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Min 04/18/1989 i 194 Wichita Falls, Texas Memorial Auditorium Building April 18 , 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 Mel Surface, Floral Heights Assembly of God Church. Proclamations were read and presented by Mayor Goolsby for Bicycle Safety Week on behalf of the Sunrise and Red River Optimists Clubs. A proclamation for the Sunrise Optimist Club on Respect for Law Week was also presented. Item 3 Moved by Councilor Barenberg that minutes of the meeting held April 4, 1989, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item 4 Ed Endicott, Chief of the Planning Branch of the Tulsa District Corps of Engineers, made a presentation on the Plum Creek Reconnaissance Report. A hand-out was presented to the Council. He stated that they have a five million dollar limitation per project. He wonders if the City is ready to cost share on a feasibility study, and does the City want them to do it? The City would be given credit for fifty percent of in-kind service. The maximum cost to the City would be fifty percent, and the minimum is twenty-five percent. Bill Chapman, Project Manager on the Plum Creek project, explained that they are addressing the 100 and 500-year flood plains. They need to decide which plan is most economically feasible. They believe the one with the detention site is most feasible. Of the 460 structures in the 100-year flood plain, all but 52 would be taken out of the flood plain under this plan. They expect the feasibility cost to be 400 million dollars. A feasibility cost sharing agreement has already been given to the staff. If the Council desires to continue with it, they would like to have a letter from them to that effect. They will also do a study on East Plum Creek if the Council wants them to do this one. The study will take eighteen months to complete. It was noted that flood insurance would no longer be required on the 408 structures that would be removed from the flood plain. The study on the main branch and the East end of Plum Creek could be done independently or separately. 195 Item 4 Cont'd The Council expressed interest in continuing the study. Mr. Berzina noted the staff will do whatever they can about a financial report by the next meeting. Mayor Goolsby expressed appreciation for the good report and the attention the Corps of Engineers has given us in this city. Items 5a-8d Items 6b and 7a were moved to the regular agenda. Moved by Councilor Thomas that the consent agenda be approved. Motion seconded by Councilor Buffum. Item 5a ORDINANCE NO. 23-89 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY-FIVE ( 25 ) FOOT WIDE EAST-WEST ALLEY IN BLOCK 92 , ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5b ORDINANCE NO. 24-89 ORDINANCE WAIVING SECTION 22-1(a) ( 2) AND SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT ADVERTISING SIGNS AND VEHICLES ON THE PARK FOR A CITY SPONSORED CONCERT IN SCOTLAND PARK ON APRIL 23 , 1989 AND MAY 21, 1989 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5c ORDINANCE NO. 25-89 ORDINANCE REPEALING SECTION 20-14. 1 OF THE CODE OF ORDINANCES WHICH HAS BEEN DUPLICATED BY RECENT AMENDMENTS TO CHAPTER 5 OF THE CODE PERTAINING TO THE KEEPING OF POISONOUS REPTILES WITHIN THE CITY LIMITS Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham - Nays: None Item 6a RESOLUTION NO. 51-89 RESOLUTION AMENDING RESOLUTION NO. 2509 AS AMENDED TO PERMIT BEER SALES TO BE INCLUDED IN THE REQUIRED PERCENTAGE OF GROSS SALES WITHIN CITY PARKS PAID TO THE CITY i 196 Item 6a Cont'd Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham I Nays: None Item 8 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - March 1 , 1989 b. Board of Directors Reinvestment Zone No. 1 - April 3 , 1989 C. Kemp Public Library Planning Committee - March 30, 1989 d. Human Relations Commission - April 4, 1989 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6b A proposed resolution was presented waiving the service fee provision for certain accounts. A motion was made by Councilor Hirschi, and seconded by Councilor Thompson, for its passage. Mr. Berzina explained that if we cause the error we stand by it, but we have not caused this error, and does not feel it should be waived. The motion failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Item 7a Bids were considered for estimated annual requirements for ready mix concrete and masonry sand. Moved by Councilor Kirkham that the bid for ready mix concrete be awarded to O.K. Concrete, in the amount of $116 ,125. Motion seconded by Councilor Buffum, and carried unanimously. Moved by Councilor Kirkham that the bid for masonry sand _ be awarded to Wichita Sand and Gravel, in the amount of $2,700 . Motion seconded by Councilor Thompson, and carried unanimously. Item 9a ORDINANCE NO. 26-89 AN ORDINANCE AMENDING THE DEVELOPMENT FEE ORDINANCE 85-87 BY ADDING SUBSECTION 14, CONTRACTOR WORK PERMITS, TO SECTION 2 OF SUCH ORDINANCE 197 Item 9a Cont'd Moved by Councilor Thompson that Ordinance No. 26-89 be passed. Motion seconded by Councilor Barenberg. Discussion was held on better control for the Inspection Department, and convenience to the contractors. Mr. Berzina noted that the contractors were very receptive to this idea. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9b ORDINANCE NO. 27-89 ORDINANCE MAKING A REAPPROPRIATION IN THE GENERAL FUND FOR FUNDS WHICH LAPSED AT THE END OF FISCAL YEAR 1987-88 FOR THE EQUAL EMPLOYMENT OPPORTUNITY DIVISION Moved by Councilor Barenberg that Ordinance No. 27-89 be passed. Motion seconded by Councilor Thompson. Councilor Buffum asked if this indicates that these funds are not needed? Miss Houseworth explained that it was an accounting problem since the program went over two fiscal years. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item l0a RESOLUTION NO. 52-89 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS DEPARTMENT COMMUNITY AFFAIRS FOR EMERGENCY SHELTER GRANT FUNDS AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY' S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY' S PARTICIPATION IN THE EMERGENCY SHELTER GRANTS PROGRAM Moved by Councilor Buffum that Resolution No. 52-89 be passed. Motion seconded by Councilor Barenberg. Councilor Thompson stated that because he is Director of CAC he will not participate in the discussion, nor vote on it. Councilor Barenberg requested clarification of the accountability and the solicitation of funds if something happens. Mr. Hodge explained that we are not accountable for the money if the grant is not approved. Should either of these agencies default, the City would have to come up with the money. i 198 Item 10a Cont'd Jim Dockery explained that we have a contract with the State and the two non-profit organizations. In the contracts with the two organizations we stipulate that we are not accountable. Mr. Berzina stated that these funds are in demand, and feels if we could not fund them it would go to another place. Mr. Dockery noted that the funds are released in increments. Laura Grimsinger, Executive Director of First Step, stated that they matched the funds last year with volunteer hours. They plan to do the same thing this year. The motion carried by the following vote. I Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Barenberg, Buffum, and Kirkham Nays: None The Council recessed at 9: 45, and reconvened at 10: 00 . A moment of silence was observed in memory of Ed Daniel, who was Executive Director of Nortex Regional Planning Commission. Item 10b RESOLUTION NO. 53-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ON BEHALF OF THE CITY OF WICHITA FALLS, TRUSTEE, WITH FIRST STEP, INC. Moved by Councilor Barenberg that Resolution No. 53-89 be passed. Motion seconded by Councilor Kirkham. Councilor Thompson and other Council members expressed support for this use of the property. Mrs. Chasteen noted that some of the delinquent taxes go back into the 19501s. Further discussion continued on the option to renew, and the City' s exposure. Mr. Hodge agreed that we could give this land as a gift because of the delinquent taxes. I I, The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10c RESOLUTION NO. 54-89 RESOLUTION ACCEPTING BID FOR TRADE OF EXCESS PROPERTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEED ON BEHALF OF THE CITY Moved by Councilor Thompson that Resolution No. 54-89 be passed. Motion seconded by Councilor Barenberg. Councilor Hirschi expressed concern that we are trading appraised property of $8000 for $3200 worth of property. We will also have to demolish another property. He would expect the property on Kell to appreciate in value considerably more 199 Item 10c Cont'd than the property on Third Street. He does not believe this to be an equitable trade. Mrs. Chasteen explained that the City has had this property on Kell for twenty years, and it has been for sale at least twice. It has very limited usage for the City because we cannot get a curb cut. Councilor Barenberg noted that we cannot discount the value of property in the downtown area that will be worth something to us in the future. A minimum bid of $8 ,400 was previously placed on this property. Mr. Berzina believed we will have more opportunity to use the land in the river area than out on Kell. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Thompson, Barenberg, and Kirkham Nays: Councilors Hirschi and Buffum Item 10d RESOLUTION NO. 55-89 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS Moved by Councilor Buffum that Resolution No. 55-89 be passed. Motion seconded by Councilor Kirkham. Councilor Thomas stated that he feels we need to move on with the Midwestern Parkway project. Mr. McKinney noted that the State has a bid letting date of March, 1990 , for Midwestern Parkway. The bid letting dates for Armory Road and Maurine Street are July, 1989, and November, 1989, respectively. Mr. McKinney explained that right-of-way will be needed. They are proceeding with the funding of these projects from a budgetary standpoint. Councilor Hirschi also mentioned extension of Red Fox to Maurine. Mr. McKinney explained there would be no federal participation on this. The City would have to address it as part of the capital improvements program. Councilor Hirschi would also like to see some reference to bicycles in this program. The motion for passage of Resolution No. 55-89 carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10e Discussion was held on a proposed resolution authorizing the City Manager to execute golf course contract amendment number four with Recreational Services, Ltd. , for management of Weeks Park Golf Course. A motion was made by Councilor Barenberg, and seconded by Councilor Kirkham, for its passage. Marty Streiff, President of Recreational Services, Ltd. , requested an adjustment of their rent at the golf course. They have operated the golf course for three years, and their records have been audited for the past three years. He 200 Item l0e Cont'd explained that they have rebuilt the back nine holes. They have also been impacted by the channelization that went through two years ago, and they will experience further impact in channelization. He noted that a report in the Dallas Morning News rated Weeks Park Golf Course in the top twenty- five in Texas. He noted other improvements made in the past three years, along with plans for the future for promoting the golf course. They are also recommending family and junior memberships, and a payment plan. They do not plan to keep the snack bar open if the temperature is less than thirty-two degrees. Regarding private carts, they do not believe it to be economically and liability equitable. Mr. Streiff requested that the Council look at this as a business decision. They have operating data today as opposed to forecasts in 1985. He also explained the fee schedule for a family membership. Councilor Barenberg pointed out that they are talking about the same amount for a family membership as the Wichita Falls Country Club, where there are no green fees, and they also have a swimming pool, tennis courts, etc. Mr. Powers noted that membership for the entire family at River Creek is $375. Mr. Streiff stated their gross total of 1988 revenue was $535,000. Councilor Barenberg expressed concern about golf carts having no brakes and sometimes the cart would go at full speed, or not at all. They were informed that a cart in the parking lot without brakes had damaged a car' s lights. He also mentioned a number of carts being out of commission. They were told by the Pro that there was not enough charge for the carts. Moved by Councilor Barenberg that Paragraph A of the contract be eliminated, and the basic contract be enforced on all fees charged. Motion seconded by Councilor Hirschi. Dean Tackitt, 4402 Prince Edward, stated that the Senior Golf Association is not satisfied with the snack bar operation proposed by Mr. Streiff. They also feel prices at the pro shop are too high. He stated that he feels the contract should be brought back to its original status, and he felt the family membership fee was probably too high, stating it should be more competitive with River Creek Golf Course. Jerry Moat, President of Wichita Falls Senior Golf Association, stated that they feel the City has given enough to this company in concessions to run this golf course. Councilor Thompson stated he has been in favor of trying to find a new contractor to operate the golf course. He was surprised to find out they grossed one-half million. He is still not satisfied with the information that has been provided. If fees remain the same, he does not see how we would lose one quarter million on it. He wants all available information on it. Mr. Berzina explained that the City has had a person assigned to evaluate this operation, and a staff member has made this recommendation to them. Mr. Powers explained that they have the financial information, and he and Fred Werner shared the information with Mr. Berzina and the Mayor. Mayor Goolsby noted that he was not satisfied with the report, and Councilor Kirkham stated he would like to see the information. Mayor Goolsby noted that they had directed that people with the golf association meet with Mr. Streiff monthly. Councilor Hirschi finds several unacceptable provisions in Paragraph A. He does not like quarterly payments. He also mentioned the grace period, collection date for annual 201 Item 10e Cont'd memberships, escrow payments, and monthly payments. He expressed opposition to allowing them any rent reduction as long as we stick with the quarterly payment. If they default, the City is stuck with paying the bill. Councilor Buffum questioned how will holding to the basic contract affect the quality of play, stating that if the service is not being provided, increasing the fees will not improve the quality of the course. If the services are not being provided, then dissolution of the contract may be something we have to look at. Mr. Powers explained that the Corps of Engineers will not allow any play across Holliday Creek. That would cause Recreational Services Limited to provide for temporary play. Councilor Buffum noted that he is not prepared to act on this today. Councilor Thomas commented that he had talked with Mr. Palmer, who previously served on the Council, who stated that the golf course seems to be progressing gradually. He noted that it is their job to set policy, and follow through on it. Mayor Goolsby noted his concern about the audit report. Mr. Werner stated that the accounting procedures were in order. Moved by Councilor Thomas that this matter be tabled for review of their financial statement. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: Mayor Goolsby and Councilor Thomas A called meeting was set for April 26, 1989, at 8: 30 A.M. , to consider this matter. Item lla William Young, 1018 Widows Lane, requested a handicapped parking space on Tenth Street East of Lamar, near the post office. Councilor Hirschi noted there is no ramp at the Court House Annex, and only one handicapped parking space. The Activities Center also needs to be looked at. Wendell Burnam, 3509 Arthur Street, noted problems in Tesco Park after the softball lights are out. He stated there are lots of children and older folks in this block facing the park. There have been drug transactions, alcohol, indecent exposure, and destruction of public and private property. If a property owner approaches them they retaliate. There is profanity, disorderly conduct, litter, disturbing the peace ( loud car stereos) , speeding, and fighting. Residents have talked to the Park Board. They also promised no Wednesday night games. They have met with Chief Harrelson. When patrols were stepped up, activity decreased, but now it is increasing again. He requested some type of gate that would keep this type of visitors out. Parks Department was concerned about having someone to close the gate. He noted that he had received no response to his letter dated February 8, 1988. 202 L Item 11a Cont'd Councilor Thomas noted that this was brought to their attention four or five years ago. It was as bad as they said it was, and maybe worse. It is not the ball players or spectators. He agrees that it must be alcohol and dope. Chief Harrelson explained that they met with the community in this area last year, and it is a Kemp Street problem. It helped when they were able to patrol it, but they only have two officers patrolling that area. Mr. Burnam feels a gate would help. He agrees that they may go somewhere else if they leave that area. He tried getting license plates and turning them in to the police. Councilor Thomas suggested getting license plates, and someone willing to testify. Mayor Goolsby requested the City Manager to work with this problem. Laura Burnam noted that it is hard to get license numbers in the dark, and stated that anytime anyone who wants to can come to her house and watch. Mayor Goolsby stated that if they are going to report a license number, an offense should go with it. More lights were suggested by Councilor Kirkham. E. C. Black, 5202 St. Helena, noted the Junior golf tournament to be held on June 26. The Council recessed at 12: 20 P.M. , and reconvened at 1: 00 P.M. Councilor Thompson did not return. Item 11b Councilor Thomas noted the gift of the martin house at the Falls which was stolen. He suggested we get another one to keep down mosquitos. Councilor Buffum noted a Resource Directory for Drug and Alcohol Abuse, which was prepared by Corliss Green and Jo Alice Davis. It was prepared at no cost to the taxpayers. He also expressed appreciation for the letter sent to Robert Page, signed by Senators Bentsen and Gramm, and Representative Sarpalius. Councilor Barenberg suggested that some method be devised for council members to meet and greet those of the performing arts who come to Wichita Falls, and thank them for coming here. He also would like Mr. Hodge to clarify for the public the rules for write-in votes in elections. Councilor Barenberg also asked for a legal opinion, and then develop a f policy to give a discount to 501(c) 3 organizations. Councilor Hirschi encouraged Mr. Bonnett to express his concerns to the legislature on toxic and hazardous wastes getting into the streams. He also asked about the conversion of natural gas to the city' s fleet. The drug lab was mentioned, and Chief Harrelson explained it would be discussed at Nortex. Councilor Kirkham asked about a concept of part time police patrol officers, stating this might be a way to address problems such as the one at Tesco Park. He also noted his encouragement by the report of the Corps of Engineers. i i 203 Item 11b Cont'd Mayor Goolsby stated that he believed their visit to Washington was brought about by a letter from our senators and congressmen lately. He also mentioned visiting Austin on pending legislation, stating there will be some important things happening that we will need representatives down there on. We need to zero in on workman' s compensation. Item 11c Mr. Berzina passed out a letter from Bill Sarpalius on landfill regulations. On assisting the Red Door on removing concrete blocks, he believed they are probably better left as they are, and putting tape on them. He also reported that the State said "no" to indicating on signs that Wichita Falls is the home of Sheppard Air Force Base and Midwestern State University. Miss Houseworth addressed the Christmas in Spring project previously mentioned by Dale Heath, of the Senior Citizens organization, stating that they would like to use $300 of remaining funds to contract with Bell Processing for trash pick-up, and use the remainder for Christmas in Spring. Mr. Berzina noted a meeting with Burlington Northern on April 27, concerning the Seventh Street crossing. Items 11d-f The City Council recessed into executive session at 1: 30 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 2: 48 P.M. Moved by Councilor Thomas that Randy McCullough be appointed to the Board of Electrical Examiners for a term to expire May 31, 1990 (replacing Michael Kelly, who resigned) . Motion seconded by Councilor Kirkham, and carried unanimously. Moved by Councilor Thomas that John Vitek, Henry Dvorken, Mrs. G. Dean Funston, Elizabeth A. Yarosz, and Martha Steimel be reappointed to the Art' s Commission for terms to expire April 30, 1991. Motion seconded by Councilor Kirkham, and carried unanimously. The City Council adjourned at 2 : 50 P.M. PASSED AND APPROVED this the day of , 1989. Perry Go lsby, Mayor ATTEST: ram// L.C'11 IZE Wilma J. Thomas, CMC/AAE City Clerk