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
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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.
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Item 7a Cont'd
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Palmer, Buffum, and Kirkham
Nays: None
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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.
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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
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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.
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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.
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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.
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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.
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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