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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