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Min 12/19/1989 381 Wichita Falls, Texas Memorial Auditorium Building December 19, 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 Gerry Covington, Word of Life Outreach Center. Mayor Goolsby wished all a Merry Christmas. Item 3 Moved by Councilor Kirkham that minutes of the meeting held December 5, 1989, be approved. Motion seconded by Councilor Buffum, and carried unanimously. Items 4a-5h Moved by Councilor Palmer that the consent agenda be approved. Motion seconded by Councilor Farabee. Item 4a RESOLUTION NO. 196-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS 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, Palmer, Buffum, and Kirkham Nays: None Item 5 Minutes of the meetings of the following boards and commissions were received. 382 Item 5 Cont'd a. Kemp Public Library Advisory Board - October 24, 1989 b. Kemp Public Library Planning Committee - November 16, 1989 C. Plumbing and Mechanical Board of Adjustments and Appeals - November 27, 1989 d. Human Relations Commission - November 28 , 1989 e. Civil Service Commission - November 29, 1989 f. Commission on Disability - December 4 , 1989 g. Civil Service Commission - December 6 , 1989 h. Park Board - December 7 , 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6a ORDINANCE NO. 91-89 ORDINANCE CANCELLING THE CITY COUNCIL MEETING SCHEDULED FOR JANUARY 2 , 1990 Moved by Councilor Lam that Ordinance No. 91-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6b ORDINANCE NO. 92-89 ORDINANCE CHANGING THE DATE OF THE FIRST REGULAR CITY COUNCIL MEETING IN JANUARY, 1990, FROM JANUARY 2 , 1990 , TO THE 4TH DAY OF JANUARY, 1990 Moved by Councilor Buffum that Ordinance No. 92-89 be passed, changing the date of the first regular Council meeting in January to January 4, 1990 . Motion seconded by Councilor Palmer, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6c ORDINANCE NO. 93-89 ORDINANCE WAIVING APPENDIX A-SUBDIVISIONS, SECTION 7 (F) AND (G) , AND SECTION 9, (B) ( 2) TO THE CONSTRUCTION OF WATER AND SEWER LINES AND THE PLACING OF CURB AND GUTTER ON THE OLD WINDTHORST ROAD IN THE DON BROYLES ADDITION 383 Item 6c Cont'd Moved by Councilor Thompson that Ordinance No. 93-89 be passed. Motion seconded by Councilor Kirkham. Don Broyles, owner, appeared in support of the waiver. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6d ORDINANCE NO. 94-89 AN ORDINANCE AMENDING ORDINANCE 160-83 ADOPTING THE STANDARD MECHANICAL CODE, 1988 EDITION, AS REVISED IN 1989, WITH CERTAIN AMENDMENTS AND DELETIONS Moved by Councilor Kirkham that Ordinance No. 94-89 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 7a RESOLUTION NO. 197-89 RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO AGREEMENT WITH CRIMINAL DISTRICT ATTORNEY GOVERNING DISTRIBUTION OF FORFEITED ASSETS Moved by Councilor Palmer that Resolution No. 197-89 be passed. Motion seconded by Councilor Kirkham. Discussion followed with Mayor Goolsby answering a question by Mrs. Ozuna. Councilor Buffum suggested the Council review this each year. Mr. Humbach noted that the Code of Criminal Procedure was changed, and the option of doing it ourselves is no longer available. This money can be used for his office to pay salaries. Councilor Kirkham was of the opinion that there is a limit on how the money can be spent. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None 384 Item 8a Discussion was held on a proposed resolution to award bid for playground equipment for Bridwell Park. A motion was made by Councilor Farabee, and seconded by Councilor Buffum, for its passage. Mr. Holt again appeared, stating he had hired a lawyer to investigate the Washington state law. He discussed involvement of sales tax being generated. Mr. Humbach explained this law as he understands it, along with the Texas law. He stated that the situation we have here does not involve a Washington company bidding. It is going to a company called Items, Etc. , out of Richardson, Texas. This Washington law does not apply in Texas; but even if it did, it would not apply here. Only one bidder met specifications, and this is what they have to look at. Mr. Murphy explained to Mayor Goolsby that four people made the selection for the type of material to be used in this park. Councilor Palmer commented that it bothers him very much that we come in with a one vendor bid. He asked if this committee looked at Mr. Holt' s product, and Mr. Murphy stated he thought one park board member had. Moved by Councilor Palmer that this matter be tabled until the selecting committee goes to Mr. Holt ' s business to see the product he has to offer. Motion seconded by Councilor Kirkham. Discussion was held on whether it should be tabled. Mr. Murphy explained that wood was selected for aesthetics. The question was called by Councilor Buffum on the motion to table. It was seconded by Councilor Kirkham, and carried unanimously. The motion to table failed by the following vote. Ayes: Mayor Goolsby, Councilors Palmer and Kirkham Nays: Councilors Farabee, Lam, Thompson, and Buffum Councilor Lam stated that his position has not changed; but he does not believe going out and looking at the product will change anything. He would still like to see us give the local manufacturer the business. Councilor Thompson stated that we need to provide the playground equipment for children. Councilor Buffum agreed, stating he hoped we can allow our local manufacturers the chance to bid. Councilor Kirkham stated if this is voted down, it will send a message to the Park Board that wood is not the only material. Councilor Palmer stated if we award this bid, it will go against what was said about our local businesses at the last meeting. The question was called, seconded, and carried unanimously. The motion for passage of the proposed resolution failed by the following vote. 385 Item 8a Cont'd Ayes: Mayor Goolsby, Councilors Farabee and Buffum Nays: Councilors Lam, Thompson, Palmer, and Kirkham Moved by Councilor Kirkham that all bids be rejected, and that specifications and design be re-drawn. Motion seconded by Councilor Thompson, and carried unanimously. Item 8b RESOLUTION NO. 198-89 RESOLUTION AWARDING BID FOR REPLACEMENT TREES TO WICHITA VALLEY TREE SERVICE AND JAMES ANDERTON GRASS AND LANDSCAPE Moved by Councilor Kirkham that Resolution No. 198-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None The City Council recessed at 9: 20 , and reconvened at 9: 35 . No information from the public was presented under Item 9a. Item 9b Each Council member extended holiday greetings to everyone. Councilor Kirkham noted that a big push in the 1990 ' s is to recycle or reduce much of the trash, stating that education will be pursued by the Clean Community people. Councilor Thompson noted that we will face some problems in the 1990 ' s that we have not previously encountered. Education of our young people in our schools will be promoted. Councilor Farabee extended thanks to Harold Lindsey and the firefighters for the Toys for Tots campaign. Councilor Buffum noted various accomplishments during this year, stating the citizens of Wichita Falls should be very proud of the men who serve on this Council. Councilor Lam expressed appreciation for the support he has received from the Council and staff. 386 Item 9b Cont 'd Mayor Goolsby stated he is pleased that we have a member of this Council serving on the 9-1-1 Board. Councilor Kirkham was elected by other members of that board. He stated this has been a good year, and he has learned a lot. He complimented the staff on doing a good job. Item 9c Mr. Berzina passed around a letter officially appointing Don Kirkham as a 9-1-1 Board member. He also noted the first annual prayer breakfast at Martin Luther King Center on Saturday, January 13 , 1990 . Mr. Berzina reported on the progress of some of the hazardous structures demolition. Mr. Bonnett briefed the Council on the Texas Water Development Board' s award to Wichita Falls in the amount of $100,000 for the Plum Creek study. The remainder of the $400 ,000 will be funded by $200,000 local money, $70,000 from the City, and $30 ,000 in-kind. Mr. Berzina noted the annual report from the Fire Department. He further stated we have had a good year, and that he has never worked with a better Council, and they make it easier for the staff to do its job. Holiday greetings were extended. Item 9d The City Council recessed into executive session at 9: 58 A.M. , according to Article 6252-17, Section 2 , Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 12: 03 P.M. Item 9e Moved by Councilor Kirkham that the following be appointed to the Human Relations Commission. a. Leslie Stewart - Reappointed to 12-31-91 b. Renee ' Perez, Brenda Andrews, Emmett Scully, Greg Merkel, and Vance Hawkins, to 12-31-91 Motion seconded by Councilor Buffum, and carried unanimously. Item 9f Moved by Councilor Kirkham that the following be appointed to the Clean Community Commission. a. Bette Butler, Michael J. Murphy, and Marilyn Stafford - Reappointed to 12-31-91 b. One vacancy exists Motion seconded by Councilor Lam, and carried unanimously. 387 Item 9g Moved by Councilor Buffum that the following be appointed to the Plumbing and Mechanical Board of Adjustments and Appeals. a. Bryan Walser (replace Calvin Dipprey) to 12-31-91 b. Bill Rowland, Howard Morris, Leon Biddy, and Mike Veresh - Reappointed to 12-31-91 Motion seconded by Councilor Palmer, and carried unanimously. Item 9h Moved by Councilor Buffum that the following be appointed to the Zoning Board of Adjustments. a. Burrell Lacey (from Alternate 2 , replacing Bill Rowland) to 12-31-91 b. Ralph Perkins (Chairman) , replacing Richard Sutton, to 12-31-91 C. William Kidd and Syd Litteken - Reappointed 12-31-91 d. Jane McKown, Alternate 2 , replacing Burrell Lacey, to 12-31-90 e. Dana Barnett, Alternate 3 , replacing Harold Arnett, to 12-31-90 Motion seconded by Councilor Farabee, and carried unanimously. Item 9i Moved by Councilor Kirkham that the following be appointed to the Landmark Commission. a. Mike Bradshaw, replacing Dave Bowersock to 12-31-91 b. Vernodene Huckaby, Freida Ryle, and John Hampton, to 12-31-91 Motion seconded by Councilor Lam, and carried unanimously. Item 9j Moved by Councilor Palmer that the following be appointed to the Park Board. a. Herb Marvel (replacing Joe Tom White) to 12-31-91 b. Hunter Kirkpatrick, Gail Richardson, and Shirley Harris, to 12-31-91 Motion seconded by Councilor Kirkham, and carried unanimously. Item 9k Moved by Councilor Palmer that the following be appointed to the City/County Health Board. a. Gerald Leopold, Ronnie Awtry, and Dr. Michael Bomar, reappointed to 12-31-91 Motion seconded by Councilor Lam, and carried unanimously. 388 Item 91 Moved by Councilor Buffum that the following be appointed to the Water Resources Commission. a. Jim Marshall, to 12-31-90 Motion seconded by Councilor Lam, and carried unanimously. Item 9m The Mayor ' s Commission on the Status of Women still has one opening. Item 9n Moved by Councilor Palmer that the following be appointed to the Tax Increment Financing Reinvestment Zone Number 1 , Board of Directors. a. Gail Natale (Chairman) , to 12-31-91 b. Joe Mike Pistocco, to 12-31-91 C. One position still open Motion seconded by Councilor Lam, and carried unanimously. Item 90 Moved by Councilor Buffum that the following be appointed to the Commission on Aging. a. Sylvia C. Arnett (replacing Dr. Charles Wilson) , to 12-31-90 b. Merrill Parker (replacing John Perryman) , to 12-31-90 Motion seconded by Councilor Farabee, and carried unanimously. Item 9p Moved by Councilor Palmer that Charles Thomas be reappointed to the Sheppard Air Force Base Community Relations Council for a term to expire December 31, 1991. Motion seconded by Councilor Buffum, and carried unanimously. Item 9q Mayor Goolsby made the following appointments to a City Council Finance Committee to study long-term finance needs. They will work with the staff on this study. Appointments are Bill Palmer, Chairman, Michael Lam, and David Farabee. ii 389 The City Council adjourned at 12: 18 P.M. PASSED AND APPROVED this the day of k.L�. , 1990. Perry Goolsby, Ma4yor ATTEST: Wilma J. T omas, CMC/AAE City Clerk I i I I