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Min 05/02/1995 878 Wichita Falls,Texas Memorial Auditorium Building May 2, 1995 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 Leon Mallonee - Councilors Terrance E. Loughry - Angus Thompson - Bill Daniel - J.W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. Billy Williams, Central Assembly of God. Item 3a Carolyn Sousa, Health Department, was honored as Employee of the Month for May. Mayor Lam presented her with a plaque, City of Wichita Falls pin, a check, bus tickets, and tickets to a theatre and dinner. Mayor Lam proclaimed May 5, 1995 as "National Scrap Book Day" in Wichita Falls. Councilor Loughry stepped out of the Council Chambers. Item 4a Moved by Councilor Thompson that the minutes of April 18, 1995 meeting be approved. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Daniel, Martin, and Hawkins Nays: None Item 5a-7e Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 879 Item 5a RESOLUTION NO. 63-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVERS FOR CITY EMPLOYEES QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a The bid for two 72-inch cut rotary mowers was awarded to Goldthwaite' s of Texas, Inc. , in the amount of $23 , 930. Item 6b The bid for three 52-inch cut front mounted rotary mowers was awarded to Berend Brothers, in the amount of $25, 440. Item 6c The bid for one 35, 000 GVW cab and chassis was awarded to Hendrix Trucks and Equipment, Inc. , in the amount of $41,181. Item 7a-7e Minutes of the meetings of the following boards and commissions were received. a. Library Advisory Board, March 28, 1995 b. Water Resources Commission, April 7, 1995 c Planning and Zoning Commission April 12, 1995 d. Board of Electrical Examiners, April 13 , 1995 e. Board of Adjustment, April 19, 1995 Councilor Loughry returned to the Council Chambers. Item 8a ORDINANCE NO. 49-95 ORDINANCE REZONING TRACTS 28-32 OUT OF ABSTRACT 300 (2200-2208 THIRD STREET) , AN AREA OF 1. 034 ACRES FROM SINGLE FAMILY RESIDENTIAL-2 TO RIVER DEVELOPMENT DISTRICT (CASE R 95-07) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 49-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8b ORDINANCE NO. 50-95 ORDINANCE REZONING A 0. 335 ACRE TRACT OUT OF CARTER ADDITION, BLOCK B, LOCATED ON THE EAST SIDE OF HOLLIDAY ROAD, BETWEEN 25TH AND 26TH STREET, FROM SINGLE FAMILY-2 TO GENERAL COMMERCIAL (CASE R 95-08) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 880 Item 8b, cont'd. Moved by Councilor Martin that Ordinance No. 50-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8c ORDINANCE NO. 51-95 ORDINANCE REZONING LOTS 9 & 10, BLOCK F, RAY MASSIE SUBDIVISION ( 2018 & 2020 MAURINE STREET) AND 0. 316 ACRES OUT OF ABSTRACT 580, FROM MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL (CASE R 95-06) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 51-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8d ORDINANCE NO. 52-95 ORDINANCE APPROPRIATING FUNDS FOR USE ON THE NATURE WORKS PROJECT Moved by Councilor Martin that Ordinance No. 52-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8e ORDINANCE NO. 53-95 ORDINANCE WAIVING SECTION 9 (B) ( j ) OF APPENDIX A, WICHITA FALLS CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118 ) FOR G.L. FRIBERG SUBDIVISION, LOT 1-B. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 53-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Daniel, Martin, and Hawkins Nays: Councilor Loughry 881 Item 8f ORDINANCE NO. 54-95 ORDINANCE APPROPRIATING $250,000 FROM GENERAL FUND EQUITY FOR THE LOCAL MATCH OF AN I.S.T.E.A. TRAIL PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION Moved by Councilor Martin that Ordinance No. 54-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None '" Item 8g A proposed ordinance was presented waiving liens filed on properties located at 805 and 807 Ohio Street. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Mallonee. After some discussion regarding ownership of 807 Ohio and the acquisition of said property, Mayor Lam moved to table this item until representatives of the Police and Fire Fighters Museum can present documentation from the property owner of 807 Ohio that he is willing to deed this property to them. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9a RESOLUTION NO. 64-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE MCGRATH CREEK FLOOD PROTECTION PROJECT; AUTHORIZING PURCHASE OR CONDEMNATION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 64-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin and Hawkins Nays: None Item 9b RESOLUTION NO. 65-95 RESOLUTION CERTIFYING THE CITY' S INTENT TO COMMIT THE NECESSARY FUNDING TO SECURE THE 1997 ASSOCIATION OF MAYORS, COUNCIL MEMBERS AND COMMISSIONERS ANNUAL INSTITUTE 882 Item 9b, cont'd. Moved by Councilor Thompson that Resolution No. 65-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9c RESOLUTION NO. 66-95 RESOLUTION CALLING A SPECIAL MEETING OF THE CITY COUNCIL TO BE HELD ON MAY 9, 1995 AT 8: 30 A.M. TO CANVASS THE RETURNS OF THE MAY 6, 1995 GENERAL/SPECIAL ELECTION HELD IN WICHITA FALLS, TEXAS Moved by Councilor Martin that Resolution No. 66-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Louyhry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10a William C. Young, 1018 Widows Lane, referred to the Police and Fire Fighters Museum and asked if someone could pay the taxes on any property and claim it as theirs. Mayor answered that they could not. Paul Jaco, 2921 Featherston, complained about the City Attorney' s attitude toward the citizens of Wichita Falls. He also complained about the cost to reprint the May 6 , 1995 ballots. Pete Ringo, 2309 Barbados, spoke on the "Lost Battalion" and said that in August they are coming here to Wichita Falls to celebrate their 50 year anniversary of their release. He suggested that Wichita Falls sponsor and organize some type of recognition for this group to express our appreciation. Mayor agreed wholehearted and asked Mr. Ringo to contact Mrs. Shirley Dawson with the Convention and Visitor' s Bureau who would be the one to commence this planning. Mayor will speak with her also. He stated that the City certainly wants to be involved in this, and expressed his appreciation to Mr. Ringo. Billy Henderson, 4428 Prince Edward, President Police Officers Association and Bob York, 4115 Abbott, President Fire fighters Association, passed out a survey from Dallas. officer Henderson said that the pay scale needs to be looked at for all ranks and referred to the survey. Mr. York said they also had included a survey that was done by the personnel department of the City of Dallas. Wichita Falls is at the very bottom of the pay scale. He mentioned their petition and that they had gathered twice as many signatures as required. He asked Council to study Chapter 141 and possibly sit down and negotiate. In closing, Mr. York expressed their appreciation to Councilor Mallonee for his time in serving the City of Wichita Falls. Item 10b Councilor Thompson said that there was a need for lights at Jalonick Park, and a need for additional dumpsters in District 2 883 Item 10b, cont'd. such as the Sunnyside area. He spoke on the need for tolerance of one another. He suggested preparing resolutions and proclamations to encourage our citizens to be tolerant of each other. He encouraged everyone to vote, and he expressed appreciation to those who had already exercised their right to vote. Councilor Thompson thanked Councilor Mallonee for serving and for sharing with the Council. All the things he has added has made us better people and has certainly made the City a better place to live. Councilor Hawkins stated that he had enjoyed serving with Councilor Mallonee. Councilor Mallonee thanked the City of Wichita Falls and its citizens for the opportunity to serve on the Council. It has been an education and it has proven to me that we have a fine City to live in and I am proud to be a citizen of that. I am proud of our staff and I appreciate what they do behind the scenes. I appreciate Jim Berzina for keeping all this in tact and the way he handles the City business. My biggest disappointment for these two years is the failure of the half cent sales tax. The Council was in unanimous agreement and we took it to the citizens, but it failed. It is difficult for me to accept because we were looking out for the City, overall, and I think a few people could not see the overall picture and as a result I think the City is going to suffer for that in the future. To the Councilors, in the days ahead I hope you remember that it is not your responsibility to get involved in the day to day operations of the department heads and how to run them. You are the chief governing body of the City and you are to determine policy and you are to pass ordinances. It is the City Manager who is to carry out these policies set by you and it is his responsibility for these day to day operations. Sometimes you as Councilors get involved in the nit picking that goes on and it hurts the morale of the Staff. I think most of you do a fine job and do serve the City well. Wichita Falls has a great future and you as the Councilors can have visions, but they must be for the overall community. I believe we are on a positive course and I am thankful for that. Where we head is up to the City, and the City Manager, the Mayor and the Councilors have a lot to do with that. I hope that in a few years we can say this is a better place to live because of the people who sit on this Council. Thank you again for this opportunity and we look forward to when our City will continue to proposer in the days ahead and in the twentieth century. I hope that in a few years we can look back with pride at MPEC and the growth of the downtown area. I am proud to be a citizen of Wichita Falls and although I had a very small part in what is going on, I am thankful that I was able to serve these two years. Thank you again and I wish you well. Mayor asked Mr. Bonnett to prepare a report on the cost of the Cherokee drainage improvements. Mayor asked about the status of the pond construction on the 14th green at Weeks Park Golf Course. City Manager replied that it had not been put in the capital plan, and the Ladies Golf Association came out in opposition of it. Mayor Lam expressed his appreciation to Councilor Mallonee for his service to the City. You have been a fine Councilor and I appreciate your words and the dedication which you have shown. You can be proud of the fact that your desire was for a better Wichita Falls and not just for individual districts. I appreciate the attitude which you have had and good luck to you in your further endeavors. We appreciate your service. Councilor Daniel commented that the greatest joy has been the public input at our meetings. I think it is some of the most valuable input the Council receives. That is the time when a lot of good projects are begun. Secondly, the greatest part of maturity is learning to accept others even when you disagree with them. He echoed Councilor Thompson' s remarks about 884 Item 10b, cont'd. tolerance. Our society is less and less tolerant of those with whom we disagree. Councilor Mallonee is one who can disagree without being disagreeable and that is the sign of a mature leader. I hope that we can follow in your footsteps. Thank you and I wish you God' s blessings. Councilor Martin asked that the lights be checked at Midwestern Parkway in the Country Club area. He also echoed Councilor Thompson' s remarks on tolerance. In our society we talk gone my rights and human rights, and we have forgotten the element of human responsibility. Along with those rights goes responsibility, so remember that. If we remember our responsibility with our rights we will show more tolerance to our people. Councilor Mallonee has been an inspiration to this Council. You have been what I call a "fullback" , a man who can stay in there and take it. You are the prime example of what a Councilor should be. It has been a pleasure serving with you and I wish you the best in your endeavors. I hope you will continue to support as you have the efforts of this and future Councils for the benefit of Wichita Falls. I have known Councilor Mallonee since 1957 and anything that is good he has been involved in it and I hope you continue to do that. I salute you. Councilor Loughry wanted to further encourage citizens to exercise their right to vote. He asked that Staff check the light pole on Windsor for possible repairs or replacement, and also the need for handicap parking and ramps at Jaycee Park. Councilor Loughry said that he had enjoyed working with Councilor Mallonee the last couple of years. Item 10c City Manager stated that from the Staff ' s point of view, one of the hard parts when a Councilor leaves is that he takes with him a lot of knowledge and a lot of experience. Councilor Mallonee, you are the exception because you brought us a lot of knowledge and experience. The Staff is going to miss you very very much. We felt we always had questioning support in you. You would always ask questions. You would see that things were going the way they should be and if not you would offer us input. Having done this in the past years, I can say that those are the qualities that a City gets the most out of their Councilors when they are willing to approach an issue and recognize that you are a policy maker and bring suggestions as well as a lot of willingness to just work for the City. We are going to miss you. We will probably be calling you to serve on some boards or commissions where you feel you could be of most value. Personally, I want to thank you and it has been a joy working with you and knowing that on those projects which were important to the City we could count on you. Thank you very much. Mayor directed Staff to prepare a resolution to be sent to the National Weather Service expressing our concern that the weather coverage is not quite as good as it should be in this area since the weather coverage has been moved to Norman, Oklahoma. This is an attempt to become more visible before the National Weather Service. Mr. Roy Bawling on behalf of the members of the public expressed their appreciation to Councilor Mallonee and thanked him for his service. City Council recessed at 9: 45 a.m. City Council convened in executive session at 9:56 a.m pursuant to Section 551.074 of the Government Code. 885 City Council reconvened in open session at 11:11 a.m. Item 10e Moved by Councilor Thompson that the following persons be reappointed to the Board of Electrical Examiners with terms to expire May 31, 1997: Charles Kazmer, Perry Cox, Marvin Groves II , and Randy McCullogh. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None The City Council adjourned at 11 : 12 a.m. PASSED AND APPROVED this day of , 1995. Michael Lam, Mayor ATTEST: (' Lydia Torres City Jerk