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Min 05/05/1987 510 i i Wichita Falls, Texas Memorial Auditorium Building May 5, 1987 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. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Ruth Ann Allred Ronald Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Offi`?r The invocation was given by Vern Rascke, Saint Stephen' s Episcopal Church. Charles Harper, Mayor, read a poem about friendship. He also present- ed a proclamation to Peggy Jarratt and ;arse Alexander on Texas 1,1;'.?1^ses Week, and a proclamation to Dorothy Fortune on Ponq:,�< Item 3 Moved by Councilman Kirkham that minutes of the meeting held April 21, 1987, be approved. Potion seconded by Councilman Buffum, and carried unanimously. Items 4a-7c Moved by Councilman Thomas that the consent agenda be approved. Motion seconded by Councilman Thompson. Item 4a Charles Greg Mucciol o, a Health Depari,-rIen-' e.rir l�o e �, was honored as Employee of the Month for May. Charles 'o;-:r ,er, ,;ayor, present d )i1.1 with a plaque, a City of Wichita Falls pin, and td^�o ti c::ets P-ac e to theatre and dinner. Item 5a ORDINANCE NO. 38-87 ORDINANCE WAIVING SECTION 22-1(a) (9) OF THE CODE OF ORDINA10ES TO ALLOW THE POSTING OF ADVERTISING DEVICES AT LUCY PARK- ON JUTE 20, 1987 FOR AN EVENT SPONSORED BY THE AMERICAN DIABETES ASSOCIATION. THE EVENT WILL BE CALLED THE RIDE AND STRIDE EVENT. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Ki r":ham Nays: gone 511 Item 5b ORDINANCE NO. 39-87 AN ORDINANCE AMENDING SECTION III 1 A OF SECTION 1 ORDINANCE 32-84, WHICH AMENDS CHAPTER 2, ARTICLE IV, DIVISION 5, OF THE WICHITA FALLS CODE OF ORDINANCES Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 5c ORDINANCE NO. 40-87 ORDINANCE WAIVING SECTION 22-1(a) (9) OF THE CODE OF ORDINANCES TO ALLOW THE POSTING OF ADVERTISING DEVICES AT THE WEEKS AND HAMILTON TENNIS CENTERS FOR THE 20th ANNUAL SOUTHWEST CHAMPIONSHIP TENNIS TOURNAMENT ON JUNE 3-6, 1987 Moved by Councilman Thomas that Ordinance No. 40-87 be passed, by changing June 4 to June 6 in the title of the ordinance. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 6a RESOLUTION NO. 70-87 RESOLUTION AUTHORIZING THE NECESSITY TO ACQUIRE TWO DRAINAGE EASEMENTS IN THE HILLCREST ADDITION, APPROVING APPRAISALS, SETTING JUST COMPENSA- TION, AND AUTHORIZING PURCHASE OR CONDEMNATION Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas , Thompson, Allred, Buffum and Kirkham Nays: None Item 6b RESOLUTION NO. 71-87 RESOLUTION TO ACCEPT PROJECT TO RELOCATE 8-INCH WATER MAIN FOR HOLLIDAY STREET BRIDGE CONSTRUCTION Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 7a Minutes of the meeting of the Board of Directors of Tax Increment Financing Reinvestment Zone No. 1, held April 14, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas , Thompson, Allred, Buffum and Kirkham Nays: None Item 7b Minutes of the meeting of the Landmark Commission held April 16, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None 512 Item 7c Minutes of the meeting of the Zoning Board of Adjustment held April 15, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 8a Proposed ordinances were presented to change the time of regular city council meetings. A motion was made by Councilman Thomas that the ordinance be passed to establish both monthly meetings at 8:30 A.M. The motion died for lack of a second. Councilman Thomas then made another motion for passage of an ordinance establishing both monthly meetings ,at 8:30 A.M. , except that the third Tuesdays of March, June, September, and December would be at 5:30 P.M. This motion also died for lack of a second. Charles Harper, Mayor, stated that this puts a terrific burden on him with night meetings, and he will have to determine his options. He also noted that there has been no change in attendance, either day or night. Councilman Allred noted that it is very confusing to have alternate days and nights. She hopes that if we do change, we can be consistent enough to try to not confuse the public. Charles Harper, Mayor, stated that he has not found the need for a night meeting. On two occasions there have been a day and night meeting, and some people were at both meetings, and they stated that it did not matter whether the meetings were at niaht, or during the day. Councilman Kirkham stated that he had received several calls from people desiring night meetings. They may not attend, but they can watch it on the television at night. Councilman Buffum also endorsed the night ; meetings for television viewing. Charles Harper, Mayor, stated that he will have to choose between his elected job, and his job which provides for fifteen families. He noted that he may be absent quite a bit at night. Item 8b ORDINANCE NO. 41-87 MAKING AN APPROPRIATION FROM THE LIABILITY RESERVE OF THE GENERAL FUND FOR THE PURPOSE OF PAYING A FLEET LIABILITY SETTLEMENT Moved by Councilman Thomas that Ordinance No. 41-87 be passed. Motion seconded by Councilman Thompson. Edward Barrett explained the reserve fund set up. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 8c ORDINANCE NO. 42-87 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY OF TAX ACCOUNT NUMBER 0030- 040-0000 Moved by Councilman Kirkham that Ordinance No. 42-87 be passed. 513 Item 8c, cont'd. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum and Kirkham Nays: None (Councilman Hirschi abstained because of a possible conflict of interest. ) I tem 8d ORDINANCE NO. 43-87 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 4040- ---- 021-5600 Moved by Councilman Allred that Ordinance No. 43-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Fred Werner explained that the policy was not followed by a staff member. Item 8e ORDINANCE NO. 44-87 ORDINANCE AMENDING SECTION 2 AND SECTION 14, APPENDIX A, WICHITA FALLS CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118) ON REQUIREMENTS FOR PLATTING OR REPLATTING Moved by Councilman Kirkham that Ordinance No. 44-87 be passed. Motion seconded by Councilman Thompson. Mr. McKinney explained that regardless of the amount of construction, if there is an encroachment over a water or sewer line, it would still have to be replatted. They would do this by checking the building permit. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 9a RESOLUTION NO. 72-87 RESOLUTION AUTHORIZING NECESSITY TO ACQUIRE A SEWER EASEMENT OUT OF SCOTT SURVEY 9 AS PART OF THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilman Thomas that Resolution No. 72-87 be passed. Motion seconded by Councilman Buffum. Councilman Hirschi asked about the appraisals. Mrs. Chasteen stated that if they are very minor appraisals they are normally $150. Sometimes 514 ' Item 9a, cont'd. they will combine them into one bill if the properties are located close by. Mr. Berzina stated that most people now ask them for appraisals. Councilman Buffum mentioned the recent settlement with the Country Club. Mrs. Chasteen stated that this is a different section of the country club and she believes it is lower than the previous one. Councilman Thomas noted that he didn't believe we were having any problem with land ( values, but in damages. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 9b RESOLUTION NO. 73-87 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH THE FIRM OF CORLETT, PROBST & BOYD FOR A SLUDGE DEWATERING SYSTEM AND RENOVATION OF SELECTED EXISTING PLANT FACILITIES Moved by Councilman Allred that Resolution No. 73-87 be passed. Motion seconded by Councilman Hirschi . I Councilman Thompson asked about the cost of the whole system? Mr. Bonnett explained how this procedure would be followed. Councilman Hirschi asked what process they go through to select the professional for each project? Mr. Bonnett explained that they consider who has done work for us before, and their needs. Councilman Hirschi noted differences in fees charged by various firms. Mr. Bonnett stated that they try to spread the work between those who have done work for them before, and trying to select the firm who is not buried in work (land cannot fulfill our needs. Councilman Buffum hopes that the new companies will also be given an opportunity to submit proposals. Mr. Bonnett stated that we are not asking for a proposal from more than one at a time. He stated that he is opposed to putting a price as the primary criteria for firm selection. He stated that there is a real danqer of those who cut prices to the bone. He recommends that the firm be selected on the basis of ability, and then try to structure the fee. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 9c RESOLUTION NO. 74-87 RESOLUTION TO APPROVE CONTRACT FOR INJECTION OF WASTEWATER TlEAT- MENT SLUDGE INTO AGRICULTURAL LAND Moved by Councilman Thompson that Resolution No. 74-87 be passed. Motion seconded by Councilman Kirkham. Councilman Buffum asked what a firm would normally pay to go out to a commercial establishment for this nitrogen? ^Mr. Bonnett stated that the rule of thumb is a conservative $10.0 �2r acre. Councilman Buffum inquired why we are paying them then, if it is an advantage to himself? Mr. Bonnett stated that they are having trouble getting land for this purpose. Some of the landowners do not want to take their 515 Item 9c, cont'd. land out of production for a year. He further stated that the require- ments for sludge disposal will change. A yearly fee is $1,250, payable after it has been injected. Councilman Thompson asked when the new watering system will be complet- ed? Mr. Bonnett believes it will be sometime after the first of the year. Hopefully, it will handle the sludge within the fence. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 9d RESOLUTION NO. 75-87 RESOLUTION TO APPROVE CONTRACT WITH THE FIRM OF BIGGS & MATHEWS, INC. , CONSULTING ENGINEERS FOR THE DESIGN OF TWO WASTEWATER LIFT STATIONS Moved by Councilman Thomas that Resolution No. 75-87 be passed. Motion seconded by Councilman Kirkham. Councilman Buffum noted the federal requirement on discrimination in employment practices in Section Seven of the contract. Councilman Thompson stated that he hoped the City would one day see the need to establish an affirmative action program for the City. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 9e RESOLUTION NO. 76-87 RESOLUTION TO APPROVE CONTRACT WITH THE FIRM OF CORLETT, PROBST & BOYD, INC. , CONSULTING ENGINEERS FOR A STUDY OF WASTEWATER TREAT- MENT PLANT IMPROVEMENTS Moved by Councilman Buffum that Resolution No. 76-87 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Charles Harper, Mayor, introduced a life long friend from Bonham, Mr. Gene Danner, who is Executive Vice President of Southwest Pump, in Bonham. He is also a former mayor and city councilman in Bonham. He further noted that he, Don Kirkham, and Carol Wagner are all from Bonham. Council- man Kirkham noted that he has not seen Gene Danner since 1949. 516 i Item 9f RESOLUTION NO. 77-87 RESOLUTION TO APPROVE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTY OF WICHITA, TEXAS AND THE CITY OF 'WICHITA FALLS, TEXAS Moved by Councilman Kirkham that Resolution No. 77-87 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 9g RESOLUTION NO. 78-87 RESOLUTION APPROVING A CONTRACT WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT FOR COLLECTION OF TAXES Moved by Councilman Allred that Resolution No. 78-87 be passed. Motion seconded by Councilman Hirschi . it Mr. Werner stated that the school board requested retroactive status to October 1 , 1986. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item l0a RESOLUTION NO. 79-87 AWARD OF BID FOR CONSTRUCTION OF THE WIC ADDITION TO THE HEALTH DEPARTMENT Moved by Councilman Thomas that Resolution No. 79-87 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 10b RESOLUTION NO. 80-87 RESOLUTION TO AWARD THE COMMUNITY OVERLAY PROJECT, 87-4 Moved by Councilman Allred that Resolution No. 80-87 be passed. Motion seconded by Councilman Kirkham. Councilman Thompson stated that he believes there should be a time and schedule when bids are opened. Charles Harper, Mayor, stated that the time for bids to be opened is given to the contractors and published in the paper. Mr. Berzina stated that they were opening a lot of bids, and they have to spread their staff, and more some of the times, but 517 Item 10b, cont'd. it was well advertised. Councilman Thompson was concerned that the bid came in 45 minutes late, and was not opened. Mr. Bonnett stated that it is an illegal act to open a bid if it comes in after the time for bids to be opened. (This item was corrected on May 19, 1987, to reflect that Councilman Thompson' s concern was not that a bid was received 45 minutes late, and not opened, but that there should be adequate advertising, and a standard time that bids are opened, to prevent future late arrivals of bids. ) Councilman Hirschi agreed that things were done right, but maybe we are not getting enough publicity out to the bidders. He asked for the winning bidders on four comparative projects. It was noted that they are Timmins Anderson, for Wiley Road, Zack Burkett; for Kemp Boulevard Rehabilita- tion, Timmins Anderson (Jake Holmes) , for Community Development Milling Overlay, and Lloyd Taylor, for Harvard Street Reconstruction. Mr. Bonnett stated that they could include bid tabulations for the Council to review. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 10c RESOLUTION NO. 81-87 RESOLUTION ACCEPTING BID OF G & B UTILITY CONSTRUCTION COMPANY FOR CONSTRUCTION OF 1987 BUDGET UTILITY IMPROVEMENT PROJECT-SANITARY SEWER IMPROVEMENTS Moved by Councilman Hirschi that Resolution No. 81-87 be passed. Motion seconded by Councilman Buffum. Councilman Hirschi asked if this work is spread over the city, and Mr. Bonnett stated that it is. He also explained that they could prepare a large map to depict the locations. He further explained the process used for this type of construction. Councilman Buffum inquired about the differences in the low and high bid. Mr. Bonnett stated that he believes it boils down to one is hungry, and one isn't. It depends on the amount of work they have to do. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 10d RESOLUTION NO. 82-87 RESOLUTION ACCEPTING BID OF RHODE PIPE COMPANY FOR CONSTRUCTION OF 1987 BUDGET UTILITY IMPROVEMENT PROJECT-WATER LINE REPLACEMENTS AND SANITARY SEWER IMPROVEMENTS Moved by Councilman Hirschi that Resolution No. 82-87 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None 518 Item 10e Moved by Councilman Thomas that the bid for purchase of 1175 feet of five-inch fire hose be awarded to Casco Industries, Inc. , in the amount of $6,260. Motion seconded by Councilman Allred. Bud Davis, Acting Fire Chief, stated that in their experience, this is the best bid for the City. Fie stated that Chief James is also in agreement with this. The motion was carried unanimously. Item 10f Moved by Councilman Thompson that the bid for an annual supply of concrete and masonry sand be awarded to Lambert Enterprises, Wichita Falls, in the amount of $2,579.50. Motion seconded by Councilman Kirkham. Councilman Thompson stated that he is happy to see a Wichita Falls firm getting a bid. Mr. Bonnett did not believe they had been a contractor with us previously, but they are local . The motion was carried unanimously. Item lOg Moved by Councilman Allred that the bid for ready-mix concrete be awarded to Zack Burkett Company, in the amount of $116,750. Motion seconded by Councilman Hirschi . Councilman Thomas asked about the mix not having heat? Nr. Zelenok stated that it is not necessarily a better mix, but a different kind of process. It meets minimum requirements. Mr. Bonnett stated that the quality of the mix will not vary. The motion was carried unanimously. Item lla RESOLUTION NO. 83-87 RESOLUTION TO APPROVE CHANGE ORDER NO. 4 FOR WATER LINE AND SANITARY SEWER IMPROVEMENTS AND REPLACEMENTS, 1986 BUDGET FUNDS AND RADY PROGRAM Moved by Councilman Allred that Resolution No. 83-87 be passed. Motion seconded by Councilman Hirschi . Councilman Buffum asked if this would serve the Sheraton or the waterfall ? Mr. Berzina stated that it will get the water to where it is needed. Councilman Hirschi asked about the Rady program? Mr. Bonnett stated that it was an overall water distribution study. It also prepared a road map for down the road, showing what improvements we needed to make. The North pressure plain was shown to be needed. He complimented Potter Boles, the contractor, for a good job. The waterfall will not pick up any of these costs. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham `days: None 519 Item llb RESOLUTION NO. 84-87 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR TELEMETRY CONTRACT Moved by Councilman Allred that Resolution No. 84-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None The City Council recessed at 10:00 A.M. , and reconvened at 10:15 A.M. Item 12a Elaine Bennett, 2240 Piedmont, requested waiver of an ordinance to allow her to keep a baby chimpanzee at her home. She stated that she has special surrogate mothers who bottle feed these baby chimps until they can come back to the wildlife zoo. She stated that she takes her animals to the veterinarian on Holliday Street. She would also like to take her animals to schools, etc. , when invited. Dr. Cox stated that he would be very much opposed to granting such a waiver, which covers a lot of territory. On several occasions they have warned Mrs. Bennett about bringing these animals into the City, and she has persisted. She has ignored verbal and written warnings. Primates do carry diseases that can be transmitted to man, such as skin conditions, etc. , which can be rather serious. He noted that she is not doing this just as a hobby. She is raising animals to sell . She has a monkey they picked up Saturday at a meeting. They knew they should not have done it, but they did it anyway. He would be very much opposed to granting her a waiver to keep wild animals in Wichita Falls. Charles Harper, Mayor, asked if there is any sentiment on the Council to bring this to a debate? No one wanted to consider it. He suggested that they talk to Dr. Cox about it if they were interested. Sammy Pratt, 1506 Red Fox, mentioned a petition on East Lynwood Park. He requested that a chain link fence be erected on Red Fox, relocate the basketball court, and have no parking on Red Fox. He stated that there is all-night gambling, sex, dope, and foul language. It is in their front yard, and they would like something to be done about it. This is in the 1500 block of Red Fox. Only one home did not sign the petition. Major Davis stated that the Police would step up their enforcement on this park. Mr. Pratt stated that the police stated they couldn't do anything but sit out there. Charles Harper, Mayor, stated that it is their intention to have it stopped. Mr. Pratt stated that they face their homes, and use the bathrooms in the street. They do not use the bathrooms out there. It goes on until two or three A.M. He stated that the police are welcome to park in front of his home in unmarked cars. Leon Sanner, 5007 Lake Shore Drive, stated that he, G. W. Covington, and John Adams have fixed up their places, yet, they seem to have no rights.. They built a channel out there, and others come out and cause damage. He also has a commercial business there. Charles Harper, Mayor, asked who owns the leases? Mr. Hodge stated that Mr. Sanner has agreed to provide him with a copy of his deed. They used to have a ranger out there that took care of those problems. 520 ( Item 12a, cont'd. Councilman Thomas commented on the maps requested by John Hirschi , stating that at one time he requested maps, and he thought perhaps they might have time to go to the Public Works Department to look at it before the Council meeting. Mr. Bonnett explained that they could do a magic marker sketch. Councilman Hirschi stated that he would like some discussion on the proposal for the Maurine Street extension to tie in with the ball park. This project has been on the books for a long time. The Lynwood residents would like to see this project completed. It would allow better traffic circulation in that area. Councilman Thomas noted that we awarded a sand and gravel contract to someone who is parking his 18-wheeler in front of his home. There are lots of complaints in his district about this. Mr. McKinney stated that they need a petition from the residents for a load limit on the streets. Councilman Thomas was concerned about the heavy loads on our streets, and also about him parking on the right-of-way. Councilman Thomas stated that he had received some criticism about making comments about the BCI , when he, in fact, did not make the comments. He stated that former Councilman Bill Palmer has some information on SCORE. Councilman Thomas stated that every method has been used to bring in new business. He thought we should use some of the ventures we have instead of bringing others in. He would like to work with the surrounding cities. We are all on the same track, but feels we need to get together on it. Councilman Thompson has no quarrel with what has been done, but he believes we need to do whatever we can as soon as possible on some small businesses. Councilman Kirkham stated that a public concentrated effort on advertising is what he was really after. Councilman Thomas stated that he believes they may not have publicized this information as much as possible. Councilman Kirkham stated that right now is the time to get more involved on the local front. Councilman Hirschi mentioned the 18-wheeler and code violations on junk vehicles. He would like to put some kind of deadline on this to come to the Council . Mr. McKinney stated that he had already done the research on it, but what he is concerned about is that we have an ordinance that is legally defensible in court. Some of the ramifications for being uniformly enforced in the city is what he is concerned about. Oversized vehicles in the neighborhoods have not been addressed, as confirmed by Councilman Hirschi . Mr. McKinney stated that some cities address it by size and specifications of the vehicles. Councilman Thomas stated that nuisance or commercial vehicle parking on right-of-way should not be allowed. Mr. Berzina noted that what is a nuisance to him might not be for someone else. Councilman Thompson asked how many people have been fined for not cutting the grass? It was noted that ten percent of the 600 which receive letters each month have been fined. Councilman Thompson asked how many have been jailed? Don Vanadore, Municipal Court Administrator, stated that one or two a week would be arrested on those kind of violations. He further stated that they do not make it a practice of the time when warrants are issued. The city marshal works in the evenings because he can contact more people at home. It was noted by Councilman Thompson that Lee Kelly was arrested 521 Item 12a, cont'd. yesterday at 5:00 P.M. , on a violation. He understands that the basis of his conflict is that the city bulldozed down one of his houses. He believes he has no obligation to mow the lawn when that was done. He agrees that he may have an obligation, but it causes cleavage between the property owners and the community. Mr. Vanadore noted the procedure of the citations as they are forwarded to the court. A summons was provided to this individual , and they did not hear anything from him. Once a summons is ignored, then the next step is a warrant for his arrest. Mr. McKinney explained the procedure they go through to get the proper- ties into compliance. If they cannot contact them, they advertise in the paper. Mr. Barrett stated that bank presidents, etc. , have been cited. Mr. Kelly would not have been arrested if he had appeared in Municipal Court, rather than ignoring it. There were several options available to him if he had appeared. The Council has the option to eliminate weed lot violations as a misdemeanor offense. They get lots of complaints from all over the city for this type of violations. He does not believe Mr. Kelly was treated any different from any other citizen who falls under the misdemeanor provisions of the court. Councilman Thompson asked if he could donate the property to the city? Mr. Barrett noted that the Council could consider it, but he does not believe they would want it because of the cost involved. Councilman Thompson mentioned some property on Austin Street concerning a man named Goins. It was noted by Mr. McKinney that he has been cited many times. He has been arrested, but he pays his fines. Mr. McKinney noted that we can encourage Mr. Goins to comply with this by increasing the fine. Councilman Thompson also asked about a situation where old vehi- cles, refrigerators, etc. , are stored. Mr. McKinney explained the options. Councilman Hirschi asked about the open meetings legislation. Mr. Berzina stated that a letter has been prepared for their signature. They are also supporting H. B. 145 concerning the cost of city/county hospitals. Any of these extra costs should be supported by the county. Councilman Hirschi thought that TML put in the punitive damages clause. Charles Harper, Mayor, noted that that is not true. He was told by the Common Cause Execu- tive Director that that has been taken out. City Manager James Berzina passed around a memorandum concerning funding for outside groups. Councilman Buffum stated that he had received a letter from Jim Snowden stating that the detox center grant was disapproved. They are investigating the reasons for this disapproval . It is a setback, and they are looking for other alternatives. Louise Houseworth has done a lot of work on this project. The program will be pursued, and try to make it a reality. Councilman Allred requested Mr. Berzina to set up a meeting with representatives of the water district. She would like to volunteer as a task force member to discuss the ditch maintenance within the city. 522 Item 12a, cont'd. I Charles Harper, Mayor, left the council meeting at 11:25 A.M. Mayor Pro ten Charles Thomas took charge of the meeting, stating that Mrs. Harper' s mother had passed away. Mayor Pro tem Charles Thomas asked about the Handicapped Commission being placed on the agenda, stating that they have even had a request from the governor to get it started. Councilman Buffum suggested that is task force be set up, and bring back a report to the Council . I Councilman Hirschi mentioned the subject of Lynwood Lake, stating that Mr. Seabury plans to drain the lake sometime this month. The property has a total drainage into it of 200 acres. Considerable water may be coming into that lake after River Ridge is developed. He feels we should address this as quickly as possible on flood retention. Mr. Bonnett stated that they are in receipt of the report Mr. Hirschi referred to from Dennis Probst, and also the Texas Water Commission. They will just have to spend some time evaluating this report. They will try to get something in writing to the Council by the next meeting. Dr. Williamson is willing to make some trails around it. Councilman Hirschi noted that we spent $941,000 today. Councilman Kirkham asked about the status of the waterfall ? Mr. Berzina stated that we think we are in pretty good shape. There is quite a bit of work yet for the Park Department to do. He feels the contract work on the falls will be completed, and it should pump water. Willard Scott will be here on June 2. Charles Krault may also come in. They hope to test it well ahead of June 5. Councilman Kirkham appealed to District 5 people to get their board and commission applications in. He only has one application for the Aging Commission, and they want three from each district. Councilman Thompson hoped we would make a great effort to let citizens know what we are doing in the parrs. The Council will be in a much better position if the citizens can see what is happening in Lucy Park. Items 12b,c The City Council recessed into executive session at 11 :40 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. They reconvened at 2:30 P.M. Moved by Councilman Allred that the following be appointed, as indicated. 1 . Clean Community Commission - a. Michael James Murphy - December 31, 1989 b. Bette J. Butler - December 31, 1989 c. Gloria Lyday - December 31 , 1988 2. Traffic Safety Council - a. Eddie McCauley - April 30, 1990 b. Arvil Eugene Jones - April 30, 1990 523 Items 12b,c, cont'd. 3. Plumbing Advisory Board - (re-appointments) a. Ray Hatcher - December 31 , 1987 b. Charles Brown - December 31 , 1987 4. Fire and Police Civil Service Commission - a. Ben Valdez, Jr. - Resignation acceptance declined 5. Commission on Aging - a . District 1 - James K. King - May 31, 1988 Mrs. Phillip Blacklock - May 31, 1988 Mrs. Arvilla L. Pollard - May 31 , 1989 b. District 2 - Donnie Wilson - May 31 , 1988 James McIntyre - May 31, 1988 - Roy Bowling - May 31 , 1989 c. District 3 - Gloria Mezzo - May 31, 1988 Dr. Charles Wilson - May 31, 1988 Jerry Barton Fisher - May 31, 1989 d. District 4 - Dr. Keith McFatridge - May 31, 1988 Joy Parsons - May 31 , 1989 Dr. Robert Clark - May 31, 1989 e. District 5 - Denver Wilson Cassell - May 31 , 1988 6. Mayor' s Commission on Status of Women Angus Thompson 7. Arts Commission - Ruth Ann Allred 8. Aviation Advisory Board - Charles Thomas 9. Park Board - Charles Thomas 10. Plumbing Advisory Board - Charles Thomas 11 . Board of Electrical Examiners - John Hirschi 12. Mechanical Board of Adjustments and Appeals - Don Kirkham 13. Landmark Commission - Ruth Ann Allred 14. Planning and Zoning Board of Adjustments and Appeals - Ron Buffum 15. Library Advisory Board - Ruth Ann Allred 16. Zoning Board of Adjustments - Don Kirkham 17. Human Relations Commission - Angus Thompson 18. Civil Service Commission - John Hirschi 19. Clean Community Commission - John Hirschi 20. Housing Authority - Angus Thompson 21. Traffic Safety Council - Don Kirkham 22. Youth Activities Advisory Council - Charles Harper 23. Commission on Aging - Ron Buffum 24. Commission on Handicapped - Ron Buffum 25. Wichita County Appraisal District - Sandy Goff Motion seconded by Councilman Buffum, and carried unanimously. The City Council adjourned at 2:35 P.M. f' PASSED AND APPROVED this Vh , day of l,� 1987. f r Charles Harper, Mayor ATTEST: r Wilwta J. Thom s, CMC, City Clerk