Loading...
Min 07/05/1994 i 593 Wichita Falls,Texas Memorial Auditorium Building July 5, 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 Gregory Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. Weldon Wright, First Assembly of God, Nocona Wichita Falls Fire Department. Annette Walck, Housing Department, was honored as Employee of the Month for the month of July. Mayor Lam presented her with a plaque, City of Wichita Falls pin, transit tickets, a check, and dinner tickets. Item 4 Moved by Councilor Thompson that the minutes of the June 21 and June 28, 1994 meetings be approved. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None Items 3-5a Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 594 Item 3a RESOLUTION NO. 99-94 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE YEAR AGREEMENT WITH TRANS-LUX CORPORATION FOR MAINTENANCE OF THE ELECTRONIC MESSAGE CENTER AT THE ACTIVITIES CENTER AND THE ELECTRONIC MESSAGE CENTER AND SCOREBOARD SYSTEM AT THE SOFTBALL COMPLEX Item 3b RESOLUTION NO. 100-94 RESOLUTION TO APPROVE NINTH AMENDMENT TO WATER PURCHASE CONTRACT WITH ARCHER COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 Item 4a Minutes of the meetings of the following boards and commissions were received a. Wichita Falls Park Board, June 23 , 1994 b. Planning and Zoning Commission, May 11, 1994 c. Wichita Falls Arts Commission, June 23 , 1994 d. Lake Wichita Study Committee, April 26, 1994 e. Water Resources Commission, June 3, 1994 Item 5a The first public hearing was held on Proposed Use of 1994- 1995 Community Development Block Grant Funds. The following persons were heard. Mary Ward, 5926 N.W. Freeway, representing the YWCA, requested funds for the YWCA building to meet ADA requirements, meet code standards, and for repairs. Ralph Morgan, 2509 Beefeater, representing Boys and Girls Clubs of Wichita Falls, requested funds to restore, renovate and preserve exterior of the central unit at 1318 Sixth Street. Misty McCreary, HC 51 Box 142Z, Henrietta, Texas, Executive Director of Wichita Falls Maternity Cottage, requested funding to revamp old nursing home located at 2501 Taylor, which was purchased for Maternity Cottage services. Sharon Smith, 2305 Austin, representing the North Texas Community Health Care Center, requested funding to renovate the Travis School building to house this center. This center will provide health care for a segment of the population that is under-insured, uninsured and at poverty level. Dave Clark informed that the City of Wichita Falls receives $1, 966 ,000 as an entitlement city from HUD under Community Development Block Grant funding. The advertised for p g. y persons interested in obtaining some of those monies and those people have been invited to bring a presentation to Council. There will be another public hearing before the final determination of the use of that money. Tommy Robinson, 708 Jalonic, representing Eastside Boys & Girls Club, requested funds to renovate the building in order to provide a safer building and to better serve the children in that area. No one else wished to be heard. Mayor Lam closed the public hearing. 595 Item 5b A public hearing was held on the use of Revenue Sharing Funds to increase funding for the completion of the Downtown Park. Jim Dockery informed that this project was utilizing federal block grant and federal revenue sharing dollars. This hearing is to receive citizen input on the use of $25,000 of revenue sharing dollars. City Manager informed that the total funding cost of the park is essentially the same but there has been a shift as to where the monies can be paid from. Staff feels that we would be at some risk to proceed and use CDBG funds to actually construct the park. Council has approved a contract to bring the park to completion but there is still a need to use revenue sharing funds as CD funds cannot be used. Also, this will finish the park with a non-water feature. However, there is an on-going fundraiser that hopes to raise the $24,000 - $26 , 000 for the water feature. This request is to complete the park that stays in essentially the same budget figures but tapping a different fund rather than the block grant funds. Councilor Daniel questioned if this would free up $46,000 to be used for other block grant projects later this year. City Manager replied that any monies left over would be carried over for possible re-appropriation. No one else wished to be heard. Mayor Lam closed the public hearing. Item 5c A public hearing was held on accepting or rejecting an annexation request by Dan and Duania Richardson regarding 367. 19 acres adjacent to the City limits bounded on the south by Tanglewood Hollow, on the west by Turtle Creek Road, on the east by the Big Wichita River, and on the north by land owned by Ann Vinson. No one wished to be heard. Mayor Lam closed the public hearing. City Attorney requested direction from the Council whether or not to proceed with the annexation process. Mayor Lam directed Staff to proceed by preparing a cost analysis and an ordinance for annexation, both to be presented to the Council. Item 6a ORDINANCE NO. 86-94 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 SEYMOUR HIGHWAY (U.S. 277) ADJACENT TO THE NORTH LINE OF BLOCK 11A, RANCHO VISTA PLACE Moved by Councilor Thompson that Ordinance No. 86-94 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 596 Item 6b ORDINANCE NO. 87-94 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE NORTH LINE OF BLOCK 11A, RANCHO VISTA PLACE ADJACENT TO THE SOUTH LINE OF SEYMOUR HIGHWAY (U.S. 277) Moved by Councilor Hawkins that Ordinance No. 87-94 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 6c ORDINANCE NO. 88-94 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 HAMPTON ROAD, ADJACENT TO THE NORTHLINE OF LOT 1, BLOCK 32 , EASTSIDE GARDENS Moved by Councilor Thompson that Ordinance No. 88-94 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 Item 6d ORDINANCE NO. 89-94 AN ORDINANCE REZONING 5101 HENRY S. GRACE FREEWAY, BEING 24 ACRES OUT OF BLOCK 43 , KEMP AND NEWBY SUBDIVISION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY RESIDENTIAL (SF2) TO GENERAL COMMERCIAL (GC) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 89-94 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 6e A proposed ordinance was presented changing the name of the Taft Boulevard extension to Lake Park Drive. City Manager suggested that this be tabled for further consideration due to uncertain variables. Moved by Councilor Mallonee that the proposed ordinance be tabled. 597 Item 6e, cont'd. 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 6f ORDINANCE NO. 90-94 ORDINANCE APPROPRIATING FUNDS FROM FLEET MAINTENANCE FUND EQUITY TO PURCHASE A FLEET MANAGEMENT COMPUTER SYSTEM Moved by Councilor Martin that Ordinance No. 90-94 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 Item 6g ORDINANCE NO. 91-94 ORDINANCE APPROPRIATING FEDERAL REVENUE SHARING FUNDS FOR THE DOWNTOWN PARK PROJECT Moved by Councilor Martin that Ordinance No. 91-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Daniel,and Martin Nays: Councilors Loughry and Hawkins. Item 7a A proposed resolution was presented reversing the disapproval of a conditional use permit application for outdoor storage at 1501 Austin Street, Wichita Falls, Texas and granting the permit (C 94-23 ) . Moved by Councilor Martin that the proposed resolution be passed. Motion seconded by Councilor Hawkins. Dave Clark informed that the Planning & Zoning Commission reviewed this request and the proper notification was sent out. There was some opposition. Planning & Zoning Commission recommended against approval for the conditional use. Mayor informed that it was now in the appeal process and Council could override Planning & Zoning recommendation. Mr. Charlie Reid informed the Council that he has made improvements and would be willing to do whatever was necessary to obtain the permit. Mr. Clark commented that one of the recommendations is that the fence be a sight break fence to block a visual view through the fence. Mr. Reid was agreeable to changing his chain link fence to a sight break fence. He stated that he would have someone begin work on it today or tomorrow. 598 Item 7a, cont'd. Mayor Lam amended the motion to approve the proposed resolution with the condition that a sight break fence be constructed prior to releasing this permit. Motion seconded by Councilor Thompson. Councilor Hawkins commented that Planning & Zoning felt that even though the fence would improve the appearance of the neighborhood there is nothing to preclude the storage of wrecked or any other type of vehicles. Once Mr. Reid' s request is approved, it could very easily become a salvage or junk yard. That is the rationale for Planning & Zoning turning it down. Mr. Clark informed that of the 29 persons notified, one replied in favor and four in opposition. If this turns out to be a junk yard, staff would have the burden of enforcing ordinances against junk yards. Motion was defeated by the following vote. Ayes: Mayor Lam Nays: Councilors Mallonee, Loughry, Thompson, Daniel, Martin and Hawkins. Item 7b A proposed resolution was presented suspending the proposed tariff and schedule of rates of Texas Utilities Electric Company. Moved by Councilor Mallonee that the proposed resolution be passed. Motion seconded by Councilor Martin. Ron Bullock, T.U. Electric representative, addressed TU' s request by stating that this was not a rate increase, but a request to add two additional rates to their current rate structure and two riders, which they feel are tools to stay strong and help our community grow. TU would like to add rates GC and WPC which will be designed to retain any large commercial industrial businesses in our City that may choose to relocate out of the State because of the rate advantage they may have on energy cost. The WPC is the same except it is for a wholesale customer such as a coop or municipality. Regarding the riders, one is an economic development rider which is an incentive to certain commercial and industrial customers, where an incentive is necessary for a new facility or to retain an existing facility or to expand a present facility of 200KW or more. The other rider is an environmental technology service which offers incentive to certain commercial and industrial customers who can qualify by converting to an energy efficient technology or improving environmental quality with a new load of 5KW or more. City Attorney stated that the proposed effective date of the increase is July 11 and the proposed resolution would suspend that date to allow staff time to prepare an ordinance that would have some cushionery language to protect the customer of classes in case there is an increase in revenue from the industrial customer. This is a good request and it is going to assist economic development here in Texas but our Coalition of Cities has recommended to exercise caution by having some language that clarifies the approval of the request and that other customer of classes not be affected by it. Motion was defeated by the following vote. Ayes: Councilor Daniel Nays: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins 599 Item 7b, cont 'd. It was clarified that by this action the new rate would go into affect July 11 . Item 7c RESOLUTION NO. 101-94 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND MAINTENANCE AGREEMENT WITH PROTOTYPE INCORPORATED FOR A FLEET MANAGEMENT INFORMATION SOFTWARE PACKAGE Moved by Councilor Mallonee that Resolution No 101-94 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 7d RESOLUTION NO. 102-94 RESOLUTION AUTHORIZING THE PURCHASE OF COMPUTER HARDWARE FOR A FLEET MANAGEMENT INFORMATION SYSTEM FROM DSI CONSULTING AND THE STATE PURCHASING CONTRACT Moved by Councilor Martin that Resolution No. 102-94 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 8a RESOLUTION NO. 103-94 RESOLUTION TO AWARD BID TO DUKE CONSTRUCTION FOR THE TRANSFER STATION TIPPING FLOOR PROJECT Moved by Councilor Hawkins that Resolution No. 103-94 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 9a RESOLUTION NO. 104-94 RESOLUTION TO ACCEPT THE CDBG WOOLWORTH BUILDING DEMOLITION PROJECT, CHANGE ORDER NO. ONE AND AUTHORIZE FINAL PAYMENT TO MOTE, INC. Moved by Councilor Thompson that Resolution No. 104-94 be passed. Motion seconded by Councilor Martin. 600 Item 9a, cont'd. Councilor Loughry questioned the additional costs and the curbing, and moved to table this item. The motion died for lack of a second. The original motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None. Item l0a Andy Lee, 3006 Speedway, representing E & A Trust, owners of the property located at 1600 Ninth Street, Guffey' s building. Mr. Lee stated they had been in discussion with City Staff trying to determine what could be done with the property (12 parking spaces) adjacent to the Guffey building on the eastern side of Grace Street. It was discovered that E & A Trust was not the owner of the property despite the fact that they had been using and maintaining it for the past forty-seven years. Discussion ensued with Staff regarding purchase or use of this right-of-way, or some sort of agreement to maintain the use of this property at the same time. Mr. Lee requested that the median at corner of Ninth and Grace and median that separates parking from the alley be repaired and replaced by the City. Their proposal is to work and negotiate a lease of the property ( 12 parking spaces) . Mr. Lee mentioned several concerns, one being that Grace Street goes no where, with no thoroughfare and no light at Kell. If the City is going to try to promote future development along Grace Street or use as a medical area, this needs to be looked at. Another concern is that there is no medical district designated within City ordinances. There is a need for an overall plan for the medical district to allow for expansion of local and regional hospitals. Mayor Lam instructed Staff to prepare two proposals for the next meeting: 1) Evaluation of City' s need for this property, and 2) a working right-of-way lease with revisionary clause. Item 10b Mayor Lam informed that public hearings on the 1/2 cent sales tax would begin tonight at 7: 00 p.m. at the Activity Center, Room 213 . Mayor Lam and Councilor Mallonee will be presiding at this meeting. Mayor encouraged citizens to attend and present their ideas and give their input to the Council. Councilor Loughry stated that his district' s public hearing would be July 7, 7: 00 p.m. at Crockett School. Councilor Martin announced that he would hold two public hearings in his district; one would be held July 11 at 7: 00 p.m. at Fain School and the other on July 13 at 7: 00 p.m. at Fowler " School. Councilor Daniel stated that he would hold a public hearing on July 11 at 7: 00 p.m. at Barwise Junior High School Auditorium. Councilor Mallonee encouraged everyone to attend and give their input and provide the Council with direction. He also added that if anyone was unable to attend the meetings that they could call any of the Council members with their input. Councilor Hawkins advised that he would hold two public hearings, one would be July 12 at 7: 00 p.m. at Kate Haynes School and the other would be held in conjunction with Councilor 601 Item 10b, cont'd. Thompson on July 14 at 6 : 00 p.m. at Hirschi High School Cafeteria. Councilor Hawkins thanked the Staff for the work done on Missile Road. He requested that traffic counters be set up at Sheppard' s main gate. Councilor Thompson informed that he would hold three public hearings, one July 12 at M.L.K. Center at 7: 00 p.m. , one on July 14 at 6: 00 p.m. at Hirschi High School, and one on July 14 at 7: 30 p.m. at Sunnyside Baptist Church. Councilor Thompson requested that Staff look into renaming North Broadway to Esquibel Drive. Mr. Esquibel worked to advance the idea and notion that Northside was worth being considered a full-fledged part of the City. Also, this would be something positive for the Hispanic Community since there has not been a street in the City named after an Hispanic. Councilor Thompson asked about the status of the parking situation for the telephone employees. City Manager replied that there had been a substantial investigation and an extensive study had been completed by Mr. Bob Parker. Mr. Parker informed that a traffic meeting was scheduled for tomorrow and the study would be ready to present to the Council at the next meeting. Councilor Hawkins asked why so much of our downtown parking was set aside for fire lanes. Mr. Parker replied that the red curbs are no parking for sight distance problems for traffic. Item 10c There was no Staff/Council discussion Item 10d City Council recessed into executive session at 10 : 35 a.m. in accordance with Section 551. 074 of the Government Code. The meeting reconvened at 11: 15 a.m. Item 10e Moved by Councilor Thompson and seconded by Councilor Hawkins that the following persons be appointed to the Clean Community Commission with terms to expire 12-31-95: Thelma Roberts Randy Smith B.B. Lane Motion carried unanimously. The City Council adjourned at 11: 30 a.m. PASSED AND APPROVED this `�5 day of CVkJJ 1994. Michael L Mayor ATTEST:. J)AA fo) I Ly a Torres Ci Clerk