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