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Min 07/07/1987 563 Wichita Falls, Texas Memorial Auditorium Buildinq July 7, 1987 Item 1 & 2 The City Council of the City of Wichita Falls , Texas, inet 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. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Ruth Ann Allred Councilmen Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Wenner Chief Accounting Officer T4ie invocation was given by Charles Harper, Mayor, by reading an inspirational poem. Item 3 Moved by Councilman Buffum that minutes of the meeting held June 16, 1987, be approved. Motion seconded by Councilman Kirkham, and carried unanimously. Items 4a-8e Items 6a and 6b were moved to the regular agenda. Moved by Councilman Thompson that the consent agenda be approved. Motion seconded by Councilman Kirkham. Item 4a Frank Canedo, a Sanitation Department employee, was honored as Employee of the Month for July. Charles Harper, 11ayor, presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Councilman Thomas commented that he gets less complaints out of that department than any other, so they are doing a great job. Councilman Kirkham agreed. Item 4b Commendations of Merit were presented by Charles Harper, Mayor, Ito Jack Suggs, Kenny Daugherty, Don Gossett, and Dave Tracey for pulling a young man from the river during the flood. !Item 5a ORDINANCE NO. 59-87 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE PORTION OF LORETTA STREET LYING NORTH OF MISSILE ROAD, WICHITA FALLS, TEXAS Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 564 Item 5b ORDINANCE NO. 60-87 ORDINANCE WAIVING SECTION 22-1(a) , PARAGRAPHS 5, 8, AND 9, AND SECTION 566 Item 6b, cont'd. fees, etc. If they start exceeding the total contract amount, they will come back to the Council for permission to exceed that amount. They have calcu- lated a contract amount of about $100,000. This is part and parcel of the utility work related to Holliday Creek. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9a Discussion was held on a proposed ordinance to allow certain types of fences in the front yards of single family and duplex residential use. A motion was made by Councilman Thompson, and seconded by Councilman Kirkham, for its passage. Councilman Hirschi was concerned that we have singled out one type of fence, and he wonders if this would stand up in court? He is not sure that the second paragraph of the ordinance is quite strong enough regarding the fence not being totally closed. He wonders if we should say that it should not restrain pets, and also define the minimum width of the opening itself. He suggested that the opening should be at least five feet wide, and not be capable of being closed (no gate) . Discussion continued on various amendments, with some of the Council not being sure that it is fitting to write an ordinance to fit one situation already in existence. Moved by Councilman Thompson that this matter be tabled for further study. Motion seconded by Councilman Buffum, and carried unanimously. Dr. Cox stated that there is some concern about allowing fences that are no higher than four feet and we talk about dogs running in the yard. They will be able to jump the fence. The Council does not want pets in the front yards. Councilman Hirschi noted that no gates will prohibit this. Charles Harper, Mayor, suggested that Mr. Hodge and Mr. McKinney look at this situation, along with a hedge. Item 9b ORDINANCE NO. 61-87 ORDINANCE AMENDING SECTION 42-4 OF THE CODE OF ORDINANCES, WHICH REGULATES AMBULANCE EQUIPMENT Moved by Councilman Hirschi that Ordinance No. 61-87 be passed. Motion seconded by Councilman Thompson. Councilman Hirschi wondered why it has taken us two years to update this. Miss Houseworth stated that the ordinance had not been updated since 1981. When it came to her attention, she believed we needed to update it to take care of the new provisions. Robert Parker stated that he helped write the new ordinance, and that he is comfortable with it. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 567 Item 10a i RESOLUTION NO. 108-87 RESOLUTION WAIVING RESOLUTION 2509, AS AMENDED, TO ALLOW SHEPPARD AIR FORCE BASE TO RETAIN ALL MONIES FROM REGISTRATION FEES AND SALES FEES ARISING FROM A VOLKSMARCH TO BE HELD IN LUCY PARK ON SEPTEMBER 19 AND 20, 1987, FROM 7:30 A.M. TO 3:00 P.M. Moved by Councilman Thomas that Resolution No. 108-87 be passed. Motion seconded by Councilman Buffum. Councilman Allred asked if Mr. Gunselman, from Sheppard Air Force Base, was present? Since he wasn' t, Glen Jamison, from the Park Department, was asked to explain to the Council how the Park Board felt about this. She stated that we have turned down a lot of people for this type of activity. We could have some people setting up business in the park. �Mr. Jamison stated that the Park Board unanimously approved it. Councilman Thomas commented that this is something they would like to share with , the people of Wichita Falls. The monies collected will ;ust take care of their expenses. Councilman Allred noted that she could not see any difference in this event than any other which they have turned down. She feels we should decide one way or another, and stick with our ordinance. If we went to Sheppard we would follow all of their policies and procedures. f Mr. Jamison stated that they did not receive an invite to co-sponsor the event. It is open to the public, but it is a Sheppard event. They will sell commerative items. Councilman Thomas referred the Council to the Park Board minutes in this agenda for their thinking on this matter. He thought it was a break even event. He agrees with Mrs. Allred' s thinking. He would not agree to waive any fees for items sold in the park. Councilmen Thompson and Buffum both agreed to waive registration fees out not the five percent on the sale of goods. Moved by Councilman Buffum that the resolution be amended by striking "and sale of goods" from the last paragraph. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: Councilman Allred The motion for passage of the resolution, as amended, was carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: Charles Harper, Mayor, and Councilman Allred Item 10b RESOLUTION 109-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT BETWEEN WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK AND LIFE LINE EMERGENCY MEDICAL SERVICES, INC. FOR AMBULANCE SERVICE Moved by Councilman Hirschi that Resolution No. 109-87 be passed. Motion seconded hy Councilman Buffum. Mr. Berzina explained that the contract was instituted in 1984, with the various cities and county involved. They are proposing a one-year contract this year instead of three years, with the subsidy decreased from $224,000 to $180,200. They originally felt it was important to maintain the ambulances in case they had to suddenly take over the operation of the ambulance service. They now know that they can get ambulances within three hours, so they are not too concerned about that now. The City is getting into the dispatching operation. It is a way to reduce 568 Item 10b, cont'd. costs, and have a window into the operation. They are pleased with the quality of service with this operator over the past three years. The other governmental units involved are also pleased with the operation. The quality of service is what they are foremost concerned with. Councilman Hirschi questioned the one-year operation. Mr. Berzina stated that they looked at a one-year operation because it is not a new service. It is more of a control measure, and feel we deserve this. Mike Harmon, President of Lifeline EMS, feels that perhaps provisions could be put in the contract giving the Council the right to review it. They had previously asked for a longer term. He trusts that they can keep the City and County satisfied, and they can live with a one-year term. Mr. Berzina noted that Lifeline will have to purchase any new vehicles. Miss Houseworth stated that half way into the contract they are required to have the new vehicle. Councilman Thomas asked if the financial statements are up to date now? Miss Houseworth stated that they have been getting them on a regular basis. They were just a little bit later than was designated. The due date has now been changed five days. Mr. Harmon stated that he did not think there would be any undue burden on the dispatchers. Lifeline will dispatch the non-emergency calls. Councilman Hirschi asked if they were now operating with substations? Mr. Harmon stated that they are not at present, but plan to in Wichita Falls. Councilman Hirschi asked about the amounts of the liability policy. Mr. Harmon stated that there are no underwriters out there who will write a one million dollar policy. With the umbrella policy, they will be covered close to one million dollars. Councilman Thomas asked about the pay of the dispatchers, and Mr. Harmon stated that it was $5.00 per hour. Councilman Thomas noted that this will reduce Mr. Harmon' s expenses. Mr. Harmon explained that the cost to use the vehicle is more like $200 for each call . Advanced life support that they are providing is not included in the contract. There is an additional charge for advanced life support equipment. Councilman Buffum confirmed with Mr. Hodge that by passing this resolution we are only legally empowering Wichita Falls; not Burkburnett or Iowa Park. Councilman Buffum asked if we would have any implied liability if there was a suit that exceeded the coverage of the contractor? Mr. Hodge stated that he feels quite comfortable about this because the contract rlakes it clear that Lifeline is an independent contractor. Under the law, we are not responsible for torts under an independent contractor. The City of Wichita Falls, Lifeline, and other entities would probably be sued for any amount over the amount of the insurance. The City would take the position that Lifeline has indemnified us. We are not responsible for a tort committed by an independent contractor. Miss Houseworth stated that she monitors the contract to make sure that Lifeline is living up to the terms and conditions of the contract. Councilman Buffum wondered if by our monitoring the contract, if we would have any responsibility. Mr. Hodge stated that he did not think so. Councilman Thomas asked if any of the other entities reimburse us for any of these expenses, and the City Manager indicated that they don't. Miss Houseworth stated that she spends about two hours a week on this. Mr. Berzina noted that we have picked up additional costs in dispatching. The County has also picked up additional costs in keeping our prisoners. This has been discussed with the County Judge. Mr. Hodge stated that the basis of liability is not necessarily who owns it if someone else has exclusive control over it. He does not think this would be liability on us. Councilman Thomas asked Chief Harrelson who would be doing the dispatching? He stated that there will be another console for fire and ambulance. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 569 Boy Scouts were recognized by Charles Harper, Mayor. Item 10c RESOLUTION NO. 110-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WICHITA COUNTY AND THE CITIES OF BURKBURNETT AND IOWA PARK FOR ALLOCATION OF THE SUBSIDY FOR CONTRACT WITH LIFE LINE EMERGENCY MEDICAL SERVICES, INC. Moved by Councilman Thompson that Resolution No. 110-87 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, j Allred, Buffum, and Kirkham Nays: None Item 10d RESOLUTION NO. 111-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMBULANCE LEASE AGREEMENT WITH LIFE LINE EMERGENCY MEDICAL SERVICES, INC. Moved by Councilman Thompson that Resolution No. 111-87 be passed. Motion seconded by Councilman Buffum. Councilman Hirschi mentioned the provision concerning returning an ambulance. He wonders if a provision about the return in good condition should be placed in the contract. The word "lessor" in Paragraph 11 on Indemnity was changed to "lessee" . Mr. Hodge explained that the lessee will have to indemnify the lessor. Councilman Thomas asked about the purchase of new radios, and change of the base station. Mr. Harmon stated that they have two radio systems, one of which is owned outright by Lifeline. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item lla RESOLUTION NO. 112-87 RESOLUTION ACCEPTING BID OF DECKER CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE JASPER STREET WATER TREATMENT PLANT RENOVATIONS Moved by Councilman Allred that Resolution No. 112-87 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 570 572 Item 13a, cont'd. taxes. He can run out a list tonight. Taxes have exceeded the fair market value in some instances. One benefit is that Harold Lerew has agreed to hire another full-time attorney, along with a clerical position, to address some of these questions. Charles Harper, Mayor, requested a report from the City Manager. Councilman Thompson would like to see us complete Holliday Creek first of all , and exercise priorities. Councilman Buffum agreed. Charles Harper, Mayor, mentioned 4,000 tickets being dismissed at Municipal Court, asking if we have a problem over there again like we had before? Mr. Hodge stated that we do not have a problem like we did before. Mr. Berzina further explained the situation. Charles Harper, Mayor, asked about the police committees? Chief Harrelson stated that they are setting up a Neighborhood Watch type program. Charles Harper, Mayor, stated that he had received a lot of complaints about how the softball complex bids are being addressed. Councilman Allred stated that it was the feeling that there should be many small bids, and that would keep the general contractors out of it. Councilman Kirkham mentioned that there were five small contracts; lighting, fencing concrete, building; and one other. Charles Harper, Mayor, noted a letter from Bob Beard, stating that Red River Ready Mix would like the Council to oppose funds being diverted from highway funds. It was agreed that he would write a letter stating their opposi- tion. Charles Harper, Mayor, requested the City Attorney to review the new state law on executive sessions. Mr. Hodge explained that he had not yet received a final copy of the law. In the open sessions meetings law, several changes were made. The principal change in the executive session is that the Chairman or Mayor has to sign a certificate at the executive session as to what was discussed on the agenda. The Mayor will need to certify that only the agenda for the executive session was discussed at the executive session. The agenda for the executive session should be posted, along with the regular agenda. A provision will allow a briefing from the staff as long as there is no discussion or action of the Council . This can cover any subject. It is now a criminal offense for anyone to divulge any action taken in the executive session. Mr. Hodge stated that he really needs to see the final bill before he knows the particulars. Councilman Kirkham was of the opinion that everything has to be listed on the agenda by the particular suit, etc. Charles Harper, Mayor, requested that the agenda be placed in the regular agenda folder. Mr. Berzina requested that the Council let them know by noon Thursday on any suits, etc. , they want to be on the agenda. Councilman Kirkham stated that briefings also have to be posted on the agenda. Charles Harper, Mayor, stated that he would like the Lake Ringgold situation discussed in open meeting, as opposed to executive session. He stated that there are about 1,500 acres that we own half of. We are in partners with Labotex, from Louisiana. They want to know if the City is interested in purchasing the other half. Councilman Thomas asked about our funds in the West Texas Utility fund, and Mr. Berzina stated that we spent all the money we had in those equities. The only thing we have would be water and sewer funds. Fred Werner stated that we get most of our revenue the last four months of the year, so it is a little early to determine what we will have. Councilman Hirschi asked if we had had an opportunity to address the Beaver Creek area? Charles Harper, Mayor, stated that he feels we need to go on with that. Mr. Bonnett stated that they are trying to get samples of that water. He feels they should have six months data. Mr. Berzina will set up a meeting with the cities involved, and check with Electra for any studies. 573 iItem 13a, cont'd. Councilman Buffum stated that we have established our position in this area, and we are going to have major budget constraints. We need to be looking at other areas. At this time, he would be against lithe acquisition of this property. City Attorney, H. P. Hodge stated that if you are going to acquire some acreage, he would prefer to get 100 percent of the acreage. We purchased almost 5,000 acres as the total owner. The additional 1 ,694 acres we bought half interest in. He always feels there is a lot to be said of getting complete control and ownership of the property. If we do not intend to do anything with it for many years, it might not be as necessary to own the whole thing. Councilman Thompson stated that they did not want to take money out of the water and sewer funds to purchase it. He feels we should come back to Lake Ringgold after capital improvements program. Charles Harper, Mayor, directed that we pass on to them that we are not interested at this time. Councilman Thomas suggested that if Mr. Courtney wanted to sell it at a good price, they might want to make an offer. Mr. Hodge stated that we lease this entire property. Councilman Kirkham noted that Mr. Holder and Mrs. Perry were present from District 5. Budget hearings were set for August 4, 5, 6, 1987. On August 4, they will begin following the council meeting. On August 5 and 6, they will begin at 8:30 A.M. Mr. Berzina noted that goals and priorities on the retreat are completed. Mobile home park operators information was presented. We will begin enforcing the ordinance on monkeys on July 10, 1987. Community development requests have been prepared for the Council . The hog farm road water line will soon be laid, which will enable them to obtain sewer service. A backflow preventer will be installed at each service, and on River Road. The Classic Cleaners account is due, and the case is closed. Mr. Berzina passed out information on the flag pole ordinance, along with a summary of where we stand on the junk yard ordinance. A letter from Bob Seabury stated that he wants to breach the dam by Monday, July 20, 1987, on the Lynwood Lake. Other memos have previously been given to the Council on costs. Charles Harper, Mayor, wondered why the rush? Mr. Berzina stated that he mentioned possible legal problems. Councilman HIrschi stated that it was frustration of the last two months. He has owned it for four years. The Council noted that it has been placed in the capital improvements plan. The City Manager will correspond with him. The capital improvements plan should be ranked for priorities. Information was distributed, and Mr. Barrett explained some of the things included in this project. He would like to have this information from the Council by Thursday noon. Councilman Hirschi asked for a traffic count map. Fred Werner mentioned a letter from a bank, and a joint checking water customer' s account. The Council seemed to be of the opinion that perhaps the $20 fee could be waived. Charles Harper, Mayor, also requested Mr. Werner to prepare a memo to the Council on recommendations for banking relations. This matter will be brought back to the Council for considera- tion. 574 Items 13b, c The City Council recessed into executive session at 11:55 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) , (f) , and (g) , of the Revised Civil Statutes. The meeting reconvened at 1:50 P.M. Moved by Councilman Thomas that the following board appointments be made. a. Mayor' s Commission on Status of Women - September 30, 1988 1. Judith Krebs (replacing Arvilla Pollard) 2. Mary Faith Amy (replacing Georigana Smith) 3. Lydia V. Torres (replacing Kaye Holland) b. Housing Authority Board - July 1 , 1989 (appointed by Mayor, confirmed by Council ) 1. Joel Jimenez (reappointed) 2. Clinton Tittsworth (reappointed) 3. Randy Holley (replacing Leon Mallonee) c. Human Relations Commission - December 31 , 1989 1. Anita M. Villalobos (replacing Roy Ramirez) d. Arts Commission - April 30, 1989 1. Elizabeth A. Yarosz (replacing Earnestine Broyles) 2. Ann Funston (replacing Ray Breault) e. Handicapped Task Force 1 . C. A. King, Jr. 7. Stan Tidwell 2. Jeanne Wakeman 8. James D. Foster 3. Kattie Edmonson 9. Sally Brown 4. Barbara Merkle 10. Brenda Terry 5. Ronald E. Beitzel 11. Yolanda Biskup 6. Jacelyn Hall 12. Dorothy Horn Motion seconded by Councilman Kirkham, and carried unanimously. The City Council adjourned at 1 :55 P.M. PASSED AND APPROVED this s� nday of L 987. Charles Harper, Mayor ATTEST: r , '4i lma J. Thom s, C IC/AAE, City Clerk