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Min 05/04/1993 284 Wichita Falls, Texas Memorial Auditorium Building May 4, 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 David Farabee - 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 Harvey McMurry, City View Baptist Church. Item 3 Results of the City election held May 1, 1993 , were canvassed by the Mayor and City Clerk. Following the canvass, a resolution was considered. RESOLUTION NO. 63-93 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS ON MAY 1, 1993 , FOR COUNCILOR DISTRICT 1, COUNCILOR, DISTRICT 2 , AND COUNCILOR, AT LARGE Moved by Councilor Farabee that Resolution No. 63-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Mayor Lam presented gifts to David and Terri Farabee, along with a dinner for two at McBride' s steakhouse. He expressed appreciation to them for their support. Mr. Farabee stated that the past four years have been a tremendous educational experience. He complimented the City staff for their tremendous support, and stated that he had enjoyed serving with all members of the Council. Mayor Lam introduced Leon and Jan Mallonee, and welcomed them on board. He offered the help of the staff and Council to them, as needed. At this time City Clerk Wilma Thomas administered the oath of office to Councilors Mallonee, Loughry, and Thompson. 285 Item 4a Eddie White, a Health Department employee, was honored as Employee of the Month for May. Mayor Lam presented him with a plaque, City pin, bus ticket, check, and tickets to a dinner. Mayor Lam presented a proclamation to Mrs. Kathy Blair and her Third Grade Class at Ben Milam, commending them for the history they have learned about our City. The City Council recessed at 8: 55 a.m. for a reception for David Farabee. They reconvened at 9 :17 a.m. Item 5 Moved by Councilor Thompson that minutes of the meeting held April 20, 1993 , be approved. Motion seconded by Councilor Hughes. Councilor Hawkins commented that the date of his expiration term on the 9-1-1 Board should be clarified. The motion carried unanimously. Item 6a-8a Moved by Councilor Martin 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 6a RESOLUTION NO. 64-93 RESOLUTION TO APPROVE CONTRACT WITH ARCHITECTURAL FIRM FOR THE ARCHITECTURAL SERVICES RELATING TO THE REPLACEMENT OF THE ROOF AT MEMORIAL AUDITORIUM Item 7a RESOLUTION NO. 65-93 RESOLUTION TO ACCEPT LAKE DIVERSION SPILLWAY ADDITION AND MODIFICATION PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Item 8a Minutes of the meeting of the Park Board held April 22, 1993 , were received. Item 9a ORDINANCE NO. 43-93 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 2, BLOCK 1, BRW ADDITION Moved by Councilor Thompson that Ordinance No. 43-93 be passed. 286 Item 9a, cont'd. Motion seconded by Councilor Hawkins. Councilor Martin inquired if people are checking with Engineering Department on their runoffs, and Mr. Bonnett stated that they are. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9b ORDINANCE NO. 44-93 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR STERLING STONE ESTATES Moved by Councilor Hughes that Ordinance No. 44-93 be passed. Motion seconded by Councilor Martin. Mr. Bonnett explained that this is a fairly large area toward Holliday. Bill Parker explained that the owner had submitted a preliminary plat of his entire acreage. They are divided up into lots from five to 159 acres. Twenty-two lots are involved. He explained that this is a fairly insignificant runoff in this area. Mr. Bonnett stated it is feeding into Lake Wichita, which is a stormwater detention facility, and they cannot recommend denial. Councilor Hawkins noted that we are not talking about covering up a significant amount of soil. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9c ORDINANCE NO. 45-93 ORDINANCE WAIVING REQUIREMENTS UNDER RESOLUTION NO. 112-89 , SECTION 1, (2 ) (d) IN ORDER TO PROVIDE WATER SERVICE OUTSIDE THE CITY LIMITS TO A USE OTHER THAN A NORMAL RESIDENTIAL USE CONCERNING THE NORTHWEST CORNER OF WELLINGTON AND STATE HIGHWAY 287 DESCRIBED AS TRACT 18A OF THE C.L. HARRISON SURVEY, A-95 Moved by Councilor Thompson that Ordinance No. 45-93 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 9d ORDINANCE NO. 46-93 ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING WICHITA FALLS NIGHT OF PRAISE EVENT, MAY 15 AND 16, 1993 IN JAYCEE PARK 287 Item 9d, cont'd. Moved by Councilor Hughes that Ordinance No. 46-93 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 9e ORDINANCE NO. 47-93 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1, BLOCK 34, MESA IRRIGATED FARMS Moved by Councilor Hughes that Ordinance No. 47-93 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 9f ORDINANCE NO. 48-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE NORTH LINE OF LOT 3 , BLOCK 40-A, MESA IRRIGATED FARMS Moved by Councilor Thompson that Ordinance No. 48-93 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 9g ORDINANCE NO. 49-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF KOVARIK ROAD, ADJACENT TO THE NORTH LINE OF LOT 3 , BLOCK 40-A, MESA IRRIGATED FARMS Moved by Councilor Hughes that Ordinance No. 49-93 be passed. Motion seconded by Councilor Martin. Councilor Martin, commented that this is a no-win situation, and because of not knowing the elevations we need to watch this very closely. The motion carried by the following vote. 288 Item 9g, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9h ORDINANCE NO. 50-93 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 3 , BLOCK 40-A, MESA IRRIGATED FARMS Moved by Councilor Hughes that Ordinance No. 50-93 be passed. Motion seconded by Councilor Martin. Councilor Martin also commented that we need to watch this situation very closely down the line. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9i ORDINANCE NO. 51-93 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 27-B, BLOCK 3-A, TANGLEWOOD, SECTION 1-C Moved by Councilor Hughes that Ordinance No. 51-93 be passed. Motion seconded by Councilor Hawkins. Councilor Martin clarified that this will not affect any of the property in Tanglewood at present. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 66-93 RESOLUTION TO APPROVE REIMBURSEMENT TO STATE OF TEXAS FOR RELOCATION OF WATER LINE ON EAST SCOTT STREET BRIDGE Moved by Councilor Thompson that Resolution No. 66-93 be passed. Motion seconded by Councilor Hughes. Councilor Loughry commented on the money spent on this bridge when Holliday Creek went through. Mr. Bonnett noted it was part of the federal flood control. Federal funds came down that allowed the State to rebuild the bridge. The motion carried by the following vote. 289 Item 10a, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None No information was presented under Item lla. Item llb Councilor Thompson shared Councilor Martin' s concern about us piecemealing, and giving these waivers. He feels the Council will be faced with decisions that will affect our City. He stated he would like to take a tour of the area. He also mentioned transportation in his district for downtown shopping, and they have to go to the mall when that is not their destination. He would like to discuss this later on. He expressed appreciation to all voters and participants in the election. He welcomed Councilor Mallonee, and wished David Farabee well. Councilor Hawkins agreed with a suggested tour. He also commented on the police motorcycle riders who will be participating in a skills contest. He also asked that the school zone on Hooper Street be reviewed for a possible extension, and also to check into the possibility of working the motorcycle patrol until the school zones expire. Councilor Hawkins also asked that the Walmart exit be reviewed. Mr. Berzina stated they are presently looking at this. Councilor Hawkins also commented that drivers being tested go down Rockhill Street. They allow them to speed, and when they return to the station they are fined for speeding. He stated there are no speed limits signs on this street. Councilor Mallonee thanked the voters in Wichita Falls for the confidence placed in him, stating he will enjoy serving the citizens. He asked about a lake meeting tomorrow night, and Mr. Bonnett stated he knew nothing about it. Mayor Lam suggested that the City Manager update him on this. Councilor Hughes congratulated new council members, stating he looked forward to a good year. Councilor Martin congratulated new council members. He also complimented City Clerk Wilma Thomas for a job well done on the recent redistricting election. Councilor Martin commented that apparently we have only one Councilman that knows what is going on in the City. Councilor Loughry noted signs near Summit Apartments. He also stated he appreciated the voters, and Police and Fire Departments for their efforts. He congratulated other council members who were elected. Item llc Mr. Berzina suggested they find a time for a tour, and go look at these areas suggested by Councilor Thompson. He also stated they will look into the bus thing for coordination. Sikes Senter is a central point so they can transfer out of there, but they will look at other options. 290 Item llc, cont'd. Mr. Berzina addressed a Kickapoo Airport story which contained a lot of errors. The involvement we are in at this time is to just find out if the City should be involved. No decisions have been made. There has been no vote. The tone of the article was that there were no federal funds. He talked to the State and the FAA. Federal funds in the amount of 1. 2 million dollars are available to the City for its use and appropriation. The City' s entitlement money is available for any airport program that they want to use it for. The FAA totally agrees with this. All the City is trying to do at this time is find out if the City can use it. Councilor Hawkins asked about a certain grant to the Coppage family, and requested a report to the Council on this. j Mr. Berzina emphasized that we are not rushing off to get another airport, but only looking at a study of it. i, Jim Dockery reported on the school district looking at an alternative fuel for their fleet. They will be taking a study from a private consultant to determine what fuels are acceptable. The City could join in this study for an additional $1,000. He stated there are some savings in our fleet budget if there is any interest in the Council to do it. We need to contact the school system if we desire to do so. This is a data gathering study. Mr. Berzina stated that we may get some coordination of effort in this study if they choose to participate. Mr. Berzina stated they have been asked by the State if they want to join the seatbelt program. Chief Harrelson stated it will fund $20 ,000 for us to employ off duty officers to work in seatbelt enforcement. The officers volunteer to work in this program to make money for themselves. He noted the importance of this, and recommended that the City get into this program. They are looking specifically for seat belt violations, but it turns up a lot of other violations. officers will also respond to other calls in the area, if needed. The Council agreed to this safety program. Mr. Humbach stated that the seat belt program and the alternative fuel study should be placed on the consent agenda next time. Item lla Dan Shirey, 101 Shoreline, made a request to appear out of order, since he failed to appear under Item lla. He stated that he is Chairman of Save Lake Wichita. Mr. Shirey asked about the status of letters to committee members appointed by the Council. Mr. Berzina explained they are set to go out, and set a meeting time. He also asked if a letter had been written to the Corps of Engineers to open discussions. Mayor Lam emphasized that it is not the desire of this Council to go into another study. Councilor Martin stated he has not received the figures earlier requested by the Council from him. Councilor Thompson asked that Mr. Shirey put this information in writing. Mr. Shirey stated that he was told by the Corps that all requests for re-opening to the Corps of Engineers must come from the City of Wichita Falls. Mr. Shirey stated that at the meeting of the charge to the committee it was stated that they would be looking at improvements that can be made to Lake Wichita after completion of the Holliday Creek project. Mr. Berzina emphasized that their discussions with the Corps indicates a wide difference of discussions than what he has said. The City has satisfied themselves that the proper 291 Item lla, cont'd. approach to be taken is to let the committee do its work. The City' s recommendation is that we not ask for study until somebody steps forward with a $150, 000 fee for the study. Anything retrofitted after Phase III is completed would be the same price tag. If we raise the water pool any it puts the City in the business of buying houses. The City does not see a lot of options after the Holliday Creek project is completed. This has been the plans of the City since the 19701s. Our studies are backed up by the Corps of Engineers. Mayor Lam stated that the Corps told them in a meeting last week that the lake will not be drained. They will put up another type of dam. Mr. Shirey stated that the Corps of Engineers encourages them to do some studies. Mayor Lam emphasized that is just opposite of what they said last week. The City and the Corps are in partnership with this project, and everyone is happy with it, and that is the position of the Corps and City today. The Corps is not suggesting that other studies be done. Councilor Hawkins stated he would not be willing to spend $150,000 for another study unless the Corps requested it. Mr. Berzina again emphasized that we have been in a design set for Lake Wichita since the 19701s. The 976 would be best for the City. The 978 means that this City gets to buy 200 houses to get them out of the flood plain. He noted bridges and businesses that would be taken out. The Corps stated this is not a cost benefit to the City. There is no federal help for the City to purchase these houses. This lake becomes a water retention facility. It is a 51 million dollar project by the Corps of Engineers. It is butting up against this figure now. If it goes over, we have to go back to the feds for approval. Because he requested a study and put it on the agenda that assumes we have the money, and we don' t. The Corps would have to be paid for any other studies. Comments from the Council is that there is not much interest in passing bonds and raising taxes until people see what the final product is. There will be a lake two-thirds the size it is now. We have known that since way back when the City made the decision that flood protection was a very important viable product. Mr. Berzina again stated that if the total cost goes over 51 million dollars the Corps is out of it as a federal participant. Mr. Shirey stated they seek a higher lake for the benefits of the lake in fishery and natural habitat. Councilor Hughes asked Mr. Shirey if he is a resident of Wichita Falls or Lakeside City? He stated he lives in Lakeside City. Councilor Hughes asked if he had considered Lakeside City approaching the Corps for a study, stating that seems to be where the most interest is. Councilor Martin pointed out it would raise city taxes seventy-two cents, and city residents would not go along with this. He asked Mr. Shirey how much Lakeside City is willing to participate. Mr. Berzina stated that the point we are missing is that we get into the real estate business. We would have to purchase 200 houses and remove them from the one hundred year flood plain. Councilor Thompson suggested the committee be allowed to work and see what can be done after Phase III is completed. He emphasized that they will complete Phase III . He further pointed out that we have asked the questions of the Corps and received the answers we want, and the Council will go forward with it. 292 Item lld The City Council recessed into executive session at 10: 40 a.m. , according to Article 6252-17, Section 2(g) , V.A.C.S. The meeting reconvened at 10: 57 a.m. Item lle Moved by Councilor Hughes that John Gavin be appointed to the Museum and Art Center Board of Trustees (replacing Pat Jones) for a term to expire May, 1995. i Motion seconded by Councilor Martin, and carried unanimously. Item llf Moved by Councilor Hughes that David Farabee be appointed to the Mental Health Mental Retardation Board of Trustees (replacing Dr. Thomas Curran) for a term to expire August 31, 1993 . Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 11: 00 a.m. PASSED AND APPROVED THIS ML-, DAY OF lC 1993 . Michael Lam, May r i ATTEST: alma J. Thomas, CMC/AAE City Clerk