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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. i 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. 226 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 227 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. 228 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. i 229 i 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 230 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 i 231 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. i 233 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. 234 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