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Min 08/07/1984 491 Wichita Falls, Texas Memorial Auditorium Building August 7, 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 Charles Thomas Charles Harper Craig A. Wilson Councilmen Bill Palmer James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Thomas E. Swift Absent The invocation was given by Carol Steffa, First Christian Church. Item 3 Moved by Councilman Thomas that minutes of the meetings held July 17 and July 23, 1984, be approved. Motion seconded by Councilman Welburn, and carried unanimously. Items 4a - 9a Items 5c and 6b were moved to the regular agenda. Moved by Councilman Palmer that the consent agenda be approved. Motion seconded by Councilman Harper. Item 4a ORDINANCE NO. 86-84 ORDINANCE ALLOWING TEMPORARY BARRICADING OF AN UNIMPROVED PORTION OF PAWHUSKA DRIVE FOR THE PURPOSE OF PREVENTING UNLAWFUL DUMPING UPON CERTAIN UNIMPROVED PORTIONS OF WEST INDIAN HEIGHTS SUBDIVISION, CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 4b ORDINANCE NO. 87-84 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 32-84, WHICH AMENDS CHAPTER 2, ARTICLE IV, DIVISION 5, OF THE CODE OF ORDINANCES TO ADD SECTION X, FEES Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 492 Item 4c ORDINANCE NO. 88-84 AN ORDINANCE AMENDING SECTION IX OF SECTION 1 , ORDINANCE 32-84, WHICH AMENDS CHAPTER 2, ARTICLE IV, DIVISION 5, OF THE CODE OF ORDINANCES, TO ADD A SUBSECTION 5 DESIGNATING THE WOMAN'S FORUM OF WICHITA FALLS, INC. AS A WICHITA FALLS LANDMARK Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays : None Item 5a RESOLUTION NO. 142-84 RESOLUTION ACCEPTING OWNERSHIP OF HILLCREST CEMETERY. Ayes : Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 6a RESOLUTION NO. 143-84 RESOLUTION TO AWARD BIDS FOR WATER TREATMENT CHEMICALS Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 7a Authority was granted to advertise for bids for Kell utility work. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 7b Authority was granted to advertise for bids for modifications to the sanitary sewer system. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 7c Authority was granted to advertise for bids for a 1000 G.P.M. custom pumper for the Fire Department. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Items 8a - e Minutes of the meeting of the Civil Service Commission held May 22, 1984, were received. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Minutes of the meeting of the Civil Service Commission held June 12, 1984, were received. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Minutes of the meeting of the Planning Board held July 11 , 1984, were received. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays : None 493 Items 8a - e, Cont'd. Minutes of the meeting of the Board of Electrical Examiners held July 12, 1984, were received. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Minutes of the meeting of the Landmark Commission held July 19, 1984, were received. Ayes: Mayor Cook, Councilmen Thomas , Harper, Wilson, Palmer, and Welburn. Nays: None Item 9a RESOLUTION NO. 144-84 RESOLUTION ACCEPTING BIDS FOR TRACTS OF LAND ACQUIRED BY CITY AT TAX SALES. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 5c RESOLUTION NO. 145-84 A RESOLUTION APPROVING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, UNDER TITLE I OF THE HOUSING AND URBAN-RURAL RECOVERY ACT OF 1983 Moved by Councilman Harper that Resolution No. 145-84 be passed. Motion seconded by Councilman Palmer. Gene Shearman, 4207 Lake Park Drive, noted headlines from newspapers dating June 1930, October 1941 , August 1950, May 1958, June 1961 , September 1962, October 1971 , October 1972, May 1975, February 1976, May 1979, Septem- ber 1980, and May 12, 1982, pertaining to flooding in Wichita Falls. He stated that in 1982 one life was lost, and the City experienced 34.6 million dollars in flood damage to homes and businesses. He stated that a Mr. Combs, of the Corps of Engineers, estimated 3.5 million dollars annually in flood damage to the City of Wichita Falls. He stated that they have been studying this for 42 years. On May 16, 1982, the Wichita Falls Flood Task Force Committee was formed. Mr. Craig Wilson was appointed as Chairman. Citizens were heard at the first two meetings. After that no one could appear if they were not on the agenda. Three decisions came out of the Task Force: Install pumps in Colonial Park, write letters to elected officials in Wash- ington, D. C. , and setting the spillway level at Lake Wichita. He read the Policy and Position Statement on Lake Wichita-Holliday Creek Flood Control , adopted by Resolution No. 2495 on April 1 , 1980. He stated that apparently this Council ' s attitude is just like the past administration--help is on the way. He feels it is doubtful that the President will sign the authorization. If we don't start funding our own projects, some of these funds could be jeopardized. If it would cost 35 million dollars by using the Corps' figures , in ten years it will be cost effective. He requested that Community Develop- ment Block Grant funds be used for flood control . He stated that he supports the Wichita River Greenbelt program, but suggested that we get our priorities straight. He stated that Holliday Creek and McGrath Creek can explode at any time. Mayor Cook stated that the item before the Council is for the use of Community Development Block Grant funds. We have three quarters of a million dollars from this fund already available for the Holliday Creek program, plus other funds from revenue sharing and bond funds, for a total of two and one- half million dollars. He noted that in October 1983, there was no flooding on Holliday Creek because of the work which had been done on the Creek with city funds and equipment. Work is continuing on this project. 494 Item 5c, Cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 6b It was recommended by Bob Parker, Traffic Director, that bids be awarded, as follows, for the purchase of traffic signal equipment. a. Traffic Signal Equipment, Inc. - $88,170 for controllers, detectors, and signals b. Traffic Signal , Inc. - $4,771 for poles Moved by Councilman Harper that the bids be awarded, as recommended. Motion seconded by Councilman Wilson. Mr. Parker explained that the equipment will be installed on Kemp Street. The motion was carried unanimously. Item l0a ORDINANCE NO. 89-84 ORDINANCE AMENDING SECTION 7-15 OF THE CODE OF ORDINANCES TO AMEND SECTION 101 .4(b) OF THE STANDARD BUILDING CODE BY ADDING REQUIREMENTS FOR STRUCTURAL STABILITY AND WEATHERPROOFING OF BUILDING WALLS. Moved by Councilman Harper that Ordinance No. 89-84 be passed. Motion seconded by Councilman Wilson. Councilman Harper asked if we need to put anything in here about appearance? Roger McKinney stated that this is difficult to put in. They addressed structure problems they experienced with the walls. City Attorney H. P. Hodge stated that normally an ordinance is not retroactive, but if a situation is one that is hazardous to health and safety, we can apply it. Councilman Harper asked for a report to the Council as to what it would cost on walls in the downtown area if they are not a dangerous situation. He could think of several . Mr. McKinney stated that he will get the information. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 10b ORDINANCE NO. 90-84 ORDINANCE WAIVING SECTIONS 22-1 (a)9 AND 22-4 OF THE CODE OF ORDINANCES TO ALLOW THE POSSESSION AND CONSUMPTION OF BEER AND THE POSTING OF ADVERTISING MATERIAL IN JAYCEE PARK FOR THE TRIATHLON. Moved by Councilman Harper that Ordinance No. 90-84 be passed. Motion seconded by Councilman Thomas. Charles Townsend appeared as Director of the Wichita Falls Triathlon, stating that they attract more than 300 contestants from several states. Proceeds from the event goes to Parks and Recreation. They are requesting a waiver for beer sales. They will swim across Lake Wichita for the event. 495 Item 10b, Cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Palmer, and Welburn. Nays: Councilman Wilson Item 10c ORDINANCE NO. 91-84 ORDINANCE WAIVING SECTION 4-15, SECTIONS 22-1 (a)5, 8 AND 9, SECTION 22-3 AND 22-4 OF THE CODE OF ORDINANCES TO COVER CERTAIN ACTIVITIES SCHEDULED DURING THE RED RIVER CHILI CHAMPIONSHIP. Moved by Councilman Harper that Ordinance No. 91-84 be passed. Motion seconded by Councilman Thomas. Councilman Thomas asked if the Jaycees are planning to establish a permanent location for this event? Jim Gilbert, President, stated that they are. Councilman Thomas stated that he will look forward to working with them. Councilman Harper mentioned people fishing on Jaycee Park beach, stating that there are a lot of lights off down there. Councilman Wilson stated that he feels we are contributing to a potential harmful situation, and he is not in favor of it being held on public property. He noted the complaints of the citizens, and the behavior of the people in- volved. From what police officers told him, there is nothing good that will outweigh the potential harm. He opposes this activity. The recommendation of the Park Board in the past has been to not allow it to be held in the parks. When we look in retrospect that this activity has gone from place to place, it was because of the behavior and crowd control problems involved. Council- man Welburn, a former member of the Park Board, stated that they specifically recommended that it not be held in Lucy Park, and considered the possibility of it not being held on public property at all . Councilman Thomas stated that last year was a very nice and well mannered group. It was held at the race track on F. M. 369. Mr. Gilbert stated that they lost money on the deal last year. It was too far out. It will be fenced in at Jaycee Park, and they do not have to drive through a neighborhood like they did at Lucy Park. The park is their namesake. Sid Litteken, Chairman of the chili cookoff in 1982, stated that they covered every aspect of crowd control . A street department employee gave them authority to use the Sunset entrance three weeks before the event. Tar was put on the road, which forced the crowd through the neighborhood, over which they had no control . A minimum of ten, and a maximum of fourteen police officers were needed. Police Chief Harrelson stated that he had not received a request yet for this year. Mr. Gilbert stated that Mrs. Chasteen had been talking with Major Davis. Bill Hursh assumed that if additional officers are needed, they will get them. He is not sure about the 10-14 number, but he feels they need at least ten. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Palmer, and Welburn. Nays : Councilman Wilson Item 10d ORDINANCE NO. 92-84 ORDINANCE AMENDING DIVISION 6, SECTIONS 2-160.8 THROUGH 2-160.18 OF THE CODE OF ORDINANCES FOR THE PURPOSE OF REORGANIZING THE CLEAN COMMUNITY COMMISSION IN AN EFFORT TO BETTER REDUCE LITTER IN AND ENHANCE THE BEAUTY OF THE CITY; PROVIDING FOR APPOINTMENT, DISCHARGE, DUTIES AND TERMS OF MEMBERS; ESTABLISHING QUORUM; PROVIDING FOR RULES, REGULATIONS AND BYLAWS; PROVIDING FOR FUNDING; PROVIDING FOR DURATION AND TERMINATION. Moved by Councilman Palmer that Ordinance No. 92-84 be passed. i 496 Item l0d, Cont'd. Motion seconded by Councilman Welburn. Councilman Wilson questioned the perpetuity of these commissions, asking if we should set them up with some kind of expiration date so that we can evaluate their usefulness? City Attorney H. P. Hodge stated that all boards are set up for its duration, until the Council determines to terminate it. He stated that the Council can consider some kind of blanket sunset ordinance. He will check the state law, and report back to them. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 10f Discussion was held on a proposed ordinance to allow placement of a mobile home on a lot where there is already an existing structure. A motion was made by Councilman Wilson, and seconded by Councilman Thomas , for passage of the or- dinance. Councilman Harper asked why the mobile home needs to be there 24 months? Ed Ford, owner of the property, stated that there are several reasons. He under- stood that he could replat the property. He could have placed the mobile home there first, and built his business, but he cannot do vice versa. They are trying to eliminate excessive losses, and they are also trying to financially reconstruct the business. He and his family will live there for about 24 months. Councilman Palmer questioned Roger McKinney about other mobile home requests being denied, and was it on commercial property? Mr. McKinney replied in the affirmative. He stated that they have two requests now pending to place a mobile home with an existing house. Councilman Thomas felt there was a lot of difference in residential and commer- cial property. Mr. McKinney stated that there are several residents there which will be contacted. To his knowledge, there are no deed restrictions. Mr. Ford stated that the closest residence is directly behind this property. He stated that the mobile home will be totally hidden from view, except for people directly behind him. Councilman Palmer stated that he is in sympathy with what Mr. Ford is trying to do, but he is wondering what kind of a bag of worms this will open? Mr. McKinney stated that they will be having many requests, and it is extremely difficult to monitor. Councilman Harper asked what the legal entanglements would be if everyone forgot about it for three years? City Attorney H. P. Hodge stated that he could file in Municipal Court if he is in violation of the ordinance. Every day is a separate offense, but it would not necessarily remove it. It can be long and drawn out. Councilman Wilson stated that he feels we need to look at the purpose of the ordinance. The ordinance says structure. It doesn' t say residence. He could have put the mobile home in there first, or he could replat it. Councilman Thomas felt that we should look at each individual case. This is an industrial area, and several mobile homes could be pulled in there. Councilman Palmer is concerned that this action may destroy the effectiveness of the ordinance. Councilman Wilson stated that he would not object to requests from commercial establishments. Councilman Palmer noted that he is very fearful what will happen if we pursue this as the ordinance is written. Councilman Wilson suggested that we approve this, and look at the ordinance. Mr. Ford noted that he has had ten burglaries each year, and the last one was in excess of $20,000. All were reported to the police department. Moved by Councilman Palmer that this matter be tabled for two weeks until we have time to re-draft this ordinance. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Palmer, and Welburn Nays: Councilmen Thomas and Wilson 497 Item ]Of, Cont'd. Someone noted a lien problem on commercial property. Item lOg A proposed ordinance was presented declaring a structure at 401 North Eastside Drive a clear and present menace to public safety. Planning Director Roger McKinney stated that the owner came in this morning and took out a building permit for demolition of the property. Councilman Wilson asked if the $2000 bond is paid by the bonding company to the City if he does not perform, and what is the performance date? Earl Potts stated that he gave the man seven days. ORDINANCE NO. 93-84 ORDINANCE CLOSING HEARING AND FINDING A CERTAIN BUILDING AND/OR STRUCTURE TO BE DANGEROUS, AND REQUIRING IMMEDIATE DEMOLITION TO PRESERVE LIFE AND PROPERTY IN THE CITY OF WICHITA FALLS; ORDERING IMMEDIATE DEMOLITION OF SAID BUILDING AND/OR STRUCTURE; DECLARING AN EMERGENCY. Moved by Councilman Thomas that Ordinance No. 93-84 be passed, with the provision that if he fails to tear it down within seven days , the City will demolish it. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lla RESOLUTION NO. 146-84 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH ZACK BURKETT COMPANY FOR CONSTRUCTION OF OVERNIGHT R.U. PARK ROADS AND PARKING. Moved by Councilman Palmer that Resolution No. 146-84 be passed. Motion seconded by Councilman Harper. It was noted that this is another instance where we provide figures to contractors, and if there is an error it comes back on us. Councilman Harper stated that this is tradition with engineers--not architects. Bill Hursh stated that the Engineering Department shot the grades. Mayor Cook wondered if there is any way that the high paid engineering firm would pay for this? City Attorney H. P. Hodge stated that he feels we would have to pay for what it would cost us if we had it done in the first place. Mayor Cook noted that we may not have done the project in some instances. He confirmed that it does fall back on the City. Councilman Harper suggested that we use a lump sum type of contract, but you won't get them to do it. Councilman Welburn questioned the quality control in these contracts, stating that it seems no one cares. The City Attorney stated that it depends on the kind of contract we have. We do it with our own forces, or the firm. Councilman Harper noted that they carry errors in omissions coverage. Councilman Wilson asked what kind of errors they admit? Councilman Harper stated that this is an error in quantity. They will not cover this. They will cover something being left out in the structure. Mayor Cook stated that he hopes this engineer is added to the file of engineering and professional firms that consistently cost the city money. He is sure this file has been prepared. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 498 Item 1lc RESOLUTION NO. 147-84 RESOLUTION APPROVING CHANGE ORDER NO. 2 AND FINAL PAYMENT TO WALLACE & RAUB CONSTRUCTION COMPANY FOR STABILIZATION OF THE LITTLEST SKYSCRAPER Moved by Councilman Harper that Resolution No. 147-84 be passed. Motion seconded by Councilman Welburn. Councilman Harper stated that this is a continuing problem with everyone, and he feels we should protest this about their shoddy ways. Sam Groves stated that they did protest. Councilman Harper stated that there are no roofers in Wichita Falls who make $10.22 per hour. Councilman Wilson stated that this is one of the reasons he is convinced that the City pays a lot more than a private con- tractor for the work. Mayor Cook stated that we are sending a letter to Congress stating that we don't like it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None RESOLUTION NO. 148-84 RESOLUTION APPROVING CHANGE ORDER NO. 2 AND FINAL PAYMENT TO WALLACE & RAUB CONSTRUCTION COMPANY FOR STABILIZATION OF THE ROUTE BUILDING Moved by Councilman Palmer that Resolution No. 148-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lld RESOLUTION NO. 149-84 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE SHARON LANE 84-1 COMMUNITY DEVELOPMENT STREET CONSTRUC- TION PROGRAM. Moved by Councilman Harper that Resolution No. 149-84 be passed. Motion seconded by Councilman Wilson. Councilman Harper noted that this bid is an example of what we are talking about in specified quantities. This is how engineering work is ordinarily done. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item Ile RESOLUTION NO. 150-84 RESOLUTION TO ACCEPT CONSTRUCTION OF A SANITARY SEWER COLLECTION SYSTEM IN RANCHO VISTA SUBDIVISION Moved by Councilman Palmer that Resolution No. 150-84 be passed. Motion seconded by Councilman Wilson and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 499 Item llf RESOLUTION NO. 151-84 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE 1983 HEATER SCARIFICATION PROGRAM. Moved by Councilman Thomas that Resolution No. 151-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Councilman Harper asked if the asphalt from brick streets could be re-used? The City Manager stated that he feels it would depend on the quality of it. It could be used somewhere else. Councilman Harper requested that the Public Works Department look at the possibility of removing asphalt from all brick streets. Item llg Moved by Councilman Wilson that Change Order No. 2 be approved for the Cypress-Allendale project, to provide for a 24-inch water line from the Cypress Street water treatment plant to Allendale Road. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12a Eugene Conrad, 1619 Bert Drive, requested that 100 percent of Lake Kickapoo water with minimum chemicals be used by the City, dropping only that percentage required by other factors. He stated that it is our best water. Councilman Harper asked why he thinks it is our best water? Mr. Conrad stated that 30 years experience living here makes him think so. He suggested previously that Olney haul water in their trucks before they laid the emergency pipeline. Councilman Welburn asked if the amount of water we sold to Olney depleted the good quality, would it provide the entire needs of Wichita Falls? Mr. Conrad agreed that it would not. He doesn't think it is big enough to stand another pipeline. Mayor Cook noted his request, stating that they would give corre- spondence back to him. Councilman Harper asked how we determine how much chemicals should be put in? Mr. Gross stated that it is tested at the rate of 100 tests per month. Items 12 b, c The City Council recessed into executive session at 10:10 A.M. , pursuant to Article 6252-17, Paragraphs (g) and (e) of the Revised Civil Statutes. The meeting re-convened at 12:35 P.M. Moved by Councilman Wilson that the following board appointments be made. a. Planning Board - Sammy Cruse - August 31 , 1984 through May 23, 1986 (Replacing David Estes. ) Johnny Warren - August 31 , 1984 through May 23, 1985 (Replacing Jim Killebrew. ) b. MHMR - Board of Trustees - August 31 , 1984 through July 31 , 1986. John W. Barfield (Replacing Max Brazil ) Robert Bradley (Replacing Ralph Brown) LaJune Lewis - Reappointed Dr. Hulse Wagner - Reappointed c. Board of Electrical Examiners - Randy Kimbler - Reappointed from August 31 , 1984 through May 31 , 1986. Ronald Chambers - August 31 , 1984 through June 7, 1985 (Replacing Robert Buckbee and Charles Jones. ) 500 Items 12 b, c, Cont'd. Motion seconded by Councilman Palmer, and carried unanimously. The City Council adjourned at 12:40 P.M. PASSED AND APPROVED this CIN day of 1984. L Z-11 ;ar Cook, Mayor ATTEST: 41 ' l Wilma J. T omas, City Clerk