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Min 04/02/1991 652 Wichita Falls, Texas Memorial Auditorium Building April 2, 1991 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 j David Farabee - Charles Thomas - Angus Thompson - Paul Hughes - Councilors J. W. Martin - Don Kirkham - James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk I The invocation was given by W. L. Davis, Anderson Chapel AME Church. Item 3a Matthew C. Rogers, of the Traffic Engineering Department, was honored as Employee of the Month for April. Mayor Lam presented him with a plaque, City of Wichita Falls pin, and dinner and theatre tickets. Mayor Lam presented proclamations for Special Olympics Week and Wichita Falls Clean Country Month. Item 4 Moved by Councilor Thompson that minutes of the meeting held March 19, 1991, be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 5a - 7d Moved by Councilor Kirkham that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None 653 Item 5a RESOLUTION NO. 55-91 RESOLUTION NAMING REPLACEMENT JUDGE AND ALTERNATE JUDGE FOR MAY 4 , 1991, CITY ELECTION Item 5b RESOLUTION NO. 56-91 RESOLUTION TO GRANT CONDITIONAL ENCROACHMENT UPON CITY OF WICHITA FALLS DRAINAGE EASEMENT ON LOT 1, BLOCK 59 , SECTION 7-D, FOUNTAIN PARK ADDITION Item 5c RESOLUTION NO. 57-91 RESOLUTION TO ACCEPT THE RE-ROOFING AND SEALING WALLS AT THE MARTIN LUTHER KING CENTER PROJECT AND AUTHORIZE FINAL PAYMENT TO LYDICK-HOOKS ROOFING COMPANY Item 5d RESOLUTION NO. 58-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE DEPARTMENT OF COMMERCE FOR THE LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT Item 6a The bid for a 52, 000 GVW truck tractor was awarded to Hodges Truck Center, Inc. , Wichita Falls, in the amount of $65 , 691. Item 7 Minutes of the meetings of the following boards and commissions were received. a. Mayor' s Commission on Status of Women - March 7, 1991 b. Commission on Aging - March 9, 1991 c. Board of Electrical Examiners - March 14, 1991 d. Zoning Board of Adjustment - March 20, 1991 Item 8a A public hearing was opened on annexation of a 0. 26 acre lot along Bonny Drive. No one desired to be heard, and the hearing was closed. Item 9a ORDINANCE NO. 26-91 ORDINANCE WAIVING SECTION 22-1(A) ( 9) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND ALCOHOLIC BEVERAGES AND RESERVATION OF A PORTION OF HAMILTON PARK BY THE WICHITA FALLS SYMPHONY FOR A PUBLIC CONCERT SEPTEMBER 14, 1991 Moved by Councilor Martin that Ordinance No. 26-91 be passed. 654 Item 9a cont'd. 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 9b i ORDINANCE NO. 27-91 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 JAYCEE PARK ON JULY 4, 1991 FOR A FIREWORKS EVENT Moved by Councilor Thomas that Ordinance No. 27-91 be passed. Motion seconded by Councilor Martin. Councilor Kirkham requested that Mr. Murphy recheck the date of this event for a possible conflict of interest with Sheppard Air Force Base activities. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9c ORDINANCE NO. 28-91 ORDINANCE WAIVING SECTION 22-1(A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT BANNERS AND NON-PAYMENT OF THE $2. 00 PER PLAYER TOURNAMENT FEE BY THE WICHITA FALLS TENNIS ASSOCIATION FOR A SUPER SECTIONAL TENNIS TOURNAMENT IN HAMILTON PARK AND WEEKS PARK JUNE 7-15, 1991 Moved by Councilor Thomas that Ordinance No. 28-91 be passed. Motion seconded by Councilor Martin. Mr. Berzina explained that this fee has been waived the past two or three years. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9d ORDINANCE NO. 29-91 ORDINANCE WAIVING SECTION 22-1(A) (9) OF THE CODE OF ORDINANCES TO PERMIT BANNERS IN BRIDWELL PARK BY KLUR RADIO FOR A KLUR/TRU VALUE COUNTRY SHOWDOWN MAY 19 , 1991 655 Item 9d cont'd. Moved by Councilor Thompson that Ordinance No. 29-91 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 9e ,r ORDINANCE NO. 30-91 ORDINANCE WAIVING SECTION 22-1(A) ( 9) AND SECTION 21-1 (A) ( 2 ) OF THE CODE OF ORDINANCES TO PERMIT BANNERS AND VEHICLES ON THE GRASS IN BRIDWELL PARK BY KLUR RADIO FOR A GOSPEL SHOW MAY 5, 1991 Moved by Councilor Hughes that Ordinance No. 30-91 be passed. 1141 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. 31-91 AN ORDINANCE AMENDING APPENDIX C, WICHITA FALLS CODE OF ORDINANCES (ZONING ORDINANCE) ESTABLISHING BED AND BREAKFAST REGULATIONS AND PROVIDING FOR A SEVERABILITY CLAUSE Moved by Councilor Martin that Ordinance No. 31-91 be passed. Motion seconded by Councilor Hughes. Roger McKinney explained the affected sections of the AAMA Zoning Ordinance, stating that most of these facilities will be located in older residential areas to retain the residential structure. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9g ORDINANCE NO. 32-91 AN ORDINANCE REZONING 4909 JOHNSON ROAD, NORTHEAST 340 FT. X 400 FT. CORNER OF OUR REDEEMER LUTHERAN CHURCH SITE SUBDIVISION, WICHITA FALLS, TEXAS, FROM SINGLE-FAMILY (SF-2 ) TO LIMITED OFFICE (LO) ZONE (REZONING R-91-03 ) 656 Item 9g cont'd. Moved by Councilor Thompson that Ordinance No. 32-91 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 9h ORDINANCE NO. 33-91 AN ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, VACATING, AND ABANDONING A PORTION OF A NORTH-SOUTH ALLEY LYING BETWEEN HENDERSON' S RESURVEY AND POWELL & GORMAN SUBDIVISION OF BLOCK 230 , ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS; AUTHORIZING THE CONVEYANCE OF THE PORTION OF THE ALLEY TO THE FEE OWNER; FINDING AND DETERMINING THE MEETING THAT THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC IN ACCORDANCE WITH THE LAW Moved by Councilor Thomas that Ordinance No. 33-91 be passed. Motion seconded by Councilor Hughes. Mr. McKinney responded to questions posed by Councilor Thomas concerning the alley closure, stating no easement is being retained. Mr. Humbach explained that the fee cannot be waived under the local government code. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9i ORDINANCE NO. 34-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON OLD IOWA PARK ROAD ADJACENT TO THE SOUTH LINE OF LOTS 1 & 2 , BLOCK 8 , PRIDDY SUBDIVISION Moved by Councilor Martin that Ordinance No. 34-91 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 657 Item l0a RESOLUTION NO. 59-91 RESOLUTION DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE SOLD BY SEALED BIDS Moved by Councilor Martin that Resolution No. 59-91 be passed. Motion seconded by Councilor Thompson. Discussion was held on the bids in relation to the appraised value. The Council has authority to accept or reject all bids. There is no history of property being redeemed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10b '141 RESOLUTION NO. 60-91 RESOLUTION AUTHORIZING AGREEMENTS TO PARTICIPATE IN THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE Moved by Councilor Hughes that Resolution No. 60-91 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 10c RESOLUTION NO. 61-91 A RESOLUTION BY THE CITY COUNCIL OF WICHITA FALLS, Aft TEXAS, APPROVING PARTICIPATION IN TELEPHONE FRANCHISE STEERING COMMITTEE; AND DECLARING AN EFFECTIVE DATE Moved by Councilor Hughes that Resolution No. 61-91 be passed. Motion seconded by Councilor Martin. Mr. Berzina noted that even though the franchise has expired, the telephone company has continued to pay the fee, but this is a statewide effort to come up with something that is fair to everyone, and uniform across the state. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None 658 Item 11a William C. Young, 1018 Widows Lane, appeared in regard to fire hazards in the City. He requested an ordinance be prepared requiring fire breaks between property owners. Mayor Lam stated that he will appoint a committee to work with Mr. McKinney, Mr. Humbach, and Chief James to find out what is being done in other cities. Councilor Martin suggested they also look at the problem of large plots of private land where water stands. Naomi Clark, Executive Director of Big Brothers and Big Sisters, requested waiver of the $2 .00 fee for a tennis tournament on April 19-21, 1991 , to benefit that agency. Councilor Kirkham noted that the Park Board did not recommend waiving the fee. Mayor Lam requested that an ordinance be prepared for consideration at the next meeting. Item llb Councilor Martin called attention to the many activities going on in the park areas. Councilor Kirkham noted the Christmas in Spring project on April 6. He also noted Wichita Falls Day in Austin, and Mr. Berzina stated it will be on April 30 and May 1, 1991. Councilor Kirkham suggested contact with County officials with regard to location of fairgrounds at the County Farm. Councilor Thompson suggested a location somewhere near the river. Councilor Thompson requested an Affirmative Action report at the next meeting. He also commented about fiberglass pipe along the Old Iowa Park Road, and rodent concerns. Mayor Lam named Councilors Farabee and Martin as participants in a canoe race at Spring Fling on April 28. Mayor Lam noted complaints from business owners from the Seventh Street and Farris neighborhood, stating they need more police protection. He also noted a complaint on Northshore Drive where paving is not bonding. Councilor Thompson related a complaint from Kings Grocery Store on Seventh Street concerning congregation of persons engaged in drinking across the street. Councilor Kirkham mentioned reports of the increase in numbers of assaults in the City. Chief Harrelson stated they are up all over Texas and the United States. Councilor Kirkham noted they are still working on the Farmers Market project. 659 Item llc Mr. Berzina addressed some of the things discussed on their visit to the Corps of Engineers in Washington, stating they agreed to pay five percent of the redesign cost of the dam, which would be $10,000. They felt the Bill would go better if they agreed to do this. Mr. Berzina also commented on the easement located on property near Maurine Street, stating the City would recommend that the businessmen pay for what they had requested. The City will dig a ditch for the easement. Mr. Bonnett addressed asbestos and the landfill, stating that no asbestos can be placed in the sanitary landfill. We have not received any Category II asbestos in the past, and will not receive it in the future. Building demolition contractors need to be aware of the federal regulations on building asbestos. There are very stringent record keeping requirements. Category I asbestos will have to go to a hazardous waste site. Tires cannot be taken to the landfill unless they are quartered, splintered, or shredded. They are looking at the private industry to handle this. Item lld The City Council recessed at 9: 47 a.m. for ten minutes, followed by an executive session according to Article 6252-17 , Sections 2 (e) (f) , V.A.C.S. The meeting reconvened at 11: 10 a.m. , and immediately adjourned. PASSED AND APPROVED this IWvday of 1991. Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk