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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 gym:,