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Min 10/03/1989 I 336 Wichita Falls, Texas Memorial Auditorium Building October 3 , 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 Gregory Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Mayor Goolsby. Item 3a Francis Crosby, a Park Department employee, was honored as Employee of the Month for October. Mayor Goolsby presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 3b Mayor Goolsby read and presented proclamations to the North Texas Restaurant Association (Taste of the Town Day) , and to Harold Lindsey and Mike Johnson for Fire Prevention Education Month. Item 4 Moved by Councilor Kirkham that minutes of the meeting held September 19, 1989, be approved. Motion seconded by Councilor Barenberg, and carried unanimously. Items 5a-8e Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Barenberg. Item 5a ORDINANCE NO. 69-89 ORDINANCE MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY FOR PURPOSES OF PROVIDING PUBLIC HEALTH SERVICES Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None 337 Item 6a RESOLUTION NO. 167-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS IN WINDCHIME ADDITION, 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. 168-89 RESOLUTION APPROVING AN EASEMENT TO TU ELECTRIC FOR THE RELOCATION OF AN ELECTRIC SERVICE LINE ON THE WICHITA RIVER TRAIL Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7a RESOLUTION NO. 169-89 RESOLUTION TO ACCEPT THE 1989 CDBG STREET REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO R-TICO, INC Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8 Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - September 6 , 1989 b. Planning and Zoning Commission - September 13 , 1989 C. Human Relations Commission - September 26 , 1989 d. Traffic Safety Commission - August 2, 1989 e. Library Advisory Board - August 22, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9a ORDINANCE NO. 70-89 ORDINANCE PROHIBITING SOLICITATION TO ACQUIRE A PROHIBITED SUBSTANCE; MAKING VARIOUS PROVISIONS AND FINDINGS RELATING TO THE SUBJECT; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND PROVIDING PENALTIES THEREFOR; PROVIDING FOR SEVERABILITY Moved by Councilor Thompson that Ordinance No. 70-89 be passed. 338 Item 9a Cont'd Motion seconded by Councilor Lam. William Young, 1018 Widows Lane, supported this ordinance. Discussion was held on enforcement of this ordinance, with Councilor Kirkham expressing concerns about Section 1, Paragraph (c) . Mr. Humbach explained the meaning of this paragraph, along with Section 1, Paragraph (b) , stating that it takes an overt act with intent to purchase or induce someone to sell. Councilor Kirkham favors it if it is for undercover use only. Chief Harrelson stated they will monitor this ordinance. Following other discussion, the motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9b ORDINANCE NO. 71-89 AN ORDINANCE REZONING 3009 LAWRENCE ROAD (LOT 12, BLOCK 3 LESS RIGHT-OF-WAY, J.W. THOMAS ADDITION) , WICHITA FALLS, TEXAS FROM SINGLE-FAMILY RESIDENTIAL ZONE TO LIMITED COMMERCIAL ZONE Moved by Councilor Barenberg that Ordinance No. 71-89 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 9c ORDINANCE NO. 72-89 AN ORDINANCE REZONING LOT B, BLOCK 117 WESTMORELAND PARK AND ADJACENT PROPERTIES, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY RESIDENTIAL, STANDARD LOT (SF-2 ) ZONE TO MULTI-FAMILY RESIDENTIAL (MFR) ZONE Moved by Councilor Buffum that Ordinance No. 72-89 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 339 Item 9d ORDINANCE NO. 73-89 ORDINANCE AMENDING CONTRACTS WITH TENNIS CENTER PROS, JOHNNY SIMMONS AND JODY ANN WHITE-LYONS, INCREASING COMPENSATION ONE HUNDRED ( $100. ) DOLLARS PER MONTH Moved by Councilor Barenberg that Ordinance No. 73-89 be passed. Motion seconded by Councilor Lam. Councilor Buffum noted that he has heard many compliments on these tennis pros. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10a RESOLUTION NO. 170-89 RESOLUTION IN SUPPORT OF PROPOSITION NO. 8 FOR FUNDING CONSTRUCTION OF NEW CORRECTIONAL FACILITIES Moved by Councilor Barenberg that Resolution No. 170-89 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10b RESOLUTION NO. 171-89 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH CONSULTING ENGINEERING FIRM OF BIGGS AND MATHEWS FOR DESIGN OF REPAIRS AT NORTHSIDE WASTEWATER TREATMENT PLANT Moved by Councilor Lam that Resolution No. 171-89 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 I 340 Item 10c RESOLUTION NO. 172-89 RESOLUTION APPROVING THE TAX OFFICE POLICY OF NOT ALLOWING TAXPAYERS TO PAY TAXES DUE ONE TAXING ENTITY SEPARATE FROM OTHER TAXING ENTITIES THAT THE TAX OFFICE COLLECTS FOR Moved by Councilor Thompson that Resolution No. 172-89 be passed. Motion seconded by Councilor Lam. Mr. Berzina explained the state law regarding enabling ,. legislation. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10d RESOLUTION NO. 173-89 RESOLUTION APPROVING THE TAX OFFICE POLICY OF ALLOWING TAXPAYERS TO MAKE PARTIAL PAYMENTS ON THEIR CURRENT TAXES Moved by Councilor Buffum that Resolution No. 173-89 be passed. Motion seconded by Councilor Barenberg. Mr. Berzina explained the current policy which does not allow a partial payment on current year taxes. Mr. Werner explained that by permitting partial payments, this provides some flexibility for the taxpayers. Councilor Lam had some questions about how many people would take advantage of this. Mr. Werner estimated less than ten percent of the tax roll, stating he does not see any increased burden on the staff between the time they are billed and January 31 each year. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None No concerns were presented under Item lla. Item llb Councilor Thompson asked about the progress of the railroad crossing. It was explained that contracts have been signed, but not much is happening. Mr. Bonnett explained that the Railroad agreed to start by the middle of September, but nothing has been done. He will send a report to the City Manager. 341 Item 11b Cont'd Councilor Thompson mentioned the status of lights on the Emmanuel Davis overpass. Mr. Bonnett stated that the contractor has closed his shop in the middle of the contract. The third party surety bonding agency will be completing the contract. This has delayed the project. Councilor Kirkham requested that the staff bring our ordinance into compliance with the State law on assault weapons. Mr. Berzina noted that we have found that the whole thing is covered by the State, and that we cannot impose additional requirements. This matter will be on the next agenda. ,. Councilor Kirkham confirmed that the Scott Street bridge is open. He also noted that the Railroad spur going across Highway 240 is badly in need of repair. Councilor Farabee encouraged citizens to fill out applications for boards and commissions. Councilor Lam expressed concern about a roofing company' s bond which the City is trying to collect on. Mr. McKinney explained that he feels the ordinance needs to be looked at for authority to deny someone getting a contractor' s license. About all we can do now is file on the bond. Councilor Lam mentioned a situation at 1522 Blonde in getting a sewer line repaired. Mr. Bonnett explained that this matter has been referred to Risk Management. Councilor Buffum mentioned yellow flag stakes on the Holliday Creek channel. Mr. Bonnett was not sure about the color coding, but there will be a relocation of a water main. Traffic will be shifted from one side to another to relocate these lines, and there will be inconvenience to the public during this work, probably from six to ten months. Councilor Kirkham encouraged citizens to participate in the transportation survey which will be conducted. Councilor Kirkham also mentioned the water pressure in his area of town. Mr. Bonnett addressed the pressure and maintenance of the lines. Councilor Thompson requested that Mr. Parker study the possibility of running some of the buses to some of the industrial areas. Mayor Goolsby welcomed Jim Welburn, a former council member, to the meeting. Councilor Barenberg noted a railroad crossing on Fairway. Mr. Bonnett stated they are getting a lot of activity on railroad crossings, and with adequate financial support we could do something about it. This is a capital improvement. Mr. Berzina stated that people tend to view the railroad crossings as maintenance, but it becomes a capital item under our budget terms. Some of the work requires more than maintenance. Capital items are appropriated under current revenue, or a bond issue. i 342 Item llb Cont'd Councilor Barenberg expressed appreciation to the Council for their efforts. He noted that the City has made a lot of progress in areas relating to people. Item 11c Mr. Berzina mentioned the solid waste meeting at Nortex. He also noted that ground breaking for the trail will be tomorrow. Miss Houseworth brought the Council up to date on the architectural contract for the library. She handed out the latest draft of the contract. Mr. Berzina requested that each member of the Council contact him individually with any questions or comments. Miss Houseworth stated she believes the Library Planning Committee is anxious to get an architect on board. Mr. Berzina commented on how medical care is handled for jail people. A report will be passed out. Mayor Goolsby stated that each Council member has the same concern as he does in regard to the City employee retirement benefits. If we have to hire an actuarial consultant to provide true facts, the Council will consider doing that for those who need it. The information was calculated on a future retirement date thirty years ahead, and not on today' s retirements. Item lld The City Council recessed into executive session at 9: 55 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 10 : 25 A.M. Item lle Moved by Councilor Kirkham that Tom Haywood be appointed to the Wichita Falls Museum and Arts Center Board of Trustees for a term to expire May 31 , 1990, and that Gail Natale also be appointed for a term to expire May 31, 1991. Motion seconded by Councilor Thompson, and carried unanimously. Mayor Goolsby announced that the Council will have lunch at Lucy Park to observe the trail system. Mayor Goolsby thanked Councilor Barenberg for his service on the Council, with best wishes for the future. He also presented a plaque and portrait to him. Dr. Barenberg stated he is very humble and saddened that this had to happen. He is grateful to Bill Palmer for being willing to come back again and serve the City. Various Council members wished him well. 343 Item llf Bill Palmer was administered the oath of office as Councilor, District 3 , by City Clerk Wilma Thomas. The meeting adjourned at 10: 35 A.M. PASSED AND APPROVED this the 12,;tL day of , 1989 . Perry G olsby, Mayor ATTEST: f l` �C /y -, Wilma J. Thomas, CMC/AAE City Clerk