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Min 06/18/1991 711 Wichita Falls, Texas Memorial Auditorium Building June 18 , 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 - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Don Kirkham - James Berzina City Manager Bill Sullivan Asst. City Attorney Wilma J. Thomas City Clerk The invocation was given by Elaine Dean. Item 3 Moved by Councilor Martin that minutes of the meeting held June 4, 1991 , be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 4a - 5b Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 4a RESOLUTION NO. 96-91 RESOLUTION TO GRANT EASEMENT TO TEXAS UTILITIES ELECTRIC COMPANY FOR NEW SERVICE AT RIVER ROAD WASTEWATER TREATMENT PLANT Item 5 Minutes of the meetings of the following boards and commissions were received. a. Library Advisory Board - May 28, 1991 b. Wichita Falls/Wichita County Health Board - April 26, 1991 c. Human Relations Commission - May 28, 1991 712 Item 6a RESOLUTION NO. 97-91 RESOLUTION APPROVING AMENDMENT OF PREVIOUSLY APPROVED FINAL STATEMENTS OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED Moved by Councilor Hughes that Resolution No. 97-91 be passed. Motion seconded by Councilor Martin. Mr. Berzina explained that this is the second public hearing for CDBG funds. Three projects are recommended which they do not feel should wait. They are reappropriating funds for Borton/Amber/Lee Streets, a roof for Fire Station 2 , and the City' s portion of the sidewalk construction at Rotary Park, for a total amount of $101,285. Charles Heimerdinger, 1816 Elizabeth, requested the Council to also consider construction of the Railroad Museum for the Depot Square area. Mr. Berzina noted that he did not know whether it would be eligible for funding, but this is just to use the amounts we have saved on other projects this year. We are not looking at next year' s funds yet. The public hearing was closed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7a ORDINANCE NO. 61-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9(B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON WELLINGTON LANE ADJACENT TO THE WEST LINE OF LOT 1, WADE ADDITION Moved by Councilor Loughry that Ordinance No. 61-91 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7b ORDINANCE NO. 62-91 ORDINANCE MAKING AN APPROPRIATION FROM GENERAL FUND FOR PURPOSES OF PROVIDING PUBLIC HEALTH SERVICES Moved by Councilor Farabee that Ordinance No. 62-91 be passed. Motion seconded by Councilor Hughes. 713 Item 7b, cont'd. Tom Edmondson explained the usage of these funds, stating it is a reimbursement for public health services. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7c ORDINANCE NO. 63-91 ORDINANCE MAKING AN APPROPRIATION IN THE TRANSIT FUND FOR GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HIGHWAYS FOR CAPITAL EQUIPMENT PURCHASES FOR THE TRANSIT SYSTEM Moved by Councilor Martin that Ordinance No. 63-91 be passed. Motion seconded by Councilor Hughes. Mr. Berzina explained that this is for purchase of capital equipment such as busses and one automobile, and other things. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7d ORDINANCE NO. 64-91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REPEALING ARTICLE IV, ENTITLED "CHARITABLE SOLICITATIONS" AT SECTIONS 8-91 ; 8-92; 8-98 , 8-99, AND 8-100, PROVIDING FOR NEW SECTIONS 8-91 AND 8-92 CONCERNING UNLAWFUL SOLICITATION PRACTICES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER CLAUSE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hughes that Ordinance No. 64-91 be passed. Motion seconded by Councilor Martin. Assistant City Attorney Bill Sullivan noted that this would remove antiquated sections, and in addition make a person subject to fine for misrepresentation of who they represent for charitable or other solicitations. Councilors Thompson and Kirkham spoke in favor of the ordinance. Councilors Farabee and Loughry questioned the policing of this regulation, and the difficulty of enforcement. Councilor Martin noted that enforcement will be up to the persons who are solicited, and their willingness to become involved. Councilor Hughes explained that this gives the City a mechanism for enforcement if citizens will come forward. 714 Item 7d, cont'd. City Clerk Wilma Thomas and Mr. Sullivan addressed various questions posed by the Council. Mrs. Thomas explained that it is wise for citizens to ask a solicitor to produce their permit for them to see because each solicitor is issued a permit if they have been approved for solicitation. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8a RESOLUTION NO. 98-91 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE EXTENSION OF RED FOX ROAD, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Thompson that Resolution No. 98-91 be passed. Motion seconded by Councilor Hughes. Bill Parker explained the need for the various tracts for this project. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8b A proposed resolution was presented approving lease to the Wichita Falls Railroad Museum of Lots 1-9, Block 177, Original Town of Wichita Falls. A motion was made by Councilor Farabee, and seconded by Councilor Martin, for its passage. Steve Goen stated he would like some changes in the lease provisions. Mr. Heimerdinger expressed his support for the Railroad Museum to educate our children. IWOF Miss Houseworth explained the two changes made to this lease which were not included in the original lease. Mr. Goen would like to delete Lots 8 and 9 on Ohio Street. Mr. Berzina cautioned that if they are deleted they may disappear. Mr. Goen requested a 30-year lease and elimination of the clause pertaining to the City' s determination of acceptable progress. He also requested an option to purchase and first right of refusal, and the right to cancel the lease with 60 days written notice. Mayor Lam inquired if this request is based on receiving funds from the City in an amount of about $50 , 000. Mr. Goen replied, not necessarily. Councilor Farabee expressed that he would like to see this come back to the Council after their Board has worked with the Legal Department to put something in writing. He had no objections to deleting the acceptable progress clause. 715 Item 8b, cont'd. Other discussion continued on a 24-month lease, with options to renew, and also a clause to protect the City if the museum effort fails. Mr. Berzina agreed that this should be addressed. Mr. Sullivan also pointed out that the City cannot give anyone first right of refusal or an option to buy because of state law requiring bids to be taken. Moved by Councilor Martin that this matter be tabled until agreement has been reached by the Railroad Museum and the City. Motion seconded by Councilor Thompson and carried unanimously. Item 8c RESOLUTION NO. 99-91 A RESOLUTION APPROVING THE ELEVENTH AMENDMENT TO THE WATER PURCHASE CONTRACT WITH DEAN DALE WATER SUPPLY CORPORATION TO ENLARGE SERVICE AREA Moved by Councilor Martin that Resolution No. 99-91 be passed. Motion seconded by Councilor Thompson. Martin Litteken stated that the area has been changed to exclude the area near Sheppard Air Force Base. The Council expressed appreciation for their efforts in this modification. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8d RESOLUTION NO. 100-91 RESOLUTION PROVIDING FOR THE ANNUAL AUDIT FOR FISCAL YEARS ENDING 9-30-92, 9-30-93 AND 9-30-94 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MATHIS, WEST AND HUFFINES Moved by Councilor Martin that Resolution No. 100-91 be passed. Motion seconded by Councilor Farabee. Councilor Hughes noted that because of a possible conflict of interest, he will abstain from discussion and voting on this matter. Vernal Huffines, of Mathis, West, and Huffines, expressed appreciation for the opportunity to be considered for an additional extension of the audit of the City of Wichita Falls. Mayor Lam complimented the firm for their work and support to the Council. 716 Item 8d, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 9a RESOLUTION NO. 101-91 RESOLUTION TO AWARD BID TO BADGER METERS, INC. AND SCHLUMBERGER INDUSTRIES FOR ANNUAL SUPPLY OF WATER METERS Moved by Councilor Hughes that Resolution No. 101-91 be passed. Motion seconded by Councilor Farabee. Councilor Loughry commented that it would have been nice if they had used the previous figures. It was noted that the City still saved $29, 300 by re-bidding. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 9: 40, and reconvened at 9: 55 a.m. Item 10a Valerie Little, 1706 Avalon, outlined the Juneteenth celebration which will take place this week, and invited all to participate in the march and other activities, stating they are ready to reclaim their community from drugs. Item 10b Councilor Loughry noted the upcoming discussion of carports at the Planning and Zoning Commission meeting. Councilor Martin commented that at the next Council meeting they want to show some pictures of things which the Council needs to take action on. Councilor Farabee noted the SCLC barbecue in Williams Park this coming Saturday. 717 Item 10b, cont'd. Councilor Kirkham noted that he had received three calls in the last month about water being cut off at the wrong address, and suggested that it be looked at. He also mentioned negative calls concerning the paying of overtime for seatbelt enforcement. He commented on the saving of lives. He also noted that Sheppard Air Force Base is having difficulty getting certificates signed by Governor Ann Richards for foreign students. Mayor Lam suggested that Councilor Farabee look into this situation. Councilor Thompson noted weeds at Patterson, Farris, and 3rd Streets. He also commented on the drug problems in the City, and Miss Little ' s courage in bringing this to the Council. Item 10c Mr. Berzina noted that the time has come and gone for Lone Star Gas to file an appeal with the State Utility Commission. They have not filed a request so the rates will stay the same at this point in time. Robert Parker reported on clearing of tree overgrowth. They plan to cover the entire City, beginning with the older parts. Item 10d The City Council recessed into executive session at 10: 12 a.m. , according to Article 6252-17, Section 2(g) , VACS. The meeting reconvened at 11: 10 a.m. Item 10e Moved by Councilor Thompson that the City Manager be authorized to settle the civil suit with the Wichita Falls Country Club. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Farabee, Thompson, Martin, and Kirkham Nays: Councilor Hughes Item 10f Moved by Councilor Kirkham that Randy Holley be reappointed to the Housing Authority Board for a term to expire July 1, 1993 , and that new appointments be held for new applicants. Motion seconded by Councilor Martin, and carried unanimously. 718 Item 10g Moved by Councilor Kirkham that Sam Dennison, Leo Watts, and Lyn Goodgion be reappointed to the Library Advisory Board for terms expiring June 30, 1994, and that a new appointment be tabled. Motion seconded by Councilor Hughes, and carried unanimously. Item 10h Moved by Councilor Kirkham that all appointments to the Traffic Safety Commission be tabled for additional applicants. Motion seconded by Councilor Farabee, and carried unanimously. The City Council adjourned at 11 : 13 a.m. PASSED AND APPROVED this the.- Iil da of 1991 . Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk