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Min 09/04/1984 521 Wichita Falls, Texas Memorial Auditorium Building September 4, 1984 Items 1 & 2 i 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 Q Councilmen Craig A. Wilson Q Bill Palmer Q 14,E 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 Melvin Bradley. Item 3 Moved by Councilman Palmer that minutes of the meeting held August 21 , 1984, be approved. Motion seconded by Councilman Harper, and carried unanimously. Items 4a - 9d The following items were moved to the regular agenda: 6a, 6c, 6d, 7a, 7b, and 9b. Moved by Councilman Palmer that the consent agenda be approved. Motion seconded by Councilman Welburn. Item 4a Edward A. Matelski II , a Health Department employee, was honored as Employee of the Month for September. Mayor Cook presented him with a plaque, and two tickets each to a theatre and dinner. Item 4b Mayor Cook read a proclamation to the Citizens of Wichita Falls concern- ing the right to vote, and designating September as voter registration month. He stated that this is a freedom we often take for granted, and he urged that each of us remind our friends and colleagues to register and participate in our national election. Item 5a ORDINANCE NO. 102-84 ORDINANCE WAIVING SECTIONS 4-15 AND 4-24 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF BEER AT OUR LADY OF GUADALUPE CHURCH ON SEPTEMBER 15 AND 16, 1984. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 522 Item 6b RESOLUTION NO. 156-84 RESOLUTION FOR COUNCIL APPROVAL TO PARTICIPATE IN THE TEXAS FLUORIDATION PROJECT BY ACQUIRING STATE-FUNDED EQUIPMENT TO FACILITATE CITY FLUORIDATION OF WATER Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6e RESOLUTION NO. 157-84 RESOLUTION APPROVING THE GRANTING OF A SPECIAL RULE 37 PERMIT TO W. A. LOFTON ON HIS CITY OF WICHITA FALLS WELL NO. 1 IN S.P.R.R. COMPANY SURVEY NO. 1 , A-440, ARCHER COUNTY, TEXAS, NEAR LAKE KICKAP00. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6f RESOLUTION NO. 158-84 RESOLUTION AUTHORIZING AN AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE NORTH TEXAS HOUSING FINANCE CORPORATION TO INCLUDE THE CITIES OF HOLLIDAY, TEXAS AND QUANAH, TEXAS, AND THE COUNTY OF WILBARGER, TEXAS, AS SPONSORING LOCAL GOVERNMENTAL UNITS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8a Authority was granted to advertise for labor and materials for installation of creative play structures at Lucyland. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8b Authority was granted to advertise for bids for labor and materials for tennis court resurfacing. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9a Minutes of the meeting of the Park Board held May 24, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9c Minutes of the meeting of the Board of Electrical Examiners held August 9, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 523 Item 9d Minutes of the meeting of the Plumbing Advisory Board held August 16, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn GNays: None Item 6a Discussion was held on a proposed resolution establishing fees for Weeks Park Golf Course, effective October 1 , 1984. It was moved by Councilman Thomas, and seconded by Councilman Palmer, that the resolution be passed. Councilman Palmer stated that he had had considerable discussion with senior golf members, and he wonders if we have this straightened out, yet? Parks Direc- tor Bill Hursh stated that they agreed to include one of their members on our subcommittee. They did not recommend to change it. Councilman Harper stated that he understood that they did not mind paying it, but they would rather pay it on the anniversary of their payment. Mr. Hursh stated that they had talked about it. There is a provision that calls for the trail fee to be paid. Coun- cilman Palmer asked how long we will collect this fifty cent trail fee? Mr. Hursh stated that the trail system is less than ten percent complete. Mr. Hursh stated that the seniors understood that they wanted to get the critical areas completed first. They may want to address this later. Mr. Hursh stated that the Park Board had not reviewed the fees--only the cart fee. He explained that the staff reviewed the fees, and made recommendations. Moved by Councilman Thomas that this item be tabled, and that it go back to the Park Board to review the fees, and bring it back to the Council for con- sideration. Mr. Hursh stated that the Park Board did not usually review fees. Coun- cilman Thomas stated that the Park Board is advisory for the operation of our parks, and he feels they should review them. Mayor Cook assumed that when these fees are established, they take into consideration other local golf course fees. Mr. Hursh stated that we are below those in the metroplex area, but that we compare to those of River Creek. Motion seconded by Councilman Swift, and carried unanimously. Item 6c Discussion was held on a proposed resolution approving charges for surface damages to city-owned land by oil drilling operations. It was moved by Councilman Palmer, and seconded by Councilman Welburn that the resolution be passed. Councilman Palmer stated that we are setting one fee without regard to damage to the land. Councilman Swift stated that he did not protest it because chances are 99-100 that a well drilled on city land will not cause any problems. There may be other factors that could be considered, and damages should be com- mensurate instead of a flat fee. Councilman Palmer would prefer this be a minimum rather than a maximum. Councilman Swift stated that someone from the City should go out and see where they are going to drill the well . The normal damages are only going to include the road going into it, and the well itself. Moved by Councilman Palmer that this matter be tabled until the City Attorney has time to re-write it with a $500 minimum, and each location be analyzed by someone with proper knowledge to establish the damages. Councilman Thomas asked if we have a grass lease on this? The City Attorney stated that we do. This doesn' t affect the rental , however. Motion seconded by Councilman Wilson, and carried unanimously. 524 Item 6d RESOLUTION NO. 159-84 RESOLUTION TO APPROVE AN ELECTRICAL ENGINEERING AGREEMENT FOR WORK AT THE LAKE ARROWHEAD PUMP STATION Moved by Councilman Harper that Resolution No. 159-84 be passed. Motion seconded by Councilman Thomas. Councilman Harper asked who this engineering company is? Director of Public Works George Bonnet stated that they are a consulting firm only. They are heavy duty power industrial electricians. They also have a wind generation arm in their company. They asked for a liability insurance policy equal to the amount of their consulting fee. He estimates $7000 for construction. Councilman Thomas complimented Mr. Bonnet for a good job, stating that he appreciates the savings. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a Bids were considered on annual requirements for office supplies and paper products. Moved by Councilman Thomas that bids be awarded, as follows. a. Office Supplies - Wilson Office Supply - $8,403.97 b. Binders - West Wholesale - $893.80 c. Envelopes - Empire Paper - $1 ,337.44 d. Paper - Empire Paper - $6,565.00 Motion seconded by Councilman Wilson. Richard Arndt, Purchasing Agent, stated that this paper is used by typists, for the copying machine, and the print shop. Mayor Cook asked if there would be any additional savings based on quantities if other cities in the area joined in with us in the purchase of these products? Mr. Arndt stated that he feels there might be in some areas. With a cooperative purchasing agreement in this area, we might not use the quantity that would provide a savings in office supplies, but we perhaps could in purchase of paper. Mayor Cook believes this is something we should consider. Mr. Arndt stated that he would be happy to develop a cooperative purchasing agreement. He will contact other purchas- ing agents in these cities. The motion was carried unanimously. Item 7b Bids were considered for an annual supply of computer paper and forms. It was recommended that the bid be awarded to West Wholesale in the amount of $41 ,670.16. Moved by Councilman Thomas that the bid be awarded, as recommended. Motion seconded by Councilman Swift. Councilman Thomas asked if we are using a lighter weight paper this year? John Riley, of Data Processing, stated that this is the lightest weight that can produce the copies. He also stated that we received relatively low response to this bid. This bid represents $3300 less than last year, but with a reduced quantity. Prices are higher. Councilman Palmer asked if most of these forms are pre-printed? Mr. Riley stated there are both types in this bid. 525 Item 7b, Cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9b Moved by Councilman Palmer that minutes of the meeting of the Park Board held July 19, 1984, be received. Motion seconded by Councilman Wilson. Councilman Thomas asked where the August meeting minutes are? Parks Director Bill Hursh stated that they are behind. Councilman Thomas noted that this is September, and we are just now receiving minutes from May and July. He stated that they should see these minutes earlier, because if it were not for the people contacting the Council , some of these things may not have been done. Councilman Thomas asked Mr. Hursh what particular person does these minutes? Mr. Hursh replied by stating that it is his responsibility. Mayor Cook asked if Motion 1076, pertaining to the trail fee study, had been completed? Mr. Hursh stated that it has not been. Councilman Thomas also asked about certain equipment, which Mr. Hursh stated that he will look at it. The motion was carried unanimously. Item l0a A public hearing was opened on the 90-day trial period for parking meters. Moved by Councilman Thomas that we extend it through the Christmas season for evaluation. Motion seconded by Councilman Welburn. Alicia Sanchez, 915 7th Street, agreed that it should be extended until Christmas. Bob Cameron, 812 loth Street, stated that he has received favorable com- ments from his customers. He believes it has improved the parking situation, and he would like to see it continued indefinitely. J. C. Boyd, 215 Hamilton Building, stated that he is not authorized to speak for Midtown Now, but many have expressed an interest in continuing the no parking meters downtown. This has been favorably received by both managers and the public. He found that in Salt Lake City the parking money was used to build downtown parking facilities. He favored continuing this until Christmas. Dwight Cummings, 800 7th Street, stated that moving the vehicles on a voluntary basis is good, as long as it can be enforced. Certain individuals have found a way to beat the system. Until we can enforce it, we are still facing the same problems of employees of downtown businesses parking there all day. They move the car every two hours. They would make U-turns in the street swapping parking places to beat the system. He stated that he did not know the .answer to the problem at this time. City Manager James Berzina stated that we also need to talk about funding. About $80,000 of the budget is funded by parking money. The streets downtown were paid for by the citizens. We need some dialogue for making up the short- fall from those who requested this in the first place. He also noted, in response to a comment by Mr. Boyd regarding free parking at the mall , that these parking lots are not paid for by the citizens. He also noted that there was a decline, a gain, and then another decline of parking fines assessed during this trial period. 526 Item 10a, Cont'd. Dr. Barrenberg asked if increased business without meters would be made up by an increase in sales tax? Councilman Swift stated that there is no way to differen- tiate between the sales tax paid by Sikes or downtown, and that he does not believe this is pertinent at all . The tax is the same no matter where it is spent. Mr. Berzina stated that we would have to address this in the budget. Mayor Cook stated that when a situation lasts for a majority of the year, it ceases to be a trial period. He also stated that they had even received reports of wet towels being used to remove the chalk marks from the tires. We have not had a savings, but a loss. Mr. Cummings stated that he had seen on several occasions that the person who owns the car almost immediately wipes off the chalk. In some cases they have been caught, but the meter maid seems to be helpless in these situations. Councilman Thomas stated that if they are caught doing this, the police should be called, and the car picked up for fraud. Councilman Wilson stated that he does not think another 90 days will help. It will not change anything. They will have no other information. Mr. Berzina stated that Mr. Parker met with representatives that have some information to present to the Council at a later date. He does not think we need the 90 days to do it. They should be ready by our next Council meeting. Councilman Thomas asked how much money are we saving by not having meter maintenance, money collection, etc? Mayor Cook stated that the people are still being utilized in enforcement, rather than meter repairs, etc. Councilman Harper asked how many tickets we have issued this year compared to other years, and what is our cost in doing this? Ed Barrett, Assistant City Manager, stated that there are three employees doing the tire marking. There is also a supervisor, who divides his time between this and other areas. These are the same number of employees we had before the meters were taken out. They use three Cushman scooters. Tickets are $3.00 each. They do not all make $600 a day by issuing 200 tickets per day. We are looking at $100,000 for the budget to re- place this revenue. Councilman Palmer stated that he does not have enough information to make a decision, and he moved that this matter be tabled until the next meeting, with the understanding that the report will be available to them from the downtown merchants to make this recommendation. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Wilson, Palmer, and Welburn Nays: Councilmen Thomas and Harper Item lla Dwight Cummings appeared as owner of Redco Loan Company at 800 7th Street. He stated that the problem is the downtown employees who park downtown every day. It is not the customers. One company takes 7-10 parking spaces out of the 15 avail- able. They were interviewed on television on July 5, and they indicated that they planned to continue. Mr. Cummings stated that he has more than 400 signatures of people who come into his business every month. They are longtime customers, and many are over 50 years of age. He contacted neighboring businesses. With one exception, they were not opposed to parking meters for his customers. He stated that he has talked with Mr. Parker, and that he can handle whatever they do in the matter of parking. He requested that two 15-minute meters be installed in front of his business. The main thing he is concerned about is for other businesses in the area. Councilman Thomas stated that because of the situation he has, and also the post office having meters, he feels it would not be any problem to maintain 30-minute meters. He feels that would be better than 15-minute meters because of enforcement problems. He recommended that we put these two meters back on the poles. He also wondered why the meters have not been installed at the Court House Annex, which were voted more than 90 days ago. 527 Item lla, Cont'd. Mr. Cummings stated that Vernon Regional Junior College employees are the ones using the meters. They did not endorse his position. They intend to park wherever there is a space. Councilman Wilson noted that some employers provide their own parking. Mr. Cummings stated that he has rented spaces in a parking lot for his employees to park. Councilman Swift stated that several of the other business people may want to have meters installed. If the Council would accommodate all of them he would not have any problem with it. City Attorney H. P. Hodge stated that we would need an ordinance to place these two meters here. Mayor Cook requested that an ordinance be prepared and presented for their consideration at the next council meeting. Mayor Cook also stated that some preliminary investigation had been done of a downtown parking authority to build a parking facility. This was a joint request of Tom Bacus and himself about a year and a half ago. He suggested that they also look at the parking authority downtown to see what would be involved. Item 12a A proposed resolution was presented authorizing new contracts with two tennis professionals. A motion was made by Councilman Thomas, and seconded by Councilman Swift for passage of the resolution. Councilman Thomas asked who evaluates these tennis professionals, and their operation? Mr. Hursh stated that these employees are not really full time. Councilman Thomas stated that he has doubts about these employees in looking at the way the facilities have gone down. He asked if the Park Board has evaluated how many students and tournaments they have out there? Mr. Berzina stated that the Parks Board is only advisory in nature, and this is a staff problem. It was noted that the tennis courts are losing $100,000 per year from expenses and lack of play. Mayor Cook stated that he thinks we are seeing a change in times, and tennis has lost its popularity. Councilman Thomas stated that he had checked with a sporting goods store, and their sales are holding up well . Mayor Cook noted that he previously had a hard time finding a place to play, but now he has no trouble. Councilman Thomas ques- tions whether we are doing everything we can do to promote this program. Mr. Hursh stated that we have a good junior program, and it is because of these employees out there. Adult playing is down. Councilman Thomas stated that perhaps we should do something about paying these pros $2000 a month. Councilman Palmer stated that he understood that the pros pay their employees. These previous city employees will no longer receive benefits from the city. Mr. Hursh agreed that these employees did have some questions about it. Mr. Hursh stated that Glen Jamison is Recreation Superintendent, and he will have to approve any employee the pro hires. It was noted that if Hamilton Tennis Center has deteriorated, then they have a problem which Mr. Hursh needs to address. Councilman Thomas stated that the tournaments held here are not being generated by the pros, but by outside industries. Mr. Hursh stated that they are continually spending more money, and taking in less. Councilman Thomas stated that he did not see that we should renew these contracts without knowing why we are losing money. Moved by Councilman Thomas that this be tabled for further study. He referred this to the City Manager, stating that if we don't need a park board, he would recommend that he come back at the next meeting to abandon it. Mr. Berzina stated that he will not recommend that the Park Board be abolished because they have a place; however, any board sometimes has the tendency of stepping over their bounds. Self-serving interests have a way of changing direction. They should be advisors of park policy, but not per- sonnel . Motion seconded by Councilman Swift, and carried by the following vote. Ayes: Councilmen Swift, Thomas, Harper, Wilson, and Welburn Nays: Mayor Cook and Councilman Palmer 528 Item 13a ORDINANCE NO. 103-84 ORDINANCE AMENDING PORTIONS OF CHAPTERS 14-21 (C) , 14-23(A) , AND 14-23(D) OF THE ELECTRICAL CODE OF THE CITY OF WICHITA FALLS, TO CHANGE THE FEES IN TESTING FOR JOURNEYMAN AND MASTER ELECTRICIAN LICENSES IN WICHITA FALLS. Moved by Councilman Harper that Ordinance No. 103-84 be passed. Motion seconded by Councilman Welburn. Councilman Harper stated that there had been some accusations that tests were being made up to prevent some people from obtaining a license. He feels that this is unfounded, but this is an attempt to quash the accusation. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 14a Bids were considered for the City' s insurance program. It was noted that the City saved $130,000 to re-bid this insurance. Moved by Councilman Harper that the bid be awarded to Fred S. James Company, as follows. a. General and Fleet Liability - $104,500.00 b. Medical Professional Liability - $123-574.00 Motion seconded by Councilman Welburn. Risk Management Administrator Mark Wilson stated that the present carrier did not bid. Today's bid is the bid of our existing carrier. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None The City Council recessed at 11 :33 A.M. into executive session pursuant to Article 6252-17, Paragraph (g) of the Revised Civil Statutes. The meeting resumed at 12:55 P.M. , and immediately adjourned. � a PASSED AND APPROVED this day day of r, 1984. Craig A. Wils n, Mayor Pro tem ATTEST: Wilma J. Thomas, tity Clerk