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Min 01/15/1985 i 634 Wichita Falls, Texas Memorial Auditorium Building January 15, 1985 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 Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Lee Porter, Church of Christ in Edgemere. Items 4a-8a Moved by Councilman Thomas that the consent agenda be approved. Motion seconded by Councilman Wilson. Item 4a Cynthia Ann Ramsey was honored as Employee of the Month for January. Mayor Cook presented her with a plaque, and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 4-85 ORDINANCE CHANGING THE TIME OF THE SECOND REGULAR CITY COUNCIL MEETING IN FEBRUARY, 1985, TO SEVEN O'CLOCK P.M. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a Minutes of the meetings of the following boards were received. a. Board of Adjustments and Appeals--October 18, 1984 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None b. Board of Adjustments and Appeals--November 15, 1984 Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None c. Cross-Connection, Back-Flow, and Back Siphon Control Board--November 16, 1984 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays : None 635 Item 8a Tax Refunds were approved, as follows. a. Ryan Mortgage Company--$4,054.44 b. Landmark Title Company--$528.52 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9a ORDINANCE NO. 5-85 AN ORDINANCE PROVIDING FOR PRIVATE SEWAGE DISPOSAL SYSTEM, DEFINING TERMS: PROHIBITING POLLUTION OF THE WICHITA FALLS WATER SUPPLY; RE- QUIRING PERMITS FOR CONSTRUCTION AND OPERATION OF PRIVATE SEWAGE FACILITIES; PRESCRIBING PROCEDURES FOR OBTAINING PERMITS; INSPECTIONS AND PAYMENT OF FEES; REGULATING WATERCRAFT AND MARINE SANITATION ON THE WICHITA FALLS WATER SUPPLY; AND PROVIDING FOR ENFORCEMENT. Moved by Councilman Palmer that Ordinance No. 5-85 be passed. Motion seconded by Councilman Harper. Dr. Cox stated that this is something which has been needed for a long time. It corrects some of these fees which have been inadequate for a long time. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 9b ORDINANCE NO. 6-85 ORDINANCE PROVIDING REGULATIONS FOR THE TRANSPORTATION AND DISCHARGE OF LIQUID, SOLID AND SPECIAL WASTE; REQUIRING AUTHORIZED SITE AND METHOD OF DISPOSAL; REGULATING WHAT WASTES MAY BE GENERATED AND TRANSPORTED FOR DISPOSAL; REGULATING THE GENERATION AND ACCUMULATION OF WASTES INCLUDING, BUT NOT LIMITED TO, GREASE TRAP, GRIT TRAP, AND SEPTIC TANK WASTE; PRO- VIDING FOR PERMIT FEES; AND PROVIDING FOR ENFORCEMENT. AUTHORIZATION TO ENACT UNDER PROVIDIONS OF ARTICLE 4477-7, VERNON'S TEXAS CIVIL STATUTES, AND THE TEXAS DEPARTMENT OF HEALTH'S "MUNICIPAL SOLID WASTE MANAGEMENT REGULATIONS." Moved by Councilman Wilson that Ordinance No. 6-85 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 9c ORDINANCE NO. 7-85 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO THE ACCOUNT NUMBER LISTED BELOW, INCREASING BUDGETED REVENUE FIGURES TO RECOGNIZE REVENUES TO BE RECEIVED FROM THE OPERATION OF THE POLICE IMPOUND FACILITY, AND DECLARING AN EMERGENCY. Moved by Councilman Thomas that Ordinance No. 7-85 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 636 Item 9d ORDINANCE NO. 8-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING 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. Moved by Councilman Thomas that Ordinance No. 8-85 be passed. Motion seconded by Councilman Wilson. Councilman Palmer asked what kind. of response he got from the letters mailed out? Roger McKinney stated that they received one response from the owner of the lot which Mr. Hancock desires to purchase. He had no objections. No one requested to be heard from the audience. Councilman Harper stated that he had several calls from people over there still objecting, and there was supposed to be a roomfull of people here. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: Councilman Harper Item 9e ORDINANCE NO. 9-85 ORDINANCE ENTITLED "EMERGENCY REPORTING EQUIPMENT AND PROCEDURES" : PROVIDING DEFINITIONS; REQUIRING A PERMIT OF ALARM SYSTEM USERS; PROVIDING SERVICE FEES FOR ALARM NOTIFICATIONS; PROVIDING FOR REVOCATION OF PERMIT; REGULATING ALARM REPORTING AND OPERATION; PROHIBITING DIAL ALARM DEVICES USING TELEPHONE SWITCHBOARD FOR PRE- RECORDING VOICE MESSAGES; PROVIDING FOR PROTECTION OF FINANCIAL IN- STITUTIONS; PROVIDING A PENALTY NOT TO EXCEED $200; PROVIDING 90 DAYS AFTER PASSAGE AS THE EFFECTIVE DATE. Moved by Councilman Palmer that Ordinance No. 9-85 be passed. Motion seconded by Councilman Wilson. Councilman Palmer asked if a person has an alarm which rings outside, is he supposed to have a permit for it? Police Chief Harrelson stated that he is, if it calls the police. Mayor Cook asked if it rings inside the house, but would disturb the neighbors, would it also fall in this category? Chief Harrelson stated that it would also be covered. He also stated that the business fee has been left at $25.00, and the residential fee at $10.00. Banks are not presently being charged for monitoring their systems, but perhaps we should begin charging them. In Section 11 , he recommended a fee of $40.00 for each false alarm in excess of six. Fire Chief Jameson recommended no more than three false fire alarms. Councilman Wilson noted that this is a service which we would not normally provide. If we start, we are just as liable as anyone else. Section 14 (b) sets the fee for financial institutions. Chief Harrelson stated that they had originally recommended $50.00 for each line, but alarm companies stated they would charge from $100-$150 per line. Councilman Palmer asked Chief Harrelson if this has been a problem for him, and would he not like to see it go to a private company? Chief Harrelson stated that it had not been such a problem, but they limited it to banks because of the crowded conditions in the telephone room. There is probably a question of security in this telephone room. Mayor Cook recommended $100.00 monthly fee for each indicator. This would not hinder any commercial company from doing it. Sears is on it now, but they would be asking any companies, except banks, to seek commercial service. They will be cut off after this ordinance is passed. Councilman Welburn asked if we would retrofit Section 4(b)? Chief Harrelson stated that it will shut off after 15 minutes. Councilman Welburn asked who will pick up the tab in residences if they do not shut off in 15 minutes? Are we going to require them to be retrofitted to go off in 15 minutes? Mayor Cook and Councilman Wilson suggested that this may be an area which cannot be enforced. 637 Item 9e, cont'd. Councilman Welburn also asked about Section 9(3) and (4)? Chief Harrelson stated that this is a standard law officers' report form. Councilman Swift asked if the financial institutions were asked for input? Chief Harrelson stated that they were not. To his knowledge, he does not know that they are aware that this fee will be charged. Councilman Welburn asked about the expiration date in Section 3? Chief Harrelson stated that they are asking them to begin the permit process prior to December 31 of each year. Councilman Welburn noted that they will incur considerable work load in December. Chief Harrelson agreed that it would in- crease, but they would simply renew their license, and continue to operate. After the publicity dies down, Councilman Harper asked how anyone moving to Wichita Falls will know about this? Chief Harrelson stated that he believed the alarm companies would make them aware. They could make a campaign in December. They could also send letters reminding the present holders of licenses that their license should be renewed. Councilman Harper wondered if we could waive the first fine? Chief Harrelson stated that the officer has some discretion, and he feels there is some flexibility here. They would notify people in the community through their publicity campaign. Councilman Welburn again asked what we are going to do about Section 4(b)? Will it be required to be retrofitted, or eliminate it? Mayor Cook stated that he felt it should not be removed because it would leave a gaping hole in the or- dinance. The wording was amended to indicate that the mechanism would be adjus- ted so that the alarm would sound for no longer than 15 minutes after being activated. Further discussion was held on the fees in Sections 11 and 14. It was decided to leave the fees at $40.00 and $100.00. Roy Horn, of Commercial and Industrial Electronics, Inc. , stated that they wanted the fire alarm instructions to be on the panel . Fire Chief Jameson agreed with this. The motion for passage of Ordinance No. 9-85, with agreed changes, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item l0a A proposed resolution was presented, granting exception to the requirements of Resolution No. 112-83, as it pertains to Contract B, Cypress Street Water Treatment Plant expansion project. A motion was made by Councilman Wilson, and seconded by Councilman Welburn, for its passage. Councilman Harper stated that we had two out-of-state bidders. We did not adver- tise in the normal manner. He did not want to waive it at this time. He suggested that bidders should request it at the time they bid. This is prior to the bid. George Bonnett, Public Works Director, stated that the consultant visited with local contractors. They were not willing to bid unless they could get a waiver of the 70 percent requirement. Councilman Harper stated that if we do this we may as well forget it from now on. Councilman Wilson stated that he would agree with him if we had not had a situation where local contractors could not bid. Councilman Harper feels the contractor should request it. Waiving it every two weeks is not the intent of the ordinance at all . Mr. Bonnett stated that the very nature of this project is that we must inter- rupt the ability of the Cypress Street Water Plant to provide water. No amount of excuses or negotiations is appropriate between himself and the contractor. We must have this plant back on line in order to meet water demands by April . Mayor Cook noted that in order to do this, they must have some assurances that the Council will waive it. They want some assurances that if they are low bidder, they will be awarded the bid. 638 Item 10a, cont'd. The motion failed by the following vote. Ayes : Mayor Cook, Councilmen Wilson, and Palmer Nays: Councilmen Swift, Thomas, Harper, and Welburn Item 10b RESOLUTION NO. 7-85 RESOLUTION APPROVING FIRST AMENDMENT TO AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION WITH SHEPPARD AIR FORCE BASE. Moved by Councilman Thomas that Resolution No. 7-85 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 10c RESOLUTION NO. 8-85 RESOLUTION ENDORSING THE POSITION OF THE WICHITA COUNTY COMMISSIONERS COURT REGARDING THE THREATENED LAWSUIT BY THE WICHITA GENERAL HOSPITAL BOARD. Moved by Councilman Harper that Resolution No. 8-85 be passed. Motion seconded by Councilman Palmer. Jim King appeared stating that he attended this meeting, and it is his opinion that the County will abide by the decision of the legislature, and deal with indigent care according to that decision. Under no conditions does he think the Hospital Board should cause the Wichita County taxpayers to foot the bill for this lawsuit. Mayor Cook stated that the issue of indigent care is something which the Hospital Board has concerned itself with. The County feels the Texas Legislature will address the issue of indigent care and they are requesting that this be delayed until the legislature has made this determination. They would then be willing to continue negotiations with the Hospital Board if this does not occur. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Judge Bacus appeared, expressing the County' s appreciation for the vote of confidence by the Council . The Commissioners ' Court realizes they are under some strain to meet the obligations of the community, and remain competi- tive. This decision was made in December, which they hope is not irreversible. They hope this can be worked out in this session of the legislature. A task force was appointed jointly by the Governor, Lieutenant Governor, and Speaker of the House, to address indigent medical care. The public hospital folks need to work with the legislature to see that this is passed. He appreciates the coorperation of the City Council in working with the Commissioners in various needs of the City and County. Mayor Cook requested that the City Manager send a copy of the resolution to the Chairman of the Hospital Board. 639 Item lla RESOLUTION NO. 9-85 RESOLUTION AWARDING BID ON THE KINGSTON-JAMAICA DRAINAGE PROJECT, CAPITAL IMPROVEMENTS PROGRAM 84-4 Moved by Councilman Thomas that Resolution No. 9-85 be passed. Motion seconded by Councilman Welburn. Mr. Bonnett stated that this channel will not be utilized for the 100 working days contract period. There will only be one channel left out there. The contract will start in approximately 30 days. The lake level will be main- tained at 976 feet. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llb Moved by Councilman Wilson that the bid for 285 luminaires and lamps (each) be awarded as follows. a. United Electric - $29,776.50 (luminaires) b. AMFAC Electric - $4,822.20 (lamps) Motion seconded by Councilman Palmer and carried unanimously. Item 12a RESOLUTION NO. 10-85 RESOLUTION ACCEPTING CONSTRUCTION OF A MEDICAL GAS STORAGE FACILITY FOR THE HEALTH DEPARTMENT AND AUTHORIZING FINAL PAYMENT TO GILBRETH-CALHOUN COMPANY. Moved by Councilman Thomas that Resolution No.10-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13a Councilman Thomas stated that he voted the way he did on waiver of local employees because he does not want to discourage local people from bidding. He feels we should consider it at that time. Councilman Wilson asked if there is a charge for meter inspection if that meter is faulty? Mayor Cook stated that there is no charge for a faulty meter. Robert Thurman, 914 Reynolds, stated that he would like to continue parking in front of his business on Whitfield. Traffic Director Bob Parker stated that Whitfield Street has just been paved and curbed. They have drawn up adequate parking plans for the owner, but he wants head-in parking. Mayor Cook explained that they cannot take any action today, but they can take it under advisement. After further discussion, the Council directed that 640 Item 13a, cont'd. this matter be brought to the Board of Adjustments and Appeals for their consideration, before it comes back to the Council . Councilman Wilson noted that he is confused on what they can do and what they can waive. The City Attorney stated that he will look into it. Councilman Harper stated that he had been in contact with a general contractor who mentioned that he would have bid on a certain project if he had known about it, stating that he has done a lot of this work. Mr. Bonnett stated that they are doing all they can to advertise it, including placing it in the Dodge Report, he believed. Mr. Hancock appeared, stating that he was pleased that the Council passed Item 9d. He stated that it is not his desire to do anything in this project that will upset his neighbors. He stated that no one has contacted him about this construction. He would like to have the names of those who have complained, so that he might remedy any of their concerns. Items 13b, c The Council recessed into executive session pursuant to Article 6252-17 , Section 2_, Paragraphs (g) and (e) of the Revised Civil Statutes. The meeting resumed at 2:25 P.M. Moved by Councilman Wilson that the following board/commission appoint- ments be made. a. Aviation Advisory Board - January 15, 1985 to December 31, 1985 - Kay Yeager (reappointed) , and Eric Olmstead b. Mechanical Board of Adjustments and Appeals - January 15, 1985 to December 31, 1987 - David Potter (reappointed) , and Orville Flatt c. Landmark Commission - January 15, 1985 to December 31, 1986 - Gayla Morris (member at-large) Motion seconded by Councilman Wilson, and carried unanimously. Mayor Cook appointed Dr. C.B. Fuller to the Housing Authority Board (replacing Leander Garnett) , from January 15, 1985 to July 1, 1986. The City Council adjourned at 2:30 P.M. PASSED AND APPROVED this ��_ ay of 1985. i ar k, Mayor ATTEST: C_CnI1 LAC "�, jr�cj z It Wilma J. Thomas, CMC, City Clerk