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Min 05/17/1988 862 Wichita Falls, Texas Memorial Auditorium Building May 17, 1988 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. Perry Goolsby Mayor John Hirschi Charles Thomas Angus Thompson Councilors Robert Barenberg Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Jan Azevedo City Clerk' s Office Fred L. Werner Finance Director The invocation was given by John Edie, First Baptist Church. Mayor Goolsby, read "The Bridge Builder" . Item 3 Councilor Kirkham corrected 13a of the minutes of May 3 , 1988, to read Don Massie. Moved by Councilor Barenberg that the minutes of the meeting held May 3 , 1988, be approved with the correction noted. Motion seconded by Councilor Kirkham, and carried unanimously. Moved by Councilor Thomas that the minutes of the meeting held May 11, 1988 , be approved. Motion seconded by Councilor Barenberg, and carried unanimously. Mayor Goolsby explained consent and regular agenda. Item 4a - 7e Items 5a, 6b, and 7e were moved to the regular agenda. Moved by Councilor Thomas that the consent agenda be approved. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: Councilor Kirkham 863 Item 4a Ordinance No. 59-88 ORDINANCE WAIVING SECTION 22-1(a) 8 AND SECTION 22-4 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF FOOD AND SOFT DRINKS AND TO ALLOW THE CONSUMPTION OF ALCOHOL IN HAMILTON PARK ON SATURDAY, OCTOBER 1 , 1988, FOR THE BOW WOW RUN TO BE SPONSORED BY THE HUMANE SOCIETY. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 4b Ordinance No. 60-88 ORDINANCE CHANGING THE DATE OF THE REGULAR CITY COUNCIL MEETING OF JUNE 7, 1988, TO MAY 31, 1988. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 5b The bid for traffic signal housing and brackets was awarded to Traffic Signals, Inc. , in the amount of $11,255 . Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 6a Resolution No. 101-88 RESOLUTION TO ACCEPT U.S. 287 PUMP STATION PROJECT AS COMPLETE AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT TO CONTRACTOR Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 7a Minutes of the meeting of the Wichita Falls-Wichita County Public Health Board held April 22, 1988 were received. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 7b Minutes of the meeting of the Mayors ' s Commission On The Status Of Women held April 7, 1988, were received. 864 Item 7b (Cont'd) Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 7c Minutes of the meeting of the Board of Electrical Examiners, held April 14 , 1988, were received. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 7d Minutes of the meeting of the Landmark Commission held April 21, 1988, were received. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 5a Resolution No. 102-88 RESOLUTION ACCEPTING BID OF MR. MISTER FOR CONSTRUCTION OF AN IRRIGATION/SPRINKLER SYSTEM IN BRIDWELL PARK Moved by Councilor Buffum that Resolution No. 102-88 be passed. Motion seconded by Councilor Barenberg. Councilor Hirschi inquired to what extent staff was working with water conservation on the irrigation system. Mr. Murphy explained the timer would come on in the evening when water was cooler and that the underground system would be more efficient. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 6b Resolution No. 103-88 RESOLUTION TO ACCEPT PHASE "C" - ELECTRICAL EXTERIOR UTILITIES, EXTERIOR SPORTS LIGHTING AND PARKING AREA LIGHTING AT THE SOFTBALL COMPLEX AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Moved by Councilor Barenberg that Resolution No. 103-88 be passed. Motion seconded by Councilor Hirschi. Councilor Hirschi requested to be notified of the final cost estimate and inquired on how close to projection. 865 Item 6b (Cont'd) Mr. Suggs advised he did not have it at this time. Councilor Hirschi then inquired of the difference between Change Order #2 and #3 . Mr. Suggs explained the differences and advised the cost projections would not be inordinately above previous discussions. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 7e Moved by Councilor Hirschi that the minutes of the Wichita Falls Park Board held April 28 , 1988 , be received. Motion seconded by Councilor Buffum. Councilor Hirschi requested an update on Riverwalk progress and an assessment of grants to further CDBG Management. Mr. Murphy advised he is pursuing a Y.O.U. grant and JTPA for supervisors, as well as using CDBG funds for leaders to work on clearing the trail on both sides. The primary construction of the trail will be done by the Public Works Department and may take three to four months. He also advised one possible grant would be the Parks & Wildlife Department' s local park fund, which would have to be submitted by July 31. Construction and approval would not be for six months after that time. Other options would be private grants, which should only take a matter of weeks for approvals. Councilor Hirschi asked if the program should be off and running by school' s end. Mr. Murphy advised requests had already been submitted and it should be. He noted the program calls for approximately 40 jobs, with four students per supervisor. The motion carried unanimously. Item 8a Ordinance No. 61-88 ORDINANCE WAIVING APPENDIX A SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON DITTO LANE, LOT 1, BLOCK 1, CHEROKEE-DITTO SUBDIVISION Moved by Councilor Thomas that Ordinance No. 61-88 be passed. Motion seconded by Councilor Barenberg. Mr. Berzina stated staff recommended granting of waiver because the remainder of the street was not brought up to standard. He explained procedure of granting waivers. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None 866 Item 9a Resolution No. 104-88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PARCELS #36, #37, #41, AND #42 FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Thompson that Resolution No. 104-88 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. I Nays: None Item 9b Resolution No. 105-88 RESOLUTION DETERMINING NECESSITY TO ACQUIRE PROPERTY FOR FILL AREAS FOR PHASE II OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Kirkham that Resolution No. 105-88 be passed. Motion seconded by Councilor Barenberg. i Dorcas Chasteen explained basis of payment with temporary and permanent easements. Councilor Thompson asked for clarification on the number of permanent and temporary easements. Mrs. Chasteen advised approximately 94 permanent and approximately 62 temporary easements in this phase, which is Phase II . The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 9c Resolution No. 106-88 RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION OF PARCELS #53-W, #54-W, AND #58-5 FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Buffum that Resolution No. 106-88 be passed. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None. (Councilor Thomas abstained from voting due to a possible conflict of interest. ) 867 Item 9d Resolution No. 107-88 A RESOLUTION ACCEPTING THE DONATION OF LAND FROM WICHITA FALLS FAITH MISSION, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE DEMOLITION AND CLEAN-UP OF SAID PROPERTY Moved by Councilor Hirschi that Resolution No. 107-88 be approved. Motion seconded by Councilor Barenberg. Council asked for staff response on ideas of use for the property. Mr. Berzina explained if the River Development Project proceeds, the land would be in a main area for use. If the River Development Project does not proceed, resale could be a factor. If Resolution No. 107-88 is not passed, the city could, in five years, given the economical status of the mission, end up with the building and paying demolition cost. Councilor Barenberg inquired on the value of the property. Mr. Berzina advised the Appraisal District has established value of $23 ,250. However, cost could be greater if negotiations were involved. Councilor Hirschi noted two businesses adjacent to the property should be approached for their possible temporary use of the property. Mr. McKinney noted the appraiser' s estimate of the property was $5, 250 for a vacant lot. Councilor Thomas stated there is a large lot by the river, out of the floodway, that debris could be dumped on, which had landowner ' s approval. Mr. Berzina advised if the bid is accepted by the city, they would be involved in the project and the furnishing of trucks and drivers. This would add to the cost. He stated that someone else was ready to take the same offer. Councilor Thompson said he feels if the city is going to need the property now or for future use, that now is the time to get it. Staff recommended Package B. Councilor Hirschi stated he did not want to rush into a decision without more investigation. Discussion was held on previous and future activity in the downtown area. It was mentioned that much activity had been for speculation. Councilor Thomas noted that if Resolution No. 107-88 passed, it would clean up a mess, help out a mission, and stimulate economy. Councilor Barenberg called for the question. It was seconded by Councilor Hirschi and carried unanimously. The motion for passage of Resolution No. 107-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Barenberg, Thomas, and Thompson Nays: Councilors Buffum, Hirschi, and Kirkham Item 9e Resolution No. 108-88 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 Hirschi that Resolution No. 108-88 be passed. 868 Item 9e (Cont'd) Motion seconded by Councilor Thompson. Councilor Hirschi asked for general discussion on philosophy or concrete plans. Mr. McKinney explained and discussed prioritizing projects. He noted the disadvantages of not passing the Resolution. Discussion was held on proposed funding. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 9f Resolution No. 109-88 RESOLUTION APPROVING CONTRACT WITH DAUGHERITY & GLOVER, INC. FOR ARCHITECTURAL SERVICES FOR REROOFING AND CONCRETE STAIR AND DECK WORK AT POLICE HEADQUARTERS, AND AUTHORIZING ADVERTISING FOR BIDS FOR CONSTRUCTION OF THE PROJECT Moved by Councilor Hirschi that Resolution No. 109-88 be passed. Motion seconded by Councilor Kirkham. Chief Harrelson reported temporary work had been done to the steps previously, and the 15,500 sq. ft. roof was damaged by hail. He noted any changes to the design of the steps would take away from the architectural beauty of the building. Discussion was held on affirmative action notice lacking on the contract. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 9g Resolution No. 110-88 RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION OF PARCEL #14-D FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING CONDEMNATION. Moved by Councilor Hirschi that Resolution No. 110-88 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None 869 Item 9h Resolution No. 111-88 RESOLUTION DETERMINING NECESSITY TO ACQUIRE PROPERTY FOR FILL AREAS IN CONJUNCTION WITH PHASE II OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Thomas that Resolution No. 111-88 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 9i Resolution No. 112-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT EXERCISE OF OPTION BY COMMUNITY ACTION CORPORATION TO RENEW LEASE AT 602 BROAD FOR FIRST RENEWAL PERIOD Moved by Councilor Buffum that Resolution No. 112-88 be passed. Motion seconded by Councilor Hirschi. Councilor Thompson did not vote or participate in the discussion, since he is the Director of Community Action Corporation. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item 10a The bid for a heavy duty fog generator for the Health Department was awarded to Public Health of San Antonio, Texas, in the amount of $5,395. Moved by Councilor Barenberg that the bid be awarded to Public Health of San Antonio, Texas, in the amount of $5,395. Motion seconded by Councilor Thompson. Discussion included the type of machine that will be used. The motion carried unanimously. Item 10b Item 10b was delayed. 870 Item 10c Loomis Armored Car Service and Ray Cannedy Security and Investigations presented their pertinent bid information for armored car service. Moved by Councilor Thomas to remove this item from the table. Motion seconded by Councilor Buffum, and carried unanimously. Motion made by Councilor Thomas to cast lots to decide which bidder will be awarded the bid. Motion seconded by Councilor Thompson. Mr. Hodge advised Resolution No. 113-88 should be amended to include accepting the bid of Ray Cannedy Security and Investigations by the casting of lots. Moved by Councilor Thomas to amend Resolution No. 113-88 to meet the needs of casting lots. Motion seconded by Councilor Hirschi. The motion carried unanimously. The motion to cast lots carried unanimously. A coin was flipped with Mr. Dickie, Loomis Armored Car Service, calling heads. The call was tails. Resolution No. 113-88 RESOLUTION ACCEPTING BID OF RAY CANNEDY SECURITY & INVESTIGATIONS FOR ARMORED CAR SERVICE FOR ACCOUNTING/FINANCE, TAX, UTILITY COLLECTION AND HEALTH DEPARTMENTS FOR A TWO YEAR PERIOD Moved by Councilor Thomas to award the bid to Ray Cannedy Security and Investigations. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum. Nays: None Item lla Moved by Councilor Kirkham that funding be approved for repairs at the rodeo grounds from the Hotel/Motel tax. Motion seconded by Councilor Buffum. Mr. Ronnie Cartwright, Rt. 3 , Box 345C, Wichita Falls, Texas, explained his position and feeling of promoting activities in Wichita Falls. The motion carried unanimously. Mr. Berzina noted that this was part of the $15,000, and there is $4,000 left. The BCI is going over hearings from people that had applied for funds, and there may be additional recommendations forthcoming. 871 Item 11b Curtis Wayman Brown Jr. , 2705 Sherman, Wichita Falls, Texas, discussed his situation regarding tickets, which had been paid, that he was arrested for. He asked Council for his money back. Mr. Vanadore first explained the guideline by which he is allowed to work from. He then explained the record process when a ticket is paid. Council discussed possibility of the case being a legal matter. Mr. Hodge advised that under the Open Meeting Act, the Council would not be able to take action on this date. The Council directed the City Manager and/or the Legal Department to examine the situation and see that justice is done. Mr. Brown then asked the Council to vote on an issue involving himself and Animal Control. Mr. Brown was advised by the Council of agenda procedure. Mr. Brown noted he would follow procedure to be on the agenda for the next Council meeting. Council requested Mr. Berzina to investigate the situation, and submit findings in writing to the Council. Stan J. Grider, 2747 Roanoke, Wichita Falls, Texas, presented, to Council, a letter with 389 signatures requesting them to reconsider accepting West Lynwood Lake from Seabury Company. Councilor Thomas explained the Council' s position on this matter, and the access problem. Councilor Hirschi requested the issue be reopened by staff. The Council decided to reconsider the issue after the Council' s Retreat. Mr. Berzina will provide Councilors with complete information previously submitted, by the next Council Meeting. Councilor Barenberg would like to physically see the site. John Craig, 3114 Jacqueline, Wichita Falls, Texas, would like to get a contract for concession, for six to seven different locations, to put paddleboats, canoes, and rowboats on the area lakes. Councilor Thomas advised Mr. Craig that Council had approved such concession on Lake Wichita several years ago. Mr. Craig was advised by Council to submit a proposal. Frankie Durkee, 1010 Harding, Wichita Falls, Texas, appeared to ask Council about demolition of vacant property at 1100 Harding, which she feels is dangerous. Staff advised a report would be ready before the next Council Meeting with recommendations. Item llc Councilor Thomas noted he had been contacted by Vista Cablevision because they had not received a response to their request. Mr. Berzina explained they now wanted extensive changes, which possibly would involve renegotiating the contract. Councilor Thomas asked about the Golf Course, when are the contracts due for renewal? Staff advised it was a five to ten year contract. Mayor Goolsby asked staff to prepare a report on the history of the Golf Course situation. Councilor Kirkham said he had been asked, by members of his district, for the information they had previously requested from Mr. Hodge. Mr. Hodge stated he would soon have the information. Councilor Kirkham spoke of the Loop 11 repair progress, and then noted he would like to request summer attire until summer' s end. Councilor Hirschi requested staff, as early as possible, to give a report on progress of the energy audit. He, also, asked for figures on the amount of office space the city is 872 Item llc (Cont'd) using, and for the current status of the drainage problem on Don Massie' s lot in Tanglewood, and the property owners intent to cost share. Discussion was held on Howmet Study. Councilor Hirschi inquired about the possibility of putting the Police Attitude Study back on the table. Discussion was held regarding the need for it. Chief Harrelson will submit information on MSU proposal to Councilor Hirschi. Councilor Barenberg inquired about the East Lynwood Park problem. The City Manager summarized the prescribed approach. Council and staff then discussed patrol and/or additional staff for the new baseball complex. Councilor Thompson addressed the East Lynwood Park problem, and the need for more surveillance and city participation. Council discussed different approaches to the problem. Council advised the Police Department to meet with parents in area surrounding East Lynwood Park. Council asked the Police Department for more patrol for the Housing Authority areas, and for staff to prepare documents to establish Enterprise Zone in District 2, and Tax Abatement in District 4. Councilor Thompson then addressed the downtown housing situation. Mayor Goolsby left at this time for a speaking engagement. Councilor Buffum noted he will be sponsoring a request from The Commission On Aging for a subsidy of $400 to help with their workshop. This will appear on the next agenda. Item lld The City Manager passed out a memo about the 312 Program. Also, he reminded Council of the upcoming budget process, and the thoughts of a retreat. He then noted the lights at the Falls. Councilor Thomas thanked the electrical contractors for their help. Items lle & 12 The Council recessed at 11: 50 A.M. , for 30 minutes, and then went into executive session at 12: 20 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statues. The meeting reconvened at 1: 00 P.M. Moved by Councilor Buffum to appoint Charles Thomas, Mayor Pro Tem. Motion seconded by Councilor Kirkham, and carried unanimously. Item 13 Moved by Councilor Thomas that the following appointments be made. a. Wichita Falls Art Commission - Martha B. Steimel - Term to 4-30-89 b. Planning and Zoning Commission - Linda Ammons and Wayne Fowler - Term to 5-31-91 Wayne Fowler - Chairman - Term to 5-31-89 873 Item 13 (Cont'd) C. Jim King Commission On Aging - Terms to 5-31-90 James McIntire Gloria Mezzo Keith McFatridge Herb Taber Dale Health Jennifer Grimes Clyde B. Brock Penny McDonald d. Board of Electrical Examiners - Terms to 5-31-90 Dan Shine Mike Kelly J.D. (Jack) Riddles Richard E. Hicks Motion seconded by Councilor Kirkham, and carried unanimously. The City Council adjourned at 1: 05 P.M. PASSED AND APPROVED this the �4il _ day of 1988 . Perry Goolsby, ayor ATTEST: Wi ma J. Thomas, CMC/AAE City Clerk