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Min 05/15/1990 472 Wichita Falls, Texas Memorial Auditorium Building May 15, 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. Michael Lam Mayor David Farabee Angus Thompson Paul Hughes Councilors J. W. Martin Don Kirkham James Berzina City Manager Gregory D. Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by S. Z. Sandlin, Faith Baptist Church. Mayor Lam presented a proclamation to VFW Post 2147, for Buddy Poppy Month. Item 3 Moved by Councilor Thompson that minutes of the meetings held May 1 and May 8 , 1990, be approved. Motion seconded by Councilor Martin, and carried unanimously. Mayor Lam recognized J. W. Martin and Paul Hughes as new members of the Council. Items 4a - 5j Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Kirkham, and carried unanimously. RESOLUTION NO. 88-90 RESOLUTION APPROVING AGREEMENT FOR EXTENSION, RELOCATION FOR REMOVAL TEXAS UTILITIES ELECTRIC COMPANY FACILITIES FOR THE PHASE III HOLLIDAY CREEK CONSTRUCTION. 473 Item 4b RESOLUTION NO. 89-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF A DRAINAGE EASEMENT TO THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT. Item 4c RESOLUTION NO. 90-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT FOR PHASE III OF THE HOLLIDAY CREEK/LAKE WICHITA DAM PROJECT, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Item 4d RESOLUTION NO. 91-90 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 5 Minutes of the meetings of the following boards and commissions were received. a. Plumbing and Mechanical Board of Adjustments and Appeals - March 29, 1990 b. Commission on Disability - April 2, 1990 C. Traffic Safety Commission - April 4, 1990 d. Board of Electrical Examiners - April 12, 1990 e. Plumbing and Mechanical Board of Adjustments and Appeals - April 16, 1990 f. Zoning Board of Adjustment - April 18, 1990 g. Human Relations Commission - April 24, 1990 h. Library Advisory Board - April 24, 1990 i. City/County Health Board - April 27, 1990 j . Park Board - April 30, 1990 Item 6a ORDINANCE NO. 30-90 ORDINANCE AMENDING ORDINANCE 2-85 OF THE CITY OF WICHITA FALLS TO PROVIDE FOR THE REGULATIONS ON WADING POOLS, SPAS, WHIRLPOOLS AND THE CONSTRUCTION OF PUBLIC AND SEMI-PUBLIC SWIMMING POOLS. Moved by Councilor Kirkham that Ordinance No. 30-90 be passed. Motion seconded by Councilor Hughes. Discussion followed on infant type play pools. The motion carried by the following vote. 474 Item 6a cont'd. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: None Item 6b ORDINANCE NO. 31-90 ORDINANCE APPROVING RATE SCHEDULES CHARGED BY TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY OF WICHITA FALLS. Moved by Councilor Farabee that Ordinance No. 31-90 be passed. Motion seconded by Councilor Hughes. Mayor Lam explained the background of this matter being considered. Mr. Humbach clarified that the rate increase will be denied by the adoption of this ordinance, and the current rates as they exist today will be in force and effect. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: None Item 6c ORDINANCE NO. 32-90 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM CRIMINAL JUSTICE DIVISION, GOVERNOR' S OFFICE, AND MATCHING GRANT REVENUE FROM OTHER GOVERNMENTAL ENTITIES FOR PURPOSES OF DRUG ENFORCEMENT Moved by Councilor Kirkham that Ordinance No. 32-90 be passed. Motion seconded by Councilor Thompson. Discussion followed on clear cut leadership for this program, with Chief Harrelson explaining it will be the district attorneys in this area. The grant will begin in January. Two or three additional officers will be needed. Mr. Berzina explained that we are responsible for putting this in place, but if something happens we will not sign for the grant award. He does not see this City getting stuck with $104,000. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: None 475 Item 7a RESOLUTION NO. 92-90 RESOLUTION AUTHORIZING AGREEMENTS TO PARTICIPATE IN THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE Moved by Councilor Kirkham that Resolution No. 92-90 be passed. Motion seconded by Councilor Thompson. Discussion followed on the procedures to allow other entities to join with this group. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: None Moved by Councilor Kirkham that the City Manager be authorized to accept other entities from the Nortex Region to participate in this drug force, providing they meet their fair share of the expense. Motion seconded by Councilor Martin, and carried unanimously. Item 7b RESOLUTION NO. 93-90 RESOLUTION AUTHORIZING CITY MANAGER TO ACCEPT THE NORTH TEXAS REGIONAL NARCOTICS TASK FORCE/1 GRANT AWARD Moved by Councilor Thompson that Resolution No. 93-90 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7c RESOLUTION NO. 94-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS DECLARING THE CITY OF WICHITA FALLS ' ELIGIBILITY AND INTENTION TO PARTICIPATE IN THE TAX ABATEMENT PROGRAM TO PROMOTE DEVELOPMENT/REDEVELOPMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW i 476 Item 7c cont d. Moved by Councilor Hughes that Resolution No. 94-90 be passed. Motion seconded by Councilor Martin. Mayor Lam noted this is an excellent tool to use to recruit industries. William C. Young, 1018 Widows Lane, appeared regarding this matter, and the size of the employer. Mr. Humbach explained the property will have to be located in the tax reinvestment zone. Lack of jobs will be one of the criterias. It can assist in the expansion of existing industries, or bring in new industries. Determination will be made on a case-by-case basis. Councilor Farabee asked if the extraordinary will include the laying of water lines, and Mr. Humbach explained that it will. The decision remains with the individual taxing entities. They are recommending this board look at the applications, and bring back recommendations. Tax abatement has only been on the books since 1987 . Moved by Councilor Kirkham that the ordinance be amended to eliminate the words "in certain areas of the city" in the ordinance heading. Motion seconded by Councilor Farabee, and carried unanimously. The ordinance, as amended, carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 9: 22, and reconvened at 9:32 a.m. Item 8a Joy Parsons, a member of the Commission on Aging, addressed assistance to persons in their own homes or short- term care in nursing homes. Councilor Kirkham urged her to contact Dennis Wilde, with Nortex. Mrs. Parsons did not believe there would be a requirement for local money. William C. Young handed out information to the Council concerning taxes. 477 Item 8b Councilor Thompson mentioned maintenance on Sheppard Access Road, and urged that beautification work be continued throughout the area. He also complimented the work being done on the lighting for the Emmanuel Davis overpass. He addressed fencing behind the Zenobia Trimble Nursing Home and River Oaks housing. He also suggested a retreat or workshop planning for the City. Councilor Kirkham complimented various departments for work being done. Councilor Farabee noted his pleasure in attending a Celebration of America at Kirby Junior High School. Councilor Hughes expressed his desire to work in serving the City. Councilor Martin expressed concerns of Holliday Creek and drainage problems, along with crime. He noted that we must keep our good relations with Sheppard Air Force Base, stating that the NEJJPT program is vital to our community. Mayor Lam expressed disappointment at the response to the sales tax, but stated they can read this response by the voters, and will go forward from here. They will be a Council who listens to its citizens, and do whatever they think is best for the City. Item 8c Mr. Berzina suggested that a retreat would be very helpful, and if so directed will get a timetable on this. He also noted a letter from Midtown regarding the railroad museum property. The lease has expired, and they have no interest in renewing it. If the Council desires, he will check with the railroad museum people to see if they have any interest in leasing this property for a year to see what they can do. Item 8d The City Council recessed into execute session at 10: 07 a.m. , according to Article 6252-17, Section 2, Paragraph (g) of the Revised Civil Statutes. The meeting reconvened at 3 : 10 p.m. 478 Item 8e Moved by Mayor Lam that Charles Thomas be appointed to fill the vacancy for the unexpired term in District One. Motion seconded by Councilor Hughes, and carried unanimously. Item 8f Moved by Councilor Kirkham that the following be appointed liaisons to boards and commissions. 1 . Aviation Advisory Board - Don Kirkham 2. Park Board - Don Kirkham 3 . Plumbing and Mechanical Board of Adjustments and Appeals - Paul Hughes 4. Human Relations Commission - Angus Thompson 5. Housing Authority - Angus Thompson 6. Arts Commission - J. W. Martin 7. Landmark Commission - J. W. Martin 8 . Library Advisory Board - David Farabee 9. Library Planning Committee - Angus Thompson do David Farabee 10 . Clean Community Commission - Don Kirkham 11. Planning and Zoning Commission - David Farabee 12 . Traffic Safety Commission - Don Kirkham 13 . Youth Activities Advisory Council 0 Michael Lam 14 . Building Board of Adjustments and Appeals - Paul Hughes 15. Zoning Board of Adjustments - David Farabee 16 . City/County Health Board - J. W. Martin 17. MHMR Public Responsibility - Angus Thompson 18 . MHMR Board of Trustees - Angus Thompson 19. Commission on Disabilities - Paul Hughes 20. Nortex 9-1-1 Board - Don Kirkham 21 . Economic Development Steering Committee - Angus Thompson Motion seconded by Councilor Farabee, and carried unanimously. Item 8g Moved by Councilor Kirkham that Larry Gillen be appointed Municipal Judge for a two-year term. Motion seconded by Councilor Thompson, and carried unanimously. Item 8h Moved by Councilor Kirkham that the following be appointed to the Commission on Disabilities. 1. James D. Foster - reappointed 2. Jacelyn L. Hall - reappointed 3 . Harry Gene Newton - reappointed 4. Donna Jane McGough - reappointed 5 . James B. McMahan - reappointed 6. Jeanne Wakeman - reappointed i 479 Item 8h cont'd. 7 . Judy Golden - appointed to replace Stan Tidwell 8 . Empra Roberts - appointed to replace Ricky mcgee 9. Edward Holloway - appointed to replace Donald Lee Rhodes Motion seconded by Councilor Farabee, and carried unanimously. Item 8i Moved by Councilor Kirkham that the following be reappointed to the Board of Electrical Examiners. 1. Randy McCullough 3 . Richard Hicks 2. Dan Shine 4. Jack Riddles Motion seconded by Councilor Thompson, and carried unanimously. Item 8j Moved by Councilor Kirkham that the following be appointed to the planning and Zoning Commission. 1. Tommy Hammond - reappointed 2. Judith Ullum - appointed to replace Howard Morris 3 . Harold Blow - appointed to replace Jim Marshall Motion seconded by Councilor Farabee, and carried unanimously. Item 8k Moved by Councilor Kirkham that the following be appointed to the Commission on Aging. 1. Herb Taber - reappointed 2. Patricia A. Taylor - reappointed 3 . James H. McIntyre - reappointed 4. Jerry Hampton - reappointed 5. Gloria Mozzo - reappointed 6 . Eugenia Tickle - appointed to replace Penny McDonald 7 . Betty Brown - appointed to replace Keith McFatridge Motion seconded by Councilor Farabee, and carried unanimously. Item 81 Moved by Councilor Kirkham that the following be appointed to the Arts Commission. 1 . Heather Tedford - reappointed 2. Luther Breckenridge - reappointed 3 . Ann Smith - reappointed 4. Richard L. Kulka - reappointed 480 Item 81 cont'd. 5 . Ray Davidson - appointed 6 . Nancy Purcell - appointed 7. Dr. June Kable - appointed 8 . June Holoubek - appointed 9. Brenda Jarrett - appointed to replace Shirley Mathews 10. Sharon Roach - appointed to replace Carolyn Sanders 11 . Polly Jones - appointed to replace Lynn Marshall 12 . Dannie Russell - appointed to replace Cathryn Whaling Motion seconded by Councilor Martin, and carried unanimously. Item 8m Moved by Councilor Kirkham that the following be appointed to the Human Relations Commission. 1. Mona Bawgus - appointed to replace Brenda Andrews 2. Clifford Brannon - appointed to replace Arthur Bea Williams Motion seconded by Councilor Thompson, and carried unanimously. Item 8n Moved by Councilor Kirkham that appointments to the Building Board of Adjustments and Appeals be tabled. Motion seconded by Councilor Farabee, and carried unanimously. Item 8o Moved by Councilor Kirkham that appointments to the Mayor' s Commission on the Status of Women be tabled. Motion seconded by Councilor Farabee and carried unanimously. Item 8p Moved by Councilor Kirkham that Bud Burch be appointed to the Nortex 9-1-1 Communications District. Motion seconded by Councilor Thompson and carried unanimously. 481 Item 8q Moved by Councilor Kirkham that the following be appointed to the Traffic Safety Commission. 1. Major John Osoinach - appointed to replace John Gault 2. Darryl Cagle - appointed to replace Connolly O'Brien Motion seconded by Councilor Hughes, and carried unanimously. The City Council adjourned .att® 3 : 25 p.m. PASSED AND APPROVED this -�lti day of 1990. Michael Lam, Mayor ATTEST: r Wilma J. Thomas, CMC/RAE City Clerk