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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 345 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 I 346 (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. 347 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. I 348 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 349 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 350 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. i 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. 351 PASSED AND APPROVED this the day of 1986. Charles Harper, Mayor ATTEST: Wilma J. Thomas, CMC, City Clerk