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Min 11/15/1988 i 78 Wichita Falls, Texas Memorial Auditorium Building November 15, 1988 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. Perry Goolsby Mayor John Hirschi Charles Thomas Angus Thompson Councilors Robert Barenberg Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Finance Director The invocation was given by Councilor Thomas. Mayor Goolsby presented a proclamation to North Central React #4630 for React Month. Item 3 Moved by Councilor Barenberg that minutes of the meeting held November 1, 1988 , be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item 4a Tika Cadambi, a Rider High School student, presented a report from the Youth Activities Advisory Council on the survey conducted of leisure needs of high school students in Wichita Falls. The survey indicated that they wanted an increase in the number of activities here. Councilor Thompson stated that his daughter serves on this council, and commended them for a good report. He feels the Parks and Recreation Department will take this under advisement. Councilor Barenberg noted that many cities have increased their water recreation facilities. Councilor Buffum expressed appreciation for their efforts. Councilor Hirschi commended the young people for putting handicapped play equipment as their highest priority. Miss Cadambi noted they were having a campaign against drugs in their schools this week. Mayor Goolsby expressed appreciation for what they are doing. 79 Items 5a-8b Items 5c, 7a, and 8b were moved to the regular agenda. Moved by Councilor Thomas that the consent agenda be approved. Motion seconded by Councilor Buffum. Item 5a ORDINANCE NO. 123-88 ORDINANCE CANCELING THE FIRST REGULAR CITY COUNCIL MEETING OF DECEMBER, 1988 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5b ORDINANCE NO. 124-88 ORDINANCE WAIVING SECTION 22-1 (a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT THE POSTING OF ADVERTISING SIGNS AT WEEKS AND HAMILTON TENNIS CENTER, JUNE 9-16 , 1989. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a The bid for two utility tractors with a rear mounted flail mower was awarded to Construction Agricultural Supply Company in the amount of $28 , 360. 99. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6b The bid for a sewer vacuum machine for the sewer department was awarded to Naylor Supply Company in the amount of $30,000 . Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7b RESOLUTION NO. 225-88 RESOLUTION TO ACCEPT THE COMMUNITY DEVELOPMENT OVERLAY PROJECT AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR i 80 Item 7b Cont'd Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7c RESOLUTION NO. 226-88 RESOLUTION TO ACCEPT THE BUDGET MILLING AND OVERLAY PROJECT AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8a Minutes of the meeting of the Traffic Safety Commission held October 5 , 1988 , were received. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5c ORDINANCE NO. 125-88 ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND USE OF A PIPELINE BY CONOCO PIPE LINE COMPANY - ACROSS, OVER AND UNDER CERTAIN STREETS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF WICHITA FALLS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY Moved by Councilor Barenberg that Ordinance No. 125-88 , as substituted by the Legal Department, be approved. Motion seconded by Councilor Thompson. Councilor Barenberg asked questions about this pipeline that goes behind his house. Mr. Bonnett explained that most of it is in the alley, but a portion of it lies in front yards. Conoco has requested that they be allowed to place it in the alley so that it will not disturb the property owner. It is a by-pass operation. Richard Boyd, of Corlett, Probst, and Boyd, stated they will tie into the old lines at both ends, and then they will be abandoned. David Holoubek, representing Conoco in Wichita Falls, stated that their concern is that it is an old line, and they are looking to improve the integrity of their system by putting it in the alley instead of on private property. Crude oil is transported through these lines. Councilor Buffum asked why it is an emergency, and Mr. Bonnett stated it is identified that way so we don' t hold up Conoco' s work. 81 Item 5c Cont'd Mr. Holoubek explained that they will abandon the old line, and place a new line in the alley. They are not replacing all the lines in the subdivision because they have enough right-of-way from permanent structures in the other subdivision. These homes have been built close to the pipeline. They have no reason to remove the pipeline on the undeveloped property. Councilor Hirschi wonders if this will set a precedent in giving away the right-of-way without any cost. Mr. Hodge addressed this, stating that the line is just crossing through, and they are not making any distribution in the city, as does cable TV or other utilities. This is a very limited area, and is limited to one location. He feels there is a distinction between this. Moved by Councilor Hirschi that the word "bridges" be struck in Article 1 . The motion died for lack of a second. The motion for passage of Ordinance No. 125-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Kirkham Nays: Councilor Buffum Item 7a RESOLUTION NO. 227-88 RESOLUTION TO ACCEPT THE WEEKS PARK GOLF COURSE MAINTENANCE BUILDING AND AUTHORIZE THE CITY MANAGER TO MAKE FINAL PAYMENT Moved by Councilor Buffum that Resolution No. 227-88 be passed. Councilor Buffum asked when the old barn will be torn down, and how, and Mr. Bonnett stated it will be right after the first of the year. They hope to go out for bids for demolition. Councilor Thomas expressed that money could have been saved by installing one eight-foot fluorescent fixture, as opposed to two four-foot fixtures. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8b Discussion was held on receiving minutes of the Park Board meeting held October 27, 1988 . Councilor Thompson commended Parks and Recreation for what they are doing in the way of flower beds. He also asked if any money had been received from the Sheriff ' s Association for the Beach Boys concert, stating that forty-five days seems to be enough time. Mr. Murphy stated that no money has yet been received. He thinks they may be having trouble collecting from their subs. The overtime was paid to the city before the concert was held. i 82 Item 8b Cont'd Councilor Hirschi asked for a report on the softball i season revenue. Councilor Thompson asked for clarification of sending applications to local non-profit groups for grants. Mr. Murphy explained that the City is asking them for money. Councilor Barenberg felt it would be good for the grants department to apply for this; that is desirable to have someone who is familiar with those committees to deal with them, rather than staff. Councilor Hirschi asked for average costs of individual parks and maintenance. Mr. Murphy explained that the information can be made available. Councilor Hirschi stated that he would like to experiment with privatization. Councilor Thomas noted that it was tried five or six years ago, and it did not work. Councilor Hirschi noted that Lucy Park, near Lucyland, is still being over watered. Minutes of the meeting of the Park Board held October 27, 1988 , were received by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Mayor Goolsby requested that Mr. Murphy keep the Council informed on collection of money from the Sheriff ' s Association for the Beach Boys concert. Item 9a ORDINANCE NO. 126-88 ORDINANCE WAIVING APPENDIX A SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON SUNSET LANE, LOT 4, BLOCK 37 OF THE JOHN HIRSCHI SUBDIVISION (A REPLAT OF A PORTION OF BLOCK 37 ) Moved by Councilor Buffum that Ordinance No. 126-88 be passed. Motion seconded by Councilor Barenberg. Councilor Hirschi noted that he has no interest, nor had he ever had any interest in this property. Councilor Kirkham wondered when the street would be widened, and sewer installed. Mr. Bonnett explained that no dollars are available at this time. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10a RESOLUTION NO. 228-88 A RESOLUTION APPROVING THE THREE YEAR HOUSING ASSISTANCE PLAN OF THE CITY OF WICHITA FALLS 83 Item 10a Cont'd Moved by Councilor Thompson that Resolution No. 228-88 be passed. Motion seconded by Councilor Barenberg. Mrs. Viola Morton expressed her concerns about the newspaper article indicating that qualified Section 8 tenants would be placed in affordable housing near the base. She stated that they would not like to see the value of their homes come down in Lynwood East. She noted that eighty percent of the Section 8 tenants are single mothers, and wondered how they would be able to take care of the house. Councilor Buffum explained that he read this as being set up near Sheppard Air Force Base for married lower grade airmen for short term housing. Councilor Barenberg noted that it is important to recognize that nowhere in the city do we want property values to deteriorate. We must recognize that every person is an individual. Mr. McKinney explained that tenants are briefed on their responsibilities in taking care of property. They will follow up on the landlords who are not taking care of the property. Councilor Barenberg noted that she might have some suggestions she could give to Mr. McKinney. Mrs. Morton replied that whoever moves them in should have the ideas. Councilor Thompson stated that his poor mother taught them how to be clean, and respect other people ' s property. He does not think that being poor itself has anything to do with teaching a good standard of living. People who own property have the responsibility to assist, rather than criticize. We have poor people in all races and areas of town. We need to be open minded, and make it better. He feels this is just as important in making our city better as the parks and flower beds. Mr. Berzina expressed agreement with everything that is being said, particularly Councilor Thompson. If we don' t have a plan, then we are eliminated from the program. It is his impression that the federal government is much more supportive of the programs where you educate and train. In the 202 purchase plan program, you could hardly get them out of there. In the Section 8 rental housing program, we have some leeway. Improvements have been made. Mr. McKinney explained that they will charge for inspections. Councilor Hirschi suggested that abbreviations be identified in the definitions. Councilor Buffum asked about the estimated cost of this program over a three-year period. Mr. McKinney explained that it depends on many things. Payments would vary, depending on the person' s ability to pay. There is a maximum of $12, 500 on one of the programs. They work with Texas Employment Commission and other agencies to get them into the labor market. Councilors Thompson and Buffum were concerned that we also rehabilitate the person. Councilor Kirkham also noted that the point Mrs. Morton brought out does not necessarily limit itself to low income. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None i 84 Item lla Moved by Councilor Thomas that the bid for two high velocity sewer cleaning machines be awarded to Naylor Supply Company in the amount of $43 ,422. Motion seconded by Councilor Barenberg, and carried unanimously. Item llb i Moved by Councilor Thomas that the bid for one utility tractor, with side and rear flail mowers, be awarded to Agricultural Supply Company in the amount of $28, 135. Motion seconded by Councilor Barenberg, and carried unanimously. i i Item llc Moved by Councilor Thompson that the bid for five front mounted 52-inch deck rotary mowers be awarded to Bunt Equipment in the amount of $31,185 . Motion seconded by Councilor Buffum, and carried unanimously. Item lld Moved by Councilor Hirschi that the bid for two 72-inch deck rotary mowers be awarded to Goldthwaites of Texas in the amount of $17,830. Motion seconded by Councilor Thompson, and carried unanimously. Item lle Moved by Councilor Buffum that the bid for one sewer rodding machine be awarded to Naylor Supply Company in the amount of $19, 968 . Motion seconded by Councilor Barenberg, and carried unanimously. The City Council recessed at 9: 50 , and reconvened at 10: 05 . I Tom Edmondson, District Manager of the Health Department, reported on the activities of that department concerning aids. They have worked in the education of aids with the media, Midwestern State University, and many other programs conducted through the Health Department. A task force on aids has been formed. There have been sixteen cases in Wichita Falls since 1980? resulting in eight deaths. It is expected to continue to increase during the next five to ten years. This disease costs all of us. It costs $40,000 a year for a patient ' s care, and they usually lose their job and insurance. Councilor Buffum noted that in the Texas Municipal League meeting that he and Councilor Kirkham attended with Mr. Edmondson on aids, there were probably not more than 35-40 people in a room that would seat 100 persons. The cost to hospitals will be eight million dollars a year. There are more than 330 cases of aids in Texas, and one out of every 300 college students carry the aids virus, and don' t know it. 85 Councilor Thomas congratulated Mr. Edmondson on his election to the state health association board, stating this also helps Wichita Falls. Item 12a Mrs. Viola Morton discussed Sheppard Access Road medians. She stated that the medians are unconstructed, and there is no curb and gutter. She asked about plans for further construction, and planting of the medians. Mayor Goolsby suggested that she meet with the Park Board and Clean Community Commission, stating that is where this discussion needs to start. James Moses, 303 Bluff, appeared, stating he is a motorcycle rider. He cited various events in Wichita Falls concerning the police department, a doctor, shootings, criminal kidnapping, the district attorney' s office, a runaway child, child custody, arrest, speeding ticket, mug shots of him when he was sixteen years old, a $3000 debt to an attorney, harassment, etc. He stated he is afraid that some street people are about to take things in their own hands. Councilor Thomas noted that they are not a court of law, and they can' t do anything about tickets, arrests, shootings , etc. The only thing they can do is about personnel of the City of Wichita Falls. The County Commissioners control the district attorney, and the police officers work for the City Manager. Mr. Hodge explained that the complaint came to him Friday of last week from Philip Carter, the City' s prosecutor. He will check with the police department to see if there is any basis for it. In this particular case, Mr. Carter got some police reports. The police did not recommend that a complaint be taken. These reports were turned over to him, and he intends to go through them. Police Chief Harrelson explained what happened with the doctor. He encouraged Mr. Moses to bring these tapes and let him listen to them. They do not want to have their officers or personnel harassing citizens. Chief Harrelson does not know whether Mr. Moses wants him to listen to the tapes right now. There are many avenues open to persons who do not feel that the police department has given them a fair shake. Mr. Moses stated there is not an attorney in town that will take a city lawsuit. Mayor Goolsby asked if he had gone to the Civil Rights division. Councilor Buffum suggested that Mr. Moses take these tapes to Chief Harrelson to listen to, and try to remedy his problems. Councilor Barenberg stated he would appreciate it if he would bring up trouble in the station to the Chief. Councilor Thompson stated that because of his lifestyle, he hopes that no one thinks he is less than a citizen. There are avenues available to him, and he would urge him to pursue them if he feels he is not being treated right, but urged him to stay within the legal confines of the law, especially for his children. Nothing was brought forward under Items 12b and c. i 86 Item 12d The City Council recessed into executive session at 10: 55 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. They reconvened and immediately adjourned at 1: 00 P.M. PASSED AND APPROVED this the _? f_j day of f'jf L'L. 1988. �h� Perry G olsby, Mayo ATTEST: % / Wilma J. Thomas, CMC/AAE City Clerk