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Min 12/04/1984 1 595 Wichita Falls, Texas Memorial Auditorium Building December 4, 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 Charles Thomas Charles Harper Councilmen Craig A. Wilson Bill Palmer James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Shirley Patterson Acting City Clerk Fred L. Werner Chief Accounting Officer Wilma J. Thomas City Clerk Absent The invocation was given by Reverend Don Childers, Park Place Christian Church. Item 3 Moved by Councilman Palmer that the minutes of the meeting held Novem- ber 20, 1984, be approved. Motion seconded by Councilman Wilson, and carried unanimously. Items 4a - 6b Item 5b was moved to the regular agenda. Moved by Councilman Wilson that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4a RESOLUTION NO. 234-84 RESOLUTION APPROVING MODIFICATION NUMBER F41612-78-D0003 P00004 OF CONTRACT NUMBER F41612-78-D0003 BETWEEN THE CITY OF WICHITA FALLS AND THE UNITED STATES, WHICH IS A CONTRACT FOR PROVIDING WATER TO SHEPPARD AIR FORCE BASE, TO ESTABLISH A NEW RATE STRUCTURE FOR SUCH WATER SERVICE, AND MAKING OTHER MINOR CHANGES IN SUCH CONTRACT. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 4b RESOLUTION NO. 235-84 RESOLUTION TO APPROVE A CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND MORRIS PLUMBING COMPANY FOR THE DISPOSAL OF SLUDGE FROM A DIGESTER AT THE SHEPPARD AIR FORCE BASE WASTEWATER TREATMENT PLANT Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 596 Item 4c RESOLUTION NO. 236-84 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE MASS TRANSPORTATION ACT OF 1964, AS AMENDED. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5a RESOLUTION NO. 237-84 RESOLUTION TO AWARD BID FOR THE 1983-84 CDBG UTILITIES PROJECT Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5c The bid for 30 surveillance cameras for the Police Department was awarded to Crime-Eye Inc. , in the amount of $15,030. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Items 6a-b Minutes of the meeting of the Planning Board held on November 14, 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 October 29, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5b The bid for the City' s annual estimated requirements for ready mix concrete, masonry sand, and bulk cement was considered. Moved by Councilman Wilson that the bid be awarded to City Concrete in the amount of $113,825. Motion seconded by Councilman Thomas. Councilman Wilson asked whether there had been any problems with this sup- plier, and whether they had been resolved? Public Works Director George Bonnet replied that there had been some problems that had been resolved, and that there must be on-going quality control . Councilman Palmer inquired if this would require additional people to monitor it? Mr. Bonnet replied that just a shift of manpower would take care of it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None i 597 Item 7a A public hearing was opened on hazardous structures to be repaired or demolished. Councilman Thomas asked that 805 and 807 Ohio be removed from the ordi- nance in order to save the landmark area. A divider had been put between them, and could be brought back into one building. This might be corrected so that it could be sold and cleared up. Mrs. Theresa Rodriques appeared for her mother in regard to 303 Patterson. She stated that her mother had been repairing this structure, but needs more than 30 days to complete it. She understood that the 30 days was already up. Mayor Cook explained that she would have 30 days from today to complete it, and asked if this would be enough time? She stated that it would. Ray Palmer appeared, and stated he would be speaking for C. B. Baldwin, 306 Maple, who was also present. Mr. Palmer stated that Mr. Baldwin was going to tear down and remove the structures, but did not know whether it could be done within the 30 days because of the weather. Donald Herron, owner of 805 Ohio, appeared and stated he had contacted Michie Thaten, a contractor, who wants to buy this building and maintain the front, but needs to buy the 807 Ohio building also because they share the same roof. Mr. Thaten has made an offer on 807 Ohio, but has not completed a deal . It is being handled by Rhone Realtors, and they have asked $15,000 for it. Mayor Cook asked Mr. Herron if he had a contract at the present time? Mr. Herron stated he could get one for 805 Ohio. Mayor Cook asked if the buyer knew that the City was considering demolishing these buildings? Mr. Herron answered that he did, and this was the reason he made such a low offer for them. He wants to keep the front for offices and tear out the back for use as storage space. He stated that the papers from Code Enforcement stated that the floor of 805 Ohio was dirt, but it is concrete. The building at 807 Ohio has a dirt floor. Mr. Herron stated that he did not know how they got in to inspect 805 Ohio, since it was kept locked. Windows are boarded up to keep them from being broken. Councilman Thomas stated that there was a hole in the adjoining wall where you can go through from one building to the other. Glenda Newcomb, Code Enforcement Officer, showed videos of the buildings, stating that they were written up September 12, 1984, and shown as owned by Lone Star Music. Both 805 and 807 Ohio maintain a common roof, which is deteriorating. The exterior brick is deteriorating and falling in. Fire fighting duties would impose a severe hazard. The videos were taken on November 23, 1984. Councilman Thomas stated that Mr. Herron had purchased the building from Lone Star Music. Other people have tried to contact the owner of 807 Ohio, and he is out of town. He thinks it should be saved. Councilman Thomas asked if the fire chief had inspected it, and whether or not they would attempt to fight a fire in this building, or would just let it go? Fire Chief Jameson replied that he had instructed his employees that they would have to make a decision. They had a small fire in this building recently started by a transient. If it got on fire, the whole block might go. There is one business in the block, and it would put him out of business. Councilman Thomas stated that there was a fire wall between the buildings. Fire Chief Jameson stated that if it could be stopped at the fire wall , it would be all right. Councilman Thomas suggested that they not send any one into a building like this, but fight it from the outside. Fire Chief Jameson stated that it would be hard to contain if it broke through the roof. Councilman Wilson asked when the people were first notified? Mrs. Newcomb replied that they were notified on September 26, 1984. Councilman Wilson thought there had been ample time. Mrs. Newcomb stated their greatest concern was winter weather coming on and the effect of snow and ice. They have been working with the Landmark Commission. Councilman Thomas asked Mr. Herron if he would spend any money to save it if it was made a landmark? Mr. Herron stated that he had someone who would 598 Item 7a, Cont'd. tear it down for the contents. Mayor Cook inquired if the buildings had any historic significance? Councilman Thomas replied that it depends on who you are speaking to. The hotel next door joins it, and some common features run all the way through the buildings. The Landmark Commission will be upset, and he thinks we can work out a deal to get a nice looking building rather than a vacant lot. Councilman Harper thought there was some historic significance of the 1910 era, and some people would come forward if given time. Mr. Herron stated that he needed time to close the deal . Councilman Swift replied that he had 30 days. Councilman Harper stated that it would cost more to retain the facade and build behind it. This is what people want. He asked if we have agreed to leave the front up if we tear the building down? Mrs. Newcomb stated that we had. Coun- cilman Swift asked what would happen if the landowner did not want the front left up? Councilman Harper asked City Attorney Hodge where the properties at 805 and 807 Ohio would fit in with the recently passed ordinance requiring stabilization of side walls? If both are torn down, two side walls would be exposed. Would the City have to stabilize both of these? Mr. Hodge replied that he would think they would. Councilman Harper stated that he hoped Mr. Herron was able to work out a deal to avoid more problems for the City. Mayor Cook asked if it should sell after being included in the ordinance, would a waiver be needed for that particular property? Mrs. Newcomb stated that it would have to be considered as one building. If Mr. Herron comes up with a deal at the end of 30 days, they would work with him. Councilman Palmer asked if repairs would be made immediately if a deal was completed? Mr. Herron stated that they would, since Mr. Thaten was now renting space for offices and storage, and would like to get into his own building. He has estimated he will need to spend $20,000 on each building to get them in shape. Councilman Swift asked what it would cost to demolish the buildings? Mrs. Newcomb stated it would be approximately $5000. The Council agreed to leave this in the ordinance, and if there is no action within 30 days, the structure would be demolished. Rosalina Bush appeared for her mother, Carmen Bush, in regard to the house and garage at 1512 Westlake. Miss Bush stated that there is a problem with this property because the man who last had a legal deed died, and they cannot prove the property is theirs, and cannot afford to have it torn down. Her mother lived there about 13 years. She paid it off in 1979. She lived there until last year, when she moved from Texas. She does not have a clear title, and does not know how to go about getting one. Other people have claimed it was their property while Miss Bush was working at the house. Mrs. Newcomb confirmed that they do have a problem with the title, and that it was published. Some of the records were destroyed in the tornado. The last known owner was Mr. Sterner, who her mother was married to. Miss Bush disagreed, stating that they did not know this Mr. Sterner, and don't know how they got him connected with her mother. Mr. Sterner' s relatives were there and said they had received a tax statement. Mrs. Newcomb showed videos of the property taken on November 23, 1984, and stated that it appeared there had been a fire in the house. There was debris and trash in the house. Mrs. Newcomb stated that it would cost about $3000 to demolish the house. Miss Bush stated she could get it torn down, but cannot prove that it is hers to tear down. Her mother made payments at Parker Square Savings and Loan, but does not have a deed. Parker Square Savings & Loan say all records are packed away in Houston, and no one can find anything. She is working with a lawyer, but has not received anything. Councilman Thomas stated that the Savings and Loan would not have financed it if they did not have a title. City Manager Berzina asked if the person who was going to tear it down for her would take foundation and all ? He stated that the City might tear it down and have a tax sale, and the legal ownership would be determined by who pays the back taxes. It would have about $4500 in liens against it. Councilman Wilson stated that the house needed to come down whether or not there was a clear title. A lien will be filed, and she will not be out any money. If she has it done on her own she will be liable for it, if it later is determined to belong to someone else. 599 Item 7a, Cont'd. Mayor Cook stated that they could not advise her what to do, but can address the problem of hazardous structures. Passage of the ordinance would mean it must be removed in 30 days. She must make a decision whether or not to tear it down, knowing she might not have title to it. Mrs. Newcomb stated that the structures located at 106 Farris, 107 Front, j and 1209 Burnett were published. She showed videos taken November 23, 1984. The property at 106 Farris was originally written up January 31 , 1984. It was not secure, and had no windows or screens. The sheet rock was pulling away, and the floor was caving in. Interior views show some minor repairs have been made. The property at 107 Front was originally written up June 6, 1984. Videos show exterior windows and screens broken out, interior walls falling in, and deterioration of floors and ceilings. The property at 1209 Burnett shows lack of foundation. No one appeared in regard to the last three properties listed. Mrs. Newcomb stated that they would have to be published one more time. Councilman Wilson asked if the Community Action Corporation owned much property? He wondered if it was appropriate that they pay any liens against property before we pay them? Would we have lien against their property and continue to fund them? City Attorney Hodge replied that this should be con- sidered. Councilman Palmer would like to know how much property they own that is sitting idle like this? Councilman Harper asked if they take liens when they advance money to fix up a house? Councilman Wilson thought those were grants. Mrs. Newcomb stated that the Community Action Corporation is listed as owner of the property at 1301 North 9th. Angus Thompson has expressed a desire to move this structure. She does not approve of moving a condemned structure, and thinks it is really not repairable. ORDINANCE NO. 142-84 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 Harper that Ordinance No. 142-84 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 Item 8a ORDINANCE NO. 143-84 ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Moved by Councilman Wilson that Ordinance No. 143-84 be passed, with the change from 50% to 30% in the first sentence, and the rest of the sentence omitted. Motion seconded by Councilman Palmer. City Manager Berzina stated that this comes up every year during budget considerations. This helps to make people stay on. Some talk about 100% credits, but we cannot do this. We should establish some amount so that people know what they can work toward. Councilman Wilson believes this should be addressed each year. We need to see figures on what it costs to go to 50%. City Manager Berzina stated that 30% was discussed in the budget. 50% would be a goal to work toward, but might not be reached. We need to know where the maximum would be. Councilman Wilson thinks an agreement to address it every year indicates 600 Item 8a, Cont'd. a stabilizing influence. Councilman Thomas commented that if this is established, it still has to be in the budget. Mayor Cook stated this would establish 30%, and we would come back every year with what the cost would be. Some people are always thinking in the future there would be an improvement in benefits. City Manager Berzina stated that an annual look is basically an adjustment. In our plans we cannot exceed 100%, and have no plans to go to these steps. We are trying to address requests to go to 100%. Mayor Cook stated that this says the goal is 50%--not that it will be 50%. City Manager Berzina stated that this was to get the message out so that people will know from year to year. Mayor Cook stated that they had looked at 30%, 40%, and 50%, and did see what that would cost. Councilman Wilson stated that if this is done as a cap of 50%, he would change his motion to read as printed in the ordinance. Councilman Palmer concurred. Moved by Councilman Wilson that Ordinance No. 143-84 be pass6d, a_s pr.esente,d. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8b Discussion was held on a proposed ordinance to close, vacate, and abandon a portion of a twenty (20) foot wide North-South alley located between Lots 9 and 10, Block 14, Sikes Estates, Section F-1 , Wichita Falls, Texas. A motion was made by Councilman Wilson, and seconded by Councilman Welburn, for passage of the ordinance. Mayor Cook inquired why five people objected to the change? Planning Director Roger McKinney replied that it was because of the 90' turn in the alley, and the way the owner would be constructing the fence. Councilman Harper asked what would happen to the 64.8? Roger McKinney stated that the alley would remain open. The owner would dedicate 30 feet on to Dickens Street and construct 20 feet of pave- ment, rather than 9 feet. Councilman Harper asked if the person living on Lot 11 had any comment? Mr. McKinney stated that the primary objection was from Lot 8 on the 90' turn. Mayor Cook inquired about the back entrance to garages? Roger McKinney stated that it was now paved 9 feet, and would have 20 feet of paving on the newly dedicated portion. Councilman Harper asked if garbage trucks could negotiate this turn? Mr. McKinney stated that they could. The owner wants to re-plat Lots 9 and 10, and construct 20 feet of paving between Lots 8 and 9. Councilman Harper asked where the house was located on Lot 8? He thinks they would not want an alley near this house. Mayor Cook asked if the alley would be taken out of Lot 9? Mr. McKinney stated that it would. Councilman Harper stated that there was no house on Lot 9, but there was on Lot 8, and they would not want an alley next to their house. Councilman Swift stated there was a fence on Lot 8, but thinks they should not change that neighborhood. Councilman Harper asked where the fence would be built on Lot 9? City Attorney H. P. Hodge read from the minutes of the Planning Board meeting that the owner of this lot attended the meeting, and presented his opposition, mainly objecting to the 900 turn in the alley which would be hazardous, and the proposed 6' concrete fence extending beyond the front of his house, which would be objectionable. Planning Director Roger McKinney stated that the conditions in the ordinance would become effective only on construction of additional alleyway, and they would construct a 20 foot alley instead of 9 foot. It would be reviewed by the Traffic Department for visual obstruction. Councilman Palmer inquired whether the problem of the fence had been addressed, since this was part of the man' s objections? Mr. McKinney replied that it hadn't. Councilman Harper stated that he has a tendency to go along with the Planning Board, but they have not provided enough information. i 601 Item 8b, Cont'd. Councilman Wilson asked what the law is pertaining to closing an alley with property owners? City Attorney Hodge replied that generally any owner with property abutting a portion being closed may have the right to enjoin closure. Owners who do not actually abut can only complain, if the closure interferes with access to property. Councilman Wilson asked if the Council had any discretion regarding closure, especially if the property owners do not object? City Attorney Hodge replied that if all property owners want an alley closed, it is not binding on the Council . It may be needed for fire trucks, police access, etc. The concern is when you want to close an alley, and the property owners object. Council - man Thomas stated that it would block people off from garages. The alley is not being closed, but moved. Councilman Palmer inquired about the percentage of complaints that caused you to disregard it? Mr. McKinney stated that the notification was in regard to replatting. The state law is that if more than 20% object, you have to obtain 66 2/3% consent. Five out of 44 notices were objections. They were aware of what he wanted to do. Several property owners were at the Planning Board meeting. Three were concerned with the 90' turn, and that extending the fence would tend to disrupt harmony on the street. Councilman Palmer commented that the five who objected were probably adjacent owners. Mr. McKinney replied that all owners on the block received notification. Moved by Councilman Harper that this matter be tabled until the Planning Board looks at it again. 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 8d Discussion was held on a proposed ordinance entitled "Emergency Report- ing Equipment and Procedures". A motion was made by Councilman Wilson, and seconded by Councilman Thomas, for passage of the ordinance. Councilman Wilson expressed concern for officers responding to what they thought was a false alarm, and might not be aware that it was not false. Some of the malfunctioning of alarm systems should be the responsibility of the installer, and some are the responsibility of the owner. Some are triggered by storms, etc. How much input was received from the industry? Chief Harrelson responded that there was virtually none. Mr. Rains, of the IHR Corporation, has been very cooperative throughout. No one sat in on the meetings. Many cities have these ordinances, and we have been looking at them. We have answered 4201 burglar alarm calls since the first of the year, and 96% were false. $161 ,218 has been spent on false alarms since the first of the year. The officers become complacent when they answer these calls. A great percentage could be prevented by training people handling these systems. Some building alarms consistently go off a lot, particularly a metal building. Some bars have assistance alarms. People must be schooled on when to push the alarm. Alarm installers can adequately bug a building without an alarm that will go off needlessly 42 times in a year. He would like for the Council to make a decision on how many free calls to give, etc. Chief Harrelson recommended that the person utilizing the arrangement would get the permit. What the City Clerk charges for the permit would be the fee. Councilman Wilson inquired what the reason would be for not having a one time permit? Major Davis stated that permits need to be updated to know who is responsible. A fee of $25.00 was suggested. Councilman Thomas stated that Mr. Rains had the largest alarm system in the City, and asked whether all his customers would come under one permit? Chief Harrelson replied that was not the way it was written. There is no fee 602 Item 8d, Cont'd. to the alarm company. The ordinance requires the owner of the business, or home, to get the permit. He will be the one utilizing police services, and would be the one fined or charged. Councilman Wilson stated that the ordinance is written that it could be either the alarm company or the owner. Councilman Thomas stated that he himself had had ten false alarms, and con- sidered them all an act of God, except for one or two. He could get $200 more insurance to cover this without an alarm system. Councilman Palmer asked for a definition of a false alarm. Chief Harrelson stated that if there was no attempt to force entry to a building, it was con- sidered a false alarm. A bar owner who pushes the panic button is not charged. If he phoned it in, he would be. Chief Harrelson stated that year after year the same businesses are having the false alarms. He would like to cut this down. This takes away from other police services, along with the complacency of repeated false alarms. Councilman Thomas agreed that people need some training. The cost should include the fact that the car and man are already out. The greatest expense would be if an accident resulted from the call . Councilman Wilson questioned the reasoning behind Section 8 of the proposed ordinance. Councilman Thomas explained that many new systems automatically dial the police or fire department phone number. These could jam up the phone system during an electrical storm. Chief Harrelson stated that the Police Department could handle 30 calls on the switchboard, but cannot disconnect from them if accidently set off. Mayor Cook stated that people could buy a package system and program in 911 , or fire or police department numbers, and jam up switchboards in some cases. Chief Harrelson stated that there was no easy answer. The Police Department can live with this expense, but want the Council to be aware of it. Councilman Wilson believes we are on the right track, but he would like to hear from alarm companies. Mayor Cook felt that citizens should be able to purchase their own alarm system without going through a private company. He thinks the ordinance could clean up a lot of problems without being too restrictive. Councilman Harper asked if this requirement could be worked into the Building Code? Councilman Thomas replied that some people aren't going to build anything, but already have alarm systems. Chief Harrelson stated that a local bank is hooked directly to the Police Department. They have had 36 calls since the report was made and are not paying for it. One company has outside monitors that are easily set off. Another company has had 42 calls this year. There is no deterrent to this. Mayor Cook stated that we are trying to safeguard against this. Councilman Thomas would like to see something to keep from jamming up the phone system. Councilman Palmer was concerned about homes that have alarms, and would have to pay for a permit, and pay fees every time the alarm went off. A solution is needed that will not hurt homeowners. Mayor Cook stated that they need to call a professional if their alarm is going off that much. Fire Chief Jim Jameson stated that the Fire Department only had four incoming phone lines, and these could easily be jammed. The Fire Department had 290 false alarm calls last year, and 123 were mechanical failures. Councilman Thomas stated there should be a maximum penalty for putting these on the police or fire lines. Fire Chief Jameson stated that it is necessary to send several units to answer a call , and about one-half of the Fire Department could be tied up on a false alarm. Sometimes we have to call the alarm system and tell them to fix it, or we will quit answering. The fine would not cover the cost of the Fire Department answering false alarms. We are subjecting men and equipment to danger. We need to stress the neces- sity to keep an alarm working properly, and discretion in determining what is a false alarm call . Police Chief Harrelson stated seven different people worked on this, and there are seven different opinions. All thought something needed to be done. Fire Chief Jameson stated that it was left open for Council determination what a reasonable number of false alarms would be. 603 Item 8d, Cont'd. Mayor Cook stated that he believed the Council was saying they want to charge after so many calls (6 sounds reasonable) . The permit should go to commercial institutions. An individual should not need a permit if he pays for an alarm, but should not be linked to the Police Department by phone. It should go through an individual to make a decision, and they should know they are going to pay for it. Fire Chief Jameson stated that on many false alarm calls they cannot determine an owner of the alarm. They have to break in to find out if there is a fire, and get the property owner mad, or they have to wait an hour or so to find out the owner, or if there is a fire. The whole idea of an annual permit was to keep the information current. Chief Harrelson commented that sometimes the alarm could not be shut off. Assistant City Attorney Jeanie Thompson stated that the ordinance says that an alarm must shut itself off within thirty minutes. The ordinance refers to machines summoning police. Anytime you have a person that inter- venes, this ordinance will not call it a false alarm, because there are criminal penalties for people who give false alarms. A lady from the audience stated she lived on Mill Street. She said kids set off an alarm in a building near her home, and the police tell them not to do it, but they keep doing it. Councilman Swift commented that the only way you are going to get a fine is if the police are there, and write a ticket. Councilman Palmer asked if private residences could be eliminated, knowing that they cannot put in a direct dialing system covered by Section 8. Chief Harrelson stated that the 15 biggest violators are businesses. Lots of residences have burglar alarms, but correcting the businesses would make a big improvement. He stated that at one time they had tried using stickers on windows, but this took a lot of manpower, and the program is not active and up to date now. Mayor Cook commented that the taxpayers would be subsidizing these permits. They are now subsidizing alarm systems by sending police and fire personnel to false alarms. We want to prevent this. Where are permits to be kept? Jeanie Thompson replied that they would be kept at the Police or Fire Department. She confirmed that two permits would be needed, one for Police and one for Fire. Chief Harrelson stated that 30-35 alarms are now coming into the Police Department, with no charge for monitoring these. Federal law requires certain standards for banks to hook up to an alarm company. It is his understanding that no alarm company now meets these requirements. This is the reason the Police Department has them. One company has indicated they would do this. Mr. Rains of IHR stated that their company had been certified to do this for ten years, and they monitor a lot of banks. Fire Chief Jameson stated that the Fire Department had made the decision ten years ago not to let anyone else tie on to their department. They are now down to one system, which will soon terminate. Chief Harrelson stated that they had tried previously to get out of the alarm business. Some banks opposed this. Councilman Thomas stated that one of the largest offenders on false alarms is connected to the police system at no expense. Mayor Cook suggested that letters be sent to these people and suggest they move their alarms to one of the private systems, if there is one available. Councilman Palmer commented that we are about to charge individuals for what we are providing free to some businesses. Mayor Cook suggested getting banks off the system, or charging a premium fee so that they will go to a private company. Ray Horn, of Commercial and Industrial Electronics, commented that it is hard to determine what a fair and reasonable fee is for a financial institution. They rely on many accounts to do this. It is discriminatory. Mayor Cook finds it distasteful for the City to be providing this. Some companies might not want a private company to do this, and will be willing to pay the city a premium. We do not intend to compete with commercial alarm companies. Gene Shearman, from the audience, disagreed with some items in the dis- cussion. Major Davis stated someone needs to be responsible for resetting the alarm. Mr. Shearman stated there was a chain of command on who to call , 604 and there was always someone to call . Mr. Shearman stated that every foot of a metal building has to be covered, because panels can be raised to gain entry. He is opposed to the $25.00 charge because he is a tax payer, and also a burglar alarm owner. An alarm is a deterrent to crime. Passage of this ordinance would be beneficial to the criminal element. Moved by Councilman Harper that this matter be tabled. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas , Harper, Wilson, Palmer, and Welburn Nays: Councilman Swift Item 9a RESOLUTION NO. 238-84 RESOLUTION TO APPROVE THE EXPENDITURE OF FUNDS TO INSTALL WATER LINES IN THE BURKBURNETT DISTRIBUTION SYSTEM TO SUPPORT THE PAINTING OF THE PUCKETT STREET TOWER Moved by Councilman Thomas that Resolution No. 238-84 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 l0a The bid for a street sweeper was considered. Moved by Councilman Palmer that the bid be awarded to Basic Waste Systems, in the amount of $61 ,800. Motion seconded by Councilman Welburn. Councilman Wilson inquired how many street sweepers the City had? Public Works Director George Bonnet replied that there were four now operational . Mayor Cook asked if he was happy with this piece of equipment in the bid? Mr. Bonnet answered that he had concern that the lowest bid would cost $30 per day because of lower speed in running to the dump site. Higher speed is a necessity. The Mobil sweeper they are purchasing will meet their criteria. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10b The bid for the City's annual vehicle requirements was considered. Moved by Councilman Harper that the bid be awarded to Ralph Morgan Dodge, in the amount of $176,274.36; to Ron Roberts Ford, in the amount of $104,358.88; to Patterson GMC, in the amount of $37,658.00; and to Wichita Falls Ford in the amount of $14,143.30. Councilman Wilson asked whether there was any division of the service capa- bilities. Dick Arndt, Purchasing Agent, replied that there was. Patterson's will be handling the light duty, and Mersel will handle the trucks. Mayor Cook questioned whether nearby cities, such as Iowa Park and Burkburnett, could buy with us, and save them some money. Dick Arndt answered that it could be done, and he would contact them. Councilman Wilson asked if we followed up with a letter letting other bidders know what the bids were? Mr. Arndt stated that he sends a letter telling what the bid was, and thanking them for their bid. Council- man Thomas stated that he had looked at the bids, and we were give a very good price. i 605 Item lOb, Cont'd. i The motion was carried by the following vote. i Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lla ORDINANCE NO. 144-84 ORDINANCE ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE BRENDA HURSH SOUTHWINDS DRAINAGE PROJECT - 1982 CAPITAL IMPROVEMENTS PROGRAM 55-625 AND 55-628 Moved by Councilman Wilson that Ordinance No. 144-84 be passed. Motion was seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12a Josie Marie Polk, 102 Paradise, appeared as a concerned citizen of the East side. She understands there is an opening on the Housing Authority Boar.:;, and they feel they should have a tenant from the Project on the Board. Mayor Cook told her they are advertising the vacancy, and anyone may applf. The State statutes do not make requirements. Councilman Wilson told her tha-i: application forms are available in the City Manager' s office, and she may pick, them up there. Mrs. Polk then brought up the condition of the street system in this area. She is very disappointed in the work on the strde,ts. Cars are stranded in driveways, and they have had no results from calls made. Her driveway and fireplace were cracked. Glass was broken, and her property was damaged. Mayor Cook asked if she was saying that the construction work done by the City caused these cracks? Mrs. Polk stated that they took out part of her driveway, and the equipment used caused cracks. Her fireplace, and inside of the house, was not cracked before the work started. The fireplace is only a year old. Mayor Cook stated they would ask Public Works Director George Bonnet to work with her on this. Councilman Harper asked her if the fireplace was brick. Mrs. Polk replied that it was a portable set-in type with fire brick around it. Councilman Thomas asked her what cracked on it? Mrs. Polk stated that the brick around it cracked, and cracks shattered across the front. She will have to have the carpet taken up to find cracks. Councilman Thomas asked her what caused this? Mrs. Polk stated that it was caused when they pushed equipment in to lift up this big piece of concrete in the driveway. Council - man Thomas asked her how far it is from the driveway to the house? Mrs. Polk stated it was about as far as from she was standing, to the wall . Her cousin's house was also damaged. Councilman Wilson asked whether there was provision for third party damages on this project? Mr. Bonnet stated that the contractor is required to provide insurance, and a hold harmless agreement. He will try to work as a mediator. Mrs. Polk further stated that holes were left in the streets, no signs were put up, and they were not told this was going to be done. She tore up the under side of her car when she came home in the dark. Her son fell on his bicycle the same day they started working. The City told her to call the contractor, and to hire a lawyer. They were to contact her about taking her son to a doctor, but have not called her. She feels they are neglecting the East side because there are no lights, and the holes in the streets keep them from parking near the house. 606 Item 12a, Cont'd. Councilman Wilson asked if she knew what the citizens were paying for these new streets? Mrs. Polk said she did not. Councilman Wilson stated that they were paying nothing. In other parts of town, people are being charged for streets. If the contractor is doing something he shouldn' t, we are for compliance. Councilman Thomas asked if the streets weren't barricaded on each end? Mrs. Polk answered that after they had complained, they were getting some help. They are also having trouble with the phone service while they are doing this work. Mayor Cook advised her to call Southwestern Bell about this. Mrs. Polk stated the phone company had charged her $25.00 for a service call . Mayor Cook stated they should not have charged her if they have crossed lines from construction, and they should adjust the bill for the time the phone was out of service. The $25.00 charge would only be if there was no problem on the lines, and only in her house. The Public Utilities Commission requires credit be given for any time you are out of service for 24 hours or more, if on their network. Councilman Harper stated that all over town, but particularly on Jacksboro, vehicles are parked with for sale signs and phone numbers. These are often busi- nesses parking these vehicles for sale with their number on them. Councilman Thomas stated they are parking on lots of vacant buildings and leaving the car with the phone number. Mayor Cook asked if anything could be done if they were on private property? Police Chief Harrelson stated it could not on private property. Councilman Thomas stated some are parked on the curb area right near the street. Councilman Harper has counted as many as nine on Jacksboro. Motorcycles are parked on Kemp and Southwest Parkway. Mr. Rains, of IHR Corporation, questioned the bids for surveillance cameras. There are local people who would like to have participated in this bidding. How can they know when these are available? Mayor Cook told Mr. Rains that he needed to notify Dick Arndt, Purchasing Agent, that he wanted to be put on the bid list. Councilman Harper told him these were advertised in the newspaper. City Attorney H. P. Hodge stated that anything over $5000 was advertised twice. Councilman Harper asked if it would be possible to have the item being advertised printed in bold type? Mr. Hodge stated there would be no legal problem with this. Councilman Palmer stated that he had received complaints about the Jacksboro and Norman corner since the stop light was removed. Traffic Director Robert Parker stated that the State controls this. Three traffic counts have been done, and do not justify a stop light. This will be tested for 60 days. There have been some complaints. There will be red and yellow flashing lights if the signal is not left in. Councilman Thomas inquired where the Traffic Department got reports that lights are out? Mr. Parker stated that instructions for reporting outage go out on water bills, and are on the City cable television channel . They also receive police reports. Councilman Thomas described a light pole that had been knocked down by a car, and questioned whether we collect for this if it was reported to the police? Mr. Parker answered that they did. Item 12b The City Council recessed into executive session at 11 :55 A.M. pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. The meeting reconvened at 2:20 P.M. , and immediately adjourned. PASSED AND APPROVED this day of �;�-� �,-�� 9 1984. Craig A. Wit n, Mayor Pro tem ATTEST: "VI Ix Wilma J.Thomas , City Clerk