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Min 10/02/1990 1 551 Wichita Falls, Texas Memorial Auditorium Building October 2 , 1990 Items 1 & 2 The City Council 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 ( late arrival) - Councilors J. W. Martin - Don Kirkham - Jim Berzina City Manager Gregory D. Humbach City Attorney Wilma J. Thomas City Clerk Paul Hughes Absent The invocation was given by Mayor Lam. Item 3 Ken Love, a Park Department employee, was honored as Employee of the Month for October. Mayor Lam presented him with a plaque, City of Wichita Falls pin, a movie pass, a restaurant certificate, and a check. Mayor Lam presented a proclamation to the North Texas Restaurant Association for the Taste of the Town event. Items 5a-8g Item 6a was moved to the regular agenda. Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Martin, and Kirkham Nays: None Item 5a RESOLUTION NO. 164-90 RESOLUTION APPROVING A NAME CHANGE FROM METRO EXPRESS II TO METROFLIGHT, INC. IN THE CITY' S LEASE WITH THE AIRLINE PROVIDING SERVICE AS AMERICAN EAGLE. Item 7a RESOLUTION NO. 165-90 RESOLUTION TO ACCEPT THE REROOF OF THE ACTIVITIES CENTER PROJECT AND AUTHORIZE FINAL PAYMENT TO LYDICK ROOFING COMPANY 552 Item 7b RESOLUTION NO. 166-90 RESOLUTION TO ACCEPT THE CDBG SCOTLAND AUTOMATIC IRRIGATION SYSTEM PROJECT AND AUTHORIZE THE FINAL PAYMENT FO BROCK PLUMBING Item 8a Minutes of the meetings of the following Boards and Commissions were received. a. Aviation Advisory Board - July 19, 1990 b. Plumbing and Mechanical Board of Adjustments and Appeals - September 6, 1990 c. Water Resources Commission - September 7 , 1990 d. Commission on Disability - September 10, 1990 e. Planning and Zoning Commission - September 13 , 1990 f. Park Board - September 14, 1990 g. Board of Electrical Examiners - September 13 , 1990 Item 4a Following Councilor Thompson' s arrival, previous discussion continued on approval of the minutes. Councilor Thompson stated that he did not vote on Item 7b, of the minutes of the meeting held September 18, 1990. Moved by Councilor Martin that the minutes of the meeting held September 18, 1990, be approved, with the correction that the motion was made by Councilor Kirkham on Item 7b. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None Item 6a Moved by Councilor Thomas that bids for computer paper and special forms be awarded as follows. a. Data Documents - Stock Computer Paper - $25,679. 35 b. Data Documents - Special Forms - $4 , 069. 82 Motion seconded by Councilor Thompson. Purchasing Agent Peggy Gahagan answered questions concerning these bids, and explained why we cannot use recycled paper in this instance. It was noted that we want to be sure that vendors are aware that we are interested in recycled paper. The motion carried unanimously. Item 9a A public hearing was opened on annexation proceedings of 25 acres along Southwest Parkway between Gregg and Allendale Roads, South of Certain-Teed (previously referred to as the Vitek property) . Item 9a (Cont'd) 553 Mr. Berzina explained why this annexation is being considered. Mr. McKinney noted that the annexation process will be completed by December 31, 1990, and become effective on that date, which is the expiration date of the current non-annexation agreement. No one in the audience requested to be heard. Councilor Thomas mentioned fireworks stands in this area. The Police Chief stated that the annexation will assist them in better enforcement. The public hearing was closed. Item 10a ORDINANCE NO. 68-90 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE CRIMINAL JUSTICE DIVISION, GOVERNOR'S OFFICE, FOR PURPOSES OF A NEIGHBORHOOD WATCH/FOOT PATROL Moved by Councilor Martin that Ordinance No. 68-90 be passed. Motion seconded by Councilor Kirkham. Chief Harrelson explained the purpose of this grant for a neighborhood watch/foot patrol. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None Item 10b ORDINANCE NO. 69-90 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM ADDITIONAL REVENUE RECEIVED FROM THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT. Moved by Councilor Thompson that Ordinance No. 69-90 be passed. Motion seconded by Councilor Martin. Mr. Edmonson explained the cost of services for this program. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None Item 10c ORDINANCE NO. 70-90 ORDINANCE WAIVING SECTION 22-1(a) ( 2) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS DURING A FLYING EVENT IN JAYCEE PARK 13 OCTOBER 1990. Moved by Councilor Thomas that Ordinance No. 70-90 be passed. 554 Item 10c, Cont'd Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None Item 10d ORDINANCE NO. 71-90 AN ORDINANCE REZONING 1001-1111 (ODD) BONDS STREET; 1000-1104 (BOTH SIDES) TERRAL STREET; 1000-1010 (EVEN) AND 1001-1005 (ODD) 23RD STREET; 2313-2320 (BOTH SIDES) OLD JACKSBORO HWY; 2306 EVELYN STREET; AND 2500 CALIFORNIA STREET, WICHITA FALLS, TEXAS FROM A HEAVY COMMERCIAL (HC) ZONE TO A GENERAL COMMERCIAL (GC) ZONE Moved by Councilor Farabee that Ordinance No. 71-90 be passed. Motion seconded by Councilor Thomas. Discussion was held on the location of this property. Mr. McKinney explained there will be no additional restrictions, and it will also prohibit salvage yards from this area. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None Item lla RESOLUTION NO. 167-90 RESOLUTION ACCEPTING GRANT AWARD FROM THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR' S OFFICE FOR RADIO EQUIPPED NEIGHBORHOOD WATCH FOOT PATROL PROJECT Moved by Councilor Thompson that Resolution No. 167-90 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None Item llb RESOLUTION NO. 168-90 RESOLUTION AUTHORIZING SALE OF EXCESS CITY PROPERTY AT 302 LIVE OAK AND IN THE 1500 BLOCK OF IOWA PARK ROAD Moved by Councilor Martin that Resolution No. 168-90 be passed. Motion seconded by Councilor Thompson. Item llb (Cont'd) 555 Discussion centered around the property at the intersection of the Iowa Park Highway and Old Iowa Park Road. The appraisal process was also discussed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None Item llc RESOLUTION NO. 169-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY ATTORNEY AND THE LAW FIRM OF HAYNES AND BOONE TO APPEAL THE FEDERAL DISTRICT COURT' S JUDGMENT IN A SUIT STYLED ROBERT R. YORK, ET AL, VS. CITY OF WICHITA FALLS, CAUSE NO. CA-7-87-0020, TO THE U.S. FIFTH CIRCUIT COURT OF APPEALS IN NEW ORLEANS, LOUISIANA. Moved by Councilor Kirkham that Resolution No. 169-90 be passed. Motion seconded by Councilor Martin. Robert York, 1702 Tilden, asked why this matter is being appealed. City Attorney Gregory Humbach explained that it is not appropriate for him to address a matter with him which is in litigation, and suggested that he consult his own attorney. Mr. Humbach explained to the Council the reason for the appeal, which has already been filed, and this resolution preserves that right of appeal, but is not necessary under the Charter. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Martin, and Kirkham Nays: Councilor Farabee Item lld RESOLUTION NO. 170-90 RESOLUTION AMENDING ARTICLE 1 OF A LEASE AGREEMENT DATED OCTOBER 17, 1977 BETWEEN SOUTHERN AVIATION OF TEXAS, INC. AND THE CITY OF WICHITA FALLS. Moved by Councilor Thomas that Resolution No. 170-90 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None 556 Item 11e RESOLUTION NO. 171-90 RESOLUTION AMENDING RESOLUTION NO. 1124 DATED NOVEMBER 3 , 1970. Moved by Councilor Kirkham that Resolution No. 171-90 be passed. Motion seconded by Councilor Thompson. Councilor Kirkham noted that all members of the Aviation Advisory Board had input into this matter. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None Item 12a RESOLUTION NO. 172-90 RESOLUTION TO AWARD BID TO WEIDNER AND ASSOCIATES, INC. FOR COMPUTER CONTROL SYSTEM AT RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Thompson that Resolution No. 172-90 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None Item 12b RESOLUTION NO. 173-90 RESOLUTION TO AWARD BID TO CHANNEL CONSTRUCTION CO. , INC. FOR 11TH AND HOLLIDAY SEWER LINE REPAIR PROJECT Moved by Councilor Kirkham that Resolution No. 173-90 be passed. Motion seconded by Councilor Martin. Mr. Bonnett explained that this line is right down the middle of Holliday, stating that the cost is more attributed to traffic control than to the construction. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Nays: None 557 Item 13a Richard Boyd, of Corlett, Probst, and Boyd, requested that an item be placed on the next agenda for action ( regarding property to be used by Riverside Bingo, at 200 ', North Scott, for parking. It would involve a public/private , venture in the change in size of line. Mayor Lam requested a report from the City Manager. Item 13b Councilor Thompson asked about any renewed effort to sell the new river trail for TIF? Mr. Berzina noted that it gives private business a chance to give it some consideration. There are presently one or two vacancies on the TIF Board. Councilor Martin expressed appreciation to Norma Crane and Glen Jamison for their fine work on Oktoberfest in Lucy Park. He expressed appreciation to the German Band who played for us. Councilor Thomas asked about the report on the Railroad Museum. He also requested that the burglar alarm ordinance be reviewed again. Item 13c Mr. Berzina handed out reports on the Railroad Museum project, the Farmers Market, and Mr. Hebert' s furniture store awning. Mr. Bonnett reported on the McGrath Creek plans, stating they have progressed to the point where we are ready to move into the final plans and specifications. Mayor Lam suggested a presentation to the Council by the Corps of Engineers. Mr. Bonnett also mentioned a spur railroad right-of-way in Eden Hills Subdivision. It has reverted back to the City from the Air Force, and work is progressing in that area so that it can be mowed. It is suggested that this parcel be put up for bids at a later date. Item 13d The City Council recessed into executive session at 9: 55 a.m. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) , VACS. The meeting reconvened at 12: 15 p.m. Item 13e Moved by Councilor Kirkham that Wandlyn Handy be appointed to the MHMR Board of Trustees, for a term to expire August 31, 1992. Motion seconded by Councilor Martin, and carried unanimously. Item 13f No appointments were made to the Library Advisory Board. 558 Item 13g Moved by Councilor Kirkham that Fernand Hubert be appointed to the Water Resources Commission, for a term to expire September 30, 1992 . Motion seconded by Councilor Martin, and carried unanimously. Item 13h Moved by Councilor Kirkham that the following be reappointed to the Mayor' s Commission on the Status of Women, for terms as indicated. a. Kris Gossom - September 30, 1992 b. Ola White - September 30, 1992 c. Eva Neal - September 30, 1992 d. Maria Lewis - September 30, 1992 e. Barry Macha - September 30, 1991 Motion seconded by Councilor Martin, and carried unanimously. The City Council adjourned at12: 20 p.m. PASSED AND APPROVED this 4�day of 1990. Michael Lam r ATTEST: i Wilma J. TlYomas, CMC/AAE City Clerk f