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Min 03/19/1991 643 Wichita Falls, Texas Memorial Auditorium Building March 19 , 1991 Item 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) - Councilors Paul Hughes - J. W. Martin - Don Kirkham - James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by John D. Ward, Country Chapel. Item 3 Moved by Councilor Farabee that minutes of the meeting held March 5, 1991, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Items 4a - 8a Item 7c was moved to the regular agenda. Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Martin, and carried by the following vote. i Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None Item 4a RESOLUTION NO. 42-91 RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT WITH UNION PACIFIC COMPANY FOR WATER PIPELINE CROSSING Item 4b RESOLUTION NO. 43-91 RESOLUTION NAMING REPLACEMENT ALTERNATE JUDGE FOR MAY 4, 1991 , CITY ELECTION 644 Item 4c RESOLUTION NO. 44-91 RESOLUTION TO APPROVE RAW WATER PURCHASE CONTRACT WITH MR. ART WILLIAMS FOR AGRICULTURAL IRRIGATION PURPOSES Item 4d RESOLUTION NO. 45-91 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR THE NORTH DRAINAGE BASIN SANITARY SEWER IMPROVEMENT PROJECT, APPROVING THE APPRAISALS, �,.. SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Item 4e RESOLUTION NO. 46-91 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNTS #2040-149-0000 & 3850-116-0000 Item 4f RESOLUTION NO. 47-91 A RESOLUTION AUTHORIZING AN ALLEY ENCROACHMENT BY AN EXISTING BUILDING LOCATED AT 900 BROOK AVENUE, WICHITA FALLS, TEXAS Item 5a RESOLUTION NO. 48-91 RESOLUTION TO AWARD BID TO WPW UTILITIES FOR RELOCATION OF WATER LINE ON MIDWESTERN PARKWAY Item 5b The bid for the City' s annual supply of lubricants was awarded to Grozier Mann Oil Company in the amount of $47,086 . 96 . Item 6a RESOLUTION NO. 49-91 RESOLUTION TO ACCEPT PROJECT TO INSTALL IMPROVEMENTS AT THE SECONDARY RESERVOIR Item 6b RESOLUTION NO. 50-91 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL w PAYMENT TO THE CONTRACTOR FOR THE RIVERSIDE/ROSEMONT CEMETERY ROAD REHABILITATION PROJECT Item 6c RESOLUTION NO. 51-91 RESOLUTION TO ACCEPT PROJECT TO INSTALL IMPROVEMENTS AT SANITARY SEWER LIFT STATION AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR 645 Item 7 Minutes of the following boards and commissions were received. a. Human Relations Commission - February 26, 1991 b. Kemp Public Library Advisory Board - February 26, 1991 d. Wichita Falls/Wichita County Public Health Board - March 1, 1991 e. Commission on Disability - March 4, 1991 Item 8a Bylaws of the Traffic Safety Commission were received. Item 7c Moved by Councilor Hughes that minutes of the meeting of the Park Board held February 28, 1991, be received. Motion seconded by Councilor Martin. Councilor Kirkham stated that these minutes were not included in his agenda folder, and he wanted to address an item contained in them. (Councilor Thompson arrived at this time. ) Councilor Kirkham addressed the Model Boat Club' s request to have a race at the lake located near the softball complex. It would cost some money to get it ready for a race. Glenn Quarles, No. 4 Daisy Circle, requested that the pond at the softball complex be enlarged to accommodate model boat racing. There is an investment of $500 to $600 for each boat. He would expect to bring in from 100 to 200 families for races the first year. Each race would be a three-day event. The March of Dimes would benefit from these races. They race under three National organizations, and would like to schedule a race for early spring. They provide their own insurance with coverage for them and the City. Jack Murphy stated that the specific request is to excavate some on both North and South shores, at an approximate cost of about $8,000. There would be other uses for this lake, as well. He stated that the Park Board supports this activity. Mr. Berzina explained that we first need to see some planning on it, and will bring it back to the Council. The motion to receive the minutes carried unanimously. Item 9a ORDINANCE NO. 20-91 ORDINANCE WAIVING SECTION 22-1(A) (2) AND SECTION 22-1 (A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS AND SIGNS AND THE RESERVATION OF A PORTION OF LUCY PARK ON JULY 27, 1991 FOR A ROD RUN EVENT BY THE NOSTALGIC STREET MACHINE CLUB Moved by Councilor Kirkham that Ordinance No. 20-91 be passed. 646 Item 9a cont'd. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9b ORDINANCE NO. 21-91 'ter► ORDINANCE WAIVING SECTION 22-1(a) ( 2) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS IN A PORTION OF JAYCEE PARK ON APRIL 6-7, 1991 FOR A WICHITA FALLS RADIO CONTROL CLUB TOURNAMENT Moved by Councilor Thompson that Ordinance No. 21-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9c ORDINANCE NO. 22-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON EAST LINCOLN STREET ADJACENT TO THE SOUTH LINES OF LOTS 1-4 , DIAZ ADDITION Moved by Councilor Thompson that Ordinance No. 22-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9d ORDINANCE NO. 23-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON F.M. HIGHWAY NO. 2380 (OLD LAKE ROAD) ADJACENT TO THE NORTH LINES OF LOT 4-A, BLOCK 5 , BEAN & HENDERSON'S LAKESIDE LOTS Moved by Councilor Martin that Ordinance No. 23-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. 647 Item 9d cont'd. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9e ORDINANCE NO. 24-91 ORDINANCE WAIVING SECTION 22-1(A) ( 2) AND SECTION 22-1 (A) ( 9 ) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS AND SIGNS IN JAYCEE PARK AND RESERVATION OF A PORTION OF THE PARK BY KLUR FOR A KITE FLIGHT EVENT ON MARCH 24, 1991 . Moved by Councilor Farabee that Ordinance No. 24-91 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9f ORDINANCE NO. 25-91 ORDINANCE WAIVING SECTION 22-1(a) ( 9) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT BANNERS AND THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND RESERVATION OF A PORTION OF THE PARK BY THE AMERICAN CANCER SOCIETY IN HAMILTON PARK Moved by Councilor Hughes that Ordinance No. 25-91 be passed. Motion seconded by Councilor Martin. Councilor Martin stated that he did not understand why the American Cancer Society would sponsor something with alcohol, when a person with cancer should not be drinking. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: Councilor Thompson Item 10a RESOLUTION NO. 52-91 RESOLUTION TO GRANT ENCROACHMENT UPON, OVER AND ACROSS CITY OF WICHITA FALLS PROPERTY TO WOOD FAMILY ENTERPRISES, INC. Moved by Councilor Hughes that Resolution No. 52-91 be passed. Motion seconded by Councilor Martin. 648 Item 10a cont'd. Councilor Kirkham noted an overlap of three tenths of a foot. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10b RESOLUTION NO. 53-91 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS STATE LIBRARY FOR A LIBRARY SERVICES AND CONSTRUCTION ACT TITLE III GRANT FOR A JUVENILE UNION CATALOG Moved by Councilor Kirkham that Resolution No. 53-91 be passed. Motion seconded by Councilor Thompson. Councilor Hughes asked about long term Council involvement. Library Administrator Linda Hughes explained that it would be for the one year of the grant. There will be no additional cost, and no cash commitment. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10c RESOLUTION NO. 54-91 RESOLUTION APPROVING APPLICATION OF POLICE DEPARTMENT FOR NARCOTIC OFFICER/1 GRANT (SECOND YEAR FUNDING) Moved by Councilor Thompson that Resolution No. 54-91 be passed. Motion seconded by Councilor Martin. Chief Harrelson explained the purpose of this request, stating it will become effective in February, 1992. " The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None 649 Item lla Vernal Huffines, of Mathis, West, and Huffines, made a brief presentation on the annual financial report. He noted that the City has received the GFOA Certificate of Achievement; and that only two percent of the cities in the United States receive this certificate. The Firemen' s Relief and Retirement Fund is shown in the audit for the first time. Fred Werner commented on the stability of the City. He also stated they have exceeded one hundred percent collection rate for the first time in fifteen years. Mayor Lam complimented the entire city staff for their efforts. Mr. Berzina mentioned that a tax warrant from Municipal Court can soon be used to make collections. A police officer can be used in any Court of Record to serve a tax warrant. Item llb George Ritchie, No. 4 Trenton Terrace, appeared regarding property at Brook and Pearl. He believes this property is an exception to the ordinance as stated. He purchased this property twenty-five years ago. A portrait studio was built eighteen months prior to the Zoning Ordinance being passed. This request has been before the Zoning Commission, and they were divided four to four votes. Mr. McKinney explained that Dr. Ritchie is governed by the non-conforming uses in the Brook Avenue District. The language would have to be amended, and bring it back to the Zoning Commission for public hearings, and then to the Council as a recommendation. Mr. Humbach noted that they have discussed some language, and that Dr. Ritchie will be able to continue as he presently is until the problem is resolved. Item llc Councilor Thompson noted that he was pleased to hear the report from the auditor. He expressed hope that in the near future we may be able to arrange a tour of some of the East Side areas, stating there are some things going on which are not reflected in this report. Councilor Kirkham mentioned a large fire this week behind John Tower School, stating it went into a housing area. Discussion was held on land areas, and enforcement of fire breaks in grassy areas. A report will be prepared. Councilors iHughes and Martin concurred on these concerns. Councilor Martin also mentioned calls about dumping in this area, and maintenance of easements. Councilor Thomas commented that our mail is being postmarked in Fort Worth, which has been mailed in Wichita ; Falls. He believes we should go on record as a Council opposing this. It is another indentity we are losing in our city, and we , cannot afford it. 650 Item lld Mr. Berzina mentioned an easement needed on Maurine Street extension. It is being used by Mr. Banta. Various proposals were discussed. He stated they would be willing to leave it as is presently designed by the highway department. He presented a report to the Council. Mr. Bonnett stated that the cost is related to relocation of utilities. They can widen the ditch. Mr. Berzina also handed out a report on the status of the Enterprise Zone and the Neighborhood Watch Foot Patrol. He also stated they are in the process of trying to acquire two 90 cc motor scooters to be used on the park trails. It will bring in added security to the trail system. Mayor Lam noted that he and Charles Thomas will be going to Washington today to testify with Congressman Sarpalius on the McGrath and Holliday Creek projects. They also plan to discuss problems with the Corps of Engineers and Senator Bentsen. Councilor Kirkham reminded them to not forget Plum Creek. Councilor Kirkham commented it is more healthy to walk the trail than to ride a scooter. He would like to see the scooters used as a park patrol, but not necessarily by police officers. Item 11e The City Council recessed at 9: 55 a.m. , for ten minutes, then convened in executive session according to Article 6252-17, Sections 2(e) and (g) , V.A.C.S. The meeting reconvened at 11: 25 a.m. Item llf No appointment was made to the Library Advisory Board. Councilor Kirkham urged District 5 residents to make application. Item llg Moved by Councilor Kirkham that the following be reappointed to the Arts Commission for terms to expire April 30, 1993 . a. John Vitek d. Martha Steimel b. Pat Grozier e. Elizabeth Yarosz c. Ann Funston Motion seconded by Councilor Thomas, and carried "` unanimously. Item llh Moved by Councilor Kirkham that Perry Goolsby be appointed to the Weeks Park Arbitration Panel. Motion seconded by Councilor Thompson, and carried unanimously. 651 Item lli Jan Stricklin explained the bylaws of the Commission on Disabilities with regard to removal of a member for lack of attendance. Moved by Councilor Kirkham that those members be disqualified under the rules of the commission, and that they be notified of their removal. Motion seconded by Councilor Hughes, and carried unanimously. The meeting adjourned at 11 : 32 a.m. PASSED AND APPROVED this hL day of r , 1991 . i I i /0Mihae117or ATTEST: Wilma J. Thomas, CMC/AAE City Clerk Ali