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Min 01/04/1994 461 Wichita Falls, Texas Memorial Auditorium Building January 4, 1994 Items ' & 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 - Terrance E. Loughry - Councilors Angus Thompson - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Paul Hughes - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. Bob Christmas, Allendale Baptist Church. Item 3 Gail Brock, Police Department, was honored as Employee of the Month for January. Mayor Lam presented her with a plaque, City of Wichita Falls pin, a check, bus tickets, and tickets to a theater and dinner. Mayor Lam proclaimed the month of January as Crime Stoppers Month. Item 4 Moved by Councilor Thompson that minutes of the meeting held December 21 , 1993 , be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays None Item 5a ORDINANCE NO. 1-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS REPEALING SECTION 20-11 OF THE CODE OF ORDINANCES IN ITS ENTIRETY AND ADOPTING SECTION 20-11 OF THE CODE OF ORDINANCES, TO BE ENTITLED "CURFEW HOURS FOR MINORS, " OF CHAPTER 20, "OFFENSES AND MISCELLANEOUS PROVISIONS, " ; DEFINING TERMS; CREATING HOURS OF CURFEW FOR MINORS; CREATING OFFENSES FOR MINORS, PARENTS OF MINORS, AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 462 Item 5a, cont'd. Moved by Councilor Thompson that Ordinance No. 1-94 be passed. Motion seconded by Councilor Hawkins. The City Attorney recommended the following amendment to the original Ordinance. Sec. 1 (a) ( 7) (B) to read as follows: (B) at least eighteen (18) years of age and authorized by a parent or guardian in writing to have the care and custody of a minor. Moved by Councilor Martin that Ordinance No. 1-94 with amendment be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 5b ORDINANCE NO. 2-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CHANGING THE NAME OF A PORTION OF OFFUTT STREET TO EAST 5TH STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 2-94 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 5c ORDINANCE NO. 3-94 AN ORDINANCE REZONING LOT 18B, BLOCK 19, HILLCREST ADDITION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY-2 RESIDENTIAL (SF-2 ) TO GENERAL COMMERCIAL (GC) . (CASE R-93-09) Moved by Councilor Martin that Ordinance No. 3-94 be passed. Motion seconded by Councilor Hawkins. Councilor Mallonee informed he would be abstaining from voting since he is Property Chair of the Wichita Falls Area Food Bank. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Martin, and Hawkins Nays: None Abstention: Councilor Mallonee 463 Item 5d ORDINANCE NO. 4-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING A 4. 9 ACRE TRACT OUT OF OUR REDEEMER LUTHERAN CHURCH SITE, WICHITA FALLS, TEXAS, FROM LIMITED OFFICE (LO) AND SINGLE FAMILY-2 RESIDENTIAL (SF-2) TO MULTI-FAMILY RESIDENTIAL (MFR) (CASE R 93-08 ) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hawkins that Ordinance No. 4-94 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 5e A proposed ordinance was presented making an appropriation from equity assets of the Water and Sewer Fund to an appropriate operating account for purposes of conducting a Sanitary Sewer Evaluation Study in response to EPA Administrative Order. A motion was made by Councilor Martin, and seconded by Mayor Lam, for its passage. After some discussion and concerns voiced by several Councilors, Councilor Hawkins moved that this item be tabled until next council meeting. Motion seconded by Councilor Mallonee, and carried unanimously. The Mayor, Councilor Mallonee, Councilor Loughry, City Manager, Mr. George Bonnett and Mr. Bill Parker will meet with EPA representatives to discuss this matter and to present the Council ' s concerns. A report on this meeting will be presented at the next council. Item 6a RESOLUTION NO. 1-94 RESOLUTION TO ACCEPT THE CDBG WILLIAMS AVENUE DRAINAGE PROJECT AND AUTHORIZE FINAL PAYMENT TO SCALES CONCRETE CONSTRUCTION COMPANY Moved by Councilor Thompson that Resolution No. 1-94 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6b A proposed resolution was presented to approve contract with Biggs and Mathews, Inc. for engineering consulting services to perform a Sanitary Sewer Evaluation Study. Moved by Councilor Hawkins that this item be tabled. 464 Item 6b, cont 'd. Motion seconded by Councilor Thompson, and carried unanimously. Item 7a RESOLUTION NO. 2-94 RESOLUTION TO ACCEPT BID OF NORMAN R. BRATCHER CONST. CO. FOR CONSTRUCTION OF A CHEMICAL INJECTION SYSTEM AT THE RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Martin that Resolution No. 2-94 be passed. Motion seconded by Mayor Lam, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 7b A bid for removal and disposal of asbestos containing materials from five (5) City owned properties was awarded to Burcham Environmental Systems, Austin, Texas, in the amount of $19,200.00, and to Environmental Contractors, Inc. , Austin, Texas, in the amount of $59, 600.00, for total of $78 ,800. 00. Locations of City owned properties are as follows: 413 Burnett Street 411 Flood 406 Flood 2204 Third Street 801 Scott Street (Woolworth Building) Moved by Councilor Mallonee that bid be accepted. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Martin, and Hawkins Nays: Councilor Loughry Item 8a No one wished to be heard. Item 8b Councilor Loughry asked for volunteers to make application to serve on City commissions, in particular the Commission on Human Needs and Mayor' s Commission on the Status of Women. He mentioned a Folk Life Festival which the Commission on Human Needs has scheduled for May 21-22. Councilor Martin addressed the effects of unfunded mandates on our nation and stressed that taxpayers need to get involved by lobbying Congress and state legislators, protesting these unfunded mandates. Councilor Hawkins commented that the citizens had spoken when they had elected them as their representatives and they expect them to be their spokesperson in Austin and Washington, D. C. He felt like a small step had been taken today by having r 465 Item 8b, cont'd. the Mayor and staff meet with EPA to get around the large expense of the SSES. He hoped that the Engineering Department would keep a very close watch on any plats and sewer designs which came through there in order to prevent any storm water from running into the City' s sewer lines. He was of the opinion that if the Council expected citizens to take a stand, that Council should take the lead. Councilor Thompson mentioned a call he received from an owner of a wrecker service complaining about not being able to get on the rotation list and about the number of wreckers which could be owned. Councilor Thompson requested that this be looked into. Chief Harrelson commented that the Wrecker Ordinance needs to be looked into because it has some serious problems. The City Manager will look into this. Item 8c Fred Werner presented a report on tax collections as requested by Councilor Mallonee. Collections are down from the prior year. When the City consolidated with the County for tax collection, half payment policy was abolished and half payments will be deferred until January 31 . Mr. Werner will present a report in February, which he said would reflect collections will be up. He reported that collections were being deposited in a timely manner. Mayor Lam mentioned the Refuse Study Committee, consisting of the Mayor, Councilor Mallonee, Councilor Hughes, Mr. Berzina, and Mr. Bonnett. He said they received a report on some landfill opportunities. He passed out copies of the report and asked the Council to peruse for later input. The City Manager handed out copies of the T.M.L. Legislative Bulletin and copies of an update on the Downtown Park discussed earlier today, and a copy of a brief report on Ledford Lane lighting. The City Council recessed at 9: 37 a.m. for ten minutes, followed by an executive session according to Section 551. 071 of the Texas Government Code. The meeting reconvened at 10: 31 a.m. The City Council adjourned at 10: 32 a.m. PASSED AND APPROVED this day of , 1994. Michael Lam, Mayor ATTEST: W � L di Torres City Jerk �� rt� .