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Min 11/20/1984 i 586 Wichita Falls, Texas Memorial Auditorium Building November 20, 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 j 8:30 o'clock A.M. , with the following members present. i Gary D. Cook Mayor Thomas E. Swift Charles Thomas 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 Charles Harper Absent The invocation was qiven by Merle Pedigo. Item 3 Moved by Councilman Thomas that minutes of the meeting held November 6, 1984, be approved. Motion seconded by Councilman Palmer, and carried unanimously. Items 4a - 7c Items 4c, 5f, 6c, and 6d were moved to the regular agenda. Moved by Councilman Palmer that the consent agenda be approved. Motion seconded by Councilman Welburn. Item 4a ORDINANCE NO. 137-84 ORDINANCE TO AMEND SECTION 10, PARAGRAPH (F) , OF APPENDIX A (SUBDIVISIONS) OF THE CODE OF ORDINANCES Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 4b Refund of wrecker rotation fees was approved in a total amount of $3,088.75. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 5a RESOLUTION NO. 219-84 RESOLUTION ACCEPTING BID FOR TRACT AT 1219 GLADIOLUS, ACQUIRED BY CITY AT TAX SALE. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None 587 Item 5b RESOLUTION 220-84 RESOLUTION GRANTING WAIVER OF PAYMENT OF RENTAL FEES TO THE ACTIVITIES CENTER AND GRANTING A WAIVER OF DANCE HALL LICENSE FEES FOR PURPOSES OF A YOUTH ACTIVITIES ADVISORY COUNCIL DANCE ON DECEMBER 15, 1984. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 5c RESOLUTION NO. 221-84 RESOLUTION AGREEING TO ACCEPT REFUSE FROM THE CITY OF HOLLIDAY, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 5d RESOLUTION NO. 222-84 RESOLUTION TO APPROVE AN INTERGOVERNMENTAL AGREEMENT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THE CITY OF WICHITA FALLS TO PARTICIPATE IN THE TEXAS FLUORIDATION PROJECT BY ACQUIRING FEDERALLY FUNDED EQUIPMENT TO FACILITATE FLUORIDATION OF WATER Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 5e RESOLUTION NO. 223-84 RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT WITH TEXAS ELECTRIC SERVICE COMPANY FOR A GUY ANCHORAGE IN WEEKS PARK. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 5g RESOLUTION NO. 224-84 RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF WICHITA FALLS, TEXAS WATERWORKS AND SEWER SYSTEM REFUNDING REVENUE BONDS, SERIES 1984 AMOUNT OF $20,000,000 Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: Nune Item 6a The bid for four 2-man packer refuse trucks for Sanitation Division was awarded to Pak-Mor, in the amount of $227,304.28. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 6b The bid for a hazardous material and rescue truck for the Fire Department was awarded to Super Vac Trucks in the amount of $96,800. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None 1 588 Items 7a - c Minutes of the meeting of the Youth Activities Advisory Council held on October 29, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Mechanical Board of Adjustments and Appeals held October 31 , 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Board of Electrical Examiners held November 8, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 4c ORDINANCE NO. 138-84 ORDINANCE WAIVING MINIMUM BUILDING SETBACK REQUIREMENTS ON A PROPOSED REPLAT OF LOT 1 -B, BLOCK 30-A, HIGHLAND ADDITION, A SUBDIVISION OF THE CITY OF WICHITA FALLS, TEXAS. Moved by Councilman Thomas, for discussion, that Ordinance No. 138-84 be passed. Motion seconded by Councilman Palmer. Councilman Wilson stated that he had looked at the property yesterday, and because of the impact it would have on the property across the street, he believes a waiver should be contingent upon the approval of these people who will be impacted by it. The CPS building is in that location. Councilman Wilson proposed that he get the approval of those people. It will be a butler building. Council - man Wilson would like Mr. Hamilton to present the Council with a front elevation of the building so we can see what it will look like. Mr. Hamilton stated that there will not be any loading or unloading on the West side. There will be a door in the back of the building on the North side. Councilman Swift stated that according to what was reported to the Planning Board there will be a door on the side, and one in the back on the West side. Mr. Hamilton stated that they will unload from the door on the North end. Council- man Wilson again stated that he would like to see a drawing of the West elevation before he would vote for a waiver. Mr. Hamilton stated that Mr. Litteken is in the process of developing the elevation. Moved by Councilman Wilson that this be tabled until we are furnished with an elevation. Motion seconded by Councilman Welburn, and failed by the following vote. Ayes: Mayor Cook, Councilman Wilson and Welburn Nays: Councilman Swift, Thomas, and Palmer The motion for passage of the ordinance was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Palmer, and Welburn Nays: Councilman Wilson Item 5f RESOLUTION NO. 225-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GROVES AND ASSOCIATES, INC. AND MIDTOWN NOW FOR CONSULTING SERVICES ON THE RIVER DEVELOPMENT PROJECT Moved by Councilman Wilson that Resolution No. 225-84 be passed. 589 Item 5f, Cont'd. Motion seconded by Councilman Palmer. Councilman Wilson stated that he believes prior to this contract we should provide them with guidance and direction of the Council on the City's role regarding financial participation, etc. City Manager James Berzina noted that there have been many different groups working on this project. You would probably get many diversified opinions on what should be done in this area. We do not need another park, but are interested in providing something with public and private development that would bring people to this area. He believes that before the contract is signed it will state what our views are. We also want him to establish some water levels. We will have these things identified with him before we sign the contract. Councilman Wilson asked if he feels he will have a clear understanding of a dollar figure on what the City wants to spend on the greenbelt? Mr. Berzina stated he would not. He feels that he will be asked to downsize the project, such as from the Tourist Bureau to Scott Street. Mr. Berzina further stated that they will tell him what they are interested in from the City' s standpoint, and he will have to find a place to put it. We need to give him a list of things that should be there in girder that he may work with that in his planning. He also commented that somewhere in the process we should arrange for public hearings. The BCI is represented with Midtown. Councilman Wilson emphasized that what he wants to guard against is those people other than those who will be responsible for providing the funds who will be influenced by those other groups who will not be charged with that responsibility. Mr. Berzina stated that the more they hear from the governing body on their position, the better it will be, and he will be glad to let one of them meet with them. Councilman Wilson stated that if Mr. Berzina is the one communicating with them, then that answers his concern. He was concerned that some other person may not communicate the Council ' s wishes. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 6c The bid for two police motorcycles was considered. Moved by Councilman Thomas that the bid be awarded to Kawasaki City of Irving, in the amount of $10,978. Motion seconded by Councilman Wilson. Councilman Thomas asked if we could not get anyone locally to bid on these? Purchasing Agent Richard Arndt stated that Eddie Hill had been injured in an accident, and his bid was not completed. Mr. Arndt stated that the local dealer will warranty the cycles. Councilman Thomas stated that when we purchased six motorcycles recently he thought that was the end of it. Police Chief Harrelson stated that the six were replacements, and these are also replacements because the old ones have 50,000 miles on them, and they are unsafe. He stated that they will sell the old ones. They have been using them for training purposes. The motion was carried unanimously. Item 6d Moved by Councilman Thomas that the bid for the City' s annual supply of paper towels and tissue be awarded to Empire Paper in the amount of $10,473.75. Motion seconded by Councilman Wilson. Mr. Arndt stated that they will stock both bleached and brown towels. They try to stock what the user departments request, and they prefer bleached towels. Councilman Thomas requested that the City Manager check with the departments on the towels. The motion was carried unanimously. 590 Item 8a ORDINANCE NO. 139-84 ORDINANCE TRANSFERRING FUNDS BETWEEN DEPARTMENTS WITHIN THE GENERAL FUND AND MAKING AN APPROPRIATION FROM THE GENERAL FUND FOR THE j PURPOSE OF FUNDING A PROPERTY ADMINISTRATOR Moved by Councilman Wilson that Ordinance No. 139-84 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 Item 8b ORDINANCE NO. 140-84 ORDINANCE AMENDING SECTION 106.7(c) OF THE STANDARD BUILDING CODE AS AMENDED IN THE CODE OF ORDINANCES SECTION 7-15(2.1 ) TO REQUIRE REMOVAL OF CONCRETE FLOORING AND CONCRETE FOUNDATION WITHIN THE SPECIFICATIONS FOR PROPER CLEANUP OF BUILDINGS PURSUANT TO DEMOLITION PERMITS. Moved by Councilman Palmer that Ordinance No. 140-84 be passed. Motion seconded by Councilman Wilson. Councilman Thomas stated that he could not see how it would be that much of an increase if they pick up the concrete. Hand picking the wood out of the concrete has to be more time consuming than a front end loader. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, W,lson, Palmer, and Welburli Nays: None Item 8c ORDINANCE NO. 141-84 ORDINANCE REPEALING ORDINANCE NO. 75-84, WHICH HAD ADOPTED EXTENDED HOURS FOR THE SALE, OFFER TO SELL AND DELIVERY OF BEER BY A HOLDER OF A RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE. Moved by Councilman Palmer that Ordinance No. 141-84 be passed. Motion seconded by Councilman Wilson. Moved by Councilman Thomas that the motion be amended to leave the 2:00 A.M. closing on Friday and Saturday nights only. Motion seconded by Councilman Welburn. City Attorney H. P. Hodge stated that the Alcoholic Beverage Commission has a provision for it one way or the other. If we make a mixed situation, he does not know whether they would recognize it or not. The Alcoholic Beverage Commis- sion controls these regulations. Mr. Hodge requested that his staff find out about this. James Sharp stated that he is an employee at T. J. Cassidy' s, and he needed the additional money this second job provided him. He stated that if the hours were cut back, his salary would be cut $200 a month. He asked why they are con- templating cutting these hours back? Councilman Palmer stated that a petition was given to him with 300 signatures, requesting that the Council reconsider this matter. At the time the ordinance was passed, daylight saving time was the big issue. Daylight saving time is no longer with us. Mr. Sharp stated that he works for a local radio station. 591 Item 8c, Cont'd. Councilman Thomas stated that his request came from industry and Sheppard Air Force Base. It seems to have an effect on those people going to work at 6:00 A.M. Richard Sutherland appeared as attorney for those in opposition to repeal of the ordinance. He stated that late night permits were obtained in September 1984. Some of the people stated that they would expend the funds necessary to improve the downtown area if the Council would allow them to stay open late. The city benefits from the increase in property taxes and liquor sales revenues. If they stay open late they are in a better position to recoup their investment. There are 25 private club owners and 8 retail dealers who have these permits. They have an investment of from $500-$700 each to obtain the state late hour permit. Mr. Sutherland stated that in reviewing some of the police department figures, they have taken a comparative of a year ago. During this period the number of public intoxicated arrests are down 36 percent. The two month statistics we have bear this out. If you compare August with September and October, arrests are down. There has been a decline each month. If you compare August 1983 to August 1984, moving traffic violations have doubled. The increase in arrests of driving while intoxicated are not in relation with the moving traffic violations. He also stated that at midnight the students are still out, and com .ng home from their dates. At 2:00 A.M. they are at home, and the possibility of a collision with a non-intoxi- cated person is not nearly as probable. Private club sales are heaviest between 11 :00 and 12:00 P.M. There is not the same frequency with the 2:00 A.M. closing. Sales have decreased between 1 :00 and 2:00 A.M. The per hour consumption of alcohol by patrons has decreased. Mr. Sutherland stated that the third shift officers they have talked to have stated that they have less trouble now than before because the hours were lengLhened. He stated that they respect the right of everyone' s opinion, but the law is for all people, and it is a legal business. The initial decision on July 3 was predicated on sound business principles. At best, they believe the police department statistics bear out a better record. At worst, they are inconclusive because we have not had enough time to make comparisons. He suggested waiting a year to compare statistics. Not all of us operate on the same hours. Many people use nightclubs for entertainment. He presented a petition to Mr. Berzina with more than 3900 signatures requesting that the Council stay with their original decision. They recognize that the Council is responsible, not only to their own beliefs, but to all their constituents. He urged them to consider all information before they act. Give the ordinance an opportunity to work. Give the statistics more time to make a comparison. Councilman Thomas stated that Sheppard Air Force Base and industries are con- cerned with starting their activities at 6:00 A.M. There is not enough time between late hour closings. Mayor Cook announced that word has been received that the amendment to the motion is not legally possible. An opinion has been received from the Alcoholic Beverage Commission. We will have to consider whether we retain the 1:00 A.M. closing, or abolish it. Councilman Wilson stated that arrests and enforcement figures can go up or down. Controls are established for drinking hours because of the irresponsible action of a few. The question involves what yields the best effect for the com- munity. He stated that he is not convinced that the 2:00 A.M. closing has added to the quality of life in the community. He would favor going back to the former hours. Mayor Cook noted that the information presented by Mr. Sutherland is well stated. The decision was made back in July because of enhancement in the business community. The figures he mentioned are borne out in the police reports. Statis- tics so far do not bear out that there have been significant problems. He does not believe two months is sufficient time to make comparisons. He understands the con- cerns of the General at Sheppard, but the City has more power to implement regula- tions for the city than the military. He certainly understands both sides of the issue, but concurs that sufficient time has not elapsed to make an intelligent decision. Councilman Swift stated that he was one of the few that opposed this back in July, and he will stick with his original decision, and vote to repeal it. He does think it is a shame that the Council puts itself in such a vacillating position to vote to repeal it on such short notice. Mayor Cook commented that he is part of the Council . 592 I Item 8c, Cont'd. The motion for passage of the ordinance was carried by the following vote. Ayes: Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: Mayor Cook i Items 9a & b Mayor Cook asked Mayor Pro tem Wilson to preside over the meeting, stating that he will abstain from discussion and voting on both these items. RESOLUTION NO. 226-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SOUTHWESTERN BELL TELECOMMUNICATIONS, INC. , FOR THE PURCHASE AND MAINTENANCE OF A REPLACEMENT TELEPHONE SYSTEM Moved by Councilman Palmer that Resolution No. 226-84 be passed. Motion seconded by Councilman Welburn. Assistant City Manager Ed Barrett stated that the parts will be stocked in the police department building for our telephone system. They are designed for the SL System only. The motion was carried by the following vote. Ayes: Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None RESOLUTION NO. 227-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE-PURCHASE AGREEMENT TO FINANCE THE PURCHASE OF A REPLACEMENT TELEPHONE SYSTEM Moved by Councilman Palmer that Resolution No. 227-84 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 9c RESOLUTION NO. 228-84 RESOLUTION DECLARING CERTAIN LAND AND STRUCTURE OWNED BY THE CITY IN BLOCK 177, ORIGINAL TOWN, TO BE EXCESS AND SURPLUS AND DIRECTING THAT SAME BE ADVERTISED FOR SALE ON SEALED BIDS Moved by Councilman Wilson that Resolution No. 228-84 be passed. Motion seconded by Councilman Welburn. Councilman Wilson stated that those restrictions and covenants should be defined as part and parcel of the bidding process so everyone will know what is expected. Mayor Cook mentioned restrictions that the facade be retained. Coun- cilman Wilson noted that it is important that the right wording be used. If we state in the deed that we retain a facade easement, they cannot grant it to us later. This would affect their tax advantage. We want to be careful how we structure this. He did not want to see a bar, but a restaurant/club would be all right. The more restrictions we put on it, the harder it will be to sell . Councilman Palmer favored restrictions to retain the historic value of it. Mayor Cook stated that it will take considerable dollars for the interior res- toration. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None 593 Item 9c, Cont'd. RESOLUTION NO. 229-84 RESOLUTION DECLARING CERTAIN LAND AND STRUCTURES OWNED BY THE CITY IN BLOCK 162, ORIGINAL TOWN, TO BE EXCESS AND SURPLUS AND DIRECTING THAT SAME BE ADVERTISED FOR SALE ON SEALED BIDS Moved by Councilman Wilson that Resolution No. 229-84 be passed. Motion seconded by Councilman Palmer. Councilman Swift asked what we paid for these buildings? Sam Grove stated that the minimum bid was the purchase price. It does not include the $185,000 we recently spent on them for stabilization. Councilman Swift stated that he is not ,n favor of it. Councilman Wilson stated that he felt we should have paid someone to take them off our hands before we spent the restoration money on them. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: Councilman Swift Item 9d RESOLUTION NO. 230-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH LWFW, INC. GROUP TO PROVIDE CONSULTING SERVICES FOR AN EVALUATION OF FUTURE DIRECTIONS FOR INFORMATION PROCESSING Moved by Councilman Thomas that Resolution No. 230-84 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 9e RESOLUTION NO. 231-84 RESOLUTION DECLARING OBJECTIVES FOR CITY LAKE LEASES. Moved by Councilman Palmer that Resolution No. 231 — 84 be passed. Motion seconded by Councilman Wilson. Fred Moss appeared, as a resident on the West side of Lake Arrowhead, on Cherokee Trail . He wants to go on record with the items which were in the paper last night. He thinks the people who requested deannexation did not know what they were doing, and have lived to regret it. He asked what it would take to annex it again? City Attorney H. P. Hodge stated that the annexation law has been changed since the late 1960' s, when the City annexed a strip of land along the right-of-way. You cannot now annex a strip of land. You would have to annex 500 feet along the high- way. Another change is that we now have to adopt a service plan, which the Council did not have to do before, which might create some problems. There are several matters which this Council would have to take into consideration now that the previous Council did not have to contend with. Mr. Moss requested that the Council give serious consideration to these objectives. Councilman Thomas asked if anyone had told him about the meeting with the Arrowhead owners, and what they propose? Mr. Moss was aware of it. Councilman Wilson stated that one of the reasons for this resolution is to clear up previous fabrication from the media, stating that the culprit had already left. This is to state our intent. He emphasized that he would appreciate facts being reported correctly. Mayor Cook echoed these sentiments. 594 I Item 9e, Cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item l0a RESOLUTION NO. 232-84 RESOLUTION ACCEPTING AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT ON CONTRACT WITH BUCHANAN CONSTRUCTION CO. FOR THE NEW ROOF SECTION OVER THE SECURITY ROOM AT MUNICIPAL AIRPORT. Moved by Councilman Palmer that Resolution No. 232-84 be passed. Motion seconded by Councilman Thomas. The contractor was complimented on the price reduction, and saving the City money. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 10b RESOLUTION NO. 233-84 RESOLUTION TO ACCEPT 1983-84 BUDGET UTILITY REPLACEMENT PROJECT AND TO AUTHORIZE FINAL PAYMENT Moved by Councilman Wilson that Resolution No. 233-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item lla Moved by Councilman Wilson that authority be granted to advertise for bids for construction work at the Cypress Street Water Treatment Plant, and that the requirement for 70 percent local labor be waived. Motion seconded by Councilman Welburn, and carried unanimously. There was no other business, and the meeting adjourned at 10:30 A.M. 1984. PASSED AND APPROVED this day of ndzc-��-_, 01 ary D. Cook, Mayor ATTEST: -..�* w Wilma J. Thomas , City Clerk