Min 07/02/1991 719
Wichita Falls, Texas
Memorial Auditorium Building
July 2 , 1991
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 -
Don Kirkham -
James Berzina City Manager
Gregory Humbach City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Councilor Martin.
Item 3a
Emma Genice Wilson, Street Department, was honored as
Employee of the Month for July. Mayor Lam presented her with a
plaque, City of Wichita Falls pin, a check, and tickets to a
theatre and dinner.
Item 4
Moved by Councilor Thompson that minutes of the meeting
held June 18, 1991, be approved.
Motion seconded by Councilor Hughes, and carried
unanimously.
Items 5a - 6d
Moved by Councilor Martin that the consent agenda be
approved.
Motion seconded by Councilor Kirkham, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 5a
RESOLUTION NO. 102-91
RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY
TAXES ON ACCOUNT # 0470-050-0065
720
Item 6
Minutes of the meetings of the following boards and
commissions were received.
a. Commission on Aging - June 5, 1991
b. Water Resources Commission - June 7, 1991
c. Board of Electrical Examiners - June 12, 1991
d. Planning and Zoning Commission - June 12, 1991
Item 7a
A public hearing was opened on the final statement of
community development objectives and proposed use of funds under
the Housing and Community Development Act of 1974, as amended.
Charles Woodward, 1717 Midwestern Parkway, requested grant
money for the Railroad Museum, stating they have also applied
under the hotel/motel funds. He requested $35 , 000 for track,
and $10 , 000 for fencing. He was advised to put the request in
writing. Mr. Berzina noted that all requests would be
considered by the Council for the total amount of available
funds.
Discussion centered around the various projects and amounts
for each, with Mr. Berzina pointing out a total amount of 1. 4 Aftk
million dollars. Eligibility and use for various projects was
also noted. Mr. Dockery commented that sanitation funds can be
used for the Sunnyside area. Mr. McKinney also noted that
mowing funds are budgeted in the regular city budget, and that
two-thirds to three-fourths of the $35,000 budget is spent in
District 2. The Iowa Park Road area was also mentioned by
Councilor Kirkham.
The public hearing was closed.
Item 8a
ORDINANCE NO. 65-91
ORDINANCE WAIVING SECTION 22-1(A) ( 2) AND SECTION 22-1
(A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND
VEHICLES ON THE GRASS BY KAUZ CHANNEL 6 TV IN KIWANIS
PARK ON JULY 6 , 1991
Moved by Councilor Farabee that Ordinance No. 65-91 be
passed.
Motion seconded by Councilor Hughes.
Councilor Kirkham stated that this request was not reviewed
by the Park Board. They were polled by telephone, and did not
have any objection to it. This matter has been known for quite
some time, but they failed to meet the deadline for getting it
on the agenda before the Park Board. He questioned the size of
the anticipated crowd, stating he does not believe there is any
way of keeping them off the grass. Mr. Murphy stated they will
use string to keep them off the grass, stating this park has an
irrigation system.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin
Nays: Councilor Kirkham
721
Item 8b
ORDINANCE NO. 66-91
ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND
FROM DESIGNATED FUND BALANCE AND AUTHORIZING THE
REPLENISHMENT OF FUNDS FROM UNDESIGNATED FUND BALANCE
Moved by Councilor Thompson that Ordinance No. 66-91 be
passed.
Motion seconded by Councilor Martin.
Mr. Berzina explained the various funds for which this is
�.- needed.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 8c
ORDINANCE NO. 67-91
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO AUTHORIZE
SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION IN A
LIMITED COMMERCIAL ZONE, SUBJECT TO THE APPROVAL OF A
CONDITIONAL USE PERMIT
Moved by Councilor Martin that Ordinance No. 67-91 be
passed.
Motion seconded by Councilor Kirkham.
Ed Bond, owner of Otto' s Grocery on Harrison Street, noted
that his customers are requesting the sale of beer and wine at
this store. He stated that he had a petition with 350
signatures on it in support of this request.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 8d
ORDINANCE NO. 68-91
ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND
FROM ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS
DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER
TO EXECUTE CONTRACT AS AMENDED ACCEPTING SAME
Moved by Councilor Hughes that Ordinance No. 68-91 be
passed.
Motion seconded by Councilor Martin.
Mr. Edmondson explained that this is an amendment to the
current contract with the Texas Department of Health, and is
fully funded by the State of Texas.
722
Item 8d cont'd.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 9a
RESOLUTION NO. 103-91
RESOLUTION APPROVING SECOND AMENDMENT TO CONTRACT FOR
AMBULANCE SERVICE TO WICHITA COUNTY AND THE CITIES OF
WICHITA FALLS, BURKBURNETT AND IOWA PARK, TEXAS
Moved by Councilor Hughes that Resolution No. 103-91 be
passed.
Motion seconded by Councilor Farabee.
Mike Harmon, of Life Line Ambulance, requested a five
percent increase in fees. Councilor Farabee asked what AM
percentage of fees are deemed reasonable and customary by the
average insurance company? Mr. Harmon noted they collect most
of these charges from private insurance. They collect only
about sixty percent from Medicare. They write off thirty to
thirty-five percent of their uncollected accounts; however, much
of this is medicaid and medicare patients. He stated they will
not see any increase in medicare fees for two years because of
the way it is allocated.
Councilor Thompson stated he believes the middle class and
those with money pay for the ambulance costs. He questioned the
high costs of hospital transfers, stating that these fees are
not actually written off; somebody pays for it.
Other questions were addressed by Mr. Harmon pertaining to
mileage and engine maintenance.
The motion carried by the following vote, with Mayor Lam
abstaining.
Ayes: Councilor Farabee, Loughry, Thompson, Hughes, and
Martin
Nays: Councilor Kirkham
Item 9b
RESOLUTION NO. 104-91
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH WICHITA COUNTY AND THE CITIES OF
BURKBURNETT AND IOWA PARK FOR ALLOCATION OF THE
SUBSIDY FOR CONTRACT WITH LIFE LINE EMERGENCY MEDICAL
SERVICES, INC.
Moved by Councilor Hughes that Resolution No. 104-91 be
passed.
723
Item 9b cont'd.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin
Nays: Councilor Kirkham
Item 9c
RESOLUTION NO. 105-91
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH WICHITA COUNTY FOR CERTAIN
ANIMAL CONTROL SERVICES
Moved by Councilor Martin that Resolution No. 105-91 be
passed.
Motion seconded by Councilor Hughes.
Mr. Edmondson explained the purpose of this agreement, and
how charges would be paid.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 9d
RESOLUTION NO. 106-91
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE TEXAS URBAN FORESTRY COUNCIL FOR
MATCHING TREE GRANT
Moved by Councilor Thompson that Resolution No. 106-91 be
passed.
Motion seconded by Councilor Farabee.
Mr. Berzina explained that this program would benefit
nurseries and tree farms.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 10a
Moved by Councilor Martin that the bid for a cylinder
refill system for the Fire Department be awarded to
Ingersoll-Rand Corporation in the amount of $29 ,665 .
Motion seconded by Councilor Hughes.
Chief James explained that this is compressed air for
breathing tanks.
724
Item 10a cont'd.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
The City Council recessed at 9:45 a.m. , and reconvened at
10: 02 a.m.
Item lla
Elizabeth Ludy and Betty Harvey addressed the Council on
the need for bus transportation to the grocery store on
Wednesday, stating that for eight years they have had this
service, and now it has been discontinued.
Cleata Williams, 1417 North 7th, requested that the North
Side route and the Wednesday bus service be reinstated, stating
that many senior citizens use this service. �*
Nd
Louis Esquibel, 1317 North 6th, supported the senior
citizens in bus transportation for shopping.
Nicky Ross, who works for the senior citizen center, stated
that transportation is a major concern for senior citizens, and
the grocery bus is a lifeline for them.
Robert Parker, Transportation Director, noted that when
this program started they had the capacity of providing it, but
they do not now have enough bus drivers to support the federally
funded routes. He stated that they presently lose $61. 00 per
trip, plus the driver ' s salary, for this bus service. Every
driver he presently has is drawing big overtime on the regular
routes because of a shortage of drivers.
Mr. Berzina suggested they take a look at this for other
alternatives, and if they find a way they will meet with the
people. He noted that we will be hard pressed to find a way to
retain it, but will report back to the Council.
Ross Gholke appeared regarding a non-profit Christian
Refuge Center group now located in a limited commercial zone on
Grant Street. They cannot now stay open past 11:00 p.m. , but
would like permission to stay open until 1: 00 a.m.
Councilor Farabee asked about options, which were explained
by Mr. McKinney and Mr. Humbach, who confirmed that hours of
operation cannot be addressed under this in a conditional use
Zone. Mayor Lam advised that he address the Zoning Board on
this matter.
Item llb
Councilor Thompson stated that he still wants a tour of
District 2 , and also noted the need for a clean-up effort on the
East Side. He also mentioned needs at 1105 and 1117 Williams
Street. Mr. Bonnett explained they are working with the people.
725
Item llb cont'd.
Councilor Kirkham asked for an update on the Lake Kickapoo
project. Mr. Bonnett explained that it is almost complete.
Although the job is about five months over schedule, there are
some off-setting reasons. He also noted that Archer City and
Wichita Valley Water Supply Company both had an option to
relocate during this construction but chose not to do so. They
have the option to take water.
Councilor Kirkham also urged Mr. Murphy to empty the Clean
Country barrels more often.
Councilor Farabee asked for a report on Lake Wichita. Mr.
Bonnett stated a report is due on July 31 , 1991. He stated the
soil boring results indicate from 3-9 feet depth of silt. The
material appears not to be toxic, but is extremely high in
organics. It is recommended that if it is used, there should be
a two-foot cover over the top, and we cannot build on it. He
believes it is premature to give any plans until the report has
been received.
i
Councilor Martin noted that the downtown merchants feel we
should give some thought to making all one-way streets into town
into two-way streets. He requested a study of the entire
downtown area, including both East and Westbound.
Councilor Loughry suggested making a flashing light at 10th
and Van Buren. Also, a barricade has been setting at 9th and
Beverly for six or seven weeks.
Councilor Loughry mentioned paying citizens overtime for
seat belt enforcement. Chief Harrelson explained that this
money was given to them by the State. Wearing seat belts does
save lives. If you can keep the driver under the wheel you have
a better chance of saving lives. It is good in this sense, but
had he had the option he may have spent it somewhere else.
Councilor Martin noted that he looks at it as one of the state
mandates.
Councilor Loughry suggested we try to save trees in
Williams Park by removing webb worms.
Item llc
Mr. Berzina updated the Council on the walks and ramps in
Rotary Park.
Mr. Berzina noted the holiday on July 4, stating garbage
would be picked up on July 3 , 1991
Fred Werner responded to the water cut-off situation,
stating they have a high volume and verify as best they can over
the telephone. They do make a mistake occasionally, and in one
instance there seems to have been a miscommunication.
726
Item lld
The City Council recessed into executive session at 11 : 10
a.m. , according to Article 6252-17, Section 2 (g) , VACS. The
meeting reconvened at 12: 18 p.m.
Item lle
Moved by Councilor Kirkham that the following be appointed
to the Library Advisory Board and lay representatives.
a. Carrie Hadley (replacing Barry Hall) - June 30, 1993
b. Beverly Singleton ( lay representative) -
August 31, 1993
c. Wilda Geyer (alternate lay representative) -
August 31, 1993
Motion seconded by Councilor Hughes, and carried
unanimously.
Item llf
Moved by Councilor Kirkham that Scott Cannaday be appointed
to the Zoning Board of Adjustments and Appeals (replacing
William Kidd) for a term to expire December 31, 1991.
Motion seconded by Councilor Hughes, and carried
unanimously.
Moved by Councilor Kirkham that Roger Murphy be appointed
alternate member for a term to expire December 31, 1992.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
Martin, and Kirkham
Nays: Councilor Loughry
The City Council adjourned at 12: 21 p.m.
PASSED AND APPROVED this the day of ,
1991.
Michael Lam, Rayor
ATTEST;
Wilma J. Thomas, CMC/AAE
City Clerk