Min 11/16/1993 418
Wichita Falls, Texas
Memorial Auditorium Building
November 16, 1993
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 8: 30 o'clock a.m. , with the
following members present.
Michael Lam - Mayor
Leon Mallonee -
Terrance E. Loughry -
Angus Thompson - Councilors
Paul Hughes -
J. W. Martin -
Harold Hawkins -
James Berzina - City Manager
Gregory Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Lam called the meeting to order.
The invocation was given by Ronald Irons, Highland Heights
Christian Church.
Mayor Lam proclaimed November 22-27 , Thanksgiving Week, as
"Family Week" in Wichita Falls. He encouraged everyone to
attend ceremonies of the Family of the Year award at Latter Day
Saints Church on York Street on Friday.
Item 3
Moved by Councilor Thompson that minutes of the meeting
held November 2 , 1993 , be approved.
Motion seconded by Councilor Hughes, and carried
unanimously.
Items 4a-d
Moved by Councilor Martin that the consent agenda be
approved.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 4
Minutes of the meetings of the following boards and
commissions were received.
a. Landmark Commission - September 29, 1993
b. Wichita Falls Traffic Safety Commission - October 6,
1993
c. Wichita Falls Park Board - October 28 , 1993
d. Lake Wichita Study Committee - October 12 , 1993
419
Item 5a
RESOLUTION NO. 173-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ENCROACHMENT AGREEMENT WITH E. L. GEORGE
AND MARY GEORGE ACROSS PORTIONS OF A CERTAIN TEN (10)
FOOT UTILITY EASEMENT LYING ON LOT 20, BLOCK 1,
COUNTRY ROADS ESTATES, (4839 SHENANDOAH DRIVE) ,
WICHITA FALLS, TEXAS, FOR A STORAGE BUILDING LOCATED
IN SAID EASEMENT IN ACCORDANCE WITH THE ENCROACHMENT
AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Hughes that Resolution No. 173-93 be
passed.
Motion seconded by Councilor Mallonee, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 5b
A proposed resolution was presented authorizing the City
Manager to execute lease of certain property at Lake Arrowhead,
to wit, Lot 34, Block E, West Side. Mr. Whatley was present
and provided information to the Council regarding this
particular lake lot.
Moved by Councilor Mallonee that proposed resolution be
passed.
Motion seconded by Councilor Hawkins.
Motion failed by the following vote.
Ayes: Councilor Loughry
Nays: Mayor Lam, Councilors Mallonee, Thompson, Hughes,
Martin, and Hawkins
Item 5c
A proposed resolution was presented authorizing the City
Manager to execute lease of certain property at Lake Arrowhead,
to wit, Lot 19, Block F, West Side. Mrs. Mary Butler was not
able to be present, but had earlier submitted a letter to the
Council regarding this particular lot.
Moved by Councilor Loughry to table proposed resolution.
Motion died for lack of a second.
Moved by Councilor Loughry that proposed resolution be
passed.
Motion seconded by Mayor Lam, and failed by the following
vote.
Ayes: Councilor Loughry
Nays: Mayor Lam, Councilors Mallonee, Thompson, Hughes,
Martin, and Hawkins
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420
Item 5d
RESOLUTION NO. 174-93
RESOLUTION APPROVING THE IDENTIFICATION OF CERTAIN
FUNDS FOR THE PURPOSES OF THE MCGRATH CREEK
CONSTRUCTION
Moved by Councilor Thompson that Resolution No. 174-93 be
passed.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 5e
RESOLUTION NO. 175-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AUTHORIZING SALE OF EXCESS RIGHT-OF-WAY
ON SHEPPARD ACCESS ROAD; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Mr. Art Litteken, Jr. , O. K. Concrete, 2304 Sheppard Access
Road, spoke in favor of this resolution.
Moved by Councilor Hawkins that Resolution No. 175-93 be
passed.
Motion seconded by Councilor Mallonee, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 6a
Moved by Councilor Martin that the bid for a truck mounted
landfill water truck be awarded to Texas Tractor Sales,
Abilene, Texas, in the amount of $24,750 . 00 .
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 6b
Moved by Councilor Hughes that the bid for a 50 ,000 GVW cab
and chassis be awarded to White GMC Trucks of Dallas/Fort Worth,
in the amount of $47 , 561. 00. Mr. Bob Parker made the following
correction on the commentary: The first word of the second
sentence should be none instead of one. This was a
typographical error.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
421
Item 6c
Moved by Councilor Thompson that the bid for an elevating
scraper be awarded to Darr Equipment Company, Wichita Falls,
Texas, in the amount of $282,429. 00.
Motion :seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 6d
RESOLUTION NO. 176-93
RESOLUTION TO AWARD BID TO POTEET, INC. FOR
CONSTRUCTION OF A DECHLORINATION FACILITY AT THE
NORTHSIDE WASTEWATER TREATMENT PLANT
Moved by Councilor Martin that Resolution No. 176-93 be
passed.
Motion seconded by Councilor Mallonee, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 6e
RESOLUTION NO. 177-93
RESOLUTION AWARDING PURCHASE OF TREES FOR PARKS AND
MEDIANS.
Moved by Councilor Thompson, that Resolution No. 177-93 be
passed.
Motion :seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 7a
ORDINANCE NO. 140-93
ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF
ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG
THE NORTH AND SOUTH SIDES OF 77 RANCH ROAD, THE EAST
AND WEST' SIDES OF TROUT ROAD, AND THE NORTH SIDE OF
STATE HIGHWAY 79 ADJACENT TO THE PROPERTIES OF
CHEROKEE ESTATES, CLAY COUNTY
Moved by Councilor Martin that Ordinance No. 140-93 be
passed.
Motion seconded by Councilor Mallonee, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
422
Item 7b
ORDINANCE NO. 141-93
ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9
(B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO
PLACING CURB AND GUTTER ON THE NORTH AND SOUTH SIDES
OF 77 RANCH ROAD, THE EAST AND WEST SIDES OF TROUT
ROAD, AND THE NORTH SIDE OF STATE HIGHWAY 79 ADJACENT
TO THE PROPERTIES OF CHEROKEE ESTATES, CLAY COUNTY
Moved by Councilor Mallonee that Ordinance No. 141-93 be
passed.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 7c
ORDINANCE NO. 142-93
ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF
ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR
CHEROKEE ESTATES, CLAY COUNTY
Moved by Councilor Martin that Ordinance No. 142-93 be
passed.
Motion seconded by Councilor Mallonee, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 8a
Discussion was had regarding previously awarded bid for two
35 cubic yard packer bodies to Davis Truck and Equipment
Company.
The City Manager provided history on bid and options
available to the Council. The Mayor and Councilors presented
concerns and suggestions regarding bid process. Items of
concern were single source, equipment, specifications,
exceptions, and lack of detailed information to the Council on
bids. As a result, the bid process will be reviewed.
Consensus of the Council was to reaffirm award of the bid
to Davis Truck and Equipment Company.
Item 8b
Bettie Murphy, 101 Lakewood Drive, Wichita Falls, Texas,
expressed her appreciation to the Mayor and each of the
Councilors for their service and commitment to the citizens of
Wichita Falls. As spokesperson for the Lucy Park Neighborhood
group, Mrs. Murphy thanked all persons involved in relieving the
Falls Fest traffic during that function.
Mayor Lam turned the meeting over to Mayor Pro tem Hughes
due to a previous commitment at S.A.F.B.
423
Item 8b, cont. 'd.
Mr. Lewis M. Croom, 4103 Judy Circle, Wichita Falls, Texas,
requested an official notice on the decision regarding his Lake
Arrowhead loi: lease. Mr. Croom left a questionnaire on items
regarding the roads on Lake Arrowhead and requested that the
original be returned to him.
Mayor Pro tem Hughes asked that this be handled by the City
Attorney.
Item 8c
Councilor Thompson addressed the bid process policy and
suggested that Council and Staff work together in obtaining an
acceptable method for this process.
Councilor Thompson asked about changing the street name of
Edison Street: to Harding Street. Mr. Berzina informed that the
process had already begun.
He invited everyone to attend the public meeting on
November 30 at 7: 30 at the Activity Center to share views and
ideas on the gang problem in our city.
Councilor Hawkins commented on the bid process information
submitted to the Council and said that he would like more
detailed information in order to ensure that tax dollars were
spent frugally.
Councilor Mallonee inquired about this year ' s collections
compared to last year' s. Mr. Werner approximated collections
were down fifty per cent as to what was collected last year in
October, due to trend and late billing.
Councilor Mallonee asked what action were we as a city
taking regarding unfunded mandates.
Mr. Berzina informed that we are staying quite active at
all government levels and urged everyone to continue contacting
our congress persons and senators.
Councilor Martin thanked the Council and everyone for their
concerns, calls, and flowers during his hospital stay for knee
surgery. He expressed continued concern on unfunded mandates
and encouraged citizens to write their Texas and national
legislators to voice their protest. He stated that mandates
cannot be uniform in every area of our country; different
situations apply in different areas.
Councilor Martin cautioned citizens on fire safety and to
be on the alert for burglars as we are entering the Christmas
season. He expressed appreciation to the Police Chief and his
department for their efficiency. He inquired about the
construction on Midwestern Parkway. Mr. Bonnett informed that
both sides would be done. West bound lanes will be open to
traffic until spring at which time east bound lanes will be open
to traffic and redone.
Councilor Loughry asked that in response to some calls the
street area on loth and Hayes be looked into; possibly needs to
be overlaid. It has some very rough areas. He requested a copy
of the nepotism policy. Mr. Berzina responded he would get a
copy to the Council and possibly discuss in executive session.
Councilor Loughry informed that he will be unable to attend
the November 30th meeting due to a prior commitment. He
addressed the bid process policy and said he wanted to know
reasoning behind the policy, the specifications, and the
recommendations.
i
424
Item 8c, cont'd.
Councilor Thompson admonished the Council about being
critical of the staff, and suggested that if there were concerns
regarding their ability or inability to perform satisfactorily
that this issue be brought forward.
Mayor Pro tem Hughes commented regarding bid process in
that any detailed information or questions should be posed to
the Staff prior to Council Meeting. Any information which is
unable to be obtained from the Staff should then be taken to the
City Manager, and if necessary brought before the Council. This
will save everyone time and embarrassment.
Regarding unfunded mandates, Mayor Pro tem Hughes stated
that the citizens, in numbers, need to write to their
legislators and express their views in order to get attention
and pass the real message to them.
Item 8d
Mr. Berzina commented on mandates and suggested to persons
who are uncertain about what to say to their legislators that
they just call and let them know they are tired of mandates
causing taxes to increase and not getting anything for it. He
informed that in doing the bid policy review, each of the
Council members would be contacted individually for their
thoughts.
The tentative special meeting on bond refinancing for
November 23rd will not be needed, as Murphy Davis will not be
ready until the December 7th council meeting.
Mr. Berzina reported that the Landfill Committee, Leon
Mallonee, Paul Hughes, and Mayor Lam, has met and looked at
proposals. A tour of the Burkburnett landfill has been arranged
for Wednesday, November 17th at 9: 30 a.m. and a meeting with
Burkburnett Mayor and Council at 10 a.m.
Mr. David Clark, Director of Community Development,
presented a report on community development efforts. He
reported a great deal of emphasis on citizen involvement,
holding a series of neighborhood meetings. There is a concern
for job and economic development opportunities. The Council has
responded through CDBG (Community Development Block Grant)
authorizing the expenditure of $100,000 for an economic
development program. This has been successful with that amount
actually tripling in order to establish a new small business
economic development loan program. They are working with five
different banks who have agreed to cooperate in this program.
In order to establish that, Mr. Clark recommended the
establishment of a not for profit corporation, which may be the
Wichita Falls Development Corporation, and suggested that
corporation be able to administer that program. Action details
will be provided to the Council prior to the next meeting. The
Council would appoint the board, which would operate in
conjunction and rely closely with the City to administer these
programs. This economic development loan program format has
been established, and with Council ' s sanction would begin after
the beginning of the year.
Mr. Clark informed there would be a meeting at 3 : 30 this
afternoon in the Activity Center in response to quality of life
issues and public input. A prior public meeting was held to
look at the projections of potential traffic generation areas
and one very important result was a positive feeling of
potential downtown development.
Mr. Clark was involved in a similar program in Illinois
which met with success in providing loans to businesses that
might otherwise not be able to obtain financing through a bank.
The program was aimed at the development of jobs for low and
moderate income people based on federal money. Mr. Clark
425
Item 8d, cont:'d.
provided further details. The program is based on involvement
from other people. The Small Business Development Center will
process the applicants and advise them on business plans. The
applications will be reviewed by the loan committee/board
appointed by the Council. The financial institutes will service
the loans. The loan committee board will have final approval.
Maximum amount of loans will be $25, 000. A minimum has not
been established.
Jim Dockery reported on the status of the Downtown Park
Project. He reported that property acquisition and deed work
has been completed and anticipates for next council agenda the
action items for exchange of property and activities that will
require demolition and some asbestos work on the Woolworth
building. Things are looking good on that project.
Dave Clark announced an organizational meeting for a
downtown association which will be held Wednesday, November
17th, at 5: 00 p.m. in the Activities Center. Information about
the activities on the Downtown Revitalization Committee will be
provided.
Mr. Berzina responded to a question raised about Hamilton
Bryan by stating that there was nothing to report at this point
except that they were relocating to the Kemp Street site.
He mentioned to Mrs. Bettie Murphy that results could not
have been accomplished without her help and the neighborhood
group. He encouraged more citizens to get involved. Mr.
Berzina expressed appreciation to the Times Record News, Mr.
Lonergan, and all those involved in the newspaper insert about
"City Government in Wichita Falls. " He also mentioned it would
be a good reference tool for the citizens. Councilor Hawkins
stated that appreciation was also in order to the business
community for their financial support.
The City Council adjourned at 10: 35 a.m.
PASSED AND APPROVED this I day of � ` (QJ�, 1993 .
Michael tam, Mayor
ATTEST:
Torres
Cit Clerk