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Min 02/06/1990 404 Wichita Falls, Texas Memorial Auditorium Building February 6 , 1990 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 Kenneth Hurley, First Baptist Church. Item 3a Ruel Davis, of the Water Purification Department, was honored as employee of the month for February. Mayor Goolsby presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 3b Mayor Goolsby presented a proclamation on Burn Awareness Week to Shriners Dr. Steve Dryden, Judge Bobby Brotherton, and John Christoff, along with Fire Chief Ronny James. Mayor Goolsby and the City Council honored City Clerk Wilma Thomas for twenty-five (25) years as City Clerk of Wichita Falls. Mayor Goolsby presented Mrs. Thomas with a medallion of the City Seal, noting that she is the keeper of the seal. He announced that Mrs. Thomas has also been elected as Vice President of the Texas Municipal Clerks Association, and in that capacity would sit on the Board of the Texas Municipal League, and she could wear the medallion to those meetings. Mrs. Thomas expressed her appreciation for this honor. Item 4a Moved by Councilor Thompson that minutes of the meeting held January 16 , 1990, be approved. Motion seconded by Councilor Buffum, and carried unanimously. Items 5a-9j Items 7a, 7b, and 9a were moved to the regular agenda. Moved by Councilor Palmer that the consent agenda be approved. 405 Items 5a-9j Cont'd Motion seconded by Councilor Buffum. Item 5a ORDINANCE NO. 2-90 ORDINANCE WAIVING SECTION 22-1(A) ( 9) AND 22-4 OF THE CODE OF ORDINANCES TO PERMIT THE POSTING OF SIGNS AND THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN HAMILTON PARK ON MARCH 24, 1990 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None " Item 5b ORDINANCE NO. 3-90 ORDINANCE WAIVING SECTION 22-1(A) ( 2) AND SECTION 22-1(A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS AND ADVERTISEMENT SIGNS IN JAYCEE PARK Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 5c ORDINANCE NO. 4-90 ORDINANCE WAIVING SECTION 22-1(A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT THE POSTING OF ADVERTISING SIGNS IN HAMILTON TENNIS CENTER AND WEEKS TENNIS CENTER - APRIL 20-22 , 1990 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 16-90 RESOLUTION CALLING REGULAR CITY ELECTION FOR MAY 5 , 1990 , AND NAMING POLLING PLACES Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None `= Item 6b RESOLUTION NO. 17-90 A RESOLUTION WAIVING SERVICE FEE PROVISION OF RESOLUTION 176-83 FOR UTILITY COLLECTIONS AND WATER DISTRIBUTION AND MAINTENANCE DIVISIONS ON CITY WATER ACCOUNT 14-066-01943-9 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: Councilor Palmer i 406 Item 6c RESOLUTION NO. 18-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF DRAINAGE AND UTILITY 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 6d i RESOLUTION NO. 19-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT 41154-045-0000 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6e RESOLUTION NO. 20-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #0540-077-0000 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6f RESOLUTION NO. 21-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION TO PROVIDE OFFICIATING SERVICES FOR THE PERIOD MARCH 1, 1990 THROUGH FEBRUARY 28 , 1991 Councilor Kirkham did not discuss nor vote on this item because he is a member of the association. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, and Buffum Nays: None Item 8a RESOLUTION NO. 22-90 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE LANDFILL SOIL LINER VI PROJECT Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None 409 Item 10a Cont'd ratings. They reorganized the Corporation, which allowed them to consolidate a number of functions in their company. He explained that their rates are competitive in Texas and the United States. They plan to request the second ten percent increase when the plant goes into production in 1992. A lengthy discussion continued on the method traditionally and historically used to seed the highest level of the request, which is the state Public Utilities Commission. They have information available to them which the City does not have. Mr. Humbach explained that without participation from TML member cities, there is really no representation from the rate payer. Discussion was held on denying or suspending the rate increase. 4' The motion for passage of Ordinance No. 5-90 carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None The City Council recessed at 10: 15, and reconvened at 10 : 35. Item 10b ORDINANCE NO. 6-90 ORDINANCE MAKING AN APPROPRIATION FROM HOTEL-MOTEL FUND EQUITY FOR PURPOSES OF REPAIRING THE ACTIVITIES CENTER ROOF Moved by Councilor Buffum that Ordinance No. 6-90 be passed. Motion seconded by Councilor Palmer. Miss Houseworth explained there is $194, 966 in this fund, as of last fiscal year. They like to maintain $75,000 to $100 ,000 in this account just as a safeguard in case these revenues do not come in as expected, and to maintain our commitment to outside agencies. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 10c ` ORDINANCE NO. 7-90 ORDINANCE MAKING AN APPROPRIATION FROM THE HOTEL/MOTEL FUND EQUITY FOR PURPOSES OF EXPANDING THE SEATING CAPACITY AT THE WICHITA COUNTY MOUNTED PATROL ARENA Moved by Councilor Palmer that Ordinance No. 7-90 be passed. Motion seconded by Councilor Kirkham G 410 Item 10c Cont'd Councilor Buffum asked about charges paid by other users of this arena. It was stated by a man in the audience that three other agencies use it, but does not know the amount of charges. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item lla RESOLUTION NO. 23-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE OPTION TO CONTRACT FOR CATERING SERVICES AT THE WICHITA FALLS ACTIVITIES CENTER Moved by Councilor Thompson that Resolution No. 23-90 be passed. Motion seconded by Councilor Kirkham. Councilor Kirkham confirmed that the terms are the same. Miss Houseworth stated that rates may be increased by giving the City 30 days advance notice; however, they have indicated that they do not plan to raise them this year. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item llb RESOLUTION NO. 24-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT IN MIDWESTERN PARK ADDITION, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Palmer that Resolution No. 24-90 be passed. Motion seconded by Councilor Lam, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item llc RESOLUTION NO. 25-90 RESOLUTION TO APPROVE CONTRACT WITH WILLIS, GRAVES & ASSOCIATES, INC. , FOR WATER AND SEWER COST-OF- SERVICE AND RATE STUDY Moved by Councilor Buffum that Resolution No. 25-90 be passed. 411 Item llc Cont'd Motion seconded by Councilor Palmer. Councilor Kirkham asked if anyone in Wichita Falls could do this rate study? Mr. Bonnett stated he knows of no one in Wichita Falls who specializes in rates. It is to our advantage to have a company who is competent in this field of specialization. This study is expected to be available to the Council during the budget process. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, and Buffum Nays: Councilor Kirkham Item 12b Gayla Morris appeared as Executive Director of the Wichita County Heritage Society, stating they are concerned about the Kemp Public Library, and support the need for upgrading it. They urge protection, preservation and safeguard of this building, as it was given to the community by an important citizen, and that it be retained as a viable part of the library system, through expansion or a branch. She asked that the architect be clearly charged to produce a viable proposal for the Kemp Building. Joe Johnson, 2311 Tinker Trail, stated that he joins the concern of Mrs. Morris. He represents a group called "Save the Kemp Library" . He would like to see the building retained because of its historical and architectural values. He supports expansion on the site, stating it should qualify for Landmark designation. He asked that equal consideration be given to this site, as the others. Wings of the Library have been added, and in keeping with the historical structure, renovation would be acceptable. Councilor Lam noted that the Library Planning Committee is doing the work on this, asking if she had made this request before them? She stated that some of their people attended a recent meeting, and became aware of the danger of the situation of the Kemp Building. They have communicated in that manner. She requested that the Council consider retaining it as a part of the library system, stating that the architect is taking direction from the staff and planning committee, but in time it will be the Council' s decision. Mr. Berzina noted that Councilor Farabee, himself, and Miss Houseworth have attended many of these meetings. He stated it is hard to have a good branch system unless you have a good main library. The Planning Committee has said from day one that there had to be some viable use of the Kemp. There are some on the committee who still feel the Kemp should be the one, but the decision is yet to be made. He would hope that as this works out, they will be there, along with all those who have an interest in it. Councilor Farabee stated that he is very sensitive to this issue. He feels good about the Kemp being a viable part of the library system. Councilor Buffum agreed that they will be the ones who recommend to the voters, but the voters will ultimately decide. When the recommendation comes before the Council, then that is the time to hear from them. i 412 Item 12a Discussion was held on Southern Aviation of Texas, Inc. fixed base operating lease to AvJet, Inc. Mr. Berzina explained that the lease runs to 2009. No changes are expected in the conditions of the lease. He, the City Attorney, and Bob Parker met with these individuals. (Mayor Goolsby stated that he and Mr. Berzina would have to leave at 11: 10 for another important meeting. ) Michael Payne, Attorney, Blake Tucker, and Mr. Morrison appeared concerning this lease. Mr. Tucker stated they will be lending Southern Aviation some money, and in case of foreclosure they would need a reassignment of that lease approved by the City. Mr. Humbach stated he would not recommend any change to the lease. If the Council desires to make any change, it should come back to the Council at another meeting. Mr. Payne stated they are principally in agreement with the City. Mayor Pro tem Kirkham confirmed that this matter will be back on the next agenda for action. Item 12c Councilor Buffum noted that the Midwestern Parkway bridge has been re-opened, and asked about the Weeks Park Tennis Center bridge and access. Mr. Bonnett explained that access to the tennis center would be cut off at Weeks Park Lane. They anticipate bringing access off Barna Lane. It will be a little inconvenient, but they will be able to handle the tournaments in April. The bridge should be back in service by June 25. asked Councilor Palmer/about the Junior T-O golf tournament the latter part of June. Mr. Bonnett explained that for planning purposes we should prepare to use temporary greens. Every effort will be made to get the bridges back in before that time. He also addressed safety factors. Mayor Pro tem Kirkham commended Eby Construction Company and Mr. Bonnett for quick action on the Midwestern Parkway bridges. He also commended Bob Parker and staff on the bus route hearing. Mayor Pro tem Kirkham commented on complaints he receives concerning parking at the Activities Center for large events. He requested it be studied. He also mentioned the pilot recycling program, along with a drainage and street problem at 5804 Greentree. Mayor Pro tem Kirkham also noted the death of Jerry Allen, a member of the 9-1-1 Board, who represented area fire groups. Item 12d Assistant City Manager Louise Houseworth noted the work done by Mr. Parker on lighting the Emmanuel Davis overpass. She stated that the bonding company and contractor have arrived at a cost, and work should begin immediately after February 13 . 413 Item 12e The City Council recessed into executive session at 11: 30 A.M. , according to Article 6252-17, Section 2 , Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 11: 48 A.M. Item 12f Moved by Councilor Buffum that Dr. Harry Howitt be appointed to the MHMR Board of Directors for a term to expire August 31, 1991. (replacing Jane Hough) Motion seconded by Councilor Lam, and carried unanimously. Item 12g Moved by Councilor Buffum that the following be nominated to the Wichita Appraisal District Board of Directors for Appraisal Review Board, for terms to expire January 1, 1992 . a. Danny Steed b. Gene Stephens C. Jake Holmes d. Lolly Sobiesk Motion seconded by Councilor Palmer, and carried unanimously. Item 12h Moved by Councilor Buffum that Johnny Hampton be appointed to the Board of Trustees of the Museum and Art Center, for a term to expire May 31, 1990. (replacing Tom Haywood) Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 11: 53 A.M. PASSED AND APPROVED this the day of -C, L:Z1i ;���, 1990 . Perry G olsby, Mayo ATTEST: / i j l e—t 4l Wilma J. Thomas, CMC/AAE City Clerk