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Min 11/04/1986 363 I Wichita Falls, Texas Memorial Auditorium Building November 4, 1986 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 1Building at 8:30 o'clock A.M. , with the following members present. Charles Harper Mayor Sandy Goff Ruth Ann Allred Ronald Buffum Councilmen Lindsey Walker Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer E Charles Thomas Absent i The invocation was given by Harvey E. McMurry, City View Baptist Church. h Charles Harper, Mayor, read a poem by James Russell Lowell . Item 3 I Item 5c was moved to the regular agenda. Moved by Councilman Goff that the consent agenda be approved. Motion seconded by Councilman Allred. Item 4a Diana Lopez, a Tax Department employee, was honored as Employee of the Month for November. Charles Harper, Mayor, presented her with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4b Charles Harper, Mayor, read a proclamation in recognition of Boy Scouts, and presented it to Patrick Wedding. Item 5a The bid for an additional three quarter ton pickup previously omitted, was awarded to Longhorn Chevrolet, in the amount of $11,501 .81. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None Item 5b The bid for a scrubber/polisher was awarded to Empire Paper Company, in the amount of $5,640.03. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None Item 6a Minutes of the meeting of the Zoning Board of Adjustment held October 15, 1986, were received. 364 Item 6a (Cont. ) Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None Item 6b Minutes of the meeting of the Building Board of Adjustment and Appeals held October 16, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None Item 6c Minutes of the meeting of the Mayor's Commission on the Status of Women held September 27, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None Item 5c Bids were considered on herbicide for use in drainage ditches. Moved by Councilman Buffum, for discussion, that the bid be awarded to Chem-Dot Company, in the amount of $9.45 per gallon. Motion seconded by Councilman Kirkham. Councilman Buffum noted that there is a considerable difference in price in these brand names. Mr. Bonnett stated that it appears that the material ar.d concentration are similar in each, and they really did not see any difference. It just appears that one costs more than the other. The motion was carried unanimously. Item 7a A public hearing was opened on the request of Claudio Ramirez, Sr . , for additional taxicabs. Mr . Ramirez stated that his request is made to satisfy his customers. He now operates two cabs. Yellow Cab has several to back them up. Councilman Walker asked if they would only be used for back-up, or does he plan to put them on the street now? Mr. Ramirez stated that he needs one more on the street now. Later on, if the need arises , he wants to be able to put them on. Glynn Purtle appeared as attorney for Yellow Checker Cab Company. He spoke in opposition to granting ary additional cabs to Mr. Ramirez at this time. He believes the ordinance provides that a need exist for additional cabs. He stated that the cab business is down. He stated that they would not be opposed to permitting him to transfer permits to additional vehicles if he has mechanical problems. Mr. Wilson, of Yellow Checker Cab Company, believes that Mr. Ramirez operates a Chrysler that has not been inspected by the City. He stated that Yellow Cab operates 19 cabs in the city. He believes there is not a need for additional cabs in the city. Mrs. Ozuna stated that she lives in the area where Mr. Ramirez operates, and that he operates a very courteous service. She stated that she is an epileptic, and he is there any time she needs him. She believes he has the right to operate a cab service. Mr. Ramirez stated that his car has been inspected by the transportation department. E. W. Sims, 1306 21st, stated that there are sixteen or seventeen drivers with Yellow Cab whc own and operate thE,ir own cars. If the Council allows too many cabs to come into Wichita Falls, it will hurt their business. 365 ' Item 7a (Cont. ) Councilman Kirkham asked if the cab is down because of repairs, does he have another car to use? Mr. Sims stated that he didn't; however, the cab company does. He also stated that Mr. Ramirez has some drivers who are using scanners, and picking up their calls. Councilman Walker noted that it is said there are too many cabs on the street now. There should be some way to determine what the optimum number of operating cabs here should be. Mr. Sims stated that he believes it is up to the Council to decide how many cabs are operated here. He thinks there are 33 cabs which are permitted, but they are not running that many. Mr. Berzina asked if the use of scanners has ever caused a race to pick up the fare? Mr. Sims stated that it has. Some of Mr. Ramirez' drivers , are getting his calls. Mr. Ramirez noted that if a cab does not show up, they call someone else. He does not know if they use a scanner or not. He doesn't use it. They use a radio phone from his house. The public hearing was closed. City Attorney H. P. Hodge stated that the law on this is very cloudy fright now. Ten years ago the law was clear that the City had the authority to not only regulate the number of cabs, but also the number of operators a city can have. If there is so much competition that no one can make a living on it, the City could regulate the number of operators and cabs. Airlines, and others, have done this . If anyone wanted to operate in these businesses, they had to appear before the regulatory body, and provide information that there is a need for the increased service. The Council would made a deter- mination that it was needed. They also had authority to set standards for the vehicles to regulate and protect the health and safety of the public. Mr. Hodge stated that there has been a change in philosophy since they deregulated the airlines. The idea was that competition was good for the transportation industry. Other types of transportation were deregulated. There may be some type of philosophy that competition is good for the cab company in Wichita Falls. Cities seemed to be exempt from Anti-trust laws, but courts have ruled that cities are not exempt from anti-trust laws, unless we are operating in an area in which the state has delegated to the local authority; otherwise, anti-trust laws are applicable to cities. As he under- stands the law, the state has not given cities authority for regulation. He now has some doubts about the authority of the Council to restrict comp- etition, and be in violation of anti-trust laws. It is not quite as bad as it was two years ago. Many cities were hit with lawsuits under the anti- trust laws. Congress has, in the last year, amended the anti-trust laws to do away with triple damages to cities, although we are still under the anti-trust laws. Mr. Hodge further stated that he feels unquestionably that this city has some authority and responsibility to use safe equipment, and in a safe manner; that the people who operate them are of a character that is safe to the traveling public. If it created a traffic hazard, or a hazard to our streets, we have some responsibility in this. We have authority to license cabs. When we step over into the area of limiting income or competi- tion, then we are on dangerous ground. These are matters involving competition. He doubts the Council can operate on that basis alone, and restrict competition. Mr. Hodge would like to not take any action today, and bring it up at the next council meeting. He would like to hear Mr. Purtle' s briefing on this. Councilman Goff asked if we need to review the ordinance on the books now, and possibly amend it? Mr. Hodge agreed that we need to look at it. Charles Harper, Mayor, noted that the cab survey did not provide any concrete information. Moved by Councilman Kirkham that the ordinance be reviewed, and update it as necessary under the present laws and findings , and bring it up at the next council meeting. Motion seconded by Councilman Allred. 366 Item 7a (Cont. ) Councilman Buffum noted that he appreciated Mr. Sims ' remarks, but he did not believe that he would appreciate anyone telling him that he could not operate under the open market. The motion to study the matter further was carried unanimously. Item 8a Discussion was held on a proposed ordinance to change the quorum of the Public Health Board from five to four members. Dr. Cox stated that they have had a difficult time getting five members to be able to attend some of the meetings, and the Board asked that he request that a quorum of four be permitted. Councilman Kirkham questioned how many times this has occurred? Dr. Cox stated that they had to cancel a meeting in June because they couldn' t get more than four there. In the August meeting, they were able to get five members, but they were very shaky on it. Councilman Kirkham noted that with four members, they are likely to have some tie votes. Dr. Cox did not think this would be much of a problem. This Board recommends policy, but does not establish policy. Charles Harper, Mayor, asked if the ordinance requires five affirmative votes, or a simple majority? Dr. Cox stated that he knows of nothing in the ordinance that requires five affirmative votes. The City has five members on the Board. The County also appoints part of the members. Councilman Buffum was concerned about the reason for the lack of a quorum - lack of interest, or of necessity? Dr. Cox noted that they have representation from groups that are likely to be out of town at times. Jim King, 417 Willow Drive, confirmed that there would still be seven members on the board, expressing the concern that they could have a tie vote, and also about their interest in attending. Charles Harper, Mayor, asked if we could require four affirmative votes in the ordinance? Dr. Cox noted that the Board meets every two months. Councilman Kirkham asked how many meetings have been cancelled in the last year because of a quorum? Dr. Cox stated that they have cancelled two, and the next week they rescheduled one of them. If a member misses more than two meetings that have not been excused by the board as a whole, that member will be replaced. He further stated that this is the first year this board has existed, after they established the cooperative agreement. Councilman Walker noted that it seems that they may not be committed to this board, and perhaps they need members who are committed to it. Dr. Cox stated that the reduction in quorum was discussed two months ago. Mr. Berzina stated that they are an advisory board. If there is a tie vote, it does not pass, and they can bring it back at the next meeting. This board requires certain qualifications and experience. They may receive short notice, and cannot attend. Councilman Walker noted that a board that meets every two months does not have a regular agenda , and it must be some- thing presented to them. Dr. Cox stated that they have been in operation since February of this year. A motion was made by Councilman Allred for passage of an ordinance, changing the quorum from five to four members. Motion seconded by Councilman Kirkham, and failed by the following vote. Ayes: None Nays: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Item 8b Discussion was held on a proposed ordinance maintaining the level of updated service credits at 40 percent for current city employees, and at 30 percent for retirees. 367 Item 8b (Cont. ) City Manager James Berzina explained that the Texas Municipal Retirement System allows each city to create their own benefits. This directly relates to the entire amount which an employee receives in his check. We are now at 40 percent updated service credits. If we don't maintain it, then we start falling back, and the cost increases to bring it back up. The money which is put in is in the City's account, and it is working for them. We are trying to keep current on the amount so that we don't go back. Charles Harper, Mayor, noted that the Council pledged to employees to go up to 50 percent in five years. It is important to our retirees to do this each year. The formula is based on years of service, the final average wage over a three-year period, and the factor of these service credits. ORDINANCE NO. 92-86 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS: PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECREASED RETIREES OF THE CITY: AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Moved by Councilman Buffum that Ordinance No. 92-86 be passed. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None Item 8c Discussion was held on closing an alley in the Hillcrest Addition. Councilman Kirkham noted that we have had an alley closure on the last three or four council meetings. He asked what is causing these requests? Subir Murkejee stated that we have several alleys which are not paved. It goes back 40-50 years. We try to close alleys that are not needed for public purpose, especially if they are not paved. Councilman Kirkham did not under- stand a utility easement if the alley is closed. Mr. Murkejee explained that there is no alley on the ground. Councilman Kirkham stated that there is one in his area that the property owners are wanting opened up because people have built on the right-of-way, etc. Mr. Murkejee stated that if a person wants to open up an alley, the question of who pays for it should be considered. Councilman Kirkham mentioned an alley behind his house that is not being used except by people bringing their boats down it, and also the utility company. Mr. Berzina stated that before closure of an alley is recommended, they investigate all the facts. Mr. Hodge explained that the abutting property owners split the property, and the City owns half f this one. ORDINANCE NO. 93-86 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE FIFTEEN (15) FEET WIDE, EAST-WEST ALLEY, LYING SOUTH ON BLOCK 21, HILLCREST ADDITION, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT Moved by Councilman Goff that Ordinance No. 93-86 be passed. Motion seconded by Councilman Buffum. Councilman Allred asked if the reason for closing this alley will be n asset? Mr. Bonnett agreed that it would. City engineers have looked t it. Mr. Berzina stated that this is property we have been trying to ell . The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker 368 Item 8c (Cont. ) Nays: None Item 9a RESOLUTION NO. 171-86 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE COMMUNITY ACTION CORPOR- ATION OF WICHITA FALLS AND NORTH TEXAS AREA TO LEASE THE PROPERTY AT 602 BROAD STREET TO CAC Moved by Councilman Buffum, for discussion, that Resolution No. 171-86 be passed. Motion seconded by Councilman Kirkham. Charles Harper, Mayor, strongly recommends that they do not sandblast the building, but use a waterblast. Sand will damage the brick. He noted that the building is in very bad condition on the inside. Assistant City Manager Louise Houseworth stated that in the second renewal they want to re-do the inside of the building. Charles Harper, Mayor, asked if the building meets the city codes? Mr. Barrett stated that there may be some work needed in the kitchen, and a shed in the back. Mrs. Ozuna asked if they were res- ponsible for keeping this building order? She also mentioned 1200 Burnett, stating that both are in bad need of repair. Charles Harper, Mayor, stated that they would look at it. Councilman Buffum clarified a question concerning Paragraph 4M of the contract dealing with the interest rate. He also questioned Paragraph 10 on the last page of the contract, regarding the landlord providing them another place to go. Louise Houseworth explained that that paragraph applies if we decided we need the building ourselves. Councilman Buffum noted that this is still very obliging. Councilman Goff asked if they have the money to make these repairs in the kitchen? Mr. Barrett stated that we have the right to give notice. Mr. Berzina suggested that we remove the portion of the paragraph about finding another place for them. Moved by Councilman Buffum that the contract be amended to delete the last sentence in Paragraph 10. Motion seconded by councilman Kirkham, and carried unanimously. The motion for passage of Resolution No. 171-86 was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None Item 9b RESOLUTION NO. 172-86 RESOLUTION APPROVING THE APPRAISAL OF PARCELS #8, #10, AND #11 FOR THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilman Allred that Resolution No. 172-86 be passed. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None 369 Item 9c RESOLUTION NO. 173-86 RESOLUTION ACCEPTING CONTRACT DOCUMENTS FROM THE TEXAS DEPARTMENT OF HEALTH Moved by Councilman Goff that Resolution No. 173-86 be passed. Motion seconded by Councilman Buffum, and carried by the following ,vote. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None �I tem 9d RESOLUTION NO. 174-86 I RESOLUTION APPOINTING, JOINTLY WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT, A SHARED REPRESENTATIVE ON THE BOARD OF DIRECTORS OF THE WICHITA COUNTY APPRAISAL DISTRICT Moved by Councilman Goff that Resolution No. 174-86 be passed, appointing John Gavin, Jr. to the Board of Directors of the Wichita County Appraisal District. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham, and Walker Nays: None Item 10a Alan Martin, who operates a child day care center at 4508 Allendale Road, requested waiver of 48 feet to the animal health regulations on the number of feet required from the building for livestock. He wants to allow goats to graze in this area. He stated that he has verbal approval from a neighbor for this; however, they have declined to write a letter giving their approval . Dr. Cox stated that the animal control officers checked into this situ- ation, and they cannot qualify for the 200 feet distance from the church. He has the privilege of requesting a waiver, but he does not think the Council would be interested in acting on it unless the people closest to it would give him a letter stating that they had no objections to it. There was some question in their mind whether they should approve it. One of the members of the church talked to him about it, and the goats had damaged the shrubbery, and nothing was done about it. Mr. Berzina stated that if they are interestedin pursuing it, it should be on another agenda. Charles Harper, Mayor, noted that a letter was needed, and Mr. Murkejee suggested that the Planning and Zoning Board might need to look at it. Charles Harper, Mayor, stated that it should be brought through proper channels. Mr. Martin stated that they have nine goats. All males have been neutered. He has told Animal Control that he will not take any more. Dr. Cox noted that he has had the goats four years, and the church was built in 1981 . Councilman Buffum reminded people to vote today. Councilman Walker noted that Williams Park is blocked off, and the water is up at a very high level in the park. Mr. Bonnett explained that 370 Item 10a (Cont. ) he believes he is seeing the backwater effects of Holliday Creek. The only answer is that you deepen Holliday Creek. This has been a long-standing problem. Councilman Walker requested that he look at the problem. Councilman Kirkham referred to the problem brought to him by Mrs. Head. He noted that General Phillips and Colonel Redding are researching the problem. He is concerned that we have a problem with the Railroad and its contractor. It is their problem, and not the citizens ' . He believes the Base will take care of it, and the contractor will be required to mow that area. Councilman Kirkham also mentioned the North Side irrigation canal , and would like the City to do something about this problem. Councilman Kirkham noted that huge signs are being put up, and blockades on Saxet Street. Mr. Bonnett stated that a report will be coming to him on it. Mr. Bonnett stated that it is his understanding that there is a certain degree of liability unless barricades are erected according to the manual . City Attorney H. P. Hodge stated that several years ago they had some litigation over a traffic device. Since that experience, he has been very conscious that we need to use the provisions of that manual . Councilman Kirkham stated that the location is a problem. Charles Harper, Mayor, reminded the Council about a meeting with the Lawton City Council on Thursday, at Tinker' s Catfish Inn. Charles Harper commented on the poster on the wall pertaining to drugs, stating that this will be the logo used by the Council in the war on drugs, which will be incorporated into all advertising, etc. The whole group will meet on November 18, at 8:30 A.M. , to read a proclamation. Charles Harper, Mayor, mentioned a revenue manual for city officials. Fred Werner served as an advisory member for preparation of this manual by the Texas Municipal League. He suggested that all council members should have one of these. They cost $25.00 each. Councilman Goff noted that on the war on drugs, there are enemies and allies. If you are an enemy, you are part of the problem. If you are an ally, you need to keep up with it. There is a place for everyone in this war. Charles Harper, Mayor, put on the Hirschi High School football jersey in honor of the team' s win over Burkburnett. Councilman Walker put on his Hirschi vest. The Huskies are rated Number 3. The Coyotes are also in the top 10. Item 10b The City Council recessed into executive session at 10:30 A.M. , according to Article 6252-17, Section 2, Paragraph (g) , of the Revised Civil Statutes. The Council reconvened at 1:17 P.M. , and immediately adjourned. PASSED AND APPROVED this Mail da J/q Z. v� 986. Charles Harper, Mayor ATTEST: e Ailma J. ThorMs, CMC, City Clerk