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Min 06/21/1994 1 585 Wichita Falls,Texas Memorial Auditorium Building June 21, 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 Dr. Jeffrey Bennett, Chaplain, Wichita Falls State Hospital. Mayor Lam proclaimed June 20-26, 1994 as "Amateur Radio Week" . Item 3 Moved by Councilor Martin that the minutes of the June 7, 1994 meeting be approved. 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 4a-5b Councilor Martin requested that Item 4a be brought down from the consent agenda. Moved by Councilor Martin that the consent agenda be approved with the deletion of Item 4a. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 586 Item 5a Minutes of the meetings of the following boards and commissions were received a. Commission on Human Needs, June 6, 1994 b. Wichita Falls-Wichita County Public Health Board, May 6, 1994 Item 4a RESOLUTION NO. 93-94 RESOLUTION TO ACCEPT THE CDBG COUNTRY CLUB RECONSTRUCTION PROJECT, PHASE II AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT CO. Moved by Councilor Martin that Resolution No. 93-94 be passed. Motion seconded by Councilor Hawkins. Councilor Martin commented that this was a project that was long overdue and it was an improvement in that area. The citizens there are very happy with it. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 6a ORDINANCE NO. 81-94 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING APPENDIX C OF THE ZONING ORDINANCE OF THE CITY OF WICHITA FALLS AT SECTION 3400, CONDITIONAL USES; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; 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 Ordinance No. 81-94 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 6b ORDINANCE NO. 82-94 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF WICHITA FALLS, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 1994; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT, AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING AN OFFICIAL STATEMENT; AND OTHER MATTERS RELATED THERETO Moved by Councilor Martin that Ordinance No. 82-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. 587 Item 6b, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry Thompson, Daniel, Martin, and Hawkins. Nays: None Item 6c ORDINANCE NO. 83-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ORDERING THAT A SPECIAL ELECTION BE HELD IN THE CITY OF WICHITA FALLS ON AUGUST 13 , 1994, TO SUBMIT A PROPOSITION ON THE QUESTION OF THE ADOPTION OF AN ADDITIONAL ONE-HALF CENT SALES AND USE TAX UNDER THE PROVISION OF SECTION 4B OF THE INDUSTRIAL DEVELOPMENT CORPORATION ACT; 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. 83-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Daniel, Martin, and Hawkins. Nays: Councilor Loughry Item 6d ORDINANCE NO. 84-94 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 3600 OF THE ZONING ORDINANCE,ENTITLED "PERMITTED USES" IN A HEAVY INDUSTRIAL DISTRICT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Mallonee that Ordinance No. 84-94 be passed. Motion seconded by Councilor Martin. Carl and Linda Plummer, 3508 Cranbrook, owners of Bright Ideas School, spoke against this ordinance. They felt it was improper for the City to declare an emergency and that proper procedure was not followed in amending this zoning ordinance. Mr. Plummer said the property and adjoining land owners were not properly notified and did not have an opportunity to voice their opinion. Councilor Hawkins commented that Planning and Zoning had voted not to make it a permitted use but a conditional use. He informed the Planning and Zoning Commission that he would vote to make this a permitted use with the understanding that it be brought back to the Council to change it from permitted use to conditional use at a later date. Councilor Hawkins also said that there were other permitted uses which would be much more detrimental to the Bright Ideas School than the County Jail. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Daniel, Martin, and Hawkins. Nays: Loughry 588 Item 6e ORDINANCE NO. 85-94 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, VACATING AND ABANDONING A TWENTY-FIVE FOOT WIDE ALLEY IN BLOCK 107, ORIGINAL TOWNSITE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 85-94 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 7a RESOLUTION NO. 94-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE STANLEY MECHANICS TOOLS 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 Thompson that Resolution No. 94-94 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 7b RESOLUTION NO. 95-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND AUTHORIZING A LEASE AGREEMENT WITH THE WICHITA FALLS BOATING CLUB FOR A LOT AT LAKE WICHITA AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE INSTRUMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Daniel that Resolution No. 95-94 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 7c RESOLUTION NO. 96-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE SOLD BY SEALED BIDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 589 Item 7c, cont'd. Moved by Councilor Hawkins that Resolution No. 96-94 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 7d RESOLUTION NO. 97-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING MICHAEL WHELAN AS SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No 97-94 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 8a Moved by Councilor Mallonee that an order be passed changing the date of the July 19, 1994 regularly scheduled Council meeting to July 18 , 1994 at 8: 30 a.m. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8b No one wished to be heard. The Council recessed for ten minutes. The meeting reconvened at 10: 15 a.m. Item 8c Mayor Lam commended the Lake Wichita Study Committee for all their efforts and all the time spent on this study. Dee Ann Martin, Chair of the Lake Wichita Study Committee, presented a written report to the Council of their findings and recommendations for improvements at Lake Wichita. A diversion channel, a trail system, better access to boating and fishing, a theatre, a pavilion, an RV park were part of the Committee ' s improvement proposals. These improvements were prioritized into Project I with a construction estimated cost of $306, 335, Project II with estimated cost of $840,000, Project III at estimated cost of $387,000, and Project IV at estimated cost of $150,000. Mrs. Martin stated that the diversion channel should receive top priority. This particular 590 Item 8c, cont'd. element of the improvements is vital to the overall proposals being made today and it is also important to the fisheries and wildlife using the lake. The Committee feels this particular project should try to be completed by 1994. The remainder of the items should be completed in an orderly manner with financing from a combination of grants, municipal funding, and contributions. A slide presentation was shown relating to these proposals. In closing Mrs. Martin asked the Council to consider not only how this could benefit our community today but in the future. This is an investment that can offer unlimited returns in decades to come. , Mayor Lam said the Council would be conscious of some of these projects as they consider the 1994 Budget. He commended Mrs. Martin for the presentation and the Committee for the excellent work they had done. Councilor Hawkins expressed his appreciation and suggested that our Parks Department Director, Public Works Director, and City Manager look into purchasing a grinding machine for tires and the possibility of participating in the State Tire Shredding Program. He said that the shredded tires could be used to save money by using them as a base for the trail projects. Councilor Martin also expressed his appreciation to the Committee for a job well done which resulted in providing vital information to the Council on that project. Item 8d Councilor Hawkins informed the Council that his district consisted of three school districts. He requested that Council keep this in mind when discussing the use of police in schools. Councilor Hawkins asked Mr. Bonnett to inspect Greentree Road and Missile Road for possible repair needs. He also asked that the wrecker service ordinance be reviewed. City Manager informed that a report on wrecker service was forthcoming. Councilor Mallonee asked for an ad valorem tax report. Councilor Martin announced that the fifteen piece German Band from the German Academy would be performing at Lucy Park on October 2. Councilor Martin asked that the charter be reviewed concerning the race track on the south part of the city. He had received complaints about the noise and dust. Councilor Loughry asked Mr. Bonnett to look into possible maintenance needs at the 7th Street railroad track crossing. Item 8e There was no discussion. Item 8f City Council recessed into executive session at 10:57 a.m. in accordance with Section 551 . 074 of the Government Code. The meeting reconvened at 11: 35 a.m. 591 Item 8g Moved by Councilor Thompson and seconded by Councilor Hawkins that the following persons be appointed to the Wichita Falls Museum and Arts Center Board of Directors: Phillip Birdine with term to expire May, 1997 Frank Jimenez with term to expire May, 1996. Motion carried unanimously. Item 8h Moved by Mayor Lam and seconded by Councilor Daniel that Councilor Angus Thompson be appointed Mayor Pro Tem. Motion carried unanimously. The City Council adjourned at 11: 40 a.m. PASSED AND APPROVED this day of Michael Lam, Ma or ATTEST: NIL L['�J y Torres Cit Clerk Awl