Loading...
Min 08/02/1983 1 233 Wichita Falls, Texas Memorial Auditorium Building August 2, 1983 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 7:00 o'clock P.M. , with the following members present. Howard M. Morris Mayor Pro tem Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson Horace 0. Boston Gary D. Cook Absent The invocation was given by James Palmer, Floral Heights United Methodist Church. i Item 3 Moved by Councilman Thomas that minutes of the meeting held July 5, 1983, be approved. i Motion seconded by Councilman Boston, and carried unanimously. Moved by Councilman Harper that minutes of the called meeting held July 12, 1983, be approved. Motion seconded by Councilman Thomas, and carried unanimously. - - - - - - - - - - Items 4a - 10c Items 5b, 5c, 7b, and 7e were moved to the regular agenda. Moved by Councilman Boston that the remaining items on the consent agenda be approved. Motion seconded by Councilman Thomas. Item 4a Harold Yarger, an Engineering Department employee, was honored as Employee of the Month for August. Mayor Pro tem Morris presented him with a plaque and two tickets each to a theatre and dinner. Item 4b Mayor Pro tem Morris presented a Commendation of Merit award to both Diane Beaver and Karen Sorenson for first aid assistance to a child in Sunset Terrace Park. Item 5a ORDINANCE NO. 86-83 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 234 Item 6a RESOLUTION NO. 135-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROGRAMMING THE CITY'S TRAFFIC CONTROL COMPUTER. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6b RESOLUTION NO. 136-83 RESOLUTION APPROVING LEASE AGREEMENT OF LAND AT 706 EAST SCOTT STREET AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6c RESOLUTION NO. 139-83 A RESOLUTION CONFIRMING THE CITY MANAGER'S SUBMISSION OF AN APPLICATION FOR 50 ADDITIONAL UNITS OF SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING UNDER TITLE II OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-383) , AMENDED. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6d RESOLUTION NO. 137-83 RESOLUTION AWARDING CONTRACT FOR MAINTENANCE OF CERTAIN STREET MEDIANS. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6e RESOLUTION NO. 138-83 RESOLUTION TO APPROVE A CONTRACT FOR THE USE OF LAND TO INJECT SLUDGE FROM THE CITY'S WASTEWATER TREATMENT PLANT. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6f RESOLUTION NO. 140-83 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION AND EXECUTE CONTRACTUAL AGREEMENTS AND OTHER DOCUMENTATION REQUIRED TO EFFECTUATE THE CONTRACT WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 235 Item 6 RESOLUTION NO. 141-83 RESOLUTION APPROVING DUPLICATE OF AMENDED DIVISION ORDER ISSUED BY THE PERMIAN CORPORATION ON WALSH & WATTS, INC.--MORRIS "B" LEASE IN CLAY COUNTY, TEXAS, AT LAKE ARROWHEAD. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6h RESOLUTION NO. 142-83 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTY FOR THE STREET RIGHT-OF-WAY ON NORTHWEST DRIVE, 1980-82 CAPITAL IMPROVEMENT PROGRAM. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6i RESOLUTION NO. 143-83 RESOLUTION WAIVING SECTION (d) OF RESOLUTION NO. 130-83, AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SANITARY WASTE WATER i DISPOSAL AND TREATMENT CONTRACT WITH THE CITY OF LAKESIDE CITY. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 7a The bid for an annual supply of malathion 91% concentrate was awarded to American Cyanamid in the amount of $16.27 per gallon. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 7c The bid for fencing an area adjacent to the Fairway Reservoir for Street Department equipment storage was awarded to A-1 Discount Fence Company in the amount of $5,310.00. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 7d The bid for a portable air compressor for the Street Department was awarded to Cessco Sales in the amount of $7,965.00. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 7f The bid for an annual supply of ammonia was awarded to Texhoma Ag-Products in the amount of $15,900. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 236 Item 8a RESOLUTION NO. 144-83 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR OF LANDFILL WATER SUPPLY SYSTEM. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Items 9a - d Minutes of the meeting of the Mechanical Board of Adjustments and Appeals held June 30, 1983, were received. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Minutes of the meeting of the Planning Board held July 13, 1983, were received. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Minutes of the meeting of the Board of Adjustments and Appeals held July 13, 1983, were received. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Minutes of the meeting of the Traffic Commission held June 14, 1983, were received. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item l0a Wording of tax rate advertisements for the rate setting process was approved, as shown on Page 3 under this item. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 10b RESOLUTION NO. 145-83 RESOLUTION APPROVING MODIFICATION TO CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND PERDUE, BRANDON, BLAIR AND FIELDER. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 1 Oc ORDINANCE NO. 87-83 ORDINANCE AMENDING SECTION 28-6.1 OF THE CODE OF ORDINANCES, TO INCREASE THE RESIDENCE HOMESTEAD EXEMPTION OF PERSONS 65 YEARS OF AGE OR OLDER. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 237 Item 5b ORDINANCE NO. 88-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT NORTH-SOUTH ALLEY BETWEEN STEPHENS ADDITION AND W.E. WILSON ADDITION. Moved by Councilman Harper, for discussion, that Ordinance No. 88-83 be passed. Motion seconded by Councilman Boston. Councilman Harper stated that he wants to be sure that we have some kind of deed restrictions as to what this can be used for, or screening, or whatever needs to be done. If the lot is sold we want to be sure the proper restrictions go with the lot. City Attorney H.P. Hodge thinks it is restricted against the sale of alcoholic beverages. The left hand portion is restricted against intoxicating beverages. The right portion which we own would have some restrictions on single family residences, but they expired in 1966. Mayor Pro tem Morris asked if we could not place restrictions on it? Mr. Hodge stated that he had no problem with the part that we own, but he did with the alley. The left side would take on the restric- tions against intoxicating beverages. We could put restrictions on the other part when it is sold. The motion was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 5b, cont'd. ORDINANCE NO. 89-83 AN ORDINANCE REOPENING A PORTION OF PLAZA PARKWAY CLOSED BY ORDINANCE NO. 64-83. Moved by Councilman Swift that Ordinance No. 89-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 5c v ORDINANCE NO. 90-83 ORDINANCE WAIVING SECTIONS 4-15, 22-1 AND 22-4 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF BEER FOR SUMMERFEST '83 AT LUCY PARK ON AUGUST 28, 1983. Moved by Councilman Swift that Ordinance No. 90-83 be passed. Motion seconded by Councilman Thomas. Councilman Wilson stated that he has been consistently opposed to the sale of beer in the parks. This is not reasonable when you consider our liability. It is difficult to control . He believes that a significant number of people do not favor beer in parks. Continual waiving of this ordinance is not sound business for the Council . This is hard to control under our liquor laws. Councilman Thomas suggested that we barricade all streets to the park except the new entrance to Seymour Highway, and put up signs. He stated that he did not favor selling beer to teenagers, but by not allowing these activities here we keep sending our people out of town for this type of activity. 238 Item 5c, cont'd. Steve Schoppa appeared as a member of the Summerfest program. He is employed by KKQV. Summerfest will provide food, beverage, and music in Lucy Park. Proceeds will go to Beacon Lighthouse for the Blind for a park to be located on land adjacent to them, and to be used by the blind. The American Red Cross will assist in first aid. They will also have an ambulance on site. Then plan to have 14 uniformed officers, along with 25-30 security personnel . They will use a different color stamp on hands to identify those over 19 years of age, and under 19 years of age. Tickets will be redeemed and identification required. No one under age 19 will be served beer. They will be using only the new entrance to Lucy Park. Other entrances will be barricaded. An insurance policy has been purchased for this event. They expect 3500-4000 people in attendance. Admission charge is $6.00 advance, and $7.00 at the gate. Gates will be open from 12:00 noon to 7:00 P.M. The amendment by Councilman Thomas to block all entrances except the Seymour Highway entrance, and posting of signs on the Seymour Highway was carried unanimously. The motion for passage of Ordinance No. 90-83 was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, and Boston Nays: Councilman Wilson Item 7b Bids were considered on the purchase of two 102 cubic yard transfer trailers. Councilman Thomas asked how many trailers we have now? Assistant City Manager Dane Bennett stated that we have three at present. This will make a total of five. Sanitation Superintendent Joe Leonard stated that the transfer station is designed for four load-out trailers, but we need a minimum of five trailers to operate efficiently. The low bid for two transfer trailers was awarded to Bocats, Inc. , Garden City, Kansas, in the amount of $68,691 , by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 7e Bids were considered on an annual supply of chlorine. Councilman Thomas asked if we have an inventory on chemicals? Acting Director of Public Utilities Jerry Gross stated that we use it as it is purchased. Fred Werner, Chief Accounting Officer, stated that he and Mr. Gross will look at the possibility of providing an inventory to see if it will be cost effective. Councilman Wilson stated that he is not comfortable with one bid. Dick Arndt, Purchasing Agent, stated that neither was he. The price is just under 20% higher than last year. The previous Monday they had a 28% increase from their supplier. We are restricted to the amount we can store. The turn-over is very good--not much inventory. There would be a savings of about ten percent if we had the storage. The cost payout would be five to six years. The bid was awarded to Dixie Petro-Chem in the amount of $83,890, by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Harper, and Boston Nays: Councilmen Thomas and Wilson Item llb James Palmer appeared for John Hirschi requesting paving adjacent to the Wichita Falls Area Food Bank warehouse. He requested that the City contribute 239 Item llb, cont'd. $17,400 from Community Development Block Grant funds for paving around this facility on Midwestern Parkway. He estimated that 75 percent of these products stay within the City of Wichita Falls. Councilman Swift supported their request for paving. Councilman Harper suggested that Miles Graham should be able to find some tax money for this at the Court House. Councilman Thomas stated that this is not a funded project, and it has come to where we may have to cut employees. The money is the biggest problem. If we keep on funding things we will have to rob something else. City Manager James Berzina stated that they have reached a point where they have to consider Community Development Block Grant funds in concert with other funds. The City is no longer in a position where we can entertain everyone' s request for funds. This is the message that should go out to both the Council and the citizens. We will be using these funds for bonafide city projects. John Hirschi appeared, stating that he understands that there is $52,000 available in unallocated Community Development Block Grant funds. Planning Director Roger McKinney stated that this is the contingency fund; however, Mr. Berzina has indicated a need for it. Mr. Berzina stated that these funds can be re-allocated for utilities, streets, etc. This needs to be carefully considered before we adopt any further projects. It was noted that social services account for 9.7 percent of the Community Development Block Grant budget. i Councilman Swift stated that the Kiwanis Club is backing this project. The least we can do is pitch in and do our part. Mayor Pro tem Morris pointed out that the question is that we do not know where the money will come from. It is not because it is not a worthy project. Councilman Thomas asked if this will hurt one of our other projects? Mr. McKinney stated that this is money not previously allocated, but Mr. Berzina wants to hold it for further study of our financial resources. Moved by Councilman Wilson that this request be tabled until we find out what monies are available. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Harper, Wilson, and Boston Nays: Councilmen Swift and Thomas Item llc Robert Seabury appeared to discuss designation of two locations as blighted areas. Mr. Seabury stated that his firm would like to build two projects; one, a showroom warehouse on Southwest Parkway, and a shopping center across from Sikes Senter mall . The projects would provide employment for hundreds of people. If these two areas were declared blighted they would be available for industrial revenue bond financing. He stated that the warehouse project will employ 15 people. The shopping mall will employ approximately 200 people. This will be a closed mall for small businesses. He stated that most of the mall is speculative, and he has no leases on the warehouse. Councilman Harper asked if these could be built in an already declared blighted area. Mr. Seabury stated that he did not think so. He stated that there is a need for this in the Southwest part of town. Planning Director Roger McKinney stated that he believed it would be difficult to consider this area blighted under the definitions given. Councilman Wilson asked that he read his report for the Denver Tank area, stating that it had some very spongy recommendations. 240 Item llc, cont'd. Mayor Pro tem Morris stated that he feels this is an abuse of industrial revenue bonds, but he agrees with Councilman Wilson that it promotes jobs for Wichita Falls, and this is something that would be very difficult for him to vote against. Councilman Harper stated that there is not any reason why the Council can rationalize this as a blighted area, so we may as well stop. Moved by Councilman Wilson that it be designated as a blighted area. A question arose as to how the property can be described. Mr. Seabury stated that the property has not been platted and dedicated yet. He cannot give a legal description until this has been done. Mr. Seabury presented a drawing of the area to the City Attorney, indicating that the property is bounded by Elmwood on the East, Homer's on the West, and Southwest Parkway on the South. Councilman Wilson amended his motion to include 3.6 acres on Southwest Parkway and 10.7 acres on Maplewood, as shown on Exhibit A. Motion seconded by Councilman Thomas. Councilman Harper stated that he believes the warehouse could be built in a blighted area somewhere else. The motion was carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, and Wilson Nays: Councilmen Harper and Boston Mayor Pro tem Morris later announced that the staff is directed to prepare for a public hearing on the blighted area. Item 12a A proposed ordinance was presented granting a waiver of Sections 8-2 and 27-5 of the Code of Ordinances pertaining to the advertising and selling of goods on public streets and sidewalks, for a period of 90 days. The Merchants. Asso- ciation requested this; however, they would like to reconsider their position after 90 days. A motion was made by Councilman Thomas, and seconded by Councilman Harper for passage of the ordinance. Councilman Thomas asked why we are granting a waiver? What is the problem? Councilman Harper stated that it is blighted. City Attorney H.P. Hodge stated that sometime ago the Council requested a revision of certain ordinances allowing merchandise on the streets. The downtown merchants would like to give it a trial period to see how it would work. Councilman Boston asked who would assume the ultimate liability in case there is a hazard? Mr. Hodge stated that is what bothers him. Councilman Thomas pointed out that if we waive the whole ordinance we have no control . Moved by Councilman Harper that this matter be tabled. Motion seconded by Councilman Swift, and carried unanimously. J.C. Boyd, 215 Hamilton Building, stated that the reason for the trial period was that there was some apprehension on the part of Sears. They could still visualize someone setting up shop in front of their business. Councilman Harper stated that he is not in favor of wholesale waiving of ordinances. 241 Item 12b f ORDINANCE NO. 91 -83 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS, AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1982 CAPITAL IMPROVEMENTS PROGRAM STREET CONSTRUCTION PROJECT 82-1 , MAKING PROVISION FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES. Moved by Councilman Boston that Ordinance No. 91-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 12c ORDINANCE NO. 92-83 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR PORTIONS OF AVENUES, STREETS, AND PUBLIC PLACES DESIGNATED AS THE 1982 CAPITAL IMPROVEMENTS PROGRAM STREET CONSTRUCTIONS PROJECT 82-1 IN THE CITY OF WICHITA FALLS, TEXAS: FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED: DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING: AND DECLARING AN EMERGENCY. Moved by Councilman Wilson that Ordinance No. 92-83 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Pro tem Morris, Councilman Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 12d ORDINANCE NO. 93-83 AN ORDINANCE REPEALING SECTION 15z-35 FEES, FLOOD DAMAGE PREVENTION, OF THE CODE OF ORDINANCES, CITY OF WICHITA FALLS, TEXAS. Moved by Councilman Wilson that Ordinance No. 93-83 be passed. Motion seconded by Councilman Swift, and carried by the following vote. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 12e ORDINANCE NO. 94-83 ORDINANCE GRANTING WAIVER OF ORDINANCE NO. 2834, SECTIONS 1 AND 2, TO ALLOW CONSTRUCTION OF A MEDIAN CUT ON SOUTHWEST PARKWAY FOR AN ACCESS EASEMENT FROM BARTLEY DRIVE. Moved by Councilman Thomas that Ordinance No. 94-83 be passed. Motion seconded by Councilman Wilson. City Manager James Berzina stated that the State cannot do anything about a median cut as long as our restriction is standing. This does not mean that the State will necessarily fund it. Councilman Harper and Morris stated that they are not willing to fund it. The motion was carried by the following vote. 242 Item 12e, cont'd. Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 12f Mr. Jimmy M. Kouri , of Kouri ' s Super Market, 1800 Hayes, requested an amend- ment to the alcoholic beverage ordinance to permit them to sell packaged beer, bottled wine, and champagne at their store. Moved by Councilman Harper that this item be tabled until the next council meeting, for ideas to re-design the areas where beer and wine can be sold; that distances from churches, schools, homes, etc. be considered, and not necessarily traffic ways. Motion seconded by Councilman Swift, and carried unanimously. Councilman Wilson asked why this is tied to state highways? City Attorney H.P. Hodge explained how it was originally designated for downtown. The ordinance was amended to allow any store selling alcoholic beverages to remain in that area after it was annexed. In 1969 the Council studied it. The idea was to keep it out of residential areas and confine it to highways because they were more generally developed as commercial . The Council later broadened it to allow the sale of wine and beer in restaurants on state highways. Convenience type stores have requested that we broaden the area where it can be sold, but that is getting away from the original philosophy of keeping them out of residential areas. Councilman Morris noted that we are talking about off-premise consumption. City Manager Berzina stated that in the absence of zoning, that will be a tough job. Item 13a Mr. Gary L. Thompson requested that the City allow him to extend a water line to his property (14 acres), which lies approximately one-fourth mile from the city limits adjacent to City View Lane. Apparently a Mr. Wise has a 2-inch line to his property which is North of Mr. Thompson. A motion was made by Councilman Wilson and seconded by Councilman Thomas to grant an exception to Resolution No. 1057. Councilman Thomas asked why we did not know about the line? Jerry Gross, Acting Director of Public Utilities, stated that they did know about the line. This is something which should not have occured, and is not a precedent for continued action. He stated that ten investors installed the line before it came into the city limits. He will recommend denial to Mr. Flatt. He is not one of the original investors. He is not contiguous to the city limits or to the line outside the city limits. Councilman Swift asked how often the meters are read? Mr. Gross stated they are read monthly. Councilman Swift stated that this is not true. Councilman Thomas asked if it would be feasible to annex these two people who are wanting water? Director of Planning Roger McKinney stated that one of the requirements is preparing a service plan on how long it will take to provide complete city services. It is so scarcely populated that it would not be cost effective to annex it at this time. Mr. Gross stated that they are now paying one and one-half times the rate paid by people in the city limits. He was not paying this rate at first. He stated that they have requests almost everyday for water outside the city limits. Mayor Pro tem Morris confirmed that they do not meet our requirements for providing them water. 243 Item 13a, cont'd. The motion failed by the following vote. Ayes: None Nays: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston it e___m 14a as recommended that the low bid for two 48,000 G W transfer tractors be It w in the awarded to Hodges Tire and Truck, Inc. , t the bid be awarded as recommended. Moved by Councilman Thomas tha Motion seconded by Councilman Swift, and carried unanimously. Ite_ m 14b. Bids lease at Lake Arrowhead. ids were considered on a gra RESOLUTION NO. 146-83 RESOLUTION AWARDING BID ON GRAZING LEASE OFNG223.5 ACRES NORTH OF THE LAKE ARROWHEAD DAM TO MOON & HALL, INC. Moved b Councilman Harper, for discussion, that Resolution No. 146-83 be passed. Motion seconded by Councilman Swift. Don Lyles, 2420 Brentwood, discussed what he termed gross inefficiency among some departments in the city. He made a lengthy presentation concerning his bout efforts to lease a tract of land at Lake torney'sooffidce.anHeawanteditocknowcts with who made the Parks Department and the City Athe property? Mr. Lyles distributed copies the decision to lease only half of the p p of his of the Moon and Hall bid, and requested permission all bids berad erepjectedsand re- to advertised. on this bid. Mr. Lyles recommended advertised. He also suggested that a complete audit be made of all real property owned by the City of Wichita Falls. Parks Director Bill Hursh stated thaidthe reducelonale they their bads if d in additional mending additional the higher bidder was that the others wou fencing had to be constructed. Mayor Pro tem Morris stated that it appears they will build the fence, but they will deduct it from the $7.00 per acre. the are City Attorney H.P. Hodge stated thseems clear to him the that basis for bhedirnbid. 1700 feet of fence. He stated that i The specifications called for a certain price pforacre, a ndengineeril so they will have to build 1700 feet of fence, and also pa Y Mr. Hodge stated that Mr. Lyles never rrowhead" . tell Theyhim needhit pinned wanted downoby bid a on, except the land "North of Lake Aaut. He does survey. He still does not know what acreaseher M .canydeterminelkitgwasothe consensus not know who made the decision. As b est of the staff involved. We want to pick eutandnsomething that that is lwill not linterfere in the best interest of the City to lease, with the City' s operation of Lake Arrowhead. Councilman Wilson asked where theremainder mai n er of this of this land dtis located? Mr. Hursh stated that it is apparently either Councilman Wilson stated that he cannot fromonaratelthelproperty and bunn, which may e �ng from someone giving this man permission to put cattle on it. There is mismanagement somewhere. Mayor Pro tem Morris asked who this man said gave him permission to put tthat up this fence? Mr. Hodge stated that Cetyawhooistnoked to longerhherebutM�t Hodge further it must have been someone from 244 Item 14b, cont-d. stated that he does not know who did this, and it is wrong, but he does no the good bidders should be penalized, t feel in unusual circumstances because of revelation ofthem. Someone throwing out good bids except previously bid would have access to this information if thshap who did not spent a lot of time on this. happened. They have Assistant City Manager Dane Bennett stated that he had talked with Dexter Parnell , Deputy Sheriff. It appears that the agreement was and it was protection of the Cit y. It seemed to be a week-to-week type of Bobbitt, operation. The fence has been there 16 years. The property was wild and wooly, and the City has gained some benefit from cleaning up trash. Mr. Bennett stated that from what he can determine, Mr. Hursh had little do with this. It bothers him when someone disparages a member of the city when they had no chance of getting the bid (Mr. Lyles bid to Bennett stated that he feels this is a legitimate and staff and the Council should accept it. $•id per acre). d g good bid from Moon and Hall , Councilman Thomas stated that no department should put out a bid unless it comes from the City Attorney. Mr. Hursh has all he can do by taking care of the parks, without getting into our property. Mayor Pro tem Morris expressed appreciation to Mr. Bennett for his comments. Mr. Hodge stated that he believes this is a bid from Moon and Hall , whoever they are, and not Zack Burkett. Moon and Hall signed the bid. Mr. Bennett st that there is probably some portion of the remaining land that can be leased bted he is not sure how much. He mentioned the pump station and spillway. ut City Manager James Berzina stated that there is an access problem. station and spillway are problems which Mr. Bennett pointed out, and thisTis thep reason why the whole tract was not bid. We will have a closed piece of property (223 acres) leased and fenced. Councilman Harper commended the City staff on what they have done one with this Zack Burkett III appeared as President of the company stating that Moon and Hall is a subsidiary of Zack Burkett. There is no Moon and Hall stationery. He is an officer of Moon and Hall , Inc. , and is authorized to bind the company in this lease. He discussed the intent of their bid. thatstrong reactions about throwing out bids for some ofHthetated same reasonsdders Mr. Hohave dge ave. Councilman Swift stated that Mr. McCluer stated that he would fence the g g two ends (1700 feet) for $6.61 per acre. There are 40 head of cattle on it. He believes the fence along the dam has not been there more than 7-8 years. Moon and Hall bid $7.00 for the same thing. Mayor Pro tem Morris asked about getting an inventory of the City's property. An amendment was moved by Councilman Thomas, and seconded by Councilman Harp to award the bid to Moon and Hall for $7.00 per acre with 1700 feet of fencing, per and that the present fence be left on City property if it is ours; if this plan is not workable then we would accept Item 3 for $5.00 per acre, plus 16,387 feet of new fence, plus $450 to cover the cost of surveying. The amendment was carried unanimously. vote.The motion for passage of Resolution No. 146-83 was carried by the following Ayes: Mayor Pro tem Morris, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 245 Item 15a Permission was requested to advertise for bids for construction of Kemp Public Library accessibility modifications. Mayor Pro tem Morris stated that he does not see that we should ask bidders to bid a project when we don't have the money. It is not fair. Director of Administrative Services Ed Barrett stated that this project was approved by the people in a bond issue. The elevator has been relocated outside the building. City Manager James Berzina stated that we will have to start prioritizing what we want most. Moved by Councilman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Councilman, and carried unanimously. Item 15b Permission was requested to advertise for bids for lease/purchase of a 65,000 pound class landfill compactor. Sanitation Superintendent Joe Leonard stated that the existing compactor is too small . Councilman Thomas stated that we cannot operate with $5.00 for trash pick-up two times a week. It was .noted that Mr. Berzina is looking at an increase in user fees. Moved by Councilman Harper that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Wilson, and carried unanimously. Item 16a Bob Jorgenson appeared, stating that he lives at River Oaks Motel . He stated that swimming pool regulations do not exist. The pool at River Oaks is in such poor repair that it can be seen from the freeway. It has algae, jagged metal , and a pipe sticking out. The drain cannot be seen. He stated that this condition also exists in three other motels. He requested that the Council support the Health Department in their recommendation that a motel swimming pool ordinance be adopted, with an acceptable water quality in public motel pools. The City Manager will look into this matter. Councilman Harper requested that the City Council and the School Board work with the youth in the City by writing an ordinance to set up a commission on youth entertainment in the City. Councilman Harper stated that he met with Faith Village residents in April , 1983. A letter was written on April 26, 1983. He requested that these people be invited to the next meeting to make their presentation to the Council . Councilman Harper also requested a resolution on the next council agenda to oppose the intention of the FAA to close the local flight service station. Councilman Thomas mentioned walking through Hamilton Park. It is clean in the evenings, and very dirty the next morning. There are no tickets for litter- ing in the City of Wichita Falls. We let people destroy it with trash. If the ball clubs are littering, then we are subsidizing them for their use of it. The City should notify these groups to monitor their teams, and make announcements at the games to carry their trash out. Also, pass it on to the patrol , and have extra police to try to enforce that. 246 Item 16a, cont'd. Street Superintendent Dave Tracey stated that one of his men caught a truck unloading trash. He took it to court, and he lost the case because of the way the law is written. It is almost impossible to convict because of the way it is written. Councilman Wilson stated that we can make a stiffer user fee to encourage them to clean it up. Councilman Swift thanked the Purchasing and Finance Departments for the information on plastic trash containers, stating that he intends to pursue it. Councilman Swift noted that people in Fountain Park have been working diligently for a municipal park which has been promised for many years. He would like to get this on the agenda as quickly as possible. Y Items 16b, c The City Council recessed at 11 :00 P.M. for an executive session pursuant to Article 6252-17, Paragraph (g) , of the revised civil statutes. The meeting reconvened at 11 :45 P.M. Moved by Councilman Wilson that Patricia Bradley be appointed to the Art Commission for a term from August 2, 1983 through April 30, 1984. Motion seconded by Councilman Thomas, and carried unanimously. Moved by Councilman Wilson that Richard Bailey and Terry Crain be appointed to the Traffic Safety Council for terms beginning August 2, 1983 through March 1 , 1984 and March 1 , 1985, respectively. Motion seconded by Councilman Thomas, and carried unanimously. Moved by Councilman Wilson that the following be appointed to the MH-MR Board of Trustees from August 2, 1983 through July 31 , 1985. a. Mrs. Broyles Hall - reappointed b. Tom Curran - reappointed c. Charles Ward d. Louise Hunter e. Dr. Dan Bolin Motion seconded by Councilman Thomas, and carried unanimously. Moved by Councilman Wilson that the following be appointed to the MH-MR Public Responsibility Committee, for terms as indicated. a. Joseph Koncelik - 8-31-83 through 8-31-84 b. Dr. James C. Conner - 8-31-83 through 8-31-84 c. Drucillia Scaling - 8-31-83 through 8-31 -84 d. Margie Johns - 8-31-83 through 8-31-85 e. Larry Lambert - 8-31-83 through 8-31-85 f. Linda Weber - 8-31-83 through 8-31-85 Motion seconded by Councilman Thomas, and carried unanimously. Moved by Councilman Wilson that James Farmer be appointed to the Design Review Commission for a term beginning August 2, 1983 through December 31 , 1984. Motion seconded by Councilman Thomas, and carried unanimously. The City Council adjourned at 11 :50 P.M. 1 247 Items 16b, c PASSED AND APPROVED this l� z day of s� 1983. i it 1 r Co Mayor ATTEST: 2 !/ A. Wilma J. Thomas, CMC, City Clerk