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Min 08/05/1980 124 Wichita Falls , Texas Memorial Auditorium Building August 5, 1980 Items 1 & 2 The Board of Aldermen 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. Kenneth Hill Mayor Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith James B. Thomas Horace 0. Boston Robert D. Haley Acting City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by E. B. Compton, Christ United Presbyterian Church. Item 3 Moved by Alderman Thomas that minutes of the meeting held July 29, 1980, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 8g Item 6b was moved to the regular agenda. Moved by Alderman Thomas that the remaining items on the consent agenda be approved. Motion seconded by Alderman Boston. Item 4a Proposed appropriation ordinances were presented from the West Texas Electric Fund for payment for consulting services on the City's water system, in the amount of $16,500.00. ORDINANCE NO. 3704 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None / ORDINANCE NO. 3705 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None 125 Item 5a ° ORDINANCE NO. 3706 AN ORDINANCE AMENDING SUBPARAGRAPH (b) OF SECTION 29-45 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, DESIGNATING ONE- WAY STREETS AND ALLEYS, WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None -/Item 5b ✓ORDINANCE NO. 3707 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None d Item 6a VRESOLUTION NO. 2597 RESOLUTION APPROVING CONTRACT WITH METROFLIGHT, INC. , CONCERNING SECURITY HOLDING ROOM AND AIRPORT SECURITY LAW ENFORCEMENT OFFICERS AT WICHITA FALLS MUNICIPAL AIRPORT. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Metroflight, Inc. , concerning the Security Holding Room and furnishing of airport security law enforcement officers at Municipal Airport is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 7a Authority was granted to advertise for bids for police station repair under the 1980 capital improvements bond program. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None ✓Item 8 Minutes of the meetings of the following boards and commissions were received. a. Traffic Commission - July 8, 1980 b. Design Review Commission - July 17, 1980 c. Planning Board - July 9, 1980 d. Park Board - July 22, 1980 e. Electrical Examiners - July 10, 1980 f. Housing Finance Corporation - July 24, 1980 g. Mayor's Commission on Status of Women - July 10, 1980 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None f 126 Item 9a A proposed ordinance was presented waiving side yard requirements for Lot 22, Block 2, Midwestern Park Subdivision, Unit 2. � ORDINANCE NO. 3708 AN ORDINANCE WAIVING THE MINIMUM SIDE YARD REQUIREMENT OF THE COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118 FOR LOT 22, BLOCK 2, MIDWESTERN PARK SUBDIVISION, UNIT TWO. Moved by Alderman Traywick that Ordinance No. 3708 be passed. Motion seconded by Alderman Smith. Roger McKinney, Director of Planning, stated that this proposal was submitted to the City in May 1979 as a zero lot line concept before zero lot line implementation. The plat was not reviewed as closely as it should have been, and the Planning Board approved it, subject to the builder (A. E. Saikowski ) getting approval from the Board of Aldermen of the concept, even though Mr. Saikowski failed to submit a copy of deed restrictions, a site plan, and no restrictive covenants. After the plat had been approved, which met the provisions of the ordinance at that time, Mr. Saikowski requested a permit from the Inspection Department, and it was issued. The Inspection Department failed to check to see whether the zero lot line concept had been approved by the Council , which it had not been at that time. (The permit was issued on March 3, 1980. The zero lot line concept was not approved until July 1 , 1980. ) Since the zero lot line ordinance has been recently passed, the remainder of the subdivision will meet the requirements, except that lot. Mr. Saikowski changed the floor plan of the building without getting an amended building permit. There is only three feet three inches between the east wall of this house and the house next to it. Alderman Hampton asked how and when this was discovered? Ernest Lillard stated that it was discovered during the framing of the house. Roger McKinney stated that Mr. Saikowski was notified that it did not meet requirements, and he elected to continue building in violation of the ordinance. The house is now complete. Aldermen Traywick and Hampton noted several_ mistakes in the process, the first of which was when the Planning Board first acted upon it. It was acted on by the Planning Board as a conventional plat, and he asked the Building Inspection Department for a zero lot line permit. Ernest Lillard stated they will no longer issue any building permits except for conventional structures. If it is anything different from that, they will not issue a building permit unless it has been properly signed off by the Director of Planning. The motion on the ordinance carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None �. Item 9b A proposed ordinance was presented changing the name of South Freeway to Henry S. Grace Freeway. ORDINANCE NO. 3709 AN ORDINANCE CHANGING THE NAME OF SOUTH FREEWAY WITHIN THE CITY OF WICHITA FALLS AND REPEALING ALL ORDINANCES OR PORTIONS THEREOF IN CONFLICT HEREWITH. Moved by Alderman Hampton that Ordinance No. 3709 be passed. Motion seconded by Alderman Russell . William L. Donnell appeared as Chairman of the Highway Action Group of the Board of Commerce and Industry. He requested that a portion of one of our expressways 127 Item 9b, cont'd. be named Henry S. Grace Freeway in honor of Mr. Grace's efforts in our highway system for so many years. The motion carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 9c A proposed ordinance was presented waiving a section of the Code of Ordinances to permit possession and consumption of alcoholic beverages at Scotland Park for a softball tournament to benefit muscular dystrophy. ORDINANCE NO. 3710 ORDINANCE WAIVING SECTION 22-1 OF THE CODE OF ORDINANCES AND ORDINANCE NO. 3363 TO ALLOW SALE, POSSESSION AND CONSUMPTION OF BEER IN SCOTLAND PARK AT SOFTBALL TOURNAMENT ON AUGUST 22-24, 1980. Moved by Alderman Thomas that Ordinance No. 3710 be passed. Motion seconded by Alderman Hampton. Mayor Hill commented that he did not understand why everytime someone wants to do something nice for someone that they always want to sell alcoholic beverages. He feels Scotland Park is a family park. Alderman Thomas stated that he would rather have the ordinance and give the waivers, rather than not have the ordinance. Alderman Smith stated that we are not having the complaints on indiscriminate use of alcohol which we had in the past, and he believes the ordinance has been effective. Melvin Evans appeared representing the muscular dystrophy association. He asked the Council to reconsider his request for the Park Department to co-sponsor this tournament for muscular dystrophy. He is talking about fees on drinks and tickets. The Park Department would also need to water down the fields. They would do most of the work. The motion carried by the following vote. Ayes : Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays: Mayor Hill and Alderman Traywick. Alderman Traywick stated that he would be willing to consider Mr. Evans ' request on waiver of fees. Alderman Thomas stated that we need the fees. They would be inundated by requests of this nature if they waived fees. Item 9d A proposed fair housing ordinance was presented. It is designed to satisfy HUD's requirement for a tool to enforce equal housing rights to all persons in conjunction with our Community Development Block Grant application. ORDINANCE NO. 3711 FAIR HOUSING ORDINANCE Moved by Alderman Smith that Ordinance No. 3711 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None i 128 Item 1Oa RESOLUTION N0. 2598 RESOLUTION WAIVING GOLF FEES FOR WICHITA FALLS INDEPENDENT SCHOOL DISTRICT HIGH SCHOOLS GOLF TEAMS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The fees established for Weeks Park Golf Course by Resolution No. 2212 are hereby waived for members of the Wichita Falls Independent School District high schools golf teams on weekdays during the school year. Each such team shall be accompanied by its golf coach, and shall tee off between 2:15 o'clock p.m. and 3:00 o'clock p.m. Play by such golf teams under this arrangement shall be subject to such further guidelines as may be agreed to by the City's Director of Parks and Recreation and the School District's Athletic Director. Moved by Alderman Traywick that Resolution No. 2598 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item lla RESOLUTION NO. 2599 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF CONCRETE FLAT WORK IN VARIOUS CITY PARKS . WHEREAS, the City of Wichita Falls has advertised for bids for the construction of concrete flat work in various City parks; and, WHEREAS, six bids were received, and the bid of M & F Litteken Company in the amount of $16,260.40, including the base bid and alternate, is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of M & F Litteken Company is hereby accepted, and the City Manager is authorized to execute a contract with M & F Litteken Company for the construction of such improvements. Moved by Aldermen Thomas that Resolution No. 2599 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 12a RESOLUTION NO. 2600 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTING CONSTRUCTION OF TWO CONCRETE TENNIS COURTS AT BFLAIR PARK. WHEREAS, the City of Wichita Falls entered into a contract dated June 23, 1980, with Frank McGrath, d/b/a McGrath Concrete, as contractor, for the construction of two concrete tennis courts at Belair Park; and, WHEREAS, the construction of such improvements has been completed in accordance with the plans and specifications; and, 129 Item 12a, cont'd. WHEREAS, the contract amount for the construction of such improvements was $26,591 .40; the contractor was authorized to construct said improvements at a different site, which caused the expenditure of an additional $1 ,046.25, making the total contract amount $27,637.65, of which $23,932.26 has been paid, leaving a balance due the contractor of $3,705.39. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such improvements is accepted by the City, and the City Manager is authorized to pay to the contractor the balance due as set out above. Moved by Alderman Thomas that Resolution No. 2600 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 13a A letter was presented from Norma Crane, Chairman of the Parks Board, outlining a study of park lands in Wichita Falls, and asking the Council 's support of this project. Moved by Alderman Thomas that we indicate our approval of the project. Motion seconded by Alderman Russell , and carried unanimously. Item 13b RESOLUTION NO. 2601 RESOLUTION AMENDING RESOLUTION NO. 2592 NAMING ALTERNATE PRESIDING JUDGE AT CITY BOX NO. 4. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, Resolution No. 2592 naming voting places and officials for August 9, 1980, passed and approved by the Board of Aldermen on July 29, 1980, is hereby amended by changing the name of the Alternate Presiding Judge for City Box No. 4 from Mrs. Margaret Gose to Mrs. Lucile Gentry. Moved by Alderman Thomas that Resolution No. 2601 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Alderman Smith noted the number of grass fires in the County. He suggested that we reconsider our position on helping to fight these fires. He feels we can be helpful to each other, and it is time we allow the firemen to go out into the county to help fight these fires, by some type of mutual aid agreement. If we cannot do it on a permanent basis then let's do it on a temporary basis until such time as the danger has passed for grass fires. City Attorney H. P. Hodge strongly discouraged the Council from ordering them to go outside the city limits without a mutual aid agreement because they could be liable. Mayor Hill stated that the City offered to go out into the County before, and the County is the one who broke the agreement. Alderman Smith stated that the situation has changed in the past two years when the County did not have any equipment to fight fires. Alderman Thomas suggested that we make an offer to help. The Council requested that the staff work on a mutual aid agreement. 130 Alderman Thomas stated that it is our best evaluation that the recommended landfill site is head and shoulders above any other site that might be considered for a landfill , and he urged all to vote for the project. Alderman Hampton noted that the present landfill is closer to 8th and Scott than the new site selected. Mayor Hill also urged everyone to vote for the landfill site. The Board of Aldermen recessed at 9:40 for an executive session to discuss personnel . They reconvened at 10:05. Item 6b RESOLUTION NO. 2602 RESOLUTION APPOINTING A DIRECTOR OF THE WICHITA FALLS HOUSING FINANCE CORPORATION TO FILL THE UNEXPIRED TERM OF GERALD G. FOX. WHEREAS, Gerald G. Fox was heretofore appointed a Director of the Wichita Falls Housing Finance Corporation for a term expiring December 26, 1983; and, WHEREAS, Gerald G. Fox resigned as City Manager for the City of Wichita Falls, effective August 1 , 1980, and the Articles of Incorporation of such corporation provided that the term of any director who is a public official of the City shall not exceed the period for which such director shall be a public official of the City; therefore, Mr. Fox's position on the Board of Directors has become vacant. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: James B. Thomas, who resides within the City of Wichita Falls, is hereby appointed a director of the Wichita Falls Housing Finance Corporation, to fill the unexpired term for which Mr. Fox had been appointed, such term expiring December 26, 1983. Moved by Alderman Hampton that Resolution No. 2602 be passed, appointing James B. Thomas to the Wichita Falls Housing Finance Corporation. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Jack Griffin, Acting Director of Traffic, distributed the airport study to the Council . He noted that the Aviation Advisory Board would consider the study at their meeting on August 20. The Board of Aldermen recessed at 10:30 A.M. until 2:00 P.M. , after which they would go into executive session. The meeting was reconvened at 2:00 P.M. RESOLUTION NO. 2603 RESOLUTION AMENDING RESOLUTION NO. 2592 NAMING PRESIDING JUDGE AND ALTERNATE PRESIDING JUDGE AT CITY BOX NO. 6. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 2592 naming voting places and officials for August 9, 1980, passed and approved by the Board of Aldermen on July 29, 1980, is hereby amended by changing the name of the Presiding Judge and Alternate Presiding Judge for City Box No. 6 from Mrs . A. D. January and Mrs. Al Flack, Jr. to Mrs. Al Flack, Jr. and Nelle B. Kirkland, respectively. Moved by Alderman Thomas that Resolution No. 2603 be passed. 131 Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None (Aldermen Traywick and Russell were not present. ) The Board of Aldermen went into executive session to consider personnel matters. The meeting adjourned at 2:05 P.M. PASSED AND APPROVED this /��kday of � ,��— 1980. s MAYOR ATTEST: CI Y CLERK r This agreement made and entered into August 5, 1980 , by and between the City of Wichita Falls, hereinafter called "City" , and Metroflight, Inc. , a Texas corporation, herein- after called "Airline" , WITNESSETH: WHEREAS, heretofore City and Airline entered into an agreement and lease dated October 1, 1978 , wherein City leased to Airline certain space at Wichita Falls Municipal Airport, including the right to use, in common with other scheduled air lines which are required by the Federal Aviation Administration to furnish security screening of its passengersf of space designated as "Security Holding Room" . Rental for such Security Holding Room was $4 . 17 per square foot per annum, which rental was apportioned among all air lines using such room so that each pays the proportion which the number of its passengers enplaning during each month bears to the total number of enplaning passengers on all air lines using the Security Holding Room during such month; and, WHEREAS, heretofore City and Airline entered into an airport security agreement dated September 25, 1979, wherein City agreed to furnish law enforcement officers necessary to comply with Part 107 . 4 of the Federal Aviation Regulations, and Airline agreed to pay City its porportionate part of the $2 , 366 per month cost of furnishing such officers, based on the percentage which Airline' s enplaned passengers for the month bear to the total enplaned passengers during the month of all air lines whose passengers are screened; and, WHEREAS, for several months Airline has been the only air line whose passengers are screened at the airport; however, as of August 3 , 1980, Airline has discontinued its direct flight to Oklahoma City, and it is no longer necessary for cu Airline ' s passengers to be screened. NOW, THEREFORE, for and in consideration of the premises and of the mutual covenants herein contained, the parties agree as follows : 1. As the Security Holding Room will no longer be used for that purpose, and will be used as a part of the Passenger Terminal Building waiting room, it is understood and agreed that the rental of $4 . 17 per square foot per annum for the Security Holding Room provided for in Paragraph (B) of Article III of the agreement and lease dated October 1 , 1978 , is hereby deleted, and Airline shall have no further obligation to pay any part of such Security Holding Room rental. 2. The airport security agreement dated September 25 , 1979 , is hereby terminated. 3. This agreement shall be effective as of August 3 , 1980 IN WITNESS WHEREOF, City and Airline have caused this agreement to be executed by their duly authorized officers as of the day and year first set out above. CITY OF WICHITA FALLS BY: City Manager Metroflight, Inc. BY: Vice President General Manaje- -2-