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Min 12/18/1984 i 610 Wichita Falls, Texas Memorial Auditorium Building December 18, 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. Craig A. Wilson Mayor Pro tem Thomas E. Swift Charles Thomas Charles Harper 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 Gary D. Cook Absent The invocation was given by Richard Nourse, Trinity Presbyterian Church. Item 3 Moved by Councilman Thomas that minutes of the meetings held December 4 and December 11 , 1984, be approved. Motion seconded by Councilman Harper, and carried unanimously. Items 4a - 8d Moved by Councilman Welburn that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4a David Ramirez, a Street Department employee, was honored as Employee of the month, for December. Mayor Pro tem Wilson presented him with a plaque, and two tickets each to a theatre and dinner. Item 4b Sandrea Marvel , Mayor' s Commission on the Status of Women, presented a plaque to Mayor Pro tem Wilson on the Women' s Hall of Fame award. She expressed appreciation to Councilman Swift for his service on the Board, and to the City Council for their support of the Commission. Mrs. Marvel introduced four recip- ients of this award, including Sara Douthitt, Pam Rodgers, Arthur Bea Williams, and Paulette Konchelik. Item 5a ORDINANCE NO. 146-84 ORDINANCE CHANGING THE DATE OF THE FIRST REGULAR CITY COUNCIL MEETING IN JANUARY, 1985, FROM JANUARY 1 , 1985. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None 611 Item 6a RESOLUTION NO. 241-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST SUPPLEMENTAL CONTRACT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR INCREASED FUNDING FOR THE CONSTRUCTION OF THE CENTRAL SERVICES COMPLEX. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 7a RESOLUTION NO. 242-84 RESOLUTION TO AWARD BIDS FOR ANNUAL SUPPLY FOR SMALL COMMERCIAL WATER METERS Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 7b RESOLUTION NO. 243-84 RESOLUTION TO AWARD BID FOR LIQUID CARBON DIOXIDE EQUIPMENT AND CHEMICAL TO TREAT WATER IN CITY TREATMENT PLANTS Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 7c The bid for an exhaust biofume hood for the Health Department laboratory was awarded to Germ Free Laboratories, in the amount of $6,235.00. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 7d The bid for fire and extended insurance coverages was awarded to Williams Dwyer Company, in the amount of $48,240, for three years. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Items 8a - d Minutes of the meeting of the Mayor' s Commission on the Status of Women held November 1 , 1984, were received. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Minutes of the meeting of the Youth Activities Advisory Council held on November 19, 1984, were received. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Minutes of the meeting of the Civil Service Commission held November 20, 1984, were received. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None i 612 Item 8a - d, Cont'd. Minutes of the meeting of the Park Board held November 29, 1984, were received. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9a ORDINANCE NO. 147-84 AN ORDINANCE ESTABLISHING BUDGETARY CONTROL LEVEL FOR EXPENDITURE MONITORING Moved by Councilman Palmer that Ordinance No. 147-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9b ORDINANCE NO. 148-84 ORDINANCE WAIVING SECTION 22-1 OF THE CODE OF ORDINANCES TO ALLOW INTERNATIONAL KIWANIS CLUB LOGO ON SCOREBOARD AT KIWANIS PARK DONATED BY UNIVERSITY KIWANIS CLUB. Moved by Councilman Palmer that Ordinance No. 148-84 be passed. Motion seconded by Councilman Thomas. Councilman Thomas asked if this is just the logo, or if they also wanted to use the name, "University Kiwanis Club"? They are the sole supporter of this park, and he can see nothing wrong with allowing them to put both on it. Parks Director Bill Hursh stated that they have been involved in funding this park for 20 years. Moved by Councilman Thomas that it be amended to allow them to also use their name on the scoreboard. Motion seconded by Councilman Palmer, and carried unanimously. The original motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9c ORDINANCE NO. 149-84 ORDINANCE AMENDING ORDINANCE NO. 126-84 TO REQUIRE A VERTICAL SIGN ON PARKING SPACES FOR THE DISABLED IN PRIVATE PARKING LOTS AND DECLARING AN EMERGENCY. Moved by Councilman Harper that Ordinance No. 149-84 be passed. Motion seconded by Councilman Thomas. Councilman Harper requested that the City Attorney come back with an amend- ment, or another ordinance, requiring parking places in the City. He feels the state building code is strict enough for these requirements. He would like our building code changed to comply with the requirements of the state building code. There is a difference in the number of handicapped spaces required, different type of restroom facilities, etc. The basic difference is in numbers. Mayor 613 Item 9c, Cont'd. Pro tem Wilson also mentioned federal requirements, and an addendum for that. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Councilman Harper stated that one of the things that is difficult is that we will have a sign at each. As he understands the law, we put one for every two spaces. Moved by Councilman Harper that Ordinance No. 149-84 be amended to state that the curb for the handicapped spaces be painted blue. Motion seconded by Councilman Welburn, and carried unanimously. Item l0a Discussion was held on a proposed resolution amending the water purchase contract with Scotland. A motion was made by Councilman Harper, and seconded by Councilman Thomas, for passage of the resolution. Councilman Harper asked what is the difference between Scotland and Dean Dale? Other Council members also had questions. Councilman Thomas stated that if we would move their meter on down the highway, and take this into the City limits, they would not need any more water. Public Works Director George Bonnett explained that this is related to usage. Scotland is an agri-business community. They feel more comfortable in recommending water sales in this area because of milk being produced, and used in our area. Mayor Pro tem Wilson asked the City Attorney to explain how the courts have ruled, dealing with water sales, etc.? How will this impact users in Wichita Falls on down the road five years from now? He does not want to see an expansion in Scotland, or any area, which would accelerate the time that rate payers in Wichita Falls will have to fund an additional water source. He does not feel comfortable revoking a temporary permit. City Attorney H. P. Hodge stated that he is not familiar with any cases where the contract states that a contract is temporary. There was a case in Dallas where they were locked in; however, it was different than the situation in Wichita Falls. In Arrowhead Ranch Estates, they took us to the Water Commission, and they said the City of Wichita Falls would not be required to furnish them additional water. He is not familiar with any cases on a temporary permit, but he would feel pretty comfortable with that. Councilman Wilson again emphasized that he is concerned about the impact on us five to ten years down the road. We are looking at a limited product, and also as a land use planning tool . We need to develop whatever standards we are going to apply for additional water sales, and apply it uniformly. Planning Director Roger McKinney stated that 13,000,000 gallons of water is sold per year on the transmission line to Scotland. Most of the growth has been on the transmission line. No additional taps have been allowed on this trans- mission line for the past two or three years. Before that, the Public Utilities Department gave permission. Councilman Harper asked what would happen if we annex these businesses all the way to the highway going to Lake Arrowhead? Mr. McKinney stated that they looked at it two or three years ago. In looking at the services being provided the people along that line, they stated that they provided their own services. He recommended that it be annexed, because if it were not for the water, a lot of growth and development would not have occured there. The people felt they were privately paying for water and other services. Councilman Thomas asked where the meter is located? Mr. Bonnett stated that it is right at the city limits. They are paying for everything at the city limits. Scotland owns the line. Councilman Thomas suggested that the meter be moved to Lake Arrowhead road. i 614 Item 10a, Cont'd. Moved by Councilman Harper that this matter be tabled until we have a chance to review our water sales, and this area. Motion seconded by Councilman Welburn. It was suggested that the language be reviewed concerning competition. Both Mayor Pro tem Wilson and Councilman Thomas do not believe that a double rate covers it. Councilman Swift stated that if you move the meter you will deprive us of some revenue. The motion to table was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Thomas, Harper, Palmer, and Welburn Nays: Councilman Swift Item lOb RESOLUTION NO. 244-84 RATIFYING THE CITY MANAGER'S ACCEPTANCE OF THE PROPOSAL OF PALCO MECHANICAL CONTRACTORS, INC. , FOR REPLACEMENT OF GAS LINES AT THE HEALTH UNIT Moved by Councilman Thomas that Resolution No. 244-84 be passed. Motion seconded by Councilman Welburn. Councilman Harper stated that the City code should address this, and require plastic pipe, or a wrap, and not put in any more black pipe. Fire Chief Jameson stated that it has been changed in the building code. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 10c RESOLUTION NO. 245-84 RESOLUTION TO ACCEPT HUNTER'S CROSSING OFF-SITE DRAINAGE FACILITIES PROJECT AND TO AUTHORIZE FINAL PAYMENT Moved by Councilman Harper that Resolution No. 245-84 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item lOd RESOLUTION NO. 246-84 RESOLUTION TO APPROVE CITY PARTICIPATION FOR UPSIZING OF SANITARY SEWER SYSTEM TO SERVE DEVELOPMENT IN THE VICINITY OF THE INTERSECTION OF SEYMOUR HIGHWAY AND FAIRWAY BOULEVARD Moved by Councilman Palmer that Resolution No. 246-84 be passed. Motion seconded by Councilman Thomas. Mr. Bonnett stated that they would set up a pro rata charge for developers. It will be on a straight cost--no interest. Mayor Pro tem Wilson requested that he bring up these things with the people who are discussing our computer system. 615 Item lOd, Cont'd. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 10e RESOLUTION NO. 247-84 RESOLUTION APPOINTING FOUR DIRECTORS OF THE NORTH TEXAS HOUSING FINANCE CORPORATION. Moved by Councilman Thomas that Resolution No. 247-84 be passed, appointing Gary Cook, James Berzina, Bill Palmer, and H. P. Hodge, Jr. Motion seconded by Councilman Welburn and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 10f RESOLUTION NO. 248-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN CHANGE ORDER NO. 1 TO THE MEDICAL GAS STORAGE FACILITY OF THE HEALTH DEPARTMENT Moved by Councilman Palmer that Resolution No. 248-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item lOg RESOLUTION NO. 249-84 RESOLUTION GRANTING WAIVER TO ALLOW PAYMENT OF REDUCED GREEN FEE FOR THE FIRST WINTER HOLIDAY JUNIOR GOLF TOURNAMENT AT WEEKS PARK. Moved by Councilman Thomas that Resolution No. 249-84 be passed. Motion seconded by Councilman Palmer. Councilman Palmer asked for Mr. Berzina's thoughts on this. Mr. Berzina stated that it costs the same for any person to play, no matter the age. He believes there should be a rate, and stick to it. Mr. Hursh stated that the Council might want to consider that this would be a precedent, and what will happen next year. Councilman Palmer stated that the only reason he would approve it would be because they adver- tised before the rate increase became effective. Councilman Thomas agreed. Coun- cilman Wilson felt there should be some kind of notification, or understanding, with these people who use Park Department property that they will be subject to whatever rate increases are in effect at the time of usage. A reasonable time frame for these people to use them could be established. He also asked Mr. Hursh to give them some recommendations on all park facilities usage; not just the golf course. Councilman Palmer believes that people should be told that the prices paid will be what is in effect at the time of the tournament. Mr. Hursh stated they had nine entries. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None 616 Item lOh RESOLUTION NO. 250-84 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH I MICHAEL D. MORRISON AND DAVID GUINN FOR LEGAL SERVICES. Moved by Councilman Harper that Resolution No. 250-84 be passed. Motion seconded by Councilman Welburn. City Attorney H. P. Hodge stated that he outlined the contract to them. They usually get an advance retainer of $5000. This should be in the contract, and he recommended that it be included. They charge $100 per hour, but when the two of them are working together, they would charge $150 an hour, instead of $200. Councilman Harper asked if we will define expenses? The City Manager stated that we should. Councilman Swift asked how many hours they estimate? Councilman Wilson stated that would depend on how we go. He is not in favor of giving them an open-ended contract. Neither was Councilman Thomas. City Attorney H. P. Hodge stated that they estimated $20,000, if there is no court battle. Councilman Harper stated that he believes $20,000 is a minimum for our lawyers, and an additional amount to $40,000 if we have to pay other lawyers, and the money will come from the citizens. The City Attorney agreed with these estimated figures. Councilman Harper noted that Lubbock spent around a quarter of a million dollars. Councilman Wilson suggested that a figure on compilation of computer information and other things, be broken out. Mr. Hodge stated that he expects we will pay additional for the computer. It was noted by Councilman Harper that this firm has what we need, and it will cost us less this way. Council - man Wilson noted that they have been through this several other times. Mr. Hodge explained that the Council would be kept apprised of the steps all along. Councilman Harper addressed Reginald Robinson, stating that he hopes that he and the other plaintiff would seriously consider settling this out of court, and save a lot of dollars , which we could spend on other things. Reginald Robinson, speaking personally, stated that they have tried to work out a compromise, and they did not feel they got that. They tried that for two years. They feel the City is protecting itself in this lawsuit. He stated that if they were in good faith previously, when the County used these people, they would not be spending this money now. Mr. Robinson asked why we would spend this tax money? Councilman Harper replied that it is because we are being sued. Councilman Thomas stated that we have the lines, but now we have to have some kind of working model to satisfy federal requirements. Mr. Hodge stated that he has had no experience in trying to put together one of these systems to satisfy the Justice Department. We did not have the information to break it down below the census block groups. Our groups are not really small enough to come within the percentage required for the various single member districts. Councilman Harper noted that these percentages are only required if we get into the courts. Councilman Harper disagreed that the City is trying to protect the City government. The only elected body in the city to represent the citizens of Wichita Falls is the City Council . It is also our desires that we keep these costs to a minimum, and that they can show good faith by negotiating, and not taking this into the courts. He further stated that it is his intentions that the citizens of Wichita Falls be represented in this body the best way they can be and that the whole city be represented, and that they feel they are being represented. The motion for passage of the resolution was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None 617 Item l0i RESOLUTION NO. 251-84 RESOLUTION APPROVING CONSIDERATION TO BE PAID FOR AN EASEMENT FOR A WATER LINE. Moved by Councilman Thomas that Resolution No. 251 -84 be passed. Motion seconded by Councilman Welburn. Councilman Harper asked if we are being held hostage in this? City Attorney H. P. Hodge stated that previous approval had been given for the City Manager to purchase certain easements, and if unable to purchase them, to proceed with con- demnation. We have had other leeways given to the City Manager where the cost was so close to the appraisal . In a dialogue with a member of the staff, the owner stated that he would be willing to accept $1 ,500 instead of $1 ,280 which was the appraised amount. Councilman Palmer stated that he is not in favor of establishing a precedent if $1 ,280 is a fair amount. Councilman Wilson stated that this is a good assess- ment, but we have to keep in mind that appraisals are not an exact science. When you go to court, the figure always goes higher. Mr. Hodge stated that Councilman Palmer' s point is well taken. We get into quite a few of these situations. We take each on its own merits. He would not want to see a policy adopted, that regardless of the circumstances, we will not go one dime above it. He does not have the impression that this is a hostage situation. Director of Public Works George Bonnett stated that the easement purchase goes through the center of the property. Mr. Hodge stated that it is ten feet wide, and in front of the building set-back line. It runs parallel to Kell Freeway, and won't interfere with his building. Mr. Bonnett stated that we had three parcels. The City Manager stated that he would like to have some flexibility. If you come to a point where you won't negotiate, or settle, they will go into the court on a higher figure, and may wind up paying more money. Ron Malone owns the pro- perty. The motion for passage of the resolution was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift Thomas, Harper, and Welburn Nays: Councilman Palmer Item Ila RESOLUTION NO. 252-84 RESOLUTION TO AWARD BID FOR CONTRACT A TO EXPAND THE CYPRESS STREET WATER TREATMENT PLANT Moved by Councilman Palmer chat Resolution No. 252-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 12a RESOLUTION NO. 253-84 RESOLUTION TO ACCEPT 1983 CAPITAL IMPROVEMENT PROJECT, PLUM CREEK DRAINAGE PROJECT AND TO AUTHORIZE FINAL PAYMENT Moved by Councilman Thomas that Resolution No. 253-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None I 618 Item 13a Chuck Bennett appeared as Executive Director of Lakeside University Alumni Association. He stated that the purpose of this organization is to address abuse of alcohol and other substances in this community. They are not interested in conducting a morals campaign. He stated that the state statute defines alco- holism as an illness affecting the general welfare and economy of the state. They concur with that position. They want to conduct a Friends Don't Let Friends Drive Drunk Campaign. They want to keep people from behind the wheel who have been drinking. If someone does not want to drive, they can call , and someone will be sent to take them home in their vehicle. They also want to establish a detoxification center in Wichita Falls, and hope it will lead these people into treatment. It is a local effort. Councilman Harper mentioned a petition of 25 people on Red Fox, and adjoin- ing streets, about parking in the front yards of homes. He would like the Council to consider this, along with other ordinances, concerning parking on city streets. This would help to delay blighting of neighborhoods a lot longer. Councilman Welburn stated that Mrs. Martin has volunteered her assistance to the Council on a tour, and she has some ideas to present. The Council agreed to a tour anytime. Councilman Harper also mentioned the Blue Law situation in Wichita Falls on what he has read in the paper. If the Attorney General ' s office is turning its head on state law, that is pretty poor. The law of the land is the law of the land, and it needs to be enforced. Blue laws help local small businesses. Several large retailers here have told them that in states where blue laws were done away with, their costs have gone up tremendously. It takes away the small businessman 's ability to do business in the state. He sees that blue laws are in no way restraining trade. If the City does the enforcement, we should do it with the same stringency that we do any other law. We enforce it immedi- ately, and not wait for some trumped up reason to do so. Mr. Berzina stated that he believes it is the state' s responsibility. City Attorney H. P. Hodge stated that the statute provides that the first offense is a Class C misdemeanor. Both City and Justice Courts have jurisdic- tion. The County Attorney and the City Attorney' s offices have current author- ity for enforcing it. He believes it is a joint authority. Subsequent offenses carry a higher penalty, which takes it out of our authority. Councilman Welburn stated that he does not know whether there is a neces- sity on our part to protect the businesses under the guise of something else. Whatever we do here today, the blue law will be handled at a level signifi- cantly different from ours. Councilman Harper made the point that today that is the law of the state, and it needs to be enforced today, whether it is later changed or not. Mr. Berzina stated that as an administrator, we have to look at the arena in which we are today. There is a difference of opinion. Better use of our resources would be to get speeders and those running red lights, than enforcing the blue law. The City Attorney stated that according to the newspaper, Judge Brown, in Dallas, ruled that the law is unconstitutional . A state district court carries little precedence. Councilman Harper stated that he does not feel we should pick and choose what laws we are going to enforce. If we are not going to enforce it, then we should do away with it. He stated that those who will not obey the law will not get any of his Christmas dollars this year. Items 13b, c The City Council recessed into executive session at 10:25 A.M. , pursuant to Article 6252-17, Section 2, Paragraph (g) , of the Revised Civil Statutes. The meeting reconvened at 11 :35 A.M. Moved by Councilman Thomas that the following be appointed to various boards and commissions, as follows. a. Aviation Advisory Board - 3-year terms from January 1 , 1985 through December 31 , 1987: Charles Reaves (replacing John Poirier), Dr. Larry Gunnell (replacing Bob Haley) and George Ross, Jr. (reappointment) . 619 Item 13b, c, Cont'd. b. Human Relations Commission - 2-year terms from January 1 , 1985 through December 31 , 1987: Major David Goodrich (replacing Lindsey Walker) , Jettie Ann Ward (replacing Colonel Maurice Ripley) , James Maloney (re- placing Margaret Stewart) , Dr. Robert Barenberg, Chairman (re-appointment) , and Dr. Barlow Hill (re-appointment) . c. Park Board - 3-year terms from January 1 , 1985 through December 31 , 1988: Marian H. Weir (replacing Mrs. Leland Allred) , and Dee Ann Martin (reap- pointed) . d. Mayor's Commission on Status of Women - 2-year term from January 1 , 1985 through December 31 , 1987: Rita Weinstock (replacing Royce Ann Martin) . e. Landmark Commission - 3-year term from January 1 , 1985 through December 31 , 1988: Andy Lee (replacing Joe Mike Pistocco) . Motion seconded by Councilman Palmer, and carried unanimously. The City Council adjourned at 11 :40 A.M. PASSED AND APPROVED this o�i / day ofAt4_��� 1985. ary D. Cook, Mayor ATTEST: Wilma J. Thomas, City Clerk