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Min 12/05/1989 i 373 Wichita Falls, Texas Memorial Auditorium Building December 5 , 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 Sandy Sandlin, Faith Baptist Church. Item 3 Joyce Love, a Personnel Department Employee, was honored as Employee of the Month for December. 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 Thompson that minutes of the meeting held November 21, 1989, be approved. Motion seconded by Councilor Lam, and carried unanimously. Items 5a-7f Items 6b and 7a were moved to the regular agenda. Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Palmer. Item 5a ORDINANCE NO. 87-89 ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO THE ACCOUNT NUMBERS LISTED BELOW Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None 374 Item 5b ORDINANCE NO. 88-89 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AS AMENDED ACCEPTING SAME Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 5c ORDINANCE NO. 89-89 ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 193-89 RESOLUTION TO RENEW AGREEMENT WITH THE MISSOURI-KANSAS-TEXAS RAILROAD COMPANY FOR PIPE LINE CROSSING AT MILE POST B-786. 86 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 7 Minutes of the meetings of the following boards and commissions were received. b. Zoning Board of Adjustment - November 5, 1989 C. Plumbing and Mechanical Board of Adjustments and Appeals - November 20 , 1989 d. Planning and Zoning Commission - November 8, 1989 e. Wichita Falls/Wichita County Public Health Board - November 10, 1989 ' f. Traffic Safety Commission - October 4, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None i 375 Item 6b RESOLUTION NO. 194-89 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN AN APPLICATION FOR AN EXTENSION OF PERMIT #5152 FOR THE CONSTRUCTION OF THE LOW WATER DAM ON THE BIG WICHITA RIVER (SECTION 11. 145 , TEXAS WATER CODE) Moved by Councilor Palmer that Resolution No. 194-89 be passed. Motion seconded by Councilor Thompson. Councilor Palmer asked about the location of the dam, and other pertinent facts. Mr. Bonnett explained that it will be located near O'Reilly Park; that it will carry water back almost to Loop 11 , and that the water level will be raised about eight feet. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 7a Moved by Councilor Buffum that minutes of the meeting of the Commission on Aging held November 1, 1989, be received. Motion seconded by Councilor Lam. Councilor Buffum suggested that minutes of boards and commissions be approved by each before they are placed on the Council agenda. He cited an error in these minutes in which it was stated that he said that the City Council had voted to assist Midwestern State University with $5000, when in fact he stated that United Way had voted to assist them. The motion carried unanimously. Item 8a ORDINANCE NO. 90-89 AN ORDINANCE REZONING LOTS 7, 8 , 12 , & 13 , SINGLETON ADDITION, WICHITA FALLS, TEXAS FROM SINGLE-FAMILY RESIDENTIAL ZONE TO LIMITED OFFICE ZONE Moved by Councilor Buffum that Ordinance No. 90-89 be approved. Motion seconded by Councilor Lam, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None 376 Item 8b A proposed ordinance was presented rezoning 1200-1304 North Rosewood (Except 1206-1214 Even) ; 801 Elwood; 801 and 803 Gerald; 800-803 Chance; and 710, 712, 800 , and 802 Roosevelt Street. A motion was made by Councilor Palmer, and seconded by Councilor Buffum, for its passage. Mr. Williams, a minister, appeared stating he lives in the area under consideration. As an individual he feels it is just another street or avenue selling mixed drinks for drugs to come into the area. He is opposed to having any kind of intoxicating beverages in a residential area where families are trying to raise their children. He wondered if they would consider opposing this rezoning. Councilor Buffum explained that they are looking at rezoning to residential mixed use. Mr. McKinney stated it would be a conditional use process for off-premise sale of beer and wine. Residents would all be notified of any proposed changes. Councilor Thompson noted that one of his concerns is that he did not see anyone from that area who requested it to be rezoned. Apparently this is being initiated by the Planning and Zoning Commission, and not by one of the residents. He did not know why it should be changed if there would be no changes in the community. Mayor Goolsby explained that he came to the meeting prepared to vote for it because he hears the cries from that neighborhood for more business. It does not provide anyone the right to sell alcoholic beverages. Councilor Thompson stated that they have industrial parks and Eastside Drive to locate businesses, along with Flood Street and downtown. It was his belief that they were trying to protect the neighborhoods. He believes an enterprise zone is needed. He noted that persons released from the mental institutions and penal institutions are roaming the streets on the East side. Councilor Buffum noted that the same issue came up about a year ago when Mr. Wallace desired a business here. Mr. McKinney stated that Mr. Wallace made the request, and they wanted to get as much property involved as possible so as to not have spot zoning. More than 200 notices have been sent out concerning this, and they have indicated it might provide some diversity for the neighborhood. Councilor Thompson noted a previous request which was turned down by a Council. The motion for passage of the proposed ordinance failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Item 8c A proposed ordinance was presented to exercise the option of the City Council to tax that property exempted under Section 11 . 251, Texas Property Tax Code, and Article VIII , Section 1-J, Texas Constitution. A motion was made by Councilor Buffum, and seconded by Councilor Thompson, for its passage. i 377 Item 8c Cont'd Ray Clymer appeared, representing the Board of Commerce and Industry, regarding the Freeport exemption on taxes. He expressed appreciation to the Council and staff for their pro- industrial and business attitude to the community. This comes along at a time when the tax base in our community is being reduced, and when the City of Wichita Falls, the county, and school districts are faced with severe budget restraints. Their purpose is to expand this tax base. Businesses are acceptable to denying this exemption at the present time, and to re-institute it after the first of the year for 1991. He emphasized that we want every advantage over other towns that we can get. It is our responsibility to make all our businesses and industries economically viable and healthy. The population of our city is declining, stating it is time we do something for the growth and expansion of Wichita Falls. Mayor Goolsby stated they are pleased that Mr. Clymer has accepted the chairmanship of this committee for next year. Councilor Kirkham agrees we should talk about positive things in this community, instead of negative. J. C. Boyd, 1613 Easy Street, noted his past and present interests in this city, and his community activity for many years. He feels the Council should raise the taxes for what is needed in order to be competitive. He believes the vast majority of the people in this community are willing to pay a little more tax for us to have more growth. William C. Young, 1018 Widows Lane, stated he would be willing to pay more taxes if it would broaden our tax base. He hoped the Council would go along with the wishes of the people who passed this amendment. Mr. Humbach clarified for the Council that once the exemption is granted, it is forever. Mr. Werner explained that it will not affect the current budget. Councilor Buffum agreed with forming a partnership to create an environment in our city to bring in other business, and retain what we have here. He feels we should vote to extend the freeport exemption from now on. Other council members also expressed this support. The motion for passage of the proposed ordinance failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Councilor Farabee left the meeting for a class at Midwestern State University. Item 9a RESOLUTION NO. 195-89 RESOLUTION TO AWARD BID FOR REROUTING OF SANITARY SEWER LINE IN THE WINDCHIMES SUBDIVISION Moved by Councilor Thompson that Resolution No. 195-89 be passed. Motion seconded by Councilor Buffum. 378 Item 9a Cont'd Councilor Lam inquired into the responsibility of the sewer line being located in the wrong place. Mr. Berzina stated it was placed there by the contractor. The City received a certificate from the contractor' s engineer that it was correct. Councilor Lam also asked about any recourse, and Mr. Berzina stated that we can go against the bond, but it does not cover the entire cost. Mr. Bonnett advised that it is best to relocate the line to prevent any further problems. Mr. Humbach explained that several parties involved are all pointing the finger at each other. There is exposure on the part of the engineer, contractor, and developer. Councilors Lam and Buffum encouraged the City to proceed with recovery of these costs through the legal process. The motion for passage of the resolution carried by the following vote. Ayes: Mayor Goolsby, Councilors Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 9b A proposed resolution was presented to award bid for playground equipment for Bridwell Park. A motion was made by Councilor Kirkham, and seconded by Councilor Thompson, for its passage. J. B. Holt appeared as the second low bidder on this project. He formed a corporation to manufacture playground equipment. He has not yet been able to sell anything to the Wichita Falls schools or the City. His bid was $195 higher than the low bid. His material, although not wood, is equal or better. He feels the bids should be thrown out, and start over. He stated that the other bid was $10,681 when they were opened. Mr. Murphy explained that the two percent discount offered brought it down to $10,467. 38. Mr. Murphy explained that logs were chosen over Mr. Holt' s equipment for aesthetic reasons. Fiberglass is a good material, but they have not seen it used in this equipment. Mr. Holt responded that he developed it, and they cannot see it unless they purchase it. Mr. Murphy further explained that the recommended product is made in Tacoma, Washington, but their representative is in Richardson, Texas. Mr. Werner commented that they will honor the invoice with the two percent discount if the bill is presented on a timely basis by Mr. Murphy. Councilor Palmer questioned whether the two percent discount should enter into the bid process. It was stated that it always has been. Mr. Werner noted if they do not receive the bill within ten days, they will not take the discount. James Esther, 1615 Grey Fox, addressed a question to the Council concerning the park theme. Councilor Buffum noted his concern for the bid process, as opposed to aesthetics. The representative of Items, Etc. , from Richardson, stated that the bid process was very specific, stating they were the only company who bid the specifications. He uses the two percent discount all the time. His slides, wheels, and bubbles are made of plastic. Logs are used only for the i 379 Item 9b Cont'd posts. Everything else will be connected by steel. He stated that he feels Mr. Holt' s equipment will be injurious to a child. The motion failed by the following vote. Ayes: Mayor Goolsby, Councilors Palmer, and Buffum Nays: Councilors Lam, Thompson, and Kirkham The City Council recessed at 10: 20, and reconvened at 10 : 35. Item l0a Discussion was held on the Red Fox Drive extension to connect Maurine Street extension. Members of the Engineering Department discussed this project, stating the engineering work will cost a total of $600,000, including a pedestrian walk-way. Mr. Bonnett stated that the Maurine Street project will be bid in June/July, 1990, and he estimates a five to six month construction period. Funds should be appropriated for the engineering work. Item 10b Don Foster, Chairman of the Commission on Disabilities, complimented the staff on the number of handicapped parking spaces at the Activities Center, stating twice as many have been allocated as are required by law. They believe this is quite adequate. Item 10c Councilor Thompson lauded the progress on Red Fox/Maurine Streets, along with economic development. He noted his concern about the Seventh Street Crossing. Mr. Bonnett stated they have had weekly conversations with the Railroad in regard to this. Work is now expected to start the middle of January. He noted that railroad and city crews are presently working on three other crossings in the city. Councilor Thompson again asked about lights on the Emanuel Davis overpass. The Highway Department has indicated to Bob Parker that they will be in contact with him when they have any information. Councilor Kirkham noted the Arbor Day award to the City. He also mentioned the Plum Creek project which is presently going on. He mentioned ideas he came back with from the National League of Cities conference in Atlanta, especially drugs. Solid waste disposal was another subject of interest. Police Chief Harrelson addressed the drug enforcement efforts in our city. Councilor Buffum noted that bids will be let in February for the Rathgeber water line, with completion in April. Mr. Bonnett also addressed McGrath Creek work. Councilor Buffum mentioned economic development being discussed at the NLC meeting in Atlanta. 380 Item 10c Cont'd Councilor Palmer noted the positive statements regarding elimination of the freeport tax, stating he is pleased to send this statement to the committee that this is a business oriented Council. Mayor Goolsby also commented on the NLC conference. Item 10d Jan Stricklin reported on minority hiring and training for the sewage treatment renovation plant and the Holliday Creek project, stating that Eby Construction Company does all the hiring through TEC. She does not believe the City has authority to require employers to hire certain employees for these jobs. They will hold seminars with us on training with Eby and TEC. Councilor Thompson hoped we would look at the JTPA program. Bob Parker and Larry Blowers addressed changes in the public transportation service. Existing routes were audited and surveys were sent out by zip code. New and expanded routes were proposed. The Sheppard Express will remain as the same profitable service which it has previously enjoyed. Various Council members commented that this is a step in the right direction. Mr. Parker noted that they will have to go through public hearings, and they plan to have it operating within the next sixty days. The City Council adjourned at 11 : 50 A.M. PASSED AND APPROVED this the day of ,-Z 1989 . Perry Goolsby,/Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk