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Min 05/05/1992 32 Wichita Falls, Texas Memorial Auditorium Building May 5 , 1992 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. Michael Lam - Mayor David Farabee - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Don Kirkham - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by L. W. Washington, St. Matthew Baptist Church. Mayor Lam presented Commendation of Merit certificates to Keaton Grubbs and Becky Turpin, of the Greater Wichita Falls Soccer Association for their participation in bringing the soccer team from Fuerstenfeldbruck, Germany, to Wichita Falls. Mayor Lam also read a proclamation for National Prayer Day on May 7, 1992 . Item 3a, b, c The results of the City election held on May 2, 1992, were canvassed by Mayor Lam and City Clerk Wilma Thomas. RESOLUTION NO. 71-92 RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, ON MAY 2, 1992, FOR MAYOR, COUNCILOR FOR DISTRICT 3 , COUNCILOR FOR DISTRICT 4 AND COUNCILOR FOR DISTRICT 5 Moved by Councilor Kirkham that Resolution No. 71-92 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson Hughes, Martin, and Kirkham Nays: None 33 Item 3a, b, c, cont'd. The newly elected council members were sworn in by City Clerk Wilma Thomas. Mayor Lam lauded Councilor Kirkham for six years of faithful service to the City and District 5, stating they should be very proud of him for his representation, and also for his service as Mayor Pro tem. He presented gifts to Don and Sue Kirkham, along with a plaque and portrait. Don expressed appreciation to his wife, Sue, his grandson, and other family members, and for his support in District 5. He wished Mr. Hawkins and his family the best of luck. He stated that the City employees and staff have supported him in the finest fashion. Mayor Lam introduced Harold and Margaret Hawkins. Mr. Hawkins introduced his grandson, Christopher, and thanked Joe Johnson and his secretary for their hard work. The City Council recessed at 9: 00 a.m. for a reception honoring Don Kirkham and Harold Hawkins. The meeting reconvened at 9: 25 a.m. Item 4a Gwen McWhorter, Health Department, was honored as Employee of the Month for May. Mayor Lam presented her with a plaque, City of Wichita Falls pin, check, bus tickets, and tickets to a theatre and dinner. Item 5 Moved by Councilor Martin that minutes of the meetings held April 21 and 30 , 1992, be received. Motion seconded by Councilor Hughes, and carried unanimously. Items 6a-7d Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 6a RESOLUTION NO. 72-92 RESOLUTION APPROVING WAIVER OF PENALTY AND INTEREST ON ACCOUNT # 3440-053-3400 34 Item 6b RESOLUTION NO. 73-92 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 4920-003-0000 Item 7 Minutes of the meetings of the following boards and commissions were received. a. Library Advisory Board - March 24, 1992 b. Water Resources Commission - April 3 , 1992 c. Board of Electrical Examiners - April 9, 1992 d. Planning and Zoning Commission - April 13 , 1992 Item 8a ORDINANCE NO. 37-92 ORDINANCE WAIVING SECTION 22-1(a) ( 9) , SECTION 22-3 , OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND ATTENDANCE AFTER CURFEW FOR A NIGHT OF PRAISE SINGING EVENT MAY 15, 1992 IN JAYCEE PARK Moved by Councilor Martin that Ordinance No. 37-92 be i, passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8b ORDINANCE NO. 38-92 ORDINANCE WAIVING SECTION 22-1(a) (3 ) AND SECTION 22- 1(a) ( 9) CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS, SIGNS, AND RESERVATION OF LAND DURING A FUND ' C RAISING EVENT BY CHILDREN S MIRACLE NETWORK OF WICHITA L GENERAL HOSPITAL MAY 23 , 1992 IN LUCY PARK AND THE FALLS TRAIL Moved by Councilor Thompson that Ordinance No. 38-92 be passed. Motion seconded by Councilor Martin. Councilor Farabee stated he will abstain from voting on this since he is on the Board of these two organizations. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 35 Item 8c ORDINANCE NO. 39-92 AN ORDINANCE WAIVING SECTION 22-1(a) ( 3 ) AND SECTION 22- 1(a) (9) , SECTION 22-3 , SECTION 22-4 , AND ZONING ORDINANCE SECTION 5420( 5 ) TO PERMIT VEHICLES ON THE GRASS, SIGNS, USE DURING CURFEW, CONSUMPTION AND SALE OF BEER BY DELBERT SIMMS TO SPONSOR A JUNETEENTH EVENT JUNE 19-21, 1992 IN SPUDDER PARK Moved by Councilor Hughes that Ordinance No. 39-92 be passed. 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 8d ORDINANCE NO. 40-92 AN ORDINANCE MAKING AN APPROPRIATION FROM HOTEL-MOTEL FUND EQUITY TO PROVIDE ASSISTANCE TO THE HERITAGE SOCIETY FOR A RAILROAD MUSEUM PROJECT Moved by Councilor Martin that Ordinance No. 40-92 be passed. Motion seconded by Councilor Hughes. Bill McGregor and Ken Van Loh addressed concerns posed by Councilor Farabee concerning whether the City is wisely spending this money. Mr. McGregor stated this appropriation from the City is what they needed to put them over the $80, 000 mark. Without this they may not have been able to do it. He noted that a restaurant had come to them indicating an interest in locating a restaurant in the Big C Appliance Building, which is for sale. This is an example of outside interest and impact to the downtown area. Councilor Thompson commented that he can envision the spinoff of this. He commended them for their efforts. Councilor Hawkins stated he believes this is the type of joint venture we need. He suggested giving them up to $20,000 instead of the actual $20,000. Mayor Lam noted that the Council is of one accord that the entire $20,000 will be needed, and traditionally they have always given a specific amount; Mr. " Berzina explained they should stipulate that this is a grant, and is not to be used for operating funds. Mayor Lam stated this has been well explained to them. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 36 Item 8e ORDINANCE NO. 41-92 ORDINANCE AMENDING SECTION 22-1(a) ( 3 ) AND SECTION 22- 19(a) ( 9) OF THE CODE OF ORDINANCES PERMITTING THE CITY TO DRIVE UPON THE GRASS AND POST SIGNS IN PARKS Moved by Councilor Thompson that Ordinance No. 41-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8f ORDINANCE NO. 42-92 ORDINANCE WAIVING SECTION 22-1(a) ( 3 ) , SECTION 22- 1(a) ( 9) , OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON GRASS AND SIGNS BY KLUR FOR A TRUE VALUE MUSICAL EVENT MAY 23 , 1992 IN LUCY PARK Moved by Councilor Farabee that Ordinance No. 42-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9a RESOLUTION NO. 74-92 RESOLUTION GRANTING EXTENDED RESERVATION PRIVILEGE OF BRIDWELL BALLFIELD TO THE WICHITA FALLS GIRLS ' FAST PITCH ASSOCIATION IN 1992 Moved by Councilor Hughes that Resolution No. 74-92 be passed. Motion seconded by Councilor Martin. Councilor Hawkins confirmed this is a separate organization not under the City' s umbrella. Jack Murphy explained they have asked the City' s permission for extended use. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 37 Item 9b RESOLUTION NO. 75-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS FOR DRAINAGE IMPROVEMENTS ON FM 369, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Hughes that Resolution No. 75-92 be passed. Motion seconded by Councilor Martin, and carried by the y= following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson Hughes, Martin, and Hawkins Nays: None Item 9c RESOLUTION NO. 76-92 RESOLUTION WAIVING RESOLUTION 120-86 , THE LUCY PARK LOG CABIN RENTAL RULES, TO ALLOW EARLY ACCESS FOR A RENTAL MAY 9, 1992 Moved by Councilor Thompson that Resolution No. 76-92 be passed. Motion seconded by Councilor Farabee. Discussion was held on the reason for setting the hours as they are at the Log Cabin. Mr. Berzina stated they can look at it to determine if there is a need for change. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10a A proposed resolution was presented to approve change order No. 1 for Holliday Creek interceptor project. A motion was made by Councilor Hughes, and seconded by Councilor Martin, for its passage. Councilor Hawkins questioned the per foot charge. Mr. _ Bonnett explained the state statute regarding negotiated bid items, stating the contractor has the right to come back and negotiate the over run costs beyond twenty-five percent. Councilor Thompson commented that this is a very devious way to increase their intake from the City. Mr. Bonnett stated that what he has described is not unusual, and is particularly prone in federal projects. Councilor Loughry also questioned the renegotiated quantity bid, stating he felt it is out of line. Mr. Bonnett stated that Council can reject the change order and go into a court situation. He believes it is financially to our advantage to go with it and save money. Mr. Bonnett stated that $32. 00 a yard is not an uncomfortable price for this. 38 Item 10a, cont'd. Moved by Councilor Hawkins that this motion be tabled and send it back to Public Works for renegotiation of this bid item. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Councilors Farabee, Loughry, Thompson and Hawkins Nays: Mayor Lam, Councilors Hughes and Martin Item 10b A proposed resolution was presented to accept the CDBG Amber, Barton, Lee, and Redbud street reconstruction project, and authorize final payment to Duke Construction Company. A motion was made by Councilor Farabee, and seconded by Councilor Hughes, for its passage. Councilor Hawkins asked if we would accept this kind of surface with a contractor of a new subdivision? Bill Parker stated we cannot run the job for the contractor. This is the first time they have had this situation. The contractor was warned that he would have to meet specifications. Mr. Berzina explained to Councilor Loughry that CDBG people are not quality control people and they do not inspect the streets. They only verify if the streets are in the CDBG area. He pointed out that the problem is the roughness. Any further grinding will likely weaken the structural design. Mr. Bonnett stated that the contractor has done a lot of work in trying to keep it closer to specifications. He can do additional grinding work, but they are uncomfortable with having him do any more work which would affect the structural quality. Councilor Hawkins inquired if they could make restitution to the City for poor work? Mr. Bonnett stated that is one option. Moved by Councilor Hawkins that we enter into negotiations with the contractor to reach a settlement on the substandard work which has been done, and bring back a recommendation to the Council, and to appoint someone from the Council to assist in negotiation. Motion seconded by Councilor Hughes. Councilor Thompson objected to a precedent of involving Council members in something we have not done before, stating he feels the City Manager should be held responsible for this. Councilor Hawkins accepted staff negotiation in his motion, as opposed to a member of the Council. Mr. Humbach noted extra costs involved in getting into a court situation. Mayor Lam stated that when this message gets out they will be looking at higher bids for their services. He has confidence that the staff will not cheat the contractors, but this is something which should be considered. The motion carried by the following vote. Ayes: Councilors Farabee, Loughry, Thompson, Hughes, Martin and Hawkins Nays: Mayor Lam 39 Item lla Mayor Lam addressed a second generation lease which is presented for consideration of future leases which expire after May 1, 1992. Moved by Councilor Hughes that Paragraph 2 of the lease be modified to state that the rental be $480. 00 a year payable annually. Motion seconded by Councilor Farabee. James Kellett, Chairman of the Lake Arrowhead Association, expressed concern about the five year review of the lease, and possible increase in rate. Mayor Lam and Councilor Hughes stated «» they would rather have less renters than take a chance on the dollar change over five years. Councilor Hughes also noted that future billings and notices have been addressed by the letter directed by the Council, which will be going out to all leaseholders this week. Mr. Kellett also inquired about widows and others having to transfer the leases of a deceased lessee, and pay all septic and transfer fees. Mayor Lam emphasized that this is correct. The lease has to be transferred in or out of a family. Discussion was held on the Texas Community Property laws, with Mr. Humbach pointing out that they only give one-half of it to the survivor, not the entire portion. He also pointed out that a contract with a dead person is not much good to us. Establishment of the inspection fees was addressed by Mr. Berzina, stating it was set up to indicate our costs involved. Councilor Hawkins criticized the lease contract prepared by the Legal staff concerning usage of words such as "he" , "increased" , "taxes and assessments" , and "they shall" . Mayor Lam stated that the legal work is correct. He also did not agree with Paragraph 12. Mr. Humbach emphasized that the lease is correct for whomever signs it. Mr. Kellett asked if the City had any plans to get out of the lease business by selling the property to the leaseholders? Mr. Berzina stated there is no interest whatsoever in doing this. It would be foolish to sell down to the water line. We are protecting our water supply. He is recommending that the City not re-lease any lots brought back to the City under any circumstances. There are problems with trash, debris, and septic systems. A substitute motion was made by Councilor Hawkins that this matter be tabled, and send it back to the City Attorney. Motion seconded by Councilor Loughry, and failed by the following vote. Ayes: Councilors Loughry and Hawkins Nays: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Martin The original motion to approve the lease, as modified, carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Martin Nays: Councilors Loughry and Hawkins Mr. Berzina asked for clear direction on whether we re-lease those lots which have come back to the City. Councilor Thompson noted environmental problems on the horizon, and also stating it is a disgrace not to consider the citizens who have to pay for 40 Item lla, cont'd. this. We must stop playing games and assume this responsibility, stating it will come back to haunt us. Mr. Berzina warned that if we get into a sewer situation they will come to us, and not the people who live there. He emphasized that we should not lease properties which we are not now leasing. The fewer the septic tanks out there the better it will be for the City. Councilor Hughes and Mayor Lam suggested that Mr. Berzina bring back something to the Council in a resolution to spell out a recommendation of not re-leasing this property again, and they will take up the matter of new leases and leases in the City' s inventory next time. Item llb Frank Gibson, 912 City National Building, appeared in regard to a lease which Doug Bridgens has at Lake Arrowhead. In 1990, this lease lapsed for non-payment. In an effort to save his home he entered into a new lease with the City for $200 per year, with six percent escalating costs each year. The lease provided for ten years, with no right for renewal. It seemed unfair to him that he should have a different lease than others. He is asking that his 1976 lease be reinstated with the right of renewal. He felt he should go under the two-year rule. The City Council agreed to adjust his lease under the May 1, 1992 , guidelines at $48. 00 a year. Stanley J. Grider, Roanoke Street, stated there is a bridge over the canal on Ridgeway Street. He noted problems caused by loitering on this bridge, also pointing out parking problems on the South side of Ridgeway caused by not enough room. He requested no loitering or standing on this bridge. Joe Hightower, 2705 Broadmoor, stated that the 1200 Block of Ridgeway lies between an apartment complex. The cars parked along the street present a hazard which could become detrimental to the children of their community. The apartment complex provides a very large parking area for its residents. A lot of the people who park there do not live in the community. The police have been very responsive to their calls. They would like to see no parking and no loitering around this apartment complex. Mayor Lam requested that Bob Parker and the Police Chief work together on a report to the Council at the next meeting. Councilor Thompson agreed, and asked that Red Fox also be included. John Adams, 5119 Lakeshore Drive, stated that those at Lake Wichita would like to see the lake maintained as it presently is. He does not want to spend any money on the dam. He would rather they open the gates and let it run. Mayor Lam stated they have had public forums and many reports on the Holliday Creek project. At this time we have entered into a contract to join in partnership with the Corps of Engineers to finish this third phase. This issue has been debated and the dam will be rebuilt under the specifications of the Corps of Engineers. Flood control outweighs the aesthetics of Lake Wichita. This Council is fully concerned with the lake that it remain as viable as possible with some kind of recreation. The shore line will change. We believe this is the right thing to do. He stated that the Texas Water Resources set the spillway level. He stated that a siphon tube was studied, and it did not work. This project must be proceeded with. He 41 Item llb, cont'd. noted that Mr. Adams has the right to take his concerns to the Courthouse or the Texas Water Board, or anyone else, but we are committed to completing this project. Item llc Councilor Thompson lauded Don Kirkham for the excellent job he performed for the City and District 5. He would hope there would be a spirit of understanding and cooperation in the Council to look after the rights of our citizens. He encouraged citizens to try to raise our City to a higher level. Councilor Thompson also stated he would hope that Mr. Adams realizes that some of us support the maintenance of Lake Wichita. In other issues affected directly by citizens, he hopes they will step out and let the Council know how they feel. Councilor Hawkins stated that the people would like to see Puckett Road accepted by the City as a road. He also mentioned the need for a sidewalk from Puckett Road to the main gate of Sheppard Air Force Base. He also requested a copy of the letter of extension to a janitorial contract at the airport. Councilor Hawkins noted the selective hiring freeze at the County. Mr. Berzina emphasized that we have been doing this since 1984, stating we are continually in that mode. He looks at each position to determine the need for it. Councilor Hawkins thanked the voters for placing him in this seat. Councilor Hughes wished Don Kirkham well, stating that he will also try to do a good job the next two years. He thanked those who supported him. Councilor Martin echoed these sentiments. Councilor Loughry mentioned a fence on Northeast Drive that was not supposed to be there, asking if there is some way that the fence could be rebuilt. Mr. McKinney thought the proper action might be for her to take it to the Zoning Board of Adjustment. He also asked if the County has paid us for their law enforcement cars. Mr. Parker explained that it is on their agenda next week. He also suggested some advertising on the completion of Maurine Street extension. He also asked how much is the airport contract, and Mr. Berzina noted it is $36,000 a year. Mayor Lam thanked those who supported him at the election, and welcomed Councilor Hawkins. Item lld Mr. Berzina handed out various reports to the Council. He stated the County has had a contract with the family medical practice clinic for medical treatment to county prisoners. This contract had been extended so that our prisoners also fell under it. The County no longer has this contract with Dr. Burross. As we now take prisoners for medical care we will be incurring costs which we have not previously had. 42 Item lld, cont'd. Councilor Thompson requested Mr. Berzina to look into the facts of a situation of a prisoner who fell off a top bunk and also received someone else ' s medication. Item lle The City Council recessed into executive session at 12 : 15 p.m. , according to Article 6252-17, Section 2(g) , V.A.C.S. The meeting reconvened at 12 : 40 p.m. Item llf ( Moved by Councilor Hughes that the following be appointed and reappointed to the Arts Commission for terms to expire April 30, 1994. a. Michael Maloney g. Don Henschel b. Rosemary Medders h. Cynthia Brock c. Luther Breckenridge i. Ray Davidson d. Nancy Purcell j . June Holoubek e. Brenda Jarrett k. Sharon Roach f. Polly Robbins 1. Dannie Russell Motion seconded by Councilor Martin, and carried unanimously. Mayor Lam announced that Paul Hughes will be the new Mayor Pro tem. The City Council adjourned at 12. 43 p.m. PASSED AND APPROVED this the Y ,da L of c&-C , 1992 . Michael Lam, ayor ATTEST: Wilma J. Th6mas, CMC/AAE City Clerk