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