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Min 06/20/1989 246 Wichita Falls, Texas Memorial Auditorium Building June 20, 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 Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Robert Barenberg Absent The invocation was given by Jerry Hodges, Western Hills Baptist Church. Item 3 Moved by Councilor Kirkham that minutes of the meeting held June 6, 1989, be approved. Motion seconded by Councilor Buffum, and carried unanimously. Items 4a-5h Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by Councilor Kirkham. Item 4a RESOLUTION NO. 94-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ROBERT L. HERRON TO PERMIT THE OPERATION OF THE CONCESSION BUILDING IN WILLIAMS PARK JUNE 20-NOVEMBER 30, 1989 Moved by Councilor Farabee that Resolution No. 94-89 be passed. Motion seconded by Councilor Lam, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None 247 Item 5 Minutes of the meetings of the following boards and commissions were received. Councilor Kirkham suggested that the last word in Paragraph 4 of the Civil Service Commission be changed from "argument" to "agreement" . a. Traffic Safety Commission - May 3 , 1989 b. Zoning Board of Adjustment - May 17, 1989 C. Landmark Commission - May 18 , 1989 d. Civil Service Commission - May 31, 1989 e. Mayor' s Commission on Status of Women - June 1 , 1989 f. Kemp Public Library Planning Committee - June 1 , 1989 g. Arts Commission - June 5, 1989 h. Commission for Disabled Persons - June 5 , 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 6a A proposed ordinance was presented waiving Ordinance No. 20-85 to allow the sale of food and drinks at 2206 Ninth Street by the Rebekah Lodge No. 236 without payment of permit fee. A motion was made by Councilor Thompson, for discussion, and seconded by Councilor Buffum. Mary Ann Cherry, from Wichita Rebekah Lodge, explained that they requested this because they are a non-profit organization, and trying to help others. She stated they are all volunteer workers in their kitchen. They are fraternal. The Odd Fellows were the first to come up with taking care of the sick, orphans, etc. They have a childrens ' home, retirement home, and are building a larger nursing facility. They are open to not only their members, but others in the state. They help local charitable organizations. The Rebekah Hall at 2206 Ninth Street is open to the public one day a month. She stated they had made no effort to raise money for the fee from the community. Mr. Edmondson explained the purpose of the permit fee is to pay for the cost of inspections required for this service. He stated that they have other non-profit organizations who pay these fees, and he named several of them, including the City of Wichita Falls. Their concern is that if one pays it, they all should. It is a yearly permit. Councilor Kirkham asked about the First Baptist Church, and Mr. Edmondson stated they do not pay the permit fee, along with several others he named. He noted that this was brought up by Dr. Cox in the past, but there seemed not to be the same interest in enforcement. The Council directed that enforcement of this be made on those not paying the permit fee. The motion failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Item 6b A proposed ordinance was presented waiving Section 27-29 of the Code of Ordinances with respect to placing a sidewalk along the West line of Lot 7, Block 5, Vista Heights Addition. A motion was made by Councilor Kirkham, and seconded by Councilor Lam, for passage of the ordinance. i 248 I Item 6b Cont'd Councilor Buffum noted that he did not remember a case where a sidewalk has been waived by Planning and Zoning. Mr. McKinney explained this goes before the Council, and not Planning & Zoning. City Engineer Bill Parker stated that fifty percent of the commercial property has sidewalk in that area, but none of the residential. It is in an older part of town. The motion failed by the following vote. Ayes: Councilor Lam Nays: Mayor Goolsby, Councilors Farabee, Thompson, Buffum, and Kirkham Item 7a RESOLUTION NO. 95-89 RESOLUTION APPROVING THE APPOINTMENT OF A COMMITTEE TO RECOMMEND A LIBRARY ARCHITECT Moved by Councilor Thompson that Resolution No. 95-89 be passed. Motion seconded by Councilor Kirkham. Jim Snowden, Library Board Chairman, requested approval of the resolution to appoint a committee to recommend a library architect. Councilor Buffum clarified funding due to certain library positions not being filled at the library. Miss Houseworth stated they have tried very hard to fill these positions, but have been unsuccessful. They are having a hard time recruiting librarians due to salary and shortage of librarians. Councilor Buffum also questioned the way the architect is being selected. Mr. Berzina stated the committee would only recommend. The Council will select. Moved by Councilor Buffum that the resolution be amended to change the word "select" to "recommend" throughout the resolution. Motion seconded by Councilor Kirkham. Councilor Thompson expressed concern about the over-all cost. Even though he will vote for this does not mean that he will blindly accept the recommendations. Mr. Berzina explained that the Council will have complete information. The amendment carried by the following vote. ' Ayes: Mayor Goolsby, Councilors Lam, Thompson, Buffum, and Kirkham Nays: Councilor Farabee The motion for passage of Resolution No. 95-89, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None 249 Item 7b RESOLUTION NO. 96-89 A RESOLUTION CALLING PUBLIC HEARINGS ON ANNEXATION PROCEEDINGS Moved by Councilor Buffum that Resolution No. 96-89 be passed. Motion seconded by Councilor Kirkham. Councilor Buffum asked about the proposed annexation in the areas of Anchor, Turtle Creek, Barnett, and Whispering Creek Roads. Mr. McKinney stated they have had requests for water in the Turtle Creek area, and a 24-inch water line has been constructed through that area. He believes when it is feasible, the annexation process should be used. He further explained this is the first step in the annexation process. Only after public hearings have been held and the ordinance adopted would these areas be annexed. They are also looking at a water sales policy. This will be a Council decision. Mr. Berzina stated they are trying to approach this from both angles, stating they will have some input from the Texas Water Commission. He noted that we may have some change in the way we do business in extending water outside the city limits. Mayor Goolsby and Councilor Kirkham expressed concern that we look at it, and decide whether we can provide the services if we annex it. Mr. McKinney explained they will provide a service plan, and the cost of providing that service. The Council will have the information to make the decision. They would also look at under what conditions we could provide water if they are not annexed. It will all be in one package. Mr. McKinney stated they are trying to address this as expeditiously as possible, and called attention to the scheduled dates in the council agenda. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 7c RESOLUTION NO. 97-89 RESOLUTION SUPPORTING THE BOARD OF COMMERCE AND INDUSTRY'S EFFORTS TO SECURE A MAXIMUM SECURITY PRISON FOR THE WICHITA FALLS AREA Moved by Councilor Lam that Resolution No. 97-89 be passed. Motion seconded by Councilor Farabee. M. C. McGee, 2715 Elmwood, represented the BCI , stating the results of their investigations were very encouraging, and the Board announced they would vote to proceed with the project. It would provide a construction budget of sixty million dollars. It would provide 800 new jobs, and 512 non- prison jobs. It is a recession proof industry. They found no evidence of increased crime rate due to location of a facility. We have highways and airport access, along with required medical and educational facilities. The Texas Department of Corrections has a good record for security. The TDC request for proposals is a very demanding document to even 250 Item 7c Cont'd be considered. It is the collective opinion of the BCI that this industry would be good for the city. On June 12, 1989, the County Commissioners passed a resolution supporting this facility, and he requested that the City also approve this resolution. William Young, 1018 Widows Lane, suggested that the resolution be changed to read "for the Wichita Falls area" , as opposed to "in Wichita Falls" . Moved by Councilor Buffum that the resolution heading be amended to read "for the Wichita Falls area" . Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Kirkham that the body of the resolution be amended to read "area" instead of "city" , where appropriate. Motion seconded by Councilor Farabee, and carried unanimously. Mrs. Sue Henson, 4501 Bonny Drive, stated that she thinks it is an erroneous assumption to make that there has been no evidence of increased crime. They feel that the security effort is based on the fact that their other locations are not located close to a city the size of Wichita Falls. The issue of site location was of concern to the County Commissioners, and felt that the proposed site should be moved. She requested that the City Council abstain from this support unless the location is changed. Mrs. Giola Ozuna supported the site for the prison, stating terrain has a lot to do with the site selection. All facts must be considered. The BCI has studied eleven sites, and this is the one they felt best. Annette Odom, 5213 Brookwood, suggested that the City Council perhaps should not even vote on it since it is not in the city limits. She stated that a prison located in the County would be highly visible at night. She expressed concern about some of the visitors who would be friends of these inmates, noting the possibility of prostitutes coming. She expressed concern about their neighborhood, and other businesses that might locate nearby. Jim Henson, 4501 Bonny Drive, stated that he supports the growth of technological industries in Wichita Falls, and that he is an artist and an educator. He stated that he personally supports an attempt to bring the prison industry into the county, but others do not. He supports an effort to move it to another location. Hatton Road Baptist Church is concerned that their area will be a constant daylight area. One time they were told to address their petitions to the BCI . Another time they were told to address their concerns to TDC. He requested the Council to abstain from voting on this resolution. He stated that a number of promises have been made by the BCI. They are afraid they will be hotels, motels, liquor stores, mini marts, etc. He stated that TDC is a tax exempt agency. It would not broaden the tax base. It might have support if it were located five or ten miles outside the city limits. City Attorney H. P. Hodge explained that the Council cannot abstain from voting on this. Mr. Henson suggested they all vote no. 251 Item 7c Cont'd Mayor Goolsby noted that Huntsville prison is in the city limits. Councilor Buffum stated he has heard a lot of things, and has wrestled with this matter. He stated his decision will be based on planning and zoning considerations because he knows the economic benefits are there. He noted that the purpose of the Zoning Ordinance is to promote health and general welfare in our city, and his consideration will be based on preserving the integrity of the single family neighborhood. Councilor Thompson stated that his vote will be made on what he feels is best for the City of Wichita Falls, noting that he is concerned about the drainage of young people moving to other towns. His district wants to move forward. Councilor Kirkham expressed great concern for preservation of neighborhoods. He also has a strong desire to help the Wichita Falls area to progress and make it a better place to live. He attended a rodeo at Huntsville. He never concerned himself with what effect it had on the economy until now. BCI should consider and recommend a site that would cause the least disruption to the neighborhoods. He stated he has had more favorable input in locating a prison here than those against it. Councilor Farabee explained that he will base his decision on what he feels is best for the City of Wichita Falls as a whole. Mayor Goolsby stated that he had some concerns about this when the concept first appeared. He called officials in various cities, and found that his concerns were not as great as he first felt. He visited with the State Representative in Huntsville, and he truly believes it will be a stimulant to this area. He emphasized that Seven-Eleven Stores, liquor stores, and fast food businesses are all over town. He would vote against it if he thought even one prisoner would harm a little child. He believes this and the Sheppard Air Force Base expansion will be the biggest boom here since the oil boom. He wants to do what is best for the city. The motion for passage of the resolution, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, and Kirkham Nays: Councilor Buffum Item 7d RESOLUTION NO. 98-89 RESOLUTION CONDEMNING OPPRESSIVE ACTION TAKEN BY CHINESE GOVERNMENT AGAINST UNARMED STUDENTS IN DEMONSTRATIONS IN BEIJING Moved by Councilor Thompson that Resolution No. 98-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. 252 Item 7d Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None f The City Council recessed at 10: 10 A.M. , and reconvened at 10: 25 A.M. Item 8a Discussion was held on proposed refuse rate adjustments. Mr. Berzina discussed the procedure followed for this study. Mayor Goolsby clarified that there is built in a program to start recycling. Mr. Dockery discussed budget requirements. Councilor Buffum presented an overview of the three proposals. A lengthy discussion followed between various council members and staff on the amount of money generated under each proposal. John Barnes, 2944 5th Street, stated that the rental properties owners requested that the inequity be changed. They would gladly pay the commercial rate. He favored Proposal Number 2. Mayor Goolsby asked Mr. Dockery to provide information at the next meeting on the balance in the enterprise fund at the beginning of 1988, 1989, and what it is now. Betty Butler, Manager of Sunrise Mobile Home Park, favored Proposal Number 2, but could live with Proposal Number 3 . She requested action on July 6 , 1989. William Young, 1018 Widows Lane, felt he could pay fifty cents more, but does not think $1. 35 more would be equitable. Nathan Brown, 2403 9th Street, suggested that each user category should pay for the cost of service which they receive. He endorsed Proposal Number 2. He also addressed a prison location, stating that rental or lease tenants are not second class citizens. Giola Ozuna supported her landlord. She also suggested a task force on ethics. Mr. Dockery asked for direction from the Council. Councilor Lam favored Proposal Number 2. Councilor Buffum favored bringing apartment owners and mobile homes to the commercial rate. He likes Proposal No. 3 on landfill and transfer station charges. Make carry-out trash charges 100 percent of the cost. Councilor Farabee suggested a combination of Proposals 2 and 3 in one ordinance. Councilor Kirkham leans toward Proposal 2. He does not favor any charge to Wichita Falls residents for dumping at the transfer station or landfill. He favors recycling, and Proposal 2, with modifications. Councilor Thompson suggested that residential rates be raised to $7. 50, with commercial rates for apartments and mobile homes, and charge the County, State, and schools at the transfer station and landfill. Mayor Goolsby suggested they go to $7. 50 for residential, leave the commercial where it is, and bring mobile homes and apartment complexes to the commercial rate, if possible. 253 Item 8a Cont'd Mayor Goolsby left the council table momentarily, and Mayor Pro tem Kirkham suggested that Mr. Dockery bring this back to the Council at the next meeting. No one appeared under Item 8b. Item 8c Councilor Thompson mentioned the condition of bridges on East Side Drive, Scott Street, and Jacksboro Highway. City Engineer Bill Parker stated that the Highway Department should be attempting to make the corrections today, which should not take more than a few days. Scott Street will remain at two lanes until the contractor work has been completed. The new project engineer for the Corps is working with the contractor. Some contaminated concrete was discovered, and the fix will be permanent. Councilor Thompson requested that the staff look into the possibility of an ordinance that would deny crack houses the use of city water and other services. City Attorney H. P. Hodge explained that they would very carefully need to check this situation, and they will look right into it. Councilor Kirkham mentioned various concerns regarding ditches and drainage areas that are washing private property away. Mr. Berzina explained that they have stayed out of the problem if it is truly private. In one situation the City obtained easements to provide the drainage. The solutions to situations like this are very expensive. Where it is strictly easements, they have maintained it as such. Councilor Kirkham noted that part of Plum Creek from the North into Sunset Terrace is becoming a large problem. It is on private property. Mayor Goolsby understands that once the City gets in there and does something about the flow, then it is our responsibility. Mr. Hodge agreed that the City has the obligation to maintain these facilities if we have built a drainage facility. Councilor Kirkham mentioned use of the water bill as a means to advertise for applicants for boards and commissions, or other uses. Councilor Buffum commented that it was used for advertising the prison forums. Mr. Berzina stated that these things come to him for approval. We use it just for a city vehicle or project. It is used for some kind of message about once a month. Councilor Buffum asked about the results of the Century City tax sale, and the revenue brought into the city. Mr. Werner stated he had received a preliminary tally of $55 ,000, however, they will have some expenses from this. The tax obligation is about $50,000. He feels they will recover all costs. Councilor Buffum stated that funding on McGrath Creek has been approved by a Committee. This is the first positive step. Councilor Kirkham also noted debris in McGrath Creek from Taft back. Mayor Goolsby asked about progress on the riverwalk trail to O'Reilly Park. Bill Parker, City Engineer, stated they need to purchase one more piece of property. i 254 Item 8c Cont'd Mayor Goolsby also noted that Council members and key city people will be going to Lawton on June 28 to make a public relations visit. He believes it will be worthwhile in our relationship with Lawton. He also announced that the next Council meeting will be on July 6, rather than July 4. Item 8d Councilor Thompson asked, in reference to TIF, about a proposal to develop a coliseum on the river? Mayor Goolsby and Mr. Berzina explained that the emphasis is on developing a water theme park. Jeanie Thompson stated that proposals are due on July 15 , 1989. Item 8e The City Council recessed into executive session at 11: 55 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 2: 35 P.M. Item 8f Moved by Councilor Kirkham that the following be appointed to the Library Architect Committee. a. Ron Buffum, Chairman b. Robert Barenberg C. David Farabee d. Jim Snowden e. Chuck Dennis f. Louise Houseworth Motion seconded by Councilor Thompson, and carried unanimously. Item 8g Moved by Councilor Kirkham that Robbie Masters and Beverly Singleton be reappointed to the Library Advisory Board, and that Susan Campbell be appointed to the Library Advisory Board (replacing Thomas Pipes) , for terms to expire June 30, 1992 . Motion seconded by Councilor Farabee, and carried unanimously. Item 8h Moved by Councilor Kirkham that William C. Young be appointed to the Commission for Disabled Persons (replacing Chris Commiato) , for a term to expire May 31, 1991. Motion seconded by Councilor Buffum, and carried unanimously. Item 8i Moved by Councilor Kirkham that John E. Perryman be appointed to the Commission on Aging, for a term to expire May 31 , 1991. Motion seconded by Councilor Thompson, and carried unanimously. 255 Item 8j Mayor Goolsby reappointed Joel Jimenez, Clinton Tittsworth, and Randy Holley to the Housing Authority Board, for terms to expire July 1, 1991. The City Council adjourned at 2 : 38 P.M. PASSED AND APPROVED this the 6-1-YXc-1 day of 1989. Perry oolsby, M or ATTEST: Wilma J. Th mas, CMC/AAE City Clerk