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Min 12/20/1988 i 89 Wichita Falls, Texas Memorial Auditorium Building December 20, 1988 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 j the Memorial Auditorium Building at 8 : 30 O'clock A.M. , with the following members present. Perry Goolsby Mayor John Hirschi Charles Thomas Angus Thompson Councilors Robert Barenberg Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Finance Director The invocation was given by Roy Sherrod, First Presbyterian Church. Item 3 Moved by Councilor Thomas that minutes of the meetings held November 15, 1988 , and December 8 , 1988 , be approved. Motion seconded by Councilor Barenberg. Item 4a Jan Stricklin introduced Bill Sullivan, an employee of the Legal Department, as Employee of the Month for December. City Attorney H. P. Hodge commented on the outstanding - work which Bill has accomplished as a member of the legal staff. Mayor Goolsby presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theater and dinner. Councilor Barenberg noted that Bill is able to pour oil on raw waters, and make everyone come out smiling. He believes Bill to be one of the City' s best assets. Item 4b Charles Olson, a Library Board member, made a presentation to the Council on the media campaign for Kemp Public Library. The television spots have been completed first, but billboard, newspaper, and radio will also be utilized. Mayor Goolsby informed the audience that the Council would take a ten-minute break at 10: 15 A.M. , and a lunch break at 12 : 00 P.M. Items 5a-9q Items 8b and 91 were moved to the regular agenda. Moved by Councilor Buffum that the consent agenda be approved. 90 Items 5a-9q (Cont'd) Motion seconded by Councilor Thomas. Item 5a ORDINANCE NO. 127-88 ORDINANCE WAIVING SECTION 9B 2A OF THE COMPREHENSIVE SUBDIVISION ORDINANCE WITH RESPECT TO LOT 2, BLOCK 12 , MICHNA ESTATES Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5b ORDINANCE NO. 128-88 ORDINANCE WAIVING SECTION 9B 2A OF THE COMPREHENSIVE SUBDIVISION ORDINANCE WITH RESPECT TO THE REPLAT OF LOTS 7 AND 8, BLOCK 32 , BARWISE AND JALONIC ADDITION Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5c ORDINANCE NO. 129-88 ORDINANCE WAIVING SECTION 9B 2A OF THE COMPREHENSIVE SUBDIVISION ORDINANCE WITH RESPECT TO CURB AND GUTTER REQUIREMENTS FOR LOT 1-A, BLOCK 104, ORIGINAL TOWNSITE Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5d ORDINANCE NO. 130-88 ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5e ORDINANCE NO. 131-88 AN ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM ADDITIONAL GRANT REVENUE RECEIVED FROM THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR PURPOSES OF TRANSPORTATION PLANNING 91 Item 5e (Cont'd) Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 230-88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6b RESOLUTION NO. 231-88 RESOLUTION TO AUTHORIZE THE MAYOR OF WICHITA FALLS TO SIGN A DEED RETURNING LAND PURCHASED AT A TAX SALE TO PROPERTY OWNER Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum Nays: None (Councilor Kirkham abstained from voting due to a possible conflict of interest. ) Item 6c RESOLUTION NO. 232-88 RESOLUTION APPROVING EASEMENT TO SOUTHWESTERN BELL TELEPHONE FOR A DISTRIBUTION LINE ON CITY-OWNED PROPERTY Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7a RESOLUTION NO. 233-88 RESOLUTION AWARDING A BID FOR THE CONSTRUCTION OF THE RIVER ROAD LANDFILL FENCE PROJECT Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7b The bid for 500 each three cubic yard trash containers was awarded to Texas Refuse Equipment in the amount of $142 ,000. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 92 Item 7c The bid for a heavy duty brake drum/disc lathe was awarded to David Lane and Sons in the amount of $18,762 . Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7d RESOLUTION NO. 234-88 RESOLUTION TO APPROVE AWARD OF BIDS FOR SELF- CONTAINED BREATHING APPARATUS (SCBA) FOR THE FIRE DEPARTMENT Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8a RESOLUTION NO. 235-88 RESOLUTION TO ACCEPT SANITARY SEWER PROJECT FOR HOLLIDAY CREEK AS COMPLETE AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8c RESOLUTION NO. 236-88 RESOLUTION APPROVING CHANGE ORDER #1 AND AUTHORIZING FINAL PAYMENT FOR THE MUNICIPAL AIRPORT OVERLAY PROJECT Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9 Minutes of the meetings of the following boards and commissions were received. a. Landmark Commission - October 20, 1988 b. Human Relations Commission - October 25 , 1988 C. Kemp Public Library Advisory Board - October 26 , 1988 d. City/County Public Health Board - October 28 , 1988 e. Commission on Aging - November 2, 1988 f. Traffic Safety Commission - November 2, 1988 g. Reinvestment Zone No. 1 Board of Directors - November 7, 1988 h. Commission for Disabled - November 7, 1988 i. Planning and Zoning Commission - November 9, 1988 j . Board of Electrical Examiners - November 10 , 1988 k. Kemp Public Library Planning Committee - November 10, 1988 M. Zoning Board of Adjustment - November 17 , 1988 n. Commission for Disabled - November 21, 1988 93 Item 9 (Cont'd) o. Civil Service Commission - December 6, 1988 p. Commission for Disabled - December 5, 1988 q. Park Board - December 8, 1988 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8b RESOLUTION NO. 237-88 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE PAWHUSKA RECONSTRUCTION PROJECT Moved by Councilor Buffum that Resolution No. 237-88 be passed. Motion seconded by Councilor Thompson. Councilor Buffum asked about the project taking longer than the time allotted under the contract, and if waiving the liquidated damages would be an unusual precedent to set, or should it have been approached in another manner? City Engineer Bill Parker stated that they found conditions which they were not aware of, and asked the contractor to provide certain other material. Testing also had to be done. They had to shut him down to do this. They feel like the two days over was well warranted. Councilor Buffum was concerned that the two additional days were not automatically extended, even though it was well warranted. Mr. Parker noted that they made an error in not doing this, and next time they would. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 91 Moved by Councilor Thompson that minutes of the meeting of Reinvestment Zone No. 1 Board of Directors held November 14, 1988, be received. Motion seconded by Councilor Hirschi. Councilor Hirschi asked if the staff report to the Board of Directors dated November 14 , 1988 had been furnished to the Council? Jeanie Thompson explained that all information had been disseminated. She addressed the project plans, stating that the tendency is to move away from public participation, and go to private development. Some of the projects are just not affordable. Councilor Hirschi also asked about the trail from the falls to O'Reilly Park. Mr. Berzina stated that the only way he had ever understood it was that it would be paved and lighted, just like the other trail. Mayor Goolsby expressed his feeling that when the Council appointed a board to do this, the Council should back off from it until the board has made recommendations, and brought it to them for their approval when it is finalized. Other discussion continued concerning the plan and its financing. Councilor Kirkham called the question. It was seconded by Councilor Barenberg, and carried unanimously. 94 Item 91 (Cont'd) Councilor Kirkham stated that he had not been receiving notices of the TIF board meetings, and he is the Council representative. The motion to receive the minutes carried unanimously. Item 10a Discussion was held on a proposed ordinance on hazardous structures. Councilor Kirkham stated that he had attended a conference in Austin, and came back with the idea of being a citizen friendly city. The timing of this ordinance right now is extremely bad. The pressure and stress put on these people regarding these properties at this time of year does not indicate a citizen friendly concept. Moved by Councilor Kirkham that this item be postponed. Motion seconded by Councilor Buffum. Councilor Thompson stated that he thought the problem of tearing down buildings goes beyond the demolition. He would like some time to see if these buildings could be made useful for some families. Councilor Hirschi wondered if they should ask for some public comment from the citizens who have shown up. Councilor Thomas felt that the timing is bad. Those who have traveled from out of town who have a hardship should be heard, but not anyone else at this time. Councilor Buffum asked what problem postponement would present to the Planning Department? Mr. McKinney explained that some of these problems have been hanging on for quite some time. The notice has already been published twice. Demolition proceedings cannot begin for at least 30 days after the date of passage. Mr. Berzina explained that it takes months to get to this point. Publication of notices is required by state law. One of the strongest features and revitalization of neighborhoods is to get out of it those things which make it look deteriorated and run down. If you leave a cancer in that neighborhood it will spread. This is the best tool we have to accomplish this task. They find that families are living in unsafe housing. Councilor Kirkham feels the staff should pay attention to the calendar before it is scheduled. Councilor Barenberg wondered if we could hold the public hearing now, and make no judgments until after the holidays are over. Mr. McKinney noted that none of the houses are occupied. David Brock stated that he does not want to change his schedule again for the public hearing. The motion to postpone this item failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Councilor Kirkham stated that the timing of this should be looked at, and should not be on Easter or Christmas. 95 Item 10a (Cont'd) Jim King, of Code Enforcement, stated that one structure is used as a partial habitation by one of the tenants. None of the structures have utilities now, or during the time they have been working with these structures and notices. He explained the demolition costs. The public hearing was opened on the repair section. Velma Stone, 3100 Garfield, stated that she plans to repair and sell it. She has two prospective buyers. J. W. Butler, 1309 Kenley, stated that he had planned to repair it next spring. He has not been able financially to do it before now. Mayor Goolsby requested that the owners get with the staff and work out a means of repairing it. The hearing was opened on the demolish section. Charles H. Pope, 507 Flood, requested additional time to repair the building. Mr. Dews wants to purchase and repair it. He also requested a tax reduction on the building. Mr. McKinney noted that it is on the tax rolls for $2,376 plus back taxes since 1976. They do not believe this is suitable for rehabilitation. Mr. King stated that the first notice went to Mr. Pope on November 20 , 1985 . David Brock, 432 Flood, stated that this building is in the same condition that he bought it from the City of Wichita Falls in 1986. Councilor Thomas noted that it was not owned by the City, but was on the tax rolls. Mr. Brock considers this a historical part of the City of Wichita Falls. It is the black theater. He stated that the building is structurally sound. If it is demolished, he expects a complete refund of all his expenses. They have had a problem of security in the building. He complained of law enforcement in that area. He stated there are people who want to change this into a cultural center on the East side. Councilor Barenberg asked if he had approached the Historical Society, or the State, in regard to historical structures. Mr. Brock stated he has not tried to do anything with this building since he purchased it in 1986 . He stated that he bought it to keep it from being torn down. Brenda Jarrett, 2405 Inglewood, stated that the building was purchased for historical purposes. Councilor Barenberg asked if she had addressed this with the Heritage Society. She stated that she had contacted Mrs. Linda Cook. She also stated that she is seeking grants, people to donate funds, etc. She does not have a repair estimate at this time. She stated that she has been working with Mr. Brock on this. Councilor Thompson stated that this building was built by Dr. Roark on the East side. Efforts to maintain this building has to be in a comprehensive plan. He would like to see what can be done to renovate this building. The City Council recessed at 10: 20, and reconvened at 10: 35 A.M. Thomas Schueller, 502 Travis, stated that the structure is sound. He has 40 , 000 pounds ($10 , 000 ) of law-books and other law materials in this building. He will do his best to clean it up by January 1, but would like to have additional time to begin. He stated that he has a building permit on the front door. 96 Item 10a (Cont 'd) Curtis Montgomery, 1023 Gerald, asked if city officials have the right to go to a house and kick the door completely down? Mr. King, of Code Enforcement, explained that they secure a search warrant by due process. He stated that he was the one on the premises, and Mr. Montgomery was advised, and was shown the search warrant at that time. This property location was notified two years ago, and they have not heard anything from him. They are working with an agency to secure housing. Following a comment from David Brock concerning the issuance of the search warrants by Judge Gillen, who is a city employee, City Attorney H. P. Hodge stated that Judge Gillen has always acted and issued these warrants in a very judicial manner. To his knowledge, Judge Gillen is not going to let anything happen that would be improper. Judge Gillen works for the City Council. He is appointed for a two-year term, and cannot be removed except for cause. His salary cannot be decreased. The public hearing was closed. Mayor Goolsby emphasized that this Council is not out to harm or destroy anyone, but to make this city a better place to live. He commented to Mr. Brock that some have said that no way will a party be successful in bringing business to the East side until this structure is torn down or taken care of. Councilor Thomas asked about the tax status on these structures on this list. Only six properties are up to date on taxes. All others owe taxes, some as far back as 1956. ORDINANCE NO. 132-88 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY ( 30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY Moved by Councilor Barenberg that Ordinance No. 132-88 be passed, and that 432 Flood be removed from the ordinance, with the provision that he will work with Mrs. Cook and the Heritage Society, and/or the State of Texas, and report back not later than 30 days from now, with some kind of a plan. Motion seconded by Councilor Thompson. Mr. Brock' s obligation to secure the building was also discussed, along with flexibility, if action is taken by the Heritage Society and Mr. Brock. The question was called by Councilor Kirkham, seconded, and carried unanimously. The motion to adopt Ordinance No. 132-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 97 Item lla I ORDINANCE NO. 133-88 ORDINANCE AMENDING SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS BY CORRECTING SUBPARAGRAPH (M) WHICH ESTABLISHES PRIMA FACIA MAXIMUM SPEED LIMITS ON CERTAIN STREETS Moved by Councilor Barenberg that Ordinance No. 133-88 be passed. I Motion seconded by Councilor Buffum. Councilor Thompson expressed opposition to increasing the speed limit on Harding Street. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Barenberg, Buffum, and Kirkham Nays: Councilors Thomas and Thompson Item 11b A proposed ordinance was presented amending Chapter 31 of the Code of Ordinances which regulates vehicles for hire (taxicabs) . A motion was made by Councilor Kirkham, and seconded by Councilor Thompson, for its passage. Councilor Barenberg stated that he would like the opportunity to study this in greater depth. Councilor Buffum asked Mr. Ramirez about the color of cabs, testing, fee increases, etc. Mr. Ramirez stated that he feels it is moving a little too fast. He mentioned insurance requirements. He did not object to cab colors. He feels it is for the betterment of the City of Wichita Falls, and the cab companies, also. Mr. Dockery explained that insurance recommendations were from our Risk Management Administrator. In Section 31-35 ( 4) , a person would be riding under both the liability of the cab company and also his own personal insurance coverage. Passengers are not covered under the $300 , 000 . Mr. Hodge explained that the City does not have any liability under the taxicab ordinance. Mr. Dockery commented that the cab companies state that their insurance will increase by eighty- three ( 83 ) percent, and he just found this out today. The reason this coverage was put in was because it is desirable for them to have more than the state requirements because they are out on the streets every day. Mayor Goolsby explained that the staff had met with the cab companies, and they were in agreement with it. If the insurance needs to be addressed later, he would hope that could be done. Mr. Dockery confirmed that both cab companies and Skylark Van Service reviewed it, and they felt good that they could take it before the Council without too many conflicts. He feels the ordinance should be voted on. The question was called by Councilor Thomas, seconded by Councilor Kirkham, and failed by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, and Kirkham Nays: Councilors Hirschi, Thompson, Barenberg, and Buffum 98 Item llb (Cont'd) Councilor Hirschi stated that he feels there should be an opportunity for council members to sit in on these meetings in the development of these ordinances. He has some questions he would like to have answered before it is passed. He would like to have it tabled, and the Council meet with the staff. Mr. Dockery explained that this was done in order to get it passed before the first of the year when new licenses are due. Councilor Kirkham emphasized that they turned this over to the staff and taxicab drivers to work out an ordinance which they could live with. The experts have spoken, and it is in writing. He proposed that this ordinance be passed, and anything that is not workable, that the staff and cab companies get together and bring it back to the Council. Moved by Councilor Hirschi that this ordinance be tabled until the next meeting, with a chance for a council, staff, and industry meeting. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Councilors Hirschi, Thompson, Buffum, and Barenberg Nays: Mayor Goolsby, Councilors Thomas and Kirkham Item 11c ORDINANCE NO. 134-88 ORDINANCE REPEALING SUBSECTION (a) OF SECTION 29-172 OF THE CODE OF ORDINANCES, WHICH PROHIBITS SOLICITATION FROM OCCUPANTS OF A VEHICLE BY PERSONS STANDING ON A MEDIAN OR CURB Moved by Councilor Buffum that Ordinance No. 134-88 be passed. Motion seconded by Councilor Thompson. Councilor Thomas asked for clarification of this, and what will we actually accomplish, and how it would affect the newspaper from selling newspapers? Mr. Hodge explained that permits may or may not be required, depending on how they fit into the solicitation ordinance. Councilor Barenberg asked if we have an ordinance covering solicitation for prostitution? Mr. Hodge explained that it is covered by state law and city ordinance. Chief Harrelson stated that this particular ordinance was not used for prostitution. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 11d ORDINANCE NO. 135-88 AN ORDINANCE REZONING BLOCK 122, WESTMORELAND PARK ADDITION, WICHITA FALLS, TEXAS, FROM SINGLE-FAMILY RESIDENTIAL, STANDARD LOT (SF-2 ) TO MULTI-FAMILY RESIDENTIAL (MFR) ZONE 99 Item lld (Cont'd) Moved by Councilor Barenberg that Ordinance No. 135-88 be passed. Motion seconded by Councilor Buffum. Mark Patterson, owner of an ornamental iron business, requested passage of the ordinance. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council recessed at 12 : 00 P.M. , and reconvened at 12 : 45 P.M. , with Councilor Barenberg not in attendance at the Council table. Item lle ORDINANCE NO. 136-88 ORDINANCE AMENDING IN ITS ENTIRETY, CHAPTER EIGHT, ARTICLE II OF THE CODE OF ORDINANCES THAT REGULATE SOLICITORS AND ITINERANT MERCHANTS Moved by Councilor Thomas that Ordinance No. 136-88 be passed. Motion seconded by Councilor Kirkham. Councilor Thompson asked about children soliciting for their church, since it is not mentioned in Section 8-29(b) . Moved by Councilor Buffum that youth members of 501C( 3 ) organizations located within the City of Wichita Falls be included in Section 8-29(b) . Motion seconded by Councilor Thomas, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, and Buffum Nays: Councilor Kirkham (Councilor Barenberg was absent from the Council table. ) Moved by Councilor Kirkham that Section 8-16 be removed from the ordinance. Motion seconded by Councilor Hirschi, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the Council table. ) The motion for passage of the ordinance, as amended, carried by the following vote, with directions to review and update as needed. 100 Item lle (Cont'd) Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the Council table. ) Item 12a RESOLUTION NO. 238-88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE EXTENSION OF THE RIVER TRAIL SYSTEM, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Thomas that Resolution No. 238-88 be passed. Motion seconded by Councilor Kirkham. Mrs. Chasteen addressed questions from the Council regarding these properties. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12b RESOLUTION NO. 239-88 RESOLUTION CALLING UPON THE TEXAS STATE LEGISLATURE TO AMEND CERTAIN PORTIONS OF THE GOVERNMENT CODE RELATING TO THE MUNICIPAL COURT OF RECORD OF THE CITY OF WICHITA FALLS Moved by Councilor Barenberg that Resolution No. 239-88 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12c RESOLUTION NO. 240-88 RESOLUTION APPROVING A CONTRACT WITH TRINITY BUILDING MAINTENANCE FOR JANITORIAL SERVICES AT THE KEMP PUBLIC LIBRARY OF WICHITA FALLS Moved by Councilor Barenberg that Resolution No. 240-88 be passed. Motion seconded by Councilor Hirschi. i III 101 Item 12c (Cont'd) Councilor Barenberg asked why we don' t just write a specification for what we need? Mr. Berzina explained that it has been done both ways. Sometimes when you ask for a proposal they mention things that you have not thought about. He believes our experience shows that we get more for our money by making them compete. Miss Houseworth stated that they wanted the comparison of the different levels. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12d RESOLUTION NO. 241-88 RESOLUTION APPROVING CONTRACT FOR OPERATION AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS BY CITY OF WICHITA FALLS AND WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 Moved by Councilor Thomas that Resolution No. 241-88 be passed. Motion seconded by Councilor Hirschi. Discussion was held on canal maintenance within the City. Mr. Berzina will furnish the contract, budgets, and audits of the Water District. Mayor Goolsby suggested that Councilor Hirschi look into this. Moved by Councilor Hirschi that this matter be tabled. Motion seconded by Councilor Barenberg, and failed by the following vote. Ayes: Councilors Hirschi and Barenberg Nays: Mayor Goolsby, Councilors Thomas, Thompson, Buffum, and Kirkham f The motion for passage of the resolution carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Thompson, l Buffum, and Kirkham Nays: Councilors Hirschi and Barenberg Item 12e RESOLUTION NO. 242-88 RESOLUTION APPROVING CONTRACT WITH WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 FOR ENGINEERING REPORT ON LAKE DIVERSION DAM AND SPILLWAY Moved by Councilor Thomas that Resolution No. 242-88 be Ipassed. Motion seconded by Councilor Buffum, and carried by the following vote. E i 102 Item 12e (Cont'd) Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12f RESOLUTION NO. 243-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT TO PROVIDE SCHOOL HEALTH NURSING SERVICE TO THE IOWA PARK INDEPENDENT SCHOOL DISTRICT FOR THE SCHOOL YEAR 1988-89 Moved by Councilor Thompson that Resolution No. 243-88 be passed. Motion seconded by Councilor Thomas. Councilor Hirschi asked if the City has any liability in providing this service. Mr. Hodge replied that he would think not. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 13a RESOLUTION NO. 244-88 RESOLUTION TO AWARD BID FOR EXCAVATION OF VALVE AT THE RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Hirschi that Resolution No. 244-88 be passed. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 13b Moved by Councilor Thomas that the bid for a camera system for council chambers be awarded to Wholesale Electronics of Wichita Falls, in the amount of $13 ,776. Motion seconded by Councilor Thompson. Troy Jensen stated that they had $13 ,000 in the budget for this system. The bid came in at $13 ,776 . The motion carried unanimously. 103 Item 13c RESOLUTION NO. 245-88 RESOLUTION ACCEPTING BID OF REGIONAL UTILITIES FOR CONSTRUCTION OF THE SOUTHWEST DRAINAGE BASIN 24-INCH SEWER TRUNK MAIN Moved by Councilor Hirschi that Resolution No. 245-88 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. i Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 14a RESOLUTION NO. 246-88 RESOLUTION TO ACCEPT WATER DISTRIBUTION COMPLEX PAVEMENT REPAIR PROJECT AS COMPLETE AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Moved by Councilor Thompson that Resolution No. 246-88 be passed. Motion seconded by Councilor Hirschi, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None (Councilor Thomas was absent from the Council table. ) The City Council recessed at 1: 45 P.M. , and reconvened at 1: 55 P.M. Item 15a Discussion was held on setting a time for a public hearing to reallocate community development block grant funds for economic development. Mr. Berzina mentioned a committee of Councilors Kirkham and Buffum and Dick Noe, with Midwestern State University, to look at funding requested by Lindsey Walker for reallocation of CDBG funds for economic development. Councilor Kirkham stated that they met and discussed this matter. The last contact he had with Dr. Noe was that he is willing to take the money we have, and become the bank for the economic development, but he does not want to be spending it or accountable for CDBG funding. Lindsey Walker, 1411 Trout Street, stated that MSU prefers not to be involved so far as being accountable for the funds. They would set up the books. They felt the control should be in the community. He spoke of a meeting with a man from Fort Worth, along with Jim Dockery and Jeanie Thompson. The man said that if we did not get MSU, we should get a reputable accountant. He also spoke with Mr. Werner about this. Mr. Walker explained that he is trying to get the owner to let them have the building at 500 Flood. The owner cannot be located, however. 104 Item 15a (Cont'd) Councilor Kirkham asked if he is prepared to abide by the CDBG requirements by having an accountant? Councilor Buffum asked what he could provide that would be different than what MSU is providing for Wichita Falls? Mr. Walker stated that MSU does not know the need. The budget is essentially the same as he previously requested. Councilor Thompson stated that Mr. Walker has some expertise that no one else has for that community. Councilor Buffum asked questions about obtaining federal dollars. Bob Henderson explained that you have to have a goal that is measurable. The MSU program was mentioned by Councilor Kirkham as being where the efficiency lies. Councilor Buffum stated that he got the definite impression that MSU wants to play a hands-off role between MSU and Mr. Walker ' s program. Mr. Walker agreed with that assessment. Mr. Walker stated that he would have a difficult time selling this if the community did not have a hand in it. Mayor Goolsby believed that people would invest if it would be profitable for them to do so. Councilor Barenberg noted that federal law allows big holding companies to provide seed money without the recipients having the same degree of financial ability. Perhaps it might be time to talk about developing an economic development corporation. Robert Powers mentioned that Mac McGee wanted to set up a venture capital. The federal government is anxious to set up a mechanism. The key would be to find someone who has the money to fund the community development corporation. Councilor Kirkham mentioned the organizational structure of Charlotte, North Carolina. Councilor Buffum believes a move such as this will be more beneficial for Wichita Falls than a counseling group. Councilor Thompson would like to see Mr. Walker involved in this. Moved by Councilor Kirkham that a public hearing be held on January 17, 1989, for the purpose of transferring Community Development Block Grant funds in the amount of $47 , 500 from available existing funds to the Wichita Falls Economic Development Corporation. Motion seconded by Councilor Thompson. Mr. Berzina commented that we have talked about duplication, venture capital, and TIF. He stated that he cannot recommend to the Council to fund this program. We were originally asked to incubate this program. The funds did not come in from other sources. Now we are being asked to carry the whole load. Councilor Barenberg noted that we need clear cut goals for it to succeed. Mr. Berzina emphasized that in any meeting where they talk about economic development, the glaring missing element is money. If you want to operate, you have to go where the service is provided, and learn to operate in that environment. Mr. Walker stated that a lot had been done with the $10 ,000 which they had obtained. A lot of it cannot be seen. You have to start in the community and go forward from there. The question was called by Councilor Barenberg, seconded by Councilor Thompson, and carried unanimously. The motion to hold the public hearing failed by the following vote. 105 Item 15a (Cont'd) Ayes: Mayor Goolsby, Councilors Kirkham and Thompson Nays: Councilors Thomas, Barenberg, Buffum, and Hirschi Item 15b Ron Beeker, with MWC Corporation in Nebraska, appeared in regard to Item 7b. He stated that they were under the impression that they were on the bid list. He had made contact with the City on November 7. They wanted the City to take a look at a new kind of container. He requested that they reconsider Item 7b, and give the Sanitation Department something new to look at. He demonstrated the galvanized coated material which they use in trash cans. He stated that the saving is in the durability, and not necessarily the purchase price. These containers are used in Midland and Amarillo. Mr. Bonnett commented that it is important that we recognize that we deal with hundreds of bidders. He is well aware of the galvanization process. They know the product they have out there is good for ten years. He would be willing to purchase five units to take a look at them. He would recommend that the Council proceed with the award as presented. Councilor Buffum agreed with Mr. Bonnett' s comments, stating that the bid did not actually arrive to be considered, and he is very reluctant to change it now. James Moses, 303 Bluff, again appeared in regard to some of his problems at a County Court. Mayor Goolsby explained that they have no control over it. He should see Barry Macha, as these matters come under the jurisdiction of the District Attorney. Mr. Moses stated that he has not yet talked with Chief Harrelson. He was directed to the Health Department concerning picking up dogs at night. Charles Pugh, a resident on Lucille Street, asked that they consider some kind of law against pit bulls in the city, or strict guidelines such as liability insurance. The Council explained that we have an ordinance which addresses vicious animals, and suggested that he meet with Mr. Edmondson at the Health Department. Robert Schupbach, 1506 North Eighth, stated that he had been cited under code enforcement. He addressed a vehicle which the State says does not have to be licensed, but the City ordinance requires it to be licensed. He stated that he had been to nearly every office in the City, and he apologized if he had offended anyone. He wondered why he would have to erect a fence for one vehicle. Mr. McKinney noted that no charges have been filed on the jeep. There were two other junk vehicles there at the time the jeep was cited. If it had been there by itself it would not have been written up, but they did have a complaint. Mr. Hodge explained that we are talking about two different ordinances. The storage yard ordinance is not relevant to this situation. The junk car ordinance is the one he is concerned with. The whole thing is whether his vehicle was properly charged with being a junk vehicle. They finally came to the conclusion that there might be some question about 106 Item 15b (Cont'd) it, and the notice which was given to him was revoked, so there was no necessity for a public hearing. If the car is still there at the end of the 45 days it might be looked at. There was never a charge filed, but he was notified. The notification was revoked. Mr. King understands that no further action is necessary since the vehicle is gone. Mr. Schupbach stated that the vehicle is still there, but he moves it around. He stated that it was a hunting vehicle, but it has not been licensed since 1983 . He does not use it. It was noted that in this case the state law specifically authorizes cities to make ordinances to enforce state law. Mayor Goolsby noted that a mistake had been made. Mr. Schupbach stated that he would accept it. Item 15c Councilor Thomas complimented Mr. Burkman on the serving lines in place at the Activities Center. He also mentioned a request from the Beacon Lighthouse for the Blind for $5000 for a pool tournament. He requested that it be placed on the next agenda for consideration. Councilor Barenberg mentioned disabled parking places in the city. Mr. Matthews had written him about having trouble finding handicapped parking spaces. Chief Harrelson would like to explore how to achieve this goal, and come back to the Council with a recommendation. Councilor Barenberg noted that the Human Relations Commission of the City has problems with maintaining the 706 agency status. Part of the problem has been solved by setting up a department in the Personnel division. Many cases in the past were not addressed. He would like to develop the idea of combining a City/County Human Relations Commission. He requested that Personnel explore and come back with a report and ideas for a combined commission. Councilor Hirschi asked for information on an economic development study by the BCI . He also asked about the Seventh Street railroad crossing agreement. Councilor Kirkham noted that he had some people talk to him about doing away with the Human Relations Commission because they could not get a quorum. He believes this should be looked at. It was noted that Councilors Kirkham, Barenberg, and Thompson are members of the Nortex economic development committee, and they are working on economic development. Councilor Thompson hoped that community development concerns will be addressed in a more positive way. He hoped we will do something next year. He noted the two interns working under the affirmative action program. He stated that we have not completed the affirmative action plan concerning minority and women-owned businesses. Councilor Thompson mentioned city contracts for the southwest sewer, stating he hoped they would make every effort to ensure that persons working on this project are American citizens. 107 Item 15d Mr. Berzina explained that they have entered into an agreement with Midwestern State University for a student intern program. This is a fall-out from the affirmative action program. He introduced the two students, stating they are working in the personnel areas in re-writing personnel rules and regulations. Mr. Berzina also addressed the quarterly financial report. The Council agreed that it was satisfactory for them to receive and read the reports, rather than having a meeting. Mr. Berzina noted that the cemetery gate is operational. Councilor Hirschi commented that the gate at the airport was lying on the ground. Mr. Bonnett requested that Bill Parker, City Engineer, give the Council a list of alternatives on the roads at Lake Arrowhead. Mr. Parker presented eight options. Options one and two were for repair, three through six for rehabilitation, and seven and eight for reconstruction. Mr. Berzina felt that these options would cost from $50 , 000 to 1. 1 million. There are nine miles of roads out there. They would go with a combination of options one and two. They plan to investigate the possibility of Lake Arrowhead residents participating in the roads. Mr. Murphy mentioned five parks which they will be required to maintain. There are 565 acres in these five parks. Most are open space, with no development. Toilets are located in two of the parks. He presented various levels of service which they propose. Councilor Thomas mentioned that a long term lease had been made with a group who fly model airplanes. Councilor Hirschi suggested that they go out for proposals on this work out there. Mr. Berzina explained that they will begin first on the road work. This is just an initial review on the parks. Item 15e The City Council recessed into executive session at 4 : 00 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. They reconvened at 5 : 35 P.M. , with Councilor Hirschi absent. Item 15h Moved by Councilor Thomas that the Larsen case not be appealed, and that they pay the $4900 judgment. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 108 Item 15g Moved by Councilor Thomas that money be tendered for the 1987 taxes, not to exceed $4,000 to Clay County, based on the agricultural value of the land at the Ringgold reservoir site. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 15f Moved by Councilor Thomas that the following board and commission appointments be made. a. Human Relations Commission - Ray Hennigh - term to 12-31-90 (also appointed Chairman for a year) Raul Ashby - term to 12-31-91 Wyle C. Hopson - term to 12-31-89 Dr. Jacquelin Leone Quevas - term to 12-31-91 Earl A. Jackson - term to 12-31-91 Bruce Martin - term to 12-31-90 Mary Quinlin - term to 12-31-91 (reappointed) Leona Hancock - term to 12-31-91 (reappointed) b. Zoning Board of Adjustments and Appeals - Richard Sutherland - term to 12-31-90 Edna Boren - term to 12-31-90 (Alternate #1) Burrell Lacey - term to 12-31-90 (Alternate #2 ) Carl O. Wilson - term to 12-31-90 (Alternate #3 - replacing David Gossom) Harold L. Arnett - term to 12-31-90 (Alternate #4 - replacing Adrienne Barker) C. Commission on Aging - Harl D. Mansur, Jr. - term to 5-31-89 (replacing Lee Grogan) Rachel M. LeBeau - term to 5-31-89 (replacing Dr. Robert Clark) d. Building Board of Adjustments and Appeals - Dennis Dohrer - term to 12-31-90 (reappointed) Don Johnston - term to 12-31-90 (reappointed) Randall Poteet - term to 12-31-90 (reappointed) Ted Litteken - term to 12-31-90 (reappointed) e. Clean Community Commission - Viola Morton - term to 12-31-90 (reappointed) Patricia King - term to 12-31-90 (reappointed) Gloria Lyday - term to 12-31-90 (reappointed) f. Landmark Commission - Joe Johnson - term to 12-31-91 (reappointed) Doug Paul - term to 12-31-91 (reappointed) Dick Bundy - term to 12-31-91 (replacing Tom Young) i 109 Item 15f (Cont'd) g. Park Board - James Welburn - term to 12-31-91 (reappointed) James Smith - term to 12-31-91 (reappointed) Gary Baker - term to 12-31-91 (replacing Roby Christie) Sunny Davidson - term to 12-31-91 (replacing Thomas Bursey) h. Wichita Falls/Wichita County Public Health Board - Dr. Richard Milisci - term to 12-31-90 (reappointed) Martha Jane Peterson - term to 12-31-90 (replacing Nadia Kouri) i. Mayor ' s Commission on Status of Women - Barbara K. McKown - term to 9-30-90 (replacing Suzanne Schlabs) j . Traffic Safety Commission - William Barnes - term to 12-31-89 (Brenda Chuleewah- alternate member) Dickie Sipes - term to 12-31-89 Irma Mascari - term to 12-31-89 Michael Schneider - term to 12-31-89 Don Vanadore - term to 12-31-89 (Judge Larry Gillen- alternate member) Connley O'Brien - term to 12-31-89 (John Gault- alternate member) George Ohmstede - term to 12-31-90 (Thomas Farris- alternate member) Joe Clement - term to 12-31-90 (Larry Peterson- alternate member) John Eckert - term to 12-31-90 Rosalind Malley - term to 12-31-90 Jane Sewell - term to 12-31-90 Terry Loughry - term to 12-31-90 (Jack Griffin- alternate member) Eddie McCauley - term to 12-31-91 (Harvey Coombs- alternate member) Bruce Preston - term to 12-31-91 (Dale Terry- alternate member) Edward H. Ackerson - term to 12-31-91 Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council adjourned at 5: 45 P.M. PASSED AND APPROVED this the day of t , 1989 . Perry olsby, May r ATTEST: Wilma J. Thomas, CMC/AAE City Clerk