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Min 09/06/1989 303 Wichita Falls, Texas Memorial Auditorium Building September 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 I David Farabee - Michael Lam Angus Thompson Councilors Robert Barenberg Ron Buffum Don Kirkham James Berzina City Manager Gregory Humbach City Attorney Cindy L. Crosley Assistant City Clerk Wilma J. Thomas Absent The invocation was given by Dr. John Muir, First Christian Church. Item 3 Bobby Howard, a Fire Department employee, was honored as Employee of the Month for September. Mayor Goolsby presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Mayor Goolsby introduced Gregory Humbach as our new City Attorney. Mayor Goolsby welcomed Mr. Humbach. Item 4 Moved by Councilor Kirkham that minutes of the meeting held August 15, 1989, be approved. Motion seconded by Councilor Buffum, and carried unanimously. Items 5a-9j Items 5e and 9j were moved to the regular agenda. Moved by Councilor Barenberg that the consent agenda be approved. Motion seconded by Councilor Kirkham. Item 5a ORDINANCE NO. 55-89 ORDINANCE AMENDING ORDINANCE NO. 68-88 , CHANGING THE NAME OF THE COMMISSION FOR DISABLED PERSONS TO THE COMMISSION ON DISABILITY 304 Item 5a Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5b ORDINANCE NO. 56-89 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 1090-016-0000 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham m Nays: None Item 5c ORDINANCE NO. 57-89 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 5900-000-2547 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5d ORDINANCE NO. 58-89 AMENDING ORDINANCE NO. 44-89, JULY 18, 1989, TO INCLUDE WAIVING SECTION 22-1(a) ( 2 ) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES UPON THE GRASS IN JAYCEE PARK FOR THE WICHITA FALLS RUNNERS CLUB EVENT ON OCTOBER 14 , 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, and Kirkham Nays: Councilor Buffum Item 6a RESOLUTION NO. 137-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS TO RELOCATE UTILITIES 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. 138-89 RESOLUTION APPROVING AGREEMENT WITH TEXACO PIPELINE INC. FOR RELOCATION OF UTILITIES FOR PHASE II OF THE HOLLIDAY CREEK FLOOD CONTROL PROJECT 305 Item 6b Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6c RESOLUTION NO. 139-89 RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO ANNUAL MAINTENANCE CONTRACT WITH COMMAND DATA SYSTEMS FOR MAINTENANCE OF POLICE COMPUTER SOFTWARE Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6d RESOLUTION NO. 140-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 WITH THE FEDERAL AVIATION ADMINISTRATION FOR LEASE OF SPACE AT WICHITA FALLS MUNICIPAL AIRPORT Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6e RESOLUTION NO. 141-89 RESOLUTION ESTABLISHING THE CITY OF WICHITA FALLS PROCUREMENT POLICIES FOR PUBLIC TRANSPORTATION WHEN UTILIZING U. S. DEPARTMENT OF TRANSPORTATION FUNDS Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7a RESOLUTION NO. 142-89 RESOLUTION TO AWARD BID TO TONY'S CHEMICAL HOUSE FOR ANNUAL SUPPLY OF POLYMER FOR WATER TREATMENT Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8a A proposed resolution was presented accepting as complete the project to relocate sewer lines across Holliday Creek and authorize final payment to the contractor. 306 Item 8a Cont'd RESOLUTION NO. 143-89 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. Landmark Commission - July 20, 1989 b. Firemen' s and Policemen's Civil Service Commission - August 8, 1989 C. Board of Electrical Examiners - August 10, 1989 d. Human Relations Commission - August 22, 1989 e. Water Resource Commission - August 17, 1989 f. Kemp Public Library Advisory Board - July 25 , 1989 g. Traffic Safety Commission - June 7, 1989 h. Planning and Zoning Commission - August 9, 1989 i. Park Board - August 24, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5e ORDINANCE NO. 59-89 ORDINANCE WAIVING SECTION 22-1(a) (5 ) , SECTION 22-1(a) ( 8) , SECTION 22-1(a) (9) , AND SECTION 22-3 OF THE CODE OF ORDINANCES TO PERMIT ALL NIGHT SECURITY PERSONNEL, THE POSTING OF SIGNS, AND SALE OF FOOD AND DRINK IN JAYCEE PARK ON SEPTEMBER 8-9, 1989 FOR A WICHITA FALLS RADIO CONTROL CLUB EVENT Moved by Councilor Thompson that Ordinance No. 59-89 be passed. Motion seconded by Councilor Kirkham. Councilor Thompson questioned the need for security personnel and whether these would be armed security guards or police officers. Jack Murphy stated that they would probably be unarmed citizens who would patrol the area overnight to watch the planes and other equipment. The sponsoring organization did not discuss hiring police officers for security. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9j Moved by Councilor Buffum that minutes of the meeting of the Zoning Board of Adjustment, held August 16, 1989, be received. Motion seconded by Councilor Farabee. 307 Item 9j Cont'd Councilor Buffum questioned whether these minutes should be accepted since there was some concern in the Legal Department over the variance being allowed for an entire subdivision. Roger McKinney explained that the parcel in question is unique because of its irregular shape. The developer has some good ideas for it and he understood all the options available to him. Mr. McKinney stated the Planning Department has not received any notice of a challenge to this decision. City Attorney Gregory Humbach commented that we should amend the zoning ordinance to accommodate developments like these. The motion carried unanimously. Item 10a A public hearing was opened on the 1989-90 proposed budget. Councilor Kirkham questioned an increase in revenue estimates for the Corporation Court in the general fund. Louise Houseworth explained the expected increase would be due to increased police motorcycle patrol, and therefore an increase in traffic fines. The public hearing was closed. Item 10b In order to eliminate a conflict of interest when voting on the budget as a whole, it was recommended that a motion be taken on any item on which a council member may have a conflict of interest. Councilor Thompson did not vote on or discuss the following items pertaining to the Community Action Corporation. Moved by Councilor Buffum that funding for the CAC Neighborhood Action Groups in the amount of $10,080, and the Meals-On-Wheels Program in the amount of $5 ,390, be approved. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Barenberg, Buffum, and Kirkham Nays: None Item 10c ORDINANCE NO. 60-89 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEMBER 30, 1990, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY 308 Item 10c Cont'd Moved by Councilor Lam that Ordinance No. 60-89 be passed. Motion seconded by Councilor Kirkham. Councilor Barenberg expressed his concerns about the drug problems in our city. He feels we are not spending enough on law enforcement. The service credit hours should be increased by 10%, as well as an increase in the number of police officers. Mr. Berzina gave estimates of the amount of tax increase that would be needed to add more police officers. Jan Stricklin explained that the necessary figures for updating service credits were not available from TMRS at this time. Councilor Barenberg questioned what it would take to have 50% service credits and 10-year vesting. A 2-cent tax increase would be needed to provide 10-year vesting. Councilor Farabee asked if it were less expensive to have 60% service credits with 20-year vesting, than to have 50% service credits with 10-year vesting. Jan Stricklin confirmed this was correct. Councilor Buffum stated his opinion that the Council should proceed, and call for a vote on the proposed budget. Councilor Kirkham agreed, adding that we should develop a plan to continue updating service credits over the next few years. Councilor Thompson feels we need to add more police officers, and improve benefits in the next budget process. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: Councilor Farabee Item 10d ORDINANCE NO. 61-89 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1989-90 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY Moved by Councilor Thompson that Ordinance No. 61-89 be passed. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None 309 Item lla ORDINANCE NO. 62-89 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, BY ANNEXING A CERTAIN TRACT OF LAND ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACT OF LAND AND SERVICE PLAN FOR SUCH TRACT OF LAND ARE DESCRIBED IN THIS ORDINANCE Moved by Councilor Kirkham that Ordinance No. 62-89 be passed. Motion seconded by Councilor Thompson. Moved by Councilor Kirkham that the ordinance be amended by eliminating Tract 2. Motion seconded by Councilor Lam. Councilor Buffum favored this amendment. The motion to amend the ordinance carried unanimously. Councilor Lam expressed his concern that everyone understand their commitments in this annexation. Councilor Buffum asked why annex an area if the residents don' t want it? Mr. McKinney commented that water is available to this area without annexation. Annexation will be beneficial to the City. Mr. Berzina recommended annexation of Tract 1. Councilor Barenberg feels we should control the growth of the City. Councilor Thompson noted the need to get ahead of those people outside the city limits. Councilor Kirkham supported Tract 1, but questioned whether the Cruse land was included in this tract. Mr. McKinney explained if the Cruse land were omitted, it would create a doughnut in the land. Mr. Cruse can still have the same status of land use for tax purposes, except he will be subject to city taxes as well as county and school. Councilor Farabee questioned Mr. Bonnett and Mr. McKinney on the meetings that were held with the residents of the proposed area. Mr. McKinney explained all these residents want is water. The City should annex before there is development in this area. William Young, 1018 Widows Lane, appeared and asked if this annexation included the Cruse property. Mayor Goolsby stated it did. The motion to pass Ordinance No. 62-89, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Thompson, Barenberg, and Kirkham Nays: Councilors Lam and Buffum Item llb A proposed resolution was presented rezoning a 7. 27 acre tract of land at 2437 Missile Road, and all of Painter Subdivision. A motion was made by Councilor Thompson, and seconded by Councilor Farabee, for its passage. 310 Item llb Cont'd Bill Elder appeared as a representative of Mr. Cantu. He stated that the Planning and Zoning Commission voted unanimously to not approve this change. Councilor Buffum felt this rezoning should be denied. Councilor Kirkham explained this rezoning was requested recently when there was a conflict over a flea market in this area. The amendments to the Zoning ordinance solved the problem with the flea market. The motion failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Item llc ORDINANCE NO. 63-89 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A UTILITY EASEMENT IN LOT 9, BLOCK 8, EDGEMERE SOUTH ADDITION, WICHITA FALLS, TEXAS Moved by Councilor Buffum that Ordinance No. 63-89 be passed. Motion seconded by Councilor Thompson. Councilor Kirkham asked if this alley is being used at this time. Roger McKinney explained it is not an alley, but a utility easement. The easement will still be functional, it will simply be moved to the north. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lld ORDINANCE NO. 64-89 ORDINANCE WAIVING APPENDIX A SUBDIVISIONS SECTION 9(B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON AMBER AVENUE, LOT 15C, REPLAT OF BLOCK A OF THE RAY-MASSIE SUBDIVISION Moved by Councilor Farabee that Ordinance No. 64-89 be passed. Motion seconded by Councilor Thompson. Councilor Thompson was concerned about the run-off which is already a problem in this area. Bill Parker stated a curb and gutter would be a waste at this time. This area will be included in next year' s CDBG improvements. 311 Item lld Cont'd The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lle A proposed ordinance was presented waiving Appendix A Subdivision Section 9(B) ( 2) (A) of the Code of Ordinances with respect to placing curb and gutter on Jacksboro Highway adjacent to Lot 1, Hershel Walker Addition. A motion was made by Councilor Thompson, and seconded by Councilor Lam, for its passage. Mr. Bonnett recommended denial of this waiver. Councilor Kirkham asked what business is located in this area. Bill Parker stated it is located next to Scott' s Drive-In. There are junk cars in a fenced area. The motion failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham The City Council recessed at 9:45, and reconvened at 10: 00. Item 12a RESOLUTION NO. 144-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH REITZER CRUZ ARCHITECTS, INC. AND JONESKELL ARCHITECTS FOR LIBRARY ARCHITECTURAL SERVICES Moved by Councilor Farabee that Resolution No. 144-89 be passed. Motion seconded by Councilor Buffum. Mayor Goolsby explained that there had been appointed a committee to recommend a library architect. Councilor Buffum served as Chairman of this committee. Councilor Buffum announced that the firm of Reitzer Cruz Architects, Inc. and Joneskell Architects had been selected for this project. They have selected the local firm of Bundy, Young, Sims, and Potter to work in association with them. Councilor Buffum explained the procedure used to determine who the library architect should be. A request for proposal (RFP) was prepared and distributed to 40 architectural firms in Texas, as well as all local firms. The committee received 10 responses to the RFP, and the top 5 of these were selected, based on experience and expertise. The top 5 firms were interviewed by the committee and allowed to give a presentation. 312 Item 12a Cont'd Councilor Barenberg commented that he has received complaints about a local firm not being selected. He feels Councilor Buffum did a good job on this task. The best facility requires the best architect. Chuck Dennis, a member of the committee, appeared and stated that the selection process was very fair. No local firms were overlooked. He explained that the RFP was carefully written and the interview process was very fair. Most firms interviewed expressed appreciation for being allowed to give a presentation. Councilor Buffum explained that this firm is experienced in working with the public on a bond issue. He feels this is important since several people in Wichita Falls don't feel there is a need for a new library. Councilor Thompson commented that he had received complaints about a local firm not being selected. He questioned how this firm was determined to be the best. Councilor Buffum explained that there were 5 items that were used to determine the best firm. They were design capability, rapport with project engineers and the committee, background and experience, recommendation from former clients, and capacity to handle the project. He noted that Tiana Williams was present at all meetings with prospective firms, and she feels the best firm was selected. Councilor Thompson questioned funding for this project. Louise Houseworth explained Title 2 funds are federal funds available through the Texas State Library. Councilor Kirkham thanked the committee, but stated he has a problem with an out-of-town firm versus a local firm. He is concerned with the effect of the firm and consultant in passing a bond issue. Councilor Buffum feels this firm will work well with the committee, as well as be able to present this as a bond issue to the voters. Councilor Farabee commented that site selection is very important in a project of this nature. The recommended firm will be involved in the actual site selection for the library. Mayor Goolsby stated the interview process is very important. Based on the information he has heard today, he feels the committee is recommending the best qualified firm. Councilor Buffum assured him that the committee feels the firm of Reitzer Cruz Architects, Inc. and Joneskell Architects, along with Bundy, Young, Sims, and Potter will best meet the needs of the citizens of Wichita Falls. Councilor Lam complimented the committee, but feels a local firm would be better. He disagrees with combining a local firm and a non-local firm. He would like to see a local firm named as the lead architect. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Thompson, Barenberg, and Buffum Nays: Councilors Lam and Kirkham I 313 Item 12a Cont'd John Kell, of Joneskell Architects, gave a slide presentation of various library projects his firm had been involved with. He noted several important factors in library construction. Mr. Kell feels expansion is important in a library. The use of natural light, local crafts, and special spaces are also important in a public library. Item 12b RESOLUTION NO. 145-89 RESOLUTION COMMENDING THE SERVICE OF THE LATE U. S. CONGRESSMAN MICKEY LELAND IN HIS EFFORTS TO ELIMINATE STARVATION IN THE WORLD Moved by Councilor Thompson that Resolution No. 145-89 be passed. Motion seconded by Councilor Barenberg. Councilor Thompson read the resolution aloud for the benefit of the public. He commended Norma Crane for her work on this. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12c RESOLUTION NO. 146-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT ON KEMP BOULEVARD, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION i City Attorney Gregory Humbach recommended that a correction be made in Section 4 of the resolution. The sentence which states the City Manager is authorized to institute condemnation proceedings, should be changed to say City Attorney. A motion was made by Councilor Kirkham, and seconded by Councilor Buffum, to amend Section 4 by changing City Manager to City Attorney. The motion carried unanimously. Moved by Councilor Buffum that Resolution No. 146-89, as amended, be passed. Motion seconded by Councilor Kirkham. Councilor Buffum referred to some problems about 2 years ago concerning zoning at this same location. Roger McKinney explained this easement is a different issue because this property has not been platted yet. The motion carried by the following vote. i I 314 Item 12c Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12d RESOLUTION NO. 147-89 RESOLUTION APPROVING THE PROPOSED BUDGET FOR THE NORTEX 9-1-1 COMMUNICATIONS DISTRICT FOR THE PERIOD FROM OCTOBER 1, 1989 THROUGH SEPTEMBER 30, 1990 Moved by Councilor Barenberg that Resolution No. 147-89 be passed. Motion seconded by Councilor Kirkham. Councilor Barenberg stated he was very pleased with the clarity of the budget this year. Sidney Smith, District Director, thanked the Council and expressed his appreciation for Councilor Barenberg' s comment. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12e RESOLUTION NO. 148-89 RESOLUTION APPROVING CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE DESIGN OF A BRIDGE OVER THE RELOCATED HOLLIDAY CREEK CHANNEL ON FM 2380 Moved by Councilor Thompson that Resolution No. 148-89 be passed. Motion seconded by Councilor Buffum. Discussion was held on the location of the bridge on this road. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12f RESOLUTION NO. 149-89 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR BANKING AND INVESTMENT SERVICES WITH THE MANAGING DEPOSITORY 315 Item 12f Cont'd RESOLUTION NO. 150-89 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR BANKING AND INVESTMENT SERVICES WITH THE PARTICIPATING DEPOSITORY Moved by Councilor Barenberg that Resolution No' s. 149-89 and 150-89 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. 151-89 RESOLUTION FOR THE AWARD OF BID AND A CONTRACT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FALLS TO O'REILLY TRAIL PROJECT Moved by Councilor Thompson that Resolution No. 151-89 be passed. Motion seconded by Councilor Farabee. Discussion was held on proposed changes in the trail system. Mr. Bonnett explained that the changes were studied, but the split in the trail was not practical. Bill Parker explained that all changes were initiated except for the split in the trail. Councilor Buffum asked about anticipated changes in the bid price. Mr. Bonnett feels comfortable with this contractor and his bid. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 13b RESOLUTION NO. 152-89 RESOLUTION TO AWARD BID TO CHANNEL CONSTRUCTION COMPANY, INC. FOR 1989 SANITARY SEWER IMPROVEMENTS Moved by Councilor Buffum that Resolution No. 152-89 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 316 Item 13c A proposed resolution was presented to award bid to Don Carter Industrial Coatings, Inc. , for painting of ground and elevated water storage tanks and miscellaneous other facilities. A motion was made by Councilor Lam for passage of the resolution, and seconded by Councilor Kirkham. Ocey Dow, of Corrosion Eliminators, appeared. He explained the discrepancy in his bid because a certain addendum was not included in his sealed bid. Discussion followed concerning the legal aspects and possible lawsuit if this bid is not awarded to Corrosion Eliminators. Tommy Hammond, #3 Bosque Circle, appeared as President of Wichita County General Contractor' s Association. He explained it is standard procedure to acknowledge receipt of an addendum in the bid documents and not actually enclose the addendum form. He felt there was no oversight on the contractor' s part. Jerry Gross explained the reason for issuing Addendum No. 1 and No. 2, and the need for them to be returned in the bid. Moved by Councilor Lam to table this matter, and for the City Attorney to review the bids and bring this item back to the next Council meeting. Motion seconded by Councilor Buffum, and carried unanimously. Item 14a William Young, 1018 Widows Lane, stated that the meetings regarding the library architect were not open to the public. Councilor Buffum commented that no meetings were closed, and he feels it is time to put differences aside and get on with the library project as a team. Mr. Young also discussed laws regulating the buying of drugs. He feels it should be hard on the drug buyers, as well as solicitors. Discussion followed on fines and laws regulating drug solicitation. Miss Whitman, of Shawnee, Oklahoma, appeared representing the National Association of Firearm Collectors. She requested waiver of fingerprint requirements for a gun show to be held here in December. Viola Morton commented that the Sheppard Access Road area looks better than it ever has. She explained this is due to the City keeping the grass cut, the salvage yards keep areas clean, businesses are making building improvements, medians have been planted, and the Softball Complex. She feels the projected extension of Maurine Street will provide safer access to Maurine, and looks forward to the extension. i 317 Item 14a Cont'd Bob Wesbrooks, of Wesbrooks, Inc. , requested the Council to place the Maurine Street extension item back on the agenda. He feels a traffic study should be done. He presented diagrams showing 2 options for the extension. Council agreed to prepare this item for the next Council meeting. Mr. Wesbrooks and his committee should meet with George Bonnett and Bill Parker concerning questions on this item. B. B. Lane, 4610 Mistletoe, commented about the unfair water billing process. He feels there is no relation to how much water is used, and how much sewage is produced. Mr. Berzina stated it would possibly be another year before a water rate study is made. The study is necessary to adjust water rates. Mr. Bonnett explained what is involved in a rate study. The study is done by consultants. The City Council recessed for lunch at 12: 30 , and j reconvened at 1: 35. Item 14b Councilor Barenberg commented on a taxi service to DFW. Bob Parker explained that Skylark Van Service is the only van service in Wichita Falls. Councilor Kirkham noted the need for public relations in the Police Department to let the public know what is going on. He also addressed the bidding process problems, stating we don' t need any more negative publicity in this area. Councilor Thompson suggested the contractor' s association meet and have workshops with City staff to discuss bidding procedures. Councilor Thompson commented on the need for a task force to look at employee benefits. Councilor Barenberg feels there should be a committee on financial planning. Councilor Thompson expressed his regrets that Councilor Barenberg is leaving. Councilor Lam mentioned a garage at 10th and Kemp. He requested a report from Planning on the history of this area, and ways to solve the problems. - Councilor Lam expressed the need for Legal and Planning to prepare an ordinance to divide the Building Board of Adjustments and Appeals. He feels there should be 2 boards, one for residential construction and one for commercial construction. Item 14c Mr. Berzina distributed memos on handicap parking, summer youth employment, and problems at Tesco Park. He explained that the problems at Tesco Park have ceased, and therefore the gates would be removed. 318 Item 14c Cont'd George Bonnett mentioned that the pump at the Falls was being changed, and the Falls should be back on later in the day. Discussion followed regarding the lifespan of the pump. Mr. Bonnett stated the Falls have been running very well. Mr. Bonnett commented on the Scott Street bridge, stating it should be open in about three weeks. Councilor Thompson questioned Jan Stricklin on the summer youth work program. Mrs. Stricklin commented there is not enough funding for these projects. We need to contact our representative and try to get more funding for our community. Item 14d The City Council recessed into executive session at 2: 15 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 3 : 08 P.M. Item 14e Moved by Councilor Kirkham that Thomas Seebo be reappointed to the Mental Health Mental Retardation Board of Trustees, for a term to expire August 31, 1991. Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Kirkham that Conrad Staley be reappointed to the Mental Health Mental Retardation Board of Trustees, for a term to expire August 31, 1991. Motion seconded by Councilor Lam, and carried unanimously. Item 14f Moved by Councilor Kirkham that Jackie Hall be reappointed to the Mental Health Mental Retardation Public Responsibility Committee, for a term to expire August 31 , 1991. Motion seconded by Councilor Lam, and carried unanimously. Moved by Councilor Kirkham that Harry Howitt be reappointed to the Mental Health Mental Retardation Public Responsibility Committee, for a term to expire August 31, 1991. Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Kirkham that Mikal Lambert be reappointed to the Mental Health Mental Retardation Public Responsibility Committee, for a term to expire August 31, 1991. 319 Item 14f Cont'd Motion seconded by Councilor Buffum, and carried unanimously. The City Council adjourned at 3 : 10 P.M. PASSED AND APPROVED this the day of < . 1989. Perry G olsby, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk i i I i I 1