Min 12/01/1992 177
Wichita Falls, Texas
Memorial Auditorium Building
December 1 , 1992
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 Todd Renegar, First Church of
the Nazarene.
Item 3a
Joyce Ambrose, Data Processing, was honored as Employee of
the Month for December. Mayor Lam presented her with a plaque,
City of Wichita Falls pin, checks, bus tickets, and tickets to a
dinner.
Mayor Lam presented a proclamation on Aids Awareness Day in
Wichita Falls.
Item 4
Moved by Councilor Farabee that minutes of the meeting held
November 17, 1992 be approved.
Motion seconded by Councilor Hughes, and carried
unanimously.
Item 5a-7d
Items 7c and 7d were moved to the regular agenda.
Moved by Councilor Hughes that the consent agenda be
approved.
Motion seconded by Councilor Hawkins, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin,and Hawkins
Nays: None
Item 5a
RESOLUTION NO. 177-92
RESOLUTION APPROVING AMENDMENT NUMBER 6 WITH ATLANTIC
SOUTHEAST AIRLINES, FOR LEASE OF PREMISES AT THE
WICHITA FALLS MUNICIPAL AIRPORT
178
Item 6a
The bid for one ( 1 ) four wheel drive skid steer loader was
awarded to Cessco Rental and Sales in the amount of $15,676 . 04.
Item 6b
RESOLUTION NO. 178-92
RESOLUTION TO AWARD BID TO TONY'S CHEMICAL HOUSE FOR
ANNUAL SUPPLY OF POLYMER FOR WATER TREATMENT
Item 7
Minutes of the meetings of the following boards and
commissions were received.
a. Planning and Zoning Commission - November 11, 1992
b. Board of Electrical Examiners - November 12, 1992
Item 7c
Councilor Hawkins stated that he had received calls from
police officers and fire department personnel. Mr. Berzina
explained that they look at all these cases very carefully, and
some are borderline. Councilor Hawkins also stated he has
concerns about Mrs. Stricklin filling the dual role of Director
of Civil Service and Personnel Director. Mr. Humbach noted that
this is typical across the state. It was also explained that in
the police department there was a spousal relationship. There
is no waiver provided in the spousal relationship. Mr. Berzina
emphasized that it is the Civil Service Commission that makes
the decision. The staff only makes recommendations.
Mayor Lam stated that he would hope that this staff is
consistent with their recommendations on all our policies. Mr.
Berzina stated they always look at these situations and we are
consistent with the policies in force at this time.
Moved by Councilor Hawkins that minutes of the meeting of
the Civil Service Commission held November 18 , 1992, be
received.
Motion seconded by Councilor Thompson, and carried
unanimously.
Item 7d
Councilor Loughry opposed the action taken by the Employee
Benefits Trust on the stop loss reinsurance coverage. Mrs.
Stricklin explained that only three people in the City' s three
year history from a potential of 3000 employees, have gone over
$125, 000 this year. Last year they had one go up to it, but not
over, and none the year before. When you go with the history it
is not feasible to pay the extra cost based on history. If we
go over $150 ,000 with two persons we lose $25, 000.
Further discussion continued on this subject by various
members of the Council. Councilor Loughry commented about Mrs.
Stricklin as being the Third Party Administrator, and Mrs.
Stricklin explained that she is not the Third Party
Administrator. Action taken by the Employee Benefits Trust
Committee will save $25 ,000. He stated this is one reason to
have Mr. Werner reporting to the Council since he opposed this
action. Councilor Thompson exhorted that we need to look at the
history of this program, and we should be commending the staff,
rather than beating them up, stating that council members are
very powerful and what they say can trash our employees '
reputations by their words. He stated that the people who watch
television will draw their conclusions one way or another. He
feels we should hold this dear, and not ruin a person' s
reputation. Councilor Hawkins stated he did not feel there was
179
Item 7d, cont'd.
anyone here trying to ruin anyone ' s reputation, but were talking
about an expenditure.
Moved by Councilor Loughry that minutes of the meeting of
the Employee Benefits Trust held November 19, 1992, be received.
Motion seconded by Councilor Martin, and carried
unanimously.
Item 8a
ORDINANCE NO. 101-92
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
Earl Potts noted three structures at 507 and 509 Bonner,
which are vacant, deteriorated, open, and unsecured. He stated
it is really a blight in this neighborhood. The Executrix of
the estate at 509 Bonner called and said she was willing for
them to take down the structures. Demolition is recommended for
both. Mr. Berzina explained that they planned to use the
Community Development program for this. They may later be able
to put it up for sale. The public hearing was opened and then
closed, with no one asking to be heard.
Moved by Councilor Martin that Ordinance No. 101-92 be
passed.
Motion seconded by Councilor Farabee, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9a
ORDINANCE NO. 102-92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS CALLING FOR A SPECIAL ELECTION FOR
JANUARY 16 , 1993 , TO SUBMIT PROPOSED AMENDMENTS TO THE
CITY CHARTER OF THE CITY OF WICHITA FALLS; SETTING
FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE FORM
OF THE PROPOSITIONS; NAMING ELECTION OFFICIALS AND
POLLING PLACES; 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. 102-92 be
passed.
Motion seconded by Councilor Hughes.
Mr. Humbach explained the ordinance format, stating they
need to select the propositions which they desire to appear on
the ballot. Mayor Lam noted that the Council is not making
these decisions, but asking the public to vote on it.
Mayor Lam noted the history of redistricting and asked for
a vote on Proposition One to be placed on the ballot.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
Martin, and hawkins
Nays: Councilor Loughry
180
Item 9a, cont'd.
Mayor Lam explained that Proposition Two deals with the
petitions presented by the Police Department in 1990 to increase
retirement benefits and to increase the staffing level of the
Police Department. The citizens defeated the benefit package,
but approved the staffing level of the police officers. A large
class of recruits is soon to be graduated, and we are almost
there regarding the numbers. The Council believes this should
be left in the hands of the elected officials. Some people feel
it should be left alone since it was voted on.
Councilor Martin feels that the citizens spoke in 1990, and
sees no need in bringing this back on the January 16 , 1993 ,
election. They also made a pledge to the citizens on the MPEC
election in July, 1992, that this would give us sufficient
numbers to handle security. The mandate is there. He feels we
need the minimum number. Councilor Loughry agreed.
Councilor Hughes again stated it is a matter of principle.
It should not be in the hands of the citizens, but elected
officials. There is no reason to cut officers at this time, and
now would be a good time to take it out of the charter.
The vote to place Proposition Two on the ballot failed by
the following vote.
Ayes: Mayor Lam and Councilor Hughes
Nays: Councilors Farabee, Loughry, Thompson, Martin,
and Hawkins
The next proposition to be considered for placement on the
ballot would be for the Director of Finance to report to the
Council instead of the City Manager. This would take many of
the operations away from the City Manager who has to have a
finance program.
Councilor Hughes stated that he heard a comment that this
was a reason for the Finance Director to report to the Council.
Just because of a difference of opinion is no reason for it to
report to the City Council. There are two other people on the
same committee who are already appointed by the Council.
Mr. Berzina explained that this is the way he found the
situation when he came here. It did not work well, and the
citizens voted on it in 1988 , and changed it as it remains
today. Councilor Hughes commented about the use of the logic
that we should not vote on it because the citizens have already
done so.
Councilor Thompson stated that for good efficiency and
smooth running management in government, it should remain like
it is. If we have any doubts, we should bring in our outside
auditor.
Councilor Hawkins stated he would prefer to see the finance
director appointed by the Council as is the City Attorney, who
works very closely with the City Manager.
Councilor Martin commented that there is a saying, "if it
ain' t broke, don' t fix it" . We are trying to fix something that
isn' t broken. The finance director is just one man who would
answer to them. The people in the finance department work for
the City Manager.
Councilor Thompson stated he would feel better if he did
not think the opposition' s comments did not have some other
motive.
The proposal to place this proposition on the ballot
carried by the following vote.
181
Item 9a, cont 'd.
Ayes: Mayor Lam, Councilors Loughry, Hughes, and Hawkins
Nays: Councilors Farabee, Thompson, and Martin
Discussion was held on Proposition Four to limit terms of
council members.
Councilor Farabee made a motion to amend the Proposition to
change it from two successive terms to three successive terms,
and not more than ten consecutive years.
The motion was seconded by Councilor Hawkins.
Councilor Farabee stated that he believes at the municipal
level people will come forward and serve. He further stated it
is hard to ask an incumbent if he is going to run again, and
believes this would help.
Councilor Hawkins stated he has made a pledge to the
citizens of District 5 that he would serve no more than two
terms, but has mixed feelings about term limitations. He can
support putting it on the ballot for the people to vote on.
Councilor Thompson stated he believes it is totally
undemocratic. He believes we are fighting against something
that does not exist. If people feel they want to run, they
should do so.
Councilor Martin commented that being an incumbent does not
give that person an edge. He does not favor putting term
limitations on the City Council. Councilor Hughes did not
object to letting the citizens decide.
The amended motion by Councilor Farabee carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
Martin and Hawkins
Nays: Councilor Loughry
The motion for placing Proposition Four on the ballot, as
amended, carried by the following vote.
Ayes: Councilors Farabee, Loughry, Hughes, and Hawkins
Nays: Mayor Lam, Councilors Thompson and Martin
The motion for passage of Ordinance No. 102-92 carried by
the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9b
ORDINANCE NO. 103-92
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 BAILEY
ROAD, ADJACENT TO THE NORTH LINE OF LOT 1 , BLOCK 1 ,
VAL-HOLLOW ADDITION
Moved by Councilor Thompson that Ordinance No. 103-92 be
passed.
Motion seconded by Councilor Hawkins, and carried by the
following vote.
182
Item 9b, cont'd.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9c
ORDINANCE NO. 104-92
ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF
ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG
THE NORTH LINE OF LOT 1, BLOCK 1, VAL-HOLLOW ADDITION
Moved by Councilor Hawkins that Ordinance No. 104-92 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
Item 9d
ORDINANCE NO. 105-92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING ORDINANCE NO. 2-83 ,
PROHIBITING DISCRIMINATION IN PUBLIC ACCOMMODATIONS
AND PROVIDING AN ADMINISTRATIVE PROCEDURE FOR THE
HANDLING OF COMPLAINTS CONCERNING SUCH DISCRIMINATION;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Farabee that Ordinance No. 105-92 be
passed.
Motion seconded by Councilor Thompson.
Councilor Hawkins asked if familial status should be dealt
with on discrimination, stating it is on the federal level. Mr.
Humbach stated it could be added, but it should be looked at by
the Commission. Mrs. Stricklin explained that EEOC does not
address this separately, but is addressed in other categories.
When the feds look at it later this year, and if it passes, the
City may want to look at it.
Moved by Councilor Hawkins to amend the ordinance to
include it in one of the discriminations.
Motion seconded by Councilor Loughry, and failed by the
following vote.
Ayes: Councilors Loughry, Thompson, and Hawkins
Nays: Mayor Lam, Councilors Farabee, Hughes, and Martin >
The motion for passage of Ordinance No. 105-92 carried by
the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
183
Item 9e
ORDINANCE NO. 106-92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING ARTICLE II OF CHAPTER 13 OF THE
CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS
(SECTIONS 13-11 THROUGH 13-27) PROHIBITING
DISCRIMINATORY HOUSING PRACTICES AND PROVIDING AN
ADMINISTRATIVE PROCEDURE FOR THE HANDLING OF
COMPLAINTS CONCERNING SUCH PRACTICES; 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. 106-92 be
passed.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9f
ORDINANCE NO. 107-92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING ORDINANCE NO. 4-83 , PROHIBITING
DISCRIMINATION IN EMPLOYMENT PRACTICES AND PROVIDING
AN ADMINISTRATIVE PROCEDURE FOR THE HANDLING OF
COMPLAINTS CONCERNING SUCH PRACTICES; 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. 107-92 be
passed.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9g
ORDINANCE NO. 108-92
ORDINANCE AMENDING CHAPTER 14, ARTICLE III, SECTION
14-35 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA
FALLS TO ADOPT THE 1993 EDITION OF THE NATIONAL
ELECTRICAL CODE
Moved by Councilor Thompson that Ordinance No. 108-92 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
184
Item 9h
ORDINANCE NO. 109-92
AN ORDINANCE AMENDING THE ZONING ORDINANCE DEFINITION
OF A FLEA MARKET
Moved by Councilor Farabee that Ordinance No. 109-92 be
passed.
Motion seconded by Councilor Hughes.
Councilor Farabee noted that the overriding thing that came
out of the Planning Department and Planning and Zoning
Commission is that this ordinance covers the bases for
everything. Mr. McKinney explained that a fine appears
elsewhere in the Code of Ordinances, and it rests mainly with
the Municipal Court Judge.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9i
ORDINANCE NO. 110-92
AN ORDINANCE AMENDING THE WICHITA FALLS CODE OF
ORDINANCES, APPENDIX C (ZONING ORDINANCE) ,
REQUIREMENTS FOR HANDICAPPED PARKING
Moved by Councilor Farabee that Ordinance No. 110-92 be
passed.
Motion seconded by Councilor Hughes.
Councilor Hawkins stated he has problems with an 8 1/2"
vertical clearance because of the ADA. Mr. Humbach stated there
is no future liability on parking garages.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 9j
ORDINANCE NO. 111-92
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 Farabee that Ordinance No. 111-92 be
passed.
Motion seconded by Councilor Hughes.
Tom Edmonson explained that this grant brings a part time
position into full time, with them paying it.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
185
Item 9k
ORDINANCE NO. 112-92
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. 112-92 be
passed.
Motion seconded by Councilor Hughes.
Councilor Thompson asked about the total amount for aids
that we have in our Health Department, which was explained by
Mr. Edmonson, noting various programs being utilized. Councilor
Thompson commended Mr. Edmonson and his staff for doing such a
good job. Councilor Martin asked about the numbers of new
employees they have had, and Mrs. Stricklin stated she would get
the information.
The motion carried by the following vote.
Ayes : Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
The City Council recessed at 9: 58 a.m. , and reconvened at
10: 11 a.m.
Item l0a
RESOLUTION NO. 179-92
A RESOLUTION OF THE CITY COUNCIL OF WICHITA FALLS
DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA
COUNTY, AS AN INDUSTRIAL DISTRICT, AND APPROVING A
CONTRACT WITH DIAMOND SHAMROCK REFINING AND MARKETING
COMPANY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR
A PERIOD OF SEVEN (7) YEARS
Moved by Councilor Farabee that Resolution No. 179-92 be
passed.
Motion seconded by Councilor Hughes.
Councilor Hawkins questioned the 150 percent water rate,
asking if there is a set rule. Mr. Berzina explained the
various generations of the non-annexation agreements, stating
that is why they see different levels.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 10b
RESOLUTION NO. 180-92
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT WITH SIMMONS AIRLINES, INC. FOR LEASE
OF PREMISES AT THE WICHITA FALLS MUNICIPAL AIRPORT
Moved by Councilor Thompson that Resolution No. 180-92 be
passed.
186
Item 10b, cont.d.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 10c
RESOLUTION NO. 181-92
RESOLUTION TO APPROVE ENVIRONMENTAL PROTECTION AGENCY
MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL
AUDIT REPORT FOR THE RIVER ROAD WASTEWATER TREATMENT
PLANT u
Moved by Councilor Martin that Resolution No. 181-92 be
passed.
Motion seconded by Councilor Farabee.
Mayor Lam explained that the Council had been given a
report on this.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
RESOLUTION NO. 182-92
RESOLUTION TO APPROVE ENVIRONMENTAL PROTECTION AGENCY
MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL
AUDIT REPORT FOR THE NORTHSIDE WASTEWATER TREATMENT
PLANT
Moved by Councilor Martin that Resolution No. 182-92 be
passed.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 10d
RESOLUTION NO. 183-92
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN
CONTRACT FOR MANAGEMENT OF WEEKS TENNIS CENTER
Moved by Councilor Hughes that Resolution No. 183-92 be
passed, authorizing a contract with Jack Alsup.
Motion seconded by Councilor Martin.
Raymond Atkins, No. 2 Whiterock Court, stated they had
presented an idea to the Council of combining both tennis
centers into one. He noted a long history of competition. He
felt there was more flexibility and expansion of programs in
operating both courts. He noted the difference in the monies
returned to the City from each facility. He stated this does
not justify two full time tennis professionals.
Dennis Holobaugh, 2012 Avondale, supported Jack Alsup as
the pro at Weeks Park.
187
Item 10d, cont'd.
Eddie Lyons presented two letters to the City Manager from
Jody Ann Lyons. He endorsed Jack Alsup as the new tennis pro,
and keeping both centers open.
Jim Potts, 5108 Bahama, stated competition between the
facilities is needed for fair pricing. He stated he has
children at both facilities.
Mayor Lam stated he would be willing to go with the
recommendation of Mr. Murphy to give this a try to see what he
can produce. Councilor Martin feels if there is animosity
between the two courts we should take a look at it. Further
discussion continued, with a request for Mr. Murphy to report to
the Council at the next budget year. Councilor Thompson did not
feel there is much control at the tennis courts.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item l0e
RESOLUTION NO. 184-92
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN
CONTRACT FOR MANAGEMENT OF HAMILTON TENNIS CENTER
Moved by Councilor Hughes that Resolution No. 184-92 be
passed, authorizing a contract with Johnny Simmons.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item lla
RESOLUTION NO. 185-92
RESOLUTION FOR THE AWARD OF BID TO KEYSTONE
CONSTRUCTION, INC. FOR THE CDBG COUNTRY CLUB
IMPROVEMENTS PROJECT PHASE ( 1)
Moved by Councilor Martin that Resolution No. 185-92 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
Item 12a
Discussion was held on rezoning Kemp Boulevard between
Avenue M and Avenue C from limited commercial to general
commercial.
Mr. McKinney stated that a staff report has been provided.
A lot of permitted uses would be allowed if this is done. Some
complaints have been received because of these issues. Limited
commercial was addressed as allowing some type of business, but
still protecting the homeowners. By going to general commercial
you will be opening it up to many uses, such as flea markets.
188
Item 12a, cont 'd.
Mayor Lam stated a significant number of signatures have
been gotten, and there is enough interest along Kemp for
Planning and Zoning to take another look at it, and hold public
hearings on it again.
Councilor Hughes felt it would be a mistake to go to
general commercial. He noted the residential property behind
this area. He further stated that zoning was promised to
protect the residential neighborhood. Councilor Farabee
commented that much of this property is still owner occupied.
He stated he will not stand in the way, but those who want it
rezoned will find opposition.
Pat McClane, 20 Oxley Drive, stated that she owns property
on Kemp, and the part which is commercial is more appealing than
the other. Most of the houses are rental on the South end of
Kemp, as opposed to the North end. She felt that 100 out of 144
residents is a good ratio showing that people are ready for it
to be changed.
Calvin Underwood, 1305 Grant, stated that he owns property
on Kemp, most of which is rental property. He stated he
preferred nice business rather than low income rental property.
He does not feel this would be a threat to his home at 1305
Grant.
Moved by Mayor Lam that rezoning on Kemp be initiated at
the meeting of the Planning and Zoning Commission on January 13 ,
1993 . The motion died for lack of a second.
Item 12b
Max Yancey, No. 3 Karen Court, requested a street name
change from Karen Court to Nola Court. He stated seven families
are for it, two against it, and there is one vacant lot. He
stated there is another street in the city known as Karen Lane,
but it is not on the city map. He stated this has been a real
hassle for mail services, as well as certain police and
ambulance services. He has talked to both the police chief and
ambulance service. He stated that he sleeps with a gun, and if
someone tries to come through his window he will shoot him.
Mr. McKinney explained that the only way a street name can
be changed is by an ordinance of the City Council. Mr. Yancey
also wants the fee waived. Mr. McKinney stated that we have
similar and same situation of names all over the city.
Mayor Lam asked where the name of Nola came from, and he
stated that his wife and another woman in the neighborhood
suggested it. Mayor Lam stated if they can come up with the
money to get it changed, they would be willing to take a look at
it.
Mr. McKinney stated that Karen Lane is a private street,
and is not dedicated. He does not believe a mistake was made.
The word "Court" was specifically used to not have a problem.
The concensus of the Council was that they would take a look at 4N
it at the next meeting.
Nan Lambert stated she did not understand what the Council
decided on the rezoning of Kemp. Mayor Lam explained that a
majority of the Council is satisfied like it is. The Kemp
Street people would have to initiate any changes themselves.
Item 12c
Mayor Lam asked about the status of the CDBG allocations,
189
Item 12c, cont'd.
and it was explained that two publications are being run, and
after that point the recommendations can be utilized.
Councilor Loughry stated that asphalt is needed across the
railroad tracks on Seventh Street. Mr. Bonnett explained they
will have to wait until summer to apply asphalt.
Councilor Martin requested that Mr. Bonnett come forward
with a plan for recycling. Mr. Bonnett explained that would be
the plan which was presented in the budget.
Councilor Martin also cautioned the citizens about safety
during the holiday season, and noted the Christmas tree lighting
tonight.
Councilor Farabee noted that the Itinerant Merchants sign
on Kell needs to be straightened.
Councilor Thompson mentioned the proposed downtown park.
He noted a large proposed development spread in the paper, of
which he was not aware. He asked if $130,000 is all we are
going to allocate, and it was explained that this is all that
they are asking at this point. They realize it will not do the
job. Mayor Lam explained that the park can be developed in
stages by the City of Wichita Falls. They will seek donations,
but will have to come back to the City to ask for more. The
City has nothing to do with the museums. Councilor Thompson
expressed that it is only fair to put the whole thing on the
table at the same time so that the citizens will know.
Mr. Berzina explained that the total project is in excess
of one million dollars. They are trying to find out where
$130, 00 will do the most good, and where it can be best
utilized. It is a stage process. The Council will have to
appropriate this each time. He feels it would be only fair to
insist that funds come from the private sector. The City does
not have all the project costs at this time.
Councilor Thompson asked about private sector funding for
MPEC. It was noted that it has not been started yet. They are
in the process of signing contracts with the architects. They
felt it would be beneficial to wait a while before they got into
the private funding.
Mayor Lam noted the Christmas tree lighting at Harold Jones
Park.
Item 12d
Mr. Berzina noted that he would have a proposed use of the
Naval Reserve building at the next council meeting. He also
stated that he has notified Mr. Helmcamp that on December 27 the
water will be cut off. Mr. Helmcamp has said he would terminate
service to Mr. Holt.
Mayor Lam mentioned the committee for Lakes Arrowhead and
Kickapoo, stating they are taking applications to study these
situations. He would like citizens in the city to volunteer
their expertise to serve on this committee.
Mr. Berzina commented that he anticipates questions about
the Director of Finance proposition on the ballot, and that he
190
Item 12d, cont'd.
feels compelled to speak freely as to why this is not in the
best interest of the city. The Mayor acknowledged that they
would expect him to do so.
Item 12e
The City Council recessed into executive session at 11: 47
a.m. , according to Article 6252-17 , Section 2(g) , V.A.C.S. The
meeting reconvened at 12 : 30 p.m.
Item 12f
Moved by Councilor Hughes that the following be appointed „
to the Commission on Human Needs for terms as indicated.
a. Linda Burney, Carrie Hadley, Enid Moorman, Gary Ford,
Sheila Stouard, Eugenia Tickle, Linda Edgerton, Sylvia
Arnett, and Jerry Hampton - December 31, 1993 .
b. Clifford Brannon, Leona Hancock, William Archer, Gene
Newton, Robert Reynolds, Jr. , Wayne Tarkington, James
McIntyre, and Joy Parsons - December 31, 1994 .
C. Gene Newton will be Chairman.
Motion seconded by Councilor Martin, and carried
unanimously.
Item 12g
Moved by Councilor Hughes that Dewey Nicholson be appointed
to the Wichita Falls/Wichita County Public Health Board for a
term to expire December 31, 1993 , (replacing Mr. Angel Luis
Rivera) .
Motion seconded by Councilor Thompson, and carried
unanimously.
The City Council adjourned at 12 : 33 p.m.
PASSED AND APPROVED this /J`�Ikl day of CX�k' Ce.'1�i.&t-1 ,
1992 .
look
Michael Lam, Ma
ATTEST: '
Wilma J. Thomas, CMC/AAE
City Clerk