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Min 04/04/1989 186 Wichita Falls, Texas Memorial Auditorium Building April 4, 1989 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. 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 The invocation was given by Thurmon Murphy, First Free Will Baptist Church. Item 3a Johnny M. Dixon was honored as Employee of the Month for April, from the Traffic and Transportation Department. Mayor Pro tem Thomas presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. On behalf of Mayor Goolsby, proclamations were read and presented as follows. 1. Medical Laboratory Week - Councilor Barenberg 2. Cable Television Month - Councilor Thompson 3 . Civitan International Awareness Week - Councilor Kirkham 4. Certificate of Merit to Charles Olson - Councilor Hirschi 5 . National Library Week - Councilor Buffum Item 3b Jim Snowden, Chairman, presented a status report of the Library Planning Committee, explaining that the contents of his hand-out to each council member is just a beginning. Charles Olson also reported on the advertising campaign for the library. Item 4 Moved by Councilor Kirkham that minutes of the meetings held March 21 and 27, 1989, be approved. Motion seconded by Councilor Barenberg, stating that he wanted to make it clear in the minutes that he went along with reconsideration of bids on the Lucy Park River Trail II project, but he was not in favor of it. The motion carried unanimously. 187 Items 5a-7i Item 7e was moved to the regular agenda. Moved by Councilor Thomas that the consent agenda be approved. Motion seconded by Councilor Buffum. Item 5a RESOLUTION NO. 44-89 RESOLUTION TO AWARD BID FOR PIPING FOR 5MG CONCRETE STORAGE TANK AT CYPRESS STREET WATER TREATMENT PLANT Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 45-89 RESOLUTION TO ACCEPT THE LANDFILL SOIL LINER V PROJECT AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6b RESOLUTION NO. 46-89 RESOLUTION TO ACCEPT THE RIVER ROAD LANDFILL FENCE PROJECT AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - February 1, 1989 b. Kemp Public Library Advisory Board - February 22 , 1989 C. Human Relations Commission - February 28 , 1989 d. Commission on Aging - March 1, 1989 f. Board of Electrical Examiners - March 8 , 1989 g. Planning and Zoning Commission - March 8, 1989 h. Library Planning Committee - March 6, 1989 i. Commission for Disabled Persons - March 20, 1989 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 188 Item 7e Moved by Councilor Buffum that minutes of the meeting of the Board of Directors of Reinvestment Zone No. One held March 6, 1989, be received. Motion seconded by Councilor Barenberg. Councilor Buffum clarified certain information, and other discussion centered around the type of activities for a water theme park and public improvement district. The motion carried unanimously. Item 8a ORDINANCE NO. 22-89 ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND FOR REVENUE RECEIVED FROM CEMETERY LOT SALES Moved by Councilor Thompson that Ordinance No. 22-89 be passed. Motion seconded by Councilor Barenberg. Councilor Hirschi noted that the figures in this report seem fairly conservative. It was suggested by Councilor Thompson that private donations might increase, with publicity. Councilor Kirkham commented that the idea of Friends of the Cemetery works in other places, and feels it could work here. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None A group of pre-school children visited the Council meeting, with Sunny Davidson, President of the North Texas Association for the Education of Young Children. Councilor Hirschi read a proclamation designating the Week of the Young Child. Item 9a The Council considered appropriate action concerning the bids for the construction of the Lucy Park River Trail II project. Mayor Goolsby explained the history of this item. Moved by Councilor Kirkham that the action taken at the March 7 meeting rejecting all bids for construction of the Lucy Park River Trail II project be reconsidered, and such action be revoked. Motion seconded by Councilor Buffum. Joe Matlock, 4209 Emerson, explained that as a citizen and taxpayer he approves and applauds the recommendation by the Engineering Department to save city tax money, but as a contractor, they spent a lot of time and money in preparation of this bid. He noted that if this politicing works it will erode the influence of the Council. He believed the Council should stick with their first decision. The question was called by Councilor Buffum, seconded by Councilor Barenberg, and carried unanimously. 189 Item 9a Cont'd The motion to reconsider failed by the following vote. Ayes: Councilor Kirkham Nays: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum Mayor Goolsby stated to Mr. Berre that he knows he has worked very hard on this, and further explained the three options the Council had in arriving at this decision. Councilor Thomas stated that his thinking has been cleared up by the information received from the City Attorney. Councilor Kirkham stated to the City Manager that there should be a method of bid opening and processing which will not let a bid that is not qualified come to the Council for recommendation. Councilor Barenberg believes there should be a central clearing house for every department to go through, and have a check-off list. Councilor Thompson commented that we are not only talking about brick and mortar, but mens ' livelihood, and right and wrong. Item 9b RESOLUTION NO. 47-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER AN AGREEMENT WITH AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION TO LEASE ONE-HALF ACRE TRACT OF LAND AT LAKE ARROWHEAD FOR PURPOSES OF PROVIDING CABLE SERVICE TO LAKE ARROWHEAD RESIDENTS Moved by Councilor Kirkham that Resolution No. 47-89 be passed. Motion seconded by Councilor Barenberg. Bert Bucher, of Vista Cablevision, presented certain changes to the agreement for providing cable television service at Lake Arrowhead. Councilor Barenberg disagreed with these changes being brought to the Council on such short notice. Robert Powers explained that the city staff has no problem with it, as written. Mr. Bucher wants to be sure it is not a franchise. This is a lease on a piece of property. Moved by Councilor Thomas that the lease be amended to include the suggested changes in the handout item to Paragraph One, beginning with the last two sentences, and by striking Paragraph Two (c) . Motion seconded by Councilor Hirschi. Further discussion continued, with Mr. Hodge noting that he understands this to be a long term lease for cable television service at Lake Arrowhead. It was also noted that rights are non-exclusive. The motion to amend the lease carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum Nays: Councilor Kirkham 190 Item 9b Cont'd Mr. Bucher stated that it seems reasonable that they should be responsible for all taxes on improvements on that property. Councilor Hirschi explained that our rental is fixed, and we cannot pass that along to him. The motion for passage of Resolution No. 47-89, with the amended lease, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum Nays: Councilor Kirkham Item 9c RESOLUTION NO. 48-89 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE UNIVERSITY KIWANIS CLUB FOR CONCESSION SERVICES IN KIWANIS PARK AND JAYCEE PARK Moved by Councilor Thomas that Resolution No. 48-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10a RESOLUTION NO. 49-89 RESOLUTION TO AWARD BID FOR GRAZING LEASES AT LAKE KICKAPOO Moved by Councilor Thompson that Resolution No. 49-89 be passed. Motion seconded by Councilor Hirschi. Discussion was held on adding the word "written" approval to Paragraph XIII of the lease. Mr. Hodge also explained why Paragraph XI is in the contract. Councilor Kirkham asked about payment of taxes, and Mr. Berzina noted they do not think any taxes will be due on this property. When they advertised for bids they did not have the experience of the other County before them. They feel that the funds, if taxes do come up, are already in the price range. Moved by Councilor Kirkham that the lease be amended from five to three years. Motion seconded by Councilor Buffum, and failed by the following vote. Ayes: Councilor Kirkham Nays: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum The motion for passage of Resolution No. 49-89, carried by the following vote. 191 Item 10a Cont'd Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None RESOLUTION NO. 50-89 RESOLUTION TO AWARD BID FOR GRAZING LEASES AT LAKE KICKAPOO Moved by Councilor Hirschi that Resolution No. 50-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council recessed at 10: 25, and reconvened at 10: 40. Item 10b Moved by Councilor Thompson that the bid for a portable asphalt distributor for the Street Department be awarded to Cooper Machinery Corporation in the amount of $14, 511. 22. Motion seconded by Councilor Barenberg, and carried unanimously. Item lla Mr. Berzina explained that the suggestion was made to establish a staff committee on vehicles for hire to assist in working out problems. This seems to meet the agreement of the operators out there. The Committee will be addressing complaints and discrepancies. Moved by Councilor Kirkham that the concept of this committee to hear complaints be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item llb Dale Heath, representing the Senior Citizens Services of North Texas, Inc. , requested trash pickup for the Christmas in Spring project on June 3 . She was asked to work with staff on this request. Item llc Councilor Buffum announced that the Refuse Task Force will meet on April 11, at 2: 30 P.M. Councilor Barenberg stated that he is distressed over the fact that the staff and City Manager were maligned in writing over the matter of the previous bidding procedures, stating 192 Item llc Cont'd i that the City Manager did not twist the Council Is arm. What remains now is future protection. Councilor Hirschi mentioned letters to legislators concerning the drainage utilities bill, and the bill on catalog sales tax. He also would like the City to stay abreast of the possibilities of natural gas for our fleet. Mr. Berzina will also get a report on the matter of the Department of Public Safety drug testing lab closing down. Councilor Kirkham emphasized that he never intended any of his comments on the bid for the Lucy Park River Trail project to be an attack on the staff. He voted his convictions this morning. He felt we were wrong three weeks ago, and voted against it this morning. He did not personally attack anyone in the discussion on the bidding procedures. Councilor Thompson mentioned lack of employment opportunities for people on the East side. He would like some report on affirmative action on work projects. He would like for the Police Department to develop a better relationship with the people on the East side, such as a police athletic league. Councilor Barenberg questioned whether we can legally require contractors to hire minorities. Mrs. Stricklin, Personnel Officer, explained that this is a complicated question, stating that you cannot require it, but you can encourage them to do so. Mayor Goolsby reported on a letter from Senator Gramm, which stated that the Secretary of Commerce had promised him that there will be no weather stations closed in Texas. He also noted that he and Councilors Thomas and Buffum, and Mr. Bonnett, will be attending a sub-committee meeting in Washington, on April 6 , 1989, on the McGrath Creek project. They will testify before this committee on securing funds to finance the planning and engineering of McGrath Creek project. Mayor Goolsby also asked where we are on the river walk from the Falls to O'Reilly Park, and it was noted that it is still in the design stage. Item lld Mr. Berzina noted that on June 28, the City of Lawton has invited us to attend certain activities beginning at 3 : 00 P.M. Mayor Goolsby noted that the steering committee of the ENJJEPT Program at Sheppard Air Force Base will be at the Falls today at 1: 30 to dedicate on bricks the names of all Nato countries who are participating in this program. Attendance of the Council is requested. Items lle-g The City Council recessed into executive session at 11: 20 A.M. , according to Article 6252-17, Section 2, Paragraph (e) of the Revised Civil Statutes. The meeting reconvened at 12: 10 P.M. Moved by Councilor Thomas that Marilyn Norris be appointed to the Commission for Disabled Persons, for a term to expire May 31, 1991 (replacing Dr. R. P. Mankodi) . 193 Item lle-g Cont'd Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Thomas that James B. McMahan be appointed to the Commission for Disabled Persons, for a term to expire May 31, 1990 (replacing Jackye Hatley) . Motion seconded by Councilor Buffum, and carried unanimously. Moved by Councilor Thomas that Esquel Sanchez be removed from the Park Board for lack of attendance. Motion seconded by Councilor Barenberg, and carried unanimously. Moved by Councilor Thomas that Enid B. Moorman be appointed to the Park Board, for a term to expire Dece;nber 31, 1990 (replacing Esquel Sanchez) . Motion seconded by Councilor Buffum, and carried unanimously. The City Council adjourned at 12: 12 P.M. PASSED AND APPROVED this the ff�t-day of 1989. Perr Goo sby, ayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk