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Min 10/20/1987 649 Wichita Falls, Texas Memorial Auditorium Building October 20 , 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 5: 30 O' Clock P.M. , with the following members present. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Ruth Ann Allred Councilmen Ron Buffum 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 Jimmie Hatcher, Sunnyside Baptist Church. Charles Harper, Mayor, read a poem by Shakespeare. Item 3 Moved by Councilman Thompson that minutes of the meeting held October 6 , 1987, be approved. Motion seconded by Councilman Buffum. Councilman Kirkham noted that the invocation was given prior to the pledge of allegiance. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Charles Harper, Mayor, noted that the Council would recess at 6: 45, and that part of the Council would be going to Wichita Falls High School to present a proclamation. Item 4a Charles Owens, 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 4b Jack Murphy, Director of Parks and Recreation, presented an award to the City from the Texas Municipal Parks and Recreation Association. A contest gives recognition to cities who maximize their facilities. 652 Item 8d Moved by Councilman Buffum that minutes of the meeting of the Landmark Commission held September 17, 1987, be received. Motion seconded by Councilman Allred. Councilman Buffum asked about the revenue sources of the Landmark Commission. Mr. McKinney stated that there are none. This is a project of the Main Street program. It is the responsibility of the Landmark Commission to review these plans. The motion was carried unanimously. Item 8g Moved by Councilman Allred that minutes of the meeting of the - Park Board held September 24, 1987, be received. Motion seconded by Councilman Buffum. Councilman Allred noted that she believes that what we are evalua- ting at the tennis center is not really what we need to be evaluating. Even comparing with how it had been run, she wonders if we shouldn' t be comparing it to the actual cost of opening the doors every day, as opposed to the revenue being received. Mr. Berzina stated that the staff may very well come back with a recommendation to close it, as they had previously recommended. He believes the evaluation is deeper than whether we keep the present operator. Councilman Thompson stated that he believes on that night they indicated that the tennis court may not be kept open, but if it is, bids need to be taken. The motion was carried unanimously. Item 9a ORDINANCE NO. 98-87 ORDINANCE TEMPORARILY WAIVING THE 30 MPH SPEED LIMIT FOR OHIO, INDIANA, AND SCOTT STREETS BETWEEN 4th AND loth STREETS FROM 6:00 AM TO 6:00 PM THE llth OF OCTOBER 1987 FOR THE PURPOSE OF CONDUCTING THE SECOND ANNUAL TEXHOMA TWISTER STREET SOLO. Moved by Councilman Allred that Ordinance No. 98-87 be passed. Motion seconded by Councilman Thompson. Councilman Buffum asked about the liability of the City for this? Mr. Hodge stated that we would probably be all right as long as we keep the streets clear. He feels we should have someone patrolling the area to make sure people know what is going on. The motion was carried by the following vote. Ayes: Acting Mayor Kirkham, Councilmen Thompson, Allred, and Buffum Nays: None j Item 9b ORDINANCE NO. 99-87 ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS BETWEEN DEPARTMENTS WITHIN THE GENERAL FUND FOR PURPOSES OF MOVING THE FIRE PREVENTION PROGRAM FROM THE BUILDING INSPECTION DIVISION OF THE PLANNING DEPARTMENT TO THE FIRE DEPARTMENT Moved by Councilman Buffum that Ordinance No. 99-87 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. 651 Moved by Councilman Thomas that Ordinance No. 101-87 be passed. Motion seconded by Councilman Buffum. Councilman Allred asked if anyone had obtained any information from the family of Florence Stone? Councilman Thomas stated that it was named after the grandmother of Jay Cullum, and he stated that he would be glad to have it re-named. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 4c Johnny Weeks, 4942 South Lake Park Drive, stated that he is listed with a commercial rating with the Water Department, and it is all residential. He stated that he does not run a commercial business there. He has a vacuum cleaner repair shop, and sells vacuum cleaners on the road. Charles Harper, Mayor, requested Mr. Berzina to look into it, and report back to them. Steve Ebner, 2103 Miramar Street, stated that he is here at the request of John Hirschi. He has a degree in industrial engineering and math. He is a certified energy auditor. His business is the reduction and control of energy costs for institutions. He has done some work with the Wichita Falls Independent School District. He explained some of the work which he does. Charles Harper, Mayor, requested the City manager to talk with Mr. Ebner about submitting a proposal, if he desires to do SO. Councilman Buffum asked if this would be a conflict with our staff? Mr. Berzina stated that he would talk with the staff about what has been done over the years, and see what needs to be done. Mr. Barrett stated that the annual energy costs for this building are about $40 , 000 for gas, and $60 , 000 for electricity. It is about $20, 000 for the Health Unit. Mr. Berzina will bring back a report. Bob Barenberg requested that Item 8d be discussed before the break. Charles Harper, Mayor, explained that it would be better if they scheduled it for 8 : 00, so others could be present. Item 4d Charles Harper, Mayor, read a proclamation concerning designation of seven minutes of world peace on October 24, 1987, from 12: 00 to 12: 07, as a part of the United Nations. Councilman Hirschi requested a water quality report for the Wichita River. Mr. Barrett stated that he will soon be getting these reports regularly. Councilman Hirschi also requested that Mr. Bonnett and Mr. Murphy look at the granite material for trail surfaces that he and Mr. Bonnett recently observed along the river in Austin. Councilman Kirkham mentioned a drainage ditch behind a street in Expressway Village, stating that he does not remember the results from this requested information. Mr. Barrett stated 654 Item 10b cont'd. Councilman Allred congratulated the Arts Commission in the manner they used in working this out, stating that she hopes they can use some of these procedures next year in the outside agency funding. The motion was carried by the following vote. Ayes: Acting Mayor Kirkham, Councilmen Thompson, Allred, and Buffum Nays: None Item 10c RESOLUTION NO. 180-87 RESOLUTION SETTING OCTOBER 11, 1987 TO OFFICIALLY RECOGNIZE FIRE FIGHTERS KILLED IN THE LINE OF DUTY Moved by Councilman Buffum that Resolution No.180-87 be passed. Motion seconded by Councilman Thompson. Acting Mayor Kirkham applauded the recognition of these firefighters killed in the line of duty. Fire Chief James noted the memorial service planned. Councilmen Buffum and Thompson commented on the appropriateness of this activity, with Councilman Thompson requesting that letters be sent to churches so that the ministers may include something about this in their sermons. The motion was carried by the following vote. Ayes: Acting Mayor Kirkham, Councilmen Thompson, Allred, and Buffum Nays: None Item lla RESOLUTION NO. 181-87 RESOLUTION TO AWARD BID AND APPROVE CHANGE ORDER NUMBER 1 TO THE HILLCREST RECONSTRUCTION COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT; PROJECT 87-3 Moved by Councilman Thompson that Resolution No. 181-87 be passed. Motion seconded by councilman Buffum. Councilman Thompson asked Mr. Bonnett to explain what fly ash concrete is. Mr. Bonnett stated that it is a water reducing agent, and can be very effective if properly used. They are doing this under very controlled situations. Too much water creates a drastic reduction in strength. It is an excellent cost reduction tool . You can use less cement and maintain the same strength. If properly used, it will be a five to seven percent cost savings. He has a lot of problems with this if used without controlled situations. The motion was carried by the following vote. Ayes: Acting Mayor Kirkham, Councilmen Thompson, Allred, and Buffum Nays: None Item 12a Discussion was held on a tax abatement program. Councilman Thompson requested that a tax abatement tool be used in the improvement of District Two. There are some business people who are interested in locating their business on Eastside Drive, if the price is right. He is hoping that the City, County, and School can put together a tax abatement and enterprise zone. He is soliciting support to go ahead with this program. 653 Ayes: Charles Harper, Mayor, Councilmen Hirschi Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6g The bid for a 3/4 ton pickup was awarded to Patterson Oldsmobile in the amount of $11,829.71 . Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6h The bid for a one-half ton cab and chassis was awarded to Ron Roberts Ford in the amount of $10,715. 22. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6i The bid for six sedans was awarded to Longhorn Chevrolet in the amount of $62, 377. 62. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6j The bid for ten police cars was awarded to Longhorn Chevrolet in the amount of $127,022 .28 , including $5,790 in extended warranties. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6k The bid for two mini vans was awarded to Longhorn Chevrolet in the amount of $21 , 935.72. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 61 The bid was awarded to Northgate International, as follows. a. Seven, 15,000 GVW Cabs and Chassis - $142,884. 70 b. One, 24,500 GVW Cab and Chassis - $22, 996. 69 c. Five, 35,000 GVW Cabs and Chassis - $249, 727. 60 Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6m The bid was awarded to Rand Automated Compaction Systems, Inc. , as follows. a. Five, 27 cubic yard packer bodies - $108,958. b. Two, 6 cubic yard packer bodies - $23 , 504 . 80 Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 654 Item 6n The bid for three tandem trailers was awarded to Longhorn Trailer and Body, Wichita Falls, in the amount of $17,640. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6o The bid for two motorcycles was awarded to Kawasaki City, Irving, in the amount of $12,178 . Councilman Thomas noted that the next lowest bid is only $300 off, and is local. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thompson, Allred, and Buffum Nays: Councilmen Thomas and Kirkham Item 7a Minutes of the meeting of the Kemp Library Advisory Board held September 2, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allreu, Buffum, and Kirkham Nays: None Item 7b Minutes of the meeting of the Zoning Board of Adjustment held September 16, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7c Minutes of the meeting of the Kemp Library Advisory Board held September 16, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7e Minutes of the meeting of the Commission on Aging held September 23 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None The City Council recessed at 6: 50 P.M. , and reconvened at 7 : 35 P.M. Councilman Thompson did not return until 8: 15 P.M. Item 5a Resolution No. 182-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS Moved by Councilman Allred that Resolution No. 182-87 be passed. 1 655 Item 12a cont'd. Assistant City Attorney Jeanie Thompson stated that you cannot overlap tax increment financing and tax abatement zones. The most effective program is to take a program and overlay it. It is a direct shot to the person who puts in a business. Tax increment financing is not so direct. On tax abatement, it is direct dollars to debt fi- nancing on a business. Tax abatement has been amended this year. You set it up for a designated period. Other cities say if you are going with a fifteen year period, everyone in this zone during the first five years would get seventy percent tax abatement for fifteen years. After that, the incentive is not so high. It is elective for the school and county to participate. You cannot tax abate in the tax increment financing zone. It needs to be as carefully planned as a tax increment financing area. Give incentives to those who come in first, and later decrease those incentives. Councilman Thompson stated that this might encourage people to come in and buy some of these properties on which tax is owed and improve them. He would like to get the council ' s interest, and the staff to pull together members of the school board, BCI , county, and city council to sit down and talk about tax abatement first of all . Councilman Buffum agreed that it would be very helpful to get other entities in- volved. Mr. Barrett stated that from a long -term perspective, there are several areas in the city that need to be looked at which may stabilize and preserve property tax rates. Mr. Berzina stated that they visited with Mike Lawson. They probably need more information staff -wise. He concurs and will work toward a meeting with this. The staff needs to become familiar with other areas of the City that need attention. Lindsey Walker, 1411 Trout, stated that he is interested in this tax abatement program because it seems to complement what the economic development committee is trying to do. They would like to be included in any discussions of this tax abatement program. They are mobilizing the people to obtain their support. Councilman Kirkham commended Mr. Walker for the work he is doing, along with Councilmen Buffum and Thompson. Mr. Berzina noted that the Furr Store donated $10,000 to the City. The Council said they wanted $5,000 of that for the economic development fund. They are now ready to transfer these funds to Mr. Walker for that purpose. Item 12b Councilman Kirkham appreciated the work done on the railings across the ditches in Lincoln Heights addition. He also noted that some people in the Tanglewood area thanked him for some work done in that area. Councilman Thompson expressed appreciation to Mr. Murphy for the flowers on the Aubrey Wilson Parkway. Mr. Berzina presented a summary of the Harding Street project to the council . Items 12c, d The City Council recessed into executive session at 9:40 A.M. , according to Article 6252 -17, Section 2, Paragraphs (e) , and (g) of the Revised Civil Statutes. The meeting reconvened at 10:35 A.M. Moved by Councilman Allred that the following board appointments be made. 656 Items 12c, d cont'd. a. Mental Health Mental Retardation Board of Trustees- Terms to expire August 31, 1989 1. Conrad Staley (appointed) replacing Dr. Grant Hulse Wagner 2. Thomas C. Seebo II (appointed) replacing Tom Curran 3. Larry Lambert (reappointed) 4. Louise Hunter (reappointed) 5. J. B. Holt (reappointed) b. Mental Health Mental Retardation: Public Responsibility Board-Terms to expire August 31 , 1989 1 . Linda Weber (reappointed) 2. Ron Goldstein (reappointed) 3. Jackie Hall (reappointed) 4. Mikal Lambert (reappointed) c. Mechanical Board of Adjustments 1 . Hugo Eckelcamp (replacing Marilyn Gamble) Term to expire December 31, 1988 d. Task .Force on Handicapped Terms to expire June 1, 1988 1 . Morrow S. (Mike) Crum (appointed) 2. Paul M. Strong (appointed) 3. Marilou Johnson Wright (appointed) d. Human Relations Commission 1 . Freddie G. Castillo (replacing David A. Goodrich) Term to expire December 31, 1987 f. Mayor' s Commission on the Status of Women 1 . Barry Macha ex-officio member-Term to expire September 30, 1989 Motion seconded by Councilman Buffum, and carried unanimously. The City Council adjourned at 10:37 A.M. PASSED AND APPROVED THIS h^'L`�>'✓DAY OF ! 2i , 1987. C arles Harper, Mayor ATTEST: Wilma J. ThodrAs, CMC/AAE, City Clerk i 655 Motion seconded by Councilman Buffum. Councilman Hirschi asked Mr. Hodge about a conflict of interest on this matter for Councilman Thompson. Councilman Buffum had also asked this same question. Councilman Hirschi referred to Paragraph 18 of each of these contracts. City Attorney, H. P. Hodge explained that Councilman Thompson would need to abstain. (He was not here, yet, anyway. ) Councilman Hirschi noted that it goes farther than this. Mr. Hodge agreed, suggesting that they pass it like it is, and he would take a look at it later. Charles Harper, Mayor, noted that he is on the Board of Child Care, Inc. Councilman Hirschi asked about Paragraph 23 on 1, Renegotiation. Mr. Hodge explained these terms. The motion was carried by the following vote. Ayes: Councilmen Hirschi, Thomas, Allred, Buffum, and Kirkham Nays: None (Councilman Thompson was out of the room, and Charles Harper, Mayor, abstained due to a possible conflict of interest. ) Item 5b Resolution No. 183-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH INDIVIDUAL DEVELOPMENT CENTER, INC. FOR TWO VOCATIONALLY HANDICAPPED CREWS Moved by Councilman Buffum that Resolution No. 183-87 be passed. Motion seconded by Councilman Hirschi. Assistant City Manager Louise Houseworth explained that the Parks crew would provide a supervisor and IDC would provide a supervisor for the Street crew. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, and Kirkham Nays: None (Councilman Thompson was out of the room. ) Item 6e Moved by Councilman Thomas that the bid for twelve one-half ton pickups be awarded to Longhorn Chevrolet in the amount of $125, 831. 16 . Motion seconded by Councilman Buffum. Robert Parker explained that the truck they will receive will meet specifications. The motion was carried unanimously. (Councilman Thompson was out of the room. ) Item 7d Moved by Councilman Buffum that minutes of the meeting of the Board of Directors of Reinvestment Zone Number 1, Tax Increment Financing, be received. 660 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. 185-87 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTABLE ACCOUNTS RECEIVABLE TOTALING $61 ,133 . 26 FROM AN ACTIVE TO DORMANT STATUS Moved by Councilman Thompson that Resolution No. 185-87 be passed. Motion seconded by Councilman Buffum. Fred Werner explained that this is the same as in previous years. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilman Allred was out of the room. ) Item 9c Resolution No. 186-87 RESOLUTION TO APPROVE A CONTRACT WITH CONSULTING ENGINEERING FIRM FOR AN ENGINEERING STUDY ON THE RIVER ROAD WASTEWATER TREATMENT PLANT AND TO CHANCEL AN EXISTING CONTRACT FOR THE SAME PURPOSE. Moved by Councilman Hirschi that Resolution No. 186-87 be passed. Motion seconded by Councilman Buffum. Mr. Bonnett explained the purpose of this ordinance. The engineer is hiring a specialist in this area. Councilman Thompson asked if the engineer had any liability if work is inadequate? Mr. Bonnett stated that it is implied in state statutes. Councilman Hirschi expressed hope that the City will send someone to a recycling sludge conference on November 406, 1987. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9d was pulled from the agenda Item 9e Resolution No. 187-87 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR PARTICIPATION IN THE SECTION 1 661 312 LOAN PROGRAM AND TO EXECUTE THE REQUIRED CONTRACTS AND AGREEMENTS. Moved by Councilman Thompson that Resolution No. 187-87 be passed. Motion seconded by Councilman Hirschi, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 10a Permission was requested to advertise for bids to seal leaks at the new secondary reservoir near Jaycee Park. Mr. Bonnett explained that they had found leaks, but nothing blatantly obvious which would cause these leaks. They commissioned Biggs and Mathews to make an inspection of this area. Moved by Councilman Kirkham that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Buffum, and carried unanimously. Item llb Discussion was held on mowing of large vacant tracts. Edward Barrett explained the previous policy, stating that mowing of buffer strips was allowed. Mr. Longest was once permitted to only mow the buffer strip. He has now been asked to mow the large lot in its entirety. He requested Council input on whether the ordinance should remain as is, or be changed. Tom Longest, 2007 Hiawatha, stated that the property in question is five acres on Windthorst Road. He stated that this seems to be treated as a private nuisance, rather than a public j nuisance. He does not believe that mosquitoes and skunks are good reasons. They are found all over town. He believes we have a double standard. The city has permitted perimeter mowing in some areas for economic reasons, but individuals do not have this choice. He asked for a definition of objectionable, unsightly, or unsanitary matter. He also asked that health standards be defined. Councilman Thomas agreed that mowing larger tracts around the perimeter would be acceptable. The Council asked the staff to come back with a recommendation. Mr. Berzina questioned how a tract would look if you only mowed around the perimeter, and left tall weeds in the middle? We need to look at what is around it. Councilman Kirkham stated that we need an ordinance to correct this situations. Code Enforcement Officer Jim King showed a video indicating compliance in mowing this property. Mr. Longest feels this is an unjust law dealing with health, stating they are really enforcing looks. He explained about the times he was filed on in court. Charles Harper, Mayor, requested Mr. Berzina to come back with a recommendation. Councilman Hirschi requested that areas of heavy mesquite be addressed. Councilman Thompson complimented Code Enforcement for a good job done on the East Side. He stated that large tracts need to be cut back. 662 Item llc Mr. Berzina mentioned several ordinances which they will be getting out to the Council as soon as possible. He also asked their thoughts on day or night meetings, or leave it like it is? Councilman Allred asked him to bring it back again. Councilman Buffum stated that he would entertain a change after we get the recording equipment. Mr. Berzina stated that he had talked to Dr. Carmine at the school about a meeting in November. Councilman Kirkham will meet with them. Charles Harper, Mayor, stated that on October 22 , at 7: 00 P.M. , a brainstorming session will be held with area mayors, at the log cabin. On October 28, at 6: 30 P.M. , a barbecue will be held for Japanese educators at the Camp Fire but in Harrell Park. Item lld The City Council recessed at 10: 40 P.M. into executive session, according to Article 6252-17, Section 2, Paragraphs (f) and (g) , of the Revised Civil Statutes. The meeting reconvened at 11: 25 P.M. Item lle Resolution No. 188-87 RESOLUTION APPOINTING TWO MEMBERS TO THE BOARD OF DIRECTORS OF THE WICHITA COUNTY APPRAISAL DISTRICT. Moved by Councilman Thomas that Resolution No. 188-87 be passed, appointing Ron Buffum and John Hirschi to the appraisal district. Motion seconded by Councilman Kirkham, and carried by the following votes. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None The City Council adjourned at 11: 30 P.M. PASSED AND APPROVED THIS DAY OF 1987. Charles Harper, M or ATTEST: Wilma J. Thomas, CMC/AAE, City Clerk