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Min 06/05/1990 482 Wichita Falls, Texas Memorial Auditorium Building June 5, 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 Charles Thomas 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 Elaine Dean, Greater Life Christian Church. Item 3 The oath of office was administered to Charles Thomas, for Councilor District One, by City Clerk Wilma Thomas. Item 4a Mayor Lam presented Joyce Waggoner, a Tax Department employee, with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner, as the June employee of the month. , Proclamations were presented to Dr. Ted Alexander, Sr. , Wichita County Mounted Patrol, and to Steve Rhone, for participation in the national finals of the National Spelling Bee for the third year. Item 4b Mayor Lam recognized City Clerk Wilma Thomas for the 1990 Quill Award she recently received from the International Institute of Municipal Clerks, for significant and exemplary contributions to her profession, to IIMC, and to her peers. He commended Mrs. Thomas, stating she is doing a good job. Mayor Lam congratulated Councilor and Mrs. Farabee on the birth of their new son. 483 Item 5 Moved by Councilor Kirkham that minutes of the meeting held May 15, 1990, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 6a - 10f Items 6b, 7b, and 7e were moved to the regular agenda. Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried unanimously. Item 6a ORDINANCE NO. 33-90 ORDINANCE WAIVING SECTION 5-14 OF CHAPTER 5 OF THE WICHITA FALLS CODE OF ORDINANCES TO PERMIT A KENNEL TO HOUSE UP TO 49 DOGS AND/OR CATS AT 100 WALNUT. Item 7a RESOLUTION NO. 95-90 RESOLUTION TO GRANT SEWER LINE CONSTRUCTION LICENSE TO SHEPPARD AIR FORCE BASE TO PERMIT CONSTRUCTION OF A SEWER LINE TO CONNECT TO THE NORTHSIDE WASTEWATER TREATMENT PLANT. Item 7c RESOLUTION NO. 96-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #4103-023-0000. Item 7d RESOLUTION NO. 97-90 RESOLUTION APPROVING AND AUTHORIZING A LEASE CONTRACT WITH THE WICHITA FALLS BOAT CLUB FOR A LOT ON NORTH SIDE OF LAKE WICHITA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LEASE CONTRACT. Item 7f RESOLUTION NO. 98-90 RESOLUTION WAIVING PAYMENT OF A PERCENTAGE OF GROSS SALES TO CITY DURING FALLSFEST ON JUNE 14- 17, 1990, IN LUCY PARK. 484 Item 8a RESOLUTION NO. 99-90 RESOLUTION AWARDING BID TO DUKE CONSTRUCTION COMPANY FOR THE 1989-1990 ALLEY REHABILITATION AND SCOTLAND SEWER SERVICE CONNECTION PROJECT. Item 8b RESOLUTION NO. 100-90 RESOLUTION TO AWARD BID TO MCGRATH BROTHERS CONCRETE FOR CONCRETE REPAIR PROJECT AT THE NORTHSIDE WASTEWATER TREATMENT PLANT. Item 8c The bid for 1,000 gallons of malathion concentrate for mosquito control was awarded to American Cyanamid Company in the amount of $16. 67 per gallon. Item 9a RESOLUTION NO. 101-90 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE CDBG SCOTLAND PARKING LOT PROJECT. Item 9b RESOLUTION NO. 102-90 RESOLUTION TO ACCEPT 1989 BUDGET PROGRAM SANITARY SEWER IMPROVEMENT PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR. Item 10 Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - May 2, 1990 b. Commission on Disability - May 7, 1990 C. Planning and Zoning Commission - May 9, 1990 d. Board of Electrical Examiners - May 10, 1990 e. Zoning Board of Adjustment - May 16, 1990 f. Library Advisory Board - May 22, 1990 485 Item 6b ORDINANCE NO. 34-90 ORDINANCE WAIVING SECTIONS 22-1(a) ( 2) , 22-1(a) ( 9) , 22-1(a) ( 10) , 22-3 , 22-4 AND 16-16 OF THE CODE OF ORDINANCES TO ALLOW DRIVING OF VEHICLES, MAINTENANCE OF HORSES AND COWS, PLACEMENT OF COMMERCIAL ADVERTISING, MAINTENANCE OF OVERNIGHT SECURITY, CONSUMPTION OF WINE AND BEER, AND ISSUANCE OF PERMITS FOR FOOD BOOTHS WITHOUT PAYMENT OF PERMIT FEES FOR FALLSFEST TO BE HELD AT LUCY PARK JUNE 14 THROUGH 17, 1990. Moved by Councilor Thomas that Ordinance No. 34-90 be passed. Motion seconded by Councilor Hughes. Giola Ozuna, 1507 Bell, complained about the park being messed up with this event. Jack Murphy, Parks Director, explained that this is the same procedure we have gone through in the past. He noted that the beautification award did not apply to Lucy Park, but street medians and urban beautification. Mayor Lam commented that the community does a good job in taking care of this property. Councilor Thomas noted that the Parks Department is co-sponsor of this event. Councilor Martin inquired if they have ever provided us with a certification of insurance, and Mr. Berzina explained that they haven' t, since we are a co-sponsor. Councilor Martin requested that the City Attorney look into the matter. The question was called by Councilor Thompson, seconded by Councilor Kirkham, and carried unanimously. The motion for passage of the ordinance carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7b RESOLUTION NO. 103-90 RESOLUTION TO APPROVE GRANTING OF RIGHT-OF-WAY EASEMENT TO THE CITY OF OLNEY, TEXAS FOR A WATER LINE ACROSS CITY-OWNED LANDS AT LAKE KICKAPOO, TEXAS. Councilor Thomas confirmed that this is the same basic easement previously established. Moved by Councilor Hughes that Resolution No. 103-90 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. i 486 Item 7b cont'd Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7e RESOLUTION NO. 104-90 RESOLUTION APPROVING TRANSFER OF CITY' S AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982 ENTITLEMENT FUNDS IN THE AMOUNT OF $400,000 TO OLNEY MUNICIPAL AIRPORT. Moved by Councilor Kirkham that Resolution No. 104-90 be passed. Motion seconded by Councilor Thompson. Councilor Kirkham wished the Mayor and people of Olney good luck with their project. The Olney Mayor expressed appreciation for sharing these funds with them. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item lla ORDINANCE NO. 35-90 ORDINANCE REZONING A PORTION OF WICHITA FALLS ATHLETIC COMPLEX, BLOCK 1, WICHITA FALLS, TEXAS, FROM SINGLE-FAMILY RESIDENTIAL ZONE (SF-2) TO GENERAL COMMERCIAL (GC) ZONE. Moved by Councilor Thompson that Ordinance No. 35-90 be passed. Motion seconded by Councilor Hughes. Mr. McKinney explained that the placement of a sign is a permitted use in a general commercial zone. Mrs. Ozuna mentioned a similar situation on Kemp Street. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None 487 Item llb A proposed ordinance was presented amending Ordinance No. 63-84 of the Code of Ordinances, increasing the overnight fee at the RV Park from $5 .00 to $8 . 00 per night. A motion was made by Councilor Kirkham, and seconded by Councilor Thompson, for its passage. Councilor Martin stated he believes this gives us some very outstanding public relations. We only supply the pads and water and electrical connections, and does not see how we can be losing money. He opposed any increase. Councilor Thomas asked Mr. Murphy if there is any consideration given of the people who park here and use Lucy Park? Mr. Murphy confirmed that maintenance includes the general geographical area. Councilor Thomas noted that Rhode Island and Hawaii are the only states not represented who have had visitors stay in this park. He recommended leaving the fees as they are now, and perhaps look at it during budget time. This park is presently shown in the national register with the current fees. Mr. Murphy explained that they have been robbed at least six times during the past year. Revenue collections do not reflect those fees which were lost in that manner. Mr. Berzina noted that this park was never designated for a money maker. This matter came up because they were approached by a citizen who was concerned about competition, before the Park Board and this body. Discussion continued concerning the Park Board' s recommendation to increase fees, as noted by Councilor Farabee, and the effect of not accepting their recommendation. Councilor Kirkham explained that both he and Mr. Berzina addressed the other side of the story to the Park Board, and spoke against the proposed increase, but they chose to recommend that the fee be increased. Councilor Thomas noted that if the cost is raised, then the service should be increased, and we are not in a position to do that. Mrs. Ozuna commented that these visitors provide other benefits to our city. Moved by Councilor Thompson that this matter be tabled. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Councilors Thompson, Hughes, Martin, and Kirkham Nays: Mayor Lam, Councilors Farabee and Thomas 488 Item llc ORDINANCE NO. 36-90 ORDINANCE MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY IN THE AMOUNT OF $250,000 FOR PURPOSES OF PURCHASING THE SEARS BUILDING. Moved by Councilor Thompson that Ordinance No. 36-90 be passed. Motion seconded by Councilor Thomas. Mr. Berzina explained that the Sears operation is expected to remain in its present location until May, 1991. This ordinance will appropriate $250,000. An additional $500,000 will be reimbursed to the City, and shown as a receivable. Councilor Thompson noted that this is an opportunity that we dare not pass by. This will offer a way to provide other activities. Councilor Kirkham stated that he favors the purchase of this building, and would like us to commit to bring something into this building which will add to the economy of Wichita Falls -- something that will generate money to Wichita Falls. Mr. Berzina stated that he had been asked by Ron Mertens if the City would be interested if the BCI could find a use for this building, and he had responded in the positive. Councilor Farabee commented that there are a lot of tax dollars on that building that the owners did not want to pay. He would like to put it back on the tax rolls. Councilor Thomas noted that the haste in getting the building was due to the owners who participated in it. It is much more difficult to purchase it if it goes into an estate. Councilors Martin and Hughes approved the opportunity of the City being able to purchase the building, stating we have a year to help find someone to go into it. Mayor Lam stated that he wants to see this building put to its highest and best use; that is, to make this city grow. If it is not used for that, then that building has a great opportunity for the use of our citizens. The first priority is to get us moving forward. William Young, 1018 Widows Lane, asked who would make the $500,000 donation to the City, and it was stated that it is a contractual arrangement. Mrs. Ozuna stated the Sears Building is not safe unless it has been repaired and inspected. Councilor Hughes noted that the architect for the library consulting firm said that it was the most structurally sound building they looked at. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None 493 Item 13b cont'd Motion seconded by Councilor Martin, and carried unanimously. Councilor Thompson stated he would like to visit other cities to see what they are doing about economic development. Item 13c Louise Houseworth, Assistant City Manager, introduced Mike Davis, who is working as a volunteer intern in the City Manager ' s office this summer. Mayor Lam stated he has asked Councilor Kirkham to serve as Mayor Pro-tem, and requested that it be placed on the agenda for action. He also asked Councilor Thomas to assume any duties required by the Mayor during their absence. Item 13d The City Council recessed into executive session at 11: 22 a.m. , according to Article 6252-17, Section 2, Paragraph (g) of the Revised Civil Statutes. The meeting reconvened at 1: 15 p.m. Item 13e Moved by Councilor Kirkham that Sandy Goff be appointed to the Civil Service Commission to replace Grady Rose. Motion seconded by Councilor Thompson, and carried unanimously. Item 13f Moved by Councilor Kirkham that the following be appointed to the Building Board of Adjustments and Appeals. 1 . Mike Koen - 3 year term (Architect) 2 . John G. Morrison - 1 year (Engineer) 3 . Ted Litteken - 1 year (General Building Contractor) 4. George Ross - 2 years (General Building Contractor) 5. James Foster - 1 year (Home Building Industry) 6 . Randy Wachsman - 2 years (Home Building Industry) 7. Lindsey Walker - 3 years (At-Large Citizen) 8 . Rebecca Lanmon - 3 years (At-Large Citizen) 9. Donal Boley - 2 years ( Insurance Industry) Motion seconded by Councilor Thomas, and carried unanimously. 494 Item 13a Moved by Councilor Kirkham that Marilyn Stafford be appointed Chairman of the Clean Community Commission. Motion seconded by Councilor Farabee, and carried unanimously. Moved by Councilor Kirkham that the vacant position on the Clean Community Commission be held open for applications from the school district. Motion seconded by Councilor Farabee, and carried unanimously. The City Council adjourned at 1 : 20 p.m. PASSED AND APPROVED this yday of / 1990. Michael Lam, ayor ATTEST: Wilma J. omas, CMC/AAE City Clerk