Loading...
Min 11/17/1987 i 676 Wichita Falls, Texas Memorial Auditorium Building November 17, 1987 1 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 5: 30 P.M. , with the following members present. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Ruth Ann Allred Councilmen Ron Buffum (Delayed until 6: 30) Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Winter I . Johnson, Welch Street Church of Christ. Charles Harper, Mayor, read a poem by an unknown author pertaining to "say it now" . Item 3 Changes or additions to the council meeting minutes of November 3, 1987, were made as follows. On Page 665 , paragraph 6 , the wording was changed from happening in the city to happening in the police department. On Page 673 , the full title should read Euro Nato Joint Jet Pilot Training Program, and the spelling of a name was corrected, from Colonel McCloud to Colonel McLeod. On Page 672, it was suggested that the wording be clarified pertaining to privatization of city facilities which may be operating at a loss. Moved by Councilman Thomas that the minutes of the meeting held November 3 , 1987, as corrected, be approved. Motion seconded by Councilman Hirschi, and carried unanimously. Item 4a James Chastain and Michael Sabolchick were presented Commendation of Merit awards by Charles Harper, Mayor, for outstanding actions of assistance for citizens. Mr. Chastain had administered CPR to a heart attack victim, and Mr. Sabolchick had rescued a woman from a would-be rapist. Item 4b Eddie Fuller appeared for his father, Ira Fuller, 3105 Borton Lane, regarding keeping horses on his property since 1949. Property owners do not object to this, and he requested that the Council grant a waiver to him. Dr. Cox stated that there are a number of houses within 200 feet, but they have been there for a long time. The horses are clean and well fed. Since no one has a complaint, he sees no reason that a 677 waiver should not be granted. This matter will come back later to the Council for consideration. Item 4c Councilman Thomas asked about the lights on the waterfall, and Mr. Bonnett explained that the hardware is on the way. Mr. Murphy stated that special accent lights have been ordered, and they will experiment with various locations to see where they should be permanently installed. Lamp posts will be installed at various intervals to Lucy Park. Mr. Parker stated that they are working with a flood lighting system from the side behind the falls. Councilman Hirschi noted that Senator Farabee had testified in favor of Texas being able to collect sales tax on catalogue sales. He feels we should do something to show our support for this legislation. He requested a resolution for the next council meeting. Councilman Kirkham noted that TML passed a resolution to pursue this legislation. Councilman Hirschi mentioned Midwestern State University and the Small Business Development Center on perhaps throwing some financial support behind this program in lieu of hiring an economic development coordinator. Charles Harper, Mayor, presented a petition to the City Manager from homeowners on McGregor Street to change the zoning in that area. Councilman Hirschi asked how far along we are in charter review? Mr. Berzina stated that it would soon be forthcoming. Councilman Thompson stated that lights are needed on Collard Street, since Harding has been closed. He also asked about any coordination with the school system on transportation. Mr. Berzina stated that they are meeting with the school this week. Items 5a - 9e Items 6a, 6c, and 7a were moved to the regular agenda. Moved by Councilman Thompson that the consent agenda be approved. Motion seconded by Councilman Thomas. Item 5a Ordinance No. 113-87 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 5900-000-4572. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None i 678 Item 5b Ordinance No. 114-87 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 2720-002-0000. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 6b Resolution No. 195-87 RESOLUTION TO APPROVE CONTRACT WITH THE FIRM OF CORLETT, PROBST & BOYD, INC. FOR ENGINEERING SERVICES TO RELOCATE VARIOUS WATER AND SEWER MAINS ACROSS PHASE II PORTION OF HOLLIDAY CREEK Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 8a Resolution No. 196-87 RESOLUTION APPROVING CHANGE ORDER NUMBER 1, ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE BUDGET OVERLAY PROJECT 87-7 Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 8b Resolution No. 197-87 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE TEXAS STREET CDBG PROJECT 87-6 Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 9a Minutes of the meeting of the Traffic Safety Council held october 7, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 9b Minutes of the meeting of the Kemp Public Library Board held October 7, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 9c Minutes of the meeting of the Commission on Aging held October 7, 1987, were received. 679 Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 9d Minutes of the meeting of the Task Force on Handicapped held November 3 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 9e - Minutes of the meeting of the Employee Benefit Trust Committee held October 5, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 12c Resolution No. 198-87 A RESOLUTION CALLING PUBLIC HEARINGS ON AN ANNEXATION PROCEEDING Moved by Councilman Thomas that Resolution No. 198-87 be passed. Motion seconded by Councilman Allred. Mr. McKinney explained the annexation schedule of proceedings and the re-zoning request by the applicant. He stated that the applicant will have to extend utilities to that site. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Ray Ashbrook, President and General Manager of Crestview, thanked the Council for this action, and what they are doing for our city. He stated that he is very impressed with the various city departments they have dealt with. He stated that they need water and any unsold crypts or cemetery property can be taxed. Item 6a A proposed resolution was presented waiving Resolution Number 2509, as amended, to allow Channel 6 to retain all proceeds from a benefit softball game played on November 1, 1987, at Scotland Park, for donation to a child with cancer. A motion was made by Councilman Hirschi, and seconded by Councilman Thompson, for its passage. Councilman Thomas noted that they will only receive $18 . 00 to $20. 00 back, and feels we should not waive it. Councilman Allred also agreed, stating that we are setting a precedent, and for this small amount she hates to do it. The motion failed by the following vote. 680 Ayes: None Nays: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham e Item 6c f Resolution No. 199-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE NORTH CENTRAL TEXAS MEDICAL FOUNDATION Moved by Councilman Thomas that Resolution No. 199-87 be passed. Motion seconded by Councilman Kirkham. The City Manager explained the agreement that had been worked out on this. Assistant City Manager Louise Houseworth stated that on Page 2, Section 1g of the contract, that prior six-month experience of the City of Wichita Falls should be added. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas,Thompson, Allred, and Kirkham Nays: None Item 7a Moved by Councilman Thomas that the bid for the re- broadcast system for the Council Chambers be awarded to Wholesale Electronics, in the amount of $12, 959. 12. Motion seconded by Councilman Hirschi. Mr. Jensen explained that this system would re-broadcast what they were doing. Councilman Hirschi suggested that some description of the agenda would make it more meaningful. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 10a A public hearing was held on receipt of final report from the Storm Water Retention Task Force. Mr. Bonnett explained the purpose of this task force appointed by the Council. Chuck Dennis, Chairman of the Task Force, presented three recommendations, as follows. 1 . McGrath Creek improvements from Sikes Lake to Holliday Creek should be funded. 2. Prepare an updated drainage plan with channel requirements determined and regional retention areas located, and implement the plan. 3 . Adopt the Storm Water Retention ordinance, as revised by the Task Force. Mr. Dennis explained that the Task Force looked at maintenance of property by private citizens according to city ordinance. They feel this would not be successful, and the City should maintain it. It will cost tax dollars for this, 681 as well as purchasing of land for retention, lined channels, larger easements, etc. The City will have to determine if the cost-benefit ratio makes sense. Problems will not be solved overnight. They recommended the drainage plan in order to have good data. Mr. Berzina asked if there were any conversations in maintenance about buried pipe, as opposed to exposed ditches, to reduce costs? Mr. Dennis stated that he did not think the Task Force talked about one over the other. The City will have to look at costs in terms of maintenance. They realized that there would be trade-offs. The Task Force was probably pretty well split on the cost/benefit ratio. They probably did not have enough information to look at the cost beyond Holliday Creek and McGrath Creek. (Council Buffum came in at this time. ) Councilman Kirkham stated that Plum Creek needs something right now, and we need to be planning for that. Councilman Hirschi asked if the current subdivision ordinance needed any revision, along with this ordinance? Mr. Bonnett explained, stating that the work the Task Force has done is totally compatible with this ordinance. He also mentioned a Forrest and Cotton Study many years back. He believes $300,000 to $400, 000 is a reasonable figure for a plan. Councilman Hirschi asked about Section Five pertaining to acreage. Mr. Dennis addressed this, and why the Task Force excluded these two acreages. Other questions and discussion continued, and Councilmen Allred and Kirkham thanked the Task Force for the outstanding work they had done. Charles Harper noted that they would get a letter out to each of them, and the report was received by the Council. The public hearing was closed. Item lla Ordinance No. 115-87 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 FOR DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Moved by Councilman Thomas that Ordinance No. 115-87 be passed. Motion seconded by Councilman Thompson. Charles Harper, Mayor, explained that this is a method of bringing city employees up to date in their retirement benefits. Mr. Berzina stated that it allows the consideration of the long range plan to city employees. This is the highest percentage that they plan to go. Councilman Kirkham noted that retirees are on a thirty percent plan. Mr. Berzina explained that the thirty percent has to be made each year in order to stay there. The motion was carried by the following vote. i 682 Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item llb A proposed ordinance was presented rezoning Lots 7 and 8, Block G, Floral Heights Second Addition, from single-family ` residential to limited commercial. A motion was not made on this item. Item llc Ordinance No. 116-87 ORDINANCE AMENDING ORDINANCE NO. 103-87, WHICH PROHIBITED SMOKING IN CERTAIN PUBLIC PLACES Moved by Councilman Hirschi that Ordinance No. 116-87 be passed. Motion seconded by Councilman Thompson. Ford Swanson, 609 Royal, Lakeside City, appeared as vice- President of the North Texas Restaurant Association. He stated that they have been complying with the spirit of this ordinance for many years. They feel they should be excluded from the provisions of this ordinance. Councilman Thomas asked how it would affect restaurants with more than 100 seating? Mr. Swanson stated that it would be difficult to provide the ventilation in older restaurants. Councilman Thomas did not see this being a problem because they would not have to install any new partitions. One table could be made no smoking near an air conditioning ventilation. Charles Harper, Mayor, stated that he had been told that their group was satisfied. City Attorney H. P. Hodge explained that Section 3. 4 says that areas designated under this section shall be created without structural or other physical changes or significant expenditures. Councilman Allred expressed appreciation for his coming, and his comments, stating that she does not approve of singling out restaurants. She agrees with him completely. We don' t talk about other businesses in this ordinance. Councilman Kirkham noted that we have exempted restaurants that are 1500 feet or less. We did them a favor by bringing them up to 100 persons. Councilman Hirschi feels there have been some problems with headlines in the paper that this was to ban smoking. It does not ban smoking, but it puts some controls on it. He addressed smoking in public places and smoking in hospitals. James Gill, 213 Bluff, stated that he smokes, but tries to be courteous to other people. He asked how this will affect him? He did not believe it would affect him at work. Councilman Thomas noted that if an establishment is under 1500 feet, the owner can designate it one way or another. Unless it is in the halls of a public building, or a grocery store, he probably would not find much difference. Charles Harper, Mayor, mentioned hospitals, and moving his wife out of a room where a person had smoked. Councilmen clarified the section on smoking in hospitals with the City Attorney. Councilman Hirschi suggested a change in wording in Section Five of the proposed ordinance to say that smoking is prohibited in all areas in hospitals, except by a patient in a 683 designated private patient room, or if both are smokers, the patients in a designated semi-private patient room, and except in separate enclosed designated smoking areas. Moved by Councilman Hirschi that the proposed ordinance be amended to include the suggested language. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Councilmen Hirschi, Thomas, Thompson, and Kirkham Nays: Charles Harper, Mayor, Councilmen Allred and Buffum, (Charles Harper, Mayor, left at 7 : 10 P.M. ) Marty McBride, 3001 Kemp, appeared as a representative of Pioneer Restaurants. He stated that he was concerned about a non-smoking section being at a place other than where their customers are accustomed to sitting. A big majority of their customers are smokers. Councilman Thomas noted that when this ordinance goes into effect, you will hear from the non- smokers. He believes you can move it around where it is needed. The question was called by Councilman Kirkham, and seconded by Councilman Hirschi. Mayor Pro tem Thomas asked for the vote, and it carried unanimously by all those present. The ordinance, as amended, was carried by the following vote. Ayes: Councilmen Hirschi, Thomas, Thompson, and Kirkham Nays: Councilman Allred and Buffum Mayor Pro tem Thomas recessed the meeting at 7: 25 P.M. The meeting reconvened at 8: 00 P.M. , with all members in attendance. Item 11d was pulled from the agenda. Item 12a Resolution No. 200-87 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN ANNUAL CONTRACT WITH TENNIS PROFESSIONAL AT HAMILTON PARK TENNIS CENTER Moved by Councilman buffum that Resolution No. 100-87 be passed. Motion seconded by Councilman Allred. Councilman Hirschi asked if fees are the same as last year? Mr. Murphy stated that about half of the cost is subsidized. It is in line with other municipal operations. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None i 684 Item 12b Resolution No. 201-87 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH EMD, INC. RELATING TO AN ENERGY AUDIT OF THE MEMORIAL AUDITORIUM BUILDING TO INCLUDE A STUDY OF REPLACING THE CURRENT HVAC SYSTEM Moved by Councilman Thompson that Resolution 201-87 be passed. Motion seconded by Councilman Kirkham. Mr. Barrett explained the qualifications and experience of this firm, stating they have done a variety of other projects for the city. Councilman Thompson expressed concern that we don' t change up our engineering firms, and also that we can only take proposals, and not bids. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 13a Moved by Councilman Thomas that the bid for one 1250 gallon per minute pumper for the Fire Department be awarded to Quality Manufacturing, Inc. , in the amount of $143 , 364. Motion seconded by Councilman Allred, and carried unanimously. Item 13b Moved by Councilman Thomas that the bid for two 30- passenger buses be, conditionally awarded to Chance Coach, Inc. , Wichita, Kansas, in the amount of $287,298. Motion seconded by Councilman Buffum. Mr. Parker explained that the bid award is conditional, pending UMTA and State approval. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 14a Discussion was held on approval for proposed improvements to Bridwell and East Lynwood parks. Mr. Murphy stated that he had provided them a list three or four weeks ago of the itemized improvements. It includes concrete trails, irrigation, trees, benches, shelters and an ornamental pond at Bridwell Park. East Lynwood has requested lighting on the East side of the trail in the park. They would also like an ornamental pond, if possible, as well as a pavillion added on. Mr. Murphy would like to go ahead with these improvements, and if we have money left over, then consider the pavillion. Councilman Thompson agreed, stating that we want to try to minimize the problems that already exist. Mr. Murphy noted that there is a circulatory trail around the park. Bridwell Park people also requested more 685 lighting for security. He discussed other proposed Bridwell Park improvements. Charles Harper, Mayor, requested Mr. Murphy to call someone at Lamar Baptist Church to let them know what we are doing. Mr. Murphy stated that January 31, 1988, is another deadline for submission to the Texas Parks and Wildlife. He believes we could get $142,000 matching from the State. The Council agreed on the high priority items. The City Manager stated that we would need a resolution later for the grant application. The City Manager asked about logos on water tanks. The Council agreed to one at Ninth and Beverly. Mr. Berzina also noted that they are waiting for approval of the Corps of Engineers on Al Groves ' preliminary Report on the low water dam. Mr. Berzina noted that the $10 ,000 for the Kell house project of fabrics and draperies has been given to them. The City Manager reported that the water rates being charged at 4942 South Lake Park Drive are in accordance with requirements of the ordinance. Mr. Berzina stated that another meeting with local officials will be held Thursday at 7: 00 P.M. Mr. Berzina distributed a memo on the wellness and fitness type programs presented by Personnel. Mr. Berzina mentioned the affirmative action requirements, stating that the Charter makes it quite clear that he is responsible for the employment practices of the city, and he has no intention of sharing that with any committee. We presently have monitoring devices. He cannot go along with any group, and he is not looking for any direction from them. He will listen to them, but he cannot farm this out to any committee. The Council holds him responsible for employment practices here. We have a good employment work force now. He agrees with a good affirmative action plan, but he and Councilman Thompson may disagree on how we should get there. Councilman Thompson stated that some months ago when they first began on this journey, they wrote to some cities who have affirmative action programs. Material was received from other cities, and the Personnel Director was the first to go over this material. The first person that they would show this to would be the City Manager. If no satisfaction could be achieved, then they would go to the Council. If that cannot be done in the Council, other steps would have to be taken. He further stated that there is no way Mr. Berzina can tell him that with eighty percent of the work force being the way it is construed he will be satisfied. The City Manager stated that he can accept it. Councilman Thompson stated he cannot accept it. Mr. Berzina stated that there are developments going on now that he cannot accept. The efforts to comply by the City are here. Mr. Thompson stated they would try to work where attrition occurs to give women, minorities, and handicapped an equal chance. We are not talking about quotas or throwing someone out of a job. Mr. Berzina stated that he cannot farm out the duties given to him by the Charter. He will listen to anyone ' s thoughts, but he will dig his feet in when a committee says they are going to monitor him. This has not come from the Council. Employment 686 figures are put out anytime the Council wants them. Councilman Thompson stated that the committee has not said it would monitor, but it would come to the Council. Charles Harper, Mayor, mentioned a letter from the Mayor' s Commission on the Status of Women. Susanne Schlabs called him about a siminar they are going to in January. They are asking the City to bear any part of the $531. 05 expenses for five of them to go to a political seminar in Austin sponsored by the democratic party. It will be two hotel rooms, registration, and mileage. They have also asked for $125 for a speaker in January. Councilman Buffum stated that he could not support his since it is partisan. Councilman Kirkham was also opposed because all commission could have seminars and meetings, etc. that they could attend. He does not remember us doing this previously. Charles Harper, Mayor, thought it had been done on one occasion. Councilmen Thomas and Allred did not believe we should set a precedent on travel and expenses for speakers and programs. Charles Harper, Mayor, requested that we have something in the next agenda on this. Councilman Hirschi feels the speaker fee would be more appropriate than travel. Mr. Berzina passed out information on the city' s sidewalk policy. Also, the engineering on the bridge across the river at the expressway has been given by the State. A study is needed before the State carries it further, at a cost of $2 , 500 to $3 ,000. The current construction cost estimate of the bridge would be $250,000. Councilman Allred mentioned night council meetings, and asked if we should decide to reconsider the night meeting issue? Mr. Jensen stated that they are hoping the broadcast equipment will be here in a couple of weeks, but he does not know. Councilman Hirschi noted that the Plum Creek irrigation canal is something they have been talking about since early summer. It is still not mowed. It is part of Water District No. 2 . They claim that their part is clean. They have no concern or interest in keeping it clean, or even half-way clean. Mr. McKinney stated that they mowed it twice, but there are some areas where they cannot get their equipment down to it. Councilman Hirschi asked that we determine if the City has the type of equipment needed to mow this property. Councilman Buffum asked if this should be addressed in the next budget? Mr. Barrett stated that there are probably a lot more issues to be addressed than the budget. Councilman Allred mentioned the drainage ditch between Sierra Madre and Cypress. Mr. Berzina stated that this is the year we re-negotiate our contract with Water District No. 2. The City is not getting the same benefit out of it that we did. There may be some way to take the contract down, and use more of the money for maintenance. Councilman Thomas noted that we need fresh water in Lake Wichita. 687 The City Council adjourned into executive session at 9: 20 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) , of the Revised Civil Statutes. PASSED AND APPROVED i the d of 1987. V144i - arles Harper, Ma r ATTEST: Wilma J. Thomas, CMC/AAE City Clerk