Min 03/02/1993 244
Wichita Falls, Texas
Memorial Auditorium Building
March 2, 1993
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.
j Michael Lam - Mayor
David Farabee -
Terrance E. Loughry -
Angus Thompson - Councilors
Paul Hughes -
J. W. Martin -
Harold Hawkins -
James Berzina - City Manager
Gregory Humbach _ City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Gary Scarlett, University Park
Church of the Nazarene.
Item 3
George Robinson, Jr. , Fire Department, was honored as
Employee of the Month for March. Mayor Lam presented him with a
plaque, City of Wichita Falls pin, bus ticket, check, and
tickets to a dinner.
Mayor Lam presented proclamations on Blue Ribbon Day to the
State Hospital and Helen Farabee Center, and also a proclamation
on Adult Literacy Month.
Item 4
Moved by Councilor Hughes that minutes of the meeting held
February 16, 1993 , be approved.
Motion seconded by Councilor Thompson, and carried
unanimously.
Items 5a-7a
Moved by Councilor Hughes that the consent agenda be
approved.
Motion seconded by Councilor Farabee, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 5a
RESOLUTION NO. 33-93
RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON
TAX ACCOUNTS AS LISTED ON THE ATTACHED REPORT.
245
Item 6a
RESOLUTION NO. 34-93
RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING
FINAL PAYMENT TO THE CONTRACTOR FOR THE LANDFILL SOIL
LINER 9 PROJECT
Item 7a
Minutes of the meeting of the Planning and Zoning
Commission held February 10, 1993 , were received.
Item 8a
ORDINANCE NO. 15-93
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS CHANGING THE NAME OF COLLARD STREET TO OTIS POLK
DRIVE; PROVIDING FOR A WAIVER OF THE STREET NAME
CHANGE FEE; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Martin that Ordinance No. 15-93 be
passed.
Motion seconded by Councilor Thompson.
Otis C. Polk III , 1400 Normandy Drive, thanked the Council
for this honor in naming the street after his father.
Councilor Thompson noted that so many people have benefited
from the paving of this street so that children may walk to
school, and he appreciated this action very much.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9a
RESOLUTION NO. 35-93
RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM
FOR ENGINEERING SERVICES RELATING TO IMPROVEMENTS AT
THE NORTHSIDE WASTEWATER TREATMENT PLANT
Moved by Councilor Hughes that Resolution No. 35-93 be
passed.
IOWA
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9b
RESOLUTION NO. 36-93
RESOLUTION GRANTING THE RAILROAD MUSEUM PERMISSION TO
MOVE THE STEAM ENGINE FROM ROTARY PARK TO THE RAILROAD
MUSEUM SITE.
Moved by Councilor Thompson that Resolution No. 36-93 be
passed.
Motion seconded by Councilor Martin.
246
Item 9b, cont'd.
Randolph Duke, 4131 Beard, appeared as the new president of
the Railroad Museum, thanking the Council for permitting this
engine to be moved.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9c
RESOLUTION NO. 37-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS CANCELING A CAR RENTAL LEASE WITH M & M
RENTAL SERVICES, INC. , D/B/A NATIONAL CAR RENTAL OF
WICHITA FALLS, THROUGH WILLIAM HURLEY (NATIONAL
LICENSEE) ; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Martin that Resolution No. 37-93 be
passed.
Motion seconded by Councilor Hughes.
Councilor Hawkins noted for the record that he will abstain
from discussion or voting on this matter.
Councilor Loughry wondered if this lessee could get caught
up on his payments, and Mr. Berzina explained they had worked
with him on it previously, but there are other car rental
agencies at the airport. We will try to fill this slot, but we
have also tried to collect the money.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin.
Nays: None
Item 10a
RESOLUTION NO. 38-93
RESOLUTION AWARDING CONTRACT FOR PURCHASE OF FLOWERS
FOR PARKS AND MEDIANS
Moved by Councilor Farabee that Resolution No. 38-93 be
passed.
Motion seconded by Councilor Hawkins, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item lla
Jane Colby, 4665 Brookdale, appeared as President of the
Board of Directors of the Womens ' Y, regarding the softball
league sponsored by the Y. They charge $30 . 00 per player, and
the City charges $20. 00. It was her belief that the citizens of
Wichita Falls will be subsidizing this program. She mentioned a
fee for the Womens ' Y for maintaining the fields at Jaycee Park,
and they elected to play all of their games at the new facility.
She opposed the City taking over this program or offering
247
Item lla, cont'd.
another womens ' program. She presented a petition in support of
their program.
Bill Franklin, 4406 Randel, opposed City sponsorship of the
womens ' fast pitch softball league, but not their right to have
one. He stated he believes this will be a very costly and
dangerous precedent. The Womens ' Y will continue to offer
softball through age 18 . He did not believe the City can break
even on $275 per team.
Ken Duncan, 4328 Rhea Road, is with the girls fast pitch
softball association. He commented that the Y said this would
be done for the young girls at the cost of the older girls. He
stated they offered fast pitch previously for ages 14, 16 , and
18 . In these age groups now they offered nothing. He stated
they travel, and have not seen the situation where the Womens ' Y
runs the program, but is done by the Parks and Recreation
Department. They want to see this program go. They have been
told there is excess capacity on the fields. They are talking
about 200 girls who just want to play softball. It is the girls
who will suffer if they do not have this program. He stated he
would not play in the Y league under any circumstances. He
stated their fee was $300 per team last year. He also confirmed
they have not been soliciting this group. In fact it is just
the opposite, the people have been calling them instead.
Darrell Armstrong, 4424 McNiel, stated that he coached four
years in the Womens ' Y league. He stated he had contacted two
of their coaches, but the other league has been contacting their
league. He stated the fast pitch group did not want to wear the
Y logo on their uniforms. He would like to see the Y keep the
program, but does not see the City in competition with the Y.
Jerry Parker, 4909 George Street, favored keeping the
league with the Y, and does not see why the City needs to
subsidize this program.
Lynn Tripp, 2902 Speedway, was involved in the five year
contract with the Y. He sees the City becoming involved in
running a program which has been successful with a not-for-
profit organization. He feels they can run these programs more
effectively and efficient than the City.
Roy Ellison appeared, stating they have a bingo program to
support development of these fields. They have competition
going on in their leagues. On behalf of the Sunrise Optimist
Club they would like to continue this program. He does not
understand why the City would want to go into this program which
will cost the taxpayers.
Mayor Lam summarized what has been presented, stating this
has been brought up suggesting that the City is wanting to get
into it. The fact of the matter is that people came to the
City and asked that we get into it because some people will not
go with the Y program. The staff and Parks Department had every
right to investigate this program. He emphasized that if you
play golf, tennis, or have a picnic, or rent a room for a
meeting, or most anything else, you are being subsidized by the
City. The City is in the business of equality in trying to
treat everyone on an equal basis. He stated he is a fan of
private organizations and non-profit services. The City does
not think they can do it better or worse, but we have been
approached to sponsor this program. He would hope the two can
live together and co-exist. There are two levels of play, and
two different sets of rules and philosophies. It seems to be a
maturity process in girls softball. He concurs with the
decision of the City to form a league and treat these two
entities the same.
Mr. Berzina commented on the subsidy, stating the City has
been trying to do away with subsidy. It is not the City' s
intention to compete with the Y. The City is doing seven
248
Item 11a, cont'd.
leagues right now. The softball complex was built with the
instruction to use these fields. He pointed out we had private
organizations using City property and conducting leagues on it.
They came up with the contracts because they were being asked to
provide a higher level of maintenance. The City is subsidizing
this program to the tune of $93 ,000 per year with water,
electrical, maintenance, and personnel. They all stay about the
same. If you look at just this program it does not show a
subsidy if you do not look at the fixed costs. The City
believes they can do this without dipping into the taxpayers '
pocket because of the fixed costs. How do you say to a young
girls league that they cannot use it when we are already
sponsoring seven.
Councilor Hawkins stated that he feels the City is in a no
win situation. What happens when someone in the men' s Y or the
Boys Club come to the City and want us to run their programs.
He would like to try to keep it with the Y.
Councilor Loughry believed we should promote baseball,
stating it has decreased since 1983 . He presented some numbers
which he questioned. He stated he does not agree to get into
the business of doing something that is already pretty well
managed. He feels we should not compete with our own people,
but promote them. Councilor Martin again pointed out they were
requiring a higher level of service. Mr. Berzina emphasized
they were reserving these fields, and now they will be available
for other use.
Councilor Hughes also felt the City was in a no-win
situation. There are different levels of maintenance, and with
exclusive use it would make the costs different. He noted this
particular group has been on a league for a couple of years, and
came back to the City with this proposal when they did not have
fields to play on because the Y had them exclusively tied up.
The real bottom line is for the City to provide the best we can
for all citizens. Any particular activity that a person does is
their own special interest, but overall we have to look at the
good of the whole city. It is a lot different in someone coming
to them with a soccer or football league, which we do not have
now, but we do have a seven league softball program. He
supports this arrangement which helps more kids use our parks
and play ball.
Councilor Thompson echoed the comments made by Councilor
Hughes that it is really the children' s role in this. They
should be able to play softball. Adult attitudes should not
enter into it. He can understand the dilemma, but the main
thing is getting our children involved in something
constructive.
Mr. Berzina noted that he is hearing pirating their teams
in this discussion. He would instruct the staff anytime they
are approached by any teams on an existing organization that we
have a standing practice and sit down with those organizations
and find out what the situation is. He would suggest this to
Mr. Murphy in the future so that the Council does not have to
j referee these things.
Mary Ward appeared as Interim Director of the Womens ' Y,
stating they have seen their programs at the Y pirated at the
City in the past. She stated she appreciates the programs the
City has, but not at the expense of the non-profit groups. She
mentioned the dog obedience program, which now the City
operates. It is a matter of programming, and urged that non-
profits be remembered and taken into consideration.
Mayor Lam noted that she had admonished the Council, and he
would like to admonish her to listen to people, stating that
people ' s needs and programs change. If they do not do this,
those people will go out and seek other services. Mrs. Ward
i
249
Item lla, cont'd.
stated that when she first came on the Y board it was a very
rigid board, but they are now looking at ways to change.
Councilor Hughes noted that he serves as liaison to the
Park Board, and they have had requests for programs, but have
not offered them because they are being offered by other
organizations. The City does not jump into things just for
competition. This league which has started in the City has
already split from the Y, and operating as a private league for
a couple of years. It is not a situation where we tried to
steal something from them. We want everyone involved who want
to be, and offer services that are needed.
Item llb
Councilor Thompson commended the Council on its diplomacy
skills this morning in reference to softball. He also noted
that better lighting is needed at Ridgeway and Roanoke. He also
urged individuals who live in apartments owned by out of town
investors to call Code Enforcement to file complaints.
Councilor Thompson commended the Police Department for a job
well done in District 2 on drugs, stating he hopes the
storefront operation will soon begin at the Martin Luther King
Center.
Councilor Martin noted he had been approached by citizens
regarding having their water bills on draft. Mr. Berzina stated
they would look into it. He also commended the Police
Department on their efforts to reduce crime in our city. In
regard to putting cellular phones in certain vehicles, Chief
Harrelson explained they are waiting for a cost estimate.
Item llc
Mr. Berzina noted that Mr. Bonnett will report on the
Callfield Road situation for possibilities and alternatives to
solve problems in this location. Mr. Bonnett explained that
Callfield has been in the capital improvements program since
1985. He stated there is a perceived problem in this area, but
that is one of the reasons why people choose to live here
instead of a large metropolitan area. They normally design for
the 30th highest hour. Congestion cannot be avoided at all
times. It mostly happens during the Christmas season. Capacity
was addressed. The more intersections you have the less green
time on the light. Until you get more capacity or divert the
traffic you will not have a solution.
Gary Johnson, Design Engineer, reviewed the traffic lights
in this area. The cheapest solution they could come up with is
to remove the traffic light and construct a median to completely
restrict left turns from Kemp to Lawrence Road. Another
solution would be to post no left turn signs and try to enforce
it. They could also widen Callfield Road from Kemp to Lawrence.
The traffic light could also be removed at Rhea Road to provide
more open space in the traffic. They could provide a South
bypass in realigning Lawrence Road and turning East to the mall
entrance. Rhea Road would be closed out and realign a small
section of it. Another option would be the realignment of
Lawrence and Rhea as a bypass. A North reliever road would be
the last option in two phases.
Mr. Bonnett explained he does not believe the North bypass
will address the problem because we would still need to do some
work on Callfield. You would also just be moving the problem to
another place. On converting Callfield to certain East and
Westbound lanes, there is a very high potential that traffic
would wind its way into a residential area.
250
Item llc, cont'd.
Councilor Hughes commented that he had observed that the
maximum traffic is from Thanksgiving to Christmas. With no left
turn now to Faith Road going West it does not seem to be near
the problem that it was at that time. A lot of the problem was
caused by construction on Callfield.
Mr. Berzina stated he would want to get better costs on it.
Mayor Lam noted that a turning lane is needed between Kemp and
Lawrence first of all. Councilor Martin noted that option 4 of
the report makes more sense to him. Mr. Berzina explained that
CDBG funds would not be available for use at this location.
Highway funds might be considered. Councilor Martin asked for
citizen involvement for use of these proposed funds. He
suggested that each Council member select one person from his
district.
Item lld
The City Council recessed into executive session at 10: 27
a.m. , according to Article 6252-17, Section 2(g) , VACS. The
meeting reconvened at 10: 40 a.m.
Item lle
Moved by Councilor Hughes that Sandy Goff be reappointed to
the Civil Service Commission for a term to expire March 1, 1996.
Motion seconded by Councilor Thompson, and carried
unanimously.
Item llf
Moved by Councilor Hughes that Ann Kisor be appointed to
the Mayor ' s Commission on the Status of Women for a term to
expire September 30, 1994. (Replaces Kris Gossom. )
Motion seconded by Councilor Hawkins, and carried
unanimously.
Item llg
Councilor Loughry was named Council liaison to the
Commission on Human Needs.
The City Council adjourned at 10: 42 a.m.
PASSED AND APPROVED THIS /h//&t,,DAY OF F LLJ , 1993 .
Michael Lam, Mayor
ATTEST:
Wilma J. Thomas, CMC/AAE
City Clerk
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