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Min 02/15/1994 490 Wichita Falls,Texas Memorial Auditorium Building February 15, 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 Mayor Michael Lam. Mayor Lam proclaimed February 20-26, 1994 as "Safe Place Week" in conjunction with the Children' s Aid Society program, and February 26, 1994 as "National Trio Day" emphasizing higher education for low income students by Upward Bound, Midwestern State University. Item 3 Moved by Councilor Hughes that minutes of the meeting held February 1, 1994 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 Items 4a-4d Item 4d was moved to the regular agenda. Moved by Councilor Martin that the consent agenda be approved with the exception of Item 4d, which was moved to the regular agenda by Councilor Thompson. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 491 Items 4a-4c Minutes of the meetings of the following boards and commissions were received. a. Wichita Falls Park Board, January 27, 1994 b. Lake Wichita Study Committee, January 25, 1994 C. Wichita Falls Traffic Safety Commission, January 5 , 1994 Item 4d Moved by Councilor Thompson to receive the minutes of the meeting of the Lake Wichita Study Committee, November 30, 1993 . Motion seconded by Councilor Hughes, and carried by the following vote. Councilor Thompson clarified that receipt of minutes does not imply endorsement of everything within the minutes. He also requested that the Committee provide the Council with information on their project, in particular the economic ramifications, for a better understanding. Mayor Lam emphasized that suggestions coming from any committee are just suggestions, that the final approval rests with the Council and receipt of minutes is in no way an endorsement or position of the Council. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 5a ORDINANCE NO. 15-94 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 Martin that Ordinance No. 15-94 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 $12,667. 00 appropriated for the AIDS Grant. Item 5b ORDINANCE NO. 16-94 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 Thompson that Ordinance No. 16-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. 492 Item 5b, cont 'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None $11 , 232 . 00 appropriated for the Nursing Clerical Grant. Item 5c ORDINANCE NO. 17-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER IN THE LANDRUM & HENDERSON SUBDIVISION AS FOLLOWS: SECTION 2; THE WEST SIDE OF ARENA ROAD ADJACENT TO THE EAST LINE OF LOT 50, SECTION 3 ; THE EAST SIDE OF PARKER RANCH ROAD ADJACENT TO THE WEST LINE OF LOTS 10-22 , THE NORTH SIDE OF PARKER RANCH ROAD ADJACENT TO THE SOUTH LINE OF LOTS 1-9, AND THE NORTH SIDE OF SEYMOUR HIGHWAY ADJACENT TO THE SOUTH LINE OF LOTS 23-30, AND SECTION 4; THE WEST SIDE OF ARENA ROAD ADJACENT TO THE EAST LINE OF LOTS 71-79 AND THE WEST SIDE OF WRANGLER' S RETREAT ROAD ADJACENT TO THE EAST LINE OF LOTS 69 AND 70 Moved by Councilor Hughes that Ordinance No. 17-94 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 5d ORDINANCE NO. 18-94 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 50, SECTION 2 ; LOTS 1-30, SECTION 3 ; AND LOTS 69- 79, SECTION 4, LANDRUM & HENDERSON SUBDIVISION Moved by Councilor Hughes that Ordinance No. 18-94 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 6a RESOLUTION NO. 17a-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS CALLING FOR A REGULAR CITY ELECTION ON MAY 7, 1994 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hughes that Resolution No. 17-94 be passed. Motion seconded by Councilor Martin, and carried by the following vote. 493 Item 6a, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 6b RESOLUTION NO. 18-94 RESOLUTION TO APPROVE SEVENTH AMENDMENT TO WATER PURCHASE CONTRACT WITH WINDTHORST WATER SUPPLY CORPORATION Moved by Councilor Hughes that Resolution No. 18-94 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 6c RESOLUTION NO. 19-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPOINT TWO ADDITIONAL MEMBERS TO THE BOARD OF DIRECTORS OF THE WICHITA FALLS 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 Thompson that Resolution No. 19-94 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 6d RESOLUTION NO. 20-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY' S PARTICIPATION WITH OTHER SERVICE AREA CITIES OF TEXAS UTILITIES ELECTRIC COMPANY, IN THE STANDING STEERING COMMITTEE, INQUIRING INTO RATE AND SERVICE MATTERS CONCERNING TU ELECTRIC COMPANY; NAMING A REPRESENTATIVE TO THE STEERING COMMITTEE; PROVIDING AN EFFECTIVE DATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hughes that Resolution No. 20-94 be passed. Motion seconded by Councilor Martin, and carried by the following vote. City Attorney commented that the Council needed to name a representative at this time to the steering committee. Moved by Councilor Hughes that the City Attorney be appointed as the City' s representative to the steering committee. 494 Item 6d, cont'd. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: Mayor Lam Item 6e RESOLUTION NO. 21-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO APPLY FOR FIFTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; 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. 21-94 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Sgt. Jerry Riley, Commander of the North Texas Regional Drug Enforcement Task Force presented the following report. The North Texas Regional Drug Enforcement Task Force is a multi-county investigative unit dedicated to investigating violations of a controlled substance and dangerous drug acts in an eleven county area of North Texas. This is its fourth year and they are applying for fifth year funding. Funding comes from the federal government through the Edward Byrnes Law Enforcement Block Grant Funds which is administered in Texas by the Texas Narcotics Control Program Office of the Governor. Funding for the Task Force is set up on a 75/25 percentage ratio. 75% is funded by the federal government and 25% comes from local government and/or drug forfeiture monies. The Task Force has made its 25% match for current year through drug forfeiture monies, and this is the second year for such an accomplishment. Sgt. Riley gave figures on drug seizures and stated that they have seized over two billion dollars in drugs and made over 68,000 arrests since inception of the Task Force four years ago. Sgt. Riley reported that current year funding is secure, however, President Clinton has chosen not to fund the Byrne Grant in his 1995-1996 budget. Sgt. Riley stated that this meant May 31, 1994 would be the last day of funding for the Task Force. He urged the Council to contact area Congress persons to place this funding back in the budget. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 6f RESOLUTION NO. 22-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS GRANTING AN ENCROACHMENT UPON, OVER AND ACROSS THE CITY OF WICHITA FALLS ' AQUEDUCT ADJACENT TO LOT 4, BLOCK 19, SIKES ESTATES, SEC. F-2 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Mayor Lam that Resolution No. 22-94 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. 495 Item 6f, cont'd. Councilor Martin commented that he was in favor of granting this encroachment since the owner understood that he would have to tear it down at his own expense, but he thought the Council should go on record as notice to the public that no more encroachments would be granted. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Martin Nays: Councilor Hawkins Item 6g RESOLUTION NO. 23-94 RESOLUTION AUTHORIZING THE APPLICATION TO THE TEXAS FOREST SERVICE FOR A MATCH TREE GRANT. Moved by Councilor Thompson that Resolution No. 23-94 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 7a Ms. Robbie Matthews, 6712 General Custard, Chair of the Mayor ' s Commission on Status of Women, spoke against combining the Mayor' s Commission on Status of Women with the Commission on Human Needs. Penny Henderson, Vice Chair of the Mayor ' s Commission on Status of Women, also spoke against combining this Commission with the Commission on Human Needs. Ms. Henderson stated that the Commission had very important goals for the upcoming year and that it had achieved many things in the last year. She mentioned the need for adjustments on the Commission such as the number on the Commission and funding. She said that they were agreeable to these changes but requested that the Council ask for the Commission' s input before making any changes. Mayor Lam complimented the Commission for making their wishes known, that they would function better as a separate Commission. He stated that the Council would honor those wishes. He asked that the in the event the Commission felt it was not being effective that they inform the Council. Mayor Lam suggested that the number of members and funding be discussed at their next meeting and that they report back to the Council with recommendations. Item 7b Councilor Loughry asked for additional volunteers to serve on the City' s commissions and boards. Councilor Loughry asked about the status of the demolition contracts on the MPEC Project. City Manager replied that they were waiting for one final contract in order to complete the demolition process. Councilor Loughry requested a cost list of what each individual department had spent on this project. He asked about the trash tonnage taken to the landfill on the three contracts. City Manager said he would provide him with the landfill charges. Councilor Loughry asked about the digester overflowing. Mr. Bonnett corrected that it does not overflow, it foams, and 496 Item 7b, cont'd. they are still ironing out the sludge management techniques and will have a study to the Council on that. Councilor Martin commended the staff on their efficiency in replying to requests from the Council. Councilor Hughes urged everyone to contact their Congressmen and remind them how effective the North Texas Drug Enforcement Task Force funding is and that it is working effectively and efficiently. Councilor Mallonee mentioned the street light situation at 13th, Indiana, and Scott Streets. He was particularly concerned with the safety of crossing at the intersection at 13th and Scott Streets. He asked about the liability if lights were reinstalled. Mr. Parker replied the City would be liable and mentioned that he complies with the State approved traffic manual, which was authorized by City Ordinance. Councilor Mallonee said that he had received several calls of concern from persons in that area of town and asked that this be looked into. Councilor Hawkins thought that the Council had decided to leave the lights up for a while. Mr. Parker replied that they were to be left up no later than February 15 . Councilor Hawkins asked about the school crossing on Hooper Street and said signs were up but noon hours were not on there. Mr. Parker said he would have that corrected. Councilor Hawkins asked for an update on the Plum Creek Lake facilities. Mr. Murphy said they had looked at it and had made a recommendation not to put in the permanent units at this time. There is a policy that those are set out only for special events. He checked with FEMA to see what could be put in the floodway, and portable structures are allowed for up to 180 days. He said they are having a trout kid fishing rodeo and portables will be set up. Persons staying for a longer period of time can use the employee facilities while they are there. During the baseball season facilities are open. Mr. Murphy suggested that if this is going to be an ongoing thing it should be considered during the budget process. Councilor Hawkins commented that maybe there might be a local group that would underwrite this or maybe a port-o-pot company. Councilor Hawkins reminded everyone about the meeting tonight at the Youth Opportunity Building on Eastside and Madison. Councilor Hawkins asked about the status of the second generation lake lot leases for Lake Kickapoo. City Attorney said that Legal had written a second generation lease which the Lake Lot Committee is reviewing. Mr. Humbach stated that the Council would have an opportunity to address that issue within the next thirty days. Councilor Hawkins mentioned that those leases were getting close to expiration. He requested a copy of the second generation lease. Mr. Humbach said he would provide him with one. Councilor Thompson addressed the possibility of drug free zones, and requested that Sgt. Jerry Riley and Steve Seese look into that and bring back information to the Council. Councilor Thompson addressed the traffic lights in the downtown area and that if he remembered correctly the Council had mentioned the possibility of leaving those lights up but turned off. He felt they could have just been turned off but left up. He was concerned with the safety of people crossing 12th and 13th Street at Scott and Indiana Streets. It was his feeling and that of many people on the eastside that Mr. Parker waited until after that Council meeting and had the lights taken out; and that their desires were totally disregarded. He stated that Council sets the policy, not the staff. If Council desires to leave the lights up, that is the policy and no one 497 Item 7b, cont'd. has the right to subjugate or go around that. Councilor Thompson expressed disappointment, and asked to go on record that if this happens again he wants to make some changes. He said that if the other Council members ' recollection is the same as his, they need to have those lights put back up. Councilor Thompson stated that people ' s lives were in jeopardy needlessly and there was nothing being accomplished by it. Councilor Martin recollected that Mr. Parker had informed Council that the lights would be up no later that February 15 . Mayor Lam said he has never had a problem with any staff member doing something deceitful, but he was concerned that if people in that area felt that those lights are needed then they should be left up. Councilor Hughes commented that staff is working according to City Ordinance and if the Council wants them to go outside any Ordinance then Council should address any changes they wish to make. Councilor Mallonee agreed with Councilor Hughes. Councilor Thompson said that he lives in that area and is concerned for that area and asked that they look at it from his perspective. City Manager stated that they would continue to monitor the situation. He said they may need to go outside the Ordinance and get special consideration. He commented that the staff is very mindful of the fact that the Council determines policy. Mayor Lam instructed staff to bring this item back to Council and provide an opportunity to reinstate those lights as soon as possible. Locations are 12th and 13th Streets crossing Scott and Indiana Streets. Mayor Lam inquired about funding for an additional electrical inspector. Mr. Dockery informed that funds were available for parttime which have not been used. Mayor Lam said he had concerned electrical contractors contact him regarding delays in electrical inspections. He encouraged Steve Seese to review this to make certain people obtaining these permits were receiving good service. City Manager informed this was already being reviewed and that they were getting close to adding a second parttime. Councilor Loughry inquired about policy on parttime personnel, in particular probation periods and physicals. Mrs. Stricklin responded by referring to City policy. Councilor Martin reminded everyone that Early Voting for the Primary Election begins Wednesday, February 16 through March 5 . Early Voting locations are the County Courthouse, Target and K-Mart on Callfield. He encouraged everyone to get out and vote early. Item 7c City Manager reported that staff had met with Mr. Detrick and Mr. Spraggins regarding the need for water by the prison project contractor. Staff proposes a contract between the contractor and the city for a temporary installation from a fire hydrant for his various needs inside his building. Staff informed them that City did not want to see a tap from the restrooms to the sewer line, and proposed a septic tank, to which the contractor agreed. Contractor may have another project with S.A.F.B. after this project and he may have need for that facility, but he was informed that the water service would be pulled upon completion of the prison project. At that point the contractor would need to make other arrangements. The City Council recessed into executive session at 10: 17 a.m. according to Section 551 . 074 of the Government Code. The meeting reconvened at 10: 32 a.m. 498 Item 7e Moved by Councilor Hughes that the following persons be appointed to the Board of Electrical Examiners: Terms to Expire 5/31/94: Charles Kazmer (At-large) Randy McCullough (Homebuilder) 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 7f Moved by Councilor Hughes that the following persons be appointed to the Wichita General Hospital City/County Board of Directors: Terms to Expire 2/15/96 : Frank Yeager (Reappointed) Carol Wagner (Reappointed) Bud Francis (Appointed) Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin,and Hawkins Nays: None The City Council adjourned at 10: 36 a.m. PASSED AND APPROVED this �! day of � Y 1994. Michael Lam, ayor ATTEST: fydiAa7 Torres Cit Clerk ,:mow n�,�.:,