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Min 10/04/1994 685 Wichita Falls,Texas Memorial Auditorium Building October 4, 1994 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 Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. Invocation was given by Rev. Larry George, University United Methodist Church. Item 3a Claudia Jeanette Ferguson, Parks Department, was honored as Employee of the Month. Mayor Lam presented her with a plaque, City pin, theatre and transit tickets, dinner for two, and a check. Mayor Lam proclaimed September 25, 1994 - October 1, 1994 as Lawsuit Abuse Awareness Week; and October 4, 1994 as Mammography Day in Wichita Falls; and October as Fire Prevention Month and Crime Prevention Month; and October 5, 1994 as Non- Violence Day in Wichita Falls promoted by Kate Haynes Elementary School. Item 3b RESOLUTION NO. 156-94 RESOLUTION COMMENDING THE WICHITA FALLS TENNIS ASSOCIATION FOR THEIR DONATION FOR TWO PRACTICE COURTS AT HAMILTON AND WEEKS TENNIS CENTER Moved by Councilor Daniel that Resolution No. 156-94 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 4 Moved by Councilor Martin that the minutes of the September 20, 1994 meeting be approved. 686 Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Items 5a-5e 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 Items 5a-5e Minutes of the meetings of the following boards and commissions were received. a. Wichita Falls/Wichita County Public Health Board, July 1, 1994 b. Board of Electrical Examiners, September 8, 1994 c. Aviation Advisory Board, September 14, 1994 d. Planning and Zoning Commission, September 14, 1994 e.. Wichita Falls/Wichita County Public Health Board, August 19, 1994 Item 6a A Public Hearing was held on hazardous structures. Mayor Lam opened the Public Hearing. Clarence W. Hunter, 1212 N. 4th, purchased the structures at 1214 N. 4th and 1215 N. 5th. He has been working on both of these structures and would like an extension to be able to complete work on them. He obtained a demolition permit for 1214 N. 4th and has torn down that structure and is in the process of cleaning up debris and is using the wood to build a privacy fence. He has not obtained any permit for 1215 N. 5th but would like to fix this house up if possible. He asked for a six month extension to complete the work. Mr. Jim King informed that Mr. Hunter had been notified and a registered letter had been mailed to him in August, but he has not contacted Code about permits or anything else. Mr. Hunter stated that he had applied for the permit on 1214 N. 4th. Mayor stated that Council would allow him six months and he was to contact Code as to the regulations, permits and requirements for those properties. Joy Morrison, Box 656, Holliday, Texas, asked for an extension on 1419 Deville in order to fix and sell it. She plans to clean it up, take her things out of there and sell it. She has owned it since 1960 and it has been vacant for about twenty years . Councilor Hawkins stated that the ceiling was falling in and the property had not been maintained. He suggested that she be allowed sixty days to dispose of it and if she does not it needs to come down. Mr. King informed that she had been notified since April 1 and Code has had no response from her. Mrs. Morrison stated that she had called Code. Mr. King commented that the structure could not be left in its current condition. Mrs. Morrison said that all she was asking for was time to sell it and she has two prospective buyers. Mr. King advised that buyer should be informed that there are major repairs which need to be done. 687 Item 6a, cont 'd. Mrs. Morrison said that the prospective buyers were aware of this because they have already seen the property. They plan to use it as rental property. Mayor commented that Council and Staff felt her chances to sell the property were remote, but they would give her ninety days to get it sold, however, he emphasized that once that time was up Mrs. Morrison was to make arrangements to have the structure demolished. Also, she is to stay in contact with Mr. King and inform him of any progress she has made. City Manager added that whenever the new owner is identified that they should be in contact with Code. Councilor Hawkins stated that Mrs. Morrison should contact the City when terms are reached with the purchaser and that a copy of that document be sent to City Staff. Mrs. Morrison asked if she could hire someone to demolish the structure in the event it has to be demolished. Mayor replied that she could, but it needed to be done in a timely manner. No one else wished to be heard. Mayor closed the Public Hearing. ORDINANCE NO. 130-94 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilor Thompson that Ordinance No. 130-94 be passed with the exception of 1214 N. 4th, 1215 N. 5th and 1419 Deville. Owners of these properties were given extensions. 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 7a ORDINANCE NO. 131-94 ORDINANCE ACCEPTING FUNDS FROM THE TEXAS FOREST SERVICE FOR A TREE GRANT AND APPROPRIATING FUNDS IN THE GENERAL FUND TO ACCOUNT FOR EXPENSES RELATED TO THIS GRANT Moved by Councilor Thompson Ordinance No. 131-94 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 Councilor Martin stated that he would like to see some trees from the nursery planted in Hurst Park. Mr. Murphy said that he would look into that. 688 Item 7b ORDINANCE NO. 132-94 ORDINANCE AMENDING CHAPTER 14, OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, CITY ELECTRICAL CODE. Moved by Councilor Martin that Ordinance No. 132-94 be passed. Motion seconded by Councilor Mallonee. Mr. Randy Cox, Chair of the Board of Electrical Examiners, informed that the main thing that has been changed is the contractors fee, being increased from no charge to $300 . Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, and Martin Nays: Councilor Hawkins Item 7c ORDINANCE NO. 133-94 AN ORDINANCE ZONING LOTS 1-22B, BLOCK 2, NOB HILL SUBDIVISION, WICHITA FALLS, TEXAS, TO A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "NOB HILL PLANNED UNIT DEVELOPMENT {PUD 94-07} 11 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Mayor Lam that Ordinance No. 133-94 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 7d ORDINANCE NO. 134-94 ORDINANCE GRANTING A WAIVER TO AGAPE FELLOWSHIP CHURCH OF SECTION 4600 OF THE ZONING ORDINANCE REQUIRING SCREENING OF NON-RESIDENTIAL USES ADJACENT TO SINGLE- FAMILY USES; 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. 134-94 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 689 Item 7e ORDINANCE NO. 135-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF HORSESHOE LAKE ROAD, ADJACENT TO THE EAST LINE OF LOT 1, UNIT 59, WICHITA VALLEY FARMS. Moved by Councilor Martin that Ordinance No. 135-94 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 7f A proposed ordinance was presented waiving Section 32-139 of the Code Of Ordinances with respect to detention requirements for Lot 1, Block 1, David M. Cook Addition. Moved by Councilor Martin that said proposed ordinance be passed. Motion seconded by Councilor Hawkins. Councilor Martin asked to where the water would be running. Mr. Bonnett replied that it exits the lot in question and goes westerly and almost due north to the Wichita River. He stated that it does cross a different ownership, and the retention facility is about two yards. Councilor Martin said that proper landscaping could handle that. Mr. Bonnett concurred. Motion failed by the following vote. Ayes: Councilor Loughry Nays: Mayor Lam, Councilors Mallonee, Thompson, Daniel, Martin, and Hawkins Items - - - - - - - ORDINANCE NO. 136-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF ANCHOR ROAD, ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 1, DAVID M. COOK ADDITION Moved by Councilor Martin that Ordinance No. 136-94 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 690 Item 8a RESOLUTION NO. 157-94 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN IONSTRUCTI OFRAEPARKINGWLOT ATWTHEINATURE WORKS SITE CONSTRUCTION Moved by Councilor Thompson that Resolution No. 157-94 be passed. Councilor Mallonee and carried by the Motion seconded by following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, • Daniel, Martin, and Hawkins Nays: None Item 9a two Moved by Councilor Martin to R.L.aAndersonr Inc. ,( in the0 amou00 nt cab and chassis be awarded of $78 ,953 .72 . 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 Moved by Councilor Thompson that bid for a double offset tandem disc harrow be awarded to Texoma Tractor, in the amount of $18 , 502.00 . 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 9c Moved by Councilor Thompson that bid for a compost turner be awarded to A.I .S. Continental in the amount of $73 ,612 . 00 . Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None _ 1-- Item 9d Moved by Councilor Martin that bid for the Livestock plex of the ti- Management System for the Ag is lto rW1W CoManufact ring inithe Purpose Events Center be awarded amount of $199,246. 32 . Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 691 Ite- m 10a RESOLUTION NO. 158-94 RESOLUTION TO ACCEPT HOLLIDAY CREEK SANITARY SEWER INTERCEPTOR PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO BONDING COMPANY Moved by Councilor Martin that Resolution No. 158-94 be passed. Motion seconded by Councilor Hawkins and carried following vote. by the Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10b - - - RESOLUTION NO. 159-94 RESOLUTION TO ACCEPT THE PARK CENTRAL TRAIL PROJECT, CHANGE ORDER NO. 1 AND AUTHORIZE FINAL PAYMENT TO LANTANA SERVICES, INC. Moved by Councilor Thompson that Resolution No. 159-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee,Thompson, Daniel, Martin, and Hawkins Nays: None Abstention: Councilor Loughry Item Ila - - - - - - - Kathryn Phillips, 516 Sunset Drive, East Side Girls Club Board of Directors, thanked the Council for the funding through Christmas in April for CDBG funds which will grant them a roof for the club. Mrs Phillips also invited the Council and anyone listening to participate by volunteering to get this project completed. The work will begin at 7: 30 a.m. on October l5. Giola Ozuna, 2938 Elliott, asked if there were any plans at area. Mayor Lam replied that as of now the for a park in th City had ample neighborhood parks. Mrs. Ozuna suggeste using empty buildings like the K-Mart building as training facid lities for the youth. Allen Palmatary, 5300 Summitt Drive, expressed his concerns about the wrecker service situation and be addressed. Two of these Problems which need to to the impound Problems are lack of timely access yard and the price structure of the rotation system which needs to be increased. Another problem which is forthcoming is the changes in the Intra-State laws for deregulation of the trucking industry. Mr. Palmatary said that a meeting was held in August but still nothing has been done. Mayor directed Staff to work on resolving the problems dealing with rates and changes to improve our services and that this be presented at the second meeting in November. Item - - - - - - - Councilor Loughry stated that he would have liked to vote no on the tandem disk harrow, but he was not thinking fast enough. He feels like the City is buying something that we are not going to be using and like the City just wasted $18, 000. He 692 Item lib cont'd. will find said it will work for a little while it e and then somewhere and it t will be out an it does not work and will p abandoned piece of equipment. Councilor Martin expressed his appreciation to Norma Crane for a good job in taking care of the German Band for the October Fest. Councilor Martin concerned ed the Wichita creationFalls of was s lacking in highway activity. He suggest City Highway Transportation Commission. as been oc. Mayor with thatt job tand the BCl/Chamber of Commerce suggested questioned if we shouBdljChambernoftCommercet and a if they donot that we contact the want to do it then create a commission. d to Councilor Martin asked that the and1Congressmanbin Manager dsupport of send telegrams to our two Senators relief S.B. 993 and H.B. j ou1, which ensures mented t that he e of mandate already before Congress adjourns. Mayor ort in these personally, faxed letters asking for their supp bills. Councilor Daniel expressed his appreciation to the Commissioners Court for working with the City on the interlocal agreement for construction of a parking lot at the Nature Works site. Councilor Daniel asked for adn update a nflurry h Creek. Bonnett replied that therethe Corp of Engineers starting cooperation agreements issued by very about a year and a previsions have cont nued hasgo. The council been the nfourth cooperative but federal time. He thinks it is in division now and hopes to receive an approved PCA in thirty days. ber is National Councilor Daniel informed that o spent on eating out has Restaurant Month. The amount of money to twenty-five years to increased annually for the past twenty the point that 45 cents out o0 mill onery ollar is s dollars is eating out.food This comes down to jobs, $10 service in this area per year and the food service indeo le employs nearly 4000 people.ont and get Do Councilor niel know their encouraged estaurant to take advantage of this operator. asked Mr. tt Ba d ett thatohe awould progress scheduler Councilor Mallonee a on the Sewer Study. Mr. Bonne presentation for the next Council meeting. Councilor Thompson expressed his appreciation to the persons involved with the proclamations presented this mordying He expressed his CO nd encouraged persons rn for minority in n District en who end 2 p and in from breast cancer a . other areas to check into mammograms. Also, thought the he tho te beginning n of Non-Violence Week, started b would be e was very n fashion was very good and he hoped that non-violence throughout the City and the nation. Councilor Thompson hoped that the City will take some is one, at the oversight in looking at the expansion, re planted and Burk Road transfer station in seeing that trees a that City Manager direct that this area is toutiflbe •vigilant ea n seeing that it is kept the Health Department as clean and neat as possible. Item llc Manager informed that he would be presenting the City with budgets. He Council with a capital improvement list along 693 Item llc, cont 'd. also mentioned that there is a financing situation with McGrath Creek. City Council recessed at 10: 45 a.m. Item lld The City Council went into Executive Session at 11: 03 a.m. as authorized by Section 551 . 074 of the Government Code. The Council reconvened at 1: 13 p.m. Present were Mayor Pro-Tem Thompson, Councilors Loughry, Daniel, and Hawkins. Mayor Pro-Tem Thompson presided in the absence of Mayor Lam. Item lle Moved by Councilor Hawkins that Mr. Art Beyer be reappointed to the Water Resources Commission for an extended term to expire September 30, 1996. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Pro-Tem Thompson, Councilors Loughry, Daniel, and Hawkins Nays: None The City Council adjourned at 1: 16 p.m. PASSED AND APPROVED this day of 1994 . Michael Lam ayor ATTEST: Lyd a Torres Cit Clerk w . .. ,, .