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Min 01/20/1987 425 Wichita Falls, Texas j Memorial Auditorium Building {) January 20, 1987 I 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 5:30 o'clock P.M. , with the following members present. Charles Harper Mayor Sandy Goff Charles Thomas Ruth Ann Allred Ronald Buffum Councilmen Lindsey Walker Don Kirkham 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 Councilman Thomas. Charles Harper, Mayor, read a poem concerning enough of the good things of life. Item 3 Moved by Councilman Goff that minutes of the meetings held January 6 and 12, 1987, be approved. Motion seconded by Councilman Kirkham, and carried unanimously. Item 4a - 7d Item 4a was moved to the regular agenda. Moved by Councilman Kirkham that the consent agenda be approved. Motion seconded by Councilman Buffum. Item 4b RESOLUTION NO. 11-87 RESOLUTION CALLING REGULAR CITY ELECTION FOR APRIL 4, 1987, AND NAMING ELECTION OFFICIALS Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 5a The low bid for two solid waste transfer trailers was awarded to Crescent Equipment, in the amount of $72,400. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 6a Minutes of the meeting of the Youth Activities Advisory Council held January 5, 1987, were received. 426 Item 6a (Cont) Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 6b Minutes of the meeting of the Park Board held December 11, 1986, were received. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7a A refund of taxes paid twice was approved for Ameriway Mortgage Company, in the amount of $758.94. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7b A refund of taxes paid twice was approved for Dr. Richard W. Ramming, in the amount of $1 ,102.26. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7c A refund of taxes paid twice was approved for First Federal Savings, in the amount of $7,103.03. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7d A refund of taxes paid twice was approved for Guarantee Abstract, in the amount of $604.93. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 4a RESOLUTION NO. 12-87 RESOLUTION TO APPROVE AMENDENT TO PIPE LINE LICENSE FOR WATER PIPE LINE Moved by Councilman Buffum that Resolution No. 12-87 be passed. Motion seconded by Councilman Allred. Councilman Buffum asked why the design was changed to a four-inch increase in size? Jerry Gross stated that at first they thought the 16-inch line would be sufficient. They found that it would not be sufficient; that the volume would exceed the 16-inch line. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None 427 Item 8a i Discussion was held on a proposed ordinance granting a permit to Lone ! Star Gas Company to install , operate, and maintain a natural gas system in the streets, alleys, and other public places in the City. jCouncilman Thomas noted that it seems that Lone Star Gas is responsible pup to the meter, and they will still have to put their crews out to inspect lit anyway. Moved by Councilman Thomas that the ordinance be amended to include Section 9, proposed by Lone Star Gas Company. Following comments from Council- man Goff concerning the homeowner' s property being left in its original condition. Councilman Thomas also included in his motion that in Section 3, work done on private property would be covered by Lone Star Gas. Motion seconded by Councilman Allred. David Liles, Manager of Lone Star Gas Company, stated that they have been attempting in every town they serve, to get this changed so that they can do the work. Councilman Thomas noted that they will include it in their expense because they have to oversee the work done. Councilman Kirkham noted that he did not see any Lone Star representative on a particular job. Mr. Liles stated that if this is left like it is, he will feel compelled to have a person from Lone Star Gas out there on all jobs. On an annual basis, there would be $5,000 in the next rate case, and passed along to the consumers . For an inspector, the annual operational expenses would be around $32,000. Councilman Buffum noted that he will go along with the changes because Lone Star has the responsibility. Councilman Walker confirmed that Lone Star will be assuming this work for all new service construction up to the meter. The motion to amend the ordinance was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None It was noted that the ordinance would be re-published, with the same number, and that it will be brought back at the second meeting in February. Lone Star Gas has agreed to pay for the second publication. Item 9a RESOLUTION NO. 13-87 RESOLUTION APPROVING THE APPRAISAL OF PARCELS #58 AND #61 FOR THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, SETTING JUST COMP- SATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilman Kirkham that Resolution No. 13-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 9b RESOLUTION NO. 14-87 RESOLUTION APPROVING THE APPRAISAL OF 51 PARCELS OF REAL PROPERTY FOR THE RIVERWALK PROJECT, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilman Goff that Resolution No. 14-87 be passed. Motion seconded by Councilman Allred, and carried by the following vote. 428 Item 9b (Cont. ) Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, and Allred Nays: Councilmen Buffum and Kirkham Item l0a Award of bid was considered for 1 ,250 trees. Moved by Councilman Goff, for discussion, that the bid for 1,250 trees be awarded, as follows. a. Anderton/Green $44,090 b. McClane Nursery - $24,445 c. Martin Nursery - $ 5,250 d. Harris Nursery - $ 1 ,189 Motion seconded by Councilman Allred. Councilman Thomas was concerned that more trees should be planted in Jaycee Park. Jack Murphy stated that the number of trees can be shifted from one park to another. Councilman Goff asked why we are not using our own people and equipment to dig up these trees? Councilman Buffum stated that if there is a chance to transplant trees from the Boddy land, he hopes Mr. Murphy does not turn his back on that opportunity. Councilman Allred asked how bidders were selected for bidding on these trees? Mr. Murphy stated that the Purchasing Department has a bidder' s list. Mr. Barrett noted that no one can be restricted from bidding. Council- man Goff stated that this is something she hopes they can continue year after year. She wonders if the successful bidders are going to be around long enough to honor the guarantee, if we have trouble with them? She wonders if they are Texas certified nurserymen. Mr. Murphy stated that they did not require that. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Walker, Allred, and Buffum Nays: Councilmen Thomas and Kirkham Item 10b RESOLUTION NO. 15-87 RESOLUTION TO AWARD BIDS FOR REPAIR AND PAINTING OF NINTH STREET ELEVATED WATER TANK AND JASPER WATER PLANT GROUND STORAGE WATER TANK Moved by Councilman Thomas that Resolution No. 15-87 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 10c Bids were considered for estimated annual requirements of tools for Utilities ' Stores. Moved by Councilman Kirkham that bids be awarded, as follows. a. Automotive hand tools - Cessco Rental and Sales - $3,362.86 429 Item 10c (Cont. ) b. Miscellaneous tools - Amfac Industrial - $3,405.39 c. Miscellaneous products - American Industrial - $7,510.54 Motion seconded by Councilman Allred. j Jerry Gross stated that he controls the expenditures on Small tools jail during the year, if it appears they are spending too much. j Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item lla Moved by Councilman Thomas that authority be granted to advertise for bids for installation of a new sewer system to serve Attebury grain elevator. Motion seconded by Councilman Kirkham. Jerry Gross stated that the lines have deteriorated over the years. They have built a new building, and have requested that service be restored to them. The motion was carried unanimously. Item lib Moved by Councilman Buffum that authority be granted to advertise for bids for the softball project on Sheppard Access Road. Motion seconded by Councilman Allred. Mr. Berzina stated that $996,700 is the base bid. Some add-ons and deducts could affect it. The property acquired will serve four fields. Councilman Kirkham was displeased that he got the first information on this at 10:30 last night. The last information furnished to the Council was passed out tonight. He is not in favor of this type of operation to make a decision in fifteen minutes. Mr. Murphy stated that they furnished the Council the information as soon as possible. Councilman Kirkham replied that it should not have been put on the agenda. Councilman Buffum stated that he feels the staff was trying to do what the Council wanted, but he is not comfortable with the time frame in which they received it. He would like to have a committee on the Council review it. Councilman Kirkham stated that we have $800,000 set aside for this complex. What are we going to do with it? In the past, the alternates have been put out for bid, and the Council selects what they want. He is upset because this is the first time he has seen the drawing. Moved by Councilman Buffum that this matter be tabled, with the intent of setting up a work session on how the bid will be structured, and come back at the next council meeting for discussion. Conrad Staley, Architect, stated that this is a cost breakbown prepared in their office. It is not a bid, but what they feel it will cost. He believes it would be wise to put it out for bid with every alternate they have, along with the base bid. He feels this is a perfect time to get good bids. Councilman Walker agreed with Councilman Kirkham, stating that he would like to know more about these alternates. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Walker, Allred, Buffum, and Kirkham Nays: Councilman Thomas 430 Item llb (Cont. ) The work session will be held January 22, 1987, at 4:00 P.M. Item 12a Clifford Bridwell appeared on behalf of Mr. and Mrs. Hill , lessees at Lake Arrowhead, joined by Robert Hampton, of West Texas Legal Services, concerning notice of cancellation of their lease at Lake Arrowhead. He stated that he would like to try to work out a solution to this problem with the Council . He stated that there had been several complaints on this, but he found nothing sufficient to cause termination of the lease. The Hill ' s are willing to move if they can maintain their investment. He stated that there are notice problems, and evidentiary problems. He proposed to the Council that they be allowed an extension of the lease to give them more time to move. The time arrangement seemed to be the most favorable compromise. The 60 days expired last week. Charles Harper, Mayor, stated that a series of complaints started back in March, 1983. All the Council wants is for the people to comply with the lease, with correct facilities , permits, etc. City Attorney H. P. Hodge stated that, as he understands the facts, there have been several years of non-compliance with the lease. The Hill ' s would argue that. The City Staff feels quite strongly that the lease should be terminated. They would accept the termination, but they do want to salvage something from their investment. It is not something they can move somewhere else. Mr. Bridwell stated that it is their opinion that the work has been brought up to code. Raw sewage was a complaint. A bulldozer that Randall Forcher had out there caught the lateral lines. Jack Murphy stated that the Health Department has made inspections out there. Dr. Cox' and Claude Hoff gave a detailed report on their inspections and findings at the Hill ' s lease for several years, pertaining to sewage and the septic tank. At 6:55 P.M. , Charles Harper, Mayor, turned the chair over to Mayor Pro tem Thomas. Discussion continued on the problem at Lake Arrowhead. It was noted that the health inspector personally saw the raw sewage. No permits were ever issued. The septic tank was installed without a final inspection. Councilman Allred suggested that a time frame be worked out for them to find a new location. Councilman Buffum would not want to see that property sold unless it is brought up to compliance. He is not opposed to letting the Hill ' s recover their funds, and make sure the property is in compliance. Mr. Berzina stated that he feels they should be forced to bring it up to compliance, or be evicted; otherwise, they will sit there for a year. City Attorney H. P. Hodge stated that the Council cannot take action on it until it is on the agenda . The lease has been terminated. The staff has the authority to cancel the lease. Mr. Bridwell is asking if the Council will provide some way, so that the house will not be bulldozed. Councilman Walker asked about the basis for the eviction? Mr. Murphy stated that it was the multiplicity of incidents over the years. They have been in and out of compliance, when the City told them to fix it. It was not on their own initiative. Mayor Pro tem Thomas noted that we cannot take any action, but leave it to the staff recommendation. He requested the staff to come back with evidence of compliance, if it is put on the agenda. Councilman Walker asked how the City can be assured that six to eight months from now they will not be out of compliance again? He is concerned that he be shown that there is a method of solving this problem. Mayor Pro tem Thomas stated that if it is put on the agenda, and they ruled in favor of the people, and if it ever came up again, that would be the end of it. 431 ; Item 12a (Cont. ) I ' Councilman Buffum asked if the Hills would be satisfied if they were , given enough time to sell this property, and that it be brought into compliance � even while it is being sold? Mayor Pro tem Thomas stated that it should be left up to the staff. Mr. Berzina stated that he would have the staff Imake a thorough inspection of the property, and they will bring the Council a thorough report of what is there. City Attorney H. P. Hodge stated that the lease has been terminated, and as of right now they don' t have any rights. Any purchaser would have to bring the house into compliance. Mr. Hodge wanted to make sure that Mr. Hamilton and Mr. Bridwell understand his position. It was noted that the lease is not in the Hill ' s name, but is in the name of someone in Indiana. Councilman Goff asked if Mr. Bridwell and Mr. Hamilton could be present at the time of inspection? Councilman Buffum suggested that an inspection be made in the next two weeks , and a report be brought back to the Council . David Brock appeared with Cedric Smith, 4-H Club President, regarding the 4-H Club at the Resource Center. The question was brought up if they need a livestock permit? Goats, belonging to Cedric Smith, have been picked up by Animal Control . Cedric Smith stated that Animal Control said that the goats wandered up to them, and he thinks goats do not wander up to anyone. Dr. Cox stated that he talked with the Animal Control warden. There is no way they can exempt the 4-H Club from paying for a permit unless the Council saw fit to grant them an exemption. The goats were out of the pen while he was there. He did pick them up, and took them to the animal reclaim center. Roy Ressell drove by, and there were three other goats outside the 4-H property, and on the school property. He did not make any charges on that because they had already picked up two goats that day. If the FFA is exempt, it may be because they are under a school program exemption. Dr. Cox stated that there were some roosters on that property. David Brock stated that cock fights are being conducted down there. The two roosters out there do not belong to them. Cedric Smith wants his goats back. It costs $50.00 for each goat, plus $3.50 a day for room and board. They got their horses back with only the room and board charge. The impoundment fee was dropped. The Health Department has already advertised in the paper concerning the goats. Councilman Walker noted that he jogs in this area, and he has never seen the goats off this property. He asked how this came to the attention of the Health Department? Dr. Cox stated that he had a call that the horses were out. The inspector went out, saw the goats outside, and picked them up. Councilman Walker stated that a concerted effort needs to be made to close this property, so goats will not get out. He suggested that they pay for the cost of feed and advertising. Mayor Pro tem Thomas stated that they cannot take any action since it is not on the genda. Mr. Brock agreed to fix the fences. Items 12b, c The City Council recessed into executive session at 7:45 P.M. , according to Article 6252-17, Section 2, Paragraph (g) , of the Revised Civil Statutes. The meeting reconvened at 10:00 P.M. Moved by Councilman Goff that the following appointments be made. a. Charter Review Committee - Ron Buffum and Sandy Goff b. Traffic Safety Council - terms to expire April 30, 1988 William Barnes and Irma Mascari c. Building Board of Adjustments and Appeals - Don Johnston - term to expire December 31, 1988 Kyle Rose - term to expire December 31, 1988 Nell Stokes-Moser - term to expire December 31 , 1987 James Foster - term to expire December 31, 1987 432 Items 12b, c, (Cont. ) d. Plumbing Advisory Board - terms to expire December 31, 1988 Bob Oden, Jonathan Chizmadia, Kathryn Calamita, Tim Thomas, and Floyd Woodard e. Wichita Falls/Wichita County Health Board - D. Michele Miller - term to expire December 31, 1988 Dr. Richard Milisci - term to expire December 31, 1988 f. Mayor' s Task Force on Aging - Ron Buffum g. Park Board - Jeff Koontz - term to expire December 31, 1989 h. Youth Activities Advisory Council - Candace N. Edmonds (Hirschi ) - term to expire May 31, 1987 i . Zoning Board of Adjustment - Joan Mason, Chairman Motion seconded by Councilman Thomas, and carried unanimously. The City Council adjourned at 10:05 PASSED AND APPROVED this A ,day of 1987 ar es Harper, Ma or ATTEST: Wilma J. Thomas, CMC, City Clerk