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Min 06/02/1992 61 Wichita Falls, Texas Memorial Auditorium Building June 2, 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 Lt. Jimmy Stevens, Wichita Falls Fire Department Chaplain. Item 3a Linda Summers, Building Maintenance Department, was honored as Employee of the Month for June. Mayor Lam presented her with a plaque, City of Wichita Falls pin, bus ticket, a check, and tickets to a theatre and dinner. Item 4 Moved by Councilor Farabee that minutes of the meeting held May 19, 1992, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item 5 Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Hawkins, and carried unanimously. Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning Commission - May 13 , 1992 b. Board of Electrical Examiners - May 14, 1992 c. Wichita Falls-Wichita County Public Health Board - May 1, 1992 Item 6a A proposed ordinance was presented rezoning Lots 1-8, Block 3A, and Lots 9-15A, Block 2A, Highland Addition (2200 Block of Kemp Boulevard) , Wichita Falls, Texas, from limited commercial zone to general commercial zone (R-92-05) . A motion was made by Councilor Hughes, and seconded by Councilor Hawkins, for its passage. 62 Item 6a, cont'd. Nan Lambert, 2210 Kemp, stated that she needs to sell this property, and requested rezoning in order to facilitate the sale of it. She stated that she had contacted all other property owners on Kemp. Mr. McKinney explained that most of the objections are coming from residential property owners on Fillmore and Buchanan who back up to it. He also addressed a question concerning the RMU designation, stating that it would allow a mobile home, and believes there would be a lot of objections to that. Mrs. Lambert stated she would rather have a a business next to her than some of the neighbors she has had in the past. Elmer Hanvey, 4103 Meadowbrook, stated that he and his brother own a good portion of the property on Kemp Street. He is concerned that if the 2200 block is approved, that perhaps they may be able to also get the 2100 block approved for businesses. He stated the advantages are much greater than the disadvantages. He commented that the people on Fillmore and Buchanan do not understand this, and that is the reason they are objecting. Ed Hanvey, 1512 Hayes, explained that sixty five or seventy percent of the property in this location is either vacant, unoccupied, or commercial. Mr. McKinney explained that these letters were sent to all property owners within 200 feet for their information and/or response. Pat McClane, owner of Ember Shop at 2201 Kemp, stated the neighborhood has gone down-hill. It is limited commercial now, but they cannot get as much for the property as if it were general commercial. In the prior block there are homes and businesses. Councilor Hughes noted differences in the number of notifications listed on Page 6 of 17 in the Planning and Zoning Minutes. Difference in notifications and responses was discussed. Mr. McKinney explained that percentages usually change in notifications to the Planning and Zoning hearing and the City Council hearing. Opposition was expressed in excess of twenty percent of the property owned. It was pointed out that since owners of more than twenty percent of the properties within 200 feet have protested the zoning change, a three-fourths vote of the Council will be required for passage of the ordinance. The motion failed by the following vote. Ayes: Mayor Lam, Councilors Loughry, Hughes, Martin, and Hawkins Nays: Councilors Farabee and Thompson Councilor Thompson suggested that there should be a better way to look at zoning changes in the future. = x Item 6b ORDINANCE NO. 44-92 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON PARKER RANCH ROAD ADJACENT TO THE EAST LINES OF LOT 1, BLOCK 6, DENTON COUNTY SCHOOL LANDS Moved by Councilor Hughes that Ordinance No. 44-92 be passed. Motion seconded by Councilor Martin, and carried by the 63 Item 6b, cont'd. following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin and Hawkins Nays: None Item 6c ORDINANCE 45-92 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON KOVARIK ROAD ADJACENT TO THE NORTH LINES OF LOTS 1 AND 2, BLOCK 40-A, MESA IRRIGATION FARMS Moved by Councilor Thompson that Ordinance No. 45-92 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. 90-92 Moved by Councilor Martin that Resolution No. 90-92 be passed. Motion seconded by Councilor Hughes. Ron Mertens, Board of Commerce and Industry, requested assistance in the enterprise zone for expansion of Howmet. John Parkinson, Refurbishment Manager for Howmet, stated their building is at capacity, and the business is still growing. They need a larger facility to allow for growth. The Joy Manufacturing Building in the East industrial district is available, and he requested they be considered for an enterprise project and a first term non-annexation agreement. Richard Lile, of Howmet, stated that the initial phase indicates they will hire more than 100 persons. It is an investment of five to seven million dollars. The payroll will expand by 2. 6 million dollars. This project will be phased in over a period of twelve to eighteen months. Phase Two goes from 1995 on, and is dependent on the effects of Phase One. Mr. Berzina explained that non annexation agreements are pretty standard in the industrial area of Wichita Falls. He noted percentages of taxes, water, sewer, and sanitation services of the standard rate. He stated they wholeheartedly endorse this. Mr. Mertens stated the Council' s approval of the enterprise zone is time sensitive, and the application has to be in Austin by June 15, 1992. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 64 Item 7b RESOLUTION NO. 91-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO THE R. J. WACHSMAN BUILDING CORPORATION FOR ANY INTEREST OWNED BY THE CITY IN A DRAINAGE EASEMENT ACROSS A PORTION OF BLOCKS 41 AND 49, LAKEVIEW FARMS ADDITION; 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. 91-92 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 7c RESOLUTION NO. 92-92 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE OF TEXAS, THEREBY ENABLING THE WICHITA FALLS POLICE DEPARTMENT TO PARTICIPATE IN "OCCUPANT PROTECTION" SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (S.T.E.P. ) Moved by Councilor Martin that Resolution No. 92-92 be passed. Motion seconded by Councilor Hughes. Councilor Loughry asked about the fine on a seat belt violation, and how much of it goes to the state. Chief Harrelson explained that he could provide the information. He also noted that public service announcements will be made as part of the requirement. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin and Hawkins Nays: Councilor Loughry Item 7d RESOLUTION NO. 93-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS TO UPGRADE SEWER LIFT STATION #38 AND #39, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 93-92 be passed. Motion seconded by Councilor Farabee. Mr. Bonnett explained that this is part of the 1991-92 budget utility program. A six-inch force main will be installed 65 Item 7d, cont'd. instead of two four-inch mains. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: None (Councilor Martin was absent from the Council table. ) Item 7e RESOLUTION NO. 94-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS ON EUEL STREET, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 94-92 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 7f RESOLUTION NO. 95-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS FOR INSTALLATION OF A NEW WATER LINE ON RIVERCREST DRIVE, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; 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. 95-92 be passed. Motion seconded by Councilor Farabee. Mr. Bonnett addressed the reason for this request, stating a new water line will be installed. There is a problem of low water pressure in this area. He stated we will have easements over existing property. This is part of the 1991-92 budget utility replacement program, and he expects to bid it in August. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 66 Item 7g RESOLUTION NO. 96-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH BONNET RESOURCES CORP. , A BANC ONE CO. , SUCCESSOR OF THE FIRST NATIONAL BANK OF WICHITA FALLS, TEXAS ACROSS A PORTION OF THE ALLEY IN BLOCK 164, ORIGINAL TOWNSITE, AND INDIANA AVENUE ABUTTING SAID BLOCK, FOR THE EXISTING STRUCTURES LOCATED ON LOTS 1-A & 4-A, BLOCK 164 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. 96-92 be passed. Motion seconded by Councilor Martin. Andy Lee, with Rosemark Realty, explained this encroachment will allow closing on this property. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Iwo Nays: None Item 8a RESOLUTION 97-92 RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE WEEKS AND HAMILTON PARK TENNIS COURT RENOVATION PROJECT Moved by Councilor Farabee that Resolution No. 97-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, and Martin . Nays: Councilor Hawkins (Councilor Hughes was absent from the Council table. ) Item 9a RESOLUTION NO. 98-92 RESOLUTION TO AWARD BID FOR ESTIMATED ANNUAL ,. REQUIREMENTS OF READY MIX CONCRETE AND FLOWABLE FILL TO PITTS READY MIX Moved by Councilor Martin that Resolution No. 98-92 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None (Councilor Hughes was absent from the Council table. ) 67 The City Council recessed at 9 : 40 a.m. The meeting reconvened at 9: 55 a.m. Item 10a Leon Sanner, 5007 Lakeshore Drive, handed out a picture to the Council, stating it is the gate on Lake Wichita where they open to let water out. He stated no water is running out of the lake. Chat has been dumped over the valves. He stated the lake has been at spillway level since December. He requested that the water be drained about two feet. Mr. Berzina explained that the chat is there because we are not letting water out while work is being done on the sanitary sewer. Also, the chat was placed over the valves because someone was opening them up. Mr. Sanner stated that he had water 14 1/2 inches deep in his living quarters in 1982 . George Miller, 4713 Fairway Boulevard, stated a drainage ditch runs across the back of his property. It is not concreted above or below it. In order to get it final platted, the City of Wichita Falls would like for him to concrete it. Mr. Bonnett stated it is not to concrete in the ditch, but to pass a 10-year event in the channel, and keep a 100-year event out of the area. He stated there are properties upstream which will develop. As they work with these property owners each will be required to i meet the 100-year event. Mayor Lam requested Mr. Bonnett to get with him and tell him the procedures he needs to follow to request a waiver. Giola Ozuna, 1309 Giddings, asked about the ordinance being changed on garage sales. Mayor Lam explained that the staff is happy with it the way it is now. Item 10b Councilor Loughry asked Mr. Bonnett a question about valve torque pressure on equipment on the side of his vehicle. Mr. Bonnett stated he would be happy to give the Council an operating manual if they desire it. Councilor Loughry mentioned insufficient time to call anyone when he receives a meeting notice on Friday for a meeting to be held on Monday. Mr. Berzina commented that he shares his concern, but sometimes they have to do these things to meet the 72-hour posting notice requirement. It was set because of timing involved. Councilor Martin thanked the staff and departments for the prompt and efficient way they handle problems when he goes to them. Councilor Hawkins asked Bob Parker about persons hanging out the back of trolleys. He noted an incident last Saturday about 6: 30 in Expressway Village. Mr. Parker stated he would check on it. A report was also given on signs on Ridgeway and Maurine Streets. Councilor Hawkins noted a lot of congregating at a car wash located at Fairfax and Burkburnett Road. Councilor Hawkins noted an agreement for the janitorial contract at the airport. It was explained that nothing has changed since last year. The contractor' s son is working for her. 68 Item 10b, cont'd. Councilor Thompson expressed hope that the Planning Department would work with the areas where changes are taking place with age, etc. Perhaps grants can be used to help in fueling the economics and community development. Mayor Lam noted that the Holt Hotel continues to deteriorate. Mr. McKinney stated they have advised the owner that he needs to take some corrective action. Councilor Hawkins stated that the owner is trying to come to some terms to give it to the Historical Society. Mayor Lam mentioned a contact from Texas State Technical College in Waco concerning some of our airport funds. He suggested they be put on the list for some possible funds. Bob Parker commented they will have trouble with their taxiway. Item 10c Mr. Berzina handed out various memos to the Council. One of them deals with combining two or three commissions into one board. - - - - - - - Mr. Bonnett noted the lead and copper testing program, stating we passed with flying colors. They have also been working with some property owners regarding permanent refuse containers. Item 10d The City Council recessed into executive session at 10: 25 a.m. , according to Article 6252-17, Section 2(g) V.A.C.S. The meeting reconvened at 10: 55 a.m. Item l0e Moved by Councilor Hughes that Dr. Ron Fischli be appointed to the Cable Advisory Committee to replace Dr. June Kable. Motion seconded by Councilor Martin, and carried unanimously. Item 10f Applications are needed for the Board of Electrical Examiners. Item 10g Moved by Councilor Hughes that Jack Bock and Charles Dennis be reappointed to the Planning and Zoning Commission, and that Michael Koen be appointed (replacing Benny Daniel) , all for terms to expire May 31, 1995 ; that Charles Dennis be reappointed Chairman of the Planning and Zoning Commission for a term to expire May 31, 1993 . Motion seconded by Councilor Martin, and carried unanimously. Item 10h Moved by Councilor Hughes that the expiration date of the term of James McIntyre to the Commission on Aging be changed to May 31 , 1993 . 69 Item 10h, cont 'd. Motion seconded by Councilor Martin, and carried unanimously. The City Council adjourned at 11:00 a.m. PASSED AND APPROVED this the /I/-//L/ day of , 1992. Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk F �_.