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Min 02/20/1990 i 414 Wichita Falls, Texas Memorial Auditorium Building February 20, 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 i 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 Larry Nicholson, Wesley United Methodist Church. Item 3 Moved by Councilor Kirkham that minutes of the meeting held February 6 , 1990, be approved. Motion seconded by Councilor Farabee, and carried unanimously. Items 4a-6e Items 4c and 6e were moved to the regular agenda. Moved by Councilor Palmer that the consent agenda be approved. Motion seconded by Councilor Buffum. Item 4a RESOLUTION NO. 26-90 RESOLUTION APPROVING THE SEVENTH AMENDMENT WITH HCR CAR RENTALS AND EXTENDING THE LEASE EXPIRATION DATE UNTIL APRIL 30 , 1990 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 4b RESOLUTION NO. 27-90 RESOLUTION APPROVING THE FIFTH AMENDMENT TO THE RENTAL CAR LEASE AT MUNICIPAL AIRPORT WITH METRO RENTAL, INC. DBA AS BUDGET RENT A CAR Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 4d 415 RESOLUTION NO. 28-90 RESOLUTION AUTHORIZING APPLICATION TO THE FACTORY MUTUAL COMPANY, FOR GRANT MONEY THROUGH THEIR ARSON GRANT PROGRAM Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 4e RESOLUTION NO. 29-90 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM OF BIGGS AND MATHEWS, INC. FOR DESIGN OF MODIFICATIONS TO THE SECONDARY RESERVOIR Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Items 4f-4m RESOLUTION NO. 30-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 0470-033-0200 RESOLUTION NO. 31-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 3365-001-0200 RESOLUTION NO. 32-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 3182-033-0000 RESOLUTION NO. 33-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 1120-074-0000 RESOLUTION NO. 34-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 2303-114-1500 RESOLUTION NO. 35-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 5900-000-8515 RESOLUTION NO. 36-90 , RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 0020-661-0000 RESOLUTION NO. 37-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 5900-001-0209 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None i Item 5a 416 RESOLUTION NO. 38-90 RESOLUTION TO ACCEPT THE 1989 ALLEY REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO THACKER- BERRE CONSTRUCTION COMPANY Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Items 6a-d i Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - January 3 , 1990 b. Plumbing and Mechanical Board of Adjustments and Appeals - January 15 , 1990 C. Park Board - January 25, 1990 d. Commission on Disability - February 5, 1990 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 4c RESOLUTION NO. 39-90 RESOLUTION ADOPTING POLICY AND PROCEDURES GOVERNING APPOINTMENT TO THE BOARD OF TRUSTEES OF THE WICHITA FALLS MHMR CENTER Moved by Councilor Buffum that Resolution No. 39-90 be passed. Motion seconded by Councilor Farabee. Miss Houseworth explained that these changes were necessitated because of a state law which was passed in the last legislature. It should also simplify the procedure for board appointments. Jim Snowden, Executive Director of MHMR, explained that the law was passed in response to problems in other parts of the state; not Wichita Falls. The only mandatory requirement for appointment is being a qualified voter. They can interview persons, but do have to do so. It was suggested that qualified voter be added to the application. Councilor Buffum noted that the City and County will each have four appointees, with the ninth slot being a rotating one. Discussion was held on an operating procedure to remove someone from this board. Although some boards have procedures in place, Mayor Goolsby suggested that the City Manager look at a policy for removal on all boards and commissions. Moved by Councilor Kirkham that Paragraph 3(B) ( 3 ) be amended by leaving in the first sentence, and deleting the remainder. Motion seconded by Councilor Farabee, and carried unanimously. Moved by Councilor Thompson that the last sentence of Paragraph 3 (B) ( 2) be deleted. Item 4c Cont'd 417 Motion seconded by Councilor Buffum, and carried unanimously. The motion, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6e Councilor Farabee noted that some minutes have come to the Council two or three months after the meeting, but the minutes of the Kemp Public Library Planning Committee, held on January 18 , 1990, have come to them before the Committee has had a chance to approve them. Miss Houseworth explained that the policy we have now is that they come to the Council as soon as possible, and she asked Miss Williams to bring them to this meeting in case there were any questions. Mayor Goolsby noted that the Council is not approving them, but only receiving them, and we are not losing control by doing it this way. Other Council members agreed. Councilor Kirkham suggested that the discussion on site selection be reflected in the approved minutes. Moved by Councilor Farabee that the minutes be received. The motion carried unanimously. Item 7a ORDINANCE NO. 8-90 ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, BY THE ADDITION OF SECTION 20-17. 1 TO PROHIBIT TRESPASSING ON CERTAIN CITY PROPERTY Moved by Councilor Buffum that Ordinance No. 8-90 be passed. Motion seconded by Councilor Kirkham. An amended motion was moved by Councilor Farabee that the word "substantially" be omitted in the second paragraph, and that "work" be changed to "word" in the last paragraph. Motion seconded by Councilor Buffum, and carried unanimously. Councilor Palmer asked for comments from the Chief of Police. Chief Harrelson explained that most offenders would be juveniles. Councilor Thompson asked how it would be enforced, and Mr. Humbach stated it would be enforced on a complaint basis. He anticipates that problem areas in the City will continue to be reported. Signs will be posted, and he hopes we will not have to go to the juvenile authorities. Councilor Buffum stated that the motivation is to give law enforcement a tool to ask the kids to not play at these locations. Discussion continued on the vagueness of the statute on disorderly conduct, and the purpose of this ordinance. Mr. Humbach stated that Section 20-17. 1 is the only thing that is enforced. Item 7a Cont'd 418 The motion for passage of the ordinance, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Palmer, and Buffum Nays: Councilors Thompson and Kirkham Item 8a RESOLUTION NO. 40-90 I RESOLUTION AUTHORIZING CITY MANAGER AND POLICE DEPARTMENT TO SUBMIT A GRANT APPLICATION TO THE GOVERNOR'S OFFICE, CRIMINAL JUSTICE DIVISION FOR A REGIONAL DRUG ENFORCEMENT TASK FORCE AND ENTER INTO MUTUAL AID AGREEMENTS FOR THIS PURPOSE Moved by Councilor Palmer that Resolution No. 40-90 be passed. Motion seconded by Councilor Thompson. Councilor Palmer asked where this property will go, and Chief Harrelson explained that it will go to the Task Force. He hopes they will get twenty law enforcement agencies to participate. It will consist of nine officers and a secretary. If twenty agencies do not participate, they will scale it back to where they can participate. Dennis Wilde, Executive Director of Nortex, stated that the grant last year through Wichita County was not approved, but he feels the chances of getting it this year are very good. Any confiscated equipment can be poured back into the program to meet the match. The first year will be a struggle, but the second and third year will be easier. Councilor Lam asked if this money is in this year' s budget? Chief Harrelson stated that it isn' t, but they will not have to meet this match until next budget year. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 8b RESOLUTION NO. 41-90 RESOLUTION TO APPROVE CONTRACT WITH ENVIRONMENTAL ENGINEERING FIRM TO PROVIDE A PRELIMINARY ENGINEERING STUDY FOR A TOXICITY REDUCTION EVALUATION AT THE RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Thompson that Resolution No. 41-90 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 9a 419 RESOLUTION NO. 42-90 RESOLUTION TO AWARD BID TO J. E. HAYNES CONSTRUCTION COMPANY FOR LAKE KICKAPOO DAM IMPROVEMENT PROJECT Moved by Councilor Kirkham that Resolution No. 42-90 be passed. Motion seconded by Councilor Palmer. Councilor Palmer expressed concern about the low bid coming in so much under the estimate. Mr. Gross explained that the engineers have checked their references, and find no known problem. The contractor believes he can do the job for the price which was bid. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None The City Council recessed at 9:40 A.M. , and reconvened at 9: 55 A.M. Item 10a Councilor Kirkham noted the step Mr. Morrison is taking to improve conditions in Wichita Falls, and for himself, and moved that the lease assignment between the fixed base operator and AvJet, Inc. , be approved. Motion seconded by Councilor Farabee. Mr. Humbach stated that he and Mr. Payne are satisfied with the wording of this agreement. Councilor Buffum discussed Paragraph 11 of the agreement. Mr. Humbach stated that when the loan has been approved there will be a payment schedule attached. The City is not assigning the lease, but allowing them to make the loan. Mr. Parker stated the lease will end in the year 2009. The motion carried unanimously. Item 10b Mike Ryckoff addressed the Council concerning an incident at which he received a traffic ticket. He stated he was unaware that he could make an appeal within a given time frame. The Council explained that they had no authority in the judicial process; that it would be unconstitutional to try to tell the Judge how to run his office. Item 10c Councilor Buffum asked about the temporary road to the tennis courts, and City Engineer Bill Parker explained that they began the gravel this morning. The existing bridge will be torn down next week. i Item 10c Cont'd 420 Councilor Farabee stated that the Library Planning Committee meeting will be held Thursday, February 22, from ,7-9 P.M. , at the Activities Center. The members also plan a Stour of the six sites at 1: 00 P.M. that day. Councilor Kirkham noted that he had received a call about concrete blocks and trash being left in Expressway Village Park. Mr. Murphy stated he would take a look at it. He also stated that he believes lights are needed on Plum Creek. He announced the Regional TML meeting on Thursday night. I Councilor Kirkham addressed the residents of District 5 about serving on boards and commissions. He urged them to fill out an application, which may be obtained in the City Manager ' s office. Boards and commissions meet once a month. More participation is needed. The Council is committed to distributing membership between all districts. Mayor Goolsby re-affirmed these comments made by Mayor Pro tem Kirkham. He also encouraged all persons out there to make application if they feel they have something to contribute. Councilor Thompson also emphasized the importance of applying for these boards and commissions. He appealed to District 2 residents to apply, stating that no matter what a councilman tries to do, he cannot carry the load by himself. Councilor Thompson noted the squabble between Midtown Now and the Railroad Museum supporters, stating he would hope we could take the initiative so that we will not lose it to another city. Mr. Berzina explained that when we acquired the property a year ago, everyone had a bigger goal in mind; oil and transportation. He feels one was looking for someone to pay the bills to establish this museum. We can shift the responsibility to the Railroad Museum group to see what they can do. He feels we are being put in a wrong position about sharing their failure. Councilor Thompson stated he does not accept the responsibility that we are the cause of the failure. He sees no reason why they cannot be encouraged to develop their own plans. Mr. Berzina noted that the City bought the lots with the idea that this would come into reality. Mayor Goolsby noted that the group had strong commitment, but did not have the funds. They felt that by giving the downtown group the funding for a plan, they might come up with a report. Apparently this has not worked. Mr. Berzina stated that he has reports from the BCI on this, which he will distribute to the Council. Councilor Thompson mentioned deterioration of the downtown, asking what we can do as far as tax incentives to make it conducive for the owner to make those properties available? Mr. Humbach explained that enterprise zones and reinvestment do not come into play until the person owning the property is willing to make it available Councilor Lam stated that we need to look at and realize that the use of downtown has changed. We are now going to have to determine another use for the downtown, such as office and governmental use. Retail use is gone. Other cities have come back by utilizing government and office space. Item 10c Cont'd 421 Councilor Palmer commented that he knows of no way you could have an empty building, and profit by keeping it empty. The problem downtown is that buildings are owned by those who are either not willing or not capable of sprucing up the buildings to entice tenants. He does not believe it is the responsibility of city government to do this. Item 10d Mr. Berzina presented a certificate the City received at a recent conference at the Activities Center on a drug free community, and reclaiming the property. He was encouraged by some of the residents on what they plan to do after the conference. Item 10e The City Council recessed into executive session at 10: 50 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 11: 55 A.M. Item 10f No appointments were made to the Human Relations Commission to allow District 2 residents to apply. Item 10g Moved by Councilor Kirkham that Peggy Hardman be appointed Chairman of the Human Relations Commission. Motion seconded by Councilor Farabee, and carried unanimously. Item 10h Moved by Councilor Kirkham that Carol Smeaton be appointed to the Mayor ' s Commission on the Status of Women for a term to expire September 30 , 1991 (replacing Carol Burns) . Motion seconded by Councilor Lam, and carried unanimously. The vacant position to replace Roberta Berry was left open for a District 5 representative to apply. Item l0i Moved by Councilor Kirkham that Dewey Paul LeCroy, Jr. , be appointed to the Park Board for a term to expire December 31, 1990 (replacing Enid Moorman) . Motion seconded by Councilor Lam, and carried unanimously. Item 10j Moved by Councilor Kirkham that Jerry Hampton be appointed to the Commission on Aging for a term to expire May 31, 1990. (This vacancy was created by the resignation of Dale Heath. ) i Item 10j Cont'd 422 Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 12: 00 P.M. PASSED AND APPROVED this the day of 1990 . Perry�+ oolsby, Ma or ATTEST: Wilma J. Thomas, CMC/AAE City Clerk