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Min 06/07/1994 f 574 Wichita Falls,Texas Memorial Auditorium Building June 7, 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 - Paul Hughes - 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. Lubin Moise, Gilbert Memorial CME Church. The following item was acted on out of sequence. Item 4a Orville Bert Baker, Public Works/Street Department, was honored as Employee of the Month for June. Mayor Lam presented him with a plaque, City of Wichita Falls pin, transit tickets, a check, and dinner tickets. Item 3 City Clerk Lydia Torres administered the oath of office to Bill Daniel, Councilor District 3. Mayor Lam welcomed Councilor Daniel to the City Council and presented him with a City of Wichita Falls pin. Mayor Lam commended Councilor Paul Hughes for four years of faithful service to the City and District 3 . He has set a high standard for the City and has been a great asset. Mayor presented Councilor Hughes with a portrait and a plaque. Councilor Hughes expressed his joy in being able to serve the City and citizens of District 3 and asked the Council to keep the momentum going. Councilor Thompson expressed his gratitude to Councilor Hughes for his kind and fine example during his tenure on the Council. Councilor Martin echoed Councilor Thompson' s sentiments and stated that he had benefited from Councilor Hughes ' input. City Manager, on behalf of the Staff and himself, expressed appreciation to Councilor Hughes for his contributions, in general, and in the individual departments. City Manager expressed to Councilor Hughes that he was considered more than just a Councilor, that he was thought of as a friend by himself and the Staff. 575 The Council recessed at 8: 44 a.m. for a reception honoring Paul Hughes and Bill Daniel. The meeting reconvened at 9: 05 a.m. Item 5 Moved by Councilor Martin that the minutes of the May 17, 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 Item 6a-7c Councilor Thompson requested that Item 6a be brought down from the consent agenda. Moved by Councilor Martin that the consent agenda be approved with the deletion of Item 6a. 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 7 Minutes of the meetings of the following boards and commissions were received a. Planning and Zoning Commission, April 13 , 1994 b. Board of Electrical Examiners, May 12, 1994 c. Wichita Falls Park Board, May 26, 1994 Item 6a RESOLUTION NO. 82-94 RESOLUTION TO AWARD BID TO FINNELL OIL SERVICES, INC. FOR THE CDBG WILLIAMS PARK POND LINER PROJECT Moved by Councilor Thompson that Resolution No. 82-94 be passed. Motion seconded by Councilor Hawkins. Councilor Thompson commented that this liner was for the purpose of retaining water in the pond. There had been a lot of concern by residents in that area of getting this done and now they will see that the City has kept their word. He expressed his appreciation to Mr. Murphy for the work he had done on this project. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 576 Item 8a ORDINANCE NO. 76-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF FM 367 ADJACENT TO THE NORTH LINE OF LOT 1, KARL L. SORGE ADDITION Moved by Councilor Mallonee that Ordinance No. 76-94 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 8b A proposed ordinance was presented waiving Section 27-29 of the Code of Ordinances with respect to placing a sidewalk along the north line of Lot 1, Block 1, Bridge Creek Estates adjacent to the south side of Southwest Parkway. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Hawkins. Doug McCulloch, 411 Archway Court, Vice President and General Manager for Southwest Entertainment Center, explained that it is an elaborate family entertainment center. He addressed his request for the waiver and explained that their concern with the sidewalk was that it was going to be an island sidewalk with no where to go. He added that people would congregate on the sidewalk which would be dangerous in that area. Motion failed by the following vote. Ayes: Councilor Loughry Nays: Mayor Lam, Councilors Mallonee, Thompson, Daniel, Martin, and Hawkins Item 8c ORDINANCE NO. 77-94 AN ORDINANCE APPROPRIATING GRANT FUNDS RECEIVED FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A TRAFFIC SAFETY PROGRAM Moved by Councilor Thompson that Ordinance No. 77-94 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 8d ORDINANCE NO. 78-94 ORDINANCE AMENDING SECTION 22-1 (a) (2) OF THE CODE OF ORDINANCES PROHIBITING HORSES, OTHER LARGE ANIMALS, CARRIAGES, AND MOTOR VEHICLES FROM TRAILS. 577 Item 8d, cont'd. Moved by Councilor Martin that Ordinance No. 78-94 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 8e ORDINANCE NO. 79-94 ORDINANCE REQUIRING ALL VEHICLES IN EXCESS OF 10,000 POUNDS GROSS VEHICLE WEIGHT CARRYING ROCK, FIRE RESIDUE AND DEMOLITION DISPOSAL OR CONSTRUCTION DEBRIS TO UTILIZE THE WICHITA FALLS SANITARY LANDFILL. Moved by Councilor Hawkins that Ordinance No. 79-94 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 8f A proposed ordinance was presented waiving Section 32-139 of the Code of Ordinances with respect to detention requirements for Lot 5-A, Block 15, Fountain Park. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Mayor Lam and failed by the following vote. Ayes: Councilor Hawkins Nays: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, and Martin Item 8g ORDINANCE NO. 80-94 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE CRIMINAL JUSTICE DIVISION, GOVERNOR'S OFFICE AND MATCHING GRANT REVENUE FROM OTHER GOVERNMENTAL ENTITIES FOR PURPOSES OF DRUG ENFORCEMENT Moved by Councilor Martin that Ordinance No. 80-94 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 578 Item 9a RESOLUTION NO. 83-94 RESOLUTION AUTHORIZING CITY MANAGER TO ACCEPT THE NORTH TEXAS REGIONAL NARCOTICS TASK FORCE/5 GRANT AWARD Moved by Councilor Martin that Resolution No. 83-94 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 9b A proposed resolution was presented reversing the disapproval of a conditional use permit application for alcoholic beverage sales at 2012 Grant Street, Wichita Falls, Texas and granting the Permit (C 94-15 ) Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Daniel. Scott Haskins, General Manager of Eagle Mart Convenience Stores in Wichita Falls, 68 Edwards Way, addressed this request. He informed that they had contacted six of the nine property owners who were opposed to this permit. Their objection was not the addition of beer and wine to this location but the lack of general supervision to the maintenance of the store. They have addressed those problems and have begun construction of a privacy fence. They also have plans to make capital improvements inside and outside the building. The major objection of the Planning & Zoning Commission was the need for the privacy fence. Steve Seese informed that only about one fourth of those opposed would be affected by the fence issue. Mr. Seese commented that if Council sends the application back to the Planning & Zoning Commission with Mr. Haskins comments of their plans to maintain and improve the building and site, that there is probably enough significant change to the last application to warrant another presentation. Mr. Haskins mentioned that the property owners were not aware of the change of ownership and the decision was made based upon previous management. Property owners have already noticed significant changes and they will continue to see more. Councilor Hawkins made a substitute motion that this be remanded back to the Planning & Zoning Commission for rehearing. Motion was seconded by Councilor Mallonee and carried by the following vote. Ayes: Councilors Mallonee, Loughry, Thompson, Daniel, and Hawkins Nays: Mayor Lam and Councilor Martin 579 Item 9c RESOLUTION NO. 84-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; 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. 84-94 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 9d RESOLUTION NO. 85-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE AMENDMENT OF A PREVIOUSLY APPROVED PROGRAM DESCRIPTION AND THE REALLOCATION OF HOME FUNDS TO JERUSALEM COMMUNITY DEVELOPMENT CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Mallonee that Resolution No. 85-94 be passed. Motion seconded by Mayor Lam. Councilor Thompson stated that since he is the President of the Jerusalem Community Development Corporation he will neither discuss or vote on this subject. Motion carried by the following vote: Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Item 9e RESOLUTION NO. 86-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO JACK AND CATHIE MONROE FOR ANY INTEREST OF BLOCK 8, VISTA HEIGHTS ADDITION; 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. 86-94 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 580 Item 9f RESOLUTION NO. 87-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH JAMES P. MALONEY ACROSS PORTIONS OF A CERTAIN 10 FOOT WIDE UTILITY EASEMENT IN LOT 4, BLOCK 3 , COLONIAL PARK SECTION "A" , WICHITA FALLS, TEXAS, FOR THE EXISTING POOL AND STORAGE BUILDING LOCATED IN SAID EASEMENT IN ACCORDANCE WITH THE ENCROACHMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Daniel that Resolution No. 87-94 be passed. Motion seconded by Councilor Hawkins and passed by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9g RESOLUTION NO. 88-94 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE GOLF COURSE CONTRACT AMENDMENT NUMBER EIGHT WITH EVERGREEN ALLIANCE GOLF, LIMITED FOR MANAGEMENT OF THE WEEKS PARK MUNICIPAL GOLF COURSE. Moved by Councilor Mallonee that Resolution 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 9h RESOLUTION NO. 89-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT FOR THE MPEC NORTH WATER RELOCATION PROJECT; APPROVING THE APPRAISAL; SETTING JUST COMPENSATION; AND AUTHORIZING PURCHASE OR CONDEMNATION; 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. 89-94 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 10a RESOLUTION NO. 90-94 RESOLUTION TO AWARD BID TO JALYN CONSTRUCTION COMPANY FOR RELOCATION OF WATER LINE AT MPEC NORTH SITE 581 Item 10a, cont'd. Moved by Councilor Thompson that Resolution No. 90-94 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 10b RESOLUTION NO. 91-94 RESOLUTION TO APPROVE THE AWARD OF BID AND A CONTRACT FOR THE PARK CENTRAL TRAIL PROJECT Moved by Councilor Martin that Resolution No. 91-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Daniel, and Martin Nays: Councilors Loughry and Hawkins Item 10c RESOLUTION NO. 92-94 RESOLUTION TO AWARD BID TO LANTANA SERVICES, INC. FOR THE KIWANIS PARK PLAYGROUND PROJECT Moved by Councilor Mallonee that Resolution No. 92-94 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 lla Tony Black, Representative of Texas/Oklahoma Junior Golf Tournament, informed they had 902 entries as of today. Mr. Black reminded Council of their invitation to the Texas/Oklahoma Junior Golf Tournament banquet Monday, June 20 at the Activity Center at 7: 00 P.M. Otis Polk, III , 1400 Normandy, asked when Williams Park Pond would be filled. Mr. Bonnett informed that it would be approximately 60 days. Item 1lb Mayor Lam brought up the half-cent sales tax and the possibility of holding an election in August to vote on this issue. He asked the Council to give it some very serious consideration. The Council would need to decide at their next meeting if they want to hold an election on this in August. Mayor asked Council to make themselves available to staff, in particular City Manager, to coordinate some of the projects and needs in their districts. The law now provides that this money can be used on capital improvement projects within the community. For the tax to be successful we have to spend a I 582 Item llb, cont'd. considerable amount of the tax collected on capital improvement projects. Mayor asked Council to begin doing their homework and start working on a "shopping list" for their districts. He stated that the public needs to know what the City is going to do, as well as allow the citizens an opportunity to give their input at public meetings. Mayor asked Staff to prepare an ordinance for the Council to consider regarding an election in August. Mayor Lam added that he felt this tax should have a term limitation with a date when it would end and citizens could re- evaluate it and decide whether to continue it or not. With the half cent sales tax the burden would not just fall on the property owners, but on everyone coming into the City and they would all be contributing. City Manager stated that there has been an interest in this which has been spurred by several things such as economic development potential, as well as the amended law which allows us to use it for capital improvements. Some of those capital improvements are McGrath Creek, Puckett Road, and drainage problems in eastside and other locations. There is a long list of projects and the Staff has already started to work on this. We will provide this information for your use. You may want to have some public meetings in your districts and inform the citizens that this sales tax would be for a limited time. Staff will work with you on what the problems have been in the past. The list will address things that we are going to be mandated to do by outside agencies and by things we know need to be done such as McGrath Creek, road projects, etc. You and your constituents may identify what may or may not be on the list. The sales tax will generate about 4 million dollars a year. Mayor Lam stated that the City would want to put a portion of money aside for industrial development, probably something to refurbish it if it were spent and keep a lid on it. It may be that there are no projects that would be funded during the year and all that money would go into capital improvements. Money is spent by the City whether we have it or not in things that need to be done. He said that he and the City Manager would meet with BCI and other business leaders to work on some guidelines. The Council would have work sessions to put it together. He emphasized the importance of Council and Staff being sold on the idea of a sales tax. Councilor Thompson said that there were so many things the City has been unable to do because of the lack of funds. It is important for the citizens to realize that there are some infrastructure things that must be taken care of. We need to let the citizens know that there will be a beginning and ending to this and that everything will be handled above board without any special interest groups being in control. I hope that every citizen will realize that this is a chance to improve conditions here in Wichita Falls. As a city grows there are things a city has to do. I support the Mayor on this. Mayor concluded by suggesting to Council that they start their homework early by looking at their projects and meeting with staff. Councilor Loughry asked for a copy of the Uniform Manual of Traffic Devices. He asked if there was an ordinance on trailers, which are used for storage and parked in residential areas. Steve Seese responded that if they were being occupied as a commercial business it could be a possible zoning violation or could be dealing with a home occupation use. If someone is parking on the street obstructing traffic, then it goes to another level. We have an ordinance which addresses parking on the front and side of yards. Mayor asked about large trucks parked and left in a residential area. Mr. Seese replied that the Police Department needed to be called in that situation. He 583 Item llb, cont'd. informed that the Planning and Zoning Commission and the Zoning Task Force are looking at large commercial vehicles parking inside residential neighborhoods. Councilor Loughry wanted to know what type of interest the City had in doing business or doing housing for elderly. City Manager informed that most money comes from HUD. There is a Housing Authority here that the City has a limited legal involvement in. He mentioned that the City is more in rehabilitating and maintaining individual ownership or working through Section A where you get into rent or housing subsidy. Ownership has never been something that the City has pursued because of the Housing Authority. Councilor Martin announced that Thursday morning at 9: 30 a.m. the Electrical Board will leave to tour the electrical schools at S.A.F.B. , and the Council is invited to participate. Councilor Martin suggested to the Street Department that when curb trimming is done that the street sweeper follow behind the curb trimming crew. Councilor Martin requested that the July 19, 1994 meeting be moved to July 18 , 1994. Council concurred with the change. The Mayor and Councilor Martin have been invited by General Worthington to make a tour of some air force bases in the United States July 19 and 20. Councilor Daniel informed that hypodermic needles need to be disposed of in appropriate containers and he has asked the medical community to assist in educating the public and making them aware of their responsibilities. He added that the containers are readily available. Mayor Lam pointed out that Bridgett Jacobs, T.V. III reporter, was moving to Boston, and wished her well in the future. Item llc Mr. Bonnett advised that they were making an application to the Texas Natural Resources and Conservation Commission for a grant in the amount of $135,000 for alternative means of collection of refuse. It is a grant to purchase 60-90 yard containers. If granted they propose to select a couple of routes on a trial basis to provide alternative days, one day would be yard waste and the next day would be refuse. He emphasized that Council would have to take action to accept this grant if given, as well as appropriate it. He made reference to Councilor Daniel' s comment and stated that one of their concerns is the safety to our refuse collectors as well as the cost. He informed that it was costing $70 to $90 per ton to collect refuse; that is very expensive and part of those costs are the safety problems. We see some real potential for gaining some economies and some safety. Mayor Lam welcomed a group of Boys Scouts who are working on their citizen and merit badges. He encouraged them as they grow older to participate in government and get involved in the community, which is a part of being a good scout. Item lld 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: 38 a.m. 584 Item 11e City Council Liaison appointments to various City boards and commissions will be made at the next meeting. Item llf Moved by Councilor Mallonee that the following persons be reappointed to serve on the Mental Health Mental Retardation Public Responsibility Committee with terms to expire August 31, 1996: Maj . Jewett Johnson Jeanne Wakeman 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 llg Moved by Councilor Mallonee that the following persons be reappointed to the Planning and Zoning Commission with terms to expire May 31, 1997: Bill McGregor Sheryl Goss Ann Kisor 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 llh Moved by Councilor Mallonee that Dr. Richard Day be appointed to the Library Advisory Board with term to expire June 30, 1996. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None The City Council adjourned at 11:44 a.m. PASSED AND APPROVED this day of , 1994. Michael Lam, Mayor ATTEST: CId a Torres Clerk