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Min 12/18/1990 595 Wichita Falls, Texas Memorial Auditorium Building December 18 , 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 - Jim Berzina City Manager Gregory D. Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Keith Hill, Fain Presbyterian Church. Item 3 John Saxon was recognized for the outstanding service award from the Secretary of State for voter registration of the handicapped. Mayor Lam also presented him with a Distinguished Service Certificate from the City. Item 4 Moved by Councilor Kirkham that minutes of the meeting held December 6 , 1990 , be approved. Motion Seconded by Councilor Thompson, and carried unanimously. Item 5a - 8g Item 7a 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, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 5a RESOLUTION NO. 209-90 RESOLUTION CONSENTING TO THE APPOINTMENT OF STEPHEN BACKHAUS AS SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TWO YEAR TERM 596 Item 5b RESOLUTION NO. 210-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MCI TELECOMMUNICATIONS CORPORATION FOR THE PROVISION OF LONG DISTANCE TELEPHONE SERVICE Item 6a RESOLUTION NO. 211-90 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE CDBG MARTIN LUTHER KING CENTER REROOF AND SEAL - WALLS PROJECT Item 8 Minutes of the meetings of the following boards and commissions were received. a. Landmark Commission - November 15, 1990 b. Wichita Falls - Wichita County Public Health Board - November 16 , 1990 c. Zoning Board of Adjustment - November 26, 1990 d. Human Relations Commission - November 27, 1990 e. Commission on Disability - December 3 , 1990 f. Library Advisory Board - December 4 , 1990 g. Park Board - December 6 , 1990 Item 7a RESOLUTION NO. 212-90 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE CDBG O'REILLY/SCOTLAND/WILLIAMS PARK TRAILS PROJECT Moved by Councilor Kirkham that Resolution No. 212-90 be passed. Motion seconded by Councilor Hughes. Councilor Kirkham commented on the use and beauty of the trail from Lucy Park to O'Reilly Park, stating that the contractor and one engineer did an outstanding job. Councilor Martin noted that we also need to clean up the other side of the river. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 9a ORDINANCE NO. 86-90 ORDINANCE AMENDING ORDINANCE 26-87 ESTABLISHING FINES AND FEES CHARGED AT THE KEMP PUBLIC LIBRARY Moved by Councilor Thompson that Ordinance No. 86-90 be passed. Motion seconded by Councilor Hughes. i 597 Item 9a cont'd. Discussion centered on the $1 . 00 charge for children for replacement of a lost library card. Library Administrator Linda Hughes noted this is replacement cost, and children tend to lose their cards more often than adults. Louise Houseworth explained this is not a change from our present ordinance. Mrs. Hughes and Council members agreed this would provide a sense of responsibility to the children who use the library. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 9b A proposed ordinance was presented waiving Section 27- 29 of the Code of Ordinances with respect to placing a sidewalk along the South and East lines of Lot 1-B, Block 92, Original Townsite. A motion was made by Councilor Hughes, and seconded by Councilor Kirkham, for its passage. Richard Meyer appeared as the owner of this property at 110 Indiana. He requested a waiver of the sidewalk on 2nd Street, stating he does not oppose sidewalks on Indiana Street. City Attorney Gregory Humbach noted that this request is a substantial change in the ordinance, and recommended that it be brought back to a future council meeting for action. Mr. Meyer had no objection to this. Moved by Councilor Kirkham that this matter be tabled until the next meeting. Motion seconded by Councilor Martin, and carried unanimously. Item 9c ORDINANCE NO. 87-90 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON FRANKLIN AND DENISON STREETS, LOT 6-A, BLOCK 7, BARWISE & JALONICK ADDITION Moved be Councilor Thompson that Ordinance No. 87-90 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 598 Item 9d ORDINANCE NO. 88-90 AN ORDINANCE DESIGNATING THE LILLIS MORGAN HOUSE AT 1808 ELIZABETH AVENUE, WICHITA FALLS, TEXAS AS A LOCAL LANDMARK AND PROVIDING FOR TAX FREEZE FOR HISTORIC PRESERVATION Moved be Councilor Martin that Ordinance No. 88-90 be passed. Motion seconded by Councilor Thompson. Mr. McKinney explained that a freeze will be placed on the value of the property before improvements are made, and it will be for eight years. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 9e ORDINANCE NO. 89-90 ORDINANCE MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY IN THE AMOUNT OF $433 ,000 FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS Moved by Councilor Martin that Ordinance No. 89-90 be passed. Motion seconded by Councilor Farabee. Mayor Lam responded to questions from Giola Ozuna regarding use of the equity fund. Mr. Berzina further explained the need for retaining an equity fund to cover operational costs for the City, stating it is also drawing interest while on deposit. Mayor Lam noted the areas this money will be used for. Discussion followed on the various improvement projects. Councilor Thompson asked Mr. Murphy for information on how money is spent by those coming into town for the tennis tournament. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 10a RESOLUTION NO. 213-90 RESOLUTION IN SUPPORT OF THE STATE LEGISLATURE ADDRESSING THE HIGHWAY FUNDING SHORTFALL Moved by Councilor Kirkham that Resolution No. 213-90 be passed. i 599 Item 10a cont'd. 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 10b RESOLUTION NO. 214-90 RESOLUTION TO APPROVE CONTRACT WITH JOHN MORRISON, ENGINEER/ARCHITECT FOR ENGINEERING CONSULTING SERVICES RELATED TO HEATING, VENTILATION AND AIR-CONDITIONING PROJECTS Moved by Councilor Hughes that Resolution No. 214-90 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham. Nays: None Item 10c RESOLUTION NO. 215-90 A RESOLUTION AUTHORIZING BETHANIA REGIONAL HEALTH CARE CENTER TO ENCROACH INTO A PORTION OF THE ALLEY IN THOMPSON SUBDIVISION OF BLOCK 262, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS Moved by Councilor Hughes that Resolution No. 215-90 be passed. Motion seconded by Councilor Thompson. Mike Bullitt, Vice President of Bethania Health Care Center, requested permission to move the lithotripter unit back to the alley when it comes in twice a month. He stated it was there until last year when they moved it on to the grounds where demolition had taken place. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item lla Moved by Councilor Hughes that the bid for one Class "A" pumper for the Fire Department be awarded to Quality Manufacturing, Inc. , in the amount of $187,277. Motion seconded by Councilor Farabee. 600 Item lla cont'd. Robert Parker noted that it will take another $18 ,000 to $20,000 to get it in service. The motion carried unanimously. Item 12a Mr. Berzina noted that the next regularly scheduled Council meeting falls on January 1 , 1991. He believed this meeting could be cancelled. Moved by Councilor Kirkham that the meeting scheduled for January 1 , 1991, be cancelled, and the next meeting be held on January 15, 1991 . Motion seconded by Councilor Thompson, and carried unanimously. Item 12b William C. Young, 1018 Widows Lane, expressed appreciation for the identifying numbers on the walls on each floor for elevator stops. He also commended the Council for a good job this year. Item 12c Councilor Thomas, along with other Council members, wished everyone a Merry Christmas and Happy New Year. Councilor Martin commended the entire City for the beauty of the Christmas decorations. Councilor Hughes thanked the staff for a good job in assisting the Council to manage the City' s money. Councilor Farabee confirmed with Mr. Bonnett that the City is ready with supplies in case of a freeze. Councilor Kirkham commended City employees, and also the BCI for getting extra athletic events in our city. He noted that the Stadium was filled for a recent ball game. Councilor Thompson commented in a positive manner on the need for the community to support the Armed Forces in the Persian Gulf, and to pray for President Bush and Saddam Hussein for a peaceful settlement of the Crisis. He also noted we need to remember the hungry and homeless. Mayor Lam echoed the comments made about staff and city employees, and thanked them for a year of hard work. He reminded all to remember the reason we celebrate Christmas. 601 Item 12d Roger McKinney noted that the City has applied for a credit in regard to the flood plain requirements which could save money to those who have flood insurance, with a discount on their rates. Mr. Berzina commended the Council for appropriating equity to accomplish these projects. He noted a recent example of how equity is obtained. A transfer was made from the Finance Department, and Mrs. Stricklin conducted a study of the vacancy to see if the position was needed. A transfer was made of a person from the Tax Department to the City Clerk' s office. He highlighted the cooperation with all those involved. They were able to reassign some of these people with a net savings of approximately $25,000 to the City. He commended Mrs. Stricklin and Mr. Werner for this action. Mr. Berzina thanked the Council for what they have done for the staff during this past year. December 31, 1990 , finds the City in better shape than it was a year ago. On behalf of the staff, he wished the council and their families a happy holiday season. Item 12e The Council recessed at 9: 50 a.m. for ten minutes, then went into executive session according to Article 6252-17, Section 2 (e) , VACS. The meeting reconvened at 10: 45 a.m. Item 12f Moved by Councilor Kirkham that the following be appointed to the Commission on Aging, with expiration terms as indicated. a. Wayne Tarkinton (replacing Herb Taber) 5-31-92 b. Kathryn McKinney (replacing Linda Edgerton) 5-31-92 c. Sylvia Arnett (reappointed) 5-31-92 d. Marly Parker (reappointed) 5-31-92 Motion seconded by Councilor Thompson, and carried unanimously. Item 12g Moved by Councilor Kirkham that the following be appointed to the Clean Community Commission, with expiration terms as indicated. a. Roland Guerrera (replacing Viola Morton) 12-31-92 b. Rod B. Womble (reappointed) 12-31-92 c. Gloria Lyday (reappointed) 12-31-92 Motion seconded by Councilor Hughes, and carried unanimously. 602 Item 12h Moved by councilor Kirkham that Martha Jane Peterson and Richard Milisci be reappointed to the Wichita Falls /Wichita County Board of Health for terms to expire December 31 , 1992 . Motion seconded by Councilor Hughes, and carried unanimously. Item 12i Moved by Councilor Kirkham that Dewey Paul LeCroy be reappointed to the Park Board for a term to expire December 31, 1993 . (Two vacancies remain. ) Motion seconded be Councilor Thompson, and carried unanimously. Item 12j Moved by Councilor Kirkham that David Cohn be appointed to the Plumbing and Mechanical Board of Adjustments and Appeals for a term to expire December 31, 1992 , and that Harley Burch, Leo Lane, and Carl Solomon be reappointed for terms to expire December 31, 1992. Motion seconded by Councilor Hughes, and carried .a,unanimously. Item 12k Moved by Councilor Kirkham that Tom Hill and Scott Cannaday (Alternate #1 ) be appointed to the Zoning Board of Adjustment for terms to expire December 31, 1992 . Motion seconded by Councilor Hughes, and carried unanimously. Item 121 Moved by councilor Kirkham that Rosalind Maley, John Eckert, Joe Clement, Lt. Joe Smith, and Wallace Picht be reappointed to the Traffic Safety Commission for terms to expire December 31, 1992. (One vacancy remains. ) Motion seconded by Councilor Thompson, and carried unanimously. Item 12m Moved by Councilor Kirkham that James Foster, Ted Litteken, and John Morrison be reappointed to the Building Board of Adjustments and Appeals for terms to expire December 31, 1993 . Motion seconded by Councilor Hughes, and carried unanimously. i 603 Item 12n Moved by Councilor Kirkham that John Salkeld be appointed to the Commission on Disability for a term to expire May 31, 1992 . (One vacancy remains. ) Motion seconded by Councilor Hughes, and carried unanimously. Item 12o Moved by Councilor Kirkham that Kenneth Hurley be reappointed to the Human Relations Commission, and Mary Land and Teri Halsey be appointed, all for terms to expire December 31, 1993 . Mr. Hurley will also serve as Chairman. Motion seconded by Councilor Thompson, and carried unanimously. The meeting adjourned at 10: 53 a.m. PASSED AND APPROVED this /S-6� day of y , 1991. Michae Lam, yor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk