Min 07/15/1986 286
I
Wichita Fall , Texas
Memorial Auditorium Building
July 15, 1986
Item 1 & 2
The City Council of the City of Wichita Falls, Texas, met in called
session on the above date in the Council Room of the Memorial Auditorium
Building at 5:30 o'clock P.M. , with the following members present.
Charles Harper Mayor
Sandy Goff
Charles Thomas
Ruth Ann Allred Councilmen
Ronald Buffum
Don Kirkham
Lindsey Walker
James Berzina City Manager
H. P. Hodge City Attorney
Wilma J. Thomas City Clerk
Fred L. Werner Chief Accounting Officer
The invocation was given by Wendell Elms, Life Tabernacle.
Item 3
Moved by Councilman Goff that minutes of the meetings held June 3 and
July 1 , 1986, be approved.
Motion seconded by Councilman Thomas and carried unanimously.
Charles Harper, Mayor, read a poem by Edward Markum on a circle of love.
Items 4a - 6a
Item 6a was moved to the regular agenda.
Moved by Councilman Buffum that the consent agenda be approved.
Motion seconded by Councilman Kirkham.
Item 4a
RESOLUTION NO. 98-86
RESOLUTION TO AWARD BID FOR INSTALLATION OF SEWER LIFT STATION
TO WALKER BORING COMPANY.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 4b
The bid for a 36-foot aerial truck was awarded to Commercial Body
Corporation, in the amount of $39,777.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 5a, b
a. Minutes of the meeting of the Mayor' s Commission on the Status of
Women held May 1, 1986, were received.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
287
Item 5a, b Con't
b. Minutes of the meeting of the Zoning Board of Adjustment held
June 18, 1986, were received.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 6a
Moved by Councilman Thomas for discussion, that tax refunds be made
to Milgo Leasing in the amount of $1,279.87, and to American Medical
Management, in the amount of $1,408.43.
Motion seconded by Councilman Kirkham.
Councilman Thomas asked why we are having double payments? Fred Werner
stated that sometimes companies change hands, and both parties send in a
payment. The tax office handles it by the computer rejecting it. He further
stated that one out of three tax refunds is less than $500. He noted that
he can report this information to the Council . Some are caused by sales;
some are bookkeeping errors. None are the City' s fault.
The motion was carried unanimously.
Item 7a
A public hearing was opened on annexation of two tracts of land. The
City Attorney explained that state law required two public hearings. This
give any affected person the right to be heard before the annexation
ordinance is introduced. No one desired to be heard, and the public hearing
was closed.
Item 8a
RESOLUTION NO. 99-86
RESOLUTION APPROVING THE APPRAISAL OF 30 UTILITY EASEMENTS FU
THE CYPRESS-REILLY ROAD WATER LINE, SETTING JUST COMPENSATION,
AND AUTHORIZING PURCHASE OR CONDEMNATION.
Moved by Councilman Thomas that Resolution No. 99-86 be passed.
Motion seconded by Councilman Walker.
Councilman Thomas asked if this is the entire amount for the right-
of-way, and Mrs. Chasteen stated that it is. Mr. Bonnett stated that this
project covers nine miles.
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8b
RESOLUTION NO. 100-86
RESOLUTION APPROVING THE APPRAISAL OF PARCELS #48 AND #49 FOR
THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, SETTING JUST
COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION.
Moved by Councilman Thomas that Resolution No. 100-86 be passed.
Motion seconded by Councilman Kirkham.
Councilman Thomas stated that this looks like a fair value, and called
for the question. The vote in favor of the question was unanimous.
The motion for passage of the resolution was carried by the following
vote.
288
Item 8b Con't
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8c
RESOLUTION NO . 101-86
RESOLUTION TO APPROVE OVERSIZE COSTS FOR THE RELOCATION OF A
SEWER LIFT STATION ON KEMP BOULEVARD
Moved by Councilman Buffum that Resolution No. 101-86 be passed.
Motion seconded by Councilman Goff.
The need for replacement of this sewer lift was noted by Charles Harper,
Mayor. Mr. Berzina stated that this does not automatically permit issuance
of a building permit until proper action has been taken and resolved. He
further explained that the contractor, not the City, took bids on this project.
Mr. Bonnett stated that they will wait for expected litigation before they
start on it.
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8d
RESOLUTION NO. 102-86
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY
EASEMENTS IN THE J. V. WHEELER SURVEY, ABSTRACT 377, APPROVING
APPRAISALS OF PARCELS #360, #361, AND #362, SETTING JUST
COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION.
The City Manager stated that this purchase would allow us to acquire
a sewer easement in this area, located in Morningside Addition.
Moved by Councilman Goff that Resolution No. 102-86 be passed.
Motion seconded by Councilman Allred.
Councilman Thomas asked if the sewer line isn't already there, and
Mr. Bonnett stated that it is, but they have had trouble with it. Also,
there has been a house built over it.
City Attorney, H. P. Hodge, explained that normally if you have owned
something for ten years, there is a statute of limitations; however, if the
owner does not know the line is there, it is very shaky to try to claim
limitations on it. The owner has to be notified, and aware of it.
Mr. Bonnett stated that they need the Council 's approval before they approach
the property owners for easements. He thinks the line is under an add-on
to the house.
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 9a
RESOLUTION NO. 103-86
RESOLUTION TO APPROVE CHANGE ORDER #3 TO CONTRACT D, CYPRESS
EXPANSION PROJECT.
Moved by Councilman Thomas that Resolution No. 103-86 be passed.
Motion seconded by Councilman Kirkham.
Mr. Bonnett stated that this is to remove the dome to see if the tank
can be salvaged. The walls have been stabilized. This is to clean out,
and get ready for engineers ' inspections.
289
Item 9a Con't
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 9b
RESOLUTION NO. 104-86
RESOLUTION TO ACCEPT PROJECT TO CONVERT LOW RATE TRICKLING
FILTER TO SLUDGE DRYING BEDS, AND AUTHORIZE FINAL PAYMENT FOR
THE PROJECT.
Mr. Bonnett explained that this, trickling filter was built in 1925-26.
They have converted the old one to sludge beds, and it is working very well .
Moved by Councilman Allred that Resolution No. 104-86 be passed.
Motion seconded by Councilman Buffum, and carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 9c
RESOLUTION NO. 105-86
RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT
TO THE CONTRACTOR FOR COMPLETION OF THE SANITARY LANDFILL SOIL
LINER.
Moved by Councilman Thomas that Resolution No. 105-86 be passed.
Motion seconded by Councilman Goff.
Councilman Thomas commented that the EPA is causing this city a lot
of expense in the future. We may need to go to bags. This has been mandated
by the state and federal government. Mr. Bonnett stated that our landfill
costs will be significantly escalated. A sanitary landfill in an arid area
is a lot different from moist areas, yet the statute does not make any
differentiation. Ultimately, the City will have to go to some type of
incineration, which will cost four to five times as much as our present
operation. Councilman Thomas noted that it will cost about as much as it
will to build Lake Ringgold, and that it scares him.
Councilman Kirkham noted that putting in liners is a recurring thing.
He wonders how long it will take to fill this up? Mr. Bonnett stated that
we have just started. This will get us through January, 1987. The next
budget will have some figures in it for their consideration. It looks to
him like it is cheaper to contract.
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 9d
RESOLUTION NO. 106-86
RESOLUTION TO ACCEPT THE 1985 CDBG WATER LINE REPLACEMENT PROJECT
AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR.
Moved by Councilman Allred that Resolution No. 106-86 be passed.
Motion seconded by Councilman Goff.
Councilman Buffum noted that it is good to see it come in under the
estimate.
290
Item 9c, cont'd
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 10a
Nine or ten people were identified in the audience, by Charles Harper,
Mayor, who indicated they would not have been here in daytime. Boy Scout
Troop 144 was recognized. The scouts are studying for their merit badges.
Charles Harper, Mayor, asked about information on a proposed task force
for the aging. Mr. Berzina stated that he would get the information for
them to consider.
Discussion was held on the August meetings. Both Councilmen Walker
and Kirkham preferred night meetings. Councilman Kirkham stated that some
people had contacted him stating that they would like to see them held at
6:00 or 6:30. Councilman Thomas noted that there is another side that would
like to get home earlier. He had also received some comments.
Charles Harper, Mayor, stated that he is concerned about the publicity
on Lake Wichita Dam. George Bonnett stated that there is no new information,
with respect to the Lake Wichita dam. The Water Resources Department noted
that the dam was unsafe. The citizens of Wichita Falls lined up to pay for
their share of construction on the dam. These funds are sufficient to pay
the local match of the federal program, or it is enough to pay for a channel
on Holliday Creek for a 20-year flood. If we do not get a federal grant,
there will not be sufficient funds to pay for either of these, or McGrath
Creek. We will maintain the water level at 976 feet, or below. We can handle
a 70-80 year storm. If it gets above 976 feet, it makes for a 15-20 year
flood. If we can hold it at 976 feet, the problem is not that great. We
could ask the Council , and all of our citizens, to work with their congressional
representatives to get that bill passed.
Charles Harper, Mayor, stated that the citizens of Wichita Falls are
not sitting here with a cocked gun at their heads, at reported by the Dallas
Morning News. Mr. Bonnett felt that they were addressing the whole problem;
not just Wichita Falls.
Councilman Walker asked Mr. Bonnett to address the Harding Street problem
of dust and street sweepers. Mr. Bonnett stated that they are working very
closely with the contractor to get street sweepers on the haul route. They
are asking them to bear with us in trying to mitigate the problem. Council-
man Walker stated that he followed a truck, and the wind was blowing dirt
off the truck. He would like to see them use that street sweeper more.
Councilman Thomas stated that at one time they raised the lake spillway
two feet. At that time, the water would have been within two to three feet
from the top of the dam. Public Utilities has taken some dirt out of Lake
Wichita, and put it on the dam. There is a built-in double protection from
the lake being topped. The dam has been lengthened and raised, and the
Sisk Road extension, when it was built, has made a natural dam.
Charles Harper, Mayor, stated that Dr. Rodriquez is most concerned with
what is going on in Austin, pertaining to Midwestern State University. He
would like the Council to go on record about maintaining Midwestern State
University as a university the way it presently is. He requested that the
Council direct the staff to prepare a resolution to the Board of Higher
Education, expressing support of Midwestern State University as it presently
exists. The Council agreed to this. The state committee will meet on
August 8, 1986.
291
Item 10a Con't
City Attorney H. P. Hodge explained to the boy scouts what an executive
session is, and what the Council can discuss. Councilman Kirkham noted that
all action taken has to be done in public forum.
Councilman Walker stated that he had received a number of calls in the
Ben Donnell area. There seems to be an increase in criminal activity, and
the residents wonder what they can do to assist the police. Chief Harrelson
stated that if they have not started a neighborhood watch group, then that
would be the best thing they could do. He will address the response time
for a resident out there today. Councilman Walker noted that getting citizens
involved is a key factor.
Lynn Shaw, with A-1 Rentals, stated that he rents portable signs. He
does not know what has taken place at the meeting this afternoon, with Planning.
Roger McKinney stated that he met with two people, and went over the sign
ordinance requirements. They will begin reinforcing this ordinance.
The City Council adjourned at 6:45 P.M.
PASSED AND APPROVED this day off 1986.
Cl
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Charles Harper, Mayor
ATTEST:
"Wilma J. ThodYas, CMC, City Clerk