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Min 07/16/1985 776 Wichita Falls, Texas Memorial Auditorium Building July 16, 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 Vern Rascke, Saint Stephens Episcopal Church. Item 3 Moved by Councilman Wilson that minutes of the meeting held July 2, 1985, be approved. Motion seconded by Councilman Thomas, and carried unanimously. Items 4.1a-6c Moved by Councilman Welburn that the consent agenda be approved. Motion seconded by Councilman Wilson. Item 4.1a Mr. Charles Smoot appeared as Director of the Texas Hot Mix Asphalt Pavement Association, in Austin, to present an award to the City of Wichita Falls for quality asphalt street construction. There are ten miles of streets in Wichita Falls which were constructed from 21 to 26 years ago. None of these have had extensive maintenance. Twenty-four streets are a minimum of 25 years old. Jamaica Drive was chosen, in particular. It was constructed in 1959 by J. F. Foster Company. There are still no structural defects in the pavement. Mr. Smoot presented a plaque to Mayor Cook, mounted with a core from Jamaica Drive. Mayor Cook expressed appreciation for this award, stating that it speaks to the quality of the continuing engineering work of our city, namely Mr. George Bonnett. Mayor Cook presented the plaque to Mr. Bonnett. Special recognition goes to our Street Department for the quality of our streets. Dave Tracey and his crew have done a lot to save our streets. Potholes have almost been eliminated. He also commended the engineering staff. Item 4.1b Ann Funston appeared for the Heritage Society, stating that they want the Littlest Skyscraper for preserving it. Mayor Cook asked if she believed the Heritage Society can raise sufficient funds to renovate it, and how do they think it will be used? She stated that they have not come to a definite recommendation, but they are considering a site museum. Councilman Wilson asked if it is within the financial resources of the Heritage Society? Mrs. Funston stated that they plan to apply for grants. He further asked if she believes they can handle this, and the Kell House, without the City' s financial resources? She stated that they can; that they do not want the City' s money. They just want the Skyscraper. They have no 777 Item 4.1b, cont'd. intentions of asking for money from the city. Mayor Cook requested the staff of the Legal Department to look at their request, and see what we can do. Item 4.2a ORDINANCE NO. 76-85 ORDINANCE WAIVING SECTION 31-41 OF THE CODE OF ORDINANCES, WHICH REQUIRES COUNTY RESIDENCE FOR CAB DRIVERS, FOR JIM R. SANDERS. Ayes:: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5a RESOLUTION NO. 86-85 RESOLUTION TO APPROVE AN EASEMENT FOR THE TEXAS ELECTRIC SERVICE COMPANY TO PROVIDE ELECTRICAL SERVICE TO THE EXPANDED CYPRESS STREET WATER TREATMENT PLANT Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6a-c Minutes of the meeting of the Planning and Zoning Commission held June 12, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Electrical Examiners Board held June 20, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Park Board held June 26, 1985 were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a A public hearing was opened on the proposed 1985-86 Community Development Block Grant Program. Administrative Assistant Sam Grove stated that they have had to absorb several cuts. He presented a proposal of the recommendations, totaling $1 ,454,000. Councilman Wilson asked if all monies from last year have been spent? Mr. Grove stated that not all of it has been spent, but there are plans for it. The money for the Wichita River will be spent on the consultant' s study. Planning Director Roger McKinney stated that we are getting a much better degree of private demolition now, and additional funds will not be needed for Code Enforcement. No one else desired to be heard, and the public hearing was closed. Item 7b Discussion was held on paving of an unnamed alley behind Santa Fe apartments• 778 Item 7b, cont'd. Councilman Harper stated that Mrs. Wigley, on Sue Ann, had called, and was very upset that she is going to be charged $1 ,600 for paving. She stated that she could not be here this morning. She had just received the notice. He suggested that we table this until she has an opportunity to be heard. Councilman Wilson stated that he had received a telephone call, also. Some were concerned that they had only received their notice that day. He suggested that we continue with the people who are here today, and extend it for Mrs. Wigley, and others, until a later date. City Engineer David Zelenok stated that the estimated cost of this project is $12,834. A majority of the individuals are in favor of it, with the exception of Mrs. Wigley, and one or two others. In the alley container program, residents are required to place fifty percent of the costs with the City. This alley could be placed in that program. The remaining fifty percent is broken up into 36 months. On the 36-month payment plan, the per month costs would range from $8.00 to $28.00. It was noted that Mrs. Wigley had stated that her garbage is being picked up in the alley. Mr. Bonnett stated that they are providing manual pick up in the alley behind the houses. It makes him uncomfortable about picking up garbage on private property. He presented options for pick up in the area. He believes this unnamed alley to be private property. Councilman Wilson asked how containerized pick up will mesh with the rest of the neighborhood? Mr. Bonnett stated that dual pickups will be continued in this area. We would still have overlaps, but we are working on it for the future. Mr. Zelenok stated that the second option is to place the alley in the alley paving program, where property owners place 100 percent of the costs up front. The third option could be to table it. Mr. Bonnett stated that the ordinance requires the up front money. If someone did not pay, he would suggest that it be put on hold until all money was paid. There would be nothing to prevent the property owners from internally adjusting the money. If the Council chooses to proceed, the staff recommends that they believe it would be most cost effective to place it in the alley container program. Mr. Zelenok stated that they have several other alleys under consideration now, and whatever we establish today will have an effect on them. Kent Neville, 2011 Wenonah, stated that he is not opposed to the alleyway, except for the $1 ,080 he would have to pay for something he does not use. There is a row of evergreens behind his house for privacy. He wants to make sure he is not paying $1 ,080 to tear his trees down. He stated that for this amount of money, he does not want to pay for it because he does not use it. His alley is graveled behind his house on Wenonah, and his trash is picked up in the alley. Mr. Bonnett stated that the property owners want it paved due to the tracking of mud from the back lots. Mr. Zelenok stated that Mr. Neville and Mrs. Wigley did not sign the petition. Evelyn Brock, 2020 Santa Fe, stated that she has been paying for the sandstone and gravel in this alley. She has a few residents who use this alley, along with everyone around there. She mentioned city trucks and contractors, property owners on Wenonah, and apartment dwellers all use it. Mrs. Don Yokeley, from Beverly Drive United Methodist Church, stated that she did not know about the front pick up. The Board had agreed they would go their part. On any additional funds, she would have to go back to the Board. Councilman Wilson stated that any arrangement like that would be voluntary. If it were not paid in full it just would not be paved. Opal Kennedy, Manager of Santa Fe apartments, stated that the notice was sent to the owner in Temple. She stated that she left Mrs. Wigley off in the petition process because she did not think that she would be a part of it. Moved by Councilman Harper that this matter be tabled until the next meeting to give Mrs. Wigley an opportunity to appear. Motion was seconded by Councilman Welburn, and carried unanimously. 779 Item 7b, cont'd. Councilman Thomas asked whose responsibility it was to get the notices out? Mr. Bonnett stated it was theirs, but they did not have the resources to get them out until last Wednesday. Item 8a ORDINANCE NO. 77-85 ORDINANCE AMENDING SECTIONS 8-15, 8-171, 8-172 AND 8-174 OF THE CODE OF ORDINANCES TO ALLOW FOOD VENDING WITHIN CERTAIN DESIGNATED AREAS OF THE CITY OF WICHITA FALLS. Moved by Councilman Harper that Ordinance No. 77-85 be passed. Motion seconded by Councilman Thomas. Councilman Harper inquired if Article VIII in the old ordinance contained these regulations? The City Attorney stated that it did. Councilman Harper also asked if there is any reason not to include industrial areas? Mr. McKinney stated that he did not think it would create a problem, but there is not a great deal of pedestrian traffic in those areas. It was noted that we have an ordinance on vending in parks. Mr. Hursh stated that there are no concessions in Lucy Park. We have an ordinance against peddlers in parks. Moved by Councilman Wilson to amend Section 3(a) to include industrial . Motion seconded by Councilman Harper, and carried unanimously. Moved by Mayor Cook that Section 5(m) be amended to state that the property owner or merchant has to the right to object, and ask the vendor to move on, if he does not want the vendor in front of his business. Motion seconded by Councilman Harper, and carried unanimously. Moved by Councilman Wilson that Section 3(a) be amended to also include heavy commercial . Motion seconded by Councilman Palmer, and carried unanimously. The motion for passage of Ordinance No. 77-85, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilman Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8b ORDINANCE NO. 78-85 ORDINANCE WAIVING SECTION 4-15, SECTIONS 22-1(a) , 5, 8, 9, SECTION 22-3 AND 22-4 OF THE CODE OF ORDINANCES TO COVER CERTAIN ACTIVITIES SCHEDULED DURING THE RED RIVER CHILI CHAMPIONSHIP. Moved by Councilman Thomas that Ordinance No. 78-85 be passed. Motion seconded by Councilman Harper. Councilman Wilson asked if there was any reason this was not sent to the Park Board for their recommendation? The City Manager replied that there wasn't, but it probably should have been. We have done this before, and it seems to be more of a policy. Lynn Dozier and Fritz Taylor appeared for the Jaycees, stating that they have submitted their request to the Park Department for use of the park. Mr. Dozier stated that they are requesting waiver of these ordinances. Councilman Palmer stated that some of the things in this letter should have been addressed by the Park Board. Mr. Dozier stated that they were negligent in getting it to the Park Board, but they want to discuss it with Mr. Hursh very soon. They are not asking the Council to address these long 780 I Item 8b, cont'd. range goals. Mr. Dozier stated that they would like to see the Jaycee Park signs replaced. They also mentioned portable basketball goals. Mayor Cook asked Police Chief Harrelson if there were any problems last year? Chief Harrelson stated that they had very few problems. He would not have any objection to it this year, based on last year. Mr. Hursh stated that he had no objections. Mayor Cook noted that the Jaycees do a good job in bringing people to our city. Councilman Wilson stated that he opposed it last year, and again this year, because of the commercialization and serving of alcohol in city parks. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson Item 8c ORDINANCE 79-85 ORDINANCE AMENDING SECTION 15-1 , SUBSECTION (h) OF THE CODE OF ORDINANCES TO PROHIBIT HAVING, KEEPING, STORING, MANUFACTURING OR SELLING PYROTECHNICS WITHIN 500 FEET OF THE CITY LIMITS WHEN THE ONLY MEANS OF EGRESS IS THROUGH OR INTO THE CITY LIMITS. Moved by Councilman Palmer that Ordinance No. 79-85 be passed. Motion seconded by Councilman Wilson. Mr. Berzina mentioned an incident last year when they were given one year to sell fireworks, and they again sold them this year. 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. 87-85 RESOLUTION APPROVING SALE OF REMAINDER OF LOTS 3-6, BLOCKS 27, J.A. KEMP ADDITION, TO ARTURO ZUNIGA. Moved by Councilman Harper that Resolution No. 87-85 be passed. Motion seconded by Councilman Palmer. Councilman Welburn asked if we had had time to ascertain the validity of the recititations mentioned by the City Attorney? Mr. Hodge mentioned irregular sized lots. Property Administrator Dorcas Chasteen stated that she checked with the Planning Department as to building setbacks, etc. Appraiser David Combs agreed that it was so small and irregular that it would be of no benefit to anyone except the property owner. Councilman Wilson stated that he believes we should put it out to bid. It is of a size to place a business on. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson Item 9b RESOLUTION NO. 88-85 RESOLUTION TO ESTABLISH A RATE FOR PERFORMANCE OF CHEMICAL OXYGEN DEMAND (COD) TEST BY THE CITY WASTEWATER TREATMENT PLANT 781 Item 9b, cont'd. Moved by Councilman Welburn that Resolution No. 88-85 be passed. Motion seconded by Councilman Harper. Mr. Bonnett explained that the Health Department now charges for water sampling. If we have to pay for that, then the work we do for them should also be charged for. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9c RESOLUTION NO. 89-85 RESOLUTION ACCEPTING THE PROVISIONS OF A PROPOSED AGREEMENT BETWEEN THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE BURLINGTON NORTHERN RAILROAD COMPANY FOR THE RECONSTRUCTION OF THE BARNETT ROAD CROSSING ON BARNETT ROAD AT RAILROAD MILEPOST 6.65 IN WICHITA FALLS, TEXAS Moved by Councilman Palmer that Resolution No. 89-85 be passed. Motion seconded by Councilman Welburn. Councilman Harper asked about the timetable for this project? Mr. Bonnett stated that the State has it on an August schedule. Mr. Bonnett believes it may be September or October. It will be a two-year program. None of this will be assessed to abutting property owers. Curbs will not be installed on the West side because of future street planning. Most residential properties take access on the East side, off other roads. Curb and gutter would not be compatible with bar ditches. Councilman Harper noted that residents on the South part of Barnett Road had to pay for the development. Mr. Bonnett stated that he believed they were only assessed for curbs and gutters. Another option would be a cash contribution from the developer for future construction. Councilman Harper requested that they come back with some alternatives on this. Mr. Bonnett stated that the feds will not participate when there is a potential need for widening. Bar ditches leave a lot to be desired in an urban area. He stated that he has great difficulty justifying seven lanes out there. There will now be five lanes. If you put a curb on it, there is a question that they will participate. They are putting sidewalks in on the East side. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9d RESOLUTION NO. 90-85 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF PAUL A. REAUME ASSOCIATES FOR PROFESSIONAL SERVICES IN THE SELECTION OF A DIRECTOR OF PARKS AND RECREATION. Moved by Councilman Palmer that Resolution No. 90-85 be passed. Motion, seconded by Councilman Welburn. Jim King, 417 Willow Drive, asked if all avenues to secure a person for this positon have been used, and the staff cannot find someone, and they have to go outside to find a person? 782 Item 9d, cont'd. Mayor Cook stated that when you are looking for highly professional people, you don't have available to you, as a city, methods in which you can recruit individuals. Mr. Berzina has contacted those persons which he knows, that have those qualifications. The position could be vacant for a year, as was the position of Director of Public Works. We have found, with the use of a professional , that he can secure us this expertise in a much less time frame. The city is no longer a small city. This position has a high degree of expertise and specialization. He further stated that they believe they have exhausted their efforts to find someone to fill this position. City Manager James Berzina stated that we would have many of these expenses if we did it ourselves. What we are doing is buying into a network where they can call and find out who is out there, and willing to move. He also mentioned that in the reference check this person can get follow-ups that the City could not get. Mr. King asked what the salary would be, and Mr. Berzina stated that it would be in the same general area of what it is paying now, or something like $40,000. Mr. King stated that it seems that the City should stop this process. He believes the present staff of the City of Wichita Falls could find a director without going through this process. Mr. Berzina stated that it will be the City who hires this person. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10a RESOLUTION NO. 91-85 RESOLUTION TO AWARD BID FOR REPAIRS AND ADDITIONS TO LAKE ARROWHEAD EMBANKMENT ROCK SLOPE PROTECTION Moved by Councilman Harper that Resolution No. 91-85 be passed. Motion seconded by Councilman Welburn. Councilman Thomas asked if anyone knew anything about the second bidder? Mr. Bonnett stated that they are very reputable. He also noted that contractors will not bid unless they get a waiver of the 70 percent labor requirement, stating that they are looking us right in the eye, and telling us they will not bid unless a waiver is granted. Councilman Harper asked for their names. Councilman Wilson stated that he has no reservation about waiving this, as needed, but he is not comfortable with only two bids. Mr. Bonnett stated that he thought bids came in about five percent over the estimates. The contractors plan to do this work in September or October. After the budget is accepted, they would request that Contract B be awarded, if it is included in the budget. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Mayor Cook suggested to Mr. Bonnett that in those instances of bids which he feels the 70 percent would be a factor, that he alert the Council of this so waivers could be granted. Item 10b RESOLUTION NO. 92-85 RESOLUTION ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS Moved by Councilman Thomas that Resolution No. 92-85 be passed. 783 Item 10b, cont'd. Motion seconded by Councilman Wilson. An amendment was moved by Councilman Harper that Parcel 20 be accepted, subject to compliance with the landmark ordinance provisions regarding exterior of the building, and that substantial headway be made toward that renovation by September 1 , 1986. An attachment can be made to the deed. Motion seconded by Councilman Wilson, and carried unanimously. Councilmen Harper and Wilson commended Mrs. Chasteen for getting this out. Mr. Hursh stated that the Park Department is maintaining this, so it is also a good day for them. Councilman Welburn stated that Wilson Parkway has also benefited. The motion for the resolution as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10c RESOLUTION NO. 93-85 RESOLUTION TO APPROVE AWARD OF BIDS FOR CHEMICALS FOR WATER TREATMENT Moved by Councilman Thomas that Resolution No. 93-85 be passed. Motion seconded by Councilman Wilson. Mr. Bonnett suggested that the bid be awarded subject to conditions of the tests on liquid ferric/polymer blend. Moved by Councilman Wilson that the bid be awarded, subject to the test conditions, as recommended. Motion seconded by Councilman Thomas, and carried unanimously. Purchasing Agent Dick Arndt stated that Thompson/Hayward, in Dallas, was one day late last year, and this year. The motion for passage of the resolution, subject to the above, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10d RESOLUTION NO. 94-85 RESOLUTION TO AWARD BID FOR CONTRACT C, CYPRESS STREET WATER TREATMENT vas PLANT EXPANSION PROJECT Moved by Councilman Palmer that Resolution No. 94-85 be passed. Motion seconded by Councilman Thomas. Councilman Palmer stated that he is really concerned about these prices, and asked if there were only two bids? Mr. Bonnett stated that there were, and that he is also concerned. He stated that this firm has only been formed- up for about a year and a half. They are doing a fair amount of work. Council- man Harper stated that it is the same people as Timmins/Anderson. Councilman Thomas asked if firms sometimes make a complimentary bid, and Mr. Bonnett noted that that is sometimes the case. The motion was carried by the following vote. 784 Item 10d, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lla Councilman Swift stated that he was contacted yesterday by a veteran who lives in the city to see if there is an ordinance concerning people placing silhouettes on the sidewalks. Mayor Cook asked if this is considered defacing public property? The City Attorney stated that this is a good question, but we get into first amendment rights. Mayor Cook suggested that the City Attorney and Chief Harrelson get together, and decide what position we will take. Mr. Hodge stated that he did not feel it would come under the definition of the sign ordinance. The signs were to be painted on August 5. Mayor Cook stated that if there is any damage or additional costs, that the' Police Chief be instructed to arrest those individuals. Assistant City Manager Ed Barrett explained that the City of Wichita Falls came out 104.3 percent on a cost of living survey. The utility percentage was 123.9 Each Chamber of Commerce was asked to give rates. All- electric houses were the ones who came out the highest. The Board of Commerce and Industry asked Texas Electric to give us an analysis of rates within our area. Our utility rates were second lowest. Austin was lowest. Groceries were priced at the lowest price available. City and State taxes are not included in this survey. From quarter to quarter, you will see great changes. This is not really a cost of living survey, but what a mid-manager moving to Wichita Falls would face. Mr. Barrett also stated that they had discussed with homebuilders some of their requests. It was indicated that the electrical board requirements had not been met. Dialogue will be communicated by various means. Homebuilders may request some things that are not in the best interest of the City. There are some policy matters which will be coming to the Council in the future, such as the zoning ordinance and sidewalks. Councilman Wilson requested that when it comes to them, that the people affected be notified. Councilman Wilson asked concerning an oversized sign of a church in his neighborhood. Mr. McKinney stated that they would have to go before the Planning and Zoning Commission in August. He could talk to the Chairman to see if he would want to convene a special meeting. Mr. Berzina stated that they plan to skip the second meeting in August, because of vacations. Mayor Cook also mentioned that it may be necessary to have a special meeting with the County Commissioners toward the end of this week. Items llb,c,d The City Council recessed into executive session at 11:05 A.M. , pursuant to Article 6252-17, Section 2, Paragraph (g) , of the Revised Civil Statutes. The meeting reconvened at 12:25 P.M. Moved by Councilman Palmer that the following be appointed to the Youth Activities Advisory Council , for terms to expire May 31 , 1986. a. Rider High School - Joe Wurster, Kerry Golstein, and Roland Ramsey b. Hirschi High School - Dee Dee Vaden, Christina Torres, and Tracy Reich c. Wichita Falls High School - Mark McMullen, Sara Donnell , and Shantelle Broom d. Notre Dame High School - Leonor Asorio, Joey Wildhobar (alternate) , and Teresa Bose (alternate) Motion seconded by Councilman Thomas, and carried unanimously. Moved by Councilman Palmer that Don Vanadore be appointed Municipal Court Clerk/Court Administrator, effective July 16, 1985. 785 Items 11b,c,d, cont'd. Motion seconded by Councilman Thomas, and carried unanimously. The City Council adjourned at 12:30 P.M. / y PASSED AND APPROVED this - day of 1985. Ga oo ay or ATTEST: rn �" Wilma J. Thomas, CMC, City Clerk