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Min 04/18/1995 867 Wichita Falls,Texas Memorial Auditorium Building April 18, 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 Terry Loughry Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. Gene Pepiton, Wichita- Archer-Clay Baptist Association. Mayor Lam proclaimed April 16-22 as "Community Development Week" . Mayor Lam proclaimed April 23-28 as "Week of the Young Child" . This is Head Start' s 30th anniversary and children from Head Start sang for the Council. Item 3 Moved by Councilor Thompson that the minutes of the April 4, 1995 meeting 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 Items 4-6d Councilor Martin asked that Item 4b be brought down. Moved by Councilor Thompson that the Consent Agenda be approved with the deletion of Item 4b. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 868 Item 4a RESOLUTION NO. 53-95 RESOLUTION AMENDING CONTRACT WITH THE Y.M.C.A. TO PERMIT EXTENDED RESERVATION SERVICE. Item 5a RESOLUTION NO. 54-95 RESOLUTION TO ACCEPT THE BARNA ROAD RECONSTRUCTION PROJECT AND AUTHORIZE FINAL PAYMENT TO MCGRATH BROTHERS CONCRETE Item 6a-6d Minutes of the following board and commission meetings were received. a. Traffic Safety Commission, March 1, 1995 b. Wichita Falls Park Board, March 30, 1995 c. Commission on Human Needs, April 3 , 1995 d. Wichita Falls Clean Country, March 28 , 1995 Item 4b A proposed resolution was presented authorizing publication of notice of intention to lease for oil, gas and other minerals certain lands located at Lake Kickapoo in Archer County, Texas. Councilor Martin was concerned that this was a source of the City' s main water supply and asked if EPA was going to ask for an assessment and if so who was going to make that assessment. City Manager replied that he did not have the answer to that but he was not aware of one at this point. Councilor Hawkins asked about the status of information to lease lake lots. City Manager informed that they had met with the Lake Committee and they are willing to table it until they see the effect of the lake administrator. Councilor Hawkins wanted to know if the Council wanted to wait or if they wanted to re-let those leases. Mayor said that could be discussed under other Council matters. Councilor Thompson suggested that the proposed resolution be tabled until information is obtained regarding Councilor Martin' s questions. Moved by Councilor Martin that the proposed resolution be tabled. Motion seconded by Councilor Thompson. Mayor instructed Staff to prepare a report on the City' s leasing procedures and safeguards, regarding this proposed resolution. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Mayor Lam proclaimed April 21-23 , 1995 as "Special Olympics Weekend" . 869 Item 7a ORDINANCE NO. 40-95 ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS AT TENNIS TOURNAMENTS MAY 6-7 AND JUNE 3-10, 1995 AT HAMILTON PARK AND WEEKS TENNIS CENTERS Moved by Councilor Martin that Ordinance No. 40-95 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 7b ORDINANCE NO. 41-95 ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING AN EVENT IN LUCY PARK APRIL 22, 1995 Moved by Councilor Martin that Ordinance No. 41-95 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 7c ORDINANCE NO. 42-95 ORDINANCE WAIVING REQUIREMENTS UNDER RESOLUTION NO. 112-89, SECTION 1(2) (D) IN ORDER TO PROVIDE WATER SERVICE OUTSIDE THE CITY LIMITS TO A USE OTHER THAN A NORMAL RESIDENTIAL USE LOCATED AT LOT 1 OF THE J.F. GRAY ADDITION OFF STATE HIGHWAY NO. 79; FINDING AND DETERMINING THAT THE METING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance NO. 42-95 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 7d ORDINANCE NO. 43-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE NO. 28-95 AT SECTION 3 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 43-95 be passed. Motion seconded by Councilor Mallonee. 870 Item 7d, cont'd. William C. Young, 1018 Widows Lane, asked what 28-95 was. City Attorney informed that Ordinance No. 28-95 was the Ordinance calling for the special election on the Charter amendments, and that this was a housekeeping matter. We typed in the word "left" instead of the word "right" on the punch card ballot where you indicate your choice. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7e ORDINANCE NO. 44-95 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Martin that Ordinance No. 44-95 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 7f ORDINANCE NO. 45-95 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Thompson that Ordinance No. 45-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7g ORDINANCE NO. 46-95 ORDINANCE TO WAIVE SECTION 32-20 OF THE CODE OF ORDINANCES FOR THE PURPOSE OF ADJUSTING CUSTOMER WATER ,. BILL Moved by Councilor Martin that Ordinance No. 46-95 be passed. Motion seconded by Councilor Mallonee. Lewis Fitts, Minister of Business Administration First Baptist Church, stated that this building had been vacant about eighteen months and had been running a minimum charge when suddenly they received a $500 water bill. He does not believe that amount of water could have been used in that building. He said the bill was from Jan. 3 , 1995 through Feb. 2, 1995 and it reflected that 211 , 000 gallons of water had been used. There was no plumbing work during that time. 871 Item 7g, cont'd. Councilor Loughry asked if the meter reader just used a monthly estimate on that particular meter and when it was actually read it was quite a bump up. Councilor Hawkins also questioned if the meter reader, knowing the property was vacant, went under the assumption that there was no usage in several months and just let it carry over and over. Mr. Werner commented that it was his understanding that the information on the agenda item is correct. The meter was calibrated and registering appropriately; the readings were accurate, and he agreed that the water went through the meter and went somewhere, but we do not know exactly where. Mr. Fitts stated that they could find nothing wrong with the water fixtures and if the bill was figured it would be 5 gallons per minute, which would amount to 7, 000 gallons a day. It would take 29 days to get that much water during that time frame. Ms. Phyllis Cunningham informed that the consumption for the preceding year had been zero for each of those months. She said that the meters are read by handheld computers and the meter reader is not given the previous reading. The meter had been read by different meter readers. The meter reader has to enter a reading and it has to be accepted by the computer. There is no meter reader, that she knows of on staff, who can remember from several months the reading of a particular meter. Routes are rotated to maintain reading integrity. Councilor Thompson said that although Council does not like to make waivers or changes for anyone, if someone has an unusually large water bill we should look at the reasons and try to rectify or give a better adjustment rather than to say we have an unbending rule. Councilor Daniel commented that since we are fairly sure this was not an ongoing problem and we are not looking at relieving this institution of twelve months worth of bills we are justified in taking this action. Motion carried by the following vote Ayes: Mayor Lam, Councilors Mallonee, Thompson, Daniel, Martin, and Hawkins Nays: Councilor Loughry Item 7h ORDINANCE NO. 47-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTHEAST SIDE OF STATE HIGHWAY 79, ADJACENT TO THE NORTHWEST LINE OF LOTS 1 & 2 , BLOCK 1, J.F. GRAY ADDITION Moved by Councilor Martin that Ordinance No. 47-95 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 872 Item 7i ORDINANCE NO. 48-95 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE SOUTHEAST SIDE OF STATE HIGHWAY 79 , ADJACENT TO THE NORTHWEST LINE OF LOTS 1 & 2, BLOCK 1, J.F. GRAY ADDITION Moved by Councilor Martin that Ordinance No. 48-95 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 8a RESOLUTION NO. 55-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TAKING FINAL ACTION ON VISTA CABLEVISION' S REQUEST FOR REVISION OF BASIC CABLE SERVICE RATES, EQUIPMENT AND SERVICE CHARGES FILED WITH THE CITY ON MARCH 10, 1995; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 55-95 be passed. Motion seconded by Councilor Martin. City Attorney made the observation that under current FCC guidelines these companies are allowed to file reports on a quarterly basis for inflation adjustments. Therefore, you will be seeing these requests on a frequent basis. He announced that he will be meeting with Time Werner in Washington, D.C. to discuss the possibility of a new franchise for the City. This will be a proposal to build a 750 megahertz cable platform in Wichita Falls. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8b RESOLUTION NO. 56-95 -» RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A NON-ANNEXATION CONTRACT WITH CERTAINTEED CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 56-95 be passed. Motion seconded by Councilor Hawkins. City Attorney mentioned that there would be one change in the contract which the Mayor will be signing. That company' s name has changed from CertainTeed Corporation to VetroTex CertainTeed Corporation. 873 Item 8b, cont'd. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8c RESOLUTION NO. 57-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR ASSISTANCE UNDER THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT EMERGENCY SHELTER GRANT PROGRAM, AND TO EXECUTE ANY NECESSARY CONTRACTS WITH THE STATE AND NONPROFIT AGENCIES INCLUDED IN THE APPLICATION TO OPERATE THIS PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution NO. 57-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8d RESOLUTION NO. 58-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT WITH CORPUS INN, D/B/A/ THE PETROLEUM BUILDING, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, ATTACHED HERETO AND MADE A PART OF THIS RESOLUTION FOR ALL PURPOSES; 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. 58-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8e RESOLUTION NO. 59-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE FLEETWOOD HOMES OF TEXAS AS AN ENTERPRISE ZONE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF COMMERCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 59-95 be passed. Motion seconded by Councilor Thompson and carried by the following votes. 874 Item 8e, cont 'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9a RESOLUTION NO. 60-95 RESOLUTION APPROVING CHANGE ORDER NO. 4 TO THE CONTRACT WITH THE BUCHANAN CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE AGRICULTURAL COMPLEX OF THE MULTI- PURPOSE EVENTS CENTER Moved by Councilor Martin that Resolution No. 60-95 be passed. •max. 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 9b RESOLUTION NO. 61-95 RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 TO A CONTRACT WITH ELECTRA CONSTRUCTION COMPANY, INC. FOR THE NORTH SITE GRADING AND PARKING PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER COMPLEX Moved by Councilor Martin that Resolution No. 61-95 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 9c RESOLUTION NO. 62-95 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH ELECTRA CONSTRUCTION COMPANY, INC. FOR THE EXHIBIT HALL OF THE MULTI-PURPOSE EVENTS CENTER Moved by Councilor Thompson that Resolution No. 62-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilor Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10a Giola Ozuna, 2938 Elliott, asked that costs be put on the agenda. She also urged everyone to vote. William C. Young 1018 Widows Lane, expressed his appreciation for the City Clerk and the fine job that she is doing. He said that it is a better improvement. He urged citizens to participate in the clean country program of our city. He also encouraged everyone to exercise their right to vote. 875 Item 10a, cont'd. Jim Pettyjohn representing the Fire and Police Museum, informed that they had a lot which was donated to them located at 807 Ohio. They would like to relocate that museum to 807 Ohio, however, there are Code Enforcement fees in the amount of $1, 328. 63 . He asked Council to consider dropping these fees or rescinding those fees. Mayor directed Staff to place Mr. Pettyjohn' s request as an agenda item in May. Giola Ozuna, 2938 Elliott, commented that the museum would be more beneficial where the children are, not downtown. Bill Henderson, 4428 Prince Edward, with the Police Officers Association presented a job satisfaction survey to the Council. This survey was prepared by Research Associates, who were hired by the Police Officers Association. He informed that the Chief was made aware of the survey and the questions prior to distribution and also upon its completion. He said that the City Manager was also advised of the survey. The purpose of presenting the survey today is for upcoming budget planning. He stated that the mood within the department was the worse he has seen in the last sixteen years. He said there was a petition which was filed with the Civil Service Director to vote out the alternate promotion system which was just voted in six months ago. He said that this survey was for them to look at and be aware of what is going on. Item 10b Councilor Loughry asked how much money the City had in the first time buyers fund. Mrs. Fitch informed that funds are not set aside for that and she explained the process used. Councilor Loughry also asked about the number employed by TelQuest and she replied that there are up to 46 eligible jobs created. Councilor Loughry asked the City Manager to provide him with the construction costs on MPEC including the change orders. Councilor Martin reminded everyone about early voting and encouraged everyone to get out and vote. Councilor Thompson mentioned that he was able to participate in the disaster drill held by the City. He stated that it was very important for all our citizens to be aware of these drills and he suggested that they be conducted in other sections of our city to include as many citizens as possible. Councilor Daniel mentioned that the Red Cross which is the agency most responsible for addressing a disaster of any magnitude is in dire need of additional trained volunteers. He encouraged anyone to call the Red Cross and volunteer. Item 10c The City Manager reminded Council of the Leadership class which will meet tonight at 6: 30 in Council seats and will act as counterparts of the City organization and County organization. Item 10d City Council recessed at 10: 00 a.m. and convened in executive session at 10: 16 a.m. City Council reconvened at 10: 55 a.m. 876 Item 10e Moved by Councilor Thompson to appoint Rebecca Lanmon to the Planning and Zoning Commission with term to expire May 31, 1998. Motion seconded by Councilor Martin and carried unanimously. Moved by Councilor Thompson to reappoint Michael E. Koen and Jack Bock to the Planning and Zoning Commission with terms to expire May 31, 1998 . Motion seconded by Councilor Martin and carried unanimously. Item 10f Moved by Councilor Thompson to appoint Carolyn Sanders to the Wichita Falls Art Commission with term to expire April 30, 1997. Motion seconded by Councilor Martin and carried unanimously. Moved by Councilor Thompson to reappoint Heather Tedford, Martha Fain Shores, Betty Smith, and Cathryn Whaling to the Wichita Falls Art Commission with terms to expire April 30, 1997 . Motion seconded by Councilor Martin and carried unanimously. Item 10g Moved by Councilor Thompson to appoint Michael W. Brooking to the Wichita Falls/Wichita County Public Health Board with term to expire December 31, 1995 . Motion seconded by Councilor Martin and carried unanimously. Item 10h Moved by Councilor Thompson to appoint Olivia Roberson to the Mayors Commission on Status of Women with term to expire September 30, 1996. Motion seconded by Councilor Martin and carried unanimously. Item 10i Moved by Councilor Thompson to appoint Mark Howell to the Wichita Falls Park Board with term to expire December 31 , 1997. Motion seconded by Councilor Martin and carried unanimously. Item 10j Moved by Councilor Thompson to appoint Emmett Scully to the Civil Service Commission to fill the unexpired term of Art Frerich. Term expires March 1, 1997. Motion seconded by Councilor Martin and carried unanimously. 877 The City Council adjourned at 10: 58 a.m. PASSED AND APPROVED this day of 1994. Michael Lam, Mayor ATTEST: L]rdi Torres City- lerk �,n.,