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Min 11/06/1990 570 Wichita Falls, Texas Memorial Auditorium Building November 6, 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 (Late Arrival) - Councilors Paul Hughes - J. W. Martin - Don Kirkham - James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Randall Cloud, First Church of the Nazarene. Item 3a Kevin Henderson, of Utility Collections was honored as Employee of the Month for November. The Mayor presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Mayor Lam presented a proclamation to JoAnn Plaxco for the Great American Smokeout. Item 3b Mayor Lam presented an award to Larry Blowers from the Governor's Committee for Disabled Persons for his selection as Public Employee of the Year. He was also presented a Distinguished Service Award from the City. Item 4a Moved by Councilor Kirkham that minutes of the Meeting held October 16 and 29, 1990, be approved. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Partin, and Kirkham. Nays: None Items 5a-- 8e Item 6a was moved to the regular agenda. Moved by Councilor Kirkham that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham. Nays: None i I 571 Item 5a RESOLUTION NO. 181-90 RESOLUTION ACCEPTING TERMINATION OF CONTRACT AND AUTHORIZING PAYMENT TO THE CONTRACTOR ON THE WEEKS PARK GOLF CART PATH PROJECT Item 5b RESOLUTION NO. 182-90 RESOLUTION TO APPROVE U.S. GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR-CONTENT GAUGING STATIONS Item 7a RESOLUTION NO. 183-90 RESOLUTION TO ACCEPT AS COMPLETE NORTHSIDE WASTEWATER TREATMENT PLANT CONCRETE REPAIR PROJECT AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Item 8 Minutes of the meetings of the following Boards and Commissions were received. a. Commission on Aging - October 8, 1990 b. Planning and Zoning Commission - October 10, 1990 C. Board of Electrical Examiners - October 11, 1990 d. Zoning Board of Adjustment - October 17, 1990 e. Library Advisory Board - October 23, 1990 Item 6a Moved by Councilor Thomas, for discussion, that the bid for two micro- format reader-printers for Kemp Public Library, be awarded to Allied Techno- logy, in the amount of $15,060. Motion seconded by Councilor Farabee. Louise Houseworth explained that the larger size lense was specified in the proposal, and this company was the only one who bid the larger size. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham. Nays: None Item 9a ORDINANCE NO. 75-90 AN ORDINANCE AMENDING CHAPTER 24, SECTION 24-21 (a) , CITY OF WICHITA FALLS CODE OF ORDINANCES, AND CHANGING THE NUMBER OF POLICE MAJORS AND THE NUMBER OF POLICE CAPTAINS OF THE CLASSIFIED PERSONNEL IN THE POLICE DEPARTMENT Moved by Mayor Lam that Ordinance No. 75-90 be passed. Motion seconded by Councilor Hughes. (Councilor Thompson arrived.) Councilor Thomas expressed disappointment about what is happening. Councilor Martin agreed, stating he would like to see an amendment .to this, which would separate the issues of the Captains and Majors posit- ions. Mr. Berzina explained the purpose of this ordinance, and the Council's authority to establish positions in the Police Department. He stated that we have the opportunity to change the command structure of the Police Depart- ment, to make it more efficient, and reflect in the command structure what 572 i Item 9a, Cont`d. has happened in the last several years. We have a high ranking civilian officer who can carry part of this load. Chief Harrelson explained the reason for this request, stating that one Major under administration had a lot of entities answering to him. Part of the plan, if they stayed with three Majors, would be to ask for another Captain to serve under a Major. He noted that the Technical Services Divis- ion has a total authorized strength of fifty-eight persons. If they de- cided to go with the strong civilian, three-Major concept, they could cont- inue with the Technical Services. If they went to the recommended structure there would be no sworn Officers answering to a civilian. The ultimate aim is to civilianize communications. Councilor Martin expressed that he feels we have not accomplished what is needed to solve problems in the Police Department, and why this is just now coming to light. Chief Harrelson explained that one Major has requested to step down, and another is retiring after the first of the year. Mr. Berzina noted that they have known for some time that we may have had one too many Majors. Chief Harrelson stated they wanted to decrease on Major, but not increase the department level. This is why it has been combined into one proposal. This move is needed today because effective November 9, 1990, Major Shelton steps down to a Captain. Further discussion continued on plans for the Police Department operation. Each shift strength was explained by Chief Harrelson. A civilian commander would report directly to the Chief. Other divisions would report to a Major. Councilor Thompson favored a Captain reporting to a current Major. He noted that the Council will hold the Chief responsible for operation of the Police Department. Chief Harrelson explained goals and objectives which may e used for conquering crime, such as community oriented policing. Councilor Martin commented that we have an excellent Police Department, but there are problems that need to be addressed by the Chief and City Man- ager. Mayor Lam noted that we are on a course to try to make some improvements, and believes the Chief is committed to that goal. This ordinance is a stop- gap improvement to arrive at this course. It will give us an opportunity at a later date to make these changes. Moved by Councilor Kirkham that the ordinance be split so that we may vote on the Captains and Major separately. Motion seconded by Councilor Martin. Mr. Humbach noted that he has some question because of the way it was advertized. 'If this is what the Council wants to do, the appropriate thing would be to table it and bring it back in the next meeting. Chief Harrelson stated that they must have a Captain by November 9. If this is not passed, the rank of Captains will have to be demoted. Councilor Kirkham noted that we have split ordinance provisions in meeting here prior to this time. Mr. Humbach explained that the motion changes the purpose of the ordinance, as was presented. Depending on how the vote came out, it would totally change the structure of the Police Department. The motion to separate the Captain and Major proposals failed by the following vote. Ayes: Councilors Martin and Kirkham Nays: Mayor Lam, Councilors Farabee, Thompson, Thomas and Hughes. The original motion for passage of Ordinance No. 75-90, carried by the following vote. 573 Item 9a, Cont'd Ayes: Mayor Lam, Councilors Farabee, Thompson, Thomas and Hughes. Nays: Councilors Martin and Kirkham. Councilor Kirkham requested that the Council not be put in this pos- it-ion again on splitting positions. Mr. Berzina explained that we have to put the person somewhere who has requested a Captain position from a Major. Councilor Kirkham commented that we could have had two ordinances instead of one. Mr. Berzina suggested that if the Council desires another Major position, request that it be put back on the next agenda for action. - - - - - .,w Item 9b ORDINANCE NO. 76-90 AN ORDINANCE REZONING TRACT 1A, 1B, & 1C, BLOCK A; 2.5 ACRES OF BLOCK B; BLOCK C; TRACT lA & 1C, BLOCK D; AND LOTS 1, 2, & 3, BLOCK E, SOUTH SIDE ACRES (1901-1925 ODD NUMBERS OLD WINDTHORST ROAD,) WICHITA FALLS, TEXAS, FROM SINGLE-FAMILY RESIDENTIAL (SF-2) TO RESIDENTIAL MIXED USE (RMU) ZONE Moved by Councilor Farabee that Ordinance No. 76-90 be passed. Motion seconded by Councilor Hughes. Brown Hudson, 111 Pembroke Lane, appeared as a member of Sunnyside Baptist Church. He presented an opposition paper from the Minister of the Church to the Council, with nine opposition reasons. we requewted that the Council deny the Commission's recommendation, or return it to Planning and Zoning for Further study. William C. Young, 1018 Widows Lane, appeared in support of this grocery store, stating there are four convenience or grocery stores in a four block area that sell beer. Jimmy Hatcher, Minister of Sunnyside Baptist Church, stated they oppose it so that it will not open up other undesirable businesses in the future. Linda Overstreet, 1942 Hines, appeared in support of the grocery store in the area. Diana Perkins, on Perigo Street, also supported the grocery store staying in the area. She related that saw no difference in selling beer for off-premise consumption than eating in a restaurant that sells beer. Tom Longest, 2007 Hiawatha, explained that alcoholic beverage does not apply to his part of the property. This is not Sunnyside, but South Side Acres. It is actually residential mixed use, and use of the property has not changed in the last five years. He has owned this property about fif- teen years, and is definitely not useable as residential property. Ed Bond stated that he likes the idea of the neighborhood being able to say what they want in their areas. He requested the Council to approve this request today. Councilor Thomas noted that he has received many calls from people wanting the grocery store to stay in the neighborhood. Councilor Thompson expressed concern about deterioration of the neighborhood in that community. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin and Kirk- ham. Nays: Councilor Thompson 574 Item 9c ORDINANCE NO. 77-90 AN ORDINANCE REZONING LOTS 5-7, BLOCK 4, J.W. THOMAS ADDI- TION, WICHITA FALLS, TEXAS FROM SINGLE-FAMILY RESIDENTIAL (SF-2) TO LIMITED COMMERCIAL (LC) ZONE Moved by Councilor Martin that Ordinance No. 77-90 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes and Martin. Nays: Councilor Kirkham Item 9d ORDINANCE NO. 78-90 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS BY ANNEXING A CERTAIN TRACT OF LAND ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACT OF LAND AND SERVICE PLAN FOR SUCH TRACT OF LAND ARE DESCRIBED IN THIS ORDINANCE Moved by Councilor Martin that Ordinance No. 78-90 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin and Kirkham. Nays: None Item 9e ORDINANCE NO. 79-90 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE FACTORY MUTUAL COMPANY FOR GRANT MONEY THROUGH THEIR ARSON GRANT PROGRAM Moved by Councilor Hughes that Ordinance No. 79-90 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin and Kirkham. Nays: None Item 10a RESOLUTION NO. 184-90 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE U. S. DEPARTMENT OF EDUCATION FOR A LIBRARY SERVICES AND CON- STRUCTION ACT TITLE VI GRANT FOR A LIBRARY LITERACY PROGRAM Moved by Councilor Kirkham that Resolution No. 184-90 be passed. Assistand City Manager, Louise Houseworth, explained that his is a joint project with the Wichita Falls Independent School District and the Adult Literacy Council to be conducted at Washington School. The application is being submitted by the Library, as the other agencies are not authorized to submit a direct application on their behalf. Future Funds will not be requested from the City organization. 575 Item 10a, Cont'd The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin and Kirkham. Nays: None Item 10b A proposed resolution was presented waiving the service fee provision of Resolution No. 159-90 for Utility Collections and Water Distribution and Maintenance Divisions on City Water Account 12-057-19025. A motion was made by Councilor Kirkham, and seconded by Councilor Martin, for its passage. Mr. Werner explained that an insufficient bank check was presented to the City. A processing charge is made for the check to go through the City. He does not recommend the waiver since it is a processing fee, and not a penalty. The motion failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin and Kirkham. Item 10c RESOLUTION NO. 185-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT EXERCISE OF OPTION BY COMMUNITY ACTION CORPORATION TO RENEW LEASE AT 602 BROAD STREET FOR FOURTH RENEWAL PERIOD Moved by Councilor Farabee that Resolution No. 185-90 be passed. Motion seconded by Councilor Martin. Herb Faber, Community Action Corporation, requested approval of the lease renewal for the fourth period. Waiver of improvements to this property during this period was also requested because of some expression of future use of this property for an overhead freeway or off-ramp. Councilor Thompson returned to the Council table at this time, stating he cannot vote on this item as Executive Director of CAC. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin and Kirkham. Nays: None Item lla Moved by Councilor Thompson that the bid for a one-half ton pickup cab andchassis, and eight (8) one-half ton pickups, be awarded to Herb Easley Chevrolet in the total amount of $102,616.69. Motion seconded by Councilor Hughes, and carried unanimously. Item llb Moved by Councilor Hughes that the bid for five (5) Sedans be awarded to Herb Easley Chevrolet in the amount of $56,108. Motion seconded by Councilor Martin, and carried unanimously. 576 ( Item llc Moved by Councilor Hughes that the bid for nine (9) Police Sedans be awarded to Herb Easley Chevrolet in the amount of $133,024.39. Motion seconded by Councilor Thompson, and carried unanimously. Item lld Moved by Councilor Hughes that the bid for two (2) one-ton cab and chassis, and one (1) one-ton pickup, be awarded to Herb Easley Chevrolet in the total amount of $36,599.74. Motion seconded by Councilor Martin, and carried unanimously. Item Ile Moved by Councilor Hughes that the bid for one (1) sixteen foot cut rotary mower be awarded to Goldthwaites of Texas in the amount of $40,989. Motion seconded by Councilor Martin, and carried unanimously. Item llf Moved by Councilor Thompson that the bid for two (2) 72-inch rotary mowers be awarded to Goldthwaites of Texas in the amount of $17,190. Motion seconded by Councilor Hughes, and carried unanimously. Item lIg Moved by Councilor Hughes that the bid for a front end loader/backhoe be awarded to Case Equipment Company in the amount of $31,027. Motion seconded by Councilor Kirkham, and carried unanimously. Item llh Moved by Councilor Hughes that the bid for two (2) printers for the City's mainframe computer system be awarded to International Business Machines in the amount of $49,933. Motion seconded by Councilor Kirkham, and carried unanimously. Item Ili RESOLUTION NO. 186-90 RESOLUTION ACCEPTING BID FROM METRO ARMORED CORPORATION FOR ARMORED CAR SERVICE FOR ACCOUNTING/FINANCE, TAX, UTILITY COLLECTION AND HEALTH DEPARTMENTS FOR A THREE YEAR PERIOD 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 12a Jane Evans, Route 1, Henrietta, complained about vehicles without mufflers making too much noise. She stated that she works at Furrs on Loop 11. Mayor Lam referred her to the Police Chief about this problem. 577 Item 12d Councilor Thompson stated he would like to hear from the staff concern- ing fencing behind River Oaks Nursing Home. He also noted a call about water standing in front of a supermarket on Lincoln Street. He also urged people to vote, and noted that Amber and 13ort.on Streets need to be reconstructed. Councilor Kirkham mentioned a call concerning the need of street lights at Fower Elementary School. He also noted traffic problems on Northwest Freeway and Covington Street. Councilor Hughes suggested that the first meeting in December be changed because of the NLC Conference in Houston at the same time. Councilor Martin commended the City Manager and Police Chief for their work at the Library. He also noted trees in various parts of town which n eed to be trimmed for safety's sake. Mayor Lam asked about ordinances on curb and gutter and drainage and Mr. Berzina noted they are working on it. He also commented on a letter in the paper concerning the Council going into Executive Session. He emphasized that the law does not permit. They are authorized by law to discuss person- nel, litigation, and purchase of property. Item 12e Mr. Bonnett noted that one part of the bid for the River Road Sewage Treatment Plant came in more than they expected. He noted there will be a change order at the next meeting to deduct $260,000, and add on $30,000 for cathodic protection. He stated the pipe had to be ordered immediately. Item 12f The City Council recessed into Executive Session at 11:40 a.m. (with lunch first) , according to Article 6252-17, Sections 2(e) and (f) , VACS. The meeting reconnened at 1:37 p.m. Item 12g Moved by Councilor Kirkham that Leo Watts be appointed to the Library Advisory Board for a term to expire June 30, 1994. Motion seconded by Councilor Farabee, and carried unanimously. Item 12h Moved by Councilor Kirkham that Ralph Dunkelberg be appointed to the Tax Increment Financing Reinvestment Zone No. 1 Board of Directors for a term to expire December 31, 1991. Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Kirkham that Joe Mike Pistacco be appointed Chairman of the -FL-F Board. ri F Motion seconded by Councilor Farabee, and carried unanimously. Item 12i Moved by Councilor Kirkham that Holger M. Peterson be appointed to the Commission on Disability, for a term to expire May 31, 1991. i 578 Item 12i, Cont'd Motion seconded by Councilor Thompson and carried unanimously. Item 12j Moved by Councilor Kirkham that Benny E. Daniel be appointed to the (Planning and Zoning Commission for a term to expire May 31, 1992. Motion seconded by Councilor Farabee, and carried unanimously. Item 12k Moved by Councilor Kirkham that F. Scott Cannaday be appointed alternate No. 4 to the Zoning Board of Adjustment for a term to expire December 31, 1992. Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 1:40 p.m. PASSED AND APPROVED this � � day of 4L 1990. Michael Lam, May r ATTEST: r l Alma J. Thomas, CMC/AAE City Clerk