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Min 06/04/1985 750 Wichita Falls, Texas Memorial Auditorium Building June 4, 1985 �C 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 Fred James, Bethel Assembly of God Church. Items 4a-7a Moved by Councilman Thomas that the Consent Agenda be approved. Motion seconded by Councilman Harper. Item 4a Paula Ruffin, an employee of the Personnel Department, was honored as Employee of the Month for June. Mayor Cook presented her with a plaque, and two tickets each to a theatre and dinner. Item 5a RESOLUTION NO. 69-85 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE DEPARTMENT OF AIR FORCE FOR A 50-YEAR LEASE EXTENSION TO THE EXISTING AIRPORT LEASE. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5b RESOLUTION NO. 70-85 RESOLUTION REJECTING BIDS FOR THE RECONSTRUCTION OF PAWHUSKA AND MINNETASKA STREETS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6a-c Minutes of the meeting of the Aviation Advisory Board held March 6, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Planning Board held May 8, 1985, were received. 751 Item 6a-c, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Aviation Advisory Board held May 22, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a A tax refund was approved for Mr. Frank B. Harvey, in the amount of $3,177.36. Mr. Harvey made three half-payments on this account. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8a Discussion was held on a proposed animal control ordinance. A motion was made by Councilman Palmer, for discussion, and seconded by Councilman Welburn, that the ordinance be passed. Jim Gilbow appeared from the Obedience Club. Mayor Cook asked about distances used in voice training of dogs. Mr. Gilbow stated that they sometimes go out as far as 100 feet in training. They also go to the Parks for training. Dr. Cox noted that if someone has a dog that had gone through obedience training six months before, they could say that the dog was not at-large, but had been trained. Mr. Gilbow noted that they would like something on quarantine, and an at-large section. They would also like the age limit to be six months. This would give them an idea of what they can do to determine if they have any problems with the animal . Dr. Cox stated that he is not in favor of the at-large definition that this man wanted. It will open the gate for many people to say that they were training their dog. He believes this is important to protect the people from dogs running loose. Councilman Palmer asked if they had used remote control dog collars, and what he thinks of them. Mr. Gilbow stated that he feels this is as good as any leash. Councilman Palmer noted that this is one of the biggest hang-ups he has on the at-large. It will take all the teeth out of it. if they remove it. Councilman Wilson stated that he will not vote for something that will encourage people to break the law. He stated that fifteen feet is not reasonable. He would prefer the words "under verbal control ". He does not believe it is appropriate to pass an ordinance that says we will not enforce it. Toni DeStefano stated that verbal control does not work. It has been taken out of most of the ordinances they looked at. Verbal control will put our animal control people out of control . Councilman Palmer asked about providing an area for training? Mrs. DeStefano stated that these people have used the parks for training, without creating any problem. Councilman Wilson asked how often are these dogs in the physical presence of the owner when the officer comes out to pick them up? Dr. Cox stated not very often. Mr. Gilbow stated that he would like to be able to work under the ordinance, rather than break it. Mrs. DeStefano mentioned large pitbull_dogs loose in pickups; also dragging chains. Councilman Harper asked if we could pick up an animal if it attacks, or attempts to attack someone? Councilman Wilson stated that we could. Dr. Cox stated that we are trying to avoid a vicious animal attacking someone. We don't think they should have the opportunity to attack people. This is the reason we are so concerned about animals 752 Item 8a, cont'd. being under control . If this definition is not acceptable, they could add "unless under control by sanctioned member of the obedience or kennel club". Mayor Cook asked if there is such a thing as a demonstration showing that this animal had been under verbal control ? If the owner cannot demonstrate this, it would show that the animal was not under verbal control . Councilman Wilson stated that he cannot support something which exempts one group. He again stated that 15 feet is not acceptable. City Attorney H. P. Hodge stated that they might consider that dogs be trained at some specified park. Mayor Cook noted that the animal control personnel are using their best judgment in enforcing the ordinance. Something might be added in Section 23 for a demonstration to show that the dog was under control . Mrs. DeStefano liked the idea of having a place where these people can work their dogs. Mr. Gilbow stated that it is something they could work with. Dr. Cox stated that a dog is not under verbal control when a person leaves the dog in the yard, and goes in to answer the phone. Unless we have something that we can enforce, you will hamstring us. He noted that we have not had trouble with these people who are complaining. Councilman Wilson noted that someone could call another person' s dog away. Councilman Welburn noted that it is necessary for an owner to be out of sight of the dog in order to do certaining training. Councilman Thomas stated that he does not see that the animal control people will bother people working their dogs, but we do need to have regulations enforcing the leash law. Councilman Wilson asked why the section is here on wild birds? Mrs. DeStefano stated that there was a blow dart problem. Councilman Wilson stated that is illegal , and this does not have anything to do with it. Right now, a person cannot duck hunt on Lake Wichita. He also asked if there is some way an individual could get rid of their nuisance birds? It was stated that they can on their own property. City Attorney H. P. Hodge stated that if we have a state law that covers it, we cannot pass a city ordinance anyway. Councilman Harper asked if we will enforce state law? Mr. Hodge stated that we would enforce state law just like a city ordinance. Dr. Cox stated that the animal control people have great difficulty enforcing state law. When they take it to the County, they have great difficulty getting it to come up. Moved by Councilman Welburn that this matter be tabled for re-work, and incorporate some of these items so we can apply the law uniformly. Motion seconded by Councilman Wilson. Councilman Thomas suggested that in Section 5-45, we insert permission of owners within 100 feet. The motion to table was carried by the following vote. Ayes: Councilmen Swift, Harper, Wilson, and Welburn Nays: Mayor Cook, Councilmen Thomas and Palmer Mayor Cook explained that they would like Dr. Cox to look at the at-large question, tracking of game birds to be in compliance with state law, permission of owners within 100 feet of where pigeons are raised, and change the age of dogs to six months instead of four. Section 5-70 was also mentioned on wild birds. Dr. Cox stated that the veterinarian will give persons an application for a city tag for them to take to the city for their license. They would like the veterinarians to issue the city licenses, but they can't get them to. It is an option open to the veterinarian who wants to do it. Roy Ressell , Health Department, stated that in some ordinances the veterinarian is required to do this. Councilman Harper suggested that should be put in. 753 Item 8c, cont'd. Councilman Harper asked if there is any way we can solve the problem of a cat wearing a tag? It is difficult for a cat wearing tags to stalk a rat. Councilman Welburn suggested proof of license in Section 5-7. It is much more effective not to wear collars on the property. Mrs. DeStefano mentioned that people call about cats scratching cars, in flower beds, etc:. They could say that if the cat becomes a nuisance, even with a tag, they could pick it up. Councilman Thomas asked why they did not want animals to be sold at flea markets or garage sales? Mr. Gilbow stated it was because of the way most of them end up. Councilman Thomas stated that the owner of the flea market should have to comply with the pet stores. Mr. Gilbow suggested covering pet fairs, AKC shows, obedience training, etc. Councilman Welburn stated that the definition of "vicious" is something he can live with. Mrs. DeStefano stated that some animals go for another one to kill . Councilman Welburn noted that sometimes these things are prejudice. He mentioned more German Shepherds biting than others, and also more Poodles bite more people than Pit Bulls. A majority of the Council was not happy with the present at-large wording. A woman in the audience stated that kennel clubs don't have to individually license the pets. They pay a fee. Councilman Harper would like to require veterinarians to handle city permits, along with vaccination. We might have to raise the fee so they could keep part of it. Item 8b ORDINANCE NO. 60-85 ORDINANCE ESTABLISHING ALLEY PAVING PROGRAM PROCEDURE. Moved by Councilman Thomas that Ordinance No. 60-85 be passed. Motion seconded by Councilman Palmer. Councilman Harper confirmed that if the City goes into the alley container program, then they would pick up the excess of estimated costs, as stated in the ordinance. Mr. Bonnett stated that he felt the people should know where they stand. The alley would not be paved until they had at least 50 percent of the cost. We now have the capacity to handle an additional 15 percent load without additional equipment in alley containers. Councilman Palmer felt that the costs of the container system, and the maintenance, was not cost-effective. Mr. Bonnett stated that we will be faced with significant costs of replacing alleys. They are breaking up. He stated that 10,000 cars equal one trip of a garbage truck. The City Manager stated we need something in this ordinance that allows the City to get out of the alley paving program if something more technologically, or economics, comes along. Three changes were made to the ordinance. Portland cement concrete was added in Section 3. Ten percent for contingencies was added in Section 5(B) , and Section 7 was added to allow the city to discontinue alley collection, if necessary. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9a RESOLUTION NO. 71-85 RESOLUTION APPROVING AMENDMENTS TO CIVIL SERVICE RULES ADOPTED BY FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COMMISSION 754 Item 9a, cont'd. Moved by Councilman Palmer that Resolution No. 71-85 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 9b RESOLUTION NO. 72-85 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT FOR CONCESSIONS OF CITY PROPERTY AT LAKE WICHITA. Moved by Councilman Thomas that Resolution No. 72-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item l0a It was recommended that the bid for a front end alignment machine for Central Garage be awarded to Bear Automotive, in the amount of $17,128.06. Moved by Councilman Thomas that the bid be awarded, as recommended. Motion seconded by Councilman Welburn, and carried unanimously. Item 10b The Council recessed at 10:25 A.M. to go to the parking lot to inspect trolley type buses. The meeting reconvened at 11:05 A.M. Mayor Cook requested Bob Parker to explain what these buses would be used for. Mr. Parker explained that they would be for some new routes, and a change of others. The trolley would be alternated on these routes. The other one would be used in the downtown area as a shuttle. In almost all of the cities which have these, the revenue has increased 300-400 percent. Within six months we will have all the equipment we need to start our route system. Moved by Councilman Harper that we purchase two Chance trolleys, in the amount of $256,924, because of the perception toward quality construction. Motion seconded by Councilman Palmer. Councilman Swift stated that he feels some consideration should be given to air conditioning. Councilman Wilson agreed. Councilman Thomas also commented that a half-day tour of the City would be uncomfortable without air conditioning. Councilman Wilson stated that he would have difficulty not considering air conditioning on a hot August afternoon. Councilman Harper believes that the chance of this happening is almost non-existent. Councilman Thomas asked if the Chance trolley can be air conditioned? The Chance representative stated that it was not designed to be air conditioned. Mayor Cook stated that he prefers the Chance on construction, buL he also is concerned about the comfort. Mr. Parker stated that most of our charters are in the spring and fall , and morning and evening. The seating capacity varies. They usually do not run over 50. Chance is a 24 seat capacity versus 35 on the others. 755 Item 10b, cont'd. The TVI representative asked why the Council thinks the quality of the Chance is better? Councilman Harper stated that he did not say that the quality is better, but the perception of it is better. The representative expressed concern about some of the specifications being taken exception to. Mayor Cook asked how long he expected the life of that vehicle to be? The representative stated 7-10 years, or longer. He further stated that he met most of the specifications, and he could deliver in 120 days. Steve Purdue, of Bolain Equipment, stated that the trolley they brought up here is not what they bid, and they met all specifications. They brought the one today to show the 35 seating capacity. They are from Denton. They are $32,000 per unit less than Chance, and $15,000-$16,000 less than TVI . The Chance representative stated that they started using this trolley when San Antonio came to them to design one. They have been used about a year and a half in San Antonio, and the ridership has increased 114 percent. City Attorney H. P. Hodge commented on the state law requiring award of bids to the lowest responsible bidder. The motion to purchase the two Chance trolleys failed by the following vote. Ayes: Councilmen Thomas, Harper, and Palmer Nays: Mayor Cook, Councilmen Swift, Wilson, and Welburn Moved by Councilman Wilson that the bid for two trolleys be awarded to Southwestern Metro Trans Corporation, in the amount of $230,910. This vehicle meets specifications, and is a proven product. Motion seconded by Councilman Welburn. Councilman Thomas felt that we could have both types of trolleys. Mr. Berzina also felt that it would be very compatible with our plans to purchase one of each. Steve Purdue stated that TVI took two exceptions. It was noted that Bolain Equipment has products in Birmingham and Mobile Alabama, State of Michigan, City of San Diego, Las Vegas, Reno, Los Angeles, and New Jersey. The motion to purchase two TVI trolleys failed by the following vote. Ayes: Councilmen Wilson and Welburn Nays: Mayor Cook, Councilmen Swift, Thomas , Harper, and Palmer Moved by Councilman Thomas that the City purchase one Chance trolley ($128,462) , and one TVI trolley ($115,455) . Motion seconded by Councilman Palmer. The Council asked both the Chance representative and the TVI representative if they had the authority, and would they accept the bid for one trolley each, instead of two, as bid. Both representatives stated that they did have the authority, and that they would accept the bid for only one trolley. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson 756 Item 10c RESOLUTION NO. 73-85 RESOLUTION ACCEPTING BID OF JIMMIE FOSTER, D/B/A J. FOSTER LANDSCAPES, FOR CONSTRUCTION OF EASTSIDE IRRIGATION SYSTEM AN D LANDSCAPING SC PI NG AND SEEDING OF MAPLEWOOD BOULEVARD. Moved by Councilman Thomas that Resolution No. 73-85 be passed. Motion seconded by Councilman Welburn. Mayor Cook asked who designed the irrigation system? Mr. Hursh was not sure, but he believed it was Smith. Mayor Cook mentioned weeds growing around the heads above ground. Mr. Hursh stated that they should all be at ground level . The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, Nays: Councilman Swift Item lla Randall Garton, 4709 Taft, Apartment 404, stated that he is working temporarily in Wichita Falls for 60 days. He requested a temporary permit to keep his pet bobcat in the city limits for that period. He stated that it is just like any other cat, and that it would be incapable of surviving by itself. Animal Control ordered the bobcat removed from the city because of the ordinance not allowing wild animals to be kept in the city. City Attorney H. P. Hodge stated that the animal control people had no discretion in this. Unless the animal is an infant, or is injured, they have no discretion. Mr. Garton stated that the bobcat is nine months old. Dr. Cox stated that there is no question about what the ordinance says, but he does not believe you can vaccinate a bobcat against rabies. Mr. Garton agreed, stating that they cannot carry rabies, either. Dr. Cox noted that there is no provision to own wild animals in the City of Wichita Falls. Mayor Cook noted that if the animal comes under the ordinance, then the staff should prepare an ordinance for next time, granting a waiver. Ed Barrett, Assistant City Manager, reported on the complaints from the YWCA at the last meeting. Councilman Wilson stated that he had received a call from a board member at the YWCA, and that this woman' s views were not of the YWCA, but hers, and possibly others. Mr. Barrett explained that they have an off-duty police officer assigned to Bridwell Park, they have repaired the lighting, and removed the bottom rungs of ladders. He noted that park lighting is done by Traffic; also sometimes complaints about ball field lighting are not making its way back to the Park Department. Three of the fields the YWCA plays on have some of the most up-to-date lighting available. One of the fields at Bridwell has antiquated lighting, but it is being looked at. We have not taken the fields with the worst lighting, and assigned them to one league. Maintenance was also addressed. All restrooms at Jaycee Park are located a long distance from the fields. They are not sure they can locate a restroom near the fields in order to get the proper slope. They are looking at it. The Park Department explained the procedure of wanting a statewide softball tournament, but the YWCA did not meet the deadline with information for them to get it in on time. Equal use of the facilities was another complaint. They are allotted four softball fields. They play four times a week, and can meet their schedule by playing two or three games a night. He stated that the facilities, in numbers, are there. Bridwell is not fenced. It is not irrigated. There has been no attempt to purposely discriminate against the YWCA on the part of the Park Department. The staff would be more than happy 757 Item lla, cont'd. to look at field assignments, and try to provide a solution for next season. They cannot change any schedules for this year. Councilman Wilson explained that there is a sub-committee of the Park Board set up for the specific reason for those people who feel they are being slighted. It was put in place about 18 months ago. Some complaints are real , and some are perceived. It is also compounded by the weather. No one is excluded in the committee meeting. Mr. Hursh stated that they would be glad to have the YWCA meet with them, if they so desire. Mayor Cook emphasized that there is no intent of discrimination. If a member of the YWCA wants to serve on that committee, he does not think they would be excluded. Mr. Hursh suggested that they come to Park Board meetings if they have some recommendations. Annie Ray, Sports Director for the YWCA, stated that the people who use this park are undesirable. She cited drug use, young boys using obscene gestures, and sexual intercourse in the back seat of a car, with the door open. She stated that she also saw a kid on top of the lights, holding on to the wires. Mayor Cook stated that they will get an official designated member from the YWCA to serve on this sub-committee. He does not say it will be her, but whoever they designate. They will continue to address these problems, and suggested that they meet with the Park Board. Mr. Barrett also noted that they are enhancing the tree limb pick-up to two times a week. They will pick up a maximum of three bundles of brush, five feet long, and 18-inch diameters. For large amounts, persons will have to go to the transfer station. People can also call in, and they send a truck out to pick it up. The cost is $60.00 an hour, plus $15.00 travel fee. There will also be a place to deposit on Sunday (transfer station) .. It will cost $15,000 a year to have it open on Sunday. Doors on refuse containers will be marked to keep closed. Mr. Barrett mentioned the problem of concrete trucks washing out their trucks in unauthorized places. State law prohibits this. A letter will be sent to each concrete contractor to let them know they are breaking the law. Police are being asked to enforce it, also. Mr. Barrett stated that railroad crossings and right-of-way are the responsibility of the Railroad to maintain; however, the fine is only $10.00 per week for failure to do so, after the County Attorney has cited them. Mayor Cook suggested that we lobby through TML to get this legislation changed. Councilman Swift stated that we should contact the Railroad about this. Mayor Cook noted that a July bond election would need to be on the next agenda. Councilman Harper expressed appreciation for the report given by Mr. Barrett. Mr. Barrett stated that the information was furnished by the departments concerned. He just put it together. Councilman Harper stated that we have two companies in town who are ready to start street vending, if we can get an ordinance on it. They would like the ordinance to state that they can't set up within 100 feet of a business selling similar items. Also that the property owner must give permission to set up in front of each business. Councilman Welburn stated that it would appear that we are inviting a wrangle if we do this. He is opposed to having badly worded ordinances. If it comes properly done, then well and good. Each business should have the right to object to vending in front of their own business. Councilman Harper stated that one vendor is buying five machines, and the other one three. 758 Item lla, cont'd. Mayor Cook recommended, as a result of tornadoes in Pennsylvania and Ohio, that the Risk Manager send letters to those places to share our experience, along with direction and guidance. Items llb,c The Council recessed into executive session at 12:50 P.M. , pursuant to Article 6252-17, Section 2, Paragraphs (g) and (e) , of the Revised Civil Statutes. The meeting reconvened at 2:55 P.M. Moved by Councilman Wilson that appointments to various boards be made, as follows. a. Building Board of Adjustments and Appeals - Kyle Glenn Rose - December 31, 1986 b. Board of Electrical Examiners - Charles Jones - June 8, 1987 Chuck Dennis - June 8, 1987 Ben Shelton - June 8, 1987 c. Plumbing Advisory Board - Jonathan J. Chizamadia - December 31, 1986 Bob Oden - December 31 , 1986 Denzil Homer Ingram - December 31, 1985 Calvin P. Dipprey - December 31 , 1985 Kathryn E. Calamita - December 31, 1986 d. Wichita Falls Housing Authority (appointed by Mayor) Joel Jimenez - July 1, 1987 Nancy Sherrill - July 1, 1987, Leon Mallonee - July 1, 1987 e. Wichita Falls City-County Advisory Public Board of Health Mike Bomar; Gerald Leopold; and Burl Kirkland Motion seconded by Councilman Thomas, and carried unanimously. The City Council adjourned at 3:00 P.M. PASSED AND APPROVED this day of 1985. 1985. i" G y Coo Mayor ATTEST: Wilma J. Tho s, CMC, City Clerk