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Min 06/19/1984 462 Wichita Falls, Texas Memorial Auditorium Building June 19, 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 Bill Palmer Q James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Lucy Huff, Wichita Falls State Hospital Chaplain. Item 3 Moved by Councilman Thomas that minutes of the meetings held June 5 and June 6, 1984, be approved. Motion seconded by Councilman Palmer, and carried unanimously. Items 4a - 7a Items 5b and 6a were moved to the regular agenda. Moved by Councilman Harper that the consent agenda be approved. Motion seconded by Councilman Welburn. Item 4a Lee Wingate and George Poloskey, of V. F. W. James L. King, Jr. Post 2147, presented an American Flag to be flown over Rosemont Cemetery in honor of that Post. Mayor Cook accepted the flag, stating that it would be flown, as requested, and expressed appreciation to the Post for this flag which had been presented by Jack Hightower, and which had flown over the United States Capitol . Item 5a ORDINANCE NO. 71-84 AN ORDINANCE MAKING AN APPROPRIATION FROM THE PARTICIPATION PAVING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 463 Item 6b RESOLUTION NO. 114-84 RESOLUTION APPROVING AMENDMENTS TO CIVIL SERVICE RULES ADOPTED BY FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COMMISSION. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays : None Item 7a The bid for the City's annual soft drink vending concession was awarded to Wichita Coca Cola Company for the most competitive retail price (.35 per can) , and a $2.37 per case commission to the City. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5b ORDINANCE NO. 72-84 ORDINANCE AMENDING SECTION 29-148, SUBSECTION (a) OF THE CODE OF ORDINANCES FOR THE PURPOSE OF ADDING PARKING METERS TO THE SOUTH SIDE OF THE 800 BLOCK OF SIXTH STREET. Moved by Councilman Wilson that Ordinance No. 72-84 be passed. Motion seconded by Councilman Thomas. Councilman Wilson asked what has caused the change of opinion of these owners? Bob Parker stated that he did not know, but he thinks perhaps the Atrium Building may have changed owners. Mr. Parsons, Purchasing Agent at First Wichita Bank, had no objections. Councilman Thomas stated that he believed three years ago they planned to cut the sidewalk off, and make it narrower. Installation of these meters would be contingent upon the results after the 90-day period of meter removal downtown. They will remove the no-parking signs presently at this location. Mayor Cook stated that he believed it was a matter of aesthetics in past years, rather than cutting the sidewalk down. Bob Parker commented that Mr. Muehlberger stated he had seen four cars start up at the same time, and move one space since meters have been removed. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer and Welburn Nays: None Item 6a RESOLUTION NO. 115-84 RESOLUTION AUTHORIZING PARTICIPATION WITH OTHER TEXAS MUNICIPAL LEAGUE CITIES IN HEARINGS BEFORE PUBLIC UTILITIES COMMISSION ON TEXAS UTILITIES ELECTRIC COMPANY'S REQUEST FOR RATE INCREASE. Moved by Councilman Palmer that Resolution No. 115-84 be passed. Motion seconded by Councilman Welburn. Councilman Thomas asked if we had notified the Public Utilities Commission that the City of Wichita Falls had denied their request? City Attorney H. P. Hodge stated that they were aware of it through the Texas Municipal League. Councilman Thomas felt it might be a good idea to write them a letter directly and tell them that about 90 percent of the citizens of Wichita Falls have denied their request. Mr. Hodge stated that he would be glad to do so. 464 Item 6a, cont'd. Councilman Palmer stated that he does not understand why they lump us in with the unincorporated areas? He asked if that takes away some of our weight? Mr. Hodge stated that he does not think it does. Councilman Harper asked who the Public Utilities Commission expressed it to that they wanted more participation from the cities? Mr. Hodge felt that it was from the attorneys representing them. Councilman Harper asked if a letter from us would be effective, stating that we oppose it? Mr. Hodge stated that he does not believe it would be because Texas Electric Utilities Company puts on a very convincing show in their presentation of several volumes. He feels the only way it would be effective is to have someone who can make a study of their figures, and present information countering it. Mayor Cook stated that the purpose of our participation is documentation on behalf of all cities opposing this regulation. Mr. Hodge stated that he feels a lot of people felt that the purpose of the Public Utilities Commission was to regulate and protect the ratepayer. They are actually more of a judge and an impartial body. A lot of people got a rude awakening. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Councilman Harper complimented Mr. Hodge on his explanation, stating that he came in here totally prepared to vote against it. Item 8a A public hearing was opened on the application of Michael Griffith for a certificate of public convenience and necessity to operate a limousine service within the City of Wichita Falls. Mr. Griffith requested that the certificate be granted, stating that he believed he could provide a good service to the community. No one else desired to be heard, and the hearing was closed. RESOLUTION NO. 116-84 RESOLUTION GRANTING TO MICHAEL F. GRIFFITH, DOING BUSINESS AS VINTAGE LIMO, A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A VEHICLE FOR HIRE WITHIN THE CITY OF WICHITA FALLS. Moved by Councilman Harper that Resolution No. 116-84 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 9a Anthony Brollier, 1910 Pawhuska Drive, appeared concerning an alleged dump ground, chemical seepage, and other problems in West Indian Heights. Mr. Brollier showed pictures of this area. He stated that Mr. McAda told him it was not a dump ground, but a fill . He mentioned the cut and fill ordinance, and its requirements. He stated that he would like to see this at least 18 inches on the other side of his fence. The chemical seepage is on-going. It kills vegetation. He has also found large chunks of con- crete against his fence. He stated that he thinks he will go to the Tax Appraisal Authority to request a reduction in his taxes . f 465 Item 9a, cont'd. Tom Edmondson, Health Administrator, stated that one of the first things they have done in working with Apex Chemicals is to give them a list of nine items to be corrected within 15 days. They gave the property owners twenty days notice to correct the dumping, or they will be filed upon. Three notices were issued to property owners, one of them to Mr. Brollier, for trash and debris. They have given them until June 22 to correct these items. Councilman Wilson asked what the fine is if they are filed on? The City Attorney stated up to $200 a day. They can also hire a private contractor and attach a lien to the property. Tom Edmondson explained that the dump ground and chemical problem are two separate problems. Councilman Thomas stated that until we enforce this dumping we will continue to have this problem. He would like to see us increase the fine to $20,000, and get their attention. Nobody files on anybody for dumping in this city. Mr. Edmondson stated that if we catch them, we file on them. It is the property owner's responsibility, even though they may not have done the dumping. Councilman Thomas stated they dump at night. If you put a big enough fine on it, the word gets out. Mr. Edmondson stated that the chemical company will dike the area and contain any spills. Restrooms are also needed. There is a list of nine items to be cor- rected. Councilman Thomas stated that the only way you can stop the dumping is to fence it, and sit there 24 hours a day. The owner is responsible for cleaning the lots on private property. Councilman Wilson asked Mr. Edmondson what has taken place in the last twelve months concerning fines? Mr. Edmondson stated that the fines range from $33 to $38. Each offense is a separate fine. He would like to see higher fines. He stated that they have just recently filled the position for the person who files these suits. Councilman Wilson. requested that this be looked at to see if these things have been taken care of. Mr. Brollier asked if it might be a good thing to have one or two other sections to the cut and fill ordinance? He mentioned large items, and also getting the property owner's permission for a dump. Councilman Harper noted that rabbits, turkeys, and ducks are being raised within sight of this area. Mr. Edmondson stated that the ordinance requires ten square feet per animal . They intend to come back to the Council with an ordinance to address these things at budget time. Mayor Cook stated that it is not necessary to wait until budget time, and requested that it be brought to them as soon as possible. Item 10a ORDINANCE NO. 73-84 ORDINANCE WAIVING SECTIONS 4-15, 22-1 AND 22-4 OF THE CODE OF ORDINANCES TO ALLOW THE SALE, POSSESSION AND CONSUMPTION OF BEER AT JAYCEE PARK ON AUGUST 25 AND 26, 1984, FOR RADIO CONTROL CLUB OF WICHITA FALLS COMPETITION EVENT. Moved by Councilman Thomas that Ordinance No. 73-84 be passed. Motion seconded by Councilman Welburn. Linda Hoagland appeared for Muscular Dystrophy requesting waiver of this ordinance for Jaycee Park. Parks Director Bill Hursh stated that they had it last year, and they received no reports of anything happening. Mayor Cook noted that it appeared that there were 30-40 people there last year. It is more of a participant sport than a spec- tator sport. The motion was carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson 466 Item 10b Discussion was held on a proposed ordinance waiving the requirement for taximeters and marking for limousine service for Steve Knudsen and Michael Griffith. It was moved by Councilman Palmer and seconded by Councilman Welburn that the ordinance be passed. Councilman Harper asked how charges are arrived at? It was noted that they plan to charge by the hour. It was also noted that taxicab rates are set by the City. He stated that he has ridden in a prestige limousine in three other cities. If it is unmarked, any car could be taken off the street. We need some kind of marking inside the limousine. There is nothing on rates. City Clerk Wilma Thomas explained that a tag is issued to each vehicle. Mr. Griffith stated that it is usually a pre-arranged contract. Councilman Harper wonders if we need something other than a license plate to show that they are being operated legally. He is concerned that anyone be able to know how to get in touch with the City if they have any questions. City Attorney H. P. Hodge read Section 31-43 of the Code of Ordinances requiring that a driver's license, with picture, be on display in the cab. Councilman Harper desired further information on mileage, hourly fee, and rates. Moved by Councilman Welburn that this ordinance be tabled for further information. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, and Welburn Nays: Councilmen Thomas and Palmer Item Ila RESOLUTION NO. 117-84 RESOLUTION APPROVING FIRST AMENDMENT TO THE LEASE AGREEMENT WITH SOUTHSIDE GIRLS CLUB. Moved by Councilman Thomas that Resolution No. 117-84 be passed. Motion seconded by Councilman Harper. Councilman Harper asked if this had been presented to the Girls Club Board? A man appeared, stating that it had been. They do not anticipate any major problems. There could be a minor problem with Internal Revenue and United Way, but sees nothing that can't be solved. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12a RESOLUTION NO. 118-84 RESOLUTION ACCEPTING BID OF MCGRATH BROTHERS CONCRETE COMPANY FOR CONSTRUCTION OF ROADS AND PARKING LOT IMPROVEMENTS IN JAYCEE PARK. Moved by Councilman Harper, for discussion, that Resolution No. 118-84 be passed. Motion seconded by Councilman Welburn. Parks Director Bill Hursh explained the various alternates. Councilman Wilson asked why we didn' t take bids for asphalt? Mr. Hursh stated it was because of the water in the area. Curbing will be installed. Councilman Harper requested that Biggs and Matthews inspect this, as well as our own inspectors. The roads include two-way traffic, with one parking lane. 467 Item 12a, cont' d. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Item 13a RESOLUTION NO. 119-84 RESOLUTION ACCEPTING CONSTRUCTION OF IRRIGATION SYSTEMS IN EDGEMERE AND HAMILTON PARKS BY BOYD CURTIS CONSTRUCTION. Moved by Councilman Harper that Resolution No. 119-84 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 13b RESOLUTION NO. 120-84 RESOLUTION ACCEPTING CONSTRUCTION OF BOAT LAUNCHING RAMP, PARKING LOT AND ROAD AT DEER CREEK PARK AT LAKE ARROWHEAD BY BOYD CURTIS CONSTRUCTION. Moved by Councilman Harper that Resolution No. 120 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12b Administrative Assistant David Varley presented a request to award the bid for three ambulances. He recommended that the bid be awarded to Summers Ambulance of Duncanville, Texas, in the amount of $110,365. He stated that Summers can furnish two ambulances this week, and one in another week. He stated that Summers will also furnish 100 percent credit on the lease payment, even though their bid only specified 75 percent. He stated that even though the basic bid of Collins is lower, it was stated in the bids that delivery time would be very important. Collins bid 90 days for two, and 60 days for one ambulance. When you consider these factors, the bid of Summers is lower. Blake Clifton appeared for Collins Ambulance, stating that it will take them 60-90 days to build these vehicles to our specifications. He stated that he would loan vehicles to the City at no charge. He stated that they are the low bidder by $2000. Mr. Varley stated that the bids stated that delivery date would be of vital importance. Mike Harmon, Life Line Ambulance operator, stated that he had operated both these ambulances. He recommended the Wheel coach sold by Summers because of the cost of maintenance of the electrical system, particularly. Councilman Wilson asked the City Attorney what the law dictates? Mr. Hodge stated that the law states that the bid will be awarded to the lowest responsible bidder. The low cost is not the only thing you can take into consideration. They can take into account the cost they will spend before delivery. Mr. Berzina stated that the lease price is not a factor in the bid. It was the delivery time that they are talking about. Councilman Palmer asked if loaning the ambulances was part of the original bid? Mr. Varley stated that it was not. 468 Item 12b, cont'd. Councilman Harper stated that in construction bids if you don't accept the lowest bidder who bids, he has seven days to appeal that and himself show cause why he was not accepted, and we have to have a public hearing. He can take it to court, and all this time we cannot do anything until it is settled. City Attorney H. P. Hodge stated that this law does not have anything to do with purchase of personal property. It deals with construction work, and has a cutoff of $200,000. Mr. Varley stated that if we are going to take an offer from Clifton, then Summers should have the same opportunity. Mr. Berzina stated that we are not taking the lease deduct into consideration. We are taking the deli- very date as being important. Mr. Clifton was asked what he was told about delivery date, and Mr. Clifton stated that he was told that it was very important. Councilman Harper stated that he looks at it as though Collins and Summers are even on the use of vehicles. Collins is $2000 less on the bid. Mr. Varley stated that the delivery date is a cost factor to the City, and that was made clear in the bid. Mike Harmon stated that maintenance and safety factor is better on a Wheel ambulance. The relay system in the electrical system in a Collins ambulance has been a problem. Mr. Clifton stated that three years ago they had an electrical problem, but changes have been made. This is the first he has heard on the relay system. Councilman Wilson stated that we are talking about responsibility and also the low bid. Moved by Councilman Wilson that the bid for three ambulances be awarded to Summers Ambulance in the amount of $110,365. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Wilson, Palmer, and Welburn Nays: Councilmen Swift, Thomas, and Harper Councilman Thomas asked Mr. Harmon for his charges. Mr. Harmon was not able to quote them. Mr. Berzina stated that they will get the basic and add-on charges. Item 14a Councilman Palmer asked what we are doing about the cemetery? Mayor Cook stated that it would be the intention of the Council to get releases, and that it be brought back to the Council for consideration. Councilman Palmer requested that it be pursued. Councilman Swift asked about the drainage ditch in the Hursh Addition. He wonders when plans will be formulated for this to be completed? Jack Suggs, Engineer, stated that it went under contract early this year. It is to be concreted. It is under construction, but they have had some problems with the soil . Councilman Swift stated that they are not doing it on Mitzi Circle, off PB Lane. Mr. Berzina suggested that after the meeting they take a look at the plans so that he can see what is being done. Councilman Harper asked if we had liquidated damages in the ambulance contract if they are not delivered on time? The Fire Chief and Purchasing Agent stated that they have a five percent bid bond and a five percent performance bond, but this was not what Councilman Harper was referring to. City Attorney H. P. Hodge stated that he did not know about this. The reason for a provision for liquidated damages is to simplify it. If you have a provision in the contract that performance shall be within 45 days and they don' t deliver, and if we can show that time is of the essence, then they would have to pay. You would have to go to court. Councilman Harper was concerned that some people are bidding on new stuff and some on used stuff. He mentioned doing the same thing on a crack sealer. I 469 Item 14a, cont'd. Councilman Thomas mentioned the exit off 8th Street toward Memorial Auditorium. He thanked Dave Tracey, Street Superintendent, for cleaning out the dump ground between the freeway. Councilman Swift stated that the annual members at WeeksPark Golf Course object to the fee for cart paths. He stated that he would support their position. The additional levy amounts to more than their yearly fees. Mayor Cook explained that a meeting will be held later this month, and those who wrote the letter will be invited to attend. Councilman Swift stated that he would like to attend. Councilman Palmer asked about the sprinkler system at the golf course. Mr. Hursh stated that it should be in operation within a few days. Items 14b, c The City Council recessed into executive session at 10:40 A.M. , pursuant to Article 6252-17, Paragraphs (g) and (e) , of the Revised Civil Statutes. The meeting resumed at 12:55 P.M. Moved by Councilman Wilson that appointments to boards and commissions be approved, as follows. a. Human Relations Commission - Leslie E. Stewart (replacing Ray Hickman) , from June 30, 1984 through December 31 , 1986. b. Board of Electrical Examiners - Charles B. Jones (replacing Robert Buckbee) , from June 30, 1984 through July 1 , 1986. c. Housing Authority Board - J. W. Jackson and Leander Garnett (replacing Winter Johnson and H. Clinton Tittsworth) , from June 30, 1984 through July 1 , 1986. d. Plumbing Advisory Board - Tim Thomas and Bobby Parker, from June 30, 1984 through July 1 , 1986. e. Library Advisory Board - Gracie Gregg, Gaye Jo True, and Rosemary Capps (replacing J. C. Boyd) , from July 1 , 1984 through June 30, 1986. Motion seconded by Councilman Welburn, and carried unanimously. The City Council adjourned at 12:57 P.M. PASSED AND APPROVED this �/�G�� day of 1984. Gar Cook, yor i ATTEST: Wilma J. Thomas, City Clerk