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