Min 11/15/1988 i
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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.
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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
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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.
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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.
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Item 8b Cont'd
Councilor Hirschi asked for a report on the softball
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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
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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
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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
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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.
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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 .
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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.
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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.
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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