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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 �I 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