Min 05/16/1989 i
225
Wichita Falls, Texas
Memorial Auditorium Building
May 16, 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
David Farabee
Michael Lam
Angus Thompson Councilors
Robert Barenberg
Ron Buffum
Don Kirkham
James Berzina City Manager
Bill Sullivan Assistant City Attorney
Wilma J. Thomas City Clerk
H. P. Hodge Absent
The invocation was given by Reggie Coe, Grace Church.
Mayor Goolsby noted the presence of new council members
Michael Lam and David Farabee. Bill Sullivan is also here
today due to the death of Mr. Hodge' s mother.
Item 3
Moved by Councilor Kirkham that minutes of the meetings
held May 2 and May 11, 1989, be approved.
Motion seconded by Councilor Thompson, and carried
unanimously.
Item 4
James Snowden presented information to the Council on the
Triage Center. He introduced two staff members. He presented
the history of the establishment of this center and treatment
program. He believes its future to be bright, and fully
expects funding to continue from various agencies.
Various council members commended the program, stating it
is a pilot program in Texas.
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Mayor Goolsby explained there had been an oil spill on
the Wichita River, and the Falls were turned off for
protection until they can determine what is going to happen.
Later in the meeting Mr. Bonnett reported that it has been
contained, but they will leave the pump off until the sheen
disappears.
Items 5a-9e
Moved by Councilor Buffum that the consent agenda be
approved.
Motion seconded by Councilor Kirkham.
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Item 5a
ORDINANCE NO. 31-89
ORDINANCE WAIVING THE PENALTY AND INTEREST
PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES
DUE TO CITY ON TAX ACCOUNT NUMBER 0990-232-0001
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 5b
ORDINANCE NO. 32-89
ORDINANCE WAIVING SEC. 22-1(a) 2, SEC. 22-1(a) ( 9) ,
SEC. 22-3 , AND 22-4 OF THE CODE OF ORDINANCES TO
PERMIT THE RIDING OF HORSES AND DRIVING OF MOTOR
VEHICLES ON PARKS, POSTING OF SIGNS, STAYING IN A
PARK BEYOND CURFEW HOURS AND THE POSSESSION AND
CONSUMPTION OF BEER IN LUCY PARK, JUNE 15 THROUGH
JUNE 19, 1989 FOR THE FALLS FEST EVENT
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 6a
RESOLUTION NO. 69-89
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF
UTILITY EASEMENTS FOR THE SEYMOUR HIGHWAY COMPONENT
OF THE 1988-89 UTILITY IMPROVEMENTS PROGRAM,
APPROVING THE APPRAISALS, SETTING JUST COMPENSATION,
AND AUTHORIZING PURCHASE OR CONDEMNATION
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 6b
RESOLUTION NO. 70-89
RESOLUTION APPROVING AND AUTHORIZING A LEASE
CONTRACT WITH THE WICHITA FALLS BOAT CLUB FOR A LOT
ON NORTH SIDE OF LAKE WICHITA, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SUCH LEASE CONTRACT
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 7a
RESOLUTION NO. 71-89
AWARD OF BID TO THACKER-BERRE CONSTRUCTION FOR THE
1989 ALLEY REHABILITATION PROJECT
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
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Item 7b
RESOLUTION NO. 72-89
AWARD OF BID TO MERIT ENGINEERING & CONSTRUCTION FOR
THE 1989 MUNICIPAL COURT ANNEX PARKING LOT REPAIR
PROJECT
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 7c
RESOLUTION NO. 73-89
AWARD OF BID TO R-TICO, INC. FOR THE CDBG RED DOOR
SENIOR CITIZENS CENTER PARKING LOT REPAIR PROJECT
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 8a
RESOLUTION NO. 74-89
RESOLUTION TO ACCEPT 1988 SLUDGE HANDLING FACILITIES
PROJECT AS COMPLETE AT THE RIVER ROAD WASTEWATER
TREATMENT PLANT AND AUTHORIZE CITY MANAGER TO MAKE A
FINAL PAYMENT
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 9
Minutes of the meetings of the following Boards and
Commissions were received.
a. Board of Directors Reinvestment Zone No. 1 -
April 3 , 1989
b. Traffic Safety Commission - April 5, 1989
C. Zoning Board of Adjustment - April 19, 1989
d. Kemp Public Library Planning Committee -
April 20, 1989
e. Park Board - April 27, 1989
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 10a
ORDINANCE NO. 33-89
ORDINANCE GRANTING AUTHORITY TO THE FIRST UNITED
METHODIST CHURCH TO CONSTRUCT A CANOPY FROM ITS
CENTER ENTRANCE ON TRAVIS STREET, WHICH EXTENDS
ACROSS THE PROPERTY LINE
Moved by Councilor Barenberg that Ordinance No. 33-89 be
passed.
Motion seconded by Councilor Thompson.
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Item 10a Cont'd
De Forrest Wiksten requested permission to construct a
canopy across the property line on Travis Street. He did not
see any traffic danger. George Ross, of Reid Ross Company,
explained that the canopy will be nine feet above the
sidewalk, and six feet wide.
Mr. McKinney explained that this matter is governed by
the building code. The actual poles will be in the city
right-of-way, and it will require Council approval. Councilor
Buffum asked if this request will impact on a situation at a
furniture store on the Seymour Highway, and Mr. McKinney
explained that this is a completely different situation.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 10b
ORDINANCE NO. 34-89
MAKING AN APPROPRIATION FROM THE HOTEL/MOTEL FUND TO
ASSIST IN SUPPORTING A WELCOME FOR REPRESENTATIVES
FROM THE NATO NATIONS PARTICIPATING IN THE EURO-NATO
JOINT TRAINING PROGRAM AT SHEPPARD AIR FORCE BASES
Moved by Councilor Barenberg that Ordinance No. 34-89 be
passed.
Motion seconded by Councilor Thompson.
Following a question from Councilor Buffum, Fred Werner
explained that the money is coming from interest earned from
equity.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item lla
RESOLUTION NO. 75-89
RESOLUTION APPROVING ONE YEAR LEASE TO MIDTOWN NOW,
INCORPORATED OF LOTS 3-9, BLOCK 177, ORIGINAL TOWN
OF WICHITA FALLS
Moved by Councilor Thompson that Resolution No. 75-89 be ,
passed.
Motion seconded by Councilor Kirkham.
Mike Bradshaw, Executive Director of Midtown Now,
presented the site plan for the Oil and Transportation Museum.
He also recommended two changes in the proposed lease, and the
Council agreed to incorporate the changes. Mr. Bradshaw
identified the property in that area, and recommended a one-
year lease, stating they will be attempting to secure the
needed property. Councilor Thompson noted a restaurant in
this area would be helpful.
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Item 11a Cont'd
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 11b
RESOLUTION NO. 76-89
RESOLUTION TO APPROVE PURCHASE OF HAND-HELD METER
READING SYSTEM FROM DATAMATIC, INC.
Moved by Councilor Barenberg that Resolution No. 76-89 be
passed.
Motion seconded by Councilor Lam.
Mr. Gross explained that this equipment will allow
movement of the reading electronically from the meter to the
computer without being handled again by human intervention.
The City Manager was requested to explore other areas of usage
for these meters. Mr. Gross explained they will be helpful in
inventory of meter boxes.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item llc
RESOLUTION NO. 77-89
RESOLUTION APPROVING TRANSFER OF CITY' S AIRPORT AND
AIRWAYS IMPROVEMENT ACT OF 1982 ENTITLEMENT FUNDS
FOR FY 1989 IN THE AMOUNT OF $710,000 TO THE GRAHAM
MUNICIPAL AIRPORT
Moved by Councilor Barenberg that Resolution No. 77-89 be
passed.
Motion seconded by Councilor Thompson.
Mr. Parker explained that Olney is in the process of
preparing a grant for next year. In about three years the
City of Wichita Falls may need to do some concrete work on the
apron.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item lld
RESOLUTION NO. 78-89
RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO
CONTRACT WITH KUSTOM ELECTRONICS FOR LEASE/PURCHASE
OF POLICE RADAR EQUIPMENT
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Item lld Cont'd
Moved by Councilor Thompson that Resolution No. 78-89 be
passed.
Motion seconded by Councilor Kirkham, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item lle
RESOLUTION NO. 79-89
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A FIRST AMENDMENT TO THE CONTRACT FOR
CONCESSIONAIRE AT THE MEMORIAL AUDITORIUM LOBBY
Moved by Councilor Lam that Resolution No. 79-89 be
passed.
Motion seconded by Councilor Farabee.
Miss Houseworth explained that the Health Department
has no problem with health concerns previously
expressed.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item llf
RESOLUTION NO. 80-89
RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH AMERICAN SIGN AND
INDICATOR CORPORATION FOR MAINTENANCE OF THE
ELECTRONIC SIGNS AT THE SPORTS COMPLEX AND
ACTIVITIES CENTER
Moved by Councilor Kirkham that Resolution No. 80-89 be
passed.
Motion seconded by Councilor Thompson.
Assistant City Attorney Bill Sullivan explained there was
no need to go out for bids on this item. There is a five-year
option, and it can be terminated. Miss Houseworth explained
they have worked out the problems with the data cable at the
softball complex.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
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Item llg
RESOLUTION NO. 81-89
RESOLUTION APPROVING CONTRACT BETWEEN BURLINGTON
NORTHERN RAILROAD COMPANY AND THE CITY OF WICHITA
FALLS FOR THE PURPOSES OF RECONSTRUCTING THE SEVENTH
STREET RAILROAD CROSSING AND AUTHORIZING THE CITY
MANAGER TO SIGN THE CONTRACT
Moved by Councilor Thompson that Resolution No. 81-89 be
passed.
Motion seconded by Councilor Kirkham.
Councilor Buffum commented that this is an area where all
the Council members have worked to improve a problem.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 12a
RESOLUTION NO. 82-89
RESOLUTION TO AWARD BID FOR INSTALLATION OF CARPET
AT THE KEMP PUBLIC LIBRARY OF WICHITA FALLS
Moved by Councilor Thompson that Resolution No. 82-89 be
passed.
Motion seconded by Councilor Buffum.
Councilor Lam asked about the actual number of days
required for installation of the carpet. Clarification was
provided.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
The City Council recessed at 9: 40 A.M. , and reconvened at
10: 00.
Mayor Goolsby called for a moment of silence in
memory of Mrs. H. P. Hodge, Sr. , mother of City Attorney
H. P. Hodge, Jr. , and for the family.
Item 13a
John Griner, 1600 Sumner Terrace, stated that he monitors
Lynwood Park daily, and is a member of the East Lynwood
Association. He stated there have been some misconceptions
concerning the park, and he has yet to see any of the
activities mentioned at an earlier meeting. The police are
monitoring the park every hour on the hour. Chief Harrelson
also confirmed that they have been monitoring the park, and
have not found any illegal activity whatsoever. Mr. Griner
expresses concern about the lack of entrance and exit from
Lynwood Park. He also mentioned lights out during a recent
storm. Mrs. Ozuna thanked Mr. Griner for his comments.
232
Item 13a Cont'd
Charles Quinn, 5211 Dewey, opposed a proposed flea market
in that area, stating a restaurant or grocery store would be
helpful. The developer was planning to have open booths along
this road.
Councilor Buffum explained that this matter will be
considered tomorrow by the Zoning Board of Adjustments, which
is a quasi-judicial body. This area is still general
commercial, but on June 2, a flea market will be a mandatory
conditional use. Mr. McKinney explained the applicant is
appealing the staff ' s decision on that, which will be before
the Zoning Board of Adjustment tomorrow.
Linda Edgerton, 5209 Dewey, also opposed the flea market
in that area, stating she would like to see a supermarket
instead. The area residents were urged to attend the meeting
of the Zoning Board of Adjustment.
Item 13b
Councilor Thompson requested to meet with Chief Harrelson
to discuss what is being done about the drug problems in the
city. Chief Harrelson indicated he would prefer briefings on
an individual basis, or two or three at a time. There are
some things they would not want to make public. Mayor Goolsby
also expressed his interest, stating they get a lot of
negative talk at the Council table.
Councilor Thompson noted that he would like to discuss
youth opportunities for employment with Mr. Berzina.
Councilor Kirkham requested rezoning in the area of
Missile Road and Dewey Street, stating that the problem with
the general commercial area exists as it backs up to
residential areas. He would like it rezoned to limited
commercial and single family two. It was the concensus of the
Council that this request be studied, along with similar
situations in the city. Councilor Kirkham also noted that he
met with a developer who is interested in making a market
survey for a supermarket in this general area.
Councilor Farabee applauded the efforts of Councilor
Kirkham, stating it would be well for all districts to
consider putting together a committee, and be aware of what' s
going on in their city government.
Councilor Buffum highlighted a concern in the Southeast
part of town, stating there would be a forum at Bonham School
on May 25 , at 7: 30 P.M. , for information on the prison.
Item 13c
Chief Harrelson reported that there are not many police
athletic programs in operation. They are still trying to find
a way to make it work. He also reported there are no funds to
open a drug lab here. The Department of Public Safety feels
they can provide better service in Garland, rather than
Abilene.
Mr. Berzina reported that the BCI has been meeting with
the West Texas Baptist Association to try to accommodate this
convention for out of town people.
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Item 13c Cont'd
Councilor Thompson gave a report from the Dallas Morning
News on crime in Dallas.
Kermit Pruitt, 1907 Giddings, suggested a resolution to
put Ronald Reagan on Mount Rushmore. Councilor Barenberg
noted that the City Council is non-partisan, and he would feel
remiss in dealing with a resolution for anyone for that
purpose. Mayor Goolsby noted they would place it on the
agenda if they decided to do so.
Item 13d-h
The City Council recessed into executive session at
�0: 36 A.M. , according to Article 6252-17, Section 2,
Paragraphs (e) and (g) of the Revised Civil Statutes. The
meeting reconvened at 12: 36 P.M.
RESOLUTION NO. 83-89
RESOLUTION ACCEPTING RESIGNATION OF BOB BROTHERTON
AS SUBSTITUTE JUDGE OF THE MUNICIPAL COURT, AND
CONSENTING TO THE APPOINTMENT OF HIS SUCCESSOR
Moved by Councilor Kirkham that Resolution No. 83-89 be
passed.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Moved by Councilor Kirkham that the following be
appointed to the Commission on Aging, for terms to expire
May 31, 1991.
a. Rachel M. LeBeau b. Joy Parsons
C. Dr. Charles Wilson d. Roy Bowling
e. Arvilla Pollard f. Kathleen Hull
g. Linda Edgerton
Motion seconded by Councilor Barenberg, and carried
unanimously.
Moved by Councilor Kirkham that the following be
appointed to the Commission for Disabled Persons, for terms to
expire May 31, 1991.
a. Marilou Wright b. Dee Dee Brown
C. Lee Nielson d. Ricky McGee
e. Carol Hazel f. Robert Reynolds
g. Stan Tidwell
Motion seconded by Councilor Barenberg, and carried
unanimously.
Moved by Councilor Kirkham that Jackie Lebow,
Chuck Dennis, and Jack Bock be appointed to the Planning and
Zoning Commission, for terms to expire May 31, 1992.
Motion seconded by Councilor Lam, and carried
unanimously.
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Item 13d-h Cont'd
Moved by Councilor Kirkham that Robert Lennard,
Charlie Jones, and Bette Butler be appointed to the Board of
Electrical Examiners, for terms to expire May 31, 1991.
Motion seconded by Councilor Thompson, and carried
unanimously.
Moved by Councilor Kirkham that Mark Duffy be appointed
to the Human Relations Commission, for a term to expire
December 31, 1991.
Motion seconded by Councilor Buffum, and carried
unanimously.
Moved by Councilor Kirkham that John Hirschi and Mr. and
Mrs. Tom Walters be appointed to the Library Planning
Committee.
Motion seconded by Councilor Barenberg, and carried
unanimously.
No appointments were made to the Traffic Safety
Commission and Aviation Advisory Board.
The following council liaisons to various boards and
commissions were announced.
a. Aviation Advisory Board - Michael Lam
b. Plumbing and Mechanical Board of Adjustments and
Appeals - Michael Lam
C. Landmark Commission - David Farabee
d. Library Advisory Board - David Farabee
e. Library Planning Committee - David Farabee
f. Clean Community Commission - Don Kirkham
g. Water Resource Commission - Don Kirkham
h. Building Board of Adjustments and Appeals -
Michael Lam
Moved by Mayor Goolsby that Don Kirkham be appointed
Mayor Pro tem.
Motion seconded by Councilor Buffum, and carried
unanimously.
Mayor Goolsby announced the retirement of City Attorney
H. P. Hodge, Jr. , effective July 31, 1989, stating the Council
has accepted his resignation, with regrets.
The City Council adjourned at 12//:^^45 P.M.
PASSED AND APPROVED this the w ,�., day of
1989.
t
Perry Goolsby, Mayor
ATTEST:
Wilma J. Thomas, CMC/AAE
City Clerk