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Min 08/17/1993 357 Wichita Falls, Texas Memorial Auditorium Building August 17, 1993 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 - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Isaac Butterworth, First Presbyterian Church. A proclamation was presented on Pet Overpopulation Week. Item 3 Moved by Councilor Hughes that minutes of the meeting held August 3 , 1993 , be approved. Motion seconded by Councilor Martin, and carried unanimously. Item 4 Items 4b and 4d were moved to the regular agenda. Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Martin, and carried unanimously. Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - June 2 , 1993 c. Lake Wichita Study Committee - July 27, 1993 e. Commission on Human Needs - August 2 , 1993 Item 4b Moved by Councilor Martin that minutes of the meeting of the Zoning Board of Adjustment held July 21, 1993 , be received. Motion seconded by Councilor Hughes. Councilor Hawkins noted that Paul Hughes is the liaison on this board. The motion, with correction noted, carried unanimously. 358 Item 4d Moved by Councilor Hughes that minutes of the meeting of the Employee Benefits Trust be received. Motion seconded by Councilor Thompson. Councilor Hawkins inquired into the legality of the amendment mentioned, and Mr. Humbach replied that the state insurance commissioner has given him an answer, and he is satisfied that it is legal. Mrs. Stricklin answered the questions of Councilor Martin regarding worker ' s compensation for on the job injuries. She also responded to the question of Councilor Loughry concerning the effective date of the new insurance rate. Mr. Berzina also confirmed that the money is needed now. The motion carried unanimously. s Item 5a The final public hearing was opened on the proposed use of funds for the 1993-94 CDBG program. David Clark read the list of projects which will be covered by $1,805, 040. He stated each agency received a notification of their own individual request. Mary Ward, of the Womens ' Y, stated they had requested funds in the amount of $128,000 for various handicapped services, and would appreciate their reconsideration of it. Geraldine Coppage, 4600 Taft, stated she goes to the Y for water exercise, which has helped her. Jim Chalfant, 6703 Geronimo, read a letter from Imogene Moon, who goes to the Y for arthritis water exercise. Hank Grieb, 4724 Tammy Drive, stated he is Chairman of Christmas in April and was here to answer any questions, stating he planned to use the money for roofing materials. The public hearing was closed. Item 6a A proposed ordinance was presented amending Chapter 15, Article I of the Code of Ordinances, in the regulation of fireworks. A motion was made by Councilor Thompson, and seconded by Councilor Hughes, for its passage. Moved by Mayor Lam that this item be delayed until the next council meeting to allow people who represent the fireworks industry to be present to give their input. Motion seconded by Councilor Hawkins, and carried unanimously. Item 6b ORDINANCE NO. 98-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF CARTWRIGHT ROAD, ADJACENT TO THE WEST LINE OF LOT 9-A, BLOCK 3 , RANCH ESTATES Moved by Councilor Martin that Ordinance No. 98-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. 359 Item 6b, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 6c ORDINANCE NO. 99-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE EAST SIDE OF CARTWRIGHT ROAD ADJACENT TO THE WEST LINE OF LOT 9-A, BLOCK 3 , RANCH ESTATES Moved by Councilor Hughes that Ordinance No. 99-93 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 6d A proposed ordinance was presented waiving Section 27-29 of the Code of Ordinances with respect to placing a sidewalk along the West line of Summerfield Estates, Unit 5-A. A motion was made by Councilor Martin, and seconded by Councilor Hughes for its passage. David Clark explained that this area is really being developed. This is a high intensity land use. Discussions were held on this, and the staff recommends denial. The houses do not front on the main road. Councilor Hughes noted that the City will have to pay for sidewalks at a later date at higher construction costs unless we do something about it. The motion failed by the following vote. Ayes: Mayor Lam and Councilor Loughry Nays: Councilors Mallonee, Thompson, Hughes, Martin, and Hawkins Item 6e A proposed ordinance was presented waiving Section 27-29 of the Code of Ordinances with respect to placing a sidewalk along the East line of Hill and Hill Heights, Section One, Unit Two. A motion was made by Councilor Martin, and seconded by Councilor Hughes, for its passage. Mr. Bonnett stated there are only two lots, plus the right-of-way. The motion failed by the following vote. Ayes: Mayor Lam and Councilor Loughry Nays: Councilors Mallonee, Thompson, Hughes, Martin, and Hawkins Item 6f ORDINANCE NO. 100-93 ORDINANCE APPROPRIATING $2, 500 . 00 IN HOTEL/MOTEL FUNDS FOR THE RENTAL OF A SECURITY FENCE TO BE USED AT THE ACTIVITIES CENTER DURING THE COUNTY FAIR Moved by Councilor Thompson that Ordinance No. 100-93 be passed. 360 Item 6f, cont'd. Motion seconded by Councilor Mallonee. Jim Martin, 2628 Amherst, President of the Founders Lions Club, supported this use of funds. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7a RESOLUTION NO. 118-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ; WICHITA FALLS AUTHORIZING THE CITY ATTORNEY TO FILE THE "FRANCHISE AUTHORITY CERTIFICATION FORM" WITH THE FEDERAL COMMUNICATIONS COMMISSION, REQUESTING CERTIFICATION TO REGULATE BASIC CABLE SERVICE RATES; 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. 118-93 be passed. Motion seconded by Councilor Mallonee. Mr. Humbach responded to questions posed by Councilor Hawkins, stating that the franchise is in conflict with the Cable Act. This will allow us to have some say in pricing. There is a formula which is applied. Once we are certified, the company has to ask the governing body for approval of the rates. They hope to negotiate a franchise this year, and perhaps the rates may go down. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7b RESOLUTION NO. 119-93 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE HUMANE SOCIETY OF WICHITA COUNTY FOR CERTAIN ANIMAL CONTROL SERVICES Moved by Councilor Hughes that Resolution No. 119-93 be passed. Motion seconded by Councilor Mallonee. Councilor Hawkins noted the rate increase of 13 . 366 percent ' in the Humane Society contract, and a proposed increase of five ( 5 ) percent for City employees. Mr. Berzina explained this is a five-year contract, and they feel it is a good way to go. Tom Edmonson stated he feels very comfortable with this, and is a good deal for the City. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, _and Hawkins Nays: None 361 Item 7c RESOLUTION NO. 120-93 RESOLUTION APPROVING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 1993-1994 FISCAL YEAR GRANT AGREEMENT Moved by Councilor Martin that Resolution No. 120-93 be passed. Motion seconded by Councilor Hughes. Mr. Berzina noted the allocation for parks. Councilor Hughes mentioned requests the committee received, stating they wished they had had more money to work with. There were many capital improvements projects, and the money was just not there. The committee has recommended that they stay in tune with past and on-going projects, and hopefully they may be able to put pressure on the federal government. He and Councilors Loughry and Hawkins served on the committee. Councilor Mallonee asked who makes decisions on housing, and Mr. Clark stated it is operated by the City, but they have to follow the regulations provided. Fannin Park was mentioned. Mr. Berzina commented that he has not been in touch with the school system, but stated it is strictly a school playground. Councilor Hawkins favored cooperation with the school. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7d RESOLUTION NO. 121-93 RESOLUTION APPROVING THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES FOR PERMIT MODIFICATION FOR THE MUNICIPAL SOLID WASTE LANDFILL Moved by Councilor Martin that Resolution No. 121-93 be passed. Motion seconded by Councilor Hughes. A lengthy explanation of Subtitle D requirements was presented by Mr. Bonnett. He stated the law was passed in October 1992, to take effect in October 1993 . It is self- implementing. They are being held accountable for a set of rules they really don' t have yet. They have to design and construct a contaminated water facility, along with runoff facilities to control the runoff. He stated that documentation for permit modification and permit amendment is consistent with a brand new plant. Congress is who put these rates in effect. We are going to have to communicate very forcefully and effectively with members of Congress. Mr. Bonnett stated that Texas Water Commission rules specifically exclude the operator' s staff from doing any work or inspections. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8a RESOLUTION NO. 122-93 RESOLUTION AWARDING CONTRACT FOR PURCHASE OF FLOWERS FOR PARKS AND MEDIANS 362 Item 8a, cont'd. Moved by Councilor Hughes that Resolution No. 122-93 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 8b Moved by Councilor Hughes that the bid for Phase I removal _ and disposal of demolition debris at the MPEC site be awarded to B. W. Strayhorn Company in the amount of $11,940. 00. Motion seconded by Councilor Thompson. Jim King, Code Enforcement, stated that Mr. Strayhorn has assured them that his bid is as stated, and they are very comfortable with it. The motion carried unanimously. Item 9a Mary Pliska, 3314 Sherwood, and Don Murray, 3310 Sherwood, stated they do not want the alley behind them paved. They submitted a petition to close the alley. It backs up to Kemp Boulevard, and they have experienced unwanted activities. Mr. Humbach addressed the procedure for closing an alley, stating it would be divided between people on each side of the alley. The value of the easement must be sold. Mayor Lam noted their request. She stated that not closing the alley or easement would be preferable to paving it. Councilor Hughes stated they cannot force the property owners to put up a fence. Michelle Hunsaker, 1611 Cimarron, appeared regarding her potbellied pigs. Mayor Lam requested that Tom Edmonson do some research on it. Mr. Edmonson stated they have received some ordinances from TML, and they will have to determine if they are swine or a pet. Mayor Lam noted that swine is presently not allowed in the City. Councilor Hawkins also mentioned deed restrictions which would prohibit swine. La Juana McShan, Route 3 , stated she raises and breeds potbellied pigs as a domesticated pet. Item 9b Councilor Thompson commended Chief Harrelson and the police department for the arrests on the Roosevelt Hamilton murder. ` Councilor Hughes inquired if anyone in the present situation of the fireworks ordinance would be grandfathered for that location. Mr. Humbach explained there is some discussion on amortization, and the ordinance will probably come back in a different version. Fire Chief James stated they felt it would be safer to move stands farther back because of fires being started in the city limits. Fireworks are injuring and killing people. There were fourteen ( 14) injuries on July 4, and two went to Parkland Burn Center. He emphasized that it is a very hazardous situation with an explosive in a child' s hand. Mr. Berzina commented that by moving it out to 1000 feet you cut 363 Item 9b, cont 'd. down on the numbers of fireworks brought into the city. Mr. Humbach stated we are not required to grandfather. This comes ' under the police powers of the city. Councilor Martin inquired about an alley speed limit in the city, and Robert Parker stated it is 15 miles per hour. Councilor Martin felt they needed to take a look at this. Councilor Martin also mentioned Trinidad Street needs to be resurfaced. Load limits were also mentioned, and he stated some large commercial trucks are using this street. Mr. Bonnett noted that a load limit would take an ordinance. Councilor Loughry noted that lights are staying on in Jaycee Park. Jack Murphy stated we don' t turn them on. They are not on automatic dimmers. For the baseball fields it is the responsibility of the Y to turn them off. Item 9c Mr. Berzina handed out reports on Subtitle D Regulations and on the Falls lighting, weed violations, etc. He stated Lawrence Road between Kell and Callfield will be reconstructed. Mr. Bonnett addressed the mill and overlay program which will be used for the two center lanes, which will hold for the next two years. Fred Werner mentioned a delinquent tax statement sent in the mailer. He believes the Tax Department did not make a mistake. The mailer is sealed. He also mentioned another isituation that dealt with a senior citizen quarterly payment. Mr. Berzina stated he told both of these persons they would not recommend approval, but they told them they would report it to the Council. Mr. Werner stated they send a delinquent statement several times in the spring. They did receive a document between February and May. Taxes are due January 31. They send out a delinquent notice to all delinquent taxpayers in March, April, and May. Chief Harrelson congratulated the police motorcycle unit. In Amarillo recently they came back with most of the top ten awards. They had the most outstanding individual and team. The City Council adjourned at 10: 36 a.m. and went into the budget overview at 11: 00 a.m. PASSED AND APPROVED this 7 7�(day of 1993 . Michael L m, Mayor ATTEST: :'t I�14,-"�,-/,k-, Wilma J. Thomas, TRMC/CMC/AAE City Clerk