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Min 10/16/1990 i 559 Wichita Falls, Texas Memorial Auditorium Building October 16, 1990 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 - Charles Thomas - Angus Thompson ( late arrival) - Paul Hughes - Councilors J. W. Martin - Don Kirkham - Jim Berzina City Manager Gregory D. Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Reggie Coe, Grace Church. A proclamation was presented by Mayor Lam on Disability Employment Awareness Month. Item 3 Moved by Councilor Kirkham that minutes of the meeting held October 2, 1990, be approved. Motion seconded by Councilor Martin, and carried unanimously. i Items 4a-6f Item 6b was moved to the regular agenda. Moved by Councilor Kirkham that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried by the following vote. I Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 4a RESOLUTION NO. 174-90 '+ RESOLUTION APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION AND AUTHORIZING THE CITY MANAGER AND THE ARTS COMMISSION TO ENTER INTO CONTRACTS WITH SUCH AGENCIES Item 5a RESOLUTION NO. 175-90 i RESOLUTION TO ACCEPT PROJECT TO PAINT ELEVATED AND GROUND WATER STORAGE TANKS AND TO AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT TO CONTRACTOR 560 Item 6 Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - September 11, 1990 b. Human Relations Commission - September 18 , 1990 C. Library Advisory Board - September 25, 1990 d. Arts Commission - September 26, 1990 e. Park Board - September 27, 1990 f. Commission on Disability - October 1, 1990 Item 5b RESOLUTION NO. 176-90 RESOLUTION TO ACCEPT 89/90 BUDGET UTILITIES IMPROVEMENTS PROJECT AS COMPLETE AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT TO THE CONTRACTOR. Moved by Councilor Kirkham that Resolution No. 176-90 be passed. Motion seconded by Councilor Hughes. Mr. Bonnett explained the overage, stating this is a unit price contract - not a lump sum bid. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 7a A public hearing was held on annexation along Southwest Parkway between Gregg and Allendale Roads South of Certain- Teed. No one requested to be heard, and the public hearing was closed. Item 8a ORDINANCE NO. 72-90 AN ORDINANCE AMENDING APPENDIX B, PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS; ADOPTING THE STANDARD PLUMBING CODE, 1988 EDITION, AS REVISED IN 1989, WITH CERTAIN AMENDMENTS AND DELETIONS. Moved by Councilor Hughes that Ordinance No. 72-90 be passed. Motion seconded by Councilor Martin. Jerry Gamble, Plumbing Inspector, explained that there are no major changes, but that new materials and new methods r are now authorized. There was some discussion on changing faucets, which is covered under state law, and also installation of an irrigation system. Mr. Gamble noted that plastic pipe can now be used. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 8b 561 ORDINANCE NO. 73-90 AN ORDINANCE AMENDING APPENDIX B, PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS; ADOPTING THE STANDARD GAS CODE, 1988 EDITION, AS REVISED IN 1989, WITH CERTAIN AMENDMENTS AND DELETIONS. Moved by Councilor Hughes that Ordinance No. 73-90 be passed. Motion seconded by Councilor Martin. (Councilor Thompson arrived at this time. ) Mr. Gamble explained that this will make it more economical and efficient. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8c ORDINANCE NO. 74-90 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (b) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE OLD IOWA PARK ROAD, LOT 2, TRANSCHEMICAL SUBDIVISION. Moved by Councilor Thompson that Ordinance No. 74-90 be passed. Motion seconded by Councilor Martin. Mr. Bonnett addressed the drainage in this area, stating that curb and gutter will not help. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9a A proposed resolution was presented reversing the denial of a conditional use permit for a bail bond office at 1807 Seventh Street, and granting the permit. Mayor Lam called for a motion, and none was made. Jimmy Holland, 809 Indiana, stated that the Council can uphold the previous decision, or refer it back to the Planning Department. He explained the provisions under which a permit can be denied. Dan Cutbirth, Realtor, stated that he owns property across the street, in which his elderly mother lives. In regard to the limited commercial aspect, it is his understanding that on occasions businesses of this nature take property, such as televisions, automobiles, or anything of monetary value, as security for bail bond premiums. There are times that these articles are not redeemed, and 562 Item 9a (Cont'd) disposition of them is necessary. This will place it into a commercial aspect, in that these articles will have to be sold. This business does not have a sales tax license issued through the State Comptroller. He requested that the decision of the Zoning Commission be upheld by the Council. City Attorney Gregory Humbach explained that this is not a request for a zoning change, but a request for a conditional use change, which is discretionary with the Zoning Board. If the Council grants this conditional use permit, it is binding and final. It does not send it back to the Planning and Zoning Commission. Council Bill 272 died for lack of a motion and a second. Item 9b RESOLUTION NO. 177-90 A RESOLUTION AUTHORIZING BETHANIA REGIONAL HEALTH CARE CENTER TO ENCROACH INTO A PORTION OF GRACE STREET RIGHT-OF-WAY, BETWEEN LOTH STREET AND 11TH STREET, WICHITA FALLS, TEXAS Moved by Councilor Hughes that Resolution No. 177-90 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9c RESOLUTION NO. 178-90 RESOLUTION AUTHORIZING THE PURCHASE AND DELIVERY OF 60" REINFORCED CONCRETE PIPE UP TO A $10 ,000. 00 VALUE. Moved by Councilor Kirkham that Resolution No. 178-90 be passed. Motion seconded by Councilor Hughes. Richard Boyd, of Corlett, Probst, and Boyd, requested that the City participate with the owner in this project. Councilor Kirkham noted this will be a good investment for the City since this area is prone to flooding. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9d RESOLUTION NO. 179-90 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTIBLE ACCOUNTS RECEIVABLE TOTALING $45 ,708. 23 FROM AN ACTIVE TO DORMANT STATUS i 563 Item 9d (cont'd) Moved by Councilor Thompson that Resolution No. 179-90 be passed. Motion seconded by Councilor Hughes. Mr. Werner explained that these accounts range from nine months to one year old, and the bulk of them represent unpaid water bills. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham f f Nays: None - - - - - Item 10 was pulled from the agenda. Item lla e RESOLUTION NO. 180-90 I RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE CDBG FALLS TO O'REILLY TRAIL PROJECT Moved by Councilor Martin that Resolution No. 180-90 be passed. Motion seconded by Councilor Thomas. Mayor Lam commended Wayne Scales for doing an excellent job on the trail, stating an appropriate dedication ceremony will be held. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 12a Mr. Berzina explained that the Health Board had recommended that smoking be banned in the Health Department building. Mr. Threadgill and Mr. Warren explained that smoking is only allowed in private offices, the break room, and outside the building. A lengthy discussion followed, with it being noted that we can accomplish this administratively without any ordinance changes. The rights of employees who smoke were addressed, along with the rights of those who do not smoke. Moved by Councilor Kirkham that the City Manager and the Health Department Manager be authorized to take steps to ban smoking, including offices, in the Health building. Motion seconded by Councilor Thompson. Moved by Councilor Thompson that the motion be amended to include the Martin Luther King Center. Motion seconded by Councilor Kirkham. Mr. Berzina emphasized that if this is done administratively, it will cause administrative problems in other City buildings, stating that people will not quit just because you say they can't smoke. 564 Item 12a (cont'd) The motion failed by the following vote. Ayes: Councilors Thompson and Kirkham Nays: Mayor Lam, Councilors Farabee, Thomas, Hughes, and Martin The City Council directed the City Manager to administratively handle this smoking matter in the Health Building and other City buildings. Councilor Kirkham asked that federal statutes be reviewed. Item 12b Mr. Bonnett and Mr. William Parker presented the status of the McGrath Creek project. Design funds have been approved by the Conference Committee to complete McGrath Creek. This is not construction funds. Information was presented on channel designs. Sikes Lake spillway will be relocated. The Taft Street bridge will be the only salvageable bridge. Other bridges were discussed. Councilor Martin asked if we can participate in the County bridge fund for this. Mr. Bonnett explained that the County can share these funds, but it is not mandatory. We would need to go to the Commissioners for approval. Mr. Parker noted that this project will provide 100- year flood protection. Construction, at the earliest, would begin in 1992 or 1993 . The Council requested that we proceed with the Corps of Engineers. The City Council recessed at 10 :00 a.m. , and reconvened at 10 : 15 a.m. Item 12c Paul Goss, 3301 Milby, appeared in opposition to action taken by the Health Department regarding bake sales and home cooked meals at churches and schools. Councilor Lam pointed out that this law was not made in Wichita Falls, but in Austin, which is a state law. Reuben Warren, of the Health Department, explained that they are talking about a parent bringing food for the entire class at school, or to day care centers. Bake sales and church suppers are not included. Roy Crowell, also of the Health Department, further clarified the information concerning day care centers and schools. Mayor Lam summed up the discussion by saying it is business as usual for bake sales for raising money for non- profit groups, along with church pot luck suppers for the membership. The only change is that parents should not prepare food in their own kitchens to send food to schools and day care centers for all children to eat. Darlene Holcomb stated that the National Federation for the Blind was stopped by Sikes Senter from having a bake sale last Saturday at the Mall. Linda Overstreet also appeared in opposition to this, citing bake sales and parties at school for the children. It was explained that the bake sales may continue. The City Manager will prepare information clarifying the City' s policy on food prepared at home. i 565 �tem 12d Mayor Lam clarified the City' s position on Holliday reek Phase III , stating that this Council and the City is interested in the final phase of Holliday Creek, and intend o see the project carried to completion. The City Manager and Director of Public Works are aware of the alternatives, and they will proceed on the basis of the best interests of he City. They will not be under some kind of a gun from the federal government to do certain unwise things as far as cost is concerned. He stated that we will look at our alternatives. Mr. Berzina stated that the City still has the obligation to do something about Lake Wichita dam. This cost belongs to the City. The State established the height of the dam at 993 feet. The Corps wants it 996 feet high. The City feels if they want it that high, they should pay the difference in cost. The best interest of the City ,appears to look at the bids and re-examine the 'specifications. They do not plan to recommend abandoning the project, but it may be in the City' s best interest to pick another time for the dam. Councilor Thompson mentioned drainage problems at the Lincoln Street underpass. Mr. Bonnett stated it has been fixed. He also asked about getting a fence behind River Oaks Nursing Home to protect our citizens from falling into Holliday Creek. Councilor Kirkham mentioned Code Enforcement problems at No. 2 Brandy Circle. Councilor Farabee urged people to vote absentee at the courthouse for the general election. Councilor Martin commented on water standing on Southwest Parkway by Funland, from the sprinkler system, along with Holliday Creek by the golf course. Security at the library was also mentioned. Councilor Thomas expressed dissatisfaction that some of our departments and organizations are endorsing political ,candidates. Under our Charter, we are non-partisan. He expressed concern about how this will look to juries, etc. , stating it is very disappointing to see our City get into this. r. Mayor Lam noted grass being dumped at Sutton and Radney. He also mentioned the irrigation ditch at Cortez !;Street, as well as by Days Inn, which needs mowing. He also ,noted that striping needs to be done on Beverly, South of : Loop 11. Another area needing attention is a low area in , East Lynwood Park where water collects. Mayor Lam asked for a report on where we stand with ! housing assistance and affordable housing. He also suggested that along with curb and gutter, we need drainage channel rules, and suggestions from the staff on how we can improve this in the future. Item 12e Mr. Berzina suggested that two council members work with him and his staff to review the Farmers Market proposals. Councilors Thompson and Kirkham volunteered. 566 Item 12f The City Council recessed into executive session at 11: 15 a.m. , according to Article 6252-17, Section 2(e) , VACS. The meeting reconvened at 11: 45, with no action taken. The City Council adjourned at 11: 46 a.m. PASSFD AND APPROVED this day of 1990 . Michael L m, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk