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Min 10/16/1984 561 Wichita Falls, Texas Memorial Auditorium Building October 16, 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 X Charles Thomas X Charles Harper X Councilmen Craig A. Wilson X Bill Palmer X James A. Welburn X James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Office The invocation was given by William J. Jones, First Presbyterian Church. Item 3 Moved by Councilman Harper that minutes of the meeting held October 2, 1984, be approved. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Items 4a - 8e Item 9a was deleted from the agenda. Moved by Councilman Palmer that the consent agenda be approved. Motion seconded by Councilman Wilson. Item 4a ORDINANCE NO. 119-84 ORDINANCE AMENDING SECTION 14-71 OF THE CODE OF ORDINANCES, TO PROVIDE REVISED FEES FOR ELECTRICAL WORK AND SETTING A FEE RATE FOR PERMITS ISSUED OUTSIDE THE LIMITS OF THE CITY OF WICHITA FALLS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 4b ORDINANCE NO. 120-84 ORDINANCE AMENDING SECTION 14-50, SUBSECTION (D) AND SECTION 14-51, SUBSECTION (E) OF THE CODE OF ORDINANCES TO REQUIRE A CERTIFICATE OF OCCUPANCY IN ADDITION TO EXISTING REQUIREMENTS BEFORE ELECTRICITY IS CONNECTED; PERMITTING EIGHT (8) CURRENT CONSUMING OUTLETS TO BE WIRED ON ONE (1) CIRCUIT; ADJUSTING WATTAGE PER CIRCUIT ALLOWED FOR FLUORESCENT AND H.I.D. FIXTURES; PROVIDING MAXIMUM WATTAGE PER CIRCUIT FOR RECESSED FIXTURES. 562 Item 4b, Cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5a RESOLUTION NO. 190-84 RESOLUTION APPROVING FEES FOR SUBMITTING LABORATORY SPECIMEN TO THE TEXAS DEPARTMENT OF HEALTH ON BEHALF OF LABORATORIES OUTSIDE THE HEALTH DEPART- MENT, AND REQUIRING ANNUAL REVIEW OF COST AND RECOMMENDATIONS FOR FEE ADJUSTMENTS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5b RESOLUTION NO. 191-84 RESOLUTION ESTABLISHING A FEE FOR SUBMITTING AN ANIMAL HEAD TO THE TEXAS DEPARTMENT OF HEALTH FOR RABIES EXAMINATION; PROVIDING AN EXCEPTION FOR INABILITY TO PAY, AND PROVIDING FOR ANNUAL REVIEW OF THE FEE. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5c RESOLUTION NO. 192-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN EASEMENT WITH TEXAS ELECTRIC SERVICE COMPANY FOR AN ELECTRIC DISTRIBUTION LINE IN WEEKS PARK. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6a The low bid for crack sealing material for the Street Department was awarded to Crafco of Texas, in the amount of $19,500. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6b The low bid for high pressure sodium lamps and luminaires was awarded to AMFAC Electric, of Wichita Falls, in the amount of $23,168.50. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a Authority was granted to advertise for bids to complete the paved road in Williams Park. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Items 8a - e Minutes of the meeting of the Kemp Public Library Advisory Board held Septem- ber 10, 1984, were received. 563 Items 8a - e, Cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Landmark Commission held September 20, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Board of Adjustments and Appeals held September 20, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Planning Board held October 4, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Human Relations Commission held August 28, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None _:tem 10a ORDINANCE NO. 121-84 ORDINANCE TO RESCIND ORDINANCE 118-83 AND TO AMEND SECTION 32-20 OF THE CODE OF ORDINANCES, TO INCORPORATE A PRO-RATA SYSTEM FOR WATER RATES TO BE COLLECTED BY THE CITY Moved by Councilman Palmer that Ordinance No. 121-84 be passed. Motion seconded by Councilman Welburn. Councilman Swift asked for an explanation. George Bonnett, Director of Public Works/Utilities, explained that this will allow the staff to provide for a situation where a person moves into or out of a home, and opens and closes an account during the month. We would charge for the entire month as the ordinance presently is, and charge from the first of the month. What we are doing is to allow us to set up a pro rata charge where you are paying the bill only for those days you actually occupy the residence during the month. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10b ORDINANCE NO. 122-84 ORDINANCE TO RESCIND ORDINANCE 117-83 AND AMEND SECTION 32-57 OF THE CODE OF ORDINANCES TO INCORPORATE A PRO-RATA SYSTEM AND ESTABLISH RATES FOR SEWER SERVICE Moved by Councilman Harper that Ordinance No. 122-84 be passed. 564 Item 10b, Cont'd. 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 10c ORDINANCE NO. 123-84 ORDINANCE TO RESCIND ORDINANCE 121-83 AND TO AMEND SECTION 32-21 OF THE CODE OF ORDINANCES TO ESTABLISH THE POLICIES GOVERNING DEPOSITS FOR ALL PERSONS AND BUSINESSES DESIRING TO USE CITY WATER Moved by Councilman Palmer, for discussion, that Ordinance No. 123-84 be passed. Motion seconded by Councilman Wilson. Councilman Palmer asked if the seven calendar days grace will cause an admin- istrative problem in keeping track of this? Mr. Bonnett stated that it won't. The intent is to provide a mechanism to give a little bit of slack where someone is in financial straits. They have worked it out pretty carefully with the collec- tion people. Councilman Thomas asked if we can eliminate Friday for cutoffs? Mr. Bonnett stated that he would like to give that some thought, and get back to the Council on it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lla RESOLUTION NO. 193-84 RESOLUTION TO AUTHORIZE CONTINUATION OF THE CYPRESS STREET WATER TREATMENT PLANT EXPANSION AND TO APPROVE ENGINEERING FEES FOR THE PROJECT Moved by Councilman Wilson that Resolution No. 193-84 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llb RESOLUTION NO. 194-84 RESOLUTION APPROVING THE APPRAISALS OF PROPERTIES FOR EASEMENTS TO ACCOMODATE WATER AND SEWER MAINS AND AUTHORIZING THE PURCHASE OR CONDEMNATION OF SAME. Moved by Councilman Wilson that Resolution No. 194-84 be passed. Motion seconded by Councilman Welburn. Councilman Thomas asked if this is only a portion of this tract of land? Mr. Bonnett stated that it is only a 20-foot easement. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 565 Item llc Councilman Harper withdrew himself from the discussion of this item because of a possible conflict of interest. RESOLUTION NO. 195-84 RESOLUTION TO APPROVE EXPENDITURE OF WATER AND SEWER FUNDS TO RELOCATE A SEWER LIFT STATION AT THE NEW SHERATON HOTEL AND TO PAY THE OVERSIZE COST ON THE LIFT STATION CAPACITY Moved by Councilman Palmer that Resolution No. 195-84 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None (Councilman Harper did not vote. ) Item lld RESOLUTION NO. 196-84 RESOLUTION GRANTING LAMAR ADVERTISING, INC. , PERMISSION TO MAINTAIN AN OUTDOOR ADVERTISING SIGN IN THE WICHITA FALLS HISTORICAL DISTRICT Moved by Councilman Harper that Resolution No. 196-84 be passed, with the stipulation that the sign will be removed within two weeks. Motion seconded by Councilman Palmer. Steve Mack, Lamar Advertising Company, thanked the Council for the oppor- tunity of the re-hearing, since he was not here at the last meeting. He stated that the cost of the sign had already been expended by the time he was notified to remove it. He previously appeared before the Landmark Commission. He stated that he wonders if they fully understand the expense of this mistake on the part of both he and the City. It cost $3000 for the building of the sign. He stated that he can use 90 percent of the materials somewhere else. He stated that he understands the Landmark Commission on visual harmony. If he had known that in the beginning he would not have done it. He stated that the sign will be taken down, starting this afternoon. He stated that he feels like he has been done wrong. He is concerned about visual harmony all over the City. Because of this, he has submitted a comprehensive off-premises sign ordinance to the Planning Department. He pledged to work with the City in the future. Robert Roach, Attorney for Steve Mack and Lamar Advertising, thanked the staff for their cooperation. He stated that Lamar has elected to remove the sign. They have proposed to the staff a comprehensive off-premise sign ordi- nance. There is no group more conscious of the visual impact of outdoor adver- tising. They are concerned that we maintain visual harmony in the entire community, and in submitting this sign ordinance to the staff for consideration, Lamar pledges its cooperation with the city staff and Council the desires of the business community and the visual harmony of the city. The sign has already been put under contract for removal. Councilman Thomas noted that Mr. Mack made a mistake, and we also made a mistake in issuing the permit on or about April 4. Councilman Thomas suggested that we allow it to remain one year for advertisement of the historical district. Mr. Mack stated that he would be happy to do so. Mr. Roach stated that Lamar will make an irrevocable commitment to remove the sign if negotiations can be worked out with the city staff to recover some of their costs. Councilman Palmer expressed concern at what we would say to other sign people? He feels Mr. Mack should have known about the ordinance which is on the book. Mr. Mack stated that he didn't know. Mr. Roach stated that there are many ordinances of the city that the public is not aware of unless they are reviewed at the Council meetings, etc. They would request the relief suggested by Councilman Thomas. Mayor Cook noted that the $3000 cost to Lamar is predominantly labor, stating that a sign normally generates $600 per month. He asked if this does not already recoup their costs? Mr. Mack stated that it has been basically gratis to the advertisers because of the problems. He has not generally received that much revenue. 566 Item lld, Cont'd. Gayla Morris appeared as Chairman of the Landmark Commission. She stated that they gave serious consideration to their request for 18 months to two years. They are sympathetic, but feel very strongly that the next six months is a very crucial time for the historical district. The property owners down there have bent over backwards to comply with the ordinance, and work with the Commission. If this sign is allowed to stay it will cause hardship on the property owners down there. She requested removal because of the critical nature of the histor- ical district. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Harper, Palmer, and Welburn Nays: Councilmen Thomas and Wilson Item lle RESOLUTION NO. 197-84 RESOLUTION APPROVING THE PROPOSED COST SHARING BETWEEN THE FEDERAL GOVERNMENT AND THE CITY OF WICHITA FALLS, TEXAS RELATING TO THE CON- STRUCTION OF THE LAKE WICHITA DAM AND THE CHANNELIZATION OF HOLLIDAY CREEK. Moved by Councilman Thomas that Resolution No. 197-84 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 llf A motion was made by Councilman Wilson to select Rauchser Pierce Ressness, Inc. , as the City's financial advisor. The motion was not seconded. RESOLUTION NO. 198-84 RESOLUTION DESIGNATING OR SELECTING HERBERT R. SMITH, INC. AS THE CITY'S FINANCIAL ADVISOR FOR 1984-85 CYPRESS STREET WATER TREATMENT PLANT EXPANSION PROJECT. Moved by Councilman Harper, for discussion, that Resolution No. 198-84 be passed. Motion seconded by Councilman Swift. Councilman Swift asked if we have a financial advisor at the present time? Mayor Cook stated that we do, but it was written for the 1979 bond issue. With the selling of these bonds, it deleted the firm from the contract. He also asked why it was written for selected issues? Mr. Berzina stated that it would give the Council authority to select the issues they want to consider. Councilman Swift asked if this resolution were passed for selected issues, what would happen? Mr. Berzina stated that you would deal with issues one at a time. You would have to notify him that he was selected for each issue. It would take some kind of action from the Council for that. There would be a contract come back to the Council for each issue. Mayor Cook stated that the financial advisor is helping to structure the whole project. Selection of bond counsel was discussed. Councilman Harper and Fred Werner both noted that we could select our own bond counsel. McCall, Parkhurt, and Horton have been our bond counsel for the past 25-30 years. Councilman Harper noted that they probably do 85 percent of the bond counsel work for the entire State of Texas in water projects. In addition to this, Councilman Harper proposed that we select bond counsel for this, and also the Ringgold project. He would like to interview them. 567 Item llf, Cont'd. The motion was carried by the following vote. Ayes: Councilman Swift, Thomas, Harper, Palmer, and Welburn Nays: Mayor Cook and Councilman Wilson Item llg RESOLUTION NO. 199-84 RESOLUTION APPROVING CERTAIN GRANTS TO THE ARTS AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION. Moved by Councilman Palmer that Resolution No. 199-84 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 The City Manager noted that the Arts Commission decided not to ask for additional funds. Item llh Discussion was held on a proposed resolution designating the Human Relations Commission as a 706 agency. City Attorney H. P. Hodge stated that he and Dr. Barrenberg had met on how this works. From all the information they got, the first step is for the EEOC to designate the agency. That is part of the package that goes to the state agency. They were not able to lay their hands on a model contract. They con- cluded that the proper steps would be for the Council to authorize the request to the EEOC that it be designated an agency. They will then sit down with the State to negotiate a contract, and then bring it back to the Council for consid- eration. RESOLUTION NO. 200-84 RESOLUTION DESIGNATING THE WICHITA FALLS HUMAN RELATIONS COMMISSION AS A 706 DEFERRED AGENCY, AND REQUESTING SUCH DESIGNATION BY THE U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH THE TEXAS COMMISSION ON HUMAN RIGHTS. Moved by Councilman Thomas that Resolution No. 200-84 be passed. Motion seconded by Councilman Welburn. Mayor Cook emphasized that we are not anticipating any additional staff, and that we would begin receiving money for resolved cases. Dr. Barrenberg pledged his word on it. Dr. Barrenberg stated that it was working until they found that something was not going in their favor, and they went around them to the State. When it leaves Wichita Falls it presents a real cost factor for both the business and the employee. Councilman Palmer asked who handles the complaints when they go somewhere else? Dr. Barrenberg stated it is the Texas Human Relations Commission. In granting this status, there would only be one change. It would guarantee that cases were handled locally. The only time they would look at it is for administrative review. The City of Wichita Falls would also receive $400 for resolved claims. Councilman Palmer asked how we are going to supervise and control these claims? Councilman Swift stated that you would not control it. Dr. Barrenberg stated that a city employee is handling the investigating procedure. The replacement of the Chairman of the Human Rela- tions Commission is determined by the Council. It is important to recognize that the City Council holds him accountable, and any member of the Commission can be replaced. Councilman Palmer stated that he had talked with two personnel managers, and they were scared to death. They do not have unanimous support of this. 568 Item llh, Cont'd. Councilman Swift stated that if it is allowed to remain here, he will face about 150 more claims. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, and Welburn Nays: Councilmen Swift, Wilson, and Palmer Item 12a RESOLUTION NO. 201-84 RESOLUTION ACCEPTING BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AN ELEVATING SCRAPER Moved by Councilman Thomas that Resolution No. 201-84 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 12b RESOLUTION NO. 202-84 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE PURCHASE OF A 100 HP LOADER Moved by Councilman Thomas that Resolution No. 202-84 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 13a Councilman Thomas asked if we had received a financial statement from Life Line Ambulance? David Varley, Administrative Assistant, stated that it was received last night. Fred Werner stated that they have not read it. Mr. Varley stated that they are doing dispatching. They are still buying (and paying) for the fuel. They are billed twice a month. Councilman Thomas also noted that we had taken over the street lighting in the city, and asked if they would not also be put in charge of the parks so lighting can be kept on? Bob Parker stated that he will take a look to see how many lights we would have to buy. They are a lease purchase from Texas Electric. Councilman Thomas stated that the lights stay out for months at Lake Wichita, and in the parks. If we have a light department he would like them to take over all the lights. Councilman Harper stated that he would like to see the sign ordinance that the Lamar man talked about. Roger McKinney stated that the staff has it now. Councilman Harper stated that he would like to proceed to hire a bond counsel with a good lawyer for the water projects. Councilman Harper also asked about the dead animal contract. Mr. Berzina stated that he thought the County passed it. 569 Item 13 a, Cont'd. Councilman Swift asked about hogs in the city. City Attorney H. P. Hodge stated that every owner except one (on River Road Lane) has got rid of the hogs. One owner has hired a lawyer, and plans to take us to court. They are inves- tigating the best way to handle it. It will be resolved very shortly. Health and Inspection have been cleaning up the area. They don't want to let the case rock on three or four years. Items 13b, c The City Council recessed into executive session at 9:45 A.M. , pursuant to Article 6252-17, Paragraphs (a) and (e) of the Revised Civil Statutes. ^'he meeting resumed at 11:40 A.M. Moved by Councilman Wilson that the following board appointments be made. a. Mayor's Commission on Status of Women - Kathryn B. Tubbs - October 31, 1984 - September 30, 1985. b. Youth Activities Advisory Council - October 31, 1984 - May 31, 1985: Dee Dee Vaden - Hirschi Christina Torres - Hirschi Joseph Wurster - Rider Lori Gordon - Rider Barry Williams - Wichita Falls Jenifer Hardin - Wichita Falls Meredith Belk - Notre Dame Luke LeVasseur - Notre Dame Tami Strickland - Holland Russell Ott - Holland Motion seconded by Councilman Thomas, and carried unanimously. The City Council adjourned at 11:45 A.M. PASSED AND APPROVED this day of , 1984. Gar Cook, Mayor ATTEST: Wilma J. Aomas, City Clerk