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Min 11/02/1993 410 Wichita Falls, Texas Memorial Auditorium Building November 2 , 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 - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk J. W. Martin - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. Jerry Hodges, Western Hills Baptist Church. Item 3 Mr. Pat Halverson, Finance Department, was honored as Employee of the Month for November. Mayor Lam presented Mr. Halverson with a plaque, dinner for two, and theater & transit passes. Item 4 Moved by Councilor Mallonee that minutes of the meeting held October 19, 1993 , be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 5a-7b Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Hawkins, and carried unanimously. Item 5a The bid for a four wheel drive skid steer loader with tree transplanting attachment was awarded to Construction Agricultural Supply Co. of Wichita Falls, Texas, in the amount of $24,958. 00. Item 5b The bid for a 15 , 000 GVW cab and chassis was awarded to R. L. Anderson, Inc. of Wichita Falls, Texas, in the amount of $26,329. 35. 411 Item 5c The bid for a one (1) 3/4 ton cab and chassis and one (1) 1/2 ton cab and chassis was awarded to Four Star Motors of Henrietta, Texas, in the amounts of $12,957. 46 for the 3/4 ton and $10,486. 74 for the 1/2 ton. Item 5d The of bid for two ( 2 ) , 52" rotary mowers was awarded to Berend Brothers of Wichita Falls, Texas, in the amount of $15,300 . 00. Item 5e The of bid for three ( 3 ) 1/2 ton pick ups was awarded to Four Star Motors of Henrietta, Texas, in the amount of $33 ,282 . 39. Item 6a RESOLUTION NO. 165-93 RESOLUTION TO ACCEPT THE CDBG BEN DONNELL PLAYGROUND PROJECT AND AUTHORIZE FINAL PAYMENT TO SAHARA ENTERPRIZES Item 7 Minutes of the meeting of the following boards and commissions were received. a. Zoning Board of Adjustment - September 15, 1993 b. Board of Electrical Examiners - October 14, 1993 Item 8a RESOLUTION NO. 166-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE COUNTY OF WICHITA TO PROVIDE THE COUNTY OF WICHITA WITH COMMONLY USED SUPPLIES AND PRINTING BY THE CITY OF WICHITA FALLS; 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. 166-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 8b RESOLUTION NO. 167-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY AT THE SANITARY LANDFILL; APPROVING THE APPRAISAL; AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 167-93 be passed. 412 . Item 8b, cont'd. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 8c RESOLUTION NO. 168-93 RESOLUTION TO APPROVE GRAZING LEASES AT LAKE ARROWHEAD WITH J. S. BRIDWELL COMPANY AND THOMAS FREDERICK AND JANE PENDLETON STEPHENS Moved by Councilor Hughes that Resolution No. 168-93 be passed. Motion seconded by Councilor Mallonee. Councilor Hawkins moved and Councilor Loughry seconded that the following amendment to Resolution No. 168-93 be passed. Change the term of the lease from ten years to five years and the renewal options from two five- year options to three five-year options. Motion carried by the following vote. Ayes: Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: Mayor Lam The motion to pass Resolution 168-93 as modified, carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 8d A proposed resolution was presented authorizing the execution of a lease under its original terms and conditions to Mr. Dewey Conley for a certain lot at Lake Arrowhead. Moved by Councilor Thompson that proposed resolution be passed. Motion seconded by Mayor Lam. Motion failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Item 8e A proposed resolution was presented authorizing the execution of a lease under original terms and conditions to Mr. Isais Dena and Mrs. Shari Dena for a certain lot at Lake Arrowhead. Moved by Councilor Loughry that proposed resolution be passed. 413 Item 8e, cont. "d. Motion :seconded by Councilor Hawkins. Motion failed by the following vote. Ayes: Mayor Lam and Councilor Loughry Nays: Councilors Mallonee, Thompson, Hughes, and Hawkins Item 8f RESOLUTION NO. 169-93 RESOLUTION APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION AND AUTHORIZING THE CITY MANAGER AND THE ARTS COMMISSION TO ENTER INTO CONTRACTS WITH SUCH AGENCIES Moved by Councilor Hughes that Resolution No. 169-93 be passed. Motion :seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None It was noted by Mayor Lam that Councilor Hawkins ' admonition was well taken that no funds be released until the Attorney General' s investigation of the Railroad Museum is completed. Item 8g This item will be considered after the executive session. Item 8h RESOLUTION NO. 171-93 RESOLUTION ACCEPTING THE D.A.R.E. PROJECT GRANT AWARD FROM THE: TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE Moved by Councilor Thompson that Resolution No. 171-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 9a ORDINANCE NO. 137-93 ORDINANC:E MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME. Moved by Councilor Hawkins that Ordinance No. 137-93 be passed. Motion ;seconded by Councilor Thompson, and carried by the following vote. i 414 i Item 9a, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays : None Item 9b ORDINANCE NO. 138-93 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE FOR PURPOSES OF FUNDING THE D.A.R.E. PROJECT FOR THE FOURTH YEAR Moved by Councilor Hawkins that Ordinance No. 138-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 9c ORDINANCE NO. 139-93 ORDINANCE RE-APPROPRIATING $383,617. 59 FROM THE SANITATION FUND EQUITY TO THE LANDFILL OPERATIONAL ACCOUNT Moved by Councilor Hughes that Ordinance No. 139-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 10a RESOLUTION NO. 172-93 RESOLUTION TO AWARD BID TO LAKE ROAD WELDING AND TOOL COMPANY FOR STAINLESS STEEL MANHOLE MODIFICATION DEVICES Moved by Councilor Hughes that Resolution No. 172-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 10b Moved by Councilor Hughes that the City' s 1993 police car bid be awarded to Four Star Motors, Inc. , Henrietta, Texas, in the amount of $272,488. 34. Motion seconded by Councilor Thompson, and carried by the following vote. 415 Item 10b, con.t'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 10c Moved by Councilor Hughes that the bid for a trailer mounted compost grinder be awarded to Atherton Machinery Company, Ltd.. , of San Antonio, Texas, in the amount of $179, 985 . 00. Motion :seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Hughes, and Hawkins Nays: Councilor Loughry Item 10d Moved by Councilor Hughes that the bid for two (2) , 55,000 GVW cab and chassis be awarded to Hodges Tire and Truck, Wichita Falls, Texas, in the amount of $128,412 .00. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 10e Moved by Councilor Hughes that the bid for two ( 2) , 35 cubic yard Packer Bodies be awarded to Davis Truck and Equipment, Clifton, Texas, in the amount of $77,080. 00. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item lla Mary Butler, Route 5 , Wichita Falls, requested that her lake lot lease on West side Lake Arrowhead be considered at the next council meeting. Mayor Lam stated that this item would be placed on the next council agenda. Item 11b Councilor Thompson informed that the Council will host a meeting to allow public input on teenage violence and gangs. He requested that Chief Harrelson provide adequate officers to allow participants to feel safe and comfortable. The meeting will be held on November 30, 1993 , at 7: 30 p.m. at the Activity Center, Room 213 . Councilor Hawkins inquired about an ordinance prohibiting the parking of vehicles in front yards and public right of way and the need to strengthen requirements. 416 Item llb, cont'd. Councilor Hawkins asked Chief James for assistance to elderly senior citizens at recycling locations by opening and closing dumpster lids. Also, he suggested that a program with the schools for recycling paper be considered. Councilor Hawkins expressed concern about the number of car washes that are not for charities but being run by families, and the toxic products used which run into the sewer drains. Councilor Hawkins inquired about the dirt pile at the Exxon service station located at Loop 211 & U.S. 287 across from K- Mart. Councilor Hawkins encouraged everyone to go out and vote. He asked about providing a voting service in nursing homes. He inquired about the Altus curfew ordinance and the fact that parents or guardians need to be made more responsible for their children. Councilor Loughry requested that Animal Control patrol Rowland Road from Hines to McKinney for strays. Regarding the ordinance on cattle and other large animals, he asked that the distance be increased from 200 feet. He also encouraged citizens to go out and vote. Councilor Loughry inquired on the procedure for a commission to obtain funds from the City. Mr. Berzina informed that commissions are not funded by the City, but that that is Council' s decision. Councilor Loughry informed that he had received a report on the matter of lighting Giddings Street. He felt that it was necessary to light the area by Bridwell Park if only on a one- year basis in an effort to deter crime in that area. Councilor Thompson mentioned a request from citizens on Harding Street and Edison Street, to change Edison Street to Harding Street. Mayor Lam asked that Community Development look into this. Councilor Hawkins requested that the ordinance on cattle be looked into as he felt the number of animals per sq. ft. needed to be limited. Mr. Edmonson will look into this and the distance matter. Item llc Mr. Berzina asked the Council to set aside tentatively November 23 , 1993 , for a special meeting at 8: 30 a.m. with Murphy Davis on refinancing. Item lld The City Council recessed into executive session at 10: 17 a.m. , according to Article 6252-17, Section 2(g) V.A.C.S. The meeting reconvened at 10: 35 a.m. Item lle and Item 8g RESOLUTION NO. 170-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS NOMINATING TWO MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE WICHITA APPRAISAL DISTRICT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 417 Item lle and Item 8g, cont'd. Moved b5r Councilor Hughes that Resolution No. 170-93 be passed, nominating Michael Lam and Harold Hawkins to serve on the Appraisal District Board of Directors. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: None The City Council adjourned at 10: 40 a.m. PASSED AND APPROVED this day of Y i(�s1_ ,;ivy �'p j�,f 1 , 1993 . "441 -4g%r Michael , Mayor ATTEST: Lydia Torres City') Clerk