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Min 04/17/1990 454 Wichita Falls, Texas Memorial Auditorium Building April 17, 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 D. Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Councilor Palmer. Mayor Goolsby presented a proclamation to the Sunrise Optimist Club for Optimist Bike Safety Week. Item 3 Moved by Councilor Buffum that minutes of the meeting held April 3 , 1990, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 4a - 7g Moved by Councilor Kirkham that the consent agenda be approved. Motion seconded by Councilor Palmer, and carried unanimously. Item 4a RESOLUTION NO. 72-90 RESOLUTION NAMING REPLACEMENT PRESIDING JUDGE AND ALTERNATE JUDGE FOR MAY 5, 1990 CITY ELECTION. Item 4b RESOLUTION NO. 73-90 RESOLUTION AUTHORIZING THE CONVEYANCE OF A PARCEL OF CITY-OWNED RIGHT-OF-WAY TO THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE FM 2380 BRIDGE PROJECT. 455 Item 4c RESOLUTION NO. 74-90 RESOLUTION APPROVING THE EIGHTH AMENDMENT WITH HCR CAR RENTALS AND THE SIXTH AMENDMENT WITH METRO RENTAL, INC. , AND EXTENDING THE LEASE EXPIRATION DATE UNTIL DECEMBER 31, 1990. Item 4d RESOLUTION NO. 75-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #5900-000-7254. Item 4e RESOLUTION NO. 76-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR PHASE III OF THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Item 5a RESOLUTION NO. 77-90 AWARD OF BID TO BOBBIE D. HAYNES CONSTRUCTION COMPANY FOR THE CDBG HANDICAP ACCESS PROJECT. Item 6a RESOLUTION NO. 78-90 RESOLUTION TO ACCEPT THE CDBG WOLCOTT STREET RECONSTRUCTION PROJECT AND AUTHORIZE FINAL PAYMENT TO SUR-FLOW UTILITIES, INC. Item 7 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - March 7, 1990 b. Plumbing and Mechanical Board of Adjustments and Appeals - March 19, 1990 C. Kemp Public Library Advisory Board - March 27, 1990 d. Park Board - March 22, 1990 e. Commission on Disability - April 2, 1990 f. Human Relations Commission - March 27, 1990 g. Clean Community Commission - March 12, 1990 456 Item 8a ORDINANCE NO. 22-90 AN ORDINANCE AMENDING A PORTION OF CHAPTER 30 MOBILE HOMES, MOBILE HOME PARKS, AND MOBILE HOME SUBDIVISIONS, WICHITA FALLS CODE OF ORDINANCES, TO AMEND THE REGULATIONS FOR TRAVEL TRAILERS AND RECREATIONAL VEHICLES. Moved by Councilor Thompson that Ordinance No. 22-90 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 8b ORDINANCE NO. 23-90 ORDINANCE WAIVING SECTION 22-1(A) ( 2) AND 22- 1(A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT DRIVING ON THE GRASS AND THE POSTING OF SIGNS IN JAYCEE PARK ON JULY 3, 1990. Moved by Councilor Farabee that Ordinance No. 23-90 be passed. Motion seconded by Councilor Kirkham. Mr. Murphy indicated that the Park Board supported this event in Jaycee Park. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 8c A proposed ordinance was presented waiving Section 22-1(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 sixteen percent of gross sales for an arts event in Hamilton Park on May 11-12, 1990. A motion was made by Councilor Lam, and seconded by Councilor Kirkham, for its passage. Moved by Councilor Buffum that the ordinance be amended to delete the sixteen percent exemption of gross sales. Motion seconded by Councilor Kirkham, and carried unanimously. 457 Item 8c cont'd Councilor Kirkham expressed concern over the enforcement of overnight camping. A permit was discussed. Moved by Councilor Kirkham that the ordinance be amended to include that the requirement of an approved permit be included. Motion seconded by Councilor Farabee, and carried unanimously. ORDINANCE NO. 24-90 ORDINANCE WAIVING SECTION 22-1(A) ( 9) , SECTION 22-3 AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT THE POSTING OF SIGNS, OVERNIGHT CAMPING, AND SALE AND CONSUMPTION OF BEER FOR AN ARTS EVENT IN HAMILTON PARK ON MAY 11-12, 1990. The motion for passage of Ordinance No. 24-90, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 9a RESOLUTION NO. 79-90 A RESOLUTION APPROVING A CONDITIONAL USE APPEAL FOR A RECYCLING CENTER AT 4905 SOUTHWEST PARKWAY, WICHITA FALLS, TEXAS. Moved by Councilor Palmer that Resolution No. 79-90 be passed. Motion seconded by Councilor Lam. Jack Lavy, 4672 Bunny Run, urged the Council to uphold the ruling of the Planning and Zoning Commission on the proposed recycling center at 4905 Southwest Parkway. He opposed the center because it is still an eyesore, even though some changes have been made. He also opposed the noise, the portable building, and also stated that two cedar trees is not landscaping. He opposed it because it does not meet the requirements of the zoning ordinance. He noted that he is not opposed to recycling, nor the operators of the Center. Mr. McKinney explained the recommendations of the staff and Planning and Zoning Commission, stating the Planning and Zoning Commission disapproved it by a vote of six to one. At that time, some of the changes had not been made on the site, as proposed by the staff. Mr. Lavy stated this operation has been at that location since January or February. The first opportunity to oppose it was in March. Mr. McKinney explained that a six-foot fence is required to be permanently affixed to the property. It is sitting on the parking lot, but does not know whether it is bolted to the parking lot. Containers can be seen above the fence. Further discussion continued. i 458 Item 9a cont'd Giola Ozuna mentioned the recycling center on the expressway, stating that noise is a problem anywhere you live. George Elliott, 4666 Briarwood, opposed this location, stating the fence and some shrubs were put up, but he did not see any means of sanitation whatsoever. Mrs. Elliott stated they were promised if they built their houses back after the tornado that the City would help them maintain their property. She feels it is still totally unacceptable, stating the big trailer still stands above the fence. Charles Howard, 1802 Tanglewood, and David DeLong appeared. Mr. Howard stated this is not a recycling center, but is used as a buy-back location, and then taken to the recycling center. The machine is only a separator for aluminum and steel. Further discussion continued. Mayor Goolsby explained that the Council has a real concern about protecting neighborhoods, and he sees that more and more attention will have to be given to recycling. He noted that people are using this center. Moved by Councilor Buffum that the resolution be amended to require that the crushing and mechanical separation operations shall not be performed at this site. Motion seconded by Councilor Farabee, and carried unanimously. the motion for passage of the resolution, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Mayor Goolsby urged the operators of the recycling center to go beyond the call of duty in the operation of this center because a conditional use can be withdrawn. Item 9b RESOLUTION NO. 80-90 RESOLUTION TO APPROVE CONTRACT WITH SHEPPARD AIR FORCE BASE FOR THE TREATMENT OF SEWAGE AT THE NORTHSIDE WASTEWATER TREATMENT PLANT. Moved by Councilor Thompson that Resolution No. 80-90 be passed. Motion seconded by Councilor Lam. Mr. Bonnett explained that it was contracted in the past that the City would take the sewage from Sheppard Air Force Base, as a part of the grant. He further explained that we are sized to handle the maximum flow. Any 459 Item 9b cont'd additional requirements placed on us by the EPA will be shared by Sheppard. They become a customer just like anyone else. Councilor Thompson was concerned that the citizens understand this contractual arrangement. Mr. Bonnett also addressed toxic material in relation to this contract. Mr. Berzina noted that Sheppard is as interested in this as we are. Mr. Gross explained that Sheppard will ultimately dismantle their facility, according to Wayne Fowler, of Sheppard Civil Engineering Section. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 9c RESOLUTION NO. 81-90 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS. Moved by Councilor Lam that Resolution No. 81-90 be passed. Motion seconded by Councilor Palmer, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 10a RESOLUTION NO. 82-90 RESOLUTION TO AWARD BID FOR WINDTHORST/RATHGEBER ROAD WATER SYSTEM. Moved by Councilor Thompson that Resolution No. 82-90 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None The City Council recessed at 9: 45, and reconvened at 10: 00 . i j 460 Item lla RESOLUTION NO. 83-90 RESOLUTION TO APPROVE A STUDY AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WICHITA FALLS, TEXAS FOR THE PLUM CREEK FEASIBILITY STUDY. Moved by Councilor Kirkham that Resolution No. 83-90 be passed. Motion seconded by Councilor Buffum. Councilor Kirkham expressed concern about the lobbying part of it. Mr. Bonnett stated that the lobbying portion is a new requirement. Federal funds cannot be used to hire lobbyists. There is a provision in the statutes which indicate that no report is required if you have been an employee of the City over one hundred thirty days. No additional certifications will be required after the initial certification. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item llb City Engineer Bill Parker explained they have studied options for improvements to the waterfall to try to prevent muddy water going over it. He presented existing conditions, stating they first plan on cleaning out siltation in pools one and two, fill it with sand, and put in four inches of concrete. We could also have an effective lighting system. He explained they propose to slope the concrete to the drain line, and have a pump in the existing wet well, which would cycle twice a day. He explained the engineering required in order to accomplish these improvements. The down side to this is the estimated cost of $78 ,000. The pump would only be used during high turbulent water. He noted that a closed loop system would be more costly. Mr. Bonnett explained that the line was installed during construction in case the Council later wanted to use the re-circulating system. Experience has now shown that it will not work, with the silt problem as it is. Councilor Kirkham noted the problem of people not using the steps at the falls. Item llc Steve Goen, 901 North Brook, appeared in regard to a proposed railroad museum, stating they have received notice that three pieces of railroad equipment will be arriving in Wichita Falls, and four pieces of equipment are stranded in Conoco Park. 461 Item llc cont'd Discussion was held on the possibility of the City writing some letters to the State Highway Department or to some appropriate sources to secure more time prior to them asphalting across the tracks leading to this park. The City Council also urged Mr. Goen to organize a campaign with Mike Bradshaw, and set a time table, to raise funds for the railroad museum, and go to groups to ask for money. Mr. Berzina suggested the Railroad Museum Group might want to take a lease on the City' s lots in the downtown area after May 16, to see if they can come up with a plan. Mr. Humbach explained that the Constitution would prohibit expenditure of public funds for a private purpose. John Griner, 1600 Sumner Terrace, asked that any complaints about East Lynwood Park be referred to and evaluated by the Director of Parks and Recreation. Councilor Lam commented that he feels Mr. Griner needs to know that the Council cannot stop everyone else from coming to them to talk. Mrs. Prince, 1115 Thompson Road, expressed concern about water surrounding her house from the Denver Tank. Mr. Berzina stated he would get a report on it. Mr. Bonnett explained that a drainage problem would need to be handled under capital improvements, and it is very expensive. Mrs. Prince will be furnished a copy of the report. John Barnes, owner and operator of Shady Park Mobile Home Park, protested that the City' s RV Park is in competition with private RV parks. He made some suggestions on options for the RV Park. Councilor Lam noted that the only one he believed could be considered would be to lease the park to private enterprise. Mr. Berzina explained the purpose of locating the RV park there as an adjunct to Lucy Park, and the honor system of paying has not been a bad call. He stated that cities are in competition in many areas of service. Mayor Goolsby commented on many calls from people wanting to retain this park. Travelers seem to feel very good about the service being provided. Item lld Councilor Thompson commented on the response to the trash pick-up. Mr. Berzina stated there has been some abuse to this program in buildings torn down, and also tree limbs. Councilor Thompson also mentioned the report from Chief Harrelson on drug traffic. 1 462 Item lld cont'd Councilor Kirkham commented on completion of the Seventh Street railroad crossing, stating the East side is not unique in this situation. He feels it should be a part of the budget system, and done more often. Councilor Farabee urged citizens to take advantage of absentee voting if they are going to be out of town, stating voting can be done in the City Clerk' s office through May 1, 1990. Councilor Buffum noted the trash pick-up in his district. He also mentioned a back log of pot holes because the Street Department has not been able to do anything except pick up trash. He also commented on work being done on McGrath Creek in conjunction with Holliday Creek. Mayor Goolsby requested an agenda item on May 1, 1990, concerning the soccer team to Furstenfeldbruk, our sister city, in June. We have been requested to furnish the transportation to Dallas in the amount of about $796. He suggested that the Mayor and Mayor Pro-Tem should also accompany the team to Furstenfeldbruk as an official visit to our sister city. Item lle Mr. Berzina stated that it is time to consider the second generation non-annexation agreements which will expire at the end of this year. He stated that Vitek is not the same now, and they may not be recommending a third generation agreement with them. Mr. Berzina also stated that if Council members want to have any kind of economic development meetings in their districts, the staff will work with them. He also noted several billboards sponsored for Proposition Jobs. The meeting adjourned at 11: 48 a.m. �n PASSED AND APPROVED this day of ✓%�<� , 1990. Perry 156olsbyl May ATTEST: �2 Wilma J. Thomas, CMC/AAE City Clerk