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Min 04/16/1991 660 Wichita Falls, Texas Memorial Auditorium Building April 16, 1991 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 - Paul Hughes - Councilors J. W. Martin - Don Kirkham - . James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Jerry Hodges, Western Hills Baptist Church. A group of children from Sheppard Air Force Base were present for the reading lof a proclamation by Mayor Lam for the Month of the Young Child. Item 3 Moved by Councilor Kirkham that minutes of the meeting held April 2, 1991, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 4a-7d Moved by Councilor Kirkham that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried unanimously. Item 4a RESOLUTION NO. 62-91 RESOLUTION APPROVING SEVENTH AMENDMENT WITH HCR CAR RENTALS AND EXTENDING THE LEASE EXPIRATION DATE UNTIL APRIL 30, 1992 Item 4b RESOLUTION NO. 63-91 RESOLUTION APPROVING SEVENTH AMENDMENT WITH M & M RENTAL SERVICES, DBA NATIONAL CAR LEASING FOR LEASE OF SPACE AT WICHITA FALLS MUNICIPAL AIRPORT Item 5a The bid for estimated annual requirements of herbicide was awarded to Terra International, Inc. , in the amount of $10,600.80. Item 6a RESOLUTION NO. 64-91 RESOLUTION TO ACCEPT PROJECT FOR REPLACEMENT OF SANITARY SEWER LIFT STATION i. 661 Item 7 Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning Commission - March 13, 1991 b. Human Relations Commission - March 26, 1991 c. Park Board - March 21, 1991 d. Commission on Disability - April 1, 1991 Item 8a A public hearing was opened on annexation proceedings of a 0.26 acre lot along Bonny Drive. No one desired to be heard, and the hearing was closed. - - - - - - - - - - + ` Item 9a ORDINANCE NO. 35-91 ORDINANCE MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY IN THE AMOUNT OF $5,000 FOR THE PURCHASE OF VACANT LOTS ON CLIFT STREET Moved by Councilor Thomas that Ordinance No. 35-91 be passed. Motion seconded by Councilor Thompson. Councilor Thomas suggested that we continue to acquire any other property in that area as it becomes available for sale. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin and Kirkham Nays: None Item 9b ORDINANCE NO. 36-91 ORDINANCE AMENDING ORDINANCE 27-91 CHANGING THE DATE OF THE KFDX-TV3 FIREWORKS EVENT TO JULY 3, 1991 Moved by Councilor Hughes that Ordinance No. 36-91 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 9c ORDINANCE NO. 37-91 ORDINANCE OF THE CITY OF WICHITA FALLS AMENDING CHAPTER 27, STREETS AND SIDEWALKS, AT ARTICLE I, SECTION 27-3, AND CHAPTER 29, TRAFFIC, AT ARTICLE VIII, SECTION 29-215; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING A REPEALER CLAUSE AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS ADOPTED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 37-91 be passed. Motion seconded by Councilor Hughes. 662 lltem 9c, ,cont'd. Robert Parker explained that these changes are basically housekeeping procedures. The biggest problem is visibility and safety at intersections. The motion carried by the following vote. i Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None ( Item 9d A proposed ordinance was presented waiving the $2.00 per player tennis ltournament fee for a Big Brothers and Sisters of Wichita County, Inc., event at (Hamilton Park on April 19, 1991. A motion was made by Councilor Farabee, and seconded by Councilor Thompson, for its passage. Councilor Farabee felt that the precedent has already been set in the waiver of the fee for the supersectionals. Councilor Hughes expressed that he does not , agree that a waiver should be granted. Naomi Clark, Director of Big Brothers and Sisters, explained that it is designed to bring in schools and children from a 100-mile radius. She stated ( she does not have reservations, but they have been invited. Mr. Berzina noted that these kinds of events are held weekly, and believes it should not be waived. It is a completely different situation to the supersectionals. Councilor Martin noted that we should address this matter next year, stating all events should be the same. The motion failed by the following vote. Ayes: Councilors Farabee and Thompson Nays: Mayor Lam, Councilors Thomas, Hughes, Martin, and Kirkham Item 10a RESOLUTION NO. 65-91 RESOLUTION TO PLACE UNCOLLECTED INVOICES INTO DORMANT STATUS Moved by Councilor Martin that Resolution No. 65-91 be passed. Motion seconded by Councilor Hughes. Mr. Humbach explained and recommended the dormant status procedure. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10b RESOLUTION NO. 66-91 RESOLUTION AUTHORIZING PURCHASE OF VACANT LOTS ON CLIFT STREET Moved by Councilor Thompson that Resolution No. 66-91 be passed. 663 Item 10b, cont'd. 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 10c RESOLUTION NO. 67-91 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS Moved by Councilor Hughes that Resolution No. 67-91 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-_ Item 10d RESOLUTION NO. 68-91 RESOLUTION TO APPROVE CONTRACT WITH DEPARTMENT OF AIR FORCE (SHEPPARD AIR FORCE BASE) FOR TREATMENT OF MUNICIPAL AIRPORT SEWAGE Moved by Councilor Farabee that Resolution No. 68-91 be passed. Motion seconded by Councilor HughE:s, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10e RESOLUTION NO. 69-91 RESOLUTION TO MODIFY CONTRACTS WITH CONSULTING ENGINEERING FIRM OF BIGGS & MATHEWS, INC. Moved by Councilor Kirkham that Resolution No. 69-91 be passed. Motion seconded by Councilor Thompson. Mr. Bonnett explained the two contracts involved, stating he believes the Council has no legal obligation to do this, but is brought to them in the doctrine of fairness. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None 664 Item 10f RESOLUTION NO. 70-91 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE GOLF COURSE CONTRACT AMENDMENT NUMBER SIX WITH RSL FOR MANAGEMENT OF THE WEEKS PARK MUNICIPAL GOLF COURSE Moved by Councilor Hughes that Resolution No. 70-91 be passed. Motion seconded by Councilor Martin. Councilor Kirkham asked for an explanation of where we stand, asking if arbitration consists of only two people? Mr. Berzina explained the history of this request, stating that arbitration called for one company representative, one city representative, and a third person picked by the other two. Perry Goolsby was selected by the City, and Marty Streiff was selected by,the Company. The third arbitrator has not been selected. One thing addressed not pertaining directly to arbitration was the amount of money RSL pays the City for the use of the facility, which is a joint proposal , coming back to the Council. Because of arbitration, the fees are outside the : scope of the Council for action. Mr. Goolsby came up with some suggestions to change the contract. One would be that they waive any collection of the fees to the City through 1992. They would also guarantee that the City would not charge for water used on the golf course for the same period. This is a partially arbitrated or negotiated agreement. Changes in fees were discussed. Councilor Kirkham asked if they have had final arbitration, and Mr. Humbach stated not under the terms of the contract. The Council will either accept it, or reject it, and go back through the formalized arbitration procedure. Councilor Thompson noted that a month ago most of them voted against it, not because they were being too lenient, but because they were asking too much. This contract seems to be worse than the first one. It does not seem that arbitration has happened, and acceptance of this makes no sense to him. He stressed fairness to all players, and stated this is an example of giving away the golf course. He would like three arbitrators to talk about fees only, and leave the rest of it alone. Councilor Martin noted that he feels the citizens have already been ill served. We have given them free water and free rent. He would like to have a system of accounting set up by our CPA on a monthly basis so that we can monitor this situation. Councilor Hughes stated that once it has been sent to arbitration we should support it. Councilor Thompson again pointed out that this is not arbitration, and the citizens have been ill served. Councilor Martin stated that they got a ( ruling from the City Attorney that what they did was legal. Councilor Thompson expressed that it may be legal, but it is not proper. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Hughes, and Martin Nays: Councilors Thomas, Thompson, and Kirkham Item lla I f RESOLUTION NO. 71-91 RESOLUTION TO AWARD BID TO CONEX CONSTRUCTION, INC. FOR THE HOLLIDAY CREEK SANITARY SEWER INTERCEPTOR PROJECT Moved by Councilor Hughes that Resolution No. 71-91 be passed. Motion seconded by Councilor Martin. Mr. Bonnett pointed out that this is a water treatment plant project. 665 Item lla, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 9:20 a.m., and reconvened at 9:35 a.m. Item 12a William C. Young, 1018 Widows Lane, questioned how long we can afford to give away $50,000 a year when we need street repairs. He also asked about the Lone Star Gas rate request, and Mayor Lam stated they will be meeting with them later this month, and following this public hearings will be held. He also mentioned fire breaks. George Banta, 4436 Callfield, again mentioned the culvert vs the ditch on Sheppard Access Road. He stated that a ditch would hurt their business, but a culvert would enhance it. Mayor Lam asked if the property owners would be willing to share some of these costs, but Mr. Banta was not sure they could. Mr. Berzina explained that the City has had this easement for several years. It has been used for private use for many years. If the owners are not willing to pay part of these costs, then the City should go ahead with the project as they designed it. The City would have to modify it for their use. This would be taking the City in a different direction from which they wished to go. Mayor Lam noted they could not set a precedent for use of an easement that we have owned for several years. Mr. Berzina cited this and the aqueduct as examples of private uses being made of city property. Steve Goen, 901 North Brook, explained that they have had a large setback in their plan for the railroad museum. They do not have the money to purchase ties. Mr. Berzina stated they have not been funded because the City chose not to do so. It is up to them to raise their money somewhere else because the City is not planning to fund them. Giola Ozuna, 1507 Bell, suggested that the fire and police museum be combined with a railroad museum. Mayor Lam referred her to Mr. Goen. - - - - - - - - - - AVA Betty Parks, 307 Taylor, asked when the Farmers Market will be open. Councilor Thompson explained that the Market will be open on May 1. Councilor Kirkham noted that changes will be made in the Farmers Market. - - - - - - - - - - , Glenn Quarles again appeared regarding the use of the pond at the soft- ball complex for model boat races. Mayor Lam noted that input from the Parks Director will be important to their decision. The master plan concept, cost, and where they will find the money have to be looked at. Mr. Berzina also expressed problems with conflict in use of the pond. He also stated that the BCI is not ready to make a recom- mendation; they are having trouble identifying convention impact. 666 Item 12a, cont'd. John Adams, 5119 Lakeshore Drive, appeared regarding maintenance of Lake Wichita. Mayor Lam noted that a study is being done now trying to determine what the bottom of the like is, stating they do not plan to abandon Lake Wichita. The shoreline will change some because of the dam. Sherry Knox, 4809-4907 Lakeshore Drive, stated she was told by a man at the City that they would no longer have lakefront property. Mr. Berzina commented that if the lake is to be restored, Lakeside City residents may have quite an expense in this. The lake will have to be dredged, if it can be dredged, because of the EPA standards on hazardous material. Item 12b Councilor Thompson asked about an Affirmative Action report, and Louise Houseworth explained that the Personnel Officer was out of town because of a death in her family. It will be on the next agenda. Councilor Thompson requested that the tour of the East Side be postponed until after the election. He also noted that Jesse Williams had raised a question about trying to get a lot replatted on Corwin and Madison. Madison Street is not paved, and he wants to make sure the City makes a commitment to pave it. Mr. Bonnett explained there is a drainage problem to be addressed in the paving process. The main issue is the funding for the street paving. Curb and gutter could be waived by the Council. Mr. Berzina stated he will forward a report to the Council. Councilor Kirkham discussed the Farmers Market, stating none of the proposals received have been suitable to their request for proposals. Changes have been discussed concerning type of management and operation. He noted it will be open May 1, 1991. Councilor Kirkham also mentioned the fire break issue. He noted the impor- tance of eliminating high weeds, grass, trash, etc. behind residential areas. We have individual lots in the City that are cited for weed growth. Discussion of some type of notification on the fence may be needed indicating that it is being worked, along with some publicity. Councilor Kirkham noted an assault on the park trails, and the published schedule of the police patrol in that area. Major Davis explained that is not the only time the park is being patrolled, but these officers are scheduled at certain times. Councilor Kirkham objected to announcing the time schedules because it lets offenders know when they are going to be there. Mr. Berzina explained there will be police officers there at other times. Councilor Farabee urged citizens to apply for appointment to various boards and commissions. Councilor Hughes noted a Rotary Park project on Hughes Street. A report will be prepared. Warren Silver reported on the Area Government Relations Committee, and requested that the Council host an area wide meeting for those within a 50-mile radius of Wichita Falls. The Council urged him to proceed with plans. Councilor Martin noted the increase in fee at the Activities Center when a group wants to bring in their own food instead of the contracted caterer providing the food. 667 Item 12b, cont'd. Councilor Martin also mentioned the river patrol in the park, stating one policeman has already been injured, and will be off three or four weeks. He questions the feasibility of using this type of equipment, stating the officers should be better trained before they are put on the machines. Councilor Thomas noted an article in an out of town paper regarding the weather bureau and storm-warnings. Our pre-warning in 1979 saved thousands of lives. If we don't do something we will lose our weather bureau in 1992. Councilor Thomas asked for a council review of proposed tax statements. - - - - - - - - - - Mayor Lam noted the economic good news about Sheppard Air Force Base. He '"'� expressed appreciation to the senators and congressmen who have gone to bat for this area, along with Sheppard's role in it. Item 12c Mr. Berzina stated that the Affirmative Action report will be on the next agenda since Mrs. Stricklin had to leave the City because of a death in the family. Mr. Berzina also noted that the loitering problem on public property has improved. A report on 4606 Northshore was handed out. The Corps of Engineers contract has been signed with the two provisions dealing with review rights before contracts are put out, and before they are accepted by the Corps. As signed, the contract states the City will pay for the redesign cost. Other legislation is working to allow the City to pay only five percent of the cost. The redesign is expected to be started soon. Mr. Bonnett noted that the water pump will be changed out on the Falls, stating it will be down three to five days. He also stated that Lake Wichita soil borings will start on Monday. Mr. Humbach noted the various schedules for the Lone Star Gas rate increase findings, stating a work session will be held on May 7, with a special council meeting on May 14, to act on this report. Item 12d The Council recessed into executive session at 11: 15 a.m. , according to Article 6252-17, Sections 2(e) , (f) , and (g) . The meeting reconvened at 12:14 P.M. Item 12e Moved by Councilor Kirkham that Darrell S. Lohoefer be appointed to the Library Advisory Board for a term to expire June 30, 1993. (replacing Billie Petete) 668 Item 12e, cont'd. Motion seconded by Councilor Thompson, and carried unanimously. The meeting adjourned at 12:15 p.m. c PASSED AND APPROVED the �� day of 1991. Michael Lam, May r r ATTEST: Wilma J. Thomas, CMC/AAE City Clerk