Min 03/03/1990 444
Wichita Falls, Texas
Memorial Auditorium Building
April 3, 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
Bill Sullivan Assistant City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Paul Goodrich, Floral
Heights United Methodist Church.
Item 3a
Ronald Gould, of the Public Transportation Department,
was honored as Employee of the Month for April. Mayor
Goolsby presented him with a plaque, City of Wichita Falls
pin, and two tickets each to a theatre and dinner.
Mayor Goolsby presented proclamations on Week of the
Young Child, Income Tax Day, Child Abuse Prevention Week,
Vista Cablevision Day, and Weight Loss Month.
Item 3b
Jim Snowden presented the Library Planning Committee
report to the Council, stating they were asked to study the
issue of library services, and how they relate to the
community. The final action of the committee presented
options pertaining to population of services, and
preservation. The committee was allowed to do the work they
were asked to do without interference from the Council.
Mayor Goolsby noted that they have followed their work
very closely through the media, and have received a great
amount of communication from the public, noting a bond issue
would be needed.
Councilor Lam inquired if the committee had met with
the Historical Society, and Mr. Snowden stated they had not
formally met with them, but had met with them in some
informal ways.
Councilor Farabee asked about the quality of services
for children, and outside donations for construction
purposes. It was noted that operating expenses would also
go up.
445
Item 4
Moved by Councilor Thompson that the minutes of the
meeting held March 20, 1990, be approved.
Motioned seconded by Councilor Buffum.
Councilor Farabee noted a correction of the vote in
Item 10b, stating the minutes correctly reflect that he and
Councilor Thompson did not vote on this issue, but their
names were listed as voting.
The motion, with the correction, carried unanimously.
Items 5a - 9f
Item 7a was moved to the regular agenda.
Moved by Councilor Lam that the consent agenda be
approved.
Motion seconded by Councilor Palmer, and carried
unanimously.
Item 5a
ORDINANCE NO. 20-90
ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF
ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT
SHOW AT THE NOTRE DAME HIGH SCHOOL 14TH ANNUAL
SPRING FESTIVAL ON MAY 4-6, 1990 AND AUTHORIZING
TEMPORARY ON-PREMISE SALE OF WINE AND BEER
PURSUANT TO SECTION 5420( 5) OF THE ZONING
ORDINANCE
Item 6a
RESOLUTION NO. 64-90
RESOLUTION SETTING FEES FOR CODE OF ORDINANCES AND
CITY CHARTER
Item 6b
RESOLUTION NO. 65-90
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION
OF RIGHT-OF-WAY FOR A BRIDGE ON FM 2380 AT
HOLLIDAY CREEK, APPROVING THE APPRAISALS, SETTING
JUST COMPENSATION, AND AUTHORIZING PURCHASE OR
CONDEMNATION
Item 7b
The bid for estimated annual requirements of herbicide
was awarded to Estes Chemical in the amount of $20, 280.
446
Item 8a
RESOLUTION NO. 66-90
RESOLUTION TO ACCEPT PAINTING AND GENERAL REPAIRS
PROJECT AT JASPER STREET WATER TREATMENT PLANT AND
AT LAKE ARROWHEAD PUMP STATION AS COMPLETE AND
AUTHORIZE FINAL PAYMENT TO CONTRACTOR
Item 9
Minutes of the meetings of the following boards and
commissions were received.
a. Water Resources Commission - March 2, 1990
b. Plumbing and Mechanical Board of Adjustments
and Appeals - March 5, 1990
C. Commission on Aging - March 7, 1990
d. Board of Electrical Examiners - March 8, 1990
e. Planning and Zoning Commission - March 14, 1990
f. Arts Commission - March 14, 1990
Item 7a
RESOLUTION NO. 67-90
AWARD OF BID TO ZACK BURKETT CONSTRUCTION COMPANY
FOR THE POLICE PARKING LOT OVERLAY PROJECT
Moved by Councilor Kirkham that Resolution No. 67-90 be
passed.
Motion seconded by Councilor Thompson.
Councilor Kirkham questioned reasons for this bid being
over the estimate. Mr. Bonnett explained that it is
difficult to make exact estimates, and that a ten percent
plus or minus is not a bad estimate. There is a 30-day
completion date on this job. Penalties for not meeting the
deadline were also mentioned.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Palmer, and Buffum
Nays: Councilor Kirkham
Item 10a
A proposed ordinance was presented waiving Section
22-1(A) ( 2) and Section 22-a(A) ( 9) of the Code of Ordinances
to permit driving on the grass and the posting of signs in
Jaycee Park on July 4, 1990 . A motion was made by Councilor
Buffum, and seconded by Councilor Palmer, for its passage.
Councilor Buffum noted this event will draw a very
large crowd, commenting on damage to the park for this
worthwhile event. Councilor Kirkham questioned that the
Park Board was not involved in this, and Mr. Murphy stated
that the company made a request that it come straight to the
Council.
447
Item 10a Cont'd
Dwayne Lammers, new General Manager of KFDX-TV, stated
they did not have any problems with it going to the Park
Board, but it may slow down the process. They are not
trying to circumvent anyone' s authority. Councilor Kirkham
felt the City should be a non-financial participant in this
event. Mr. Berzina stated we had been involved in some
manner at Sikes, and the same kind of involvement is
anticipated here.
Mr. Lammers noted that their first choice was the
stadium, and they were afraid of the trees in Lucy Park.
They sought Mr. Murphy' s advice on which park would be used.
Councilor Buffum also expressed concern that the Park Board
be involved in this decision. He recommended it be tabled
and brought to the Park Board.
Discussion continued on tabling this matter for review
by the Park Board at a special meeting.
Moved by Councilor Buffum that this matter be tabled
for the Park Board to review, and bring it back to the next
Council meeting.
Motion seconded by Councilor Kirkham.
Further discussion continued, and Councilor Lam called
the question. It carried unanimously.
The motion to table carried by the following vote.
Ayes: Mayor Goolsby, Councilors Thompson, Palmer,
Buffum, and Kirkham
Nays: Councilors Farabee and Lam
Item 10b
ORDINANCE NO. 21-90
ORDINANCE AMENDING PORTIONS OF CHAPTER 151 FLOOD
DAMAGE PREVENTION, WICHITA FALLS CODE OF
ORDINANCES, TO AMEND AND ADD CERTAIN DEFINITIONS,
AMEND VARIANCES FOR HISTORIC STRUCTURES, AMEND
STANDARDS FOR ENCLOSURES, AND MANUFACTURED HOMES,
ESTABLISH STANDARDS FOR RECREATIONAL VEHICLES, AND
AMEND FLOODWAY REGULATIONS
Moved by Councilor Palmer that Ordinance No. 21-90 be
passed.
Motion seconded by Councilor Thompson.
John Barnes, owner of Shady Park Mobile Home Park on
Fifth Street, requested that a change be made pertaining to
recreational vehicles to provide for location there less
than 180 days, or be fully licensed.
Mr. McKinney explained that this definition was tied to
a flood plain decision. He would come back with a
housekeeping change.
The motion carried by the following vote.
i
448
Item 10b Cont'd
Ayes: Mayor Goolsby, Councilors Farabee, Lam
Thompson, Palmer, Buffum and Kirkham
Nays: None
I
Item 10c
A proposed ordinance was presented waiving Section 22-
A( 9 ) , Section 22-3 and Section 22-4 of the Code of
Ordinances, and Resolution 2509, as amended, to permit the
posting of signs, overnight camping, sale and consumption of
beer, and exemption of the 16 percent of gross sales for an
arts event in Hamilton Park on May 11-12, 1990. A motion
was made by Councilor Buffum, and seconded by Councilor
Kirkham, for its passage.
Discussion centered around waiver of the percentage of
gross sales, and the precedent it would set.
Moved by Councilor Palmer that the waiver of the 16
percent gross sales be deleted from the ordinance.
Motion seconded by Councilor Buffum.
Councilor Kirkham noted that he did not remember this
coming before the Park Board, and he moved to table the
ordinance.
Motion seconded by Councilor Thompson.
Mr. Berzina addressed the situation of always going
through the Park Board, stating it may take away some
discretion the Park Director has. He does not want to
hamstring the Park Director.
Councilor Buffum commented on the difference between
the two items discussed this morning. Councilor Kirkham
related that this situation came up previously, and a motion
was made that all such requests would be presented to the
Park Board. He would like to have another opinion on
overnight camping in the park, and waiving the 16 percent
gross sales.
The motion to table carried by the following vote.
Ayes: Mayor Goolsby, Councilors Thompson,
Palmer, Buffum, and Kirkham
Nays: Councilors Farabee and Lam
Mr. Berzina noted that at some point he would like to
talk to the Council about these matters.
The City Council recessed at 10: 00, and reconvened at
10: 15 .
449
Item 10c Cont'd
Mayor Goolsby recognized Gayla Morris, and seven
concerned citizens who spoke in favor of preserving the Kemp
Library, and upgrading it.
Connie Leonard, a teacher at Kate Haynes, suggested
that the Kemp Library be restored, and establish a branch in
the Sikes Senter area.
Nancy Purcell, Wichita County Heritage Society, spoke
in favor of retaining Kemp Library because of its valuable
uniqueness.
Mike Bradshaw, Executive Director of Midtown, supported
the Kemp Library as the main public library.
Gloria Taylor spoke of support of the East side by the
entire city, stating there was formerly a library on the
East side. It was moved in 1968. They now have access to
the Kemp Library. If it is moved, many of their children
would not have the ability to go across town, and she
requested it not be moved.
Jerry Nabors, co-owner of Graphics II, stated that he
wanted the Kemp Library to be maintained as a historic
structure.
Greg Muehlberger stated that the Kemp Library is paid
for, and is a functioning library with historic semblance of
our city. When we look at the practicality of what Wichita
Falls can afford, it would seem that we are left with the
sensible alternative of using the library that is paid for,
and add on to it if we can afford it.
Nancy Sherrill represented the Library Steering
Committee of the Heritage Society, stating they want the
best possible library for our city. They believe it would
be difficult to pass a realistic bond issue. She suggested
we use an asset we can renovate, and improve it as we can
afford. The annual operating budget could be increased to
keep it moving forward. They favor retention of Kemp as the
main library, and support another smaller branch.
Item lla
RESOLUTION NO. 68-90
RESOLUTION APPROVING APPLICATION OF POLICE
DEPARTMENT FOR REGIONAL DRUG ENFORCEMENT OFFICER
GRANT
Moved by Councilor Buffum that Resolution No. 68-90 be
passed.
Motion seconded by Councilor Thompson.
Chief Harrelson explained the reason for this grant
request through Nortex, stating they are having some
difficulties getting commitments from other entities. With
participation, it will serve the entire region. The Council
encouraged other entities to participate with us.
The motion carried by the following vote.
450
Item lla Cont'd
Ayes: Mayor Goolsby, Councilors Farabee, Lam
Thompson, Palmer, Buffum and Kirkham
Nays: None
Item llb
RESOLUTION NO. 69-90
RESOLUTION AUTHORIZING POLICE DEPARTMENT TO MAKE
GRANT APPLICATION FOR ADMINISTRATIVE NARCOTICS
OFFICER
Moved by Councilor Farabee that Resolution No. 69-90 be
passed.
Motion seconded by Councilor Kirkham, and carried by
the following vote.
f Ayes: Mayor Goolsby, Councilors Farabee, Lam
Thompson, Palmer, Buffum and Kirkham
Nays: None
Item llc
i
RESOLUTION NO. 70-90
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
GOLF COURSE CONTRACT AMENDMENT NUMBER FIVE WITH
j RECREATIONAL SERVICES, LTD. FOR PURPOSES OF
PROVIDING RAW WATER TO WEEKS PARK GOLF COURSE FOR
COURSE IRRIGATION
Moved by Councilor Palmer that Resolution No. 70-90 be
passed.
Motion seconded by Councilor Farabee.
Various questions were raised about maintenance and
services, which were answered by Marty Streiff. Some
discussion occurred on the possibilities of a driving range.
f
The motion carried by the following vote.
I
Ayes: Mayor Goolsby, Councilors Farabee, Lam
Thompson, Palmer, Buffum and Kirkham
Nays: None
Item 12a
RESOLUTION NO. 71-90
AWARD OF BID TO LYDICK ROOFING COMPANY FOR THE
REROOFING OF WICHITA FALLS ACTIVITIES CENTER
Moved by Councilor Lam that Resolution No. 71-90 be
passed.
Motion seconded by Councilor Palmer, and carried by the
following vote.
451
Item 12a Cont'd
Ayes: Mayor Goolsby, Councilors Farabee, Lam
Thompson, Palmer, Buffum and Kirkham
Nays: None
Item 13a
Gilberto Castellanos, a HUD representative, presented a
3
certificate of recognition for outstanding performance in
minority business enterprise.
Item 13b
Andrew Litonenko, 1004 Fell Lane, complained about an
animal control situation at his home, stating he felt they
should show more courtesy to the citizens of Wichita Falls.
He related an incident where they picked up his dog, which
had inadvertently got out of the yard, but was standing at
the gate wanting back in. Mr. Berzina explained he would
look into the situation and call him back with a report on
what the employee saw. He will carry the citizen friendly
message to the Health Department.
William C. Young, 1018 Widows Lane, mentioned no
parking signs in the 1300 and 1400 blocks of Borton Lane,
stating there are none in the 1500 block. Mayor Goolsby
noted that the only direction they can give is to see that
the ordinance is applied uniformly. Mr. Berzina stated he
would go out with a traffic person, and look at the
situation.
Item 13c
Councilor Buffum noted he had met with the Southland
Homeowners Association, stating the cafeteria was nearly
full.
Councilor Palmer related a complaint from a merchant in
Albertson Plaza concerning skateboards on the sidewalk,
stating he feels something needs to be done about protecting
people on sidewalks. The police need some tool for
enforcement. Mr. Berzina explained that another
consideration will be whether it is public or private
property. Councilor Palmer would like to look at it from
the point of public sidewalks.
Councilor Farabee mentioned the ordinance requiring
dogs to have a license. He also requested that anyone
having a question about the one-half cent sales tax could
contact any member of the Council.
N
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452
h
Item 13c Cont'd
Councilor Kirkham noted a meeting be attended at the
Wichita County Extension Service to formulate a five-year
plan of objectives. He hopes the County Agent will pursue
this. He also mentioned their trip to Washington on McGrath
Creek funds, stating they were able to visit every office
they wanted to see.
Councilor Thompson noted crime in certain
establishments which can be closed down, and enforcement of
same. He also requested recreational programs in Washington
School. He also addressed parking problems.
Mayor Goolsby asked that we take a look at what can be
done about clearing up the muddy water at the waterfall.
Mr. Berzina noted it was looked at during construction. He
will get the report and update it for an action item at the
next meeting. Mayor Goolsby stated a drawing of how it
would look would be helpful. He understands it will not
flow over all levels. Mr. Berzina stated it would go over
the first two levels. When the river is high it covers the
third level.
Mayor Goolsby commented on the fine reports he has
received on the presentation by Councilor Kirkham during the
visit to Washington. $300,000 will remain in the budget for
an engineering study. The City requested it be increased to
$600 ,00 to begin some construction.
Mayor Goolsby noted the availability of brochures with
questions and answers on economic development. We need to
inform the public of the need for this proposition on the
ballot.
No information was presented under Item 13d.
Item 13e
The City Council recessed into executive session at
11: 36 a.m. , according to Article 6252-17, Section 2,
Paragraphs (e) and (g) of the Revised Civil Statutes. The
meeting reconvened at 11: 50 a.m.
Item 13f
No action was taken on appointment to the Civil Service
Commission as no applications had been received.
453
Item 13g
Moved by Councilor Kirkham that the following be
appointed to the Traffic Safety Commission.
a. Michael Schneider e. Dickie C. Sipes
b. William Barnes f. Connolly O'Brien
C. Irma Mascari g. John Gault
d. Mrs. Dawn Williams (replacing Eddie McCauley)
Motion seconded by Councilor Thompson, and carried
unanimously.
Moved by Councilor Kirkham that Larry Davis, Wallace
Picht (both from District 3 ) , and Dewey Nicholson (District
4) be appointed as Alternate members of the Traffic Safety
Commission.
Motion seconded by Councilor Buffum, and carried
unanimously.
A Bicycling Club alternate is still needed.
The City Council adjourned at 11: 55 a.m.
PASSED AND APPROVED this �L day of
1990.
Perry IOU
ols Mayo
ATTEST:
-L
Wilma J. homas, CMC/AAE
City Clerk