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Min 06/01/1993 302 Wichita Falls, Texas Memorial Auditorium Building June 1, 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 Councilor Thompson. Item 3a Don Foster, Building Maintenance, was honored as Employee of the Month for June. Mayor Lam presented him with a plaque, City of Wichita Falls pin, bus ticket, check, and tickets to a dinner. Item 4 Moved by Councilor Mallonee that minutes of the meeting held May 18 , 1993 , be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 5a-6b Moved by Councilor Hughes that the consent agenda be approved. 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 5a RESOLUTION NO. 72-93 RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON TAX ACCOUNT # 3720-009-0100. Item 5b RESOLUTION NO. 73-93 RESOLUTION AUTHORIZING CITY MANAGER TO ACCEPT THE NORTH TEXAS REGIONAL NARCOTICS TASK FORCE/4 GRANT AWARD 303 Item 6 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners - May 13 , 1993 b. Commission on Human Needs - May 3 , 1993 Item 7a ORDINANCE NO. 55-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG SOUTH, EAST, AND WEST LINES OF LOT 1, BLOCK 7, CHEROKEE COUNTY SCHOOL LANDS , Moved by Councilor Thompson that Ordinance No. 55-93 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 7b ORDINANCE NO. 56-93 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME. Moved By Councilor Thompson that Ordinance No. 56-93 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 7c ORDINANCE NO. 57-93 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE CRIMINAL JUSTICE DIVISION, GOVERNOR' S OFFICE AND MATCHING GRANT REVENUE FROM OTHER GOVERNMENTAL ENTITIES FOR PURPOSES OF DRUG ENFORCEMENT Moved by Councilor Hawkins that Ordinance No. 57-93 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 304 Item 7d ORDINANCE NO. 58-93 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE TEMPORARY ON-PREMISE SALE OF LIQUOR AND BEER, PURSUANT TO SECTION 5420( 5 ) OF THE ZONING ORDINANCE FOR THE "RAJIN' CAJUN EVENING; " FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hughes that Ordinance No. 58-93 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 7e ORDINANCE NO. 59-93 AN ORDINANCE REZONING 5. 29 ACRES OUT OF BLOCK 16, KEMP AND NEWBY SUBDIVISION, ( 2017 MCKINNEY ROAD) , WICHITA FALLS, TEXAS, FROM HEAVY COMMERCIAL (HC) TO RESIDENTIAL MIXED USE (RMU) . (CASE R-93-03 ) Moved by Councilor Hughes that Ordinance No. 59-93 be passed. Motion seconded by Councilor Martin. Councilor Loughry asked questions about changing back to residential from heavy commercial. David Clark explained that it requires a conditional use permit. It is not currently being used as heavy commercial. It is a five acre tract, and is recommended by staff and the Planning Commission. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7f ORDINANCE NO. 60-93 AN ORDINANCE REZONING A 90 ' X 100 ' TRACT AND ADJACENT CLOSED BRICK ST. , BLOCK 1, BATESON ADD. ( 312 BARWISE ST. ) ; BLOCK A & ALLEY SOUTH OF RR ROW, GRANGER AND BALLOW ADD (101 PARK ST. ) ; LOT 13 , 14 , & N 1/2 OF 15, BLOCK B, GRANGER AND BALLOW ADD. (104-109 PARK ST. ) ; LOTS 1-5, BLOCK B & CLOSED BARWISE ST. , BARWISE AND JALONICK ADD. ( 300 BARWISE ST. ) ; LOTS 1-5, & W 1/2 OF ADJACENT CLOSED STREET, BLOCK 11, BARWISE AND JALONICK ADDITION ADD. (208 VIRGINIA AVE. ) ; LOTS 1-5 & E 1/2 OF ADJACENT AND CLOSED ST. , BLOCK 12, BARWISE AND JALONICK ADD. ( 405 PECAN ST. ) , WICHITA FALLS, TEXAS, FROM HEAVY INDUSTRIAL (HI) , TO HEAVY COMMERCIAL (HC) . (CASE R-93-03 ) Moved by Mayor Lam that Ordinance No. 60-93 be passed. Motion seconded by Councilor Hughes. 305 Item 7f, cont'd. Don Campagna, 4417 Montego, stated there is a question about the recycling materials. It was disapproved by the Planning and Zoning Commission. He explained how he had been operating, and where he disposed of the materials. Councilor Thompson agreed with the decision of the Planning and Zoning Commission that this land could be exploited for bars, etc. Mr. Humbach noted that contract zoning is illegal. Councilor Hawkins stated he would hate to disallow this man the best use of the land. Runoff from this area was also discussed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, �- Martin, and Hawkins Nays: Councilor Thompson Item 7g ORDINANCE NO. 61-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING SECTION 15 1/2-28. OF THE CODE OF ORDINANCES REFERRED TO AS THE FLOOD DAMAGE PREVENTION ORDINANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 61-93 be passed. Motion seconded by Councilor Thompson. David Clark noted updates of the new floodplain maps. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7h ORDINANCE NO. 62-93 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 DITTO LANE AND JACKSBORO HWY. ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 7, CHEROKEE COUNTY SCHOOL LANDS Moved by Councilor Thompson that Ordinance No. 62-93 be passed. Motion seconded by Councilor Hughes. The drainage of this area was discussed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 306 Item 7i ORDINANCE NO. 63-93 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING SECTION 20-23 OF THE CODE OF ORDINANCES TO REWORD CERTAIN SITUATIONS OR CONDITION, AND ADDING ADDITIONAL CONDITIONS OR SITUATIONS REGARDING SEXUALLY ORIENTED BUSINESS; INCREASING THE PENALTY FOR VIOLATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING 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. 63-93 be passed. Motion seconded by Councilor Hughes. David Clark noted the purpose of this ordinance is to update existing regulations regarding sexually oriented businesses to cover areas not addressed under the current ordinance. These businesses are included in heavy commercial areas, and this ordinance expands these definitions. Mr. Humbach explained that bookstores did not cover other commodities, and this ordinance will cover what they believe would be objectional sexually oriented businesses. Definitions have been changed. Councilor Loughry stated he would like the staff to review and update many of our ordinances, and Mr. Berzina explained this was done about three years ago, and they will continue to do so. Councilor Hawkins had a question about a playboy channel being installed in a hotel. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7j ORDINANCE NO. 64-93 ORDINANCE AMENDING APPENDIX C, SECTION 4220 (D. ) OF THE WICHITA FALLS CODE OF ORDINANCES TO ALLOW IN- GROUND SWIMMING POOLS TO LOCATE WITHIN ANY REAR OR SIDE SETBACK AREAS; 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. 64-93 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 8a RESOLUTION NO. 74-93 RESOLUTION URGING THE TEXAS TURNPIKE AUTHORITY TO CONDUCT A FEASIBILITY ANALYSIS TO DETERMINE THE MERITS OF BUILDING A BORDER-TO-BORDER HIGHWAY CONNECTING WICHITA FALLS TO LAREDO 307 Item 8a, cont'd. Moved by Councilor Hughes that Resolution No. 74-93 be passed. Motion seconded by Councilor Hawkins. Councilor Martin supported this direct route, stating they are trying to tie all military bases into this system. Councilor Hawkins also agreed that we need to get started with this now. It was noted that the Councils of Government will also be involved. Mayor Lam commented that he and Mr. Berzina met with the Texas Turnpike Authority in Abilene, and other meetings will be held. At this point they do not know what funding will be needed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8b RESOLUTION NO. 75-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO JEFF AND THERESA CHAPPELL, CONVEYING A PORTION OF A UTILITY EASEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. RESOLUTION NO. 76-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE ENCROACHMENT INTO A UTILITY EASEMENT AT THE REAR OF LOT 29, REPLAT OF PART OF BLOCK 7, MCKENZIE SUBDIVISION IN THE CITY OF WICHITA FALLS, TEXAS; 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 Nos. 75-93 and 76-93 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 9a RESOLUTION NO. 77-93 RESOLUTION FOR THE AWARD OF CONTRACT TO McGRATH BROTHERS CONCRETE FOR THE 1993 ALLEY REHABILITATION PROJECT Moved by Councilor Hughes that Resolution No. 77-93 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 308 Item 9b RESOLUTION NO. 78-93 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE LAKE ARROWHEAD SEAL COAT PROGRAM PHASE I Moved by Councilor Hughes that Resolution No. 78-93 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 10a Jerry McCarley stated his rental property at 1111 Taylor was burned by an arsonist. It required extensive investigation by the Fire and Police Departments, and also the insurance company. This is the reason it has taken so long to dispose of this property. The Council has given a demolition order on this property. He has taken out a demolition permit. He stated that Bob Gordon wants to purchase this property for $25,000, with a $500 deposit. He has until June 7 to get this done, and requested more time. Mayor Lam noted that the Building Inspection Department has approved his plan to rebuild on this property and he would like to give him more time. Mr. McCarley explained that he does not plan to rebuild, but the new owner does. He plans to continue demolition. Mr. Humbach suggested that the Planning Department bring back a recommendation deleting this property from the previous ordinance. Item 10b Councilor Loughry noted items of concern pertaining to left turns going the wrong way in the vicinity of llth to Broad, in the Brook Street area; 1103 Monroe needs to be cleaned up; bids from auctioneers, MPEC area using front end loaders and dump trucks by City, and actual cost of salaries and benefits. Mr. Berzina explained there will be City and County crews on this site at various times. Some of it will be paid from the City, and some from the County, and further stated that the City will also be in a position of being greatly enhanced by this project. Councilor Loughry stated he also would like to see a report on how the City solved the theft, and how much was taken. He also wanted to know other locations where cash is taken, and how much. Councilor Martin mentioned pushing down trees in the MPEC area, and Mr. Berzina stated they are trying to save every tree possible until the architects give them other direction. Mayor Lam noted they want to protect the trees. Councilor Martin commended Norma Crane and her staff on lighting of the flame, and also noted flag displays in the neighborhoods on Memorial Day. Councilor Hughes commented on the dollars spent in the MPEC area, stating that much of this work will be done by the City. He also commented on the cost for extra work involved when a 309 Item 10b, cont'd. member of the Council requests an additional report. Mayor Lam supported City involvement in the MPEC project. Councilor Hawkins congratulated the Fire Department and the First Responder team. He also mentioned the burn training given to the firefighters. He also commented that school is out, and there will be a lot of bicycles on the street. He also commented on the methods of handling of cash, suggesting better accountability of it. Councilor Thompson noted a request for a park near Taylor Foundry where children can play. He suggested an area near Jasper Street water plant for this purpose, stating CDBG monies might be used. He also noted construction of new homes on Lilac Street. No items were brought under Item 10c. Item 10d The City Council recessed into executive session at 9: 35 a.m. , according to Article 6252-17, Section 2(g) , VACS. The meeting reconvened at 10:07 a.m. Item 10e Mayor Lam noted that more applications are needed for the Planning and Zoning Commission before appointments can be made. Moved by Councilor Hughes that Michael Koen be appointed Chairman of the Planning and Zoning Commission (replacing Chuck Dennis, as Chairman) , for a term to expire May 31, 1994. Motion seconded by Councilor Martin, and carried unanimously. Item 10f Moved by Councilor Hughes that the following be appointed to the Commission on Human Needs (replacing Gary Ford, Leona Hancock, Clifford Brannon, Enid Moorman, and Linda Burney) for terms as indicated. a. Miriam Mas - December 31, 1993 b. Kattie Edmondson - December 31, 1994 c. Lisa Pecot - December 31 , 1993 d. Cosme Silva - December 31, 1994 e. Linda King - December 31, 1993 Motion seconded by Councilor Martin, and carried unanimously. 310 Item 10g Mayor Lam noted that the Lake Wichita Study Committee will proceed on an independent basis and all Council members will have the opportunity to attend, as desired. No City Council liaison will be appointed. The City Council adjourned at 10: 10 a.m. PASSED AND APPROVED this /,�— day of / 1993 . 4L4—e--4002— Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk