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Min 11/07/1989 i 355 Wichita Falls, Texas Memorial Auditorium Building November 7, 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 Bill Palmer Ron Buffum Don Kirkham James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Derward M. Cranfill, First Seventh-Day Adventist Church. Item 3 Julie Black, a Planning Department employee, was honored as Employee of the Month for November. Mayor Goolsby presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4 Moved by Councilor Kirkham that minutes of the meeting held October 17, 1989, be approved. Motion seconded by Councilor Buffum, and carried unanimously. Items 5a-91 Items 7d, 7e, 9c, and 9j were moved to the regular agenda. Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Thompson. Item 5a ORDINANCE NO. 76-89 ORDINANCE ALLOWING A CERTAIN BUILDING ENCROACHMENT ON A TWENTY FOOT WIDE ALLEY LOCATED AT THE REAR OF THE PROPERTY AT 1508 HAYES STREET, WICHITA FALLS, TEXAS Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None 356 Item 5b ORDINANCE NO. 77-89 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TEN FOOT WIDE UTILITY EASEMENT IN LOT 2-A, WOODY PARTEE ADDITION, WICHITA FALLS, TEXAS Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 5c ORDINANCE NO. 78-89 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 4366-002-0200 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 180-89 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTIBLE ACCOUNTS RECEIVABLE FROM AN ACTIVE TO DORMANT STATUS AND TO RECOGNIZE REVENUE ON AGED OUTSTANDING CHECKS Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6b RESOLUTION NO. 181-89 RESOLUTION TO APPROVE CONTRACT WITH CONSULTING ENGINEERING FIRM FOR RELOCATION AND RENOVATION OF SEWER LIFT STATION ON KEMP BLVD Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6c RESOLUTION NO. 182-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT EXERCISE OF OPTION BY COMMUNITY ACTION CORPORATION TO RENEW LEASE AT 602 BROAD STREET FOR THIRD RENEWAL PERIOD Ayes: Mayor Goolsby, Councilors Farabee, Lam, Palmer, Buffum, and Kirkham Nays: None (Councilor Thompson did not vote due to a conflict of interest. ) Item 7a Bids were awarded to A. B. Dick Company for an offset press, in the amount of $11,205, and for a vertical daylighter camera, in the amount of $6 ,295. i 357 Item 7a Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None i Item 7b I The bid for a front-end loader/backhoe was awarded to Construction Agricultural Supply Company, in the amount of $29, 278 . Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 7c The bid for a tire truck bed was awarded to Iowa Mold Tooling Company, Inc. , Garner, Iowa, in the amount of $24, 961. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 8a RESOLUTION NO. 183-89 RESOLUTION TO ACCEPT PROJECT TO INSTALL ROOF ON JASPER STREET WATER TREATMENT PLANT AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 9 Minutes of the meetings of the following Boards and Commissions were received. a. Kemp Public Library Planning Committee - August 17, 1989 b. Traffic Safety Commission - September 6 , 1989 d. Plumbing and Mechanical Board of Adjustments and Appeals - September 29, 1989 e. Commission on Aging - October 4 , 1989 f. Water Resources Commission - October 6, 1989 g. Planning and Zoning Commission - October 11 , 1989 h. Board of Electrical Examiners - October 12, 1989 i. Plumbing and Mechanical Board of Adjustments and Appeals - October 16, 1989 k. Human Relations Commission - October 24, 1989 1. Park Board - October 26, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 7d Moved by Councilor Buffum that the bid for a utility tractor, with two side and one rear flail mower, be awarded to Construction Agricultural Supply Company, Inc. , in the amount of $31,879. 358 Item 7d Cont'd Motion seconded by Councilor Palmer. Councilor Buffum asked questions about the lower alternate bid, and Mr. Parker explained that it was a demonstration model that was a piece of used equipment. The motion carried unanimously. Item 7e Moved by Councilor Buffum that the bid for two 52-inch rotary mowers be awarded to Bunt Equipment, in the amount of $13 ,488 . Motion seconded by Councilor Palmer. Councilor Buffum asked if there were no other bids offered, and Mr. Parker explained that five no-bids were submitted. The motion carried unanimously. Item 9c Moved by Councilor Lam that minutes of the meeting of the Kemp Public Library Advisory Board held September 26 , 1989 , be received. Motion seconded by Councilor Farabee. Councilor Lam expressed concern about an item in these minutes pertaining to a brochure being prepared, and a tax increase mentioned. Also, in Item 9j , Library Planning Committee meeting, they discuss publicity by the use of various media. He is concerned that we are a long way from giving citizens firm information on the library. He hopes the Committee realizes this. Mayor Goolsby agreed, stating that the Committee ' s responsibility is to first sell the Council before they go out with publicity. Councilor Buffum agreed. Mr. Berzina was hopeful that they are only considering the existing facility. Councilor Farabee noted that Mrs. Gregg was speaking of their existing collection, and what is needed. The motion carried unanimously. Item 9j Moved by Councilor Lam that minutes of the meeting of the Kemp Public Library Planning Committee held October 19, 1989, be received. Motion seconded by Councilor Farabee, and carried unanimously. Item 10a ORDINANCE NO. 79-89 AN ORDINANCE REZONING 1206 - 1214 (EVEN NUMBERS) , LOTS 4-8, BLOCK 329, I. E. BURNETT SUBDIVISION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY RESIDENTIAL, STANDARD LOT (SF-2 ) ZONE TO RESIDENTIAL MIXED USE (RMU) ZONE 359 Item 10a Cont'd II Moved by Councilor Buffum that Ordinance No. 79-89 be passed. Motion seconded by Councilor Palmer. Tommy Wallace, owner of Wallace Grocery Store, requested that this re-zoning be authorized. Councilor Buffum confirmed that he has no opposition in the neighborhood for this request. Jack Blair, Earline Perkins, James Williams, and William Young all spoke in favor of it. Floyd Stevenson spoke against the use of alcohol and drugs, but feels Mr. Wallace should be allowed to sell something which is legal, noting that the sale of alcohol is legal. Councilor Buffum commented that one thing which has always been paramount in his mind on zoning issues is how the neighbors feel. This is an economic issue. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Palmer, Buffum, and Kirkham Nays: Councilor Thompson Item 10b ORDINANCE NO. 80-89 AN ORDINANCE REZONING LOTS 1-B, 2-B, 3-B, 4-B, BLOCK 2, EDGECLIFF ESTATES, WICHITA FALLS, TEXAS, FROM MULTI-FAMILY RESIDENTIAL (MFR) TO LIMITED OFFICE (LO) ZONE Moved by Councilor Palmer that Ordinance No. 80-89 be passed. Motion seconded by Councilor Thompson. Martin Litteken, President of First Federal Savings, stated they requested re-zoning to offer it for sale. He believed the residences in Edgecliff would be more protected with a limited office zone. He anticipated rear entry. This property fronts on six lanes of Southwest Parkway. Councilor Palmer expressed concern about curb cuts on Southwest Parkway. Mr. McKinney stated that they prefer the entrance to be off Homeward Way. Councilor Buffum noted that limited office came out of the discussion last year as an alternate. Following other questions and comments, the motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None The Council recessed at 9: 28 A.M. , and reconvened at 9 :40 A.M. 360 Item 10c ORDINANCE NO. 81-89 ORDINANCE AMENDING CHAPTER 14, ARTICLE III , SECTION 14-35 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO ADOPT THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE Moved by Councilor Kirkham that Ordinance No. 81-89 be passed. Motion seconded by Councilor Thompson. Councilor Lam recognized Dan Shine, who is a member of the Board of Electrical Examiners. Mr. Shine noted that the Code is updated every three years. Mr. Lloyd Alexander, Electrical Inspector, noted that he and Mr. Morath will be teaching the class for these electricians, and he is pleased to work with these people in making our citizens safe. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None (Councilor Farabee was absent from the Council table. ) Item lla RESOLUTION NO. 184-89 RESOLUTION CREATING AN EMPLOYEE BENEFIT TASK FORCE AND DEFINING THE FUNCTIONS OF THE TASK FORCE Moved by Councilor Thompson that Resolution No. 184-89 be passed. Motion seconded by Councilor Kirkham. Councilor Thompson commented that he had read that the Council was responding to pressure from the staff on this matter, stating this is not true, and that he was the one who requested it. Councilor Buffum also agreed that this is something that was generated by the Council, stating they are not interested in short term solutions, but long term solutions. When the final reports come in, it will benefit all employees. Mayor Goolsby explained that the only responsibility the task force will have is to determine benefits available to staff members at this time, and the effect it would have on a total benefit package. This kind of information is needed in order to make the right determination. If voters go to the polls, it will be important that they know what kinds of benefits the staff has at this time. This study will be beneficial to the Council in years to come as they work through this concern. This task force will make no decisions or recommendations, but just present facts. Councilor Lam noted it will be an evaluation and comparison. Councilor Palmer asked if it will include insurance and hospitalization, and it was agreed that Item 8 made it all-inclusive. The motion carried by the following vote. i 361 Item lla Cont'd Ayes: Mayor Goolsby, Councilors Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None (Councilor Farabee was absent from the Council table. ) Item 12a William Young, 1018 Widows Lane, requested more and wider handicapped parking spaces at the Activities Center. It was explained that they would be brought up to state standards this week. Mayor Goolsby requested that the staff continue to monitor this situation. Mr. Berzina expressed concern about over-providing for these spaces. Mrs. Giola Ozuna, 1507 Bell, requested that the Council consider that they are trying to get Advocacy, Inc. , here in Wichita Falls. Mrs. Shirley Smith, 541 Rathgeber Road, requested information and assistance on the amount of money needed to put in a water line. There are people out there who do not want water, but because they do not pay, they keep the rest of them from getting it. She wondered if the City could waive the cost for the free riders, or the cost of $6. 00 per foot, which was raised from $2 . 80 per foot. She suggested the increase was a gig. Mayor Goolsby emphasized that they did not have in mind to gig them when they raised the fee. It was based on the cost to the City. He was concerned about the precedent it would set if they waived it. Mrs. Smith noted the exception made to the Maskat Temple in previous years. Mr. Berzina suggested that the staff look at it, and bring back some alternatives. He explained that the real issue with the Maskat Temple was would we extend the line outside the city. They agreed to pay the cost for the line, but the line was not laid. William Shepherd, 5117 Deer Creek Road, supported Mrs. Smith' s request. Item 12b Councilor Thompson wished Mr. Wallace success with his grocery store. Councilor Thompson addressed the bid fair on November 15 , at the Activities Center, and urged all contractors and potential contractors to take advantage of this. Councilor Thompson noted the loan from the state on the waste water plant on River Road. He urged young men and women who might be interested in working on this renovation to begin a training program with Nortex to get them ready for this. Councilor Kirkham urged that we check our compliance with the ordinance which prohibits bicycle riding in the city on Kell between Kemp and Holliday. He requested Bob Parker to check into this. Mr. Parker indicated that signs are being made. 362 Item 12b Cont'd Councilor Kirkham noted the letter sent to Mr. Massey about the drainage problem. He also asked for information on the McNabb situation. Mr. Bonnett stated that a memo was sent to the City Manager, Council, and the gentleman in question. Councilor Buffum mentioned access in fire lanes at the Activities Center during Christmas Magic. Chief Ronnie James stated that people had parked in the entrances to the parking lot. The fire lanes were pretty clear, but they do have a problem there. Councilor Buffum noted that it may be frustrating, but the primary concern has to be for the safety of the people in that building. Mayor Goolsby mentioned parking problems at a gun show, stating they agreed they would do whatever is necessary for traffic control around that building for large events. Mr. Berzina noted that the problem is more loading zone than parking. The staff hears about it when they get the ticket. Enforcement is in effect there now. Item 12c Mr. Berzina urged bidders to come to the bid fair. Mr. Bonnett reported on the bidding and specifications, stating Nortex specifications have been adopted as base. Mr. Humbach has been very helpful in review of the general specifications. Four fatal areas include bids received after the time limit, improper bid security, non-responsive bid, and bids submitted with qualifications or conditions. The remainder of these listed items are irregularities which the Council could waive. They are requiring consulting engineers and architects to utilize the general specifications. They are conducting pre bid conferences with every project. They are identifying and reviewing fourteen problems at each pre bid conference. They are keeping a list of those who attend those conferences, which will be available to the Council. It is known as a competitive bidding process. Someone wins and someone loses. Councilor Kirkham confirmed that it will be standard procedure for all departments. Mr. Bonnett requested that the Council look at these waivable items to see which they will waive, and which they won' t. Item 12d The City Council recessed into executive session at 10 :40 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 2 :03 P.M. Item 12e RESOLUTION NO. 185-89 RESOLUTION APPOINTING TWO MEMBERS TO THE BOARD OF DIRECTORS OF THE WICHITA COUNTY APPRAISAL DISTRICT Moved by Councilor Thompson that Resolution No. 185-89 be passed, appointing Ron Buffum and Michael Lam to the Appraisal District Board. Motion seconded by Councilor Palmer, and carried by the following vote. I 363 Item 12e Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 12f Moved by Councilor Buffum that the following be appointed to the Employee Benefit Task Force. a. Lee Williamson, Chairman b. Grant Whitt C. Yoshikazu Fukasawa d. Mrs. Kathy Sims e. Mrs. Benay Ayers Motion seconded by Councilor Lam, and carried unanimously. The City Council adjourned at 2: 08 P.M. PASSED AND APPROVED this the day of �0aUarIJ,,-eAJ 1989. Perry G olsby, Ma or ATTEST: Wilma J. Thomas, CMC/AAE City Clerk