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Min 04/06/1982 297 Wichita Falls, Texas Memorial Auditorium Building April 6, 1982 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 Gene Shearman John W. Hampton Carol G. Russell Aldermen Curtis W. Smith James B. Thomas Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer - - - - - - - - - - The invocation was given by David Jeske, St. Paul 's Lutheran Church. - - - - - - - - - - Item 3 Moved by Alderman Thomas that minutes of the meetings held March 16 and 23, 1982, be approved. Motion seconded by Alderman Hampton, and carried unanimously. Moved by Alderman Thomas that the portion of the motion in Item 12d of the minutes of March 16 be rescinded, which re-appointed Dr. Jennie Louise Hindman, Mrs. Pat Jones, and Jerry Estes to the Arts Commission. The terms of those three do not expire until April 1983. Motion seconded by Alderman Smith , and carried unanimously. - - - - - - - - - - Items 4 & 5 Returns of the municipal and bingo elections held April 3 were canvassed by Mayor Hill , City Attorney H. P. Hodge, Jr. , and City Clerk Wilma Thomas. RESOLUTION NO. 60-82 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, ON APRIL 3, 1982. WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls, Texas , held in the Memorial Auditorium on the 6th day of April , 1982, at which time a quorum was present, came on to be considered the returns of the municipal election held on the 3rd day of April , 1982. WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects, and that 10,049 voters voted in said election; and that votes were cast of follows : FOR MAYOR: Kenneth Hill received 2,182 votes. Gary D. Cook received 7,824 votes. Write-in votes 2. FOR ALDERMAN, PLACE 4 : Larry C. Freeman received 2,949 votes. Craig A. Wilson received 6,797 votes. Write-in votes 4. 298 Items 4 & 5, cont'd. FOR ALDERMAN, PLACE 5: Howard M. Morris received 5,157 votes. Tommy C. Robinson received 1,440 votes. James B. Cason received 579 votes. Arthur F. Beyer received 2,734 votes. Write-in votes 1. FOR ALDERMAN, PLACE 6: David E. Brock received 3,104 votes. Bob Cameron received 896 votes. Horace 0. Boston received 4,135 votes. Al Ridinger received 1,650 votes. Write-in votes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said election was in all respects legally held in accordance with the laws of the State of Texas and the charter and ordinances of the City of Wichita Falls; -that Gary D. Cook was duly and legally elected Mayor; Craig A. Wilson was duly and legally elected Alderman, Place 4; Howard M. Morris was duly and legally elected Alderman, Place 5; Horace 0. Boston was duly and legally elected Alderman, Place 6. Moved by Alderman Russell that Resolution No. 60-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Mayor Hill presented Curtis Smith and Jim Thomas with a plaque in appreciation for their years of service on the Board of Aldermen. Mayor Hill stated that he had enjoyed serving on the Council with these people very much, stating that they have given unselfishly of their time, and he appreciates it very much. Mayor Hill offered congratulations to these young men coming into office. They ran a good, clean campaign, and they won. They earned what they have. He stated that he would like all of them to know that there will be no sour grapes on his part, and no malice, and he will be glad to help them anytime. He stated that he had enjoyed working with the City Manager, the City Attorney, the City Clerk, and the Finance Director. Mayor Pro tem Hampton presented name plates to the outgoing members of the Council , expressing his appreciation to them. Item 6 Gary Cook, Craig Wilson, Howard Morris, and Dr. Horace Boston were administered the Oath of Office by City Clerk Wilma Thomas. Mayor Gary Cook presented a plaque to outgoing Mayor Hill for his many years of dedicated service to the City of Wichita Falls. - - - - - - - - - - Item 7 RESOLUTION NO. 61-82 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, ON APRIL 3, 1982 ON THE QUESTION OF LEGALIZING BINGO. 299 Item 7, cont'd. WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls, Texas, held in the Memorial Auditorium on the 6th day of April , 1982, at which time a quorum was present, came on to be considered the returns of the municipal election held on the 3rd day of April , 1982 on the question of legalizing bingo. WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects, and that 10,049 voters voted in said election; and that votes were cast as follows : LEGALIZING BINGO GAMES FOR CHARITABLE PURPOSES AS AUTHORIZED BY THE BINGO ENABLING ACT IN THE CITY OF WICHITA FALLS, TEXAS: FOR 7,000 votes. AGAINST 2,889 votes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said election was in all respects legally held in accordance with the laws of the State of Texas and the charter and ordinances of the City of Wichita Falls ; the proposition legalizing bingo games for charitable purposes as authorized by the Bingo Enabling Act in the City of Wichita Falls, Texas was duly and legally approved. Moved by Alderman Wilson that Resolution No. 61-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Mayor Cook stated that the City of Wichita Falls has already sent assistance to Paris, Texas, after the tornado there. Mark Wilson, Raymond Van Loh, and Chuck Hurt advised Paris officials of information and actions taken here after the tornado in 1979. He further stated that Paris is in need of financial assistance. The local Red Cross Chapter will act as an agency for collecting funds for the victims of the tornado in Paris. Mayor Cook also encouraged participation by the citizens in the meetings of the Council . - - - - - - - - - - Items 8a - 12f Items 9a, 9c, 9g, and 9j were moved to the regular agenda. Moved by Alderman Russell that the remaining items on the consent agenda be approved. Motion seconded by Alderman Hampton. Item 8a ORDINANCE NO. 38-82 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE TEN (10) FOOT WIDE SEWER EASEMENT IN LOT 30, BLOCK 2, TANGLEWOOD HOLLOW - SECTION F-2, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 8b ORDINANCE NO. 39-82 ORDINANCE AMENDING ORDINANCES NO. 3816, 3817, AND 3818 CHANGING THE TIME WHEN INTEREST WILL BEGIN TO RUN ON PAVING ASSESSMENT PAYMENTS. 300 Item 8b, cont'd. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None Item 9b The bid for an annual supply of ferrous sulphate for water treatment was awarded to Chemical Supply Company, Wichita Falls, in the amount of $165.70/ton bulk, and $234.97/ton sacked, totaling $82,850.00 and $18,797.60, respectively. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None Item 9d RESOLUTION NO. 62-82 RESOLUTION ACCEPTING BID AND AWARD CONTRA CT FOR CONSTRUCTION OF PICNIC SHELTER AT JALONIC PARK TO C.D. GRAHAM CONSTRUCTION COMPANY, INC. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of a picnic shelter at Jalonic Park; and, WHEREAS, only one bid was received, that being the bid of C.D. Graham Construction Company, Inc. in the amount of $4,000.00, and it is found that such bid is a fair and reasonable bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of C.D. Graham Construction Company, Inc. in the amount of $4,000.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with C.D. Graham Construction Company, Inc. for the construction of such project. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None Item 9e A proposed resolution was presented awarding the bid for construction of the tennis pro shop at Hamilton Park. Alderman Russell asked what the exterior material is? Charles Harper, Architect, stated that it is rough sawn wood and masonry. She asked where the building will be placed, and it was explained that it will be located on the west side of the existing building. The existing structure will be maintained for other use. Alderman Shearman a'sked if this is being built in the flood plain? Bill Hursh, Parks Director, stated that it is close, but it is being elevated 18 inches , which will place it outside the flood plain. RESOLUTION NO. 63-82 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF TENNIS PRO SHOP AT HAMILTON PARK TENNIS CENTER TO WALLACE & RAUB CONSTRUCTION COMPANY, INC. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of a tennis pro shop at Hamilton Park Tennis Center; and, WHEREAS, six bids were received, and it is found that Wallace & Raub Construction Company, Inc. , who bid a base bid of $99,175.00 and Alternate No. 2 of $2,500.00 for a total of $101,675.00, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS', THAT: 301 Item 9e, cont'd. Said bid of Wallace & Raub Construction Company, Inc. in the amount of $101,675.00, being the base bid of $99,175.00 and the Alternate No. 2 of $2,500-00, is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Wallace & Raub Construction Comapny, Inc. for the construction of such improvements. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 9f RESOLUTION NO. 64-82 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO MEYERS BROS. INC. FOR REMODELING OF POLICE BUILDING. WHEREAS, the city of Wichita Falls has advertised for bids for the remodeling of the Police Building; and, WHEREAS, five bids were received, and it is found that Meyers Bros. Inc. , who bid $36,186.00, including their base bid and bids on Alternates No. 2 and No. 3, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Meyers Bros. Inc. in the total amount of $36,186.00, including Alternates No. 2 and No. 3, is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Meyers Bros. Inc. for the remodeling of the Police Building. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 9h RESOLUTION NO. 65-82 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR INSTALLATION OF IRRIGATION SYSTEMS AT BELLEVUE AND SPUDDER PARKS TO WICHITA VALLEY GREENHOUSES, INC. , DBA HOLT LANDSCAPE NURSERY. WHEREAS, the city of Wichita Falls has advertised for bids for the installation of irrigation systems at Bellevue and Spudder Parks; and, WHEREAS, three bids were received, and it is found that Wichita Valley Greenhouses, Inc. , dba Holt Landscape Nursery, who bid $49,906.90, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Wichita Valley Greenhouses, Inc. in the amount of $49,906.90 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Wichita Valley Greenhouses , Inc. for the installation of such irrigation systems. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 9i The low bid for an annual supply of silicate of soda for water treatment was awarded to Chemical supply Company, Wichita Falls, in the amount of $25,128.00. 302 Item 9i , cont'd. Ayes : mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 9k RESOLUTION NO. 66-82 RESOLUTION AWARDING CONTRACT TO BROWN-MCKEE, INC. FOR RENOVATION OF JASPER STREET WATER TREATMENT PLANT. WHEREAS, seven bids- were received for renovation and repairs to the Jasper Street Water Treatment Plant; and, WHEREAS, the bid of Brown-McKee, Inc. of Lubbock, Texas is the lowest Aw responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Brown-McKee, Inc. in the amount of $394,230.50 is hereby accepted and the City Manager is authorized to execute acontract for the City of Wichita Falls for the -renovation of Jasper Street Water Treatment Plant. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 10a RESOLUTION NO. 67-82 RESOLUTION ACCEPTING INSTALLATION OF TWO AUTOMATIC ELECTRICALLY OPERATED SECURITY GATES AT WICHITA FALLS MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls and Wichita Ace Fence Co. Inc. entered into a contract dated January 6, 1982 for furnishing and installing two (2) electrically operated gates and fifty-four (54) feet of fence for the contract amount of $9,890.00; and, WHEREAS, such installation has been completed in accordance with the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The installation of such gates and fence is hereby accepted by the City of Wichita Falls and the City Manager is authorized to pay to the contractor the contract amount as set out above. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 11a Authority was granted to advertise for bids for blood cell counting equipment for the Health Department. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 12 Minutes of the meetings of the following boards and commissions were received. a. Human Relations Commission - February 23, 1982 and May 20, 1981. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None 303 item 12, cont'd. b. Traffic Commission - March 9, 1982 Ayes: Mayor Cookq Aldermen Shearman5 Hampton, Russell , Wilson, Morris and Boston Nays: None c. Board of Electrical Examiners - March 11, 1982 Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilsong Morris and Boston Nays: None d. Planning Board - March 11, 1982 Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None e. Traffic Safety Council - March 3, 1982 ilson, Morris and Ayes: Mayor Cook5 Aldermen Shearman, Hampton, Russell , W Boston Nays: None f. Design Review Commission - March 189 1982 Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 9a supply of sodium hexametaphosphate for Bids were considered for an annual the water purification plant. Alderman Wilson noted that there seems to be a difference of less than kind one-half of one percent in the bids. He inquired if we would have anylic of advantage in savings in the local firm? Joe Smith, Director of Pub Utilities, stated that they could find no difference because the material comes from the same supplier. They order when necessary. Alderman Shearman asked about purity? Joe Smith stated that it was 67 percent on hexametaphosphate. He did not know the others, but he could find out. city Attorney H. P. Hodge, Jr. exPlai ned that they have to go with the lowest responsible bidder meeting specifications. Sometimes a local bidder might be more advantageous. on that the low bid be awarded to Van Waters and Moved by Alderman Hampt t of $55,195.00. Rogers, Dallas , in the amoun rman Boston, and carried unanimously. Motion seconded by Alde item 9C Bids were considered for emergency warning sirens. d in the budget Alderman Shearman asked how many sirens were requeste ere asked process? Risk Management Administrator Mark Wilson stated that 10 w r these sirens to be placed for the most advantageous coverage. for. He asked fo asked if Wichita Falls has a good siren system now? Mr. Alderman Shearman ves we have the best emergency warning system in Wilson stated that he belie the nation, but it can be improved on with more sirens. 304 Item 9c, cont'd. Moved by Alderman Shearman that the bid for six Sirens be awarded to Fire Appliance Company, Wichita Falls, in the amount of $50,000. Motion seconded by Alderman Russell , and carried unanimously. Item 9g Bids were considered for a microfilm system for the Police Department. Be 1 and Howell , Dallas, Submitted the only bid in the amount of $17,639.25. Philip Dove, with Bell and Howell Company, stated that this equipment iS compatible with the equipment the city alreadY has. Mayor cook asked about the cost Of operating this equipment? Mr. Dove stated that it is slightly higher, but current technology has allowed them to speed it up, and produce more quality. Alderman Morris asked if there are other people who have equipment which is competitive to ours? Police Chief Harrelson stated that Eastman Kodak called, but they were unable to get the bid in on time. Mr. Dove stated that there are others also. Moved by Alderman Wilson that this item be tabled. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Wilson and Morris Nays : Aldermen Russell , Hampton and Boston Alderman Hampton asked Mayor Cook to explain why he wanted to table it. Mayor Cook stated that he would like to give the new members of the Council more time to review the equipment. The vote on the motion to table was called for again, and it carried unanimously. Item 9j Bids were considered for an annual supply of quicklime for water purification. Shearman asked if we could check it again when it comes in, and Mr. Smith stated that we could. i Alderman Shearman asked about the purity of this chemical , and Joe Smith stated t was 90 percent pure. Alderman Mayor Cook stated that it was recommended that the bid be awarded to Texas Lime Company, Cleburne, in the amount of $207,559.56. The vote on award of the bid was carried unanimously. Item 14a J. E. Callaway, an employee in the Transportation Department, was honored as Employee of the Month for April . Mayor Cook presented him with a plaque, and two tickets each to a theatre and dinner. Item 13a The Public hearing was opened on hazardous structures. No one desired to be heard, and the public hearing was closed. ORDINANCE 40-82 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING ANDIOR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. 305 Item 13a, cont'd. Moved by Alderman Hampton that Ordinance No. 40-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None — — — — — — — — — — Item 13b Moved by Alderman Hampton that we recess as the Council . Motion seconded by Alderman Boston, and carried unanimously. They then reconvened as the Committee of the Whole, and opened the public hearing on the police salary step initiative petition. City Attorney H. P. Hodge, Jr. stated that there are certain restrictions by Charter which are designed to maintain the integrity of the city manager form of government. There are restrictions of the City Council qiving orders or other contact with city employees. There are also the first and fourteenth amendment rights, and the law as he understands it is that when a matter of public interest is on the agenda, and the floor is open for the citizens to discuss this matter, a public employee is given the right to do so. He believes Sergeant Barham's remarks would be in order. Glenn Barham, 4507 Misty Valley, spoke on behalf of the Wichita Falls police officers. He stated that in 1973 they were given a salary increase of $700 per month base pay, with steps to be raised accordingly. All pay steps were removed. By 1978 two of the steps had been placed back in the salary, at two and five years. At that time it was $950 per month. A base pay salary was asked for $1250. All pay steps were abolished, and all officers were paid the same, regardless of their tenure with the City of Wichita Falls. The proposal before the Council now is what they are asking. He stated that starting pay is not the issue. There are many small cities who have higher salaries than Wichita Falls. Many have additional steps for patrolmen. These were not taken into consideration in Table 12 of the report prepared by Administrative Services. They realize there are both advantages and disadvantages in the pay plan they have proposed. There are alternate plans based on certified pay. There are straight across the board salary plans which they would like to discuss with them at a later date if possible. Alderman Boston asked if they plan to provide the Council with some alternates? He stated that they would, but the material today only contains two proposals, They have others. Alderman Shearman asked if it costs $21 ,000 to train an officer? If so, it would cost $272,000 to retrain for those positions which were vacated. Sergeant Barham stated there was a resolution in 1973 taking away the steps. Alderman Hampton asked the City Clerk to look for this. William W. Horton, 4702 Priscilla, presented a case to Mayor Cook which Mr. Hodge had quoted verbatim. He stated that he is speaking to the Council as a past member of the police department. He also stated that starting pay is not the problem. He stated that it is not reasonable to pay the new employee the same, or $24.00 less than an officer with 6 years experictice. He 'stated if there is an alternate plan which could be consAdered, he would be in agreement with it. He did not agree with Paraoraph. 11. He stated that we want to retain the officers we have in the city. He'stated that they have tried .to� coopQrate with the Council s 'Ile sugge'sted that if they will just listen, they will or City Manager in the pa t. find that there are a lot of thi-ngs on the other side. Police Chief Harrelson spoke at the request of the Mayor, stating that the step situation has been a problem, and he believes that Mr. Bach agrees that there is something wrong with it, also. He believes there are some alternatives which can be agreed upon through negotiation, and bring all sides together. He has seen recruiting better, and he has seen it worse. Rank is hard to make in the Police Department. 306 Item 13b, cont'd. Alderman Wilson asked what kind of morale I is in the Police Department when the steps are instituted and yanked back and forth? Chief Harrelson stated that it is negative. Alderman Morris asked if he sees a problem with the time span? Would something closer be an advantage or disadvantage? Chief Harrelson stated that he might look at something in closer intervals. The third proposal in this document sets out closer intervals. Alderman Shearman asked what it would cost the taxpayers if we gave the police this raise? City Manager Stuart Bach stated that the price tag would be pretty significant. With the ripple effect, the Sergeants, Lieutenants, and Captains would have to be escalated, also. In order to maintain incentive, a four-year period cost would amount to between one million and 1,200,000. Alderman Shearman pointed out that based on training costs of $28,640 for each officer lost, that would amount to $490,000 for one year. Alderman Wilson asked about other incentives. Chief Harrelson addressed motivation or certification pay. They have an incentive pay program now based on education alone. There are some possibilities to be considered in education and training. Mr. Horton explained that the initiative petit.ion does apply to police Sergeants, Lieutenants, and Captains on the pay scale. It does not exclude any police officers. He stated that Mr. Bach's figures are wrong. City Attorney H. P. Hodge stated there are four different classifications in the police department. This refers to Civil Service rank or classification of police officers. Mr. Horton stated that he drew up the petition, and the intent of the petition was to include all police officers, sergeants, lieutenants, and captains. Alderman Wilson stated that this is something which would be addressed in the alternatives. He asked who handles personnel? Mr.. Bach stated the Personne.1 Division Joi Anne Garrettis here. Alderman Wilson asked how many pending applications we have? Miss Garrett stated that they have just finished a recruiting process . Historically nine of every one selected fall out of the program, and will not be accepted. There were over 50 applicants last time. He also wondered how many were criminal justice majors. She did not know, but stated that she could give a written report on it. Mayor Cook stated that he felt that report would be very helpful ., Alderman Hampton stated that he has heard more dialogue on personnel problems today than he has heard in the three years he has been on the Council . We may be able to set down and work this out in negotiation. The Council would like to see the alternatives they propose. We have made a distinct improvement in dialogue this morning. Let's keep it up. He feels we can work it out. Moved by Alderman Shearman that the Committee of the Whole be adjourned. Motion seconded by Alderman Wilson, and carried unanimously. The Board of Aldermen reconvened. Item 15a A proposed ordinance was presented waiving Section 4-15 and 4-24 of the Code of Ordinances to allow the sale of beer. ORDINANCE NO. 41-82 ORDINANCE WAIVING SECTIONS 4-15 AND 4-24 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF BEER AT OUR LADY OF GUADALUPE CHURCH ON MAY 1, 1982. Moved by Alderman Shearman that Ordinance No. 41-82 be passed. Motion seconded by Alderman Hampton. 307 Item 15a, cont'd., Alderman Wilson stated that it is important that we word our ordinances so that continual waivers are not something the Council wants to do. He requested Mr. Bach to get an ordinance to him which he is working on. Mr. Bach stated that he is working on a parks ordinance, which would not affect this . Alderman Wilson stated that he finds a problem in distinguishing between groups. Alderman Hampton stated that if an ordinance has to be continually waived, there is something wrong with the ordinance. Mr. Bach stated it could be granted on an annual basis. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Item 15b Proposed ordinances were presented waiving certain sections of the Code of Ordinances to allow a transient show and the sale of beer. ORDINANCE NO. 42-82 ORDINANCE GRANTING WAIVER OF SECTION 25-69 OF THE CODE OF ORDINANCES TO AUTHORIZE TRANSIENT SHOW SPONSORED BY NOTRE DAME SCHOOLS ON THE SCHOOL PARKING LOT AND GROUNDS ON APRIL 30, MAY 1 AND MAY 2, 1982. Moved by Alderman Shearman that Ordinance No. 42-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None ORDINANCE NO. 43-82 V ORDINANCE WAIVING SECTIONS 4-15 AND 4-24 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF BEER AT THE NOTRE DAME SPRING FESTIVAL ON APRIL 30, MAY 1 AND MAY 2, 1982 . Moved by Alderman Shearman that Ordinance No. 43-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None - - - - - - - - - - Item 15c A proposed ordinance wa s presented establAshing new regulations governing loading and unloading of vehicles on city streets. Jack Griffin, Acting Director of Traffic, stated that the main change in this ordinance is in the penalty section. It had no specific penalty. The Court set a minimum fine of $3.00 for loading violations. They had people parking in the loading zones eight hours a day. Some of them felt that $3.00 a day was cheap parking, and they were willing to pay the fine. ORDINANCE NO. 44-82 ORDINANCE ESTABLISHING NEW REGULATIONS GOVERNING LOADING AND UNLOADING OF VEHICLES ON CITY STREETS AND REPEALING SECTIONS 29-127 THROUGH 29-136 OF THE CODE OF ORDINANCES. 308 Item 15c, cont'd. Moved by Alderman Hampton that Ordinance No. 44-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays : None - - - - - - - - - - Item 15d A proposed ordinance was presented establishing parking restrictions on portions of Old Iowa Park Road. ORDINANCE NO. 45-82 AN ORDINANCE AMENDING SUBPARAGRAPH (c) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Shearman that Ordinance No. 45-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson , Morris and Boston Nays: None - - - - - - - - - - Item 15e Discussion was held on a proposed ordinance establishing new regulations governing parking meters. Alderman Hampton asked about the 800 and 900 blocks of 8th Street. Jack Griffin stated that the two-hour meters in the 900 block are to be changed to one-hours. No change is proposed in the 800 block. It was pointed out that something had been left out of the ordinance because there are also some 30-minute meters in the 900 block of 8th Street. Mayor Cook asked about the 15-minute meters. Mr. Griffin stated they would all be changed to 30-minutes. Mr. Griffin went to his office and had corrections made to the proposed ordinance. Later on during the meeting the changes were brought back to the Council . Mr. Griffin noted changes in enforcement on Saturday, Sunday, and holidays , along with the penalty for parking violations. ORDINANCE NO. 46-82 ORDINANCE ESTABLISHING NEW REGULATIONS GOVERNING PARKING METERS AND REPEALING SECTIONS 29-147, 29-148, AND 29-154. Moved by Alderman Hampton that Ordinance No. 46-82 be passed, as amended. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson and Boston Nays : None (Aldermen Shearman and Morris were out of the room) - - - - - - - - - - Item 16a Bids were opened on an oil and gas lease at Lake Kickapoo. Two bids were received, as follows. a. L&H Oil Company - 1/8 Royalty - 101.8 acres @ $50.00 per acre. b. Burns Leasing Corporation - 1/8 Royalty - 200.3 acres @ $35.00 per acre or $7,000.00 total . 309 Item 16a, cont'd. Mayor Cook suggested that this item be tabled and that we ask Alderman Hampton to look at these leases and give us a recommendation. Alderman Hampton agreed that we need to study them. Moved by Alderman Shearman that this item be tabled for further study. Motion seconded by Alderman Morris, and carried unanimously. - - - - - - - - - - Item 16b Richard Mycue and Mike Nichols , Consultants for the general development plan for the Depot Square Historical District redevelopment, addressed the plan which they have recommended. The plan was developed in four sections . Mike Nichols addressed the Survey and Inventory Section. He stated that the downtown area is still providing a needed service to shoppers. One of the constraints is the loss of housing downtown. Recommendations consist of marketing and real estate and improvements. Richard Mycue addressed the Preservation Plan, Economic Feasibility and Marketing Study, and Historic Structures Report for the Route Building. Alderman Russell asked if all the functions have been performed and completed which were supposed to have been? Roger McKinney, Director of Planning, stated that the basic scope of services has been completed. it is a general guideline plan to be used. Mayor Cook clarified that t he plan is to be I flexible as needed. Pat Jon.es stated that the Design Review Commission and Midtown Now ,have endorsed the concept. It offers them a very important guideline in future steps. Alderman Hampton asked what is being requested of them today? City Manager Stuart Bach stated to accept the plan. At a later date they will be coming back to the Council to ask for improvements, such as parking downtown. He con-firmed that, in effect, they are being asked to spend some money. After the final plan is received they will be paying Mr. Mycue the remainder of $55,000. Alderman Wilson noted that theyeare three of them who only received a copy of this document yesterday, and he is not prepared to say we should accept this as a guide for redevelopment. Moved by Alderman Shearman that this item be tabled, until next Tuesday at a called meeting. Alderman Morris asked what problem we would incur by waiting two weeks? We need to make provision to get reimbursed by the Texas Historical Commission. Director of Planning Roger McKinney stated that the draft from the consultant can be submitted to the Texas Historical Commission. Alderman Russell stated that she sees problems with the resource people not being here to answer the questions of the new Council members. Mayor Cook asked if w I e had had an outside business show an interest in this plan? It was explained that there had been interest in private enterprise in the downtown area. Alderman Wilson stated that he feels it important for them to take time to consider the plan as a guide. Motion seconded by Alderman Wilson, and carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Wilson, and Boston Nays: Aldermen Russell , Hampton and Morris - - - - - - - - - - Item 17a A. E. Moore, owner of Moore Oil Company, appeared regarding a recently awarded fuel bid. He stated that Mr. Schnautz, Purchasing Agent, asked him if he intended to make a firm bid. This was an oversight, but his price 310 Item 17a, cont'd. would be subject to escalation. His bid of 1.0415 cents per gallon was 02.05 lower than the next bid, or a total of $11,275 lower than the next lower bid. Since he had the low bid he felt confident that he would be awarded the bid. No one contacted him about performance of the bid. The only contact he got was what he initiated himself. When he did not hear from anyone from the City, he contact Mr. Schnautz and Brent Proffitt. Apparently it was Mr. Proffitt's opinion that he could not qualify on delivering fuel top-load. He feels he has the necessary equipment to do this. He requested that the Council reconsider his bid. Alderman Shearman asked Mr. Moore if he had overhead loading facilities? Mr. Moore stated that he did. He also stated that he would be happy with a check cut every Monday. Alderman Shearman also asked if he read the bid basis, and agreed that his prices would be flexible? Mr. Moore stated that he did. Alderman Shearman asked Edward Barrett to define escalating. Mr. Barrett felt that Mr. Schnautz could define it better, but Alderman Shearman requested that he do so. Mr. Barrett explained that it means to go up or get greater. Mr. Barrett stated that the day before the bids were opened the price fell . The primary consideration in evaluating this bid was the evaluation of the facilities offered. He had no guarantee that they would be able to obtain 24-hour service. He stated that it is their responsibility to evaluate. As of the time the bid was awarded, that was his understanding of the facilities. City Manager Stuart Bach stated that under state law they cannot allow a bidder to change his bid after it is opened. In that price last month it would cost the taxpayers $3,300 more. Brent Proffitt, of Central Garage, investigated both facilities. Mr. Moore's son gave him very little information. He was surprised at the 24 hours, 7 days service which they would be required to perform. He told him that he would get back in contact with him, and he is still waiting for that contact. Mr. Proffitt was assured by Mr. Moore's son that he was in charge. He took this to be a firm bid because he put a net price beside the items. Mr. Moore stated that all invoices are due seven days after delivery. This would have to be done by hand, and would placeanadditional burden on his staff. Fred Werner, Chief Accounting Officer, clarified that checks are cut every Monday. Mayor Cook asked what the Council can do at this meeting? City Attorney H. P. Hodge, Jr. stated that if we have entered into a viable contract, and try to back out, then we would be liable for damages. He stated that it is not clear cut, and you have to look at the whole process. He stated that we are giving the bidder the option of bidding a firm or flexible price by saying that prices may be increased or decreased. If the bidder chooses to have the option of escalating, then he must tell us that. Mayor Cook stated that on both instances he can see errors, and he would like us to rectify the problem on our bid process forms to try to prevent misunderstanding on our bids in the future. Alderman Boston stated that he is looking at 1.0415 per gallon on his bid, and 106.20 per gallon on the other bid form. Mr. Moore again stated that he had the low bid, and he was not contacted by the city personnel . Alderman Hampton stated that the law says the lowest and most responsible bid. They have recommendations from city employees and staff, and suggested that he bid again next year. - - - - - - - - - - 311 Item 17b Richard Toby, Fire Appliance Company, requested that he be allowed to make a presentation at the next council meeting. - - - - - - - - - - Kappa Alpha Order, at Midwestern State University, requested a waiver of the alcoholic beverage ordinance for a fund-raising event at the 4-H Barn on April 9 to benefit muscular dystrophy. Further, they desire to have public dancing at this event, which requires a license. ORDINANCE NO. 47-82 ORDINANCE WAIVING SECTIONS 4-15 AND 4-24 OF THE CODE OF ORDINANCES TO ALLOW SALE OF BEER AT 4-H BARN ON APRIL 9, 1982. Moved by Alderman Hampton that Ordinance No. 47-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None ORDINANCE NO. 48-82 ORDINANCE WAIVING SECTIONS 25-14 OF THE CODE OF ORDINANCES TO ALLOW A PUBLIC DANCE AT 4-H BARN ON APRIL 9, 1982. Moved by Alderman Hampton that Ordinance No. 48-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Charles McMillan stated that since we have a new Council he would like to resubmit his application for taxicab service in Wichita Falls . Mayor Cook stated that he would prefer that he use the initiative and referendum process . - - - - - - - - - - Jim Jameson, Wichita Falls Fire Department, stated that as of yesterday he was appointed Acting Fire Chief. He stated that he will accept full responsibility for the business of the Fire Department, instead of Chief Johnson. - - - - - - - - - - Alderman Russell asked for a brief update on the tax problem. It was explained that the new computer is on line, and we are completely caught up with tax and financial data information. - - - - - - - - - - Items 17c, d The Board of Aldermen recessed at 12:45 P.M. for an executive session on personnel . The meeting resumed at 1 :00 P.M. Moved by Alderman Hampton that the following be appointed to the Arts Commission, with expiration terms as shown. a. Betty Wagner April 30, 1983 b. Travis Dews April 30, 1984 c. Laverne Tidwell - Alternate for Mr. Dews if he is unable to serve. Motion seconded by Alderman Wilson, and carried unanimously. - - - - - - - - - - 312 The Board of Aldermen adjourned at 1 :02 P.M. PASSED AND APPROVED this day of e� 1982. Mayor ATTEST: City Clerk