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Min 07/03/1990 501 Wichita Falls, Texas Memorial Auditorium Building July 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. Michael Lam Mayor David Farabee - Charles Thomas - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Don Kirkham - James Berzina City Manager Jeanie Martin Asst. City Attorney Wilma J. Thomas City Clerk The invocation was given by Chaplain Paul Stewart, Sheppard Air Force Base. Item 3 Phillip M. Johnson, Sanitation Department, was honored as Employee of the Month for July. Mayor Lam presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4 Moved by Councilor Thompson that minutes of the meeting held June 26, 1990, be approved. Motion seconded by Councilor Hughes , and carried unanimously. Items 5a-8 Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes : Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays : None Item 5a RESOLUTION NO. 112-90 RESOLUTION AUTHORIZING AGREEMENTS TO PARTICIPATE IN THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE Item 5b RESOLUTION NO. 113-90 RESOLUTION APPROVING SEVENTH AMENDMENT OF CONTRACT WITH WICHITA FUNLAND, INC. , ON PROPERTY IN WEEKS PARK Item 6 RESOLUTION NO. 114-90 AWARD OF BID TO OPEX, INC. FOR REPLACEMENT OF LIFT STATION #8 IN FAITH VILLAGE 502 Item 7a RESOLUTION NO. 115-90 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE CDBG RIVER ROAD/WILLIAMS DRIVE OVERLAY PROJECT Item 7b RESOLUTION NO. 116-90 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE WICHITA FALLS POLICE PARKING LOT OVERLAY PROJECT Item 7c RESOLUTION NO. 117-90 RESOLUTION TO ACCEPT THE RE-ROOF OF FIRE STATIONS #6 AND #8, AND AUTHORIZE FINAL PAYMENT TO ARMORED ROOFING COMPANY Item 8 Minutes of the meeting of the Planning and Zoning Commission held June 13, 1990, were received. Item 9a ORDINANCE NO. 39-90 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON JEFFERSON STREET, LOT 7-A, BLOCK 22, ORIGINAL TOWN ADDITION Moved by Councilor Thompson that Ordinance No. 39-90 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9b ORDINANCE NO. 40-90 ORDINANCE OF THE CITY OF WICHITA FALLS CALLING FOR A SPECIAL ELECTION FOR AUGUST 11 , 1990, TO SUBMIT PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF WICHITA FALLS; SETTING FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE FORM OF THE PROPOSITIONS; NAMING ELECTION OFFICIALS AND POLLING PLACES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Farabee that Ordinance No. 40-90 be passed. Motion seconded by Councilor Thompson. William C. Young asked that the public be informed of the cost to the citizens in regards to property tax, before the election. Councilor Thompson stated he is glad the voters will have a chance to say something about this. Councilor Kirkham also noted that everyone should know the ramifications of this election. Councilor Farabee applauded the tenacity of the police officers in com- pleting the requirements of the law. 503 Item 9b, cont'd. Councilor Hughes noted that he wants to make sure the people have the facts, and then vote their conscience. Councilor Thomas commented that he had hoped we could have had this election with another one instead of spending an extra $15,000. He hopes everyone understands the facts, and will vote their conscience. Mayor Lam discussed the possibility of coming up with an opinion poll of some questions, and get it on this ballot. He mentioned preference of a new library, or the location. Also, an opinion in regards to downtown. He would like to get a feeling from the voters on where they stand at this time. It would be non-binding type questions. Mr. Berzina mentioned various timetables in the election law regarding advertising, notices, etc. , stating this will need to be checked. The motion carried by the following vote. Ayes : Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Councilor Thompson commented that he would not want it said that because of something we did, it would cause it to fail . Mr. Berzina noted that it could cause more people to vote. Item 9c ORDINANCE NO. 41-90 ORDINANCE MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY IN THE AMOUNT OF $15,000 TO ACCOUNT 11-015-4451 FOR PURPOSES OF HOLDING A SPECIAL ELECTION ON AUGUST 11 , 1990 Moved by Councilor Farabee that Ordinance No. 41-90 be passed. Motion seconded by Councilor Hughes. Mrs. Ozuna questioned whether city boards would need to meet again (on opinion questions) , and it was explained that they would not. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays : Councilor Thomas Item 9d ORDINANCE NO. 42-90 AN ORDINANCE REZONING LOTS 3-7, BLOCK 5, AND LOTS 8-14, BLOCK 4, SOUTHLAND ADDITION, WICHITA FALLS, TEXAS, FROM SINGLE-FAMILY RESI- DENTIAL TO LIMITED OFFICE ZONE Moved by Councilor Hughes that Ordinance No. 42-90 be passed. Motion seconded by Councilor Farabee. Councilor Farabee noted this is an area which has gone from residential to rental property. This is an opportunity to open it up for betterment of the medical community. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None i 504 Item 10 RESOLUTION NO. 118-90 RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF WICHITA FALLS, TEXAS, WATER AND SEWER SYSTEM SUBORDINATE LIEN REVENUE BONDS $24,180,000 SERIES 1990-A, $1 ,490,000 SERIES 1990-B, and $540,000 SERIES 1990-C I Moved by Councilor Thompson that Resolution No. 118-90 be passed. Motion seconded by Councilor Kirkham. Fred Werner explained this is a financing proposal through the State, and that we are piggy-backing on their loan. They sell them, and in turn give them to us. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas , Thompson, Hughes, Martin, and Kirkham Nays: None Item lla RESOLUTION NO. 119-90 RESOLUTION TO AWARD BID FOR ANNUAL SUPPLY OF PIPE REPAIR CLAMPS TO MORRISON SUPPLY COMPANY AND FOR ANNUAL SUPPLY OF TAPPING SADDLES TO POWER SEAL PIPELINE PRODUCTS CORPORATION Moved by Councilor Martin that Resolution No. 119-90 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays : None Item llb RESOLUTION NO. 120-90 AWARD BID TO B. D. HAYNES CONSTRUCTION COMPANY FOR THE 1989-1990 STREET REHABILITATION PROJECT Moved by Councilor Kirkham that Resolution No. 120-90 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas , Thompson, Hughes, Martin, and Kirkham Nays: None Item llc RESOLUTION NO. 121-90 RESOLUTION AWARDING CONTRACT FOR THE PURCHASE OF WINTER FLOWERS TO PLANTLAND INDUSTRIES, INC. , AND SMITH'S GARDENTOWN, INC. Moved by Councilor Thomas that Resolution No. 121-90 be passed. Motion seconded by Councilor Thompson. Curtis Smith, of Smith's Gardentown, appeared in regard to the bid for pansies. He noted there is a difference of $43.00 on this bid, and would guess 505 Item llc, cont'd. that the long distance calls to Dallas would amount to more than this. A local supplier could deliver daily, and eliminate the labor cost and storage loss of certain plants. He believes his bid is the lowest net bid to the City. Discussion was held on integrity of the bidding system, and legalities concerning it. Moved by Councilor Thomas that the motion be amended to award the entire bid to Smith's Gardentown, Inc. Motion seconded by Councilor Martin. Further discussion continued on the state law regarding bids, and speci- fications that could be considered. The amended motion failed by the following vote. Ayes: Councilors Thomas and Martin Nays: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Kirkham The motion to award the bid carried by the following vote. Ayes : Mayor Lam, Councilors Farabee, Thompson, and Hughes Nays : Councilors Thomas, Martin, and Kirkham Item lld RESOLUTION NO. 122-90 RESOLUTION TO REJECT BIDS FOR COMPUTER CONTROL SYSTEM AT RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Farabee that Resolution No. 122-90 be passed. Motion seconded by Councilor Kirkham, and carried by the following .vote. Ayes: Mayor Lam. Councilors Farabee, Thomas , Thompson, Hughes, Martin, and Kirkham Nays : None The City Council recessed at 9:25, and reconvened at 9:40 a.m. Item 12a Shirley Flowers, 2207 Kimberly, appeared in regard to Mr. Othneil McKinney desiring to open a business at Hines and Rowland Road, across from the Sunny- side Addition. She expressed the fears and concerns of the neighborhood, based on his business on Flood Street. She noted that they will monitor the situa- tion and report any illegal activities. The Council commended Sunnyside residents for action they have taken to protect the quality of life in their neighborhood. The matter of unpaid taxes on that property was also being pursued with the owner. Steve Hopkins, 1620 Lucas, stated that the zoning designation in this area is the problem. Roger McKinney addressed the rezoning process. Item 12b Councilor Thompson expressed concern that because of state law, citizens cannot do anything until their property has been violated. He commended Brenda Jarratt for her work on the Carver Theatre. He also announced that a restaurant would be opened on the East side. 506 ' Item 12b, cont'd. Councilor Farabee urged citizens of Wichita Falls to use great caution on July 4 to prevent grass fires. Councilor Thomas asked about an overload of delinquent tax work. Mr. Werner noted that he has encouraged the senior staff member to hire more people to handle the backlog of cases. Councilor Thomas also noted problems with weeds at Southmoor Shopping Center median and sidewalks, along with some problems in wrecker service. Mayor Lam commented on the Council ' s intention to review the book on boards and commissions for any needed changes. He also mentioned items of concern for the retreat which need to be placed on the agenda. He also commented on the 1990 Recreation Program analysis. Nothing was presented under Item 12c. Item 12d The City Council recessed into executive session at 10:15 a.m. , according to Article 6252-17, Section 2, Paragraph (g) , of the Revised Civil Statutes of Texas. The meeting reconvened at 11 :05 a.m. Item 12e Moved by Councilor Kirkham that Billie Petite be appointed to the Library Advisory Board, for a term to expire June 1993. Motion seconded by Councilor Martin, and carried unanimously. Item 12f Moved by Councilor Kirkham that Tom Hill be appointed to the Zoning Board of Adjustments, for a term to expire June 1992. Motion seconded by Councilor Martin, and carried unanimously. Item 12g Moved by Councilor Kirkham that Charles Dennis be appointed Chairman of the Planning and Zoning Commission. Motion seconded by Councilor Hughes, and carried unanimously. Item 12h Moved by Councilor Kirkham that Kenneth Hurley be appointed Chairman of the Human Relations Commission. Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 11 :08 a.m. PASSED AND APPROVED this /t day of z , 1990. Michael Lam, tyor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk r