommended. Councilman Thomas stated that he is not com- fortable with tying ourselves to a lease until 2009, if we ever get the opportunity to move this facility. General Aviation, to him, means airlines, as well as private planes. Councilman Wilson stated that he is concerned with the continuing obligation of the balance that the City would have to pay if the facility were moved. According to the contract, he is required to have a hangar there by 1987. Director of Traffic Bob Parker stated that there was no way to budget for this program, the way it came out of the Aeronautics Commission in Austin. This provides an alternate source to build it. The lessee will pay up front $50,000, and the re- mainder will be provided by his fuel costs being escalated at certain specified times. City Attorney H. P. Hodge stated that if we are talking about our obligation to the Texas Aeronautics Commission, we are still obligated to them even if we do move to another airport. We will still owe them, but it is our hangar. We also have three other hangars out there that we own. We could move them to another airport if it is economically feasible to do so. Councilman Thomas stated that we should have a depreciation schedule on what we could buy that hangar for at any time we decided to do so. Mayor Cook noted that this is a loan agreement, and the lease agreement has not been drafted, yet. Councilman Thomas stated that he would go along with it if we could have a depreciation schedule showing what we could buy the hangar for. Mr. Parker stated that the lease could be worded showing it is a lease. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 15a Bids were considered on five police patrol sedans. Moved by Councilman Thomas that the low bid be awarded to Ralph Morgan Dodge, in the amount of $53,198.35. Motion seconded by Councilman Wilson, and carried unanimously. Item 16a RESOLUTION NO. 74-84 RESOLUTION ACCEPTING CONSTRUCTION OF WICHITA RIVER GREENBELT PROJECT, PHASE I, AND AUTHORIZING FINAL PAYMENT TO ZACK BURKETT CO. Moved by Councilman Harper that Resolution No. 74-84 be passed. Motion seconded by Councilman Wilson. Councilman Harper noted the increased use of Lucy Park by the public. The motion was carrried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 417 Item 16b RESOLUTION NO. 75-84 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE 1980-82 CAPITAL IMPROVEMENTS PROGRAM, PROJECT 82-1 . Moved by Councilman Harper that Resolution No. 75-84 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 16c RESOLUTION NO. 76-84 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR 1982 COMMUNITY DEVELOPMENT PAVING PROGRAM VII. Moved by Councilman Wilson that Resolution No. 76-84 be passed. Motion seconded by Councilman Swift, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Councilman Harper commended the staff in pulling together these long over- due capital improvement projects. Mayor Cook also expressed his appreciation to the staff, and for the $25,000 savings to the City. Item 16d RESOLUTION NO. 77-84 RESOLUTION ACCEPTING THE REMODELING OF THE CITY JAIL JUVENILE CELLS BY GEORGE BERRE, GENERAL CONTRACTOR. Moved by Councilman Wilson that Resolution No. 77-84 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 16e RESOLUTION NO. 78-84 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH TIMMINS-ANDERSON CORPORATION FOR THE 1983 HEATER SCARIFICATION PROJECT. Moved by Councilman Thomas that Resolution No. 78-84 be passed. Motion seconded by Councilman Harper. Councilman Swift asked what perimeters we use to choose these streets? City Manager James Berzina stated it is by appearance and examination, condition, and volume of usage. Some streets do riot lend themselves to this type of construction. We are also trying to spread it around the community so that it is not just in one geographic location. Councilman Harper asked if anything else had been done about fixing up the brick street on Harrison? Mr. Berzina stated that they are still looking at it. 418 Item 16e, cont'd. They have not reached a decision. Councilman Harper stated that he would like to be apprised before a final decision is made. He feels the brick street should be retained, if possible. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Item 16f RESOLUTION NO. 79-84 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH WALLACE & RAUB CONSTRUCTION COMPANY FOR STABILIZATION OF THE LITTLEST SKYSCRAPER Moved by Councilman Harper that Resolution No. 7.9-84 be passed. Motion seconded by Councilman Thomas. Councilman Harper commented on the need for the change order to repair a wall to keep it from falling out in the street. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays : None Item 16g RESOLUTION NO. 80-84 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH WALLACE & RAUB CONSTRUCTION COMPANY FOR STABILIZATION OF THE ROUTE BUILDING Moved by Councilman Harper that Resolution No. 80-84 be passed. Motion seconded by Councilman Wilson. Councilman Harper stated that he went over this with the contractor and the archi- tect. The specifications required that they replace 60 percent of the roof joists. When the roof was taken off, the entire joists needed to be replaced due to damage from a previous fire next door. The motion was carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 17a Councilman Harper asked for guidance from the Council pertaining to an amendment to the by-laws of Nortex Regional Planning Commission. Since this is a significant in- crease, he wanted some guidelines on how to vote, as Council liaison. Mayor Cook stated that additional funds are available which Nortex can quality for, but it also requires a 50 percent match by the Council . This is the reason for the dues change. The ten cents per capita would raise over $40,000. Ed Daniel , Executive Director of Nortex, stated that the County would be paying more than the flat $50.00. It would be sixteen cents per capita on residents outside city limits. Mayor Cook asked if ten cents per capita would not qualify us? Mr. Daniel stated that the amount was based on both city and county paying ten cents. People in the cities would be paying twenty cents, in effect. Mayor Cook stated that it looks like -we will end up with $4,000 more than is needed if we go to sixteen cents. 419 Item 17a, cont'd. City Manager James Berzina noted that we are paying $9,400, and Electra only $375, with the same amount of votes. He asked if they would consider weighted votes based on participation? The City is getting shafted again. Mr. Daniel stated that weighted votes are used in some other areas. These dues were established in 1966, and no changes have been made since that time. Councilman Thomas emphasized that the County pays only $50, and the City pays $9,420. Mayor Cook stated that the question is how do we want to direct our member to vote in Thursday's meeting? Do we want him to vote for sixteen cents per capita, or ,do we want to table it until the by-laws are structured for a weighted vote? Councilman Wilson agreed with°Option 2. The City Council urged the Com- mission to look at restructuring voting members before passing increased dues. Councilman Wilson requested the City Manager to prepare requests for pro- posals for sale of the Route Building, with provisions to protect the historic characteristics of that building, with input from the Heritage Society to protect the covenants. Councilman Harper asked about accessibility of the Court House as a polling place, and requested that Mrs. Thomas talk with the County Judge about using the lower level where it would be more accessible for the handicapped. He also asked Police Chief Harrelson to work toward horse patrols in Lucy Park. Councilman Thomas mentioned the possibility of a horseback riding facility in Lucy Park. J. C. Boyd, 1613 Easy Street, again explained the original thinking concerning the Littlest Skyscraper. He also noted that 80 percent of the money for the County is within the city limits of Wichita Falls. In effect, when the City and County do something jointly, all you are doing is hanging double taxation on the citizens of Wichita Falls. He feels this is something we should give considera- tion to. He mentioned gerymandering the County map to get commissioners elected, and also the Burnett Street bridge. Mayor Cook stated that history shows that the Burnett Street bridge was the City' s responsibility, but the City was broke, and the County built it. In assisting with the rebuilding of the bridge, we shouldered some of our responsibility. Louis Esquibel, apologized for his earlier broad statement about non-repre- sentation by the Council in the Scotland area. He acknowledged that the Council had done a lot of hard work on it. Items 17b,c The City Council recessed into executive session at 11 :10 A.M. , pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. The meeting re- sumed at 11 :45 A.M. Moved by Councilman Harper that the following be appointed to the Arts Com- mission for terms beginning May 1 , 1984 through April 30, 1986. a. Carolyn Sanders, Lynn Marshall , Earnestine Broyles, Shirley Matthews, and Patricia Bradley--At Large b. Mrs. R. Clay Underwood--Heritage Society c. David Murray--Museum and Arts Center d. Mrs. Calvin T. Hansen--Arts Association e. Tom Crossnoe--Midwestern State University f. Betty Wagner--Civic Chorus g. Roy M. Alamon--Midtown Fine Arts League h. Bob Arnold--Backdoor Theatre Motion seconded by Councilman Thomas, and carried unanimously. i 420 Items 17b,c, cont'd. Moved by Councilman Harper that David Murray be appointed to the Museum and Art Center' s Board of Trustees for a two-year term from May 8, 1984 through May 1986. Motion seconded by Councilman Thomas, and carried unanimously. Councilman Harper explained that he made a gross mistake by participating in the discussion of the blighted area. If it is a conflict of interest, he did not think about it. He feels it is a gray area, and he apoligized to the Council for it. City Attorney H. P. Hodge stated that he did not see that Mr. Harper voting would be a conflict of interest. If a matter comes before the Council approving the hotel project being eligible for industrial revenue bonds , then that would be a situation where there would be a conflict of interest. The City Council adjourned-at 11 :50 A.M. PASSED AND APPROVED this 14Z ay of ' 1fc-t- 1984. 00soo<e., Z190!r- ar Co Mayor ATTEST: Wilma J. Tho as, City Clerk