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Min 06/16/1987 552 Wichita Falls , Texas Memorial Auditorium Building June 16, 1987 Items_ 1 & 2 i The Cite Council of the City of Wichita Falls, Texas, met in regular session on the above date, in the CouncilRoom of the Memorial Auditorium Building at 5:30 o'clock P.M. , with the following members present. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Councilmen Ron Suffum Don Kirkham � James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Ruth Ann Allred Absent The invocation was given by Robert Welch, Church of Jesus of Latter Day Saints. _,-iarl es Harper, Mayor, read a poem by an unknown author co.nce i ng I That Stranger" . Bob Barenberg presented a basket of used golf balls to Charles Thol7as, from several of his friends who were present, stating that he spends a lot of time looking for them. They also presented hi :; with one d07en nevj golf balls, which were inscribed "Boss Hog" . Councils '-J'i Thof�Ias st.- thE,' he was happy to report that Weeks Park is in the best s'h, it has been in several years. Charles Harper, Mayor, noted that the Holliday Creek agreement was signed last Saturday with the Department of the Army (Corps of Engineers) . He read a letter from Senator Lloyd Bentsen, congratulating the city. Item 3 Moved by Councilman Thomas that minutes of the meeting held June 2, 1987, be approved. Motion seconded by Councilman Kirk,-am, and carried unanimously. Items 4a-6h Items 5b, 5c, 6a , 5[), 6f were moved to the reqular agenda. Moved by Councilman T;u;P,,, son that the consent agenda be approved. Motion seconded -v C°c;s.ln-i loran Hirschi . 553 Item 4a ORDINANCE NO. 57-87 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBERS 4550-089-0100 AND 4550-089-0200 Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 4b ORDINANCE NO. 58-87 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A UTILITY EASEMENT IN LOT 1 , BLOCK 6, SIKES ESTATES, SECTION G-5, WICHITA FALLS, TEXAS Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 5a RESOLUTION NO. 98-87 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE KEMP BOULEVARD REHABILITATION PROJECT Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6c Minutes of the meeting of the Planning and Zoning Commission held May 13, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6d Minutes of the meeting of the Zoning Board of Adjustment held May 20, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6e Minutes of the meeting of the Landmark Commission held May 21 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6g Minutes of the meeting of the Board of Directors of Reinvestment Zone No. 1 , Tax Increment Financing, held play 12, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None 554 l Item 6h Minutes of the meeting of the Civil Service Commission held June 9, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: ;None Item 5b RESOLUTION NO. 99-87 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE 1987 CD MILLING AND STREET OVERLAY PROJECT Moved by Councilman Buffum that Resolution No. 99-87 be passed. Motion seconded by Councilman Hirschi . Councilman Buffum confirmed that the work is up to standards of the city, and that there is an overall savinqs to the citizens of our city. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 5c RESOLUTION NO. 100-87 RESOLUTION APPROVING CHANGE ORDER NUMBER 2 AND ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE HARVARD STREET RECONSTRUCTION PROJECT Moved by Councilman Thompson that Resolution No. 100-87 be passed. Motion seconded by Councilman Buffum. Councilman Buffum confirmed with Mr. Zelenok that this type of work anywhere in the city will require those handicap ramps. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6a Moved by Councilman Kirkham that minutes of the meeting of the Traffic Safety Council held May 6, 1987, be received. Motion seconded by Councilman Thompson. Councilman Kirkham asked if the Mayor had received a letter from this commission desiring to combine it with the Traffic Commission? Charles Harper, Mayor, stated that he had, and that he was of the opinion that they should be combined. The motion was carried unanimously. 555 Item 6b Moved by Councilman Buffum that minutes of the meeting of the Kemp Public Library Advisory Board held May 6, 1987, be received. Motion seconded by Councilman Kirkham. Councilman Buffum asked about the possibility of using the Presbyterian Wilson House for this addition? Mr. Barrett explained that it would not be feasible for various reasons. Miss Houseworth stated that these are projects included in the capital improvements plan. The motion was carried unanimously. Item 6f Moved by Councilman Thompson that minutes of the meeting of the Park Board held May 28, 1987, be received. Motion seconded by Councilman Hirschi . Councilman Hirschi asked if the recommendation concerning the Weeks Park Tennis Center was a staff or Park Board recommendation? Mr. Murphy stated that it is a staff recommendation. The motion was carried unanimously. Item 7a A public hearing was opened on Community Development Block Grant funding. City Manager James Berzina stated that they are required to have the public hearing, and the City Council has the responsibility for appropriating these funds in the designated target areas. He mentioned suggested appropriations as shown in the memo. Charles Harper, Mayor, explained that he sits on the Board of Child Care, Inc. , and he will not be discussing or voting on this. James Esther, 1615 Gray Fox, requested that community development block grant funds proposed for river development be used for the purpose of extending Red Fox to Maurine Street. Gene Shearman, 4521 Hollandale, represented the Wichita County Taxpayers Association, noting that the river development funds are shown in the commentary as $250,000, instead of $275,000. He also commented on other items, and asked by what authoritv does the Council have to start a major Wichita River project without authority of the people? He asked about the overall cost. Would it be $975,000 to start? Councilman Thomas asked why he would want to cut down here when we are not cutting down on Holliday Creek? Mr. Shearman stated that this has been a source of flooding on Holliday Creek for many years. The Holliday Creek issue was taken to the voters , and this also should be taken to the voters. Councilmen Thompson and Buffum agreed that the Council should allow the citizens to express their views, without debate. The Council can then take it into consideration. Lindsey Walker, 1411 Trout Street, expressed concern about the way the City is going. He is concerned about deterioration of the economic base, especially in the Eastern area of the city. The blighted area designation has not been successful . They are initiating a public/private economic develop- ment corporation. In the short term they are looking at how to get this off the ground. In the long term, they hope to have this as a self-sustaining pr-ogram within five years. They are trying to find a Chief Executive Officer, and other elements of a program. The City, School , County, and Sheppard Air Force Base will be involved in this. It is his dream that within five years 556 Item 7a they will have a commercial strip along Eastside Drive. They will also have to address the needs of this financial corporation over the years. They will be talking to the banking people about the Community Reinvestment Act. He requested $50,000 from these block grant funds. Charles Harper, 1Mayor, commended Mr. Walker for the work he has done in bringing this forward. I Dale Heath appeared, representing the Senior Citizens of North Texas, stating that they are in very good shape this year. They have expanded some of their programs, and organized some new ones. Miss Heath stated that Nortex has funded only critical services, and they have not set aside funds for rehabilitation of the Red Door Senior Citizens Center. She requested a one-time expenditure of $12,700 to help with the central office rehabilitation. Robert Beaver, No. 6 Farris, stated that he has lived there 28 years, and the river has never got as high as it did this year. He had to get into a boat this time at his door. He wants them to continue working on the river development. Reginald Blow, 1408 Normandy, stated that the Economic Development Coorporation has wide support in District 2. I I David Brock, 1209 21st Street, requested that they eliminate $275,000 for river development, and substitute instead the proposed Maurine Street extension, $15,000 for the Senior Citizens Center, $10,000 for development of the Economic Development Committee, and $10,000 for placement of police along the borders of Williams Park. Christy McKenzie, 4123 Picasso, stated that he represented the Quail Creek homeowners. He requested flood control for McGrath Creek, stating that he feels they need to look at whether Wichita River development or flood control is more important. Councilman Thomas asked Mr. McKenzie if anyone has explained that they have had a plan with the Corps of Engineers for four years. The problem is that the creek has to be opened before McGrath Creek can be opened. He further explained that you have to have a place to first put the water. McGrath Creek is not yet a part of the Holliday Creek project. Councilman Buffum explained that we have a good chance of getting assistance on McGrath Creek down the road in a few years. Mr. McKenzie requested that Holliday Creek, McGrath Creek, and the Wichita River take precedence over river beautification. Thomas Barfield, 1812 Rose, supported the request for senior citizen funds. James Williams, 828 Elwood Street, noted the Juneteenth celebration at Williams Park this Saturday. The public hearing was closed. Charles Harper, Mayor, requested that the City Manager prepare a list of the requests which were made, for their consideration. Councilman Hirschi requested that Mr. Shearman clarify the figures he gave on the $975,000 cost. Mr. Berzina explained that the $975,000 includes the $275,000 for river development, without credit for the waterfall . Item 8a Discussion was held on a proposed resolution amending the contract of Hamilton Park Tennis Pro. A motion was made by Councilman Thompson, and seconded by Councilman Thomas, for its passage. Charles Harper, Mayor, stated that he had had more comments on this in the last two days than he had in four years on the Council . This was also confirmed by Councilman Buffum, stating that he wondered if 557 Item 8a, cont'd. some of the citizens could have some comments on it? Councilman Thomas stated that it seems that it fell between the Park Board and the City Council , since it is our contract. Councilman Thompson stated that he had heard comments that the savings would be so minute that it would not be feasible. Mr. Zelenok commented about the possible low water crossing. Councilman Buffum stated that some individuals have expressed that we need to keep this facility open. Jody Ann White, 3018 Stearns Street, stated that she believes, with proper motivation, Weeks Park Tennis Center has the possibility of staying open. She stated that she would like to take it on a trial basis for 60 days. Jackie Spraggins, 4208 York, stated that she believes this proposal would be in the best interest of the City, if certain factors exist. Parking will have to be on the South where tennis courts are. Wichita Falls Tennis Association is committed to the Super Sectionals Junior tournament on June 12, 1988. Courts must be in good condition. The tennis association has contributed to the tennis centers over the years. Councilman Buffum mentioned the offer of a 60-day acting pro. He asked if we could make a motion to do this? City Attorney H. P. Hodge stated that if they wanted to accept the resignation of Jayne Lynds, then they could. A substitute motion was moved by Councilman Buffum to accept the resignation of Jayne Lynds, and that Jody Ann White be offered the opportunity to be employed as a professional at the center for 60 days, and evaluate it at the end of that period. The same contract would be used that we are presently working under, with a 60-day cancellation clause in this contract. Motion seconded by Councilman Thomas. Charles Harper, Mayor, and Councilman Buffum requested that this go back to the Park Board before the end of 60 days. Concern was expressed by Councilman Kirkham that Joe Tom White, Chairman of the Park Board, stay out of the decision making since he is the father of Jody Ann White. Jack Murphy noted that he was recommending an opportunity of cost savings, not as a loss of opportunity to play tennis. They will get more input from people, and funnel it back through the Park Board. Councilman Thompson stated that he would hope that he would bring this back to the Council as to how to measure whether it is successful or not. Councilman Buffum stated that the contract comes up on a fiscal year. Mr. Berzina stated that he is comfortable about putting someone in there on an emergency situation. There may be reasons why the tennis courts cannot stay open. We have to make this tournament happen, but we have to look at what will happen beyond this point. They are having to do periodic work now to keep this bridge open. We will have to put the tennis facilities where it will work. The substitute motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None The City Council recessed at 7:15 P.M. , and reconvened at 7:50 P.M. Charles Harper, Mayor, called on Officer Pam Rogers for a drug dog demonstration with the animal . 558 i Item 8b RESOLUTION NO. 101-87 I RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A LEASE WITH IMAGE ADVERTISING CO. FOR AN OUTDOOR ADVERTISING SIGN ON SOUTHWEST PARKWAY Moved by Councilman Buffum that Resolution No. 101-87 be passed. Motion seconded by Councilman Thomas. Councilman Hirschi stated that he does not have a problem with the jshort-term lease. Mr. Berzina addressed concerns, stating that it seems la short-term lease would be better. Councilman Hirschi would like to � be able to terminate the lease within 60 days, and pro rate the rent, without specifying the purpose. City Attorney H. P. Hodge stated that it is not necessary to terminate it only for the reason of a public use. ,Mrs. Chasteen stated that no damages were paid for the sign in acquiring , Holliday Creek property. Tommy Richardson, 4402 Montego, stated that he has no real objections to making some exceptions to the length of the contract. He agreed to two years, with an option to renew, if it is not needed for Holliday Creek. Councilman Hirschi mentioned accelerating the rental after two years. Motion seconded by Councilman Hirschi , and carried unanimously. Moved by Councilman Hirschi that the advertising sign permit be amended to strike out the clause about property being needed for public purpose, and that either the lessee or lessor may terminate the lease. Motion seconded by Councilman Thompson, and carried unanimously. The resolution, as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 8c Discussion was held on a proposed resolution accepting the resignation of Council Member Ruth Ann Allred. Charles Harper, Mayor, asked City Attorney H. P. Hodge to explain the things mentioned in a memo from Jeanie Thompson. Mr. Hodge explained that the City owns the property on which someone else holds an alcoholic beverage license. The state law of the Alcoholic Beverage Commission has limitations on the ability of one person or organization to have an interest in the wholesaling and retailing of alcoholic beverages. He explained the need for an agent' s license, and she is unable to have a permit or own a piece of property on which someone else has a retailer' s license. They would feel like that is open to question as to whether she is the owner of Weeks Park, any more than any other citizen. Miss Thompson is of the opinion that a home rule city may be subject only to the state laws and constitution; not a regulatory agency. They feel like it would be better to ask the Attorney General to construe the statute, and they would like to pursue that. Charles Harper, Mayor, noted that Miss Thompson feels that the Attorney General ' s opinion is the shortest route. They would like to table this, and for her to keep her chair until it is settled by the Attorney General . He further explained that they are not in any way accusing the Texas Alcoholic Beverage Commission of anything bad or false. Her employer has agreed to stop anything until the Attorney General rules. Mr. Hodge expected it to take about a month. Councilman Buffum stated that he 559 Item 8c, cont'd. feels we owe this to the people who elected her. Moved by Councilman Buffum that this matter be tabled for the Attorney General 's opinion. Motion seconded by Councilman Hirschi , and carried unanimously. Item 9a RESOLUTION NO. 102-87 RESOLUTION ACCEPTING BID OF BROWN-MCKEE, INC. FOR CONSTRUCTION OF U.S. 287 WEST PUMP STATION Moved by Councilman Kirkham that Resolution No. 102-87 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Councilman Thompson asked if the Section of the ordinance in hiring people within a 250 mile radius can be enforced? Jerry Gross stated that it can be because they must sign and state this in the contract. Item 9b Moved by Councilman Hirschi that the bid for an air compressor for servicing self-contained breathing apparatus be awarded to Stork Manufacturing, Houston, in the amount of $22,490. Motion seconded by Councilman Buffum, and carried unanimously. Item 10a was pulled from the agenda. Item lla Discussion was held on Maurine Street extension to the new softball complex. Councilman Hirschi asked about the width of the present Maurine Street. Mr. Zelenok stated that it has been increased from 46 to 51 feet. He further stated that a majority of the costs would be on the Sheppard Access Road end. Fifty to sixty percent of the cost would be for Maurine Street extension to the ball field. Cost of extension was discussed. Councilman Buffum' s opinion is that we need to try to access Red Fox with Maurine Street. We need to prioritize these capital bond projects. We can address these things then. We might separate this from the softball complex. Councilman Thompson suggested that we do something to rectify this problem. Charles Harper, Mayor, suggested three work session meetings; one to ask questions, one to prioritize, and one where we will talk about how we are going to do them. Councilmen Buffum and Kirkham agreed that it should be completed before the budget is adopted. Work sessions were scheduled on June 23, July 9, and July 23, 1987, all at 5:30 P.M. , in the Council Conference Room. 560 Item lla, cont'd. James Esther stated that he appreciated the comments, stating that he heard the same thing ten years ago about prioritizing. It seems when we get ready to do something, we end up with the philosophy of prioritizing. He thinks this thine has become sensitive. Councilman Thompson stated that he would hope we would find a solution to this within one year. Councilman Thomas noted that as far back as 1964 they were talking about trails, medians, etc. , so it looks like everything grinds slowly. Mr. Berzina stated that lie understands there are no guaranteed projects at this point. The Council will rank them, and determine possible funding. At some point we are going to have to talk about a bond project. Councilman Buffum and Charles Harper, Mayor, desired this to be a discussion of the Council only. Item llb Discussion was held on Harding Street detour alternatives. Mr. Zelenok stated that he thought the Harding Street bridge would be closed somewhere around the beginning of September, and expected a construction period of from six to fifteen months. Billy Delaney, No. 2 Bristol , expressed concern about the removal Lf the bridge, stating that it is coming at an untimely season. If there is no way to cross this span, it will create a hardship for kids who walk to school . Harding Street is a main artery on the East side to all segments of the city. He is appealing to the council to consider a better alternative. He thinks some type of temporary bridge should be considered for vehicles to cross, and some provision for children to reach the classroom. Charles Harper, Mayor, presented five options , as follows. 1 . Construct high traffic volume low water crossing complying with state standards - $100,000 2. Construct an emergency vehicle only low water crossing - $30,000 3. Construct a pedestrian only crossing - $12,500 4. Construct crossings at other locations along Holliday Creek - not viable 5. Establish a route for complete detour via Eastside Drive - N minimal city cost He suggested option 5 for traffic, along with option 2. Mr. Zelenok stated that his experience in closing bridges includes giving emergency vehicles a key. Councilman Buffum asked how this closure would affect their response time? Fire Chief James stated it would be six minutes. Right now it is about four minutes. East of the creek, response time would increase one or two minutes. Ideal response time is not more than four minutes. Mr. Zelenok stated that one option would be to leave the low water crossing unattended, and put up a cable. This was not recommended, however, because of the liability. Someone will cut cables and locks. Mr. Zelenok explained to Mr. Delaney that the existing bridge would have to be removed. It will be raised and extended. The bridge is being designed by Corlett, Probst, and Boyd, and is being sent to the Corps of Engineers for their approval . Councilman Kirkham asked if we could bend Harding Street to offset the new bridge, and leave it there until the new bridge is built? Dennis Probst stated that is a possibility, but on a long term standpoint it would be a lot more difficult to do. Mr. Zelenok was afraid that would require removal of housing on Harding Street. Discussion continued. Councilman Thomas was concerned about kids, and low water crossing. A footpath would be helpful . He wondered if we could run a city bus to help these people. The Councilmen were concerned about the low water crossing for vehicles versus longer fire 561 Item llb, cont'd. department response. Mr. Zelenok noted that a low water crossing could conceivably be under water. The Council agreed that they should talk to the public school system, and our transportation system, for this school year. David Brock stated that there is only one house on the North side between Williams and Collard. He questions why the bridge needs to be raised. Charles Harper, Mayor, suggested that Mr. Probst and Mr. Zelenok take a look at an offset situation on Hardina Street, as well as other alternatives. Mr. Zelenok stated that for relocations of bridges, the City will design and build it. The Corps does modifications of bridges. Harding is a relocation. Councilman Buffum asked Mr. McKinney if he had any concerns over major issues here, such as load bearing? Mr. McKinney stated that would be from an engineering standpoint. Charles Harper, Mayor, suggested they take a look at the offset to see if it would be a savings, provide a pedestrian crosswalk and suspended bridge, and provide a marked detour around it. They will talk with the school district about coordinating transportation for school kids. They will also talk with the Burlington Northern regarding blocking crossings. Item llc Charles Harper, Mayor, stated that he would be going to El Paso for a TML Director' s meeting. Cost to the City will be about $400. Charles Harper, Mayor, asked the City Attorney to look into a city foundation for donations to the Falls. Charles Harper, Mayor, would like the smoking ordinance to come to us in the near future. Charles Harper, Mayor, also mentioned that the vicious animal ordinance needs to be updated. Charles Harper, Mayor, noted that SB 1273 allows us to have CD' s to insure ourselves. The Storm Retention Task Force meeting will be called as soon as possible. Councilman Hirschi mentioned costs for Lynwood West park or lake. Charles Harper, Mayor, suggested that that be discussed in the capital improvements plan. Items 12d,e The Council recessed into executive session at 9:55 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 11:30 P.M. Moved by Councilman Buffum that board appointments be made, as follows. a. Landmark Commission Vernadene Huckaby - December 31 , 1989 John W. Hampton, Jr. - December 31 , 1989 b. Building Board of Adjustments John Glover - December 31 , 1987 (re-appointed) Randall Poteet - December 31 , 1988 (re-appointed) Dennis Dohrer - December 31, 1988 (re-appointed) 562 Item 12d,e, cont'd. c. Board of Electrical Examiners J. D. Riddles - May 31, 1988 (replacing Randy Kimbler) Clarence Ahlstrom - May 31 , 1989 (re-appointed) Chuck Dennis - May 31, 1989 (re-appointed) Charlie Jones - May 31, 1989 (re-appointed) d. Commission on Aging Kathleen V. Hull (District 5) May 31 , 1989 Herb Taber (District 1) May 31 , 19108 (replacing Jim King) e. Library Advisory Board Gracie Gregg - June 30, 1990 (re-appointed) Rosemary Capps - June 30, 1990 (re-appointed) John F. Grimes - June 30, 1988 (replacing Diane Alexander) James E. Snowden - June 30, 1990 (replacing Gaye Jo True) Thomas D. Pipes - Chairman Motion seconded by Councilman Thomas, and carried unanimously. The City Council adjourned at 11:35 P.M. PASSED AND APPROVED this 7;�Gz day of u 1987. ---�' Charles Harper, Mayor ATTEST: Wilma J. Thomas, CMC, City Clerk