Min 03/16/1993 251
Wichita Falls, Texas
Memorial Auditorium Building
March 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
David Farabee -
Terrance E. Loughry -
Angus Thompson - Councilors
Paul Hughes -
J. W. Martin -
Harold Hawkins -
James Berzina - City Manager
Gregory Humbach - City Attorney
Wilma J. Thomas - City Clerk
The invocation was given by Councilor Thompson.
Proclamations were presented on Older Work Week and Special
Olympics Week. Councilor Martin commended the Police Department
for their participation in Special Olympics.
Item 3
Moved by Councilor Thompson that minutes of the meeting
held March 2, 1993 , be approved.
i
Motion seconded by Councilor Hughes, and carried
unanimously.
Items 4a-7d
Items 6a and 7d were moved to the regular agenda.
Moved by Councilor Farabee that the consent agenda be
approved.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 4a
RESOLUTION NO. 39-93
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
ONE YEAR CONTRACT WITH THE NORTH CENTRAL TEXAS
OFFICIALS ASSOCIATION, INC.
Item 4b
RESOLUTION NO. 40-93
RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM
OF BIGGS AND MATHEWS, INC. FOR ENGINEERING SERVICES
RELATING TO THE PRISON SEWER SYSTEM
I.
252
Item 4c
RESOLUTION NO. 41-93
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
VEHICLE PURCHASE AGREEMENT WITH THE CITY OF ELECTRA
Item 4d
RESOLUTION NO. 42-93
RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON
TAX ACCOUNT # 3140-178-0000.
Item 4e
RESOLUTION NO. 43-93
RESOLUTION APPROVING THE WAIVER OF PENALTY AND
INTEREST ON TAX ACCOUNTS # 0790-047-0000 & 2040-163-
0000.
Item 4f
RESOLUTION NO. 44-93
RESOLUTION APPROVING THE WAIVER OF PENALTY AND
INTEREST ON TAX ACCOUNT # 0590-047-0000.
Item 5a
RESOLUTION NO. 45-93
look
RESOLUTION AWARDING CONTRACT FOR PURCHASE OF
FERTILIZER FOR PARKS AND MEDIANS
Item 5b
The bid for an estimated annual supply of automotive
filters was awarded to Grozier-Mann Oil Company in the amount of
$35 , 808. 80.
Item 5c
RESOLUTION NO. 46-93
RESOLUTION APPROVING THE AWARD OF BID FOR THE HEALTH
UNIT COOLING TOWER PROJECT
Item 5d
RESOLUTION NO. 47-93
RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT
FOR THE REROOFING OF FIRE STATION #7 AND THE MUNICIPAL
COURT BUILDING PROJECT
Item 5e
The bid for an annual supply of low lead and diesel fuels
was awarded to Grozier-Mann Oil Company in the amount of .7389
and . 5619, respectively.
Item 5f
The bid for a custom service body was awarded to Commercial
Body Corporation of San Antonio, Texas, in the amount of
$49 ,096.
Item 7
Minutes of the meetings of the following boards and
commissions were received.
a. Board of Electrical Examiners - February 11 , 1993
b. Park Board - February 25, 1993
C. Water Resources Commission - February 5 , 1993
253
Item 6a
RESOLUTION NO. 48-93
RESOLUTION TO ACCEPT THE 1992 ALLEY REHABILITATION
PROJECT, AND AUTHORIZE FINAL PAYMENT TO ADE
CONSTRUCTION COMPANY
Moved by Councilor Hughes that Resolution No. 48-93 be
passed.
Motion seconded by Councilor Martin.
Councilor Loughry confirmed that these alleys were all for
i dumpsters, and were paved.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 7d
Moved by Councilor Farabee that minutes of the meeting of
the Commission on Human Needs held March 1 , 1993 , be received.
Motion seconded by Councilor Hughes.
Councilor Loughry noted that he was present at this
meeting, and asked that his name be shown on these minutes.
The motion carried unanimously.
� Item 8a - - - - - - -
ORDINANCE NO. 16-93
ORDINANCE WAIVING SECTION 22-1(a) (2 ) AND SECTION 22-
1(a) ( 9) OF THE CODE OF ORDINANCES PERMITTING VEHICLES
ON THE GRASS AND SIGNS DURING A FUN IN THE SUN EVENT
BY NOSTALGIC STREET MACHINES ON JULY 31 AND AUGUST 1,
1993 IN LUCY PARK.
Moved by Councilor Thompson that Ordinance No. 16-93 be
passed.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 8b
ORDINANCE NO. 17-93
ORDINANCE WAIVING SECTION 22-1(a) ( 9) AND SECTION 22-4
OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND
CONSUMPTION OF BEER AND RESERVATION OF LAND DURING AN
EVENT TO BENEFIT THE AMERICAN CANCER SOCIETY FOR A
FUNRUN APRIL 17, 1993 IN HAMILTON PARK.
Moved by Councilor Hughes that Ordinance No. 17-93 be
passed.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
254
Item 8c
ORDINANCE NO. 18-93
ORDINANCE WAIVING SECTION 22-1(a) (2 ) AND SECTION 22-
1(a) ( 9) CODE OF ORDINANCES TO PERMIT VEHICLES ON THE
TRAIL AND SIGNS DURING A WICHITA GENERAL HOSPITAL
GREAT DUCK RACE EVENT MARCH 27, 1993 BY THE FALLS
Moved by Councilor Hawkins that Ordinance No. 18-93 be
passed.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 8d
ORDINANCE NO. 19-93
ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF
ORDINANCES TO PERMIT SIGNS DURING MARCH OF DIMES' WALK
AMERICA EVENT, APRIL 24, 1993 IN LUCY PARK.
Moved by Councilor Martin that Ordinance No. 19-93 be
passed.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 8e
ORDINANCE NO. 20-93
ORDINANCE WAIVING SECTION 22-4 OF THE CODE OF
ORDINANCES TO PERMIT BEER AND WINE AT THE TENNIS
TOURNAMENT EVENT BY FIRST STEP APRIL 2, 1993 IN
HAMILTON PARK
Moved by Councilor Martin that Ordinance No. 20-93 be
passed.
Motion seconded by Councilor Hughes.
Councilor Loughry commented on First Step being one of the
human services organizations that is in need of funds for their
program.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins ..
Nays: None
Item 9a
RESOLUTION NO. 49-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF
UTILITY EASEMENTS FOR THE PRISON WATER SYSTEM PROJECT,
APPROVING THE APPRAISALS, SETTING JUST COMPENSATION,
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. 49-93 be
passed.
255
Item 9a, cont'd.
Motion seconded by Councilor Martin.
Councilor Hawkins asked about the possibility of swapping
property along Reilly Road in exchange for cheaper water. Mr.
Berzina noted it is better to purchase the property and let them
tie on. In the past it has caused the City more problems than
it is worth.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 10a
RESOLUTION NO. 50-93
RESOLUTION TO AWARD BID TO H & S UTILITIES, INC. FOR
CONSTRUCTION OF WATER SYSTEM TO SERVE NEW STATE PRISON
Moved by Councilor Hughes that Resolution No. 50-93 be
passed.
Motion seconded by Councilor Thompson.
Councilor Martin asked if we had experience with this
company, and Mr. Bonnett explained they did the Rathgeber Road
project, and they are a very good contractor. Councilor Loughry
asked what happens if they don' t pay their subs, as was the case
with one company, and Mr. Humbach stated that is the purpose of
having the payment bond.
The motion carried by the following vote.
I
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 10b
Moved by Councilor Hughes that the bid for two side loader
packing bodies be awarded to Davis Truck and Equipment Company,
in the amount of $63 ,800.
Motion seconded by Councilor Thompson, and carried
unanimously.
Item 10c
Moved by Councilor Martin that the bid for two 35 , 000 GVW
cab and chassis be awarded to R. L. Anderson, Inc. , in the
amount of $110, 423 . 22 .
Motion seconded by Councilor Hughes.
Councilor Hawkins asked about Herb Easley' s bid not meeting
specifications, and Mr. Parker explained that they do not build
a tilt cab, and that the turning radius is critical in alleys.
The motion carried unanimously.
Item lla
RESOLUTION NO. 51-93
RESOLUTION TO APPROVE CHANGE ORDER FOR LAKE DIVERSION
SPILLWAY MODIFICATION PROJECT
I
!
256
Item lla, cont 'd.
Moved by Councilor Hughes that Resolution No. 51-93 be
passed.
Motion seconded by Councilor Thompson.
Councilor Thompson asked for an explanation of what they
intend to do with the increased amount of money, and Mr. Bonnett
explained that a trench will be dug for erosion protection for
the exposed edge of the new spillway. It is cheaper to do it
now than later.
Councilor Loughry mentioned the labor cost of $11. 00 per
hour. Mr. Bonnett explained that $3 . 00 is the minimum, but no
one pays that. What the contractor pays is a different matter,
and we do not dictate what he pays. Councilor Hawkins wondered ,
what they were paying at Sheppard Air Force Base. ;.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item llb
RESOLUTION NO. 52-93
RESOLUTION TO AUTHORIZE FINAL PAYMENT TO CONTRACTOR
FOR PROJECT TO RELOCATE SANITARY SEWER LINE ON EAST
SCOTT STREET
Moved by Councilor Farabee that Resolution No. 52-93 be
passed.
Motion seconded by Councilor Hughes.
Councilor Hawkins confirmed with Mr. Bonnett that all codes
are being met.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 12b
William C. Young, 1018 Widows Lane, suggested that we get
all our voting regulations in compliance with the state. He
cited the area where voters are required to complete their
application to vote early, stating that at the county they print
it all in and all the voter has to do is sign his signature.
Councilor Martin stated he feels this is a very good
suggestion, as it expedites the voting procedure for those who
are handicapped. He further stated that also by law all they
have to do is vote; there is nothing to fill out, and they don' t
even have to sign, but that is a procedure we have followed. ,
Mayor Lam noted that they had run into this before and the
word always comes back to this Council that we are following the
law, and the other side is not, and we have to somehow resolve
this issue. He asked Mr. Humbach for a report from the Of f ice
of the Secretary of State and let ' s find out, and if everybody
else is disobeying the law, then he doesn' t think it would hurt
for us to disobey it, as long as we are in compliance in doing
the same, and trying to make things a little easier.
257
Item 12b, cont 'd.
Roger Hutchinson, 1521 Glendale Drive, asked how the new
proposed energy tax will affect us as a taxpayer? Councilor
Hughes suggested he contact his congressman for the answers. We
do not know now as a citizen what we are going to have to pay.
Item 12c
Councilor Loughry asked about the 4-10 plan being talked
about by the police department. Mr. Berzina stated that from
this view it is a management function, and he does not believe
it is best for the City, and he and the police chief are not
ready to recommend it. He further stated it does not save
money, and under the fair labor standards it will cost money.
The administration has to be free to schedule the people they
are authorized to hire. He stated first of all it is a
management situation, and after eighteen months of trying it, it
did not work.
Councilor Loughry asked about a light outside the door near
the Credit Union. It was pointed out that it had already been
installed.
Councilor Hawkins noted that the Clean Country campaign
begins April 3 . He noted various locations and dates will be
published. He also commented that old batteries cannot be
placed in the landfill.
Councilor Hawkins also noted a complaint about Reserve
duty. Chief Harrelson stated that whoever it is needs to come
i to him, and he will take care of it.
Councilor Hawkins further asked about how cars are assigned
in the Police Department. Chief Harrelson explained it is
necessary to keep a designated number of cars on each shift.
Seniority is not the only thing taken into consideration. Work
productivity is taken into account. Councilor Hawkins asked him
to take a look at the second shift.
Councilor Thompson asked about the storefront operation at
the MLK Center, and asked if the door has been changed. Chief
Harrelson explained it is a security thing they are trying to
address. Mr. Berzina explained it may hinge on when the Center
is open, the storefront will be open. Councilor Thompson stated
he did not think anyone in the community conceived of this being
open 24 hours a day. Chief Harrelson stated they would start it
immediately.
Councilor Thompson also noted that at 2: 00 this afternoon
will be the change of Collard Street to Otis Polk Drive. He
commended Jack Griffin for his work on this.
Councilor Thompson mentioned that three Council members
recently went to Washington, and stated there will be some money
available from CDBG funds for a stimulus in the city. He
suggested that everyone write their proposals and get with the
new Community Development Department.
Councilor Thompson commented that with the North American
Trade Agreement, he would like to have Wichita Falls develop a
Sister City with Mexico. He suggested someone find a city of
our size and begin the process of developing this Sister City.
Councilor Martin suggested the city of Monterrey would be an
excellent Sister City, and it is known as the industrial capital
of Mexico.
Councilor Martin also asked for a memo on how the staff
will handle the storeroom operation.
258
Item 12c, cont'd.
Mayor Lam stated a group of people will be meeting on March
18 to discuss Lake Wichita. Mr. Berzina stated someone is
scheduled to attend. He also mentioned information on black
grant usage. Mr. Berzina noted they will get the information
and respond to it.
No business was brought forth under Item 12d.
The City Council recessed at 9: 32 a.m. , and reconvened at
9 : 52 a.m.
Item 12a
A presentation on the Kickapoo Airport facility study was
made by Gerald Musick, of Freeze and Nichols. The first phase
is feasibility of transfer of ownership, and also the
feasibility of expanding it. The airport was established during
the late 1930 ' s. It was purchased by the current owner in
January, 1972. The runway was constructed in 1973 . In the mid
1980 ' s there was an FAA grant project between the owner and the
FAA, utilizing enplanement funds acquired by the City of Wichita
Falls at Municipal Airport. The owner put up the rest of the ,,
funds. Existing facilities today consist of a taxiway, lighting
system, 40 hangars and fuel facilities, the visual approach
lights on the North end of the runway, and lighting at the South
end. It is a $25,350 annual operation, and they project an
annual operation to $35,000. He stated they have determined it
is feasible to extend the runway. They can extend 300 feet to
the South, and 430 feet to the North, but that gets more
expensive. They would have to make some changes in Hatton Road.
He suggested that improvements be done in two stages.
Mayor Lam asked if the facility as it exists today is
adequate as a downtown airpark which would accommodate ninety
percent of the planes that would land there. Mr. Musick stated
it should accommodate one hundred percent of the 12,500 gross
pound planes. The existing length will accommodate most of the
business jets. It is borderline for some of the larger business
jets. By extending it to the South a certain amount of safety
is gained, and will help accommodate the larger jets. He stated
it would not surprise him to see more helicopters. There are
currently 39 single engine, 23 multi-engine, 1 turbo, and 1
helicopter presently based at Kickapoo. He projected 1
additional single engine, 7 multi-engines, 2 turbos, and no
additional helicopters at the airport. When operations are
increased, it also increases the demand for service.
Mayor Lam confirmed that fuel sales and hangar rentals are
most of the revenue sources. When a plane takes off they do not
pay anything. Mr. Musick stated if the hangars rest on City
property they would pay a lease fee. Mayor Lam further noted
that when you get ready to purchase an airport what you need to
do is consider if it is useable or if you need to spend money on
it, and if it could generate enough funds to pay for it. He
asked where we stand with Kickapoo Airport, and Mr. Musick
stated it is an operable facility now. There is nothing of a
nature to suggest you would have to spend a lot of money. No
storm water runoff application has been made. The owner would
have to do this, regardless. What they looked at was acquiring
the ground, not the hangars. They are not looking to own the
private hangars on the property.
Councilor Hawkins asked if he had a copy of the reports
filed in Washington when this grant was requested. He also
asked about information filed by the FAA with the federal grant.
Robert Parker stated he could get a copy of the grant from the
FAA. Councilor Hawkins stated the lease Mr. Coppage has with
259
a Item 12 , cont'd.
Holman Flying Service will expire in September, 1994, stating it
would be important that they look at this.
Councilor Hawkins asked if the new runway at Sheppard would
have any effect on this operation, and Robert Parker noted that
traffic would be going in a different direction. Councilor
Hawkins commented that Kickapoo is almost due South of Sheppard.
If we purchased it we would start generating larger plane
traffic, and if so, it might come under the Tower of Sheppard.
Some planes that come in here now do not use approach control,
and Sheppard does not now require it at Kickapoo. Councilor
Hawkins noted that if we go any further, that would be something
he would like spelled out very specifically.
Mayor Lam stated they will study the report, and may ask
them to come back later. It was noted that the terminal is not
now handicapped accessible except at the back side.
Councilor Thompson stated if we bring in turbo jets that
may have to make their descent earlier than light planes, how
will that affect the residents in the area? It was noted that
the extension would compensate for the size of the plane.
Mr. Musick stated that at this point he would say it is
economically at this site. The runway would have to be extended
on both ends. It should be done in two phases.
Councilor Hawkins was not sure if we would be buying
Kickapoo Airport and Holman Flying Service. It was noted that
the land and everything owned by the Coppage family would be
purchased.
Mayor Lam noted that a report will later on be presented to
the Aviation Advisory Board.
Councilor Thompson requested that we have citizen input
from that area. Councilor Martin stated that an environmental
study would require a public hearing. Mr. Berzina noted that
the Airport Advisory Board will make a recommendation to the
City Council, and that all of his concerns will be addressed in
the process.
Item 12e
The City Council moved into executive session according to
Article 6252-17, Section 2( f) , V.A.C.S. , to review appraisal of
Kickapoo Airport property. Mayor Lam stated that no decision
would be made, and the Council immediately adjourned at 10 : 40
a.m.
PASSED AND APPROVED THIS DAY OF r / 1993 .
M4chaelLam, Mayor
ATTEST:
Wilma J. T omas, CMC/AAE
City Clerk