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Min 10/06/1992 139 Wichita Falls, Texas Memorial Auditorium Building October 6, 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 Harvey McMurray, City View Baptist Church. Item 3a Vernon Steed, Park Department, was honored as Employee of the Month for October. Mayor Lam presented him with a plaque, City of Wichita Falls pin, bus tickets, a check, and tickets for a dinner. Proclamations were presented to Altrusa, International, Taste of the Town North Texas Restaurant Association, and Crime Prevention Month. A petition was presented to the Council by Lubin Moise regarding problems associated with the open sale of drugs in District 2. He stated that 806 concerned citizens signed the petition. He noted that a joint prayer service is being held on the East side, and invited the Council to attend. Reginald Blow, 805 Rosewood, commented that they are under siege on the open air drug market, and asked for the Council ' s support. He stated they realize this would not be tolerated anywhere else in the City. Mayor Lam commented that he knows this Council and Mr. Thompson anguishes over this tough problem. Their show in strength and a desire to not let it happen is a positive step taken. He assured them they have the support of every member of this Council. Mr. Berzina stated we know we have a tough problem here. One of the things we have to have is the cooperation of the people in the area. He is assured that we have their support today. They will have to get tough to control this, and they will need their support. The City will hear that they are not doing it right. One of the tough things is that some people live right in the area. Chief Harrelson thanked Mr. Moise and the East side for getting the people together. He stated that the Police alone will never solve this problem unless they have the support of the community. They need the support of citizens by being witnesses, etc. They did not get the response of the East side that they hoped they would a year and a half ago, but he feels 140 Item 3a, cont'd. they have it now. They are dealing with the same drug dealers over and over, and they get out of jail. Higher bonds are now being set. Many of these people dealing drugs are sons and daughters of citizens of this community. They are carrying arms, and they have to be careful how they take the arms away. It is hard to take the arms away, and not hurt them. In those cities where it made a difference, the citizens got behind the officers, and it worked. The East side ministerial alliance has made a difference. Councilor Thompson stated this group here today shows that they are behind the police force. When people cannot live in peace and have a decent life, it is time to do something. They have individuals here representing a large part of our community. They want it stopped in all areas, whatever it takes. He stated he does not subscribe to being soft. Mayor Lam encouraged the same petitions with the same numbers to go to the District Attorney, Justice of the Peace, Judges, etc. , so that they also get the message. Chief Harrelson commented that he was involved in the Martin Plaza situation as an officer, and one of the reasons they were able to clear up Martin Plaza was that the people out there said we don' t want it. They became involved by taking pictures, license plate numbers, became witnesses, etc. This is what he means by citizen cooperation. Item 4 Moved by Councilor Hughes that minutes of the meeting held September 15 , 1992, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 5a-6g Items 5a and 5b were moved to the regular agenda. Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item 6 Minutes of the meetings of the following boards and commissions were received. a. Aviation Advisory Board - August 26, 1992 b. Wichita Falls/Wichita County Public Health Board - August 28 , 1992 C. Wichita Falls Cable Television Advisory Committee - September 8, 1992 d. Planning and Zoning Commission - September 9, 1992 e. Commission on Disability - September 14 , 1992 f. Library Advisory Board - September 22 , 1992 g. Park Board - September 24, 1992 141 Item 5a RESOLUTION NO. 155-92 RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT WITH U. S. WEST PUBLIC SAFETY GROUP FOR SOFTWARE SUPPORT FOR POLICE DEPARTMENT Moved by Councilor Martin that Resolution No. 155-92 be passed. Motion seconded by Councilor Hughes. I Chief Harrelson explained to Councilor Loughry that this software contract provides for continuous updates and also continuous maintenance. It is an annual contract that has decreased from $44,000 per year, which makes today' s cost almost half of what it has been. He stated that the same is true with Item 5b. He also explained to Councilor Hawkins that the replacement on item 5b has been upgraded. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 5b RESOLUTION NO. 156-92 RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO CONTRACT WITH DIGITAL EQUIPMENT CORPORATION FOR MAINTENANCE OF THE POLICE DEPARTMENT AND FIRE MANAGEMENT COMPUTER SYSTEM Moved by Councilor Martin that Resolution No. 156-92 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 7a RESOLUTION NO. 157-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH MICHAEL PAYNE ACROSS PORTIONS OF CERTAIN 10 FOOT UTILITY EASEMENT LYING BETWEEN LOTS 20 & 19 , BLOCK 54 , FOUNTAIN PARK, SECTION 7-D, WICHITA FALLS, TEXAS, FOR THE EXISTING STRUCTURE LOCATED ON THE LOT IN ACCORDANCE WITH THE ENCROACHMENT AGREEMENT; 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 No. 157-92 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 142 Item 7b RESOLUTION NO. 158-92 RESOLUTION MODIFYING THE CRITERIA FOR STORM WATER FACILITIES IN THE CITY OF WICHITA FALLS Moved by Councilor Thompson that Resolution No. 158-92 be passed. Motion seconded by Councilor Thompson. Councilor Thompson stated it would be a burden to them to maintain storm water basins, and we have assumed this responsibility. Councilor Hawkins noted it is only residences that we are accepting responsibility for. Mr. Berzina pointed out that when you change to make the City responsible for maintenance it places the City in a partnership. Some discretion was left to the developer to come up with something which would be best for the City. You would want the City to be in the position to make some suggestions on what will work. It still falls upon the developer to make the decision. Mr. Bonnett explained that this resolution adopts the standards to be used. It is a requirement of the ordinance to have a resolution. You may want to change this criteria sometime. This is the existing resolution. Chuck Dennis addressed the release rate, stating it is low extremely restrictive. He stated the normal is three cubic feet per second, and this is six times the normal, and will continue to burden the taxpayers on their tax bill. He stated it will be designed to minimize maintenance requirements. He commented that this will create a battleground between city staff and developers. Mr. Bonnett stated that the points made by Mr. Dennis are appropriate; that design runoff and maintenance of facility will have to be made known to the staff by the Council on what type of guidance the Council desires. He stated from a maintenance standpoint they are not unreasonable, although some developers will say they are. Councilor Thompson stated he feels this is the best effort to take care of detention. A lengthy discussion continued. Jim Biggs addressed runoff. Councilor Martin stated he is in favor of making the City liable, but we need some kind of detention ordinance. We may want to change it later. Councilor Hughes agreed, stating you pay anyway you go. Councilor Thompson feels some outside engineers should be brought in to assist us because different things; are done in different areas. Alex Warschaw, 4517 Shady Lane, stated that in the final task force report there was nothing dealing with runoff rate. It was addressed in minutes. He agreed with outside engineers coming in who do not have a fixed interest. He agreed that Tanglewood is not the main problem. Bill Parker stated that McGrath Creek is a problem. He suggested unanimous support of , the stormwater detention ordinance. Councilor Hawkins stated that the problem is when someone develops 30 acres they can say they will have to spend $20,000 to satisfy stormwater detention. Whatever they do will come back for waivers. The motion carried by the following vote. Ayes: Councilors Farabee, Thompson, Hughes, and Martin Nays: Mayor Lam, Councilors Loughry and Hawkins 143 Item 7c RESOLUTION NO. 159-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO INITIATE A MEDICAL FIRST RESPONDER PROGRAM IN CONJUNCTION WITH THE LOCAL EMS PROVIDER, LIFELINE EMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION j WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 159-92 be passed. Motion seconded by Councilor Martin. Councilor Hughes stated he feels this is a good program, but has a few concerns. In Section 6 of the procedures manual, he would still want the Fire Department to maintain fire protection as their major intent. He also does not agree that a fireman would need to go to the hospital. Some of the people in the medical community did not see the need that firemen go to the hospital. This would tie them up considerably longer. Ronnie James stated it can be changed. When you are talking about an additional person going to the hospital, it will be CPR, which is very labor intensive. It is very difficult for two people to perform CPR in a moving ambulance. In first responder programs that is how it is usually done. They don' t send one person in on a structure fire. Mike Harmon, Lifeline Ambulance, stated they have additional manpower for CPR because they send two ambulances. Councilor Hughes opposed the firemen subsidizing the ambulance for CPR. This increases the odds of it happening where they have a structure fire, and not have enough people to send to fight the fire. He stated that firemen can communicate with the ambulance, and they will know if CPR is needed. Councilor Thompson stated he believes this language should be left in there, knowing it will not be a matter of practice. Councilor Hughes emphasized that he does not want EMS to change their procedure to subsidize the Fire Department. He does not want the firemen to be a procedure over the ambulance. Mr. Berzina noted that their role is to provide first responder until the ambulance gets there. Councilor Hawkins suggested that in Section 6-6. 1, regarding report to possible exposure to communicable diseases, the word "should" be changed to "shall" . Ronnie James stated this wording is set by OSHA. 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 10: 15 a.m. , and reconvened at 10: 30 a.m. Item 8a A proposed ordinance was presented amending Chapter 32 entitled Water and Sewer, at Section 32-139. A motion was made by Mayor Lam, and seconded by Councilor Hawkins, for passage of the ordinance. It was noted that the ordinance deals with adoption of the recommendation of the storm water task force as they presented it. Councilor Loughry asked if this ordinance requires the City to put together a drainage map, and Mr. Bonnett stated it doesn' t. Mr. Bonnett further noted requirements, as set forth in the National Pollutant Discharge Elimination (NPDES) permits for stormwater systems. Section 405 of the Water Quality Act of 1987 added Section 402(p) to the Clean Water Act. He further noted requirements for cities over 100,00 population, stating this requirement may be altered to make it also mandatory for cities under 100,000 population. 144 Item 8a, cont'd. Mayor Lam stated that this community will be faced with producing affordable housing with the expansion of Sheppard Air Force Base. This will increase the price of housing so that builders will not be competitive with people around us. Without a comprehensive study of the master drainage plan of this city, it will not be money well spent. Councilor Hawkins stated we need some kind of storm water retention. He suggested that we get a master plan so that we can work with this in an intelligent manner. Engineers have looked pretty hard on this in the past. He commented that Mr. Rhone has done an outstanding job in water retention. If we have an ordinance which is too restrictive, we are going to send our builders out of the City, and we will not get the tax dollars. h Alex Warschaw, a Tanglewood resident, stated that if they take this community into the twenty-first century safe and secure about their homes, there will be more taxpayers. John Stamps, 4511 Lisa Lane, stated that he wants a bandaid until we can get a tourniquet. He does not believe developers will leave town. The motion failed by the following vote. Ayes: Mayor Lam, Councilors Loughry and Hawkins Nays: Councilors Farabee, Thompson, Hughes, and Martin Councilor Hughes stated he would like to see the runoff rate studied, along with a survey from other cities. Councilor Thompson also desired outside input from not only staff, but other engineers. Item 8b A proposed ordinance was presented waiving Section 32-139 of the Code of Ordinances with respect to detention requirements for Lot 7, Gage Addition. A motion was made by Mayor Lam for passage of the ordinance, but died for lack of a second. Item 8c A proposed ordinance was presented waiving Section 32-139 of the Code of Ordinances with respect to detention requirements for Lots 33-B and 33-C, Block 33 , Ed Woodall Subdivision. A motion was made by Mayor Lam for passage of the ordinance, but died for lack of a second. Item 8d ORDINANCE NO. 81-92 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1, BLOCK 1, NESSEL SUBDIVISION Moved by Councilor Thompson that Ordinance No. 81-92 be passed. Motion seconded by Councilor Hawkins. Cattie Jackson, Junior and Senior, discussed their request. It was discovered that they were talking about Item 8c, which died for lack of a second. Elvin Dudley, 4001 Callfield, explained that this property is located just outside the city limits. The motion carried by the following vote. 145 Item 8d, cont'd. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8e ORDINANCE NO. 82-92 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR THE PORTION OF THE UNPLATTED AREA OF EXPRESSWAY VILLAGE DRAINING NORTHEAST TO SHEPPARD AIR FORCE BASE Moved by Councilor Hawkins that Ordinance No. 82-92 be passed. Motion seconded by Mayor Lam. Jim Biggs appeared, representing Dave Rhone in Expressway Village. A waiver was requested in order that he can continue according to the master plan in effect for many years. He stated he has not studied the drainage through Sheppard Air Force Base. He stated there is no adverse effect to what it is now. Councilor Martin questioned the effect on Sheppard. Bill Parker stated that drainage within this subdivision is the end of Bear Creek, which runs Southeast across Sheppard. They are at capacity now. They have flooding problems two or three times a year. He would have no objection with using a portion of the park for detention, but would need to check with Legal. Mr. Humbach noted that we have a developed park. Would this be an enhancement to the park, or would it have no effect? Councilor Hughes confirmed that the request is that it be waived. He would have to come back with another request. Bill Parker stated they have had several requests to use various parks, and they are always open to that. Mr. Bonnett stated they would take a look at it. Mr. Berzina noted the Park Board would also need to address it. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, and Hawkins Nays: Councilors Thompson, Hughes, and Martin Item 8f A proposed ordinance was presented waiving Appendix A, Subdivisions Section 9(B) 2(A) of the Code of Ordinances with respect to placing curb and gutter on the North side of Seymour Highway, adjacent to the South line of Lot 7, Block 1, Gage Addition. A motion was made by Mayor Lam and seconded by Councilor Hawkins. The motion failed by the following vote. Ayes: Mayor Lam and Councilor Hawkins Nays: Councilors Farabee, Loughry, Thompson, Hughes, and Martin Item 8g ORDINANCE NO. 83-92 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF OLD IOWA PARK ROAD ADJACENT TO THE SOUTH LINE OF LOTS 33-B AND 33-C, BLOCK 33 , ED WOODALL SUBDIVISION 146 Item 8g, cont'd. Moved by Councilor Thompson that Ordinance No. 83-92 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 8h ORDINANCE NO. 84-92 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF HATTON ROAD, ADJACENT TO THE SOUTH LINE OF LOT 1, BLOCK 6 , SUMMIT VIEW ESTATES Moved by Councilor Hughes that Ordinance No. 84-92 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 8i ORDINANCE NO. 85-92 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE EAST LINE OF LOT 1, BLOCK 1 , NESSEL SUBDIVISION Moved by Councilor Hawkins that Ordinance No. 85-92 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 8j ORDINANCE NO. 86-92 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF COUNTY ROAD, ADJACENT TO THE EAST LINE OF LOT 1, BLOCK 1, NESSEL SUBDIVISION Moved by Councilor Thompson that Ordinance No. 86-92 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 147 Item 8k ORDINANCE NO. 87-92 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1, BLOCK 6, SUMMIT VIEW ESTATES Moved by Councilor Martin that Ordinance No. 87-92 be passed. 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 9a W. K. Shewmake, 2527 Terrace, presented a petition to the Council containing eighteen signatures, requesting that all permits involving alcoholic beverages be cancelled at various events, and that alcoholic beverages no longer be allowed to be served at any city park. Robert D. Forney, developer of Forney' s Corner, requested release of posted funds in the amount of $8 , 341 . 65. These funds have been in escrow with the City since 1988. This development is parallel to Wellington off the Iowa Park Road. Mayor Lam requested the staff to prepare an ordinance for the next council meeting, refunding this man' s money. Item 9b Councilor Thompson expressed appreciation for the support of the East side residents. Councilor Loughry asked Mr. Bonnett about tapping the water line, and Mr. Bonnett stated it has been done by the City during the last eight years. He also mentioned changing a light to blinking at Denver and Tenth. He also requested a stop sign be placed on Avenue L at Buchanan. Mr. Berzina also explained to him that it always takes a month for minutes of meetings of boards and commissions to reach the Council. He had inquired about minutes of the meeting of the Aviation Advisory Board. Mr. Parker further explained that it takes that long to get them approved by the Board, and back to the Council. Item 9c Mr. Berzina noted that he had placed some handouts in the Council boxes. Item 9d The City Council recessed into executive session at 11: 30 a.m. , according to Article 6252-17, Section 2(g) , V.A.C.S. The meeting reconvened at 12: 45 p.m. Mayor Lam announced that board appointments will be placed on the next council agenda, stating they are short of applications for the Library Advisory Board, the Water Resources Commission, and Mayor' s Commission on Status of Women. He encouraged citizens to serve on these important commissions. Direction was also given on establishing a committee on lake lot matters, including leases. Mr. Berzina suggested that each council member come back with some names. 148 Item 9d, cont'd. Councilor Thompson suggested they follow through on their discussion in two weeks. The City Council adjourned at �12: 50 p.m. PASSED AND APPROVED this day of � o�� ,1992 . Michael Lam, Mayor ATTEST: wilma J. homas, CMC/AAE City Clerk