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Min 06/15/1993 311 Wichita Falls, Texas Memorial Auditorium Building June 15, 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 Bill Sullivan - Assistant City Attorney Wilma J. Thomas - City Clerk Gregory Humbach - Absent The invocation was given by John Ward, Country Chapel. Walter Tedford and Gary Hill presented Oil Bowl tickets to the Council and other staff members. Boy Scouts from Camp Perkins were recognized by Mayor Lam. Item 3 Moved by Councilor Thompson that minutes of the meeting held June 1 , 1993 , be approved. Motion seconded by Councilor Martin, and carried unanimously. Items 4a-6c Moved by Councilor Mallonee that the consent agenda be approved. 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 4a RESOLUTION NO. 79-93 RESOLUTION TO AWARD BIDS FOR ANNUAL SUPPLY OF METER BOXES AND ADDITIONAL METER BOX LIDS Item 5a RESOLUTION NO. 80-93 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE REROOFING OF THE MUNICIPAL COURT BUILDING AND FIRE STATION NO. 7 PROJECT 312 Item 5b RESOLUTION NO. 81-93 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE MUNICIPAL AIRPORT REROOFING PROJECT Item 6 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - May 5 , 1993 b. Lake Wichita Study Committee - May 25 , 1993 c. Arts Commission - June 8, 1993 Item 7b A public hearing was opened on hazardous structures. Buddy Henderson, 1901 9th Street, stated he could not afford to demolish this property. Jim King stated that Mr. Henderson was previously allowed six months to demolish it. He noted complaints he had received on it. Water accumulation is a problem, along with debris falling off the building. Eddie Powers, 1907 9th Street, stated his hamburger business is only about six inches from this property. The whole roof of that building came off onto his building. He stated he and his wife borrowed money to take down a two story building when told to do so by Code Enforcement, and feels Mr. Henderson can do the same. He further stated there are some gas tanks which have not yet been taken out, citing those dangers concerning a man working on lawn mowers and smoking at the same time. The property condition was reviewed on the monitor. Mayor Lam noted there seems to be no intent to improve the property, and the owner should proceed with demolition. A lien can be placed on the property if the City has to demolish it. Mr. Henderson stated that banks will not loan money on property that has underground storage tanks. Mr. Berzina stated they would want to bring any information back to the Council on problems with the tank. Councilor Martin expressed concern that this is right: next to a food establishment. Dave Davis, attorney, appeared regarding the property at 905 17th Street. He stated that he and Mr. Gaebler had someone lined up to do this work three weeks ago, but couldn' t because of the rain, and they will be working on it as soon as possible. The Council was in agreement to an extension. No action has been taken by the owners at 407 Jalonic. The structure has been vacant about a year. ORDINANCE NO. 65-93 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY ( 30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilor Thompson that Ordinance No. 65-93 be passed, and giving more time to the owner at 905 17th Street. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 313 Item 7a A public hearing was opened on CDBG Funds. The Chairman of the telemarketing firm of Telequest requested funds for planning and training of 70 workers to be located in the enterprise zone. This company focuses on large Fortune 500 companies. They are looking at moving into Wichita Falls for an employment base. They need help in training dollars. Ron Mertens, BCI, explained funding methods. When an employee is already on staff JTPA funds could be used for training. Mr. Berzina noted this is different to the normal telemarketing operation. Mr. Mertens noted that 51 percent of the hires must come from low income level persons. The Chairman stated their wages would be from $7.00 to $11. 00 per hour. Mayor Lam noted employment opportunities for dependents and spouses, citing expansions of Sheppard Air Force Base, and also the prison. Mike Thorn and Scott Wilcox were recognized as part of this firm. RESOLUTION NO. 82-93 RESOLUTION APPROVING AMENDMENT OF PREVIOUSLY APPROVED FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. Moved by Councilor Hughes that Resolution No. 82-93 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 Dave Clark explained the public hearing process, stating this will be brought back to the Council. The public hearing was closed. Item 8a ORDINANCE NO. 66-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF FM 1634, ADJACENT TO THE WEST LINE OF LOT 13 , UNIT 34, WICHITA VALLEY FARMS Moved by Councilor Hughes that Ordinance No. 66-93 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 ORDINANCE NO. 67-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE WEST LINE OF LOT 13 , UNIT 34, WICHITA VALLEY FARMS Moved by Councilor Mallonee that Ordinance No. 67-93 be ipassed. 314 Item 8b, cont'd. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8c ORDINANCE NO. 68-93 AN ORDINANCE AMENDING ORDINANCE 160-83 ADOPTING THE STANDARD MECHANICAL CODE, 1991 EDITION, AS REVISED IN 1992 & 1993 , WITH CERTAIN AMENDMENTS AND DELETIONS. ORDINANCE NO. 69-93 AN ORDINANCE AMENDING APPENDIX B, ARTICLE II, PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS; ADOPTING THE STANDARD GAS CODE, 1991 EDITION, AS REVISED IN 1992 & 1993 WITH CERTAIN AMENDMENTS AND DELETIONS ORDINANCE NO. 70-93 AN ORDINANCE AMENDING APPENDIX B, ARTICLE I , PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS; ADOPTING THE STANDARD PLUMBING CODE, 1991 EDITION, AS REVISED IN 1992-1993 , WITH CERTAIN AMENDMENTS AND DELETIONS. Moved by Councilor Hughes that Ordinance Nos. 68-93 , 69-93 , and 70-93 , be passed. Motion seconded by Councilor Thompson. It was explained that these changes were made to comply with new state and federal regulations. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8d ORDINANCE NO. 71-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF HUNTINGTON, ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 1 , MOORE SUBDIVISION, WICHITA COUNTY, TEXAS Moved by Councilor Mallonee that Ordinance No. 71-93 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 315 Item 8e ORDINANCE NO. 72-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF HUNTINGTON LANE, ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 1, WEST JOHN THOMAS ADDITION Moved by Councilor Martin that Ordinance No. 72-93 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 8f ORDINANCE NO. 73-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE SOUTH LINE OF LOT 1-A, BLOCK 72 , FAITH VILLAGE, UNIT II Moved by Councilor Thompson that Ordinance No. 73-93 be passed. Motion seconded by Councilor Hughes. Councilor Hawkins noted this is paved. Mr. Bonnett stated it is a waiver for a sidewalk. They do not yet know about the building plan. They will be seeing plans later. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Martin Nays: Councilor Hawkins Item 8g ORDINANCE NO. 74-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF WELLINGTON LANE, ADJACENT TO THE EAST LINE OF LOT 2, BLOCK 1, WESTRIDGE ESTATES Moved b Councilor Hughes that Ordinance No. 74-93 be Y g 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 316 Item 8h ORDINANCE NO. 75-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING SECTION 29-44 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO ALLOW U- TURNS UNLESS PROHIBITED; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Moved by Councilor Martin that Ordinance No. 75-93 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 Item 8i ORDINANCE NO. 76-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING ORDINANCE NO. 21-93 TO DELETE FROM SUCH ORDINANCE THE STRUCTURES LOCATED AT 1111 TAYLOR, LOT 10, BLOCK 37, FLORAL HEIGHTS ADDITION; 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. 76-93 be passed. Motion seconded by Councilor Hawkins. Jerry McCarley, 1111 Taylor, appeared with Bob Gordon, the purchaser of this property. Mr. Gordon noted many improvements he has already made. Councilor Martin commented that this is an example of the Council working with people if they are trying to comply. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9a RESOLUTION NO. 83-93 RESOLUTION REVERSING THE DISAPPROVAL OF A CONDITIONAL USE PERMIT APPLICATION FOR A CARPORT AT 3214 CAROL ANN, WICHITA FALLS, TEXAS, AND GRANTING THE PERMIT (C 93-17) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hawkins that Resolution No. 83-93 be passed. Motion seconded by Councilor Martin. James Ash, Route 3 , Wichita Falls, appeared for his wife' s grandmother, who moved to 3214 Carol Ann from the MPEC area. He stated there is a garage in the back, but she does not feel easy 317 Item 9a, cont 'd. about getting out back there. The next door neighbor has a carport. He also presented a petition from the neighbors. Dave Clark stated that Planning and Zoning reviewed this request in regard to the ordinance requirements. The Planning Commission minutes reflect concern that there is a garage in the back, and all-weather access to it. The motion carried by the following vote. Ayes: Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: Mayor Lam and Councilor Hughes Item 9b RESOLUTION NO. 84-93 RESOLUTION AUTHORIZING THE WICHITA FALLS POLICE DEPARTMENT TO PURCHASE SOME SPECIALIZED POLICE EQUIPMENT FROM SEIZED CONFISCATED FUNDS Moved by Councilor Thompson that Resolution No. 84-93 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 9c RESOLUTION NO. 85-93 RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON TAX ACCOUNTS # 5900-000-6191 & 5900-000-0653 Moved by Councilor Hughes that Resolution No. 85-93 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 9d RESOLUTION NO. 86-93 RESOLUTION APPROVING THE PROPOSED BUDGET FOR THE NORTEX 9-1-1 COMMUNICATIONS DISTRICT FOR THE PERIOD FROM OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994 Moved by Councilor Martin that Resolution No. 86-93 be passed. Motion seconded by Councilor Mallonee. Gary Young, Executive Director of NORTEX 9-1-1 Communications District, stated that this budget is approximately $25,000 less this year than last year. Discussion was held on various parts of the budget, with some council 318 Item 9d, cont'd. members being critical of five (5) percent salary increases for the four employees of 9-1-1 , when the City pays the salary of those who answer the calls, stating that the City of Wichita Falls carries the brunt of this operation, and the City only gave its employees a one ( 1) percent increase last year. It was suggested that he cut back on this. Mayor Lam raised the question of the Board of Managers of 9-1-1 perpetuating themselves under the state law. He noted that if their appointee is not accepted by others, then he is turned back. It was also suggested to Mr. Young that he make sure he is in line with all cities on salary increases. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Hughes, and Martin Nays: Councilors Loughry and Hawkins Item 10a RESOLUTION NO. 87-93 RESOLUTION TO AWARD BIDS FOR GRAZING LEASES AT LAKE ARROWHEAD Moved by, Councilor Thompson that Resolution No. 87-93 be passed. Motion seconded by Councilor Hughes. Following a question from Councilor Loughry about the fencing, the motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes , Martin, and Hawkins Nays: None Item 10b Moved by Councilor Hughes that the bid for an underground storage tank monitoring system be awarded to Jim Marshall Construction, Inc. , in the amount of $53 ,000. Motion seconded by Councilor Martin, and carried unanimously. Item 10c RESOLUTION NO. 88-93 RESOLUTION FOR THE AWARD OF CONTRACT TO ZACK BURKETT CO. FOR THE CDBG 1993 MILL & OVERLAY PROJECT Moved by Councilor Mallonee that Resolution No. 88-93 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 319 Item lla Mrs. Meuller, 1908 East Fort Worth Street, expressed concerns about the grease plant to be built behind her home, noting they already have a rodent problem in this area. Dave Clark noted he is not familiar with that project, but would check on it. Tommy and Carol Henderson appeared regarding personal property at Lake Arrowhead on which they had sold, but carried a lien on. The City does not have a lease with the Hendersons ' , but did have a lease with the party they sold it to. Mr. Berzina explained that the City' s lease had nothing to do with ltheir lien on the improvements. Councilors Thompson and Hawkins desired to study it for another two weeks, and seek legal advise and staff input. Councilor Hawkins stated if they decided to lease the property to them, it would need to be on the new lease guidelines. Tommy Crooks, 18 Oxley Drive, appeared before the Council regarding street repair and lighting on Oxley, construction of Highway 369, MPEC project, Lake Wichita, the Sears Building, Kickapoo Airport, police morale, 9-1-1, and the 4-10 plan. Mr. ' Berzina suggested that she come back and visit with the department people, and get correct information. He stated he ' would be glad to assist her. Item llb Councilor Thompson commented on the telemarketing firm downtown being indicative of a good climate. He also noted that Dave Clark will be holding public hearings next week on East side revitalization. He commented on the celebration of June 19 idowntown and in Williams Park. it Councilor Hawkins noted the Oil Bowl parade on June 19. ! Robert Parker explained to him that the certifications at the , airport are with FAA for approval. Councilor Hawkins asked for I, a copy of the lease providing fire protection with Sheppard. Councilor Hughes asked Mr. Bonnett to check on light repair on Oxley, and Robert Parker stated it has already been done. He also noted that CDBG hearings will be advertised, and held at the next meeting. Councilor Loughry noted property in Belair North of Big Bend where weeds are growing. He also mentioned MPEC figures. Mayor Lam reminded everyone to participate in the Oil Bowl activities. Mayor Lam read a portion of a letter from the President of the International Institute of Municipal Clerks, recognizing City Clerk Wilma Thomas for achieving Life Membership in the IIMC Academy for Advanced Education, stating she is the eighth (8th) Municipal Clerk to reach this goal (there are 10,000 plus members of IIMC) . He congratulated Mrs. Thomas for this honor. 320 Item llc Mr. Berzina mentioned a generator for 9-1-1 operation, and Councilor Hawkins suggested that 9-1-1 pay for it. Mr. Bonnett mentioned a blow-out in a water line from Lake Arrowhead, stating it will take about thirty hours to repair. Mr. Berzina commented on the Kickapoo Airport study, stating he has seen no real drive on anyone' s part to buy an airport. These gentlemen sitting here have only looked at a study to find out the possibilities of ownership. He feels studying the matter is the right thing for the Council to do. There have not been any behind-the-door decisions made. Mayor Lam expressed the appreciation of the Council for Mr. Berzina' s remarks. - - - - - - - AW Item lld The City, Council recessed into executive session at 11: 03 a.m. , according to Article 6252-17, Section 2 (g) , V.A.C.S. The meeting reconvened at 11: 44 a.m. Item lle Moved by Councilor Hughes that R. J. Wachsman and Joe Johnson be appointed to the Planning and Zoning Commission (replacing Harold Blow and Tommy Hammond) , for terms to expire May 31, 1996. Motion seconded by Councilor Hawkins, and carried unanimously. Item llf Moved by Councilor Hughes that Perry Cox and Marvin Groves be appointed to the Board of Electrical Examiners for terms to expire May 31. , 1995. Motion seconded by Councilor Thompson, and carried unanimously. More applications are needed for this board. Item llg Moved by Councilor Hughes that Cindy Butemeyer and Marguerite Payne be appointed to the Housing Authority Board for terms to expire July 1, 1995. (Replaces Randy Holley and Ewell Cason. ) Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Hughes that Marty Martinez be reappointed to the Housing Authority Board for a term to expire July 1, 1995., Motion seconded by Councilor Mallonee, and carried unanimously. Item llh More applications are needed for the Library Advisory Board. 321 Item 11h, cont'd. Moved by Councilor Hughes that Carrie Hadley be reappointed to the Library Advisory Board for a term to expire June 30, 1996. Motion seconded by Councilor Martin, and carried unanimously. The City Council adjournedat 11 : 46 a.m. PASSED AND APPROVED this �//` k— day of -u 1993 . Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk