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.
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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.
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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:
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