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Min 10/05/1993 392 Wichita Falls, Texas Memorial Auditorium Building October 5, 1993 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in Ind 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 - Angus Thompson - Councilors Paul Hughes J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk The invocation was given by Mike Rucker, Bible Baptist Church. • Item 3a Rudy Castro, Parks Maintenance Worker II, was honored as Employee of the Month for October, 1993. Mayor Lam presented him with a plaque, City of Wichita Falls pin, a check, bus tickets, and tickets to a theater and dinner. Mayor Lam presented proclamations for Taste of the Town, "The Falls" Christmas Ornament, and National Physical Therapy Month. Item 4 Moved by Councilor Thompson that minutes of the meeting held September 21, 1993, be approved. Motion seconded by Councilor Hawkins, and carried unanimously. Item 5 Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Mallonee, and carried unanimously. Item 5a RESOLUTION NO. 147-93 RESOLUTION APPROVING THE REFUND OF $21, 774.37 OVERPAID ON ACCOUNT #0020- 537-0000 DUE TO COURT ORDERED DECREASE IN APPRAISAL. 393 Item 6 Minutes of the meetings of the following boards and commissions were received. a. Landmark Commission Board - August 25, 1993 b. Downtown Revitalization Committee - August 26, 1993 c. Lake Wichita Study Committee - September 7, 1993 ::1 d. Commission on Human Needs - September 13, 1993 e. Lake Wichita Study Committee - September 14, 1993 f. Wichita Falls Cable Advisory Committee - September 15, 1993 g. Wichita Falls Park Board - September 23, 1993 Item 7a ORDINANCE NO. 125-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING CHAPTER 11, SECTION 11-3 OF THE CODE OF ORDINANCES, REGULATING THE POLITICAL ACTIVITIES OF CIVIL SERVICE EMPLOYEES AND REPEALING SECTION 11- 8 OF THE CODE OF ORDINANCES THAT ASSESSES PENALTIES FOR NON-USE OF THIS ARTICLE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Moved by Councilor Martin that Ordinance No. 125-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins ::1 Nays: None Item 7b ORDINANCE NO. 126-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING CHAPTER 24, SECTION 24-21 OF THE CODE OF ORDINANCES CLASSIFYING THE NUMBER OF POSITIONS UNDER CIVIL SERVICE FOR POLICE OFFICERS IN THE CITY OF WICHITA FALLS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Moved by Councilor Hawkins that Ordinance No. 126-93 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. 127-93 ORDINANCE WAIVING SECTION 22-1 (a) (9) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND ALCOHOLIC BEVERAGES DURING A RUNNING EVENT OCTOBER 16, 1993 IN JAYCEE PARK. 394 Item 7c, cont'd. Moved by Councilor Hawkins that Ordinance NO. 127-93 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 7d ORDINANCE NO. 128-93 ORDINANCE WAIVING SECTION 22-1(a) ( 9) TO PERMIT SIGNS DURING AN ALZHEIMER ASSOCIATION EVENT OCTOBER 29, 1993 IN LUCY PARK. Moved by Councilor Thompson, that Ordinance No. 128-93 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 Item 7e ORDINANCE NO. 129-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS PRESCRIBING REGULATIONS FOR RATES CHARGED TO CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Mallonee that Ordinance No. 129-93 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 7f ORDINANCE NO. 130-93 ORDINANCE TO REPEAL SECTION 32-68 THROUGH AND INCLUDING SECTION 32-85 OF THE CODE OF ORDINANCES REGARDING THE EXTENSION OF WATER AND SEWER SERVICE, AND TO APPROVE AMENDED SECTIONS 32-68 THROUGH AND INCLUDING SECTION 32-85 Moved by Councilor Thompson that Ordinance No. 130-93 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. 395 Item 7f, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7g This item was withdrawn by Mr. Jim Berzina due to the fact that the fireworks display of the Tau Kappa Epsilon Fraternity was upgraded to a Class B, and a Class B action does not come before this body. Item 7h ORDINANCE NO. 131-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE NORTH SIDE OF WHITE STREET ADJACENT TO THE SOUTH LINE OF LOT 1, BLOCK 4, IRRIGATION SUBDIVISION AND THE SOUTH SIDE OF OLEN STREET ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 4, IRRIGATION SUBDIVISION Moved by Councilor Thompson that Ordinance No. 131-93 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 7i ORDINANCE NO. 132-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF WHITE STREET ADJACENT TO THE SOUTH LINE OF LOT 1, BLOCK 4, IRRIGATION SUBDIVISION AND THE SOUTH SIDE OF OLEN STREET ADJACENT TO THE NORTH LINE OF LOT 1 , BLOCK 4 , IRRIGATION SUBDIVISION Moved by Councilor Martin that Ordinance No. 132-93 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 7j ORDINANCE NO. 133-93 ORDINANCE APPROPRIATING FUNDS RECEIVED FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PLANNING ASSISTANCE FOR THE TRANSIT FUND Moved by Councilor Martin that Ordinance No. 133-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. i 396 Item 7j , cont 'd. i Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, �I Hughes, Martin, and Hawkins Nays: None - - - - - - - i Item 7k ORDINANCE NO. 134-93 I ORDINANCE TO REPEAL SECTION 10 (E) OF APPENDIX A (COMPREHENSIVE SUBDIVISION ORDINANCE) OF THE CODE OF ORDINANCES i Moved by Councilor Hughes that Ordinance No. 134-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. t { Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, i Hughes, Martin, and Hawkins Nays: None Item 71 ORDINANCE NO. 135-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING SECTION 5-48 OF THE CODE OF ORDINANCES TO PERMIT THE KEEPING OF POT BELLY PIGS WITHIN THE CORPORATE LIMITS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. i Moved by Councilor Hughes that Ordinance No. 135-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, I Hughes, Martin, and Hawkins Nays: None Item 8a A proposed resolution was presented authorizing the execution of a lease under original terms to Mr. Lewis M. Croom and Mrs. Estella J. Croom for lots at Lake Arrowhead. Moved by Councilor Thompson that proposed resolution be passed. Motion seconded by Mayor Lam. I Motion failed by the following vote. Ayes: Mayor Lam, Councilors Thompson and Hawkins Nays: Councilors Mallonee, Loughry, Hughes, and Martin 397 Item 8b RESOLUTION NO. 148-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH MERLIN E. RIDDLE AND NAOMA RIDDLE ACROSS PORTIONS OF A CERTAIN 7. 5 FOOT UTILITY EASEMENT LYING ON LOT 9, BLOCK 4, EDGECLIFF ESTATES, ( 1717 DOWNHILL DRIVE) , WICHITA FALLS, TEXAS, FOR THE HOUSE, AIR CONDITIONER, AND STORAGE BUILDINGS LOCATED IN SAID EASEMENT IN ACCORDANCE WITH THE ENCROACHMENT AGREEMENT; 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. 148-93 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 8c RESOLUTION NO. 149-93 RESOLUTION TO APPROVE CONTRACT WITH WILLIS, GRAVES AND ASSOCIATES, INC. FOR WATER AND SEWER COST-OF-SERVICE AND RATE STUDY Moved by Councilor Hughes that Resolution No. 149-93 be passed. Motion :seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Hughes, Martin, and Hawkins Nays: Councilor Loughry Item 9a RESOLUTION NO. 150-93 RESOLUTION TO ACCEPT CHLORINE DIOXIDE FACILITY AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO NORMAN R. BRATCHER, CONTRACTOR Moved by Councilor Hughes that Resolution No. 150-93 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 10a 1 . William C. Young, 1018 Widows Lane, expressed appreciation to the Council for holding the line on taxes. He requested that the distance between a residence and the bovine and equine population be addressed. Mayor Lam stated this would be addressed by the Council. 398 Item 10a, cont'd. 2. Vernon Beck, 6716 General Custer, presented dates that in his opinion reflected premature termination of his lake lot lease. He requested Council consider reinstating his lease at the original terms. Mayor Lam stated that this item would be addressed at the next council meeting. 3 . Tsu Lewis Kreidler, 4008 Birk, Edmond, Oklahoma, presented information regarding over-invoicing on lake lots owned by his parents, Neil F. and Asako L. Kreidler, 1211 Sheppard Road. He requested that this oversight be corrected. Mayor Lam stated that this item would be addressed at the next council meeting. 4. Dee Ann Martin, 2713 Taft, and Dan Shirey, 1201 Shoreline, Lakeside City, of the Lake Wichita Study Committee, presented committee concerns regarding channel cleanup. Mayor Lam stated that the council would take action on this matter at the next council meeting if the committee presented their request and proposal to Mr. Berzina at the appropriate time. Mrs. Martin will take the information to the Committee and : proceed as instructed by the Committee. Item 10b Councilor Loughry mentioned complaints he had received regarding keeping of horses on Lake Park Drive. He also mentioned complaints about cars speeding to and from Kell onto Baltimore Street. Councilor Martin asked about the progress on our Regional Landfill Study. He invited everyone to Lucy Park on Sunday, October 10 at 4: 00 p.m. to listen to the 17 piece German Band : which is comprised of members of the German Music Academy. Councilor Hawkins mentioned that Fire Prevention Week begins October 10. Councilor Thompson addressed the Dallas curfew status and its affect if struck down by the Appellate Court. Mayor Lam mentioned a complaint he had received on the recycling bin located on Sue Ann Street. Item 10c Mr. Berzina reminded Council of Wednesday, October 6, 1993 meeting at 8: 30 a.m. with Murphy Davis regarding refinancing of certain City debt in the Water-Sewer Fund and General Fund. The City Council recessed into executive session at 11: 01 a.m. according to Article 6252-17, Sec. 2(g) , V.A.C.S. The meeting reconvened at 12: 24 p.m. Item 10e Moved by Councilor Hughes that Mr. Sheryl N. Goss be appointed to serve on the Planning & Zoning Commission to fill the vacancy created by resignation of Sally Bradburn. Term expires May 31, 1994. Mr. Rex Hoey will serve as an alternate. Motion seconded by Councilor Thompson, and carried unanimously. Item 10f Moved by Councilor Hughes that Mr. Ken George be appointed to serve on the Zoning Board of Adjustment to fill the vacancy 399 Item 10f, cont'd. created by resignation of Scott Kennedy. Term expires December 31, 1993 . Dave Owen will serve as Alternate #1 and Charles A. Peters III as Alternate #2. Motion seconded by Councilor Thompson, and carried unanimously. Item lOg Moved by Councilor Hughes to reappoint Mr. G. W. Quick, Mr. George W. Spires, and Mr. Arthur F. Beyer to the Water Resources Commission. Terms will expire September 30, 1995. Motion seconded by Councilor Thompson, and carried unanimously. Item 10h Moved by Councilor Hughes to vacate the appointment of Dr. Tim Ashley, whose term expires December 31, 1994, on the Wichita Falls/Wichita County Public Health Board, and appoint Dr. Melvin Horany. This position requires a practicing physician, and Dr. Ashley is a veterinarian; therefore he does not qualify. Motion seconded by Councilor Mallonee, and carried unanimously. Item 10i Moved by Councilor Hughes that Mr. Mark A. Schobert and Ms. Laura Zarzour be appointed to the Commission on Human Needs to fill vacancies created by resignation of Mrs. Kattie Y. Edmonson and Mr. Robert Reynolds. Terms will expire December 31, 1994. Motion seconded by Councilor Hawkins, and carried unanimously. Item 10i Moved by Councilor Hughes to confirm the appointment of Ben Valadez to the Firefighters and Police Officers Civil Service Commission. Motion seconded by Councilor Martin, and carried unanimously. The City Council adjourned at 12 : 30 p.m. PASSED AND APPROVED this 1 zi day of 1993 . Michael La In, Mayor ATTEST: "-h CMa Torres Clerk