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Min 05/17/1994 564 Wichita Falls, Texas Memorial Auditorium Building May 17, 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. Reggie Coe, Grace Church. Mayor Lam proclaimed May 16, 1994 as "Cool and Casual Day for MDA" . City Clerk Lydia Torres administered the oath of office to Mayor Lam, and Councilors Martin and Hawkins. Mr. Bill Daniel was out on a family emergency and will be administered the oath of office at the next Council meeting. Item 3 Moved by Councilor Martin that the minutes of May 3 and May 9, 1994 meetings be approved. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 4 Councilor Hawkins requested that Item 4a be brought down from the consent agenda for discussion. Moved by Councilor Thompson that the consent agenda be approved with the deletion of Item 4a. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 565 Item 4b RESOLUTION NO. 74-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL COUNSEL AGREEMENT WITH THE LAW OFFICES OF MARTIN DIES FOR THE PURPOSE OF PARTICIPATING IN A CLASS ACTION LAWSUIT AGAINST VARIOUS ASBESTOS MANUFACTURERS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5a RESOLUTION NO. 75-94 RESOLUTION TO ACCEPT THE MPEC FORCE MAIN RELOCATION PROJECT AND AUTHORIZE FINAL PAYMENT TO POTEET, INC. Item 6 Minutes of the meetings of the following boards and commissions were received. a. Lake Wichita Study Committee, March 19, 1994. b. Wichita Falls Traffic Safety Commission, April 6, 1994. c. Commission on Human Needs, April 25, 1994 . d. Wichita Falls Park Board, April 28, 1994 . e. Employee Benefits Trust, May 5 , 1994. Item 4a RESOLUTION NO. 73a-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE SECOND GENERATION LAKE KICKAPOO LEASE, AS PREPARED BY THE LAKE LOT STUDY COMMITTEE AND CITY STAFF; 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. 73-94 be passed. Motion seconded by Councilor Mallonee. Councilor Hawkins expressed appreciation to staff and committee for their work on this lease, but stated that he still had some concern with it. He felt that it should have been drawn up by a hired professional and brought in today' s rules, regulations and laws. For this reason he was voting against the lease. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Martin Nays: Councilor Hawkins Item 7a ORDINANCE NO. 72-94 ORDINANCE WAIVING SECTION 22-1(a) (2) AND SECTION 22- 1 (a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS AND SIGNS DURING AN EVENT JULY 23 AND JULY 24, 1994 IN LUCY PARK 566 Item 7a, cont'd. Moved by Councilor Hughes that Ordinance No. 72-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays : None Item 7b ORDINANCE NO. 73-94 ORDINANCE WAIVING SECTION 22-1(a) ( 2) OF THE CODE OF ORDINANCES TO GRANT PERMISSION TO DRIVE A VEHICLE ON THE GRASS TO THE TEX-MEX BASEBALL LEAGUE IN SPUDDER PARK Moved by Councilor Thompson that Ordinance No. 73-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7c ORDINANCE NO. 74-94 AN ORDINANCE AMENDING APPENDIX C OF THE CODE OF ORDINANCES TO INCLUDE THE DEFINITION OF "RESTAURANTS, LIMITED" AND TO AUTHORIZE "RESTAURANTS, LIMITED" IN LIMITED COMMERCIAL (LC) ZONES; 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. 74-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Councilor Hawkins requested that an ordinance amendment be prepared by staff to delete the less than 1200 sq. ft. in gross floor area restriction under the Restaurant Limited definition, Commercial Uses Section as recommended by Planning and Zoning Commission. Item 7d ORDINANCE NO. 75-94 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 TRIGG LANE, ADJACENT TO THE NORTH LINE OF LOT 1 , BLAND ADDITION Moved by Councilor Hawkins that Ordinance No. 75-94 be passed. 567 Item 7d, cont 'd. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7e A proposed ordinance was presented rezoning Lot 29A, McKenzie-Knight Subdivision ( 1704 Fairfax Avenue) , Wichita Falls, Texas, from Single Family Residential (SF2) to Multifamily Residential (MFR) . Case R 94-04. Moved by Councilor Martin that this proposed ordinance be _ passed. Motion seconded by Councilor Thompson. Mayor Lam informed that staff had been instructed to see if there were any prior commitments that would affect this decision. City Manager stated that staff did check to see if there were any commitments or if the interpretation of the 1985 zoning law edition would have any residual effect or binding obligation on the part of the city or the developer. Dave Clark informed that staff met with applicant and discovered that there was some question before the time of the passage of the zoning ordinance about the development of that property and that building permits were issued at that time. However, there is a clause in the zoning ordinance that states that it tried to accommodate plans that had already been prepared prior to adoption of the ordinance. In this case no action had been taken until this time which is ten years later. The limitation provided within the language of the zoning ordinance stated that a permit was to be taken out six months after adoption of the ordinance and project completion was to be done within two years of the adoption of the ordinance, which means project needed to have been completed in 1987. No action was taken therefore, staff ' s interpretation is that there is no obligation to the applicant in this regard, and recommendation stands from both the Staff and Planning and Zoning Commission for denial of the zone change. Johnny Levatte, 10 McNabb Circle, Wichita Falls, addressed his request to rezone Lot 29A, McKenzie-Knight Subdivision. He stated that he originally asked for permits to develop this property and upon documentation from the CIty was misled to believe that he had access to the north end of his property which was known as Holly Lane. He did not ask for a change or continuance of the project at the time because he had the expense of setting the buildings on the north end of his property which was Holly Lane. He then had to change his plans and move the buildings to the south end of the property which is Fairfax Avenue. He was unaware of the fact he had recourse for change at the time when the original zoning was set. He informed that when that property was first zoned it was zoned as single family residential; but property was mixed joint commercial and residential at that time. He stated that the whole street is non conforming because they are not regular city lots; they are acreage. Some have as many as five rent houses and some are being used for commercial properties. He has put in an apartment building at 1704 Fairfax and is building a house there also. If he is allowed to complete his project the area would be improved. Councilor Loughry asked if the building was there now. Mr. Levatte answered that it was and he wants to move it to the 568 Item 7e, cont 'd. south end of the property because he lost access on the north end. Councilor Martin stated that Council was not objecting to any progress there, but dealing with a zoning ordinance which prohibits this type of development in that area. Mr. Clark responded that this would be the further expansion of a non- conforming use. Councilor Hughes asked what Mr. Levatte' s option was of the present buildings and if he could use them in their present location. Mr. Clark said that there were several issues that were brought up. First issue was that the change requested was considered to be spot zoning because the property to the east of Mr. Levatte ' s property contains multi-family and it should be included in the rezoning request. Second issue was that they received objections from the neighbors on rezoning. Thirdly, the development of the property has been a problem over a period of time, and as a result of complaints, staff has been following up on several of the problems in that area. With expansion of his project, there can be a solution to accommodate what he wants to do. Councilor Hughes asked if he had the option to use the two units in their present location. Mr. Clark responded that since they are existing buildings he could make repairs and place driveways in there. Mayor asked what the result would be if this waiver was denied. Mr. Clark responded that he could continue doing business with occupancy of the apartment buildings he already has and he could make repairs but not expand. Councilor Thompson stated that maybe what he did was in conformity as to what was allowed. Since he has those buildings there maybe he and Mr. Clark can get together and if at all possible come up with a reasonable solution. He asked if Mr. Clark had drawings of Mr. Levatte' s plans. Mr. Clark responded that he did not, but was willing to sit down with him and try to work out a solution. Mr. Clark stated that Mr. Levatte could bring this back for reconsideration on several fronts. For instance, the change to use existing placement of the buildings and develop the property that way. Also, he could bring it back through the Planning Commission and the Council for rezoning at a later date. Motion failed by the following vote. Ayes: Councilor Thompson Nays: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Item 8a RESOLUTION NO. 76-94 RESOLUTION TO APPROVE ENGINEERING SERVICES CONTRACT WITH BIGGS & MATHEWS, INC. FOR ENGINEERING SERVICES RELATED TO PAINTING OF THE DENVER ELEVATED STORAGE TANK AND THE NORTH BEVERLY GROUND STORAGE TANKS Moved by Councilor Thompson that Resolution No. 76-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 569 Item 8b RESOLUTION NO. 77-94 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH CORLETT,PROBST, & BOYD, INC. IN ASSOCIATION WITH ALAN PLUMMER & ASSOCIATES, INC. TO PERFORM SLUDGE DEWATERING AND DISPOSAL STUDY Moved by Councilor Martin that Resolution No. 77-94 be passed. Motion seconded by Councilor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin and Hawkins Nays: None Item 8c RESOLUTION NO. 78-94 A RESOLUTION AUTHORIZING LIFE LINE EMERGENCY MEDICAL SERVICES, INC. , TO ASSIGN THE AMBULANCE SERVICE CONTRACT TO CARELINE, INC. ; 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. 78-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Mike Harmon, C.E.O. Lifeline, gave reasons for selecting Care Line, such as having the same emphasis on health care. Bobby Bearden, Regional Vice President for Care Line, Inc. gave an overview on Care Line. He stated that their objective with managed care, as it goes forward, is to define quality operations which have built their direction strictly for EMS business. Unlike Care Line and Life Line other consolidators have used this as a transportation business. Item 9a RESOLUTION NO. 79-94 RESOLUTION TO AWARD BID TO SELMON ENTERPRISES, INC. FOR 1994 ALLEY REHABILITATION PROJECT. Moved by Councilor Martin that Resolution No. 79-94 be passed. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 570 Item 9b RESOLUTION NO. 80-94 RESOLUTION TO AWARD BID TO PATE BROTHERS CONSTRUCTION COMPANY FOR RELOCATION OF UTILITIES ON MPEC SOUTH SIDE Moved by Councilor Hughes that Resolution No. 80-94 be passed. Motion seconded by Councilor Martin. Allen Green with Bowles Construction informed that they were one of the bidders on this project. In the notice to bidders it stated that the probable cost of this project was $300,000. There was an irregularity in the low bidders bid, who is also an out of town contractor. Second low bidder was approximately $34, 000 below engineer' s estimate. Bowles Construction wrote a letter to Mr. Bonnett protesting the award of this bid. Mr. Bonnett responded in writing that the Council has the right to reject this bid because of irregularity, and they are asking that the Council do this. Mr. Green explained that the irregularity was that in the bid documents it was stated in three different places (Caution to Bidders, Instruction to Bidders, and Bid Proposal) that there is supposed to be a xerox copy of the bid and the low bidder failed to do that. He added that the certification stated it was in there but it was not. City Attorney informed that the language was permissive not mandatory. The objective is to have the lowest responsible bidder get the contract in order to keep project costs down. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Hughes, Martin and Hawkins Nays: Councilor Loughry Item 10a Giola Ozuna, 1309 Giddings, complained about the filthy rap being played in the park and wanted to know if there was a permit allowing them to do this. Mayor informed her that the City does not issue such permits, but he will have the Police Department increase cruising in that area. W.J. Shoemake, 2527 Terrace Ave. , AKA D. Flemming, stated that he was a registered, certified 1981 newsman, and he carries credentials for such. He complained that he had been accused of bothering the City' s employees but it was the just the opposite. Mayor stated that as a member of the press he had certain responsibilities and if they were not upheld the City Manager had a right to protect his employees. He was directed to the Public Information Office for any information he may want. Item 10b Councilor Loughry asked Mr. Bonnett to look into putting another dumpster in the alley of the 1400 block of Buchanan. He also asked that the "select fill" requirement on the Woolworth Building demolition project be looked into. Mr. Bonnett will look into this. Councilor Martin expressed his appreciation to the people in District 4 who overwhelmingly re-elected him to serve another two years on the Council and for their vote of confidence. He will continue to work to make Wichita Falls a better place to live and to see that we have sound economic and efficient government. To the members of the Council, Councilor Martin announced that on June 9, at 9 a.m. the Electrical Board is 571 Item 10b, cont'd. going to make a tour of the schools at Sheppard. He informed that we are having more young men retiring from the service and making application for electrical or journeyman license. He said that this tour will familiarize Council with what the school is doing and what credits they can be given as they apply for their journeyman or master license. Councilor Hughes expressed his appreciation to the Staff and the Council in working with them as Councilor District 3 . He said that he had thoroughly enjoyed serving the citizens of District 3 and looks forward to working with the City in the future. Regarding Council matters, Councilor Hughes asked that staff review the ordinance dealing with parking in the front yards, to see what fine tuning needs to be done. He said there were some areas that needed to be looked into in District 3 such • as McNiel Street, and possibly in other areas. He asked that Staff bring this back to the Council for action. Mayor Lam mentioned that final good-byes to Councilor Hughes would be expressed at the next Council meeting. Councilor Hawkins addressed the City Clerk' s memo regarding the $75 administrative fee to add a spouse' s name to an existing lake lot lease. Councilor Hawkins disagreed with this because Texas is a community property State and whether the spouse ' s name is on the lease or not, if commingled funds are used to pay the lease then that spouse is a party to the lease. He said that in order to add a spouse ' s name to the lease a codicil could be added to the lease without a great charge or without re-doing the lease. He said that the $75 fee should not be added unless it is for raising revenue for the City of Wichita Falls. It was a consensus of the Council to initiate the $75 administrative fee to add a spouse' s name to an existing lake lot lease. Mayor Lam mentioned the Appreciation Day for Mr. Thompson that was held in his honor. It was a fine occasion. Councilor Thompson expressed his appreciation to the Mayor and City Manager and everyone else that attended. Councilor Thompson suggested that Council have a uniform officer at all Council meetings to protect the citizens in attendance and the Council. He also asked that companies and enterprises put forth an effort to hire the students who will soon be out of school for the summer in order to assist them in helping themselves through working. Thirdly, Councilor Thompson mentioned the two consulting firms hired this morning. He asked that Mr. Bonnett provide the Council with information regarding consulting firms prior to agenda information in order to allow Council enough time for prior thought. Item 10c No staff reports. Item 10d City Council recessed into executive session at 10: 34 a.m. in accordance with Section 551. 074 of the Government Code. The meeting reconvened at 10: 57 a.m. Item 10e Moved by Councilor Hughes that the following persons be appointed to serve on the Commission on Human Needs to replace six members who have resigned: 572 Item 10e, cont'd. Terms to expire December 31, 1997. Stephanie Ann Dawson Emmett Ervin Bobby Hall Robert Randolph John Saxon Abed Munoz Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10f I Moved by Councilor Hughes that Rev. Kenneth Hurley and Claude Lollie be reappointed to the Wichita Falls Housing Authority with terms to expire July 1, 1996. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item lOg Moved by Councilor Hughes that the following persons be reappointed to the Library Advisory Board with terms to expire June 30, 1997: Ms. Valda J. Jones Ms. Lyn Goodgion Mr. Leo Watts Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10h Moved by Councilor Hughes that Sandrea Marvel and John D. Ward be reappointed to the Mental Health Mental Retardation Board of Trustees with terms to expire August 31, 1996 . Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item l0i Moved by Councilor Hughes that Cheryl Lawson be appointed to the Mayors Commission on the Status of Women with term to expire September 3 , 1995 . i Motion seconded by Councilor Martin and carried by the following vote. 573 Item 10i, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10i RESOLUTION NO. 81-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING LARRY GILLEN MUNICIPAL JUDGE FOR A TWO YEAR TERM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS = OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hughes that Resolution No. 81-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10k No action was taken on this item. The City Council adjourned at 11: 05 a.m. PASSED AND APPROVED this day of , 1994. t Michael Lam, -Mayor ATTEST: Ly�do Torres Citt Clerk