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Min 05/03/1994 552 Wichita Falls,Texas Memorial Auditorium Building May 3 , 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. Jerry Reed, Liberty Baptist Church. Item 3a Sue Selby, City/County Health Department was honored as Employee of the Month for May. Mayor Lam presented her with a plaque, City of Wichita Falls pin, a check, bus tickets, and tickets to a theatre and dinner. Mayor Lam proclaimed May 14, 1994 as "Health Fair Day" , and the month of May, 1994 as "Mental Health Month" and as "Texas Peace Officers Month" in Wichita Falls. Item 4a Moved by Councilor Hughes that the minutes of April 19, 1994 meeting 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 5 Moved by Councilor Hughes that the consent agenda 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 553 Item 5a RESOLUTION NO. 61-94 RESOLUTION AMENDING RESOLUTION NO. 33-94 PERTAINING TO EXHIBIT A, APPOINTMENT OF JUDGES AND ALTERNATES FOR THE CITY ELECTION TO BE HELD MAY 7, 1994 Item 5b RESOLUTION NO. 62-94 RESOLUTION AMENDING RESOLUTION NO. 2103 WHICH ESTABLISHED A WICHITA FALLS ARTS COMMISSION Item 5c RESOLUTION NO. 63-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH WICHITA COUNTY FOR THE MAINTENANCE OF CERTAIN COUNTY VEHICLES, SELLING OF FUEL AND JOINT VEHICLE BIDDING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5d RESOLUTION NO. 64-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, GRANTING EASEMENT AND RIGHT-OF- WAY TO TU ELECTRIC COMPANY TO SERVE CITY OF OLNEY RAW WATER PUMPING FACILITIES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6a The bid for a 300 gallon per minute pumper was awarded to Casco Industries in the amount of $59, 022 .00 . Item 6b RESOLUTION NO. 65-94 RESOLUTION TO AWARD BID TO ZACK BURKETT CONSTRUCTION COMPANY FOR 1994 STREET RESURFACING PROJECT. Item 6c RESOLUTION NO. 66-94 RESOLUTION TO AWARD BID TO BOBBIE D. HAYNES CONSTRUCTION FOR CDBG COUNTRY CLUB (PHASE 3 ) PROJECT. Item 6d RESOLUTION NO. 67-94 RESOLUTION TO AWARD BID TO ZACK BURKETT CONSTRUCTION COMPANY FOR CDBG 1994 MILL & OVERLAY PROJECT Item 7a Minutes of the meetings of the following boards and commissions were received. a. Commission on Human Needs, February 7, 1994 . b. Lake Wichita Study Committee, March 8, 1994. c. Planning and Zoning Commission, March 9 , 1994. d. Board of Electrical Examiners, April 14, 1994. Mayor Lam suggested that the order of the Regular Agenda be revised to allow Item 9e to be discussed as the first item on the Regular Agenda. 554 Item 9e RESOLUTION NO. 72-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BUCHANAN CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE MULTI-PURPOSE EVENTS CENTER AGRICULTURAL COMPLEX FOR A CONTRACT AMOUNT OF $3 ,142,437, THE SAME REPRESENTING THE CONSTRUCTION COSTS FOR SAID CENTER, INCLUDING THE BASE BID AND ALTERNATIVES 1 THROUGH 4; 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. 72-94 be passed. Motion seconded by Councilor Mallonee. Kay Yeager, MPEC Chair, 2111 Avondale, was pleased that Buchanan was the low bidder since they are local contractors. Also, Mrs. Yeager informed that the Buchanan' s father built the Memorial Auditorium and it was fitting that Buchanan' s had won this bid. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8a ORDINANCE NO. 65-94 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Hawkins that Ordinance No. 65-94 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 Item 8b ORDINANCE NO. 66-94 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF LONE STAR GAS COMPANY WITHIN THE CITY OF WICHITA FALLS FOR 90 DAYS FROM AND AFTER MAY 27 1994; PROVIDING FOR THE CONTINUATION OF EXISTING RATES WITHIN THE CITY OF WICHITA FALLS; DECLARING AN EMERGENCY; 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 Thompson that Ordinance No. 66-94 be passed. Motion seconded by Councilor Hawkins. Steve Morath, Area Manager for Lone Star Gas addressed their rate application. Motion carried by the following vote. 555 Item 8b, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8c 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 Thompson that this proposed ordinance be passed. Motion seconded by Councilor Hawkins. ° Johnny Levatte, 10 McNabb Circle, Wichita Falls, addressed his request to rezone Lot 29A, McKenzie-Knight Subdivision. 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. When streets were paved to access the Eden Hills Subdivision he was caught up to conform with same rules as the Eden Hills Subdivision. Councilor Hawkins stated that according to his information Mr. Levatte ' s apartment units had been approved in 1979 and he wanted to know what happened to the zoning since it was zoned for single family but was being used as multifamily. Mr. Levatte said he wanted his property to be grandfathered since the City had originally approved it for sixteen apartment units, and he is not starting development in a new area. He has all the chronological documentation regarding his development, which he will provide for the Council if they request it. Mr. Levatte said the building on the property has been and is occupied. It is multifamily and contains six apartment units. Dave Clark referred to the map with the existing zoning situation, which includes a single family 2 in the area. He said that when it was reviewed by them it was considered to be a spot zoning because the property to east of Mr. Levatte ' s property contains multifamily. It is logical that if you are going to rezone for multifamily that you cover all areas in that location that are multifamily. Also, they received negative response from the neighbors on rezoning, and the property is in questionable condition and contains outdoor storage which is a problem to the neighborhood. Mr. Levatte stated that one of the buildings in questionable condition is the one that he was going to develop into the apartment building, which would resolve that situation and he would also work on the outside storage. Councilor Thompson questioned that if it was previously zoned single family why was Mr. Levatte wanting to move the apartments on to that property. Councilor Hughes explained that he had done it before it was zoned. Zoning was put in to eliminate those kind of situations and to prevent further development in single family areas. In that situation his property was grandfathered for its current use with its current buildings. Mayor Lam asked why it was not put in as multifamily since it was multifamily. Mr. Clark said he could not answer that since he was not here when that occurred. Mr. Levatte did not understand why he had to keep returning to ask the Council' s approval for something that had previously been approved by the City. Jim Berzina stated that they looked at the zoning situation to determine how it should be zoned. They decided to zone for the way it should be used and grandfather the existing use only, but if that land is no longer used as a non conforming use it 556 Item 8c, cont'd. goes back to the original zoning. City Manager said he was not aware where the Planning Department at any time took people' s planned intentions and said it was alright to do that. We need to look at Mr. Levatte ' s documents and verify exactly what that is. At the time they were determining zoning they did not get into approving everyone' s plans as to what they wanted to do, only into deciding how the land should ideally be used. Mr. Levatte stated that his development had been approved for him to proceed with the apartment development on that property. City Manager said that the use he had was fine but they very clearly stated that there was no expansion unless it was zoned for the new expansion. If Mr. Levatte had a building permit back in 1980 that basically, legally was negated by the adoption of zoning, so Council and Staff need to see the documents that he has. Moved by Councilor Thompson that this item be tabled until Council is provided with Mr. Levatte' s documents. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8d ORDINANCE NO. 67-94 ORDINANCE WAIVING SECTION 27-20 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE SOUTH SIDE OF QUINCY ROAD AND THE WEST SIDE OF HAMMOND ROAD, ADJACENT TO THE NORTH AND EAST LINES OF LOT 8 ,BLOCK 1, SUMMIT VIEW ESTATES, SECTION 1 Moved by Councilor Hughes that Ordinance No. 67-94 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 8e - - - - - - - A proposed ordinance was presented waiving Ordinance 32-139 of the Code of Ordinances with respect to detention requirements for Lots 6 through 9, Thornton Addition. Moved by Councilor Martin that the proposed ordinance be passed. Motion seconded by Councilor Hawkins. Martin Littekin with Biggs & Mathews, Consultants for T. Warren Investments who is seeking approval to construct the detention and restitution center. Mr. Littekin informed that the plan is to remove all existing buildings on the property and replace them with the detention and restitution center. Because of its large size, 16 . 2 acres, the particular site, is basically semi-rural in nature and we are requesting waiver of detention requirements for this particular site. Councilor Martin asked about architectural landscaping to eliminate water runoff. Mr. Littekin replied that right now all they have is a basic site plan. Councilor Martin commented that as other developments occur in that area it is going to create a greater runoff situation. Mr. Littekin agreed. Mr. Bonnett 557 Item 8e, cont'd. mentioned that the staff ' s concern was that it drains into the Denver Tank, and Council has previously dealt with complaints behind Thompson Road and because of that, overall drainage patterns are quite critical in that area. Staff recommends not waiving this requirement. Councilor Hawkins stated that there has been a lot of discussion about this drainage into the Denver Tank and there were problems on the eastside with it. He added that a lot of tax dollars had been spent on Holliday Creek and he did not think they should approve this waiver. Motion failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins x, Item 8f ORDINANCE NO. 68-94 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOTS 6 THROUGH 9, THORNTON ADDITION Moved by Councilor Martin that Ordinance No. 68-94 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 Item 8g ORDINANCE NO. 69-94 ORDINANCE ADDING SECTION 32-46 TO THE CODE OF ORDINANCES, PROHIBITING VEHICLES IN DESIGNATED AREAS OF THE CITY' S SECONDARY RESERVOIR; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE Moved by Councilor Hughes that Ordinance No. 69-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Martin Nays: Councilor Hawkins Item 8h ORDINANCE NO. 70-94 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROPRIATING $30,000 IN FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE EMERGENCY MANAGEMENT ASSISTANCE PROGRAM; 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. 70-94 be passed. 558 Item 8h, cont'd. Motion seconded by Councilor Hughes and carried by the ; following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin and Hawkins Nays: None Item 8i ORDINANCE NO. 71-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 20-7 OF CHAPTER 20 OF THE CODE OF ORDINANCES BY INCREASING THE PENALTY FOR THOSE PERSONS ILLEGALLY DEPOSITING TRASH, GLASS, DEBRIS, ETC. , ON CITY STREETS, ALLEYS OR PUBLIC LANDS; 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. 71-94 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 9a RESOLUTION NO. 68-94 RESOLUTION CALLING A SPECIAL MEETING OF THE CITY COUNCIL TO BE HELD ON MAY 9, 1994 AT 8: 30 A.M. TO CANVASS THE RETURNS OF THE MAY 7, 1994 GENERAL ELECTION HELD IN WICHITA FALLS, TEXAS Moved by Councilor Thompson that Resolution No. 68-94 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 This meeting will be to canvass the returns. Installation of newly elected officers will take place at the next Council meeting on May 17, 1994 . Item 9b RESOLUTION NO. 69-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT IN WESTMORELAND PARK, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; 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 Resolution No. 69-94 be passed. Motion seconded by Councilor Hughes and carried by the following vote. 559 Item 9b, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9c RESOLUTION NO. 70-94 RESOLUTION AMENDING RESOLUTION 14-94 TO GUARANTEE A PORTION OF LUCY PARK BE KEPT IN OPEN SPACE. Moved by Councilor Martin that Resolution No. 70-94 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 Item 9d RESOLUTION NO. 71-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH REED-STOWE & CO. , INC. , FOR THE PURPOSES OF PERFORMING A REVIEW AND AN ANALYSIS OF THE APPLICATION OF LONE STAR GAS COMPANY TO INCREASE NATURAL GAS SERVICE RATES IN THE CITY OF WICHITA FALLS; 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. 71-94 be passed. Motion seconded by Councilor Martin. Steve Morath, Area Manager for Lone Star Gas addressed their concern of treatment by Reed-Stowe Co. toward Lone Star Gas. Jack Stowe, Reed Stowe & Co. , 12770 Coit Rd. , Dallas, Texas, responded to Mr. Morath' s concerns and gave background information regarding their work. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Council recessed for ten minutes. Mayor Lam suggested that the proposed Lake Kickapoo lease be discussed after the recess. Council reconvened at 10 : 25 a.m. There was some confusion as to when the second generation lease for Lake Kickapoo would be voted on. It was the City Manager ' s understanding that the Lake Committee still had the proposed lease as of today. City Attorney explained that there was not a meeting of the minds between Mr. Thacker and himself until Friday afternoon, therefore, it was not placed on this agenda. Several expressed concern that if a new council were to come in the discussion would start from the beginning again. City Attorney informed since it was not on the agenda it could 560 not be acted on today, but he already had it on the consent agenda for the next Council meeting. Baxter Featherston expressed his concern for the need to have a lender friendly lease and urged the Council to consider this in the second generation lease. After some discussion, it was felt that at this time there should be no changes to the lease. Mayor Lam instructed Staff to present at the next session the new generation lease as was agreed to by the Council at their last meeting. Item l0a No one wished to be heard. Item 10b Councilor Thompson urged the citizens to get out and vote at the City and School Election. He encouraged citizens to participate in the Health Fair, which is a joint effort between the Jerusalem Community Development Center and the Martin Luther King Center, on May 14 from 9 a.m. to 5 p.m. at the Martin Luther King Center, 1100 Smith Street. He asked that we be in prayer for the people in Rhowanda who are involved in senseless slaughter and destruction. By the same token he said that there are some things we could be happy about like the election of Nelson Mandela as the President of South Africa. We all need heros and there are so few that our children can look up to. He suggested that possibly in the future we could look at having a sister city in South Africa. Councilor Martin also encouraged the citizens to get out and vote in the City and School Elections. He asked Mr. Bonnet for a report on the sewer meter evaluation. Mr. Bonnet replied that they would be meeting today to review the data. Item 10c No staff reports. Item 10d No executive session was held. Item 10e Moved by Councilor Hughes that William Weaver and Roger Wright be reappointed to the Board of Electrical Examiners with their terms to expire May 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 Moved by Councilor Hughes that Jerry Reed be appointed to the Nortex 9-1-1 Communications District Board with his term to expire May 15, 1996. Motion seconded by Councilor Martin and carried by the following vote. 561 Item 10e, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None City Manager informed that Ed Donovan with General Motors had notified him that yesterday the GM board had approved a merger with AC Rochester and Delco Ramming, which would take effect July 1. Mr. Donovan reassured that the status of this plant would not be affected by this merger except for a possible name change, if anything, this plant would be enhanced. The first significance would be that the Delco headquarters would move to Flint where AC is already located. The City Council adjourned at 10 : 55 a.m. PASSED AND APPROVED this day of , 1994. Mich Lam, Mayor ATTEST: 4Lyd a Torres Cit Clerk