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Min 08/01/1989 276 Wichita Falls, Texas Memorial Auditorium Building August 1, 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 a Robert Barenberg Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge Acting City Attorney Wilma J. Thomas City Clerk The invocation was given by Isaac Butterworth, First Presbyterian Church. Item 3 Mark Cook, a Police Department employee, was honored as Employee of the Month for August. Mayor Goolsby presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Bobby Evans, and an associate from Maskat Temple, were presented a proclamation by Mayor Goolsby for Oil Bowl Week. Item 4 Moved by Councilor Thompson that minutes of the meeting held July 18, 1989, be approved. Motion seconded by Councilor Buffum, and carried unanimously. Items 5a-7f Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Barenberg. Item 5a ORDINANCE NO. 47-89 ORDINANCE WAIVING SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT THE SALE, POSSESSION AND CONSUMPTION OF BEER IN LUCY PARK ON SEPTEMBER 10, 1989, DURING THE 13TH ANNUAL CHICANO DAY IN THE PARK, AND ALLOWING THE AMERICAN G.I. FORUM TO CHARGE A $2. 00 ADMISSION FEE TO THIS EVENT Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None 277 Item 6a RESOLUTION NO. 117-89 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE BRIDWELL PARK TRAIL PROJECT Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6b RESOLUTION NO. 118-89 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE CDBG LYNWOOD EAST PARK TRAIL PROJECT Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6c RESOLUTION NO. 119-89 RESOLUTION TO ACCEPT THE 1989 STREET REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6d RESOLUTION NO. 120-89 RESOLUTION TO ACCEPT PROJECT TO INSTALL PIPING FOR THE 5 MG CONCRETE STORAGE TANK AT CYPRESS STREET WATER TREATMENT PLANT Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6e RESOLUTION NO. 121-89 RESOLUTION TO ACCEPT THE MUNICIPAL COURT ANNEX PARKING LOT REPAIR PROJECT AND AUTHORIZE FINAL ` PAYMENT TO THE CONTRACTOR Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None i 278 Item 7 Minutes of the meetings of the following boards and commissions were received. a. Plumbing and Mechanical Board of Adjustments and Appeals - June 23 , 1989 b. Commission on Aging - July 5, 1989 C. Plumbing and Mechanical Board of Adjustments and Appeals - July 10, 1989 d. Planning and Zoning Commission - July 12, 1989 e. Board of Electrical Examiners - July 13 , 1989 f. Zoning Board of Adjustment - July 19, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8a A public hearing was opened on hazardous structures. Sam Cruse, 200 East Scott, stated this building has been in his family for a number of years, and that about twenty percent of this building is used by an employee. He requested that this portion be saved, stating it was an addition to the original building. Discussion was held concerning securing the building like they did at the old theatre on Flood Street. Jim King, of Code Enforcement, stated it cannot be secured with an employee working in it. A site plan is also required. Mr. Cruse stated that he is not in a financial position to do any labor on it, or secure an architect. Mr. King explained that we have a plan reviewer who does assist people from time to time on a site plan. The Council directed that the staff work with Mr. Cruse in the next 30 days on saving the twenty percent portion of the building, and the remainder of the building would be destroyed. The public hearing was closed. ORDINANCE NO. 48-89 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY Moved by Councilor Barenberg that Ordinance No. 48-89 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 279 Councilor Barenberg asked if the Flood Street theatre conditions have been met, and Mr. King replied that the only progress made is that it has been secured. He further explained that they have had some recent problems in that regard, however, and staff is preparing letters to send out to Mr. Brock. Councilor Barenberg requested this be placed on the next agenda because Mr. Brock has not met the prescribed conditions. Item 8b A public hearing was opened on proposed annexation of Rathgeber/Old Windthorst Road areas. Lloyd L. Cannedy, Route 2, Box 344, Wichita Falls, appeared on behalf of Mr. and Mrs. Frank Zaludek, stating this was a portion of a wheat field, and they have no need for any city services. This involves about eight acres of their total large tract. Mr. McKinney explained that the reason for including this land was to make sure the city limits is on both sides of the street. In terms of the tax burden, we are talking about $3 . 97. The public hearing was closed. A public hearing was opened on proposed annexation of Turtle Creek, Barnett, and Whispering Creek Road areas. Mayor Goolsby commented that because of a new ruling by the Texas Water Commission, all cities will be looking at the extraterritorial areas of their cities. The ruling stated that if the City was not prepared to give them water, then any other water company in the area could do so. The City can provide water through annexation or extending the line out for others to tie on. We have a new ordinance on a water policy. Bill Gowan appeared as Attorney representing most of the people who live on the 840 acre tract of land. He stated that over ninety percent do not wish to be annexed into the city limits. He presented a petition to Mr. McKinney from people not wishing annexation. He explained that a few families have City water, and the remainder are served by Wichita Valley Water Supply Corporation. Colonel Louise Marshall, a retired Air Force nurse, stated that she owns a business out there of training and breeding horses. She lives in Tanglewood Hollow. She explained that she believes she will have a large financial loss if the area is annexed. Even though she would probably be grandfathered, Mr. McKinney explained there might be some health conditions to be met. Tom Ataliotis stated he would go along with annexing his 105 acres if he would be able to get water. It is now used for pasture. Mayor Goolsby explained that water would be available to him. C. D. Rogers, 5207 Whispering Creek Lane, stated that he owns ten acres, and has city water. They have a two-inch water main, and installation of a fire hydrant was discussed, along with a sewer policy and fire protection. Mayor Goolsby explained that one of the problems we have is someone else coming in and laying water lines which are not compatible to the city' s lines. We would move as rapidly as possible to make the system compatible with ours. Mr. Bonnett explained the water policy of the City. i 280 Item 8b Cont'd Danny Huddleston, who lives on Turtle Creek Road, stated that his present facilities work well for him. He opposed the increase in taxes; and requested that this area not be annexed. J. C. Jennings, 5000 Whispering Creek Lane, stated he could not see any advantages of annexation except broadening the City' s tax base. Mayor Goolsby explained that because of the recent water ruling, we had to change the ordinance which prohibited us from supplying water outside the city limits. At some point in time, someone will come to us wanting water, and these hearings are being held to evaluate whether annexation is the right procedure, or extend water to them outside the city limits. The City will stand very strong, and not allow some other water entity to come in. After the two public hearings, it will be up to the Council to decide whether the area is annexed or not. He again explained the alternatives to provide water service. Councilor Barenberg commented that the long term economics is a history of the capital equipment of non-city water supply companies not being the same standard as the City. When the City puts in water we have to buy the non-standard equipment, and put in the City' s requirements. Mr. Berzina explained that the City periodically should look at whether the city' s boundaries should be extended. We should get it before it develops, to save costs. This area is likely some day to be a part of this city. We have to begin preparing for it now in order to save dollars. We have to look at this from a planning standpoint. Mr. Rogers noted that they are all satisfied with existing services, and there is no more land available on that street for development. Bruce Hardee complimented the Council on their interest in listening. Mr. McKinney discussed the service plan outlined in the ordinance. Mr. Gowan could not for the present time see any development occurring in this area because of the economy; however, development could start with additional industry, such as the proposed expansion of Sheppard Air Force Base, and possibly a prison. Carl Daniel commented that he did not know how an area could be developed if the land is not for sale. He knows of no property presently for sale except the 105 acres. The ten acres he owns has oil lines across it. Mayor Goolsby noted that another public hearing will be held on August 15, and their concerns will be taken into consideration. This public hearing was closed. The public hearing was re-opened on the Rathgeber/Windthorst Road area to accommodate someone who previously missed it. Bill Shepherd stated that he owns ten acres on Rathgeber Road. They want to come into the City to get water. He is concerned about costs. 281 Item 8b Cont'd Mayor Goolsby explained they would do everything humanly possible to provide water to them. Mr. Berzina explained there will be costs involved. City residents presently pay the same costs to get water. The developer pays the cost, and it is assessed in each lot purchase. It was pointed out that either within or outside city limits, if a person desires water, they will have to pay for the service, either to the City or to a water supply corporation, and the costs are about the same. A payment plan was mentioned, but Mr. Hodge explained that the staff does not have the authority to set it up. The City Council could set up some kind of plan, but not the staff. Mrs. Shirley Smith, who lives on Rathgeber Road, asked about the use of septic tanks and also about curb and gutter. Mr. McKinney explained those requirements. Mr. Bonnett explained that garbage service would be provided along the road. Councilor Buffum explained that the responsibility for the cost of bringing the water line from the city' s main will be borne by the residents. If Wichita Valley is in the area they will still have to pay for it. Mayor Goolsby noted this is an expense every citizen has to pay. Councilor Thompson requested that Mr. Berzina bring a proposal for paying on a time loan. Brenda Hunter, 5146 Old Windthorst Road, asked who pays for lines later on. Mr. Bonnett will work with the property owners to answer all their questions, and will provide information to them in writing. He suggested a meeting with them. The public hearing on annexation was closed. The City Council recessed at 10:40, and reconvened at 10: 57. Item 9a ORDINANCE NO. 49-89 ORDINANCE AMENDING SECTION 27-9 OF THE CODE OF ORDINANCES, PRESCRIBING THE FORM OF NOTICE TO PROPERTY OWNERS OR AGENTS OF DEFECTIVE SIDEWALKS, CURBS AND GUTTERS OR DRIVEWAYS AND REQUIRING THE REPAIR THEREOF Moved by Councilor Thompson that Ordinance No. 49-89 be passed. a. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None i 282 Item 10a RESOLUTION NO. 122-89 RESOLUTION APPROVING AGREEMENT WITH WICHITA VALLEY WATER SUPPLY CORPORATION CONCERNING ITS APPLICATION WITH THE TEXAS WATER COMMISSION TO EXTEND ITS CERTIFICATE OF CONVENIENCE AND NECESSITY; REPEALING RESOLUTION NO. 116-89 Moved by Councilor Barenberg that Resolution No. 122-89 i 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 10b RESOLUTION NO. 123-89 RESOLUTION AUTHORIZING CONVEYANCES TO TEXACO PIPELINE INC. OF PIPELINE EASEMENTS ON FIVE TRACTS, AUTHORIZING LICENSE TO CROSS PUBLIC RIGHTS-OF-WAY, AND AUTHORIZING GRANTING A LICENSE TO SUSPEND ITS PIPELINE ON A BRIDGE ON THE COUNTRY CLUB PREMISES, AS PART OF THE HOLLIDAY CREEK PROJECT Moved by Councilor Barenberg that Resolution No. 123-89 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 Item 10c RESOLUTION NO. 124-89 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE STATE OF TEXAS FOR CONSTRUCTION OF MAURINE STREET FROM INTERSTATE HIGHWAY 44 TO THE SHEPPARD ACCESS ROAD Moved by Councilor Thompson that Resolution No. 124-89 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 283 Item 10d RESOLUTION NO. 125-89 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING CONSULTING FIRM FOR PRELIMINARY ENGINEERING REPORT ON NORTH DRAINAGE BASIN SANITARY SEWER SYSTEM Moved by Councilor Lam that Resolution No. 125-89 be passed. Motion seconded by Councilor Kirkham. Councilor Buffum asked if this is the same item as is budgeted for 1989-90? Mr. Bonnett later informed him that it is the same project, but for different phases of it. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10e RESOLUTION NO. 126-89 RESOLUTION TO APPROVE AGREEMENT WITH RED RIVER AUTHORITY OF TEXAS AND WICHITA COUNTY WATER IMPROVEMENT DISTRICT #2 FOR LAKE KEMP WATER QUALITY STUDY Moved by Councilor Thompson that Resolution No. 126-89 be passed. Motion seconded by Councilor Buffum. Mayor Goolsby explained that this is an on-going project that has a tremendous possibility. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10f RESOLUTION NO. 127-89 RESOLUTION APPROVING CITY MANAGER'S SIGNATURE ON THE CERTIFICATION STATEMENT FOR INSTALLATION OF A WARNING SYSTEM AT THE INTERSECTION OF NORTH BROADWAY WITH THE BURLINGTON NORTHERN RAILROAD Moved by Councilor Kirkham that Resolution No. 127-89 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 I i 284 Item lOg RESOLUTION NO. 128-89 RESOLUTION AUTHORIZING CITY MANAGER TO CONTRACT WITH H. P. HODGE, JR. , UNTIL NEW CITY ATTORNEY IS APPOINTED AND QUALIFIED Moved by Councilor Farabee that Resolution No. 128-89 be passed, inserting the figure of $216. 72. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lla RESOLUTION NO. 129-89 AWARD OF BID TO ESTES CHEMICALS, INC. FOR THE 1989 ANNUAL SUPPLY OF MALATHION INSECTICIDE Moved by Councilor Buffum that Resolution No. 129-89 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 Item llb Moved by Councilor Barenberg that the bid for 43 ,000 pansies be awarded to Plantland Industries in the amount of $19,737, and the bid for 2,000 Dianthus be awarded to Dream Valley Farms in the amount of $940. Motion seconded by Councilor Farabee, and carried unanimously. Item 12a Discussion was held on the request of Troy Stewart regarding access and repair at 1000 Cedar. Mr. Bonnett suggested that if any action is taken that it not be an intermediate step; that it should be to obtain right-of-way first, and then construct appropriate access. There would be construction costs, plus right-of-way costs involved. Mr. Berzina emphasized that he believes this to be a private access, and we should require the owner to provide this access if they want garbage picked up away from the street. 285 Item 12a Cont'd Councilor Lam commented that after studying all the information available, he would lean toward the position that it is not the City' s responsibility. Councilor Thompson agreed. Troy Stewart stated that three years ago he was hit with $15 ,000 of taxes for this property. He stated that a woman in Austin owns the right-of-way. He stated that the City trespassed when they dug out his hill. Mayor Goolsby noted there is a work order that shows that Mr. Stewart requested it. There are many unknowns, and they want to do what is right for the taxpayers of this city. Mr. Stewart admitted that he possibly requested it. David Tracey, Street Superintendent, noted the history of this situation from 1983 forward. Mr. Bonnett pointed out that he suggested to Mr. Stewart in 1985 that the two property owners might get together and contact the owner, and try to work out something. Both these property owners take their access from it. The City Council expressed interest in pursuing what it would take to acquire the property for back taxes, and bring it back to them for consideration. Mr. Werner stated that $4 ,450 is owed in taxes. It could be put up for public auction. Councilor Lam did not believe the City would want it because it would then be private property of the City. He emphasized they should know we are not going to pave the right-of-way up there for one garbage bin. Item 12b Discussion was held of possible reallocation of CDBG funds to provide water lines on Eddie Lane. Mr. Berzina noted there were several houses on one meter. Each person involved would be required to tap on to the main if the City installed it. Councilor Thompson suggested these funds be used. Mr. Bonnett noted this expenditure would allow us to provide fire protection for six homes, and allow those homes to tie on to the water main. A public hearing should be set. Item 12c Lindsey Walker, 1411 Trout Street, explained that he is still working with the Economic Development Corporation; however, he has downscaled the project. He brought three young men working with him trying to enhance their situation. He stated that he has set up a lawn and garden service. He explained the purpose of this economic development approach, stating they are in a deteriorating situation. He stated they are also looking at the possibility of a laundromat, and he is looking at the need for $60,000 to $70,000. Mayor Goolsby commended Mr. Walker for his desire to do something for his community. James Williams, 828 Elwood, wished Mr. Hodge many more years in his retirement. Mr. Williams requested CDBG funds for Williams Park, stating they need tables, benches, and more parking area in the park. He handed out pictures to the Council of work which i 286 Item 12c Cont'd should be done in the park. He stated that he presented the deeds to the Council for this 39-acre park, which was donated by Mrs. E. P. Williams. Mayor Goolsby stated there will be a public hearing on CDBG funds. Mr. Berzina stated that there are some long range plans for improvements in Williams Park. Item 12d I Councilor Thompson commented that he had previously mentioned extending the TIF beyond O'Reilly Park. Councilor Barenberg requsted an agenda item at the next meeting changing the date of the first council meeting in September from the 5th to the 6th. Councilor Barenberg expressed concern about drug problems, and about the heavy weapons made available to people against the police. We should be prepared to compete to fight drugs. He mentioned an improvement in the retirement system for police, better munitions, and what we can do to help in the war on drugs. He made a plea to the citizens to bug the Council to do something about drugs. i Councilor Barenberg commented on Lake Wichita and it' s future. A major issue was the water level. He asked that this recreation resource be examined. Mayor Goolsby explained they have studied the effort made in 1984. It would be maintained at a certain level. If we had the money we would go out and dredge it. Mr. Berzina felt that a task force would be something we should look at. This lake is a very influential unit on whether we flood in this city. It is going to be virtually impossible to bring the level higher than 976 feet. If we are to have a future at this facility, there may be some opportunity to do some dredging after the lake is dry, but it will cost a lot of dollars. Perhaps this is something citizens should look at on a bond issue. Councilor Barenberg stated that he had in mind a commission composed of non-interest-vested people. Councilor Kirkham stated that if a commission is appointed, they should also consider Lake Arrowhead. Councilor Thompson also mentioned Lynwood Lake. No discussion was brought forth under Item 12e. Item 12f The City Council recessed into executive session at 12 : 30 P.M. , in accordance with Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 1: 40 P.M. Mayor Goolsby announced that as a result of the executive session, they have identified the five people that the Council will be interviewing for the position of City Attorney. They will begin interviewing these five people on Thursday afternoon. The names will be released at the end of the budget work session today. 287 The City Council adjourned at 1:/41 P.M. PASSED AND APPROVED this the day of 1989. t Perry Go lsby, Mayorf ATTEST: 4LI �yz lG Wilma J. Thomas, CMC/AAE City Clerk i 288 Wichita Falls, Texas Memorial Auditorium Building August 3 , 1989 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in called session on the above date in the Council Room of the Memorial Auditorium Building at 1: 00 O'clock P.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 Wilma J. Thomas City Clerk Mayor Goolsby called the meeting to order, and the Council immediately recessed into executive session according to Article 6252, Section 2(g) , of the Revised Civil Statutes, to interview and evaluate City Attorney applicants. The meeting reconvened at 5: 20 P.M. Moved by Councilor Kirkham that the appointment of a City Attorney be tabled until further information is obtained about the applicants. Motion seconded by Councilor Buffum, and carried unanimously. The meeting adjourned at 5: 21 P.M. J PASSED AND APPROVED this the day of 1989. Perry Goolsby, M yor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk