Min 10/07/1986 344
Wichita Falls, Texas
Memorial Auditorium Building
October 7, 1986
Item 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 following members present.
Charles Harper Ma or
Sandy Goff
Charles Thomas
Ruth Ann Allred Councilmen
Ronald Buffum
Don Kirkham
Lindsey Walker
James Berzina City Manager
Jeanie Thompson Asst. City Attorney
Wilma J. Thomas City Clerk
Fred L . Werner Chief Accounting Officer
The invocation was given by Richard Nourse, Trinity Presbyterian Church.
Charles Harper, Mayor, read a poem by Longfellow.
Item 3
Moved by Councilman Kirkham that minutes of the meeting held
', September 16, 1986, be approved.
Motion seconded by Councilman Walker, and carried unanimously.
Item 4a - 8d
Item 6a was moved to the regular agenda.
Movc�, by Councilman Goff that the consent agenda be approved.
Motion seconded by Councilman Buffum.
Item 4a
Bobby Whiteley, a Park Department employee, was honored as Employee
of the Month for October. Charles Harper, Mayor, presented him with a plaque,
a City of Wichita Falls pin, and two tickets each to a theatre and dinner.
Item 5a
ORDINANCE NO. 84-86
ORDINANCE CHANGING THE TIME OF SECOND CITY COUNCIL MEETING IN
OCTOBER, NOVEMBER, AND DECEMBER, 1986, TO 5:30 O'CLOCK P.M.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 7a
RESOLUTION NO. 150-86
RESOLUTION TO ACCEPT INSTALLATION OF AIR CONDITIONING SYSTEM AT
WASTEWATER TREATMENT PLANT AND AUTHORIZE CITY MANAGER TO MAKE
FINAL PAYMENT
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
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Item 8a
Minutes of the meeting of the Planning and Zoning Commission held
September 10, 1986, were received.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8b
Minutes of the meeting of the Board of Electrical Examiners held
September 11, 1986, were received.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8c
Minutes of the meeting of the Wichita Falls - Wichita County Public
Health Board held August 22, 1986, were received.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8d
Minutes of the meeting of the Arts Commission held September 23, 1986,
were received.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 6a
RESOLUTION NO. 151-86
RESOLUTION APPROVING A CONTRACT WITH BARNES MAINTENANCE SUPPLY
COMPANY FOR JANITORIAL SERVICES AT THE KEMP PUBLIC LIBRARY
Moved by Councilman Buffum, for discussion, that Resolution No. 151-86
be passed.
Motion seconded by Councilman Thomas.
Councilman Buffum asked how the figures were arrived at for establishing
criteria? Mr. Barrett stated that they were set three years ago to see if
it would cost us less than what we were doing it for. They felt that they
could get better compatibility by using this method. The cost was $15,000
three years ago. The City specifies what they are willing to pay, and the
bidder specifies what he can do for that price. They paid $14,000 last year,
and Barnes has bid that amount this year.
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 9a
ORDINANCE NO. 85-86
ORDINANCE AMENDING ORDINANCE NO. 63-84, TO CHANGE THE FEES FOR
PARKING AT SCOTLAND PARK OVERNIGHT RECREATIONAL VEHICLE PARK
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(Item 9a (Cont)
Moved by Councilman Thomas for discussion, that Ordinance No. 85-86
The passed.
Motion seconded by Councilman Buffum.
Councilman Thomas suggested that the user fee be changed from $4.00
to $5.00, instead of $6.00. This would make it as convenient as possible
for the users to be honest. Jack Murphy agreed with the $5.00 fee.
Moved by Councilman Thomas that the ordinance be changed to $5.00.
{ Motion seconded by Councilman Buffum, and carried unanimously.
The motion for passage of the ordinance, as amended, was carried by
the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 9b
ORDINANCE NO. 86-86
ORDINANCE ESTABLISHING POLICY ON PROVIDING FREE RENTAL OF THE
ACTIVITIES CENTER AND MEMORIAL AUDITORIUM FOR CONVENTIONS WHOSE
PARTICIPANTS OCCUPY A SPECIFIED NUMBER OF HOTEL/MOTEL ROOMS
Moved by Councilman Goff that Ordinance No. 86-86 be passed.
Motion seconded by Councilman Allred, and carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
p Kirkham, and Walker
y Nays: None
Item 9c
ORDINANCE NO. 87-86
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA
FALLS, BY ANNEXING A CERTAIN TRACT OF LAND ADJACENT TO THE TERRI-
TORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACT
OF LAND AND SERVICE PLAN FOR SUCH TRACT OF LAND ARE DESCRIBED
IN THIS ORDINANCE
Moved by Councilman Kirkham that Ordinance No. 87-86 be introduced.
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 10a
RESOLUTION NO. 152-86
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT DISCOUNTED MEDICAL
SERVICE AGREEMENT BETWEEN BETHANIA REGIONAL HEALTH CARE CENTER
AND THE EMPLOYEE BENEFIT TRUST FUND OF THE CITY OF WICHITA FALLS
Moved by Councilman Allred that Resolution No. 152-86 be passed.
Motion seconded by Councilman Kirkham.
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Item 10a (Cont. )
Mr. Berzina stated that this is a voluntary program, and they are looking
at some others. Councilman Thomas noted that General Hospital is interested
in making a proposal . Mr. Berzina stated that this is not exclusive with
Bethania. He noted that they were contacted, and they were not interested.
Councilman Thomas noted that management is not aware of this.
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 10b
RESOLUTION NO. 153-86
RESOLUTION APPROVING CERTAIN GRANTS TO THE ARTS AS RECOMMENDED
BY THE WICHITA FALLS ARTS COMMISSION
Moved by Councilman Thomas that Resolution No. 153-86 be passed.
Motion seconded by Councilman Allred.
Councilman Buffum wondered why Back Door was set at $6,900, rather than
$7,500? Councilman Goff stated that the Arts Commission had to scale down
some of these in order to stay within the $45,000 range.
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 10c
RESOLUTION NO. 154-86
RESOLUTION ESTABLISHING POLICY ON OUTSIDE AGENCY FUNDING BY CITY
OF WICHITA FALLS
Moved by Councilman Goff that Resolution No. 154-86 be passed.
Motion seconded by Councilman Walker.
Charles Harper, Mayor, asked if this covers the child care center?
Mr. Barrett stated that it does, since it is a city center. Councilmen Buffum
and Kirkham, along with Charles Harper, Mayor, received clarification on
their questions. Councilman Kirkham wanted to know what would happen if
the tax changes. Following discussion by the Council , it was agreed to
re-word the section on hotel/motel occupancy tax by eliminating six percent
(6%) from the language therein.
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Allred, Buffum, Kirkham,
and Walker (Councilman Thomas was out of the room)
Nays: None
Charles Harper, Mayor, recognized Bergermeister Max Steer, his wife,
Johanna , Franz Fuesenegger, and Siegfried Pscherer, of Furstenfeldbruck,
Germany, with honorary citizenship certificates. The fifteen member Stad-
tkapelle (band) from Furstenfeldbruck was also presented a commendation of
merit for their appearances and performances while visiting in Wichita Falls.
Each member of the band, as well as the other guests, also received a City
of Wichita Falls pin. Pins were also given to two citizens of Wichita Falls,
who kept some of these young people in their homes. Charles Harper, Mayor,
expressed appreciation to our guests for them being here.
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Item 10d
RESOLUTION NO. 155-86
RESOLUTION TO APPROVE ENGINEERING CONTRACT FOR 1987 BUDGET UTILITY
IMPROVEMENTS PROJECT
Moved by Councilman Goff that Resolution No. 155-86 be passed.
Motion seconded by Councilman Allred.
Several questions were asked by various councilmen, and discussion held,
on the amount of contact with the design firm, and the need for meetings
with city officials. Councilman Buffum was concerned about our exposure.
Mr. Bonnett answered their questions. It was also noted by Councilman Buffum
that this wording is not in the Jasper Street water plant contract that they
will be considering next. Mr. Bonnett noted that it should be in there.
The question was called on the motion, and the motion on the question
was carried unanimously.
The motion for passage of Resolution No. 155-86 was carried by the
following vote.
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred,
and Kirkham.
Nays: Councilman Buffum
Item 10e
Moved by Councilman Kirkham that consideration of the engineering contract
for Jasper Street water treatment plant be tabled until the next council
meeting.
Motion seconded by Councilman Walker, and carried unanimously.
Item 10f was removed from the agenda.
Item lla
RESOLUTION NO. 156-86
RESOLUTION TO AWARD BID FOR REMOVAL OF SLUDGE, INTERIOR CONCRETE
AND PIPING FROM 1925 IMHOFF TANK
Moved by Councilman Goff that Resolution No. 156-86 be passed.
Motion seconded by Councilman Thomas, and carried by the following
vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item llb
RESOLUTION NO. 157-86
RESOLUTION ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY
AND AUTHORIZING THE EXECUTION OF DEEDS
Moved by Councilman Thomas that Resolution No. 157-86 be passed.
Motion seconded by Councilman Kirkham, and carried by the following
vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
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Item llc
RESOLUTION NO. 158-86
RESOLUTION ACCEPTING BID OF BEAVER CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF THE LANDFILL SOIL LINER PROJECT II
Moved by Councilman Thomas that Resolution No. 158-86 be passed.
Motion seconded by Councilman Buffum.
Councilman Thomas asked if this is something we just have to do?
Mr. Bonnett stated that he sees no alternative. Charles Harper, Mayor, stated
that our state senator has requested that we send him a letter to see if
they can be relieved of some of this. Councilman Buffum asked about the
difference in the cost of some of these elements from different contractors.
Mr. Bonnett stated that it is strictly in how they allocate these costs.
Councilman Buffum noted that it certainly points out the need for competitive
bidding.
The motion was carried by the following vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 12a
Permission was requested to advertise for bids for landscaping at Cypress
Street water treatment plant.
Moved by Councilman Goff that authority be granted to advertise for
bids, as requested.
Motion seconded by Councilman Buffum.
Councilman Thomas asked what we are going to landscape? Mr. Bonnett
stated that it would be the Alexandria Street entrance going into the plant.
Charles Harper, Mayor, suggested another tree, rather than purple plums.
He also asked about using untreated water. Mr. Bonnett stated that we would
have to have a different pumping system. He also noted that we need to clean
up the Johnson Street side. We need to pay a lot of attention to the areas
where the water plants are located. There is no irrigation at this time
on the other side of the plant. In future years they will be coming back
to the Council for the Johnson Street side, and also Jasper.
The motion was carried unanimously.
Item 13a
Roger McKinney explained, for Councilman Kirkham, that there are high
weeds along the railroad tracks by Eden Hills Circle. The person making
the complaint may or may not own the property. The easement area is what
has grown up. The piece on the railroad right-of-way has changed contractors.
Anything else out there belongs to the homeowners. The easement is not fenced.
The property owners have been mowing it. If it is an easement, and part
of a lot, they have responsibility for it.
Councilman Kirkham also mentioned that irrigation ditch on the north
side, stating that somebody needs to maintain it within the city. He requested
that something be done. Mr. McKinney stated that he understands that the
ditch is owned by Water District No. 2. The City pays them for maintenance
of their canals; however, we are paying a pro rata share for this maintenance.
They maintain it as they would outside the city, not residential areas.
They have talked to the Water District, and they say "no" . The City Manager
stated that they would look into it.
Charles Harper, Mayor, asked about a letter from David Liles, requesting
that they act on their franchise. Mr. Berzina stated that the Legal Department
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is working on it. Councilman Thomas noted that they have been very busy
in that department, with one person missing. This may be the reason for
the delay.
Charles Harper, Mayor, noted that A-1 Rentals has fixed up their yard,
after it was torn up and not replaced. He also stated that his sprinkler
system in the easement was torn out, and not replaced. Any utility contractor
should be required to replace it. Mr. Berzina suggested that this be looked
at during franchise time. Assistant City Attorney Jeanie Thompson stated
that it is their position that they put it back. Charles Harper, Mayor,
stated that his sprinkler system has been torn out twice in the last year
on the Southwest Parkway side of his lot - once with the telephone company,
and a utility contractor also tore it out, and just laughed at him.
Charles Harper, Mayor, asked where we are in the water retention ordinance?
Mr. Berzina stated that he has it ready, and would like to first get the
Council ' s comments. Charles Harper, Mayor, suggested a meeting with the
home builders.
Councilman Kirkham asked about parking of abandoned, wrecked, and in-
operable vehicles on city property, public right-of-way, or city parking
lots. Mr. McKinney stated that if they find one on right-of-way, the Police
;Department is empowered to remove these vehicles. They try to determine
Ithe owner, and send a letter to get it moved. They have to go through the
�motor vehicle registration to determine the owner. Councilman Kirkham asked
if the ordinance prohibits parking vehicles on city property or public right-
lof-way? Mr. McKinney stated that enforcement is easier on public right-of-
way? On private property it gets more involved. Under present state law,
if any of the things listed are a condition, they can notify the owner to
do something about it. It is a lengthy process.
Buff um and off are representatives on
It was noted that CouncilmenBu u a G p
the Tax Appraisal Board. In July, a proposal was made to the County Commis-
sioners, and they should be getting back with us.
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Councilman Kirkham mentioned the ordinance on use of water outside the
city limits, asking what happens if someone disconnects, and later it needs
to be re-connected? Mr. Berzina stated that it would depend in part on how
they originally got the water. A situation on Airport Drive was mentioned.
Mr. Bonnett stated that he believes they do not have any rights to the water.
Councilman Kirkham stated that the grass needs cutting at Cimarron and
the Expressway. Councilman Walker also noted that the grass needs cutting
on Flood and Park Streets.
Councilman Thomas noted that a wrecked car has been parked at the airport
for five months. All the owner did was move it to their rental space, and
leave it there.
Councilman Thomas complimented the staff on the new sound system.
Item 13b
The City Council recessed into executive session at 10:05 A.M. , according
to Article 6252-17, Section 2, Paragraphs (g) and (e) , of the revised civil
statutes. The reconvened at 5:49 P.M. , and immediately adjourned.
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PASSED AND APPROVED this the day of 1986.
Charles Harper, Mayor
ATTEST:
Wilma J. Thomas, CMC, City Clerk