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Min 07/18/1989 1 266 Wichita Falls, Texas Memorial Auditorium Building July 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 David Farabee Michael Lam Angus Thompson Councilors Robert Barenberg Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Cindy L. Crosley Assistant City Clerk Wilma J. Thomas Absent The invocation was given by Mark Irons, Park Place Christian Church. Item 3 Moved by Councilor Kirkham that minutes of the meeting held July 6, 1989, be approved. Motion seconded by Councilor Barenberg. Councilor Kirkham corrected Item 9f. The minutes state the motion for Option One failed, but the vote indicates it passed. The ayes and nays should be reversed to reflect that the motion failed. The motion for approval of the minutes, as corrected, carried unanimously. Items 4a-8d Item 8d was moved to the regular agenda. Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Barenberg. Item 4a ORDINANCE NO. 44-89 ORDINANCE WAIVING SECTION 22-1(a) ( 9) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT THE POSTING OF ADVERTISING SIGNS AND THE POSSESSION AND CONSUMPTION OF BEER, AND AUTHORIZING THE TEMPORARY SALE OF BEER, IN JAYCEE PARK OCTOBER 14, 1989 FOR A RUNNING EVENT MANAGED BY THE WICHITA FALLS RUNNERS CLUB. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None 267 Item 5a RESOLUTION NO. 107-89 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a The bid for the City' s estimated annual radio maintenance contract was awarded to Bob' s Communication Service in the amount of $63 ,496.00. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6b RESOLUTION NO. 108-89 RESOLUTION TO APPROVE AWARD OF BIDS TO VARIOUS VENDORS FOR CHEMICALS FOR WATER TREATMENT Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6c The bid for the City' s estimated annual linen service was awarded to Flake Industrial in the amount of $10,680. 02. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7a RESOLUTION NO. 109-89 RESOLUTION TO APPROVE CHANGE ORDER FOR SOUTHWEST DRAINAGE BASIN 24" SANITARY SEWER TRUNK MAIN PROJECT, ACCEPT THE PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7b RESOLUTION NO. 110-89 RESOLUTION TO ACCEPT THE BERT-SOUTHMOOR DRAINAGE PROJECT AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR i 268 Item 7b Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7c RESOLUTION NO. 111-89 RESOLUTION TO ACCEPT THE CDBG RED DOOR SENIOR CITIZENS PARKING LOT REPAIR PROJECT AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Items 8a-c Minutes of the meetings of the following boards and commissions were received. IIII, a. Civil Service Commission - July 5, 1989 b. Wichita Falls-Wichita County Public Health Board - June 23 , 1989 C. Human Relations Commission - June 27, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8d Moved by Councilor Barenberg that minutes of the joint meeting of the Board of Directors of Reinvestment Zone No. 1, and the Park Board held July 12, 1989, be received. Motion seconded by Councilor Kirkham. Councilor Kirkham mentioned the walking tour of the future River Trail from O'Reilly Park to the Falls. He said this will be an excellent addition to the trail system. Discussion was held on the proposed trail in the Lamar Street area. Councilor Kirkham suggested having a turnaround at the end of the trail, as opposed to two trails. The motion carried unanimously. Item 9a The public hearing was opened on the proposed statement of community development objectives and proposed use of funds under the Housing and Community Development Act of 1974, as amended. Gary Hopkins, 1800 Pearl, appeared as President of the Southland Addition Homeowner' s Association. He distributed information to the Council which explains the Association' s plans to develop a mini park at the corner of Harrison and Collins Streets. He requested funds in the amount of $5,150 to complete Phase II of this project.- Phase I should be complete in the fall of 1989, and has been funded by the Southland Association. 269 Item 9a Cont'd Councilor Buffum asked if the proposed area was actually located within the CDBG area to qualify for funding. Bob Henderson verified that it was, but stated he has some concerns since the property is privately owned. Councilor Buffum asked if the property owner would be willing to donate the land to the City. Mr. Hopkins said it could be considered. Mr. Berzina asked if the Southland Addition Homeowner' s Association would provide maintenance on the park if they retained ownership. Mr. Hopkins said yearly maintenance was included in their plan at 30 man hours, to be provided by neighborhood residents. Giola Ozuna appeared and asked the Council to deny this request. She stated that if the property had a privacy fence around it, it would cause problems for the neighborhood crime watch patrols. The public hearing was closed. Item 10a ORDINANCE NO. 45-89 AN ORDINANCE REZONING 2200 HARRISON STREET ( .884 AC. TRACT OUT OF ABST. 281 S-P) , WICHITA FALLS, TEXAS FROM MULTI-FAMILY RESIDENTIAL ZONE TO LIMITED OFFICE ZONE Moved by Councilor Buffum that Ordinance No. 45-89 be passed. Motion seconded by Councilor Barenberg. Councilor Thompson commented that he felt this area was worth protecting. Councilor Buffum stated that the opposition to this rezoning was because of what it would lead to in the future. Roger McKinney stated that this property would require a conditional use permit, because the structure is more than 1200 square feet. The only possible uses in a limited office zone, with a conditional use permit, would be for religious assembly, medical offices, or other professional offices. Councilor Barenberg commented that the present zoning of Multi-Family Residential could be more damaging to the area than if it were rezoned to Limited Office. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham ` Nays: None Item 10b ORDINANCE NO. 46-89 AN ORDINANCE REZONING LOT 16A, W 1/2 17, & 18, BLOCK A, RAY MASSIE ADDITION, WICHITA FALLS, TEXAS, FROM SINGLE-FAMILY RESIDENTIAL ZONE TO GENERAL COMMERCIAL ZONE i 270 Item 10b Cont'd Moved by Councilor Kirkham that Ordinance No. 46-89 be passed. Motion seconded by Councilor Lam. Charles Harper appeared as the architect representing Marvin McBride. He stated that this rezoning is needed to provide additional parking space for a proposed restaurant at this location. Mayor Goolsby commended the McBride ' s on what they have done for our city. William Young, 1018 Widows Lane, questioned the availability of handicap parking at this new facility. He was assured that handicap spaces would be required. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lla RESOLUTION NO. 112-89 A RESOLUTION ADOPTING A POLICY ON SALE OF WATER SERVICE OUTSIDE THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS Moved by Councilor Thompson that Resolution No. 112-89 be passed. Motion seconded by Councilor Buffum. Douglas Rathgeber appeared, on behalf of his mother, and questioned which areas water would be allowed in and how far outside the city limits the water service would extend. Mr. Berzina explained three options that would be considered to provide water to customers outside the city limits. Mayor Goolsby commented that the City is adopting this policy in support of the Texas Water Commission' s decision that all residents in Texas are entitled to water service. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item llb RESOLUTION NO. 113-89 RESOLUTION SUPPORTING THE APPLICATION SUBMITTED BY THE BOARD OF COMMERCE AND INDUSTRY TO THE TEXAS DEPARTMENT OF CORRECTIONS TO LOCATE A PRISON IN THE WICHITA FALLS AREA AND AGREE TO PROVIDE FIRE PROTECTION AND EXTEND WATER AND SEWER LINES TO THE PROPOSED SITE 271 Item llb Cont'd Moved by Councilor Barenberg that Resolution No. 113-89 be passed. Motion seconded by Councilor Thompson. Annette Odom, 5213 Brookwood, appeared and questioned the cost of extending water and sewer service for the proposed prison. She felt the Council should take an opinion poll to see how the citizens felt about spending tax dollars on the proposed prison. Discussion followed on the projected costs and the possibility of using equity funds from the water and sewer accounts. It was also suggested that the City ask area cities and counties to make a contribution to this project. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item llc A proposed resolution was presented waiving the return check fee of $10. 00 for Utility Collection on account number 17-085-25421-9. A motion was made by Councilor Kirkham, and seconded by Councilor Thompson, for its passage. The motion failed by the following vote. Ayes: Councilor Barenberg Nays: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Item 12a RESOLUTION NO. 114-89 RESOLUTION TO AWARD BID TO UTILITY CONTRACTORS OF AMERICA, INC. FOR CONSTRUCTION OF THE 1988-89 BUDGET UTILITY IMPROVEMENTS PROJECT Moved by Councilor Barenberg that Resolution No. 114-89 be passed. Motion seconded by Councilor Buffum. Alton Walker, 2725 Byrne Place, appeared representing Opex, Inc. Mr. Walker asked the Council to reconsider the bids and award the bid to a local contractor. He pointed out " the difference in the two bids was only $345. He felt the City could recover this cost if they awarded it to the local bidder. City Attorney H. P. Hodge explained that State law requires any bids be awarded to the lowest responsible bidder. Legally there is no way the City could change this and go with a higher bid. Giola Ozuna appeared and asked about additional costs above the original bid price. Mr. Berzina and other council members explained the change order procedure, which is possible on any bid project. i 272 Item 12a Cont'd The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12b RESOLUTION NO. 115-89 RESOLUTION TO AWARD BID FOR INSTALLATION OF ROOF AT JASPER STREET WATER TREATMENT PLANT Moved by Councilor Buffum that Resolution No. 115-89 be passed. Motion seconded by Councilor Thompson. Hurshel Kincaid, of the Marta Company, commented about the City' s procedure on awarding bids. 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: 55 A.M. , and reconvened at 10: 10 A.M. Item 13a Troy Stewart, 1000 Cedar, addressed the Council regarding damage to a private drive on his property. The Street department removed the black top pavement from this drive and replaced it with gravel. The drive is on a steep incline, and when it rains, all the gravel settles at the bottom of the hill. This drive is used by the Sanitation department to empty a garbage container on the property. Mr. Stewart asked that the Street department repair the pavement. Mr. Bonnett informed the Council that it is the property owners responsibility to maintain drives and roadways used for trash pickup. Mr. Hodge discussed the legal aspects of the City repairing this roadway on private property. The Council instructed staff to look into this matter and place it on the next agenda. Stan Grider, 2747 Roanoke, appeared and asked the Council to reconsider the gift of Lynwood Lake from Robert Seabury. Mr. Grider strongly favors this area being turned into a neighborhood park. He mentioned a letter of support containing 600 signatures from residents in this area. Councilor Thompson stated his support for this item. 273 Item 13a Cont'd Councilor Kirkham stated his concern over the actual amount of land needed to turn this into a park. If this gift is only the lake and not any additional land, he feels we should not accept it. Mr. Berzina suggested Mr. Grider talk to Jack Murphy, Parks Director, and find out how much land would be needed for a park at this location. William Young, 1018 Widows Lane, asked about the cost of replacing a meter box on his street. Mr. Bonnett will meet with Mr. Young on this matter. Mr. Young also expressed his concern over the closed Scott Street bridge. Mayor Goolsby informed him that the City is doing all they can to ensure the bridge is repaired safely. Item 13b Councilor Buffum asked Mr. Bonnett to update the Council on the Bert-Southmoor project. Mr. Bonnett mentioned a memo that was to be distributed to the Council today. This memo contains the information on the Bert-Southmoor project. Councilor Thompson discussed the memo from Jeanie Thompson on crack houses. Ms. Thompson explained to the Council that she has sent letters to other cities, requesting information on how they deal with crack houses. From the responses she has received, she learned that utilities can be shut off at these houses, but only after an arrest and convictions are made. This is going to require a combined effort from the City Attorney' s office, Police department, Code Enforcement, and the District Attorney' s office. Councilor Thompson thanked Bob Parker and the State Highway department for the installation of lights on the Emmanuel Davis overpass. Councilor Kirkham addressed the previous Corps of Engineers study on the Plum Creek project. He asked if we intended for them to do further studies, and if the deadline for this had passed. Mr. Berzina informed him that funds for additional studies would be reflected in the FY 1989-90 budget. Councilor Kirkham stated he has had several complaints on Ordinance No. 45-88 , which deals with outside storage areas. Roger McKinney mentioned some areas which had been cleaned up since this ordinance went into effect. There are many areas that are exempt from this ordinance. Councilor Kirkham mentioned one location in particular on Burk Road, near Sheppard' s main gate. Supposedly someone has a used car lot, but it is questionable whether any cars have been sold in the last several years. Mr. McKinney said he would check on this particular problem. Councilor Farabee asked if any RFP' s were received on the proposed water theme park. Jeanie Thompson confirmed that none had been received. She said some park owners commented that the timing was bad, with most parks just opening for the season. 274 Item 13b Cont'd Councilor Farabee also asked about the fee for Health permits. Tom Edmondson said he was awaiting direction from the Council. He has a memo to be distributed which contains information on these permit fees. Councilor Barenberg asked about traffic signals being installed on Kell at FM 369 and also Barnett Road. Bob Parker confirmed these were State projects. Councilor Barenberg mentioned excessive litter on Southwest Parkway. He also asked Roger McKinney about buffer zones in the Southwest Parkway and Allendale Road area. Councilor Buffum commented that the RFP for the architect for the library has been completed. The RFP has been sent to about 70 architects in the state. A copy can be obtained from Louise Houseworth, Assistant City Manager. He also commended Councilor Thompson on his continuing efforts to fight drugs in our city. Councilor Barenberg commended Louise Houseworth on the excellent job she did in completing the RFP for the library architect. Mayor Goolsby mentioned dates for budget workshops and public hearings. The first is scheduled to begin after the Council meeting on August 1. These workshops will continue August 2nd and 3rd until complete. Item 13c Mr. Berzina distributed a memo containing information on employee courtesy at the Landfill Station. He also handed out memos on the Monroe Street drainage and 9th Street drainage, and the Colonial Park pumps. Item 13d The City Council recessed into executive session at 11 : 30 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 1 :00 P.M. Item 13e Moved by Councilor Kirkham that Linda Burney be appointed to the Human Relations Commission, for a term to expire December 31, 1991. Motion seconded by Councilor Barenberg, and carried unanimously. Item 13f Moved by Councilor Kirkham that Dr. Art Beyer be appointed to the Water Resource Commission, for a term to expire September 30, 1991. Motion seconded by Councilor Farabee, and carried unanimously. 275 Item 13g RESOLUTION NO. 116-89 RESOLUTION APPROVING AGREEMENT WITH THE WICHITA VALLEY WATER SUPPLY CORPORATION CONCERNING ITS APPLICATION WITH THE TEXAS WATER COMMISSION TO EXTEND ITS CERTIFICATE OF CONVENIENCE AND NECESSITY Moved by Councilor Thompson that Resolution No. 116-89 be passed. Motion seconded by Councilor Buffum. Moved by Councilor Buffum to amend Item No. 2 by deleting the rest of the sentence after "East Lawn Cemetery" . Motion seconded by Councilor Barenberg, and carried unanimously. The motion for passage of Resolution No. 116-89, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council adjourned at 1: 05 P.M. PASSED AND APPROVED this the day of , 1989. Perry G olsby, Ma r ATTEST: Wilma J. Thomas, CMC/AAE City Clerk