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