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Min 11/19/1985 83 Wichita Falls, Texas Memorial Auditorium Building November 19, 1985 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. Gary Cook Mayor Charles Harper Lindsey Walker Bill Palmer Councilmen Craig Wilson James Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Charles Thomas Absent The invocation was given by Charles King, Sacred Heart Catholic Church. Item 3 Councilman Harper noted that at the top of Page 69 of the minutes for November 5, 1985, his name is listed as voting, when the previous paragraph specifies that he will not be voting. He asked that his name be removed from the voting record. Moved by Councilman Welburn that minutes of the meeting held November 5, 1985, be approved, with the above correction. Motion seconded by Councilman Harper, and carried unanimously. Items 4a and 4b were deleted from the agenda. Mayor Cook read a proclamation honoring City Clerk Wilma Thomas for her more than 20 years of public service to the City and citizens of Wichita Falls, and to her profession. The proclamation is entered into the minutes of the City Council meeting of this date as an official action taken by the Council in gratitude and praise of this public employee. (Copy attached) Mayor Cook presented the proclamation to Mrs. Thomas, which had been signed by each member of the Council , thanking her on behalf of the Council and the citizens of Wichita Falls, for her public service. Mayor Cook noted that Mrs. Thomas was installed as President of the Texas City Clerks Association three weeks ago in San Antonio, and that they were present for the occasion. Mrs. Thomas expressed her grateful appreciation to the City Council for this honor. Items 5a-6b Moved by Councilman Wilson that the consent agenda be approved. Motion seconded by Councilman Palmer. 84 Item 5a RESOLUTION NO. 176-85 RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECES- SITY TO SKYLARK VAN SERVICE, INC. FOR OPERATION OF PASSENGER TRANS- PORTATION SERVICE IN WICHITA FALLS. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Items 6a ,b Minutes of the meeting of the Board of Electrical Examiners held October 10, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Walker, Pall,mer, Wilson, and Welburn Nays: None Minutes of the meeting of the Mayor's Commission on the Status of Women held September 5, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 7a ORDINANCE NO. 132-85 AN ORDINANCE MAKING AN APPROPRIATION FROM THE BOND INTEREST MONIES OF THE WATER AND SEWER FUND TO THE ACCOUNT NUMBERS LISTED BELOW Moved by Councilman Palmer that Ordinance No. 132-85 be passed. Motion seconded by Councilman Wilson. Mr. Bonnett explained that an appropriation is needed to fund the design engineering costs to convert the 1925 Imhoff tank at the River Road Wastewater Treatment Plant to an activated sludge system. The construction itself is expected to be a future bond issue. We will know more about construction costs when the design is completed, but he expects it to be about one million dollars. The motion was carried by the following vote. Ayes: Mayor Cook,Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 7b A lengthy discussion was held on a proposed ordinance to exclude non- human primates weighing less than 40 pounds, newts and salamanders, from the definition of wild animals. A motion was made by Councilman Wilson, and seconded by Councilman Welburn, for its passage. Mrs. Don Bennett, 2240 Piedmont Street, stated that they have had primates at the wildlife zoo for 20 years. She stated that the employee that was bitten by the chimpanzee had his hand in the cage. She stated that Dr. Bilder was the doctor for her animals. They have had their shots. They do not give monkeys rabies shots. They will not get it unless bitten by a rabid animal , or in contact with saliva. She stated that they take the same precautions for rabies, as with humans. She stated that in 12 days they can know if the person or primate bitten has rabies. She stated that if a person gets bitten by a primate, they are messing with that primate. They will not attack anything unless -it is being harrassed. She stated that their primates cry tears. She stated that the big male monkeys will bite, but not the small primates in Wichita Falls. She stated that the chimpanzee called Abagail weighs over 100 pounds, but that she poses no threat to the citizens of Wichita Falls. She stated that this large chimpanzee has played in her living room with her baby chimp. 85 Item 7b cont'd Councilman Palmer asked if she knows how many people own this type of pet? She stated that she knows of four or five, but only about three within the city limits. Councilman Walker asked if she had any record of her animals having been bit by a rabid animal ? She stated that she knew of none. Councilman Palmer asked if she were aware that this ordinance deals with primates weighing less than 40 pounds, and what would that do to her 150 pound animal ? She stated that she was aware of it. The wildlife zoo is outside the city limits. j Dr. Cox stated that the Texas Department of Health has told him that they do not know the incubation period of rabies in monkeys. There have been monkeys and chimpanzees which have had rabies. In Dallas and Fort Worth they do not allow any primates at all . In Houston they allow primates that will not weigh more than 20 pounds when grown, but they wish they did not have any monkeys at all . Dr. Cox stated that they will bit someone without pro- vacation. In San Antonio, monkeys are allowed, but many of the people there wish they did not allow them. A City Councilman's monkey bit a policeman, which caused a lot of furor. He does not think primates should be allowed. An organgatang weighing 15 pounds was extremely dangerous. Those less than 20 pounds are much more likely to bite than those who get to 100 -150 pounds. Dr. Cox further stated that he also has some reservations about non-poison- ous snakes less than six feetin length, stating that they will get much longer. He spoke of an 8-foot python that crushed a baby in 1980 in another city. He was in a pet shop here that had a snake two to two and one-half feet long. Another snake right by it was U- 12 feet long. It disturbs him when they get longer than 6 feet. He would want to deny any snake that at its maturity would grow to more than 5-6 feet in length. Councilman Walker asked Dr. Cox what his personal experience has been with this type of situation? Dr. Cox stated that his personal experience has been nil , and that was why he went to other experts for their advice. There does not seem to be any problem in Wichita Falls except the two persons in the zoo in Archer County that were bitten by a chimp. Dr. Cox stated that the veterinary division in Austin advised him to avoid passing an ordinance to allow primates because he would have trouble. Mayor Cook asked if he is suggesting that owners of primates should be looked at on an individual basis? Dr. Cox feels that they should be, and that a specific waiver be given by the Council . He does not want to allow any more of them to come into town. He further stated that he has fears of taking monkeys to schools or nursing homes for pictures. He does not believe that primates should be allowed in public. Councilman Wilson clarified that monkeys were not allowed previously. Dr. Cox stated that they were included in wild animals, but they were not specifically spelled out. It has been enforced for any wild animals when they find that a person has a wild animal . Councilman Palmer asked Dr. Cox if he could work with this three to five families, and come back to the Council with some controls for them, if this ordinance is defeated? Dr. Cox stated that he does not feel they should be sold in Wichita Falls, nor should they be allowed to get any more. He would feel much more comfortable not passing this ordinance, and letting them prove their case to the City Council . Councilman Palmer asked where he could get a monkey if he wanted one? Mrs. Bennett stated that he could buy one from her. Councilman Harper asked Mrs. Bennett how she gets around being a pet store? She stated that pet stores cannot sell monkeys . Dr. Cox stated that she is outside the city limits. That is the reason she can get away with it. Joe Scruggs, Route 3, Wichita Falls, stated that any animal can be dan- gerous, and can bite. He stated that he talked with Charlotte Roy, Animal Control Officer in Abilene, who stated that they have no ordinance, and no problems. He stated that he also talked with Thomas Formby, in Lubbock. They have an ordinance that accepts all wildlife with proper permits, etc. Dr. Cox stated that if a monkey or chimp bites someone, we have no way of knowing the quarantine period of that primate. This is information he received from Austin. If the person that is bitten is not satisfied to wait 88 Item 7g c:ont'd Moved by Councilman Welburn that Ordinance No. 136-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 8a RESOLUTION NO. 177-85 RESOLUTION TO APPROVE CONTRACT WITH CONSULTING FIRM FOR 1925 IMHOFF TANK CONVERSION PROJECT Moved by Councilman Harper that Resolution No. 177-85 be passed. Motion seconded by Councilman Welburn. Councilman Harper asked if it will take a year to complete it? Mr. Bonnett stated that they have an October 1986 completion date. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 8b was postponed until after the executive session. Item 8c A proposed resolution was presented authorizing condemnation of construction and drainage easements across the Wichita Falls Country Club. A motion was made by Councilman Harper, and seconded by Councilman Palmer, for its passage. City Attorney H. P. Hodge stated that the Council should add a sentence showing that condemnation is necessary. Moved by Councilman Welburn that this be tabled and re-worked. The City Manager stated that this is tied to the Holliday Creek project, and there is a time problem. If we can accept this wording, it will help US. Councilman Welburn stated that this is just one more example of sloppy staff work. They have had these packets since Thursday, and there would have been the opportunity to review these. He is concerned about approval of a document that he has not seen. Mayor Cook stated that he believes we all share his concern. It was agreed that this item be delayed until the staff brings back a typed resolution later in the meeting. Item 9a RESOLUTION NO. 178-85 RESOLUTION TO AWARD BID FOR PHASE I OF THE HOLLIDAY CREEK EXCAVATION PROJECT Moved by Councilman Harper that Resolution No. 178-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None George Bonnett was complimented for the savings to the City. 89 Item 9b RESOLUTION NO. 179-85 RESOLUTION TO AWARD BID FOR 1985 CDBG WATER LINE REPLACEMENT PROJECT Moved by Councilman Harper that resolution No. 179-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 9c RESOLUTION NO. 180-85 RESOLUTION TO AWARD CONTRACT D FOR CYPRESS STREET WATER TREATMENT PLANT EXPANSION PROJECT Moved by Councilman Harper that Ordinance No. 180-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None i Item l0a RESOLUTION NO. 181-85 RESOLUTION TO APPROVE CHANGE ORDER NO. I FOR BARNETT ROAD UTILITY RE- LOCATION PROJECT Moved by Councilman Palmer that Resolution No. 181-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item lOb RESOLUTION NO. 182-85 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO CONTRACT A, CYPRESS STREET WATER TREATMENT PLANT EXPANSION PROJECT Moved by Councilman Welburn that Resolution No. 182-85 be passed. Motion seconded by Councilman Harper. Councilman Welburn again stated that it shows what can be done with a quality staff. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 10c RESOLUTION NO. 183-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR 38TH STREET PROJECT 84-2 COMMUNITY DEVELOPMENT STREET CONSTRUCTION 90 Item lOc cont'd Moved by Councilman Palmer that Resolution No. 183-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item lOd RESOLUTION NO. 184-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THOMPSON ROAD PROJECT 83-2 COMMUNITY DEVELOPMENT STREET CONSTRUCTION PROGRAM Moved by Councilman Wilson that Resolution 184-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item lOe RESOLUTION NO. 185-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE 1985 PAVEMENT OVERLAY PROGRAM Moved by Councilman Harper that Resolution No. 185-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item lla Mayor Cook noted that a Certificate of Conformance for the annual financial report for the fiscal year ending September 30, 1984, has been awarded to City. This is the highest award that a government can receive for the com- prehensive annual report. A financial reporting award was also presented to Fred Werner and his staff for having achieved this Certificate of Conformance. It is a very unusual high honor. Fred Werner stated that this is the first time in fifteen years that the City has received this award. He credited his staff and the accounting firm of Hupp and Thompson for the award. Dennis Thompson complimented the City and staff for this recognition, stating that there are 80,000 governmental accounting units in the United States . There were 896 annual statements presented to them for review. Out of this number there were only 675 reports that received this award. The State of Texas received 124 of these. Mr. Werner had submitted reports only twice. Mr. Thompson stated that we were lucky it was received the second time. Councilman Wilson stated that there is a difference in being good and lucky. Mr. Thompson stated that Standard and Poor' s will not really commit, but they feel it plays a significant role in the bond rating of a city. The City Council recessed at 10:15 A.M. to participate in the ribbon cutting at the Texas Tourist Bureau for Interstate 44. The meeting resumed at 11 :20 A.M. Item 8c, cont'd The City Manager stated that this is a friendly condemnation in order to establish the cost. This seems to be the best way to approach it. 91 i Item 8c cont'd RESOLUTION NO. 186-85 RESOLUTION AUTHORIZING CONDEMNATION OF CONSTRUCTION AND DRAINAGE EASEMENTS ACROSS THE WICHITA FALLS COUNTRY CLUB Moved by Councilman Wilson that Resolution No. 186-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item llb Harry Campsey and Graham Ball appeared concerning the request of the Boys ' Club to deed the property on which the Central Boys ' Club is located to the Boys ' Club. Mr. Campsey stated that it was given to the City in 1914 for a park. The donors wanted it to be used for young boys. The Boys Club built a building. He presented a document to City Attorney H. P. Hodge from the heirs of the property. Mayor Cook requested Mr. Hodge to review the document, and prepare the necessary instruments to convey the property to the Boys ' Club. Mr. Campsey presented an already prepared quit claim deed to the City Attorney. Mayor Cook noted that it could be included on the December 3, 1985, agenda. Assistant City Manager Edward Barrett presented a report to the Council on the cost of operating pool and individually assigned vehicles in the police department. He stated that Central Garage overhead is not included in the system. There is a very slight difference in operating costs between the two. Councilman Palmer requested the fuel costs. Operating costs are 18.4 cents per mile for individually assigned vehicles, and 19.2 cents for pool vehicles, a difference of only .8 of a cent. Mayor Cook recognized Jack Murphy, new Parks and Recreation Director for the City, and Troy Jensen, new employee in the Public Information office. Councilman Harper asked Roger McKinney if they had something ready on Brook Street? Mr. McKinney stated that he would anticipate it going to the Planning and Zoning Commission the second Wednesday in December. Councilman Harper stated that the compromise he worked out with the parties involved thought it would be ready in December. Mr. McKinney did not think it would be ready for them, with notification requirements. Item llc The City Council recessed into executive session at 11 :40 A.M. , according to Article 6252- 17, Section 2, Paragraphs (g) and (e) , of the Revised Civil Statutes. The meeting resumed at 2:17 P.M. Item 8b RESOLUTION NO. 187-85 AUTHORIZING THE CITY MANAGER TO NOTIFY THE GOLF PROFESSIONAL OF THE CITY' S INTENT NOT TO EXERCISE ITS OPTION TO RENEW GOLF PROFESSIONAL' S CONTRACT Moved by Councilman Wilson that Resolution No. 187- 85 be passed, by adding the following language to the last word of the resolution: "and the City Manager is further authorized to take whatever steps necessary to provide for a smooth transition to the managed golf course proposal submitted by Recreation Development and Management Group. " 92 Item 8b cont'd Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item lld Moved by Councilman Palmer that Craig Wilson be appointed to the Tax Appraisal Board for a two- year term, beginning January 1 , 1986, and that Gary Cook be appointed for a one-year term, beginning January 1 , 1986. Motion seconded by Councilman Welburn, and carried unanimously. Mayor Cook stated that it is the intent of this Council , in consideration of the consultant's convention center study, that the Council will begin immediate work on this report, and that the Council will function as a Committee of the Whole, and they will establish work sessions and invite persons to participate. They will also look at the river project as another major project in the city. It is their intent to have some resolution to these projects by the end of February or early March. The City Council adjourned at 2:22 P.M. PASSED AND APPROVED this �/�.(� day of 1985. G C Mayor i i / f ATTEST: if J. Thoma , CMC, City Clerk � OFFICE OF THE MR=AY0JRR*v� CITY OF 510 employees of the City of Wichita Falls re- lect to the community the expertise with which City Government is run, and WHEREAS, loyalty, dedication and knowledge of the job are all important to accomplishment of desired City goals, and WHEREAS, one individual, Wilma J. Thomas, has displayed over the last 20 years her abilities in carrying out the responsibilities of City Clerk for the City of Wichita Falls, and WHEREAS, her interest in her position has been demonstrated in her further achievements in her fields such as serving as a member of the Texas Legislative Council Advisory Committee for Election Code Revision in 1984 and 1985; additional study in the Academy for Advanced Education through the International Institute of Municipal Clerks, 1981 and 1985, bearing the distinction of the first Texas City Clerk admitted to the academy; her initial certification as Municipal Clerk in the In- ternational Institute of Municipal Clerks which she has served in var- ious offices and as Chairman of the Academy Committee in 1983 and '84, and her current high office as President of the Association of City Clerks and Secretaries, NOW, THEREFORE, BE IT RESOLVED that this proclamation in honor of WILMA J. THOMAS, CITY CLERK WICHITA FALLS, TEXAS be permanently entered into the minutes of the City Council meeting of November 19, 1985, as an official action taken by the Council in grati- tude and praigele of is ptzbl'c employee. ,mob. CQlok, Mayor Charles Harper, C it harles Thomas, uncilma Ja tqelbuFh, Councilman Bill Pa r, Co cif n Lindsey Walk Councilman Craig Wilson unciIman