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Min 06/06/1989 i 235 Wichita Falls, Texas Memorial Auditorium Building June 6, 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 H. P. Hodge City Attorney Wilma J. Thomas City Clerk The invocation was given by Randall Cloud, First Church of the Nazarene. Item 3 Moved by Councilor Kirkham that minutes of the meeting held May 16, 1989, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item 4a Brenda Cary, a Finance Department employee, was honored as Employee of the Month for June. Mayor Goolsby presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4b Mayor Goolsby presented commendations of merit to Ricka Allen, Tika Cadambi, Tonya Dawkins, Karla Hester, Kay Kennedy, Katherine Nunley, and Monica Thompson, outgoing members of the Youth Activities Advisory Commission. Items 5a-9k Items 6d and 9a were moved to the regular agenda. Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Barenberg. Item 5a ORDINANCE NO. 35-89 ORDINANCE WAIVING SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT SALE AND CONSUMPTION OF BEER AT THE SOFTBALL FIELD IN SCOTLAND PARK JUNE 9-11, 1989 FOR A FAST PITCH SOFTBALL TOURNAMENT SPONSORED BY THE NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION 236 Item 5a Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 84-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR PHASE III OF THE HOLLIDAY CREEK PROJECT, 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. 85-89 RESOLUTION APPROVING FIFTH AMENDMENT TO RENTAL CAR LEASES AT MUNICIPAL AIRPORT WITH HCR CAR RENTALS AND M & M RENTAL SERVICES, HERTZ AND NATIONAL Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6c RESOLUTION NO. 86-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE THE CITY'S OPTION TO RENEW LEASE AGREEMENTS WITH COCA COLA BOTTLING COMPANY AND DR. PEPPER BOTTLING COMPANY FOR SOFT DRINK VENDING MACHINES Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7a RESOLUTION NO. 87-89 AWARD OF BID TO R-TICO, INC FOR THE CDBG STREET REHABILITATION PROJECT Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8a RESOLUTION NO. 88-89 RESOLUTION TO ACCEPT JASPER STREET CONCRETE FLUME REPAIR PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR i 237 Item 8a Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Items 9b-9k Minutes of the meetings of the following boards and commissions were received. b. Commission on Aging - May 3 , 1989 C. Human Relations Commission - May 9, 1989 d. Planning and Zoning Commission - May 10, 1989 e. Civil Service Commission - May 10, 1989 f. Board of Electrical Examiners - May 11 , 1989 g. Library Planning Committee - May 11, 1989 h. Human Relations Commission - May 23 , 1989 i. Civil Service Commission - May 24 , 1989 j . Civil Service Commission - May 24, 1989 k. Park Board - May 25, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6d RESOLUTION NO. 89-89 RESOLUTION APPROVING AGREEMENT WITH THE LONE STAR GAS COMPANY FOR RELOCATION OF UTILITIES FOR PHASE II OF THE HOLLIDAY CREEK FLOOD CONTROL PROJECT Moved by Councilor Barenberg that Resolution No. 89-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9a Moved by Councilor Barenberg that minutes of the meeting of the Wichita Falls-Wichita County Public Health Board held April 28, 1989, be received. Motion seconded by Councilor Buffum. Councilor Buffum asked about the annual figure of $300,000 for care of one aids patient, and later in the meeting Mr. Edmondson confirmed that this was correct for one particular patient, stating that the minimum would be $15 ,000. The motion carried unanimously. 238 Item 10a ORDINANCE NO. 36-89 AN ORDINANCE REZONING BLOCK 91, ORIGINAL TOWNSITE, LESS THE NORTH 75 FEET OF LOTS 16-21, BLOCK 91, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS, AND ADJACENT RIGHTS-OF-WAY, FROM RIVER DEVELOPMENT DISTRICT TO A HEAVY COMMERCIAL ZONE Moved by Councilor Thompson that Ordinance No. 36-89 be passed. Motion seconded by Councilor Lam, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10b ORDINANCE NO. 37-89 ORDINANCE EXTENDING THE PERIOD WITHIN WHICH AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION SHALL FILE WITH THE CITY CLERK ACCEPTANCE OF FRANCHISE AMENDMENT PURSUANT TO ORDINANCE NO. 78-88, SECTION FOUR Moved by Councilor Kirkham that Ordinance No. 37-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lla RESOLUTION NO. 90-89 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING CONSULTING FIRM FOR IMPROVEMENTS TO THE LAKE KICKAPOO DAM EMBANKMENT Moved by Councilor Lam that Resolution No. 90-89 be passed. Motion seconded by Councilor Kirkham. Mr. Bonnett explained the work which has already been done, and the work which will be accomplished under this contract. He explained that basic engineering services will amount to $76,675, but this engineering group will carry this project to final completion, for a total amount of $128,675, including inspection. The Council agreed to change the figure in the resolution to include the full amount. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None i 239 Item 12a Moved by Councilor Thompson that eight terminals and four printers be purchased from Memorex Telex Corporation at a cost of $16 ,560, and six color terminals and four multiplexers be purchased from International Business Machines Corporation in the amount of $18 ,320. Motion seconded by Councilor Barenberg. Councilor Buffum noted they are taking the low bidder on all items except on the printer. Miss Houseworth explained that they have the flexibility to do this since it is a request for proposals. That particular printer did not meet their needs, and even broke down while it was being tested. The motion carried unanimously. Item 12b RESOLUTION NO. 91-89 RESOLUTION TO AWARD BID TO THE MARTA COMPANY FOR ANNUAL SUPPLY OF METER BOXES AND METER BOX LIDS Moved by Councilor Thompson that Resolution No. 91-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 13a RESOLUTION NO. 92-89 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR 5 MG CONCRETE STORAGE TANK PROJECT AT CYPRESS STREET WATER TREATMENT PLANT Moved by Councilor Barenberg that Resolution No. 92-89 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, and Kirkham Nays: Councilor Buffum Item 13b RESOLUTION NO. 93-89 RESOLUTION APPROVING PAYMENT OF $26, 375. 00 TO THE WICHITA FALLS COUNTRY CLUB FOR RELOCATION OF IRRIGATION LINES FOR THE HOLLIDAY CREEK PROJECT Moved by Councilor Kirkham that Resolution No. 93-89 be passed. Motion seconded by Councilor Buffum. 240 Item 13b Cont'd Mr. Bonnett explained past negotiations for this property for Holliday Creek. The Country Club has re-installed the line, and they believe in good faith it is equitable to reimburse them for this cost. Final settlement will not be made until after final construction is complete. They may go to condemnation with the City if settlement cannot be reached. Mr. Berzina explained that most of the costs at this point are known, but an unknown factor is the playing condition of the course. Councilor Buffum felt that the Country Club took a change on installation of the line, and he hopes it will be considered when it comes to condemnation. The City has manifested good faith. Mr. Berzina stated that the City is tracking their revenues and expenses, and part of the rationale is to keep the course playable as long as possible. We are sitting on the positive side of this now because of the improvements to the channel. Councilor Thompson noted that he had previously mentioned paying merchants for the loss of business during construction of the Harding Street bridge. Councilor Buffum explained there is a difference in this because we are going right through the center of a business. City Attorney H. P. Hodge agreed with Councilor Buffum' s comments, stating it is a different situation. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 14a ORDINANCE NO. 38-89 ORDINANCE RESCHEDULING THE REGULAR CITY COUNCIL MEETING OF JULY 4, 1989 Moved by Councilor Buffum that Ordinance No. 38-89 be passed, rescheduling the meeting to July 6, 1989. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council recessed at 9: 15 A.M. , and reconvened at 9: 30 A.M. Item 14b Councilor Buffum addressed the Council members as Chairman of the Council Committee, also consisting of Councilors Kirkham and Barenberg, to make a study of proposed refuse rate adjustments. He handed out a summary of our current service. He pointed out that they have been looking at this issue for three months. They have conducted public hearings, and worked with staff comprised of Mr. Bonnett, Mr. Leonard, and Mr. Dockery. Three proposals were presented for consideration. He pointed out that this is an enterprise fund, and costs must balance. They worked to reduce the inequities presented by mobile homes and apartment people. He i 241 I Item 14b Cont'd noted there is not one case in which the single family resident pays the entire cost of service they receive. It is being subsidized by commercial, etc. He highlighted the pros and cons of each of the three proposals. Both Mr. Bonnett and Mr. Leonard confirmed that residents have never been charged a fee at either the transfer station or landfill, if they took the refuse out there themselves, but commercial customers are charged. Councilor Buffum stated that a suggestion was made about limiting the number of bags picked up at each location, noting this is difficult to enforce. He further stated that we need to be looking at the future. Mr. Bonnett has also looked into a proposal for a voluntary recycling program which would cost $200,000. Councilor Buffum noted that these two ideas can be applied to any of the three proposals. Councilor Thompson favored recycling, and would also like the City to provide biodegradable bags for disposal. He feels it is not probable that we can make everyone pay their own share. Councilor Kirkham did not see that Proposal Number One totally includes recycling. Mr. Bonnett explained that he used the 95 percent factor, stating that the five percent elasticity provides the $200,000 for a pilot program. It will be enough to reimburse the equity. Councilor Barenberg commented that we should stick by our attempt to be as equitable as possible to all consumers. Councilor Farabee reserved any comments until he hears from the people in the City on what they want. Councilor Lam complimented the committee for their hard work. He noted that charging people for hauling their own refuse to the transfer station seems to penalize the people for doing the City' s work. They should look seriously at this, along with inflation and adjustments, and give consideration to something the people of the City know they can live with for many years. Councilor Barenberg commented that we are dealing with an unknown factor on state and federal regulations on rapid increases in the cost of landfills. This is only one part of our obligation. He urged that we work on long range planning and technology to protect ourselves in the future, stating this might mean we may have to create some kind of sinking fund. Mayor Goolsby suggested that we separate recycling from this issue since we all agree on that. William Young, 1018 Widows Lane, favored the first proposal, stating that people are now dumping along the roads, and homeowners are keeping up the commercial businesses. He also favored the recycling and limitation on number of bags. Mayor Goolsby noted that bags would be very simple if we were starting from scratch, but with the dumpsters he does not see how we could control a bag concept. Councilor Buffum noted that in various cities they pick up trash in bags purchased by the City. Mr. Bonnett noted that they need some direction from the Council before they can write an ordinance. Mr. Berzina suggested they look at this during the budget process. He believes they should go slow on it. Councilor Lam expressed 242 Item 14b Cont'd that he and Councilor Farabee would benefit from a meeting with the staff on what has transpired in the past. Mayor Goolsby requested that the Committee bring them up to date on it. Councilor Kirkham emphasized that the Committee worked three months on this with several public hearings, and several people attended every meeting. He believes three viable options have been given. He does not know how we will ever educate the public on recycling. Councilor Barenberg stated we are not going to make everyone happy, and he would like to vote on the three, or ` give a specific charge to come back to the Council. Councilor Buffum stated they have accomplished the basic intent they were charged with. The Council directed that this matter be placed on the June 20 meeting for discussion, with final action on July 6 , 1989. Item 14c Susanna Shay, 1720 Truehart, appeared with two other members of the Wichita Rebecca Lodge, noting their community and national involvement. They requested waiver of the $90. 00 health fee for monthly luncheons held to raise funds. Mr. Edmondson explained that the $90.00 fee is for a food permit, and they will be competing with other businesses for this business. Waivers have been requested in the past, but not granted. Councilor Thompson requested that it be placed on the agenda at the next Council meeting. Frank Hunter, 5146 Old Windthorst Road, presented a petition to the Council and City Manager requesting annexation of the described area, and provide water service to the property owners immediately. He stated there were 43 signatures, but some property owners have indicated they may request 100 water meters. If they are not annexed they want to be allowed to be provided water service by a rural water company (Wichita Valley Water Supply Corporation) . Mr. Hunter stated this area includes the proposed prison site, and only one or two large property owners were opposed to annexation. Mr. McKinney related the various steps involved in annexation, stating that it takes three to four months for the process. Mayor Goolsby recommended study of this. Mr. Berzina noted they have to go back to the State on July 12. William Young, 1018 Widows Lane, stated that the Activities Center still needs some handicapped parking ramps. He also noted that the Court House annex and Hamilton Bryan do not have any handicapped parking spaces at all. Mr. McKinney explained that handicapped parking is addressed in the Zoning ordinance. Mayor Goolsby requested that he take a look at it, along with the Activities Center and Court House annex. Item 14d Councilor Thompson expressed appreciation to Chief Harrelson and staff in discussing crime efforts in our community. He also hoped the City could contact the State on lights for the Emmanuel Davis overpass. Councilor Thompson 243 Item 14d Cont'd also requested that Mr. Berzina contact Jimmy Banks, with Water District No. 2, to see what can be done concerning the safety of children in the area of the recent drowning of a young boy in the canal of Water District No. 2. He also requested that a resolution be prepared expressing support to the President, and protesting efforts that are against the pro-democracy demonstrators in China, to be placed on the next council agenda. Councilor Kirkham stated that he received a complaint about rude treatment from transfer station scalehouse attendant, and also at the dumping area, stating he did not receive assistance on where he should dump. He also noted the fast pitch tournament this coming week-end, stating the winners bracket will be played at Scotland Park (for nostalgic reasons) , and the losers bracket will be played at the Complex. Councilor Barenberg asked what commitment has been made, and who citizens would contact with regard to recreational facilities at Lake Wichita? Mr. Berzina explained that the main commitment is that the water level at the spillway would be maintained at 976 feet for the Holliday Creek project. He stated that there is no doubt that the lake needs to be dredged, but this is a project in the future. At 976 feet, it will be a low lake, and will continue to silt in. If not dredged, it will cease to be a lake. The 976 feet is, however, cast in concrete. Anyone who is interested should contact Mr. Bonnett. Councilor Barenberg noted that we are faced with a very serious problem in this community with crime and drug enforcement. The citizens should know they are going to have to pay for this service. The number of pushers in this community is sickening. We have as many as 10,000. We are talking about ten percent of the population in our city involved in drugs. Enforcement will cost us money. Councilor Buffum commended Mr. Bonnett and staff in protecting the public welfare of the citizens. He endorsed the action taken in closing the bridges to traffic. Item 14e Personnel Officer Jan Stricklin addressed Mr. Young' s concerns about handicapped parking, stating she will keep Mr. Young up to date. Item 14f The City Council recessed into executive session at 11 :05 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 2: 15 P.M. Mayor Goolsby announced the procedure of selecting a new city attorney. The Personnel Department will advertise in all available magazines and cities for the position of City Attorney. A committee will be formed for the purpose of review of applications, reducing them to five. Those five will come to the entire council to be interviewed by the Council for the 244 Item 14f Cont'd purpose of selecting the City Attorney to replace Mr. Hodge. The selection timetable is by the end of July, which is the point in time the City Attorney begins his retirement. Item 14g Moved by Councilor Kirkham that the following be appointed to the Plumbing and Mechanical Board of Adjustments and Appeals, with expiration of terms noted. a. Carl Solomon - 12/31/90 ( licensed plumber) b. Calvin Dipprey - 12/31/89 ( licensed plumber) Motion seconded by Councilor Barenberg, and carried unanimously. Moved by Councilor Kirkham that the following be appointed to the Plumbing and Mechanical Board of Adjustments and Appeals. a. Michael Veresh - 12/31/89 (air conditioning contractor) b. Leo Lane - 12/31/90 (air conditioning contractor) Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Kirkham that Leon Biddy (licensed engineer) be appointed to the Plumbing and Mechanical Board of Adjustments and Appeals for a term to expire December 31, 1989. Motion seconded by Councilor Barenberg, and carried unanimously. Moved by Councilor Kirkham that Howard Morris (mechanical contractor) be appointed to the Plumbing and Mechanical Board of Adjustments and Appeals for a term to expire December 31, 1989. Motion seconded by Councilor Lam, and carried unanimously. Moved by Councilor Kirkham that Bill Rowland (home building industry) be appointed to the Plumbing and Mechanical Board of Adjustments and Appeals for a term to expire December 31, 1989. Motion seconded by Councilor Lam, and carried unanimously. Moved by Councilor Kirkham that Bud Burch (Lone Star Gas Company) be appointed to the Plumbing and Mechanical Board of Adjustments and Appeals for a term to expire December 31, 1990. Motion seconded by Councilor Lam, and carried unanimously. Moved by Councilor Kirkham that Truman Davis (citizen at- large) be appointed to the Plumbing and Mechanical Board of Adjustments and Appeals for a term to expire December 31, 1990. Motion seconded by Councilor Lam, and carried unanimously. 245 Item 14h i Moved by Councilor Kirkham that Lyn Goodgion be appointed to the Library Advisory Board (replacing John Grimes) for a term to expire July 1, 1991. Motion seconded by Councilor Buffum, and carried unanimously. Item 14i Moved by Councilor Kirkham that the following members be appointed to the Census Task Force. a. Warren Silver, Chairman b. Carol Wagner C. Harvey McMurry d. Michael Smith e. Ola White f. Gary Norris g. Bob Reed h. Craig Wilson i. Billy Delaney j . Delphina Martinez Motion seconded by Councilor Farabee, and carried unanimously. Item 14j Moved by Councilor Kirkham that M. E. McBride and Frank Yeager be reappointed to the Wichita County-City of Wichita Falls Hospital Board for terms to expire April 1 , 1991. Motion seconded by Councilor Barenberg, and carried unanimously. The City Council adjourned at 2: 25 P.M. i - PASSED AND APPROVED this the ' 11-, day of 1989. Perry GodTsby, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk