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Min 11/06/1984 571 Wichita Falls, Texas Memorial Auditorium Building November 6, 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 Officer The invocation was given by Roger Dennis, Faith Lutheran Church. Item 3 Moved by Councilman Thomas that minutes of the meetings held October 16 and October 30, 1984, be approved. Motion seconded by Councilman Harper, and carried unanimously. Items 4a - 9g Items 5a, 5c, 5d, 6b, and 7a were moved to the regular agenda. Moved by Councilman Palmer that the consent agenda be approved. Motion seconded by Councilman Harper. Item llb Jeanie Thompson appeared as Administrator of the Youth Activities Advisory Council, stating that Lori Gordon will address the Council. The following members were introduced: Joseph Wurster, Jenifer Hardin, Luke LeVasseur, Russell Ott, and Lori Gordon. Lori Gordon appeared as Chairman of the Youth Activities Advisory Council. She stated that they were proposing dances, a theatre for youth only, and an ice skating rink. She stated that they were looking for a facility to hold the dance on December 15. They have no definite entertainment so far. They plan to charge an admission fee of $2.50, but they don't feel this fee is sufficient to provide entertainment. She requested that the Council waive the fee for the Activities Center. They will have a dance contest. Businesses are contributing prizes for the contest. They plan to use the dance proceeds to defray the activ- ities of their group. They also requested a waiver of the dance fee. Moved by Councilman Thomas that documents be prepared for the next meeting for waiver of these fees. Motion seconded by Councilman Harper, and carried unanimously. Item 4a Patrick J. Halverson, an Accounting Department employee, was honored as Employee of the Month for November. Mayor Cook presented him with a plaque, and two tickets each to a theatre and dinner. 572 Item 5b ORDINANCE NO. 125-84 ORDINANCE AMENDING SECTION 109.1 OF THE STANDARD BUILDING CODE TO REQUIRE APPROVAL OF VARIOUS INSPECTING AUTHORITIES BEFORE A CERTIFICATE OF OCCUPANCY IS ISSUED. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5e ORDINANCE NO. 126-84 ORDINANCE PROHIBITING PARKING IN SPACES DESIGNATED FOR THE DISABLED IN PRIVATE PARKING LOTS; PROVIDING FOR PENALTY; AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6a RESOLUTION NO. 203-84 RESOLUTION ESTABLISHING FEE FOR TRANSFERRING OWNERSHIP OF LEASES ON LAKE LOTS AT LAKE ARROWHEAD AND LAKE KICKAPOO. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6c RESOLUTION NO. 204-84 RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT WITH TEXAS ELECTRIC SERVICE COMPANY IN WEEKS PARK. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6d RESOLUTION NO. 205-84 RESOLUTION TO APPROVE JOINT FUNDING OF WATER MONITORING PROGRAM WITH THE U. S. GEOLOGICAL SURVEY Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7b RESOLUTION NO. 206-84 AWARD OF BID FOR ANNUAL SUPPLY OF VEGA STYLE REPAIR PRODUCTS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8a Authority was granted to advertise for bids for painting the Puckett and 9th Street water towers. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 1 573 Items 9a - g Minutes of the meeting of the Human Relations Commission held September 25, 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 10, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Board of Electrical Examiners held October 11, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Landmark Commission held October 18, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Arts Commission held September 25, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Park Board held October 18, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Employee Benefit Trust Committee held September 27, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5a ORDINANCE NO. 127-84 ORDINANCE AMENDING SECTION 18.201 (c) OF THE FIRE PREVENTION CODE TO REQUIRE FIRE HYDRANTS FOR ALL NEW BUILDINGS AND REGULATING THE PLACE- MENT THEREOF. Moved by Councilman Harper, for discussion, that Ordinance No. 127-84 be passed. Motion seconded by Councilman Swift. Councilman Harper commented that some of the wording seems somewhat vague. He asked what Paragraphs "a" and "b" are in the present ordinance? Earl Potts explained. He also explained the criteria for locating a fire hydrant. Councilman Swift asked how much impact on present installations this will have? Mr. Potts explained that it will not affect existing structures, but that we have many buildings that have no access. 574 Item 5a, Cont'd. Councilman Harper asked if Paragraph (4) pertains to parking lots, also? Mr. Potts stated that it does. It is illegal to block fire hydrants. Councilman Thomas asked if the state code distance is not 500 feet? Mr. Potts stated that is is, but that it is out of date. The Council agreed to change the words "any" to "all" in Paragraphs (1) and (2) . The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5c Discussion was held on a proposed ordinance regulating the use of decorative outdoor gas lighting. A motion was made by Councilman Harper, and seconded by Councilman Thomas, for repeal of the ordinance. Roger McKinney stated that they have had two requests since the ordinance was adopted in 1980. It was passed during the energy crisis. Prohibition was in the federal regulations, and they have quit enforcing them. Councilman Thomas asked what kind of safety we have to shut them down when there are failures? Mr. McKinney stated it would have to comply with the plumbing code. Councilman Harper stated that we still have a gas shortage. Moved by Councilman Harper that this matter be tabled until the Planning Depart- ment can come back with an ordinance disallowing these lights in the City of Wichita Falls. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: Councilman Swift Item 5d ORDINANCE NO. 128-84 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 7, DESIGNATING THE HARDY-CHAMBERS HOUSE AS A WICHITA FALLS LANDMARK Moved by Councilman Harper that Ordinance No. 128-84 be passed. Motion seconded by Councilman Palmer. Councilman Harper stated that we are proud of this structure, and want everyone to know about it. Graphics II was commended for the restoration of this structure. Councilman Thomas noted that it was done by private enterprise. Councilman Harper noted that this is the only example of this type of architecture in the city. , The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6b RESOLUTION NO. 207-84 RESOLUTION ESTABLISHING FEES AND CHARGES IN MUNICIPAL CEMETERIES. Moved by Councilman Palmer that Resolution No. 207-84 be passed. i 575 Item 6b, Cont'd. Motion seconded by Councilman Thomas. Councilman Palmer asked if it is necessary to increase fees every year? Mr. Hursh stated that it is necessary to keep up labor costs. We are trying to get caught up in our fees. Councilman Palmer asked if there are available lots in Hillcrest Cemetery? Mr. Hursh stated that there may be, but he needs to go through the records first. Councilman Palmer noted that it looks like there may have been some burials out there without a stone. Mr. Hursh commented that lot sales may go up next year, but some of these fees will not. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a RESOLUTION NO. 208-84 RESOLUTION TO AWARD BID FOR ELECTRICAL WORK AT LAKE ARROWHEAD PUMP STATION Moved by Councilman Thomas that Resolution No. 208-84 be passed. Motion seconded by Councilman Wilson. Director of Public Works George Bonnett stated that the work here relates to the pumping facility at Lake Arrowhead. The wiring is being replaced. Coun- cilman Thomas asked if we have back-up facilities in case of a failure? Mr. Bonnett stated that we have a back-up facility at Lake Kickapoo. Councilman Thomas noted that the Lake Kickapoo line had been shut down when we experienced the failure before. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10a A public hearing was opened on hazardous structures to be demolished. Roger McKinney stated that his office has not yet received the return receipt on 4102' Humphrey and 2708 Sherman. If they do receive that notice then they would proceed; otherwise, they would remove them, and bring them back at a later date. Councilman Harper asked what kind of requirements we place on contractors who remove these structures? How is a lot supposed to be left? Mr. McKinney stated that they are supposed to clear the lots, and remove the debris to the landfill. Both Councilmen Harper and Thomas mentioned the Ray Barnes lot on Garfield, stating that he needs to check it. ORDINANCE NO. 129-84 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilman Harper that Ordinance No. 129-84 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 E 576 Item 10b A public hearing was opened on hazardous structures to be repaired or demolished. Clarence Yates, 2607 Holliday, stated that he owns six houses, and he is the one who has to do the work. The property was in much worse shape when he bought it than it is now. He is using one building to store materials. Plywood is nailed over the windows. Part of the building has not been replaced, but he has the materials to do so. He will. get it fixed up, as he can. Mayor Cook stated that this ordinance allows 30 days from this date to make repairs. Glenda Newcomb, Code Enforcement Officer, stated that Mr. Yates was notified June 29, 1984, to make repairs. The structure is repairable. They are just asking that it be repaired within 30 days. He was notified of the public hearing on October 22, 1984. The photos were taken yesterday. Mr. Yates stated that the outside is the biggest portion of the work. One room has not been sheetrocked. He wants to retain the shed in the back until he uses the materials. He stated that it would take 60 days to get the house in an acceptable condition, if nothing interfered. Mrs. Newcomb stated that the house is not setting on a foundation. He needs a permit from the building inspector. The house has not been occupied for more than six months. Roger McKinney stated that if the repairs are not made within the 30 days, it will be put on contract for demolition. Barbara White, representing her father, Clifford S. Minor, at 417J Juarez, stated that the tenants are fixing the property up and hauling off trash in lieu of paying rent. Mrs. Newcomb stated that the house was condemned, and it should not be occupied, and that the owner was made aware of this. The photos were taken on October 22. She stated that the house was open, and she went into it on July 30, 1984. Holes were in the walls, and it was condemned. There were no windows and doors. Mrs. White stated that she went into the house on Saturday, and they are living in it. Mrs. Newcomb stated that on October 8 the house was not occupied. Mrs. White stated that someone moved into it the middle of September. Mrs. Newcomb stated that the structure needs a foundation, the roof needs repaired, and the floors are collapsing. The receipt for the mail was signed by Clifford S. Minor on August 7. Barbara Minor White signed for the letter on the public hearing. Councilman Wilson asked Mrs. White what her communication has been with Building Inspection in regard to what she needs to do? She stated she had had no communication. She stated that she saw a red tag on it on Friday. City Attorney H. P. Hodge stated that notice needs to be given either actual or constructed. In this particular case, if notice was not received by the owner, he would have a problem with it. Mrs. White stated that her father has not lived here for 10 years. Mayor Cook noted that she was aware that the notice was given in August. He further noted that the structure has to have repairs made within 30 days, or be torn down. Mrs. White stated that she will not put a foundation under the building. Mayor Cook suggested that she get with building and code enforcement department to see what is needed to provide a safe building in the city. If repairs are not made within 30 days, the building will be removed. She asked who pays for it? Mayor Cook stated that either the property owner removes it, or the City will remove it, and charge a lien to the property. Lee Kelley, 715 and 715a Sullivan, 306 Deggs, and 816 Chance, stated that some demands are being made that he cannot possibly comply with. He stated that he requested an extension on 715 Sullivan about two weeks ago. He is trying to complete 816 Chance for a prospective buyer. Thirty days is not near enough time to complete this work, unless you are a builder. He requested a reasonable period of time to complete this work. He stated that he takes pride in his work to change it into something desirable. Cabinets need to be done, along with carpeting in the living room and den. Councilman Wilson noted that since he is an expert, he is aware of the building requirements, and surely he is not asking that we make an exception for him when he knows the codes, and some do not. He has been in business 35 years, and has had ample time to read and know the code, and abide by it. Glenda Newcomb, Code Enforcement Officer, stated that the pictures not dated were made yesterday. They have discussed with Mr. Kelley what he needs to do to 577 Item 10b, Cont'd. bring it up to standards. She stated that there is no permit in the Building Inspection Department for 808 Chance. She stated that they toured the proper- ties, and he was informed that he would be on the council agenda, and because he has four properties, they would recommend to the Council that he be given 60 days. She stated that 306 Deggs is occupied. Mayor Cook questions why 715A Sullivan was not on an earlier ordinance, because it does not appear that it could be repaired. Mr. Kelley stated that 816 Chance belongs to a deceased sister, but he is in charge of it, according to the records. Mayor Cook stated that he is not willing to grant an extension. The Inspection Department began work in the summer months, and notice was given in October. Councilman Wilson pointed out that it doesn't matter whether he owns 25 properties or one. He is responsible for all of them. These conditions did not sneak up on him, and he knew what was required, no matter whether he was contacted or not. The time frames should not change. If he buys 25 he still has the responsibility to take care of 25. He stated that he is not in favor of a 60-day extension. It was noted by Mayor Cook and Mrs. Newcomb that 808 Chance was brought to the Council in August for repairs in 30 days. He is still working on it on November 6. Mayor Cook stated that the hazard to the public is what they are concerned with, and not pure aesthetics. We are fooling ourselves that 60 days will make much difference in the structures he saw in the photos. The structures were open in the photos. The Council had no interest in extending the time to 60 days, so he has 30 days to do it, and work with Building Inspection Department. ORDINANCE NO. 130-84 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilman Wilson that Ordinance No. 130-84 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 lla Monte Beasley appeared concerning paving assessment charges on 4300 Crest- view Drive. He stated that the interest was paid in March, and he later received a bill for $689.90. He requested that the charges on the corner lot be the same as the interior lot, since the value of the lots is the same. Councilman Wilson asked Mr. Beasley what other method of assessment they could use, except on frontage costs? Mr. Beasley stated that it should be divided between the two lots. Councilman Palmer asked who he would suggest that we send the bill to for the remainder if we lower the assessment? Mr. Beasley stated that the City should pay for it. Councilman Wilson and Mayor Cook asked if he is requesting that the taxpayers in Wichita Falls pay the additional $1200? Mr. Beasley stated that he is not asking that. Chief Accounting Officer Fred Werner stated that the participation paving accounts are set up on a certain amount of payments. Interest at 8 percent simple will be accrued until the note is paid off. The document that Mr. Beasley has was before the error was discovered. The ordinance supercedes any mechan- ical process in the computer system. It has been calculated back to the date of the contract. That document did not calculate the correct amount of interest. Mayor Cook asked if there is an adjustment due on it? Mr. Werner stated that he owes the City. The costs of the previous ones who had already paid were absorbed 578 Item lla, Cont'd. by the City. Mayor Cook commented that we are asking him to pay the amount owed since he owned the property. Mr. Beasley stated that he thought he paid it com- pletely in March. Councilman Palmer noted that he paid an 8 percent simple interest. They have corrected the computer error on the people who have not paid those accounts. Councilman Wilson noted that he paid the interest due. He did not pay the entire debt. Mr. Beasley stated that the paving was completed in 1979. The amount due in taxes, interest, and paving is $3209. Mayor Cook confirmed that he is asking for $1205 off the assessment, and $689.90 on the interest. Mr. Beasley stated that very little has been paid on the principal . He would like to sell it to the Council for $1500. Mayor Cook noted that there seems to be no desire on the Council at this time to make that adjustment. Item 12a Discussion was held on a proposed ordinance to provide for access roadways for Fire Department apparatus for all new buildings constructed, and for marking of fire lanes on privately owned access roadways. A motion was made by Councilman Harper, and seconded by Councilman Welburn, for passage of the ordinance. Councilman Harper asked about the 150 feet in Paragraph " (e) " . Earl Potts explained that we have this type of problem in all commercial businesses. There is no problem at shopping centers, but we do have problems in apartment complexes. Councilman Harper noted that a rear access roadway would have to be required. The standard fire prevention code really does not address this. Mr. Potts stated that 150 feet was used because they are talking about getting a large fire truck behind the buildings. Mayor Cook asked if there are built in revisions to address matters of accessibility concerning parking lots or other surface which could support a fire vehicle? Mr. Potts explained that it would be difficult to single out apartment complexes. Councilman Harper noted that access across an unpaved parking lot or school ground would be sufficient. Mr. Potts stated that we have the Board of Adjustments and Appeals, which may review any situations that may cause a hardship. Mr. Potts cited as an example of a problem in an apartment complex off Maplewood where a fire in the laundry room could not be reached by the Fire Department. Coun- cilman Harper noted that it will cause a hardship with churches and schools. You can lose as much as six or seven weeks through the Board of Adjustments and Appeals. Mr. Potts stated that he would have no objections to working on it some more. Coun- cilman Wilson suggested some tine tuning on sign marking. Moved by Councilman Welburn that this matter be tabled. Motion seconded by Councilman Thomas, and carried unanimously. Item 12b ORDINANCE NO. 131-84 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 900 AND 1000 BLOCK OF SIXTH STREET. Moved by Councilman Palmer that Ordinance No. 131-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12c ORDINANCE NO. 132-84 AN ORDINANCE AMENDING SECTION 7-15, PARAGRAPH THREE (3) OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO PROVIDE FOR NEW BUILDING INSPECTION FEES. 579 Item 12c, Cont'd. Moved by Councilman Harper that Ordinance No. 132-84 be passed. Motion seconded by Councilman Thomas. Councilman Harper favored standardizing the fees. Mr. Potts stated that new residential construction will not be affected. They will have a plan check. The intent was to get a better system; not just to increase fees. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12d ORDINANCE NO. 133-84 ORDINANCE AMENDING SECTION 17-62 SUB-SECTION (B) OF THE CODE OF ORDINANCES TO DECREASE THE CHARGE FOR VACUUM TRUCKS AT THE SANITARY LANDFILL Moved by Councilman Thomas that Ordinance No. 133-84 be passed. Motion seconded by Councilman Wilson. Councilman Harper commented that a vacuum truck could be a vacuum sweeper. Director of Public Works George Bonnett stated that most of these vehicles we are dealing with are car washes, automobile dealers, etc. Parking lots would also be involved if they go to the landfill. The cost of running a landfill is approx- imately $10.00 per ton. Most of these people are bringing 90 percent water in these instances. He recommended that the fee be set at $4.00 a ton for a one- year period, and review it again at that time. The fees might need to be changed. It might be hard to justify $4.00 a ton on good accounting principles. Glen Cobb appeared, stating that most of the load is water, and not solids. This would be an increase in cost of 100-150 percent to the clients. It costs $50.00 now to clean out a service station trap, figuring travel. The new rules would make it about $100. Councilman Swift asked what restrictions we have on what can be dumped from these trucks at the landfill? Mr. Bonnett stated that septic tank contents, pesticides, etc. cannot be dumped there. Mr. Cobb stated that they would en- courage the Council to set the fee to encourage haulers to bring the material to the landfill. Moved by Councilman Wilson that the ordinance be amended setting the fee at $3.00 per ton. Motion seconded by Councilman Harper, and carried unanimously. The ordinance, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12i ORDINANCE NO. 134-84 ORDINANCE TO MODIFY FEES FOR UNLOADING VACUUM TRUCKS AT THE WASTEWATER TREATMENT PLANT Moved by Councilman Palmer that Ordinance No. 134-84 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 580 Item 12i, Cont'd. Councilman Wilson requested that Mr. Bonnett monitor this for the Council. Item 14b RESOLUTION NO. 209-84 RESOLUTION ACCEPTING BID FOR CONSTRUCTION OF AUTOMATIC IRRIGATION SYSTEMS ON MIDWESTERN PARKWAY AND MAPLEWOOD BOULEVARD. Moved by Councilman Palmer that Resolution No. 209-84 be passed. Motion seconded by Councilman Thomas. Parks Director Bill Hursh stated that Mr. Taylor had had irrigation experience on two occasions. Councilman Wilson asked Mr. Hursh if he saw any other problems with Mr. Taylor's bid, other than the bond? Mr. Hursh stated that he didn't. Coun- cilman Palmer asked who designed this irrigation system? Mr. Hursh stated that it was Smith's Gardentown. Glynn Purtle appeared as attorney for Lloyd Taylor III and Boley Featherston Huffman and Deal. He stated that the date on the power of attorney should have been certified on October 23, 1984. It was certified on October 16, 1984. Two bids were submitted by Mr. Taylor. Both bids contained the identical power of attorney, with the exception of the date on them. He requested that the discrepancy be allowed to be corrected, and that the award be given to Mr. Taylor. Councilman Wilson stated that he is not so concerned about the bond, as their experience. Mr. Purtle stated that Mr. Taylor has a mechanical degree from Texas Tech. He further stated that he would not relish the task of defending the bonding company in this case had they chose to run from it. Jimmy Foster appeared, stating that he does not have a problem with it except that it refers to an acceptable bond. If the bond amount had been different, would the bonding company have stood behind it? He feels it should be done exactly like it says. If they had made a typographical error in the amount, such as a low bid amount being submitted, what would have happened? Councilman Harper noted that in his experience the owner is allowed to waive any informalities connected with the bidding. Mr. Purtle stated that there were really two powers of attorney, rather than one. The whole thing is to protect the City in not running from the bid bond. City Attorney H. P. Hodge stated that an agent would have legal authority to execute the bond. If the typographical error had been in the amount, we would be taking a different stance on it. He believes this is something they can waive. Mr. Foster stated that experience also includes getting your papers in proper order. He stated that neither of Mr. Taylor's experiences are of the same size as what this job is. It is not similar in size and type of operation. Neither of these come near the $50,000 contract. Councilman Harper stated that he wished they would not put those things in. The state license says that he has enough experience to do this, and he feels we should also permit it. Mr. Hursh stated that it is to our advantage to know whether he has ever put in an irrigation system. He feels comfortable with his work and experience. Mr. Purtle stated that Mr. Taylor has done 25 jobs, not necessarily of this magnitude. Jimmy Foster stated this is not really putting in a residence. Mayor Cook asked why we are doing Midwestern Parkway from the Jacksboro Highway to the expressway? Mr. Hursh stated that it had been recommended for medians. Irrigation is already in to Taft Street. Councilman Thomas suggested getting license numbers and turn them into the Police Department for cars getting on the medians. Councilman Wilson asked if we have had any irrigation systems with maintenance problems, and if so, how long does it take them to crop up? Mr. Hursh stated that the contractors are willing to work with them on it. Mr. Taylor stated that his largest project was for Dwayne Bell on Midwestern Parkway, which was about one-third the size of this project today. The other i 581 Item 14b, Cont'd. job was for his father at Taylor Foundry. It is a very basic manual system. He has done a half dozen residences. The commercial job was about one-fifth the size of this project. I Councilman Swift stated that he tends to see this as a major mistake, and he will vote against it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: Councilman Swift Item 13c Discussion was held on a proposed resolution agreeing to accept refuse from the City of Holliday. A motion was made by Councilman Harper, and seconded by Councilman Welburn, for passage of the resolution. Jim Hammil appeared as City Manager of Holliday. He discussed dumping refuse at the landfill. He would like a letter of agreement giving two-three years notice if the City of Wichita Falls has to cancel their usage of it. Councilman Wilson asked who benefits from this agreement? What benefit accrues to the City of Wichita Falls? He wonders if we should close the door to an emergency situation that might occur down the line. We had an agreement with Holliday that did not turn out like it seemed at the time it was executed. Economic circumstances might cause some problems later. Councilman Palmer's only problem is putting this restriction on no matter what happens. Mr. Bonnett stated that the City of Holliday has to comply with all of our ordinances. He believes we can handle the 3-year limitation. Moved by Councilman Thomas to amend it to 18 months, and also add an emer- gency situation to get cooperation from Holliday. No second was received. Moved by Councilman Wilson that this matter be tabled. Motion seconded by Councilman Harper, and carried unanimously. The meeting recessed at 12:30, and reconvened at 1:25 P.M. Item 12e ORDINANCE NO. 135-84 ORDINANCE WAIVING SECTIONS 27-29 AND 27-30 OF THE CODE OF ORDINANCES CONCERNING FOUR FOOT OBSTRUCTION-FREE SIDEWALK IN REGARDS TO PROPERTY LOCATED ON THE INSIDE OF THE LOOP OF PLAZA PARKWAY AND MAPLEWOOD AND DESCRIBED AS LOT 1, BLOCK 20, MIDWESTERN PARK, SECTION 1. Moved by Councilman Harper that Ordinance No. 135-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12f ORDINANCE NO. 136-84 AN ORDINANCE WAIVING SECTION 27-29 (C) , CODE OF ORDINANCES, SIDEWALK REQUIREMENTS, FOR LOT 1, BLOCK B-1, SCOTLAND GARDENS ADDITION, CITY OF WICHITA FALLS, TEXAS 582 Item 12f, Cont'd. Moved by Councilman Palmer that Ordinance No. 136-84 be passed. Motion seconded by Councilman Thomas. Councilman Harper withdrew from debate and voting on this matter. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 12g was deleted from the agenda. Item 12h Discussion was held on a proposed ordinance to prohibit outdoor fires except bonfires and fire training exercises. A motion was made by Councilman Welburn, and seconded by Councilman Harper, for passage of the ordinance. Councilman Thomas stated that he is opposed to it. He mentioned health and safety measures which should be accomplished. The Council indicated support for controlled burning. Mayor Cook asked if we could charge an hourly fee for fire equipment and personnel to stand by? Roger McKinney stated that it could be done. It might be hard to establish the fee. Moved by Councilman Harper that this matter be tabled. Motion seconded by Councilman Thomas, and carried unanimously. Item 13a RESOLUTION NO. 210-84 RESOLUTION TO APPROVE ENGINEERING SERVICES CONTRACT WITH THE FIRM OF CORLETT, PROBST AND BOYD FOR 1984-85 CDBG UTILITY PROJECT Moved by Councilman Harper that Resolution No. 210-84 be passed. Motion seconded by Councilman Palmer. Councilman Wilson asked about a higher degree of accountability that would protect us? George Bonnett, Public Works Director, stated that he feels we are on firm ground. He would like to review their policies. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13b RESOLUTION NO. 211-84 RESOLUTION TO APPROVE ENGINEERING SERVICES CONTRACT WITH THE FIRM OF CORLETT, PROBST, AND BOYD FOR 1984-85 CDBG UTILITY PROJECT Moved by Councilman Palmer that Resolution No. 211-84 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 583 Item 13d RESOLUTION NO. 212-84 RESOLUTION AMENDING SECTION 4, RESOLUTION 1057, CONCERNING PROVIDING WATER AND SEWER SERVICE TO INDIVIDUAL OWNERS OUTSIDE THE CITY LIMITS Moved by Councilman Thomas that Resolution No. 212-84 be passed. Motion seconded by Councilman Harper. Councilman Wilson expressed enforcement concern, and how we are going to monitor it. Discussion was held on limiting water and sewer extensions outside the City. Mayor Cook stated that the staff has a petition addressing the problem of selling water outside the city limits as a result of this Council providing water to Maskat Temple, and we need to address this in the immediate future because these people are waiting for an answer. Councilman Thomas noted that this was a non-profit civic organization, as opposed to a property owner. He suggested a provision whereby the City could cut their water off if they did not comply with the requirements. Roger McKinney suggested an annual annexation program to take care of some of these problems. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13e RESOLUTION NO. 213-84 A RESOLUTION ADOPTING THE LAND USE PLAN AS AN ELEMENT OF THE COMPRE- HENSIVE PLAN Moved by Councilman Harper that Resolution No. 213-84 be passed. Motion seconded by Councilman Welburn. Mayor Cook expressed appreciation to the Planning Board and land use com- mittee, stating that he is impressed with the plan. Councilman Wilson stated that this group seems to be working toward a fair and equitable document. The motion was carried by the following vote. Ayes: . Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13f RESOLUTION NO. 214-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH MCCALL, PARKHURST AND HORTON FOR LEGAL SERVICES PER- TAINING TO CYPRESS STREET WATER TREATMENT PLANT EXPANSION PROJECT BOND SALE. Moved by Councilman Thomas that Resolution No. 214-84 be passed. Motion seconded by Councilman Harper. Councilman Harper would like to get travel expenses and other expenses tied down in this contract. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 584 Item 13g RESOLUTION NO. 215-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HERBERT R. SMITH, INC. , FOR THE PERFORMANCE OF PROFESSIONAL FINANCIAL ADVISORY SERVICES. Moved by Councilman Harper that Resolution No. 215-84 be passed. Motion seconded by Councilman Palmer. Murphy Davis, of Herbert R. Smith, Inc. , presented a timetable leading up to receiving proceeds from the bond sale. Exhibit I is their preference for the way it should be accomplished. They will be able to get a little bit better interest consideration from the IRS. Mayor Cook suggested that we make the wording of the contract the same as the first paragraph of the resolution. Councilman Thomas recommended Exhibit I. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13h RESOLUTION NO. 216-84 RESOLUTION AUTHORIZING THE CITY MANAGER 'PO EXECUTE THE CONTRACT TO PROVIDE SCHOOL HEALTH NURSING SERVICE TO THE CITY VIEW INDEPENDENT SCHOOL DISTRICT FOR THE SCHOOL YEAR 1984-'85 AND PROVIDING THAT THE CONTRACT BE RENEGOTIATED EACH YEAR. Moved by Councilman Palmer that Resolution No. 216-84 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 13i RESOLUTION NO. 217-84 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN EASEMENT FOR AN UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM TO TEXAS ELECTRIC SERVICE COMPANY. Moved by Councilman Wilson that Resolution No. 217-84 be passed. Motion seconded by Councilman Thomas. Councilman Harper asked about the line going down the middle of Maplewood? The staff was requested to look at it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 14a RESOLUTION NO. 218-84 RESOLUTION ACCEPTING BID OF LLOYD J. TAYLOR III, DBA TAYLOR & CO. , FOR CONSTRUCTION OF TWO MULTIPLE-EVENT CREATIVE PLAY AREAS IN LUCYLAND AT LUCY PARK. Moved by Councilman Palmer that Resolution No. 218-84 be passed. 1 585 i Item 14a, Cont'd. I Motion seconded by Councilman Thomas, and carried unanimously. Item 15a Moved by Councilman Wilson that final payment to the Individual Development Center be approved in the amount of $550.37. (The contract was exceeded by this amount.) Motion seconded by Councilman Swift, and carried unanimously. Item 15b Moved by Councilman Harper that final payment of oversize costs to install water system in Carriage Hills Subdivision be approved in the amount of $5,597.18 to M. J. Lewis and Associates, Duncan, Oklahoma. Motion seconded by Councilman Wilson, and carried unanimously. Item 16a Councilman Thomas asked if we are still obligated to maintain sewer lines to Lakeside City since their bond issue did not pass? The Mayor and City Manager stated that the contract was not executed. The City Attorney doubted that the contract would be binding if it were not executed. It might be well to fix up some kind of resolution on it. Councilman Thomas mentioned Lake Arrowhead roads. Perhaps the cost could be added to their lease. The City Manager stated that they are ready to meet with those people. He also asked about structures that do not meet requirements. Mr. Hursh stated that they had sent out 15 cancellation notices. Councilman Thomas would like registered letters sent to them. He suggested the City clean them up, and let the next person leasing it pay for it. Items 16b, c The City Council recessed into executive session at 3:40 P.M. pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. The meeting reconvened at 3:45 P.M. Moved by Councilman Wilson that Manning Stires and Norman Beisel be appointed to the Traffic Commission for a two-year term, beginning November 30, 1984 through October 31, 1986. Motion seconded by Councilman Harper, and carried unanimously. The meeting adjourned at 3:50 P.M. PASSED AND APPROVED this day of , 1984. ary D. Cook, Mayor ATTEST: - A Y'_11X� -.4, Wilma J. Tho as, City Clerk