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