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Min 05/21/1991 687 Wichita Falls, Texas Memorial Auditorium Building ` May 21, 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 David Farabee - Terrance E. Loughry - Angus Thompson - Paul Hughes - Councilors J. W. Martin - Don Kirkham - Jim Berzina City Manager Greg Humbach City Attorney Debra K. Sansing Acting City Clerk (for Wilma J. Thomas) The invocation was given by David Edwards, former pastor of Central Baptist Church. Item 3 Moved by Councilor Farabee that minutes of the meeting held May 7, 1991, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Item 4a - 6e Item 6a was moved to the regular agenda. Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 4a RESOLUTION NO. 80-91 RESOLUTION APPROVING AND AUTHORIZING A LEASE CONTRACT WITH THE WICHITA FALLS BOAT CLUB FOR A LOT ON NORTH SIDE OF LAKE WICHITA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LEASE CONTRACT 688 Item 5a RESOLUTION NO. 81-91 RESOLUTION TO ACCEPT THE CDBG RENOVATIONS TO THE RED DOOR SENIOR CITIZENS CENTER AND AUTHORIZE FINAL PAYMENT TO WALLACE AND RAUB CONTRUCTION COMPANY, INC. Item 6 Minutes of the meetings of the following boards and commissions were received. b. Landmark Commission - April 18, 1991 c. Commission on Disability - May 6, 1991 d. Board of Directors Reinvestment Zone No. 1 - May 6 , 1991 e. Board of Electrical Examiners - May 9, 1991 Item 6a Moved by Councilor Kirkham that the minutes of the April 23 , 1991 meeting of the Library Advisory Board be received. Motion seconded by Councilor Farabee. Councilor Kirkham noted that the new library system allows the number of patrons to be recorded. He also noted during the month of April, 1991, 14,000 people used the library, with 1 ,830 people patronizing it on April 12, 1991 . Councilor Kirkham requested that a record of the number of library patrons be included with future Library Advisory Board minutes. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7a A public hearing was opened on an amendment to the previously approved Final Statement of Community Objectives and Proposed Use of Funds Under the Housing and Community Development Act of 1974 , as Amended. Jim Berzina explained that the River Walk Trails Project, the Seventh Street Railroad Project, and the CDBG portion of Holliday Creek Project have been completed under budget levels. The staff recommends re-allocating these funds to a $76 , 285 change order for the Borton, Amber, Lee, and Redbud Street Project, the re-roofing of Fire Station #2, and construction of handicapped ramps and concrete walkways for Rotary Park. Mr. Berzina also stated after a second hearing on these matters the council would be able to pass this item. Gary Ford, 4302 Phillips, stated after observing the difficulty involved in maneuvering wheelchairs in the street to obtain access to Project Playground, he feels that making Rotary Park handicapped accessible is very worthwhile. William C. Young, 1018 Widows Lane, commented that making Rotary Park handicapped accessible is even more essential than making the downtown area handicapped accessible. He urged the Council to pass this item. 689 Item 7a cont'd. Councilor Loughry asked questions regarding the presumed benefits of the handicapped accessible project qualifying for CDBG funds. Jim Berzina replied that the CDBG rules allow for handicapped accessible projects. Councilor Loughry also inquired about the need for the change order. George Bonnett explained that this was to establish a corpus of funds for anticipated change orders for this project. Mr. Berzina further explained that we are unable to approve a change order unless there are funds set aside for that purpose, and if the funds go unspent, the Council can re-appropriate those funds to another CDBG project at a later date. Councilor Hughes expressed appreciation to the Commission on Disabilities, the Park Board, and Mr. Ford for their support of the Rotary Park project. Councilor Thompson stated that he hoped the street project will begin soon. Mayor Lam declared the hearing closed since no one else wished to heard. Item 8a ORDINANCE NO. 51-91 AN ORDINANCE MAKING APPROPRIATION FROM T. I .F. FUNDS IN THE AMOUNT OF $15,000 FOR PARTICIPATION IN THE COSTS OF PUBLIC IMPROVEMENTS CONSISTING OF LANDSCAPING AND ASSOCIATED IMPROVEMENTS ADJACENT TO LOT 1-A, BLK 4, BELLEVUE ADDITION, WICHITA FALLS, TEXAS, AND AUTHORIZING PAYMENT TO THE DEVELOPER FOR THE SAME Moved by Councilor Hughes that Ordinance No. 51-91 be passed. Motion seconded by Councilor Thompson. Councilor Kirkham stated that he was in favor of the funds being used in this positive manner. Councilor Farabee commented that money being used for improvements that will benefit the public is a good cause. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8b ORDINANCE NO. 52-91 AN ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, VACATING AND ABANDONING A PORTION OF AN EAST - WEST ALLEY ABUTTING THE NORTH PROPERTY LINE OF A 1. 38 ACRE TRACT OF LAND OUT OF LOT 1, BLOCK 4, BELLEVUE ADDITION (900 BROOK AVENUE) , WICHITA FALLS, TEXAS; AUTHORIZING THE CONVEYANCE OF THE PORTION OF ALLEY TO THE FEE OWNER; AND FINDING AND DETERMINING THE MEETING THAT THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC IN ACCORDANCE WITH THE LAW 690 Item 8b cont'd. Moved by Councilor Kirkham that Ordinance No. 52-91 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8c ORDINANCE NO. 53-91 ORDINANCE WAIVING SECTION 22-1 (A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND RESERVATION OF A PORTION OF WILLIAMS PARK BY THE SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE 22 JUNE 1991 Moved by Councilor Thompson that Ordinance No. 53-91 be passed. Motion seconded by Councilor Farabee. Councilor Thompson invited the City Council and Staff to attend the Southern Christian Leadership Conference. W. C. Young, 1018 Widows Lane, appeared to explain the events and cost of tickets for the conference, and encourage everyone to attend. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8d ORDINANCE NO. 54-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE FOR PURPOSES OF A DRUG ABUSE RESISTANCE EDUCATION PROGRAM Moved by Councilor Hughes that Ordinance No. 54-91 be passed. Motion seconded by Councilor Farabee. Chief Harrelson summarized the D.A.R.E. program, and stated it was 100% funded with no additional personnel required, and should begin in January. Councilor Farabee stated he would rather see education before the fact than rehabilitation after the fact. Councilor Martin asked if the City would act as administrators. Chief Harrelson replied that the City would be administrators. 691 Item 8d cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8e ORDINANCE NO. 55-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE FROM CRIMINAL JUSTICE DIVISION, GOVERNOR'S OFFICE, AND MATCHING GRANT REVENUE FROM OTHER GOVERNMENTAL ENTITIES FOR PURPOSES OF DRUG ENFORCEMENT Moved by Councilor Kirkham that Ordinance No. 55-91 be passed. Motion seconded by Councilor Farabee. Chief Harrelson explained that this ordinance sets the budget area where the money will be held. Mayor Lam asked for clarification of the breakdown. Chief Harrelson stated the North Texas Regional Drug Enforcement Task Force has $60 ,000 in drug seizure money that is expected to be applied towards matching funds. Chief Harrelson also commented on the high level of return participation in the Task Force. Mayor Lam stated this all shows that this program works. Councilor Kirkham inquired if the amount was the same as last year. Chief Harrelson replied it was the same. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9a RESOLUTION NO. 82-91 RESOLUTION ACCEPTING GRANT AWARD FROM THE TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE FOR FUNDING OF THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM Moved by Councilor Hughes that Resolution No. 82-91 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None 692 Item 9b RESOLUTION NO. 83-91 RESOLUTION AUTHORIZING CITY MANAGER TO ACCEPT THE NORTH TEXAS REGIONAL NARCOTICS TASK FORCE/2 GRANT AWARD Moved by Councilor Thompson that Resolution No. 83-91 be passed. Motion seconded by Councilor Farabee and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9c RESOLUTION NO. 87-91 RESOLUTION SUPPORTING THE BOARD OF COMMERCE AND INDUSTRY (BCI ) CONVENTION/VISITOR BID FOR WICHITA FALLS TO HOST THE 1993 TEXAS MUNICIPAL LEAGUE (TML) ASSOCIATION OF MAYORS, IJ COUNCIL MEMBERS AND COMMISSIONERS INSTITUTE Moved by Councilor Farabee that Resolution No. 87-91 be passed. Motion seconded by Councilor Hughes. Mayor Lam explained that this mid-summer TML convention will cause exposure with other communities, and will bring approximately 900 people to the City. Councilor Hughes commented on the positive aspects this would have for our city. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10a RESOLUTION NO. 84-91 RESOLUTION ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS TO CONVEY TITLE Moved by Councilor Kirkham that Resolution No. 84-91 be passed. Motion seconded by Councilor Farabee. Dorcas Chasteen explained that all bidders are required to submit a cashier ' s check for ten percent of their bid, which is held until the property is taken. 693 Item 10a cont'd. Mayor Lam inquired about the school district' s involvement. Mrs. Chasteen replied that the school district and the County Commissioners had already acted on this and will not act further until the execution of the deed. Mayor Lam also asked how the bids were rejected. Mrs. Chasteen stated the rejection is based on her recommendation and the value of the property. If the bid is rejected the property is offered again. Councilor Martin asked if the bid is sufficient at twenty- five percent when the appraisal is higher than the worth due to deteriorated state. Mrs. Chasteen replied that the state of the property is considered when accepting bids, and overall the bids were pleasing. Councilor Kirkham inquired regarding the redemption period. Mrs. Chasteen explained the former property owner has two years to take back possession of the property if all back taxes are paid, and the current owner is paid the purchase price. Councilor Martin asked if the bidders are informed of this. Mrs. Chasteen replied that it is procedure to inform every bidder. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10b RESOLUTION NO. 85-91 AWARD OF BID TO ZACK BURKETT CO. FOR THE 1990-91 MILL AND OVERLAY PROJECT Moved by Councilor Kirkham that Resolution No. 85-91 be passed. Motion seconded by Councilor Martin. Councilor Loughry asked why some streets are being overlaid when other streets seem to need it worse. Bill Parker stated that a street inventory is kept and constantly updated, and that the overlay will prevent serious deterioration. Some streets cannot benefit from overlay but must be reconstructed. Mayor Lam noted that the staff used good judgment in the timing of the bids, and asked what the status was for remaining funds. George Bonnett replied that approximately $260,000 is remaining, and proposed that those funds be held in reserve until Midwestern Parkway bridges are completed, and then the remainder used for possible expansion of this project. Jim Berzina also commented on the favorable outcome of the timing of the bids. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None 694 Item 10c RESOLUTION NO. 86-91 RESOLUTION TO AWARD BID TO UTILITY CONTRACTORS OF AMERICA, INC. FOR 1990-91 BUDGET UTILITY IMPROVEMENTS PROJECT Moved by Councilor Martin that Resolution No. 86-91 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham ; - Nays: None Item lla William C. Young, 1018 Widows Lane, appeared regarding police protection for Sunnyside. He stated that after a crime the police visibility is high, but subsides after a while. Mr. Young also commented that he believes the amount of police protection is too low in that area, and that a recent call was ineffectively handled. He would also like more police patrols. Mayor Lam requested Mr. Young to provide information that might clarify his request. Chief Harrelson commented they have provided more patrols, and would like to look into any incident that may have been mishandled. Chief Harrelson referred to a recent crime that was very effectively and quickly handled. Councilor Martin asked if, to Chief Harrelson' s knowledge, an officer has ever advised anyone not to file charges. Chief Harrelson responded that no officer had, to his knowledge, ever advised that, and most officers do everything possible to make a case. Councilor Loughry requested a list of patrols assigned to that area, showing the date and time. Councilor Loughry also commented that there may be need for residential patrols. Chief Harrelson stated that a list of regular and additional patrols can be produced, and pointed out that residential patrols do occur when units are not occupied with calls. Chief Harrelson also commented on Neighborhood Watch reports, which are sent to the Neighborhood Watch Patrols on request. Councilor Kirkham suggested that reports be sent to the Sunnyside Neighborhood Watch Patrol automatically, and inquired about the increased amount of assaults being listed in the paper. Chief Harrelson replied that street type assaults account for around 14 percent of the increase, while sexual assaults are down somewhat. However, the amount of family violence assaults has increased due to procedural changes in family violence calls. 695 Item lla cont'd. Linda Hoagland, 2205 Bridwell, appeared regarding a sewage back-up that occurred at her residence. Miss Hoagland showed the council charts of the sewer lines, and pictures taken during the clean out of the city sewer line. Miss Hoagland stated that when the back-up occurred, she called a plumber immediately, who discovered the clean out pipe in the street was covered by duct tape. The plumber broke open the duct tape, and the back-up of sewage ceased in her home, and proceeded into the street. Miss Hoagland stated that she contacted the City' s Risk Management Department, and after their arrival, was told that the City was not liable. Miss Hoagland then stated she filed a claim with the City Clerk' s office, and requested that the City reimburse her for expenses. Councilor Martin requested that she also turn in an adjustment from her insurance company, and inquired if the duct tape being removed remedied the back up in her home immediately. Miss Hoagland stated it did, and she will submit the insurance adjustment when she receives it. Mayor Lam asked for clarification as to where the pipe was located. Miss Hoagland responded by indicating on a chart she had furnished. George Bonnett commented that it would be appropriate to research this incident, and handle through normal procedures. Jim Berzina stated that the full claim would need to be submitted in order to begin processing. Mayor Lam requested that a report be submitted from the Engineering Department regarding this incident. Greg Humbach stated that according to the Tort Claim Act, a City' s liability is confined to incidents involving motor vehicles, or motorized equipment. Councilor Kirkham stated that crews should begin the clean up process of the street. Councilor Thompson agreed. Mayor Lam stated that the council will be responsive to this situation. Stanley J. Grider, 4727 Roanoke, appeared regarding the establishment of a sister city in Japan, Australia, or Great Britain. Mr. Grider stated that increased awareness may help to increase the City' s economic development. Councilor Thompson stated he was in favor of this, but would need to consider the distance and other obstacles that might be involved. He also suggested the State might be of some help, since they maintain an office in Japan. Councilor Farabee commented that he agreed with Councilor Thompson and felt it would be a worthy venture. Mayor Lam stated that the Council formed a committee for this purpose, and encouraged any organization or civic club that has ties with foreign countries to become involved in this idea. Councilor Martin stated the idea is good but needs to be researched with common interests in mind. Councilor Hughes commented that he also was in favor of this, and encouraged Mr. Grider in this venture. 696 Item lla cont'd. Mayor Lam referred Mr. Grider to Norma Crane, and stated that during an upcoming personal trip to France, he will also look for an opportunity to establish connections there. Item 11b Councilor Loughry inquired about overflow problems from the Lucy Park duck pond. Jack Murphy replied that they are working on a solution to that problem. Councilor Loughry also commented about the possible need for the traffic signal at loth Street and Van Buren Street to be ,_.: changed to a flashing red light in the evening hours, and the need for bushes to be trimmed. Mr. Berzina stated a report would be prepared. Councilor Martin commented about the recovery of bricks that have been dislodged from Lucy Park Trail and thrown in the river. Jack Murphy stated that they would look into this situation. Aft Id Councilor Martin also commended Crime Stoppers for the excellent job they have been doing. Councilor Hughes relayed a comment from a District 3 citizen regarding the good job the Police Department was doing, and noted that good news often in not spread enough. Councilor Farabee commented on a recent tour he took of the Cypress Water Treatment Plant, and thanked the Public Works Department Department for their cooperation. Councilor Farabee also stated that advertisement could be used in the future to make the public aware of these tour. Councilor Kirkham inquired about the current setback requirements for carports and fences, and whether a change could be made to accommodate those who have less than the required amount of setback. Roger McKinney responded that the only recourse for the homeowner is to obtain a variance from the Zoning Board of Adjustments, and further explained the criteria used for issuing the variance. Councilor Martin stated that a carport can sometimes be an enhancement and questioned if obtaining neighbor' s signatures was part of the procedure for obtaining a variance. Mr. McKinney replied that obtaining neighbor' s signatures was no longer part of the procedure. Councilor Martin also suggested that since the need for a carport often comes after a garage has been closed in, that the requirements for carports be given out when a permit for garage enclosure is issued. Councilor Loughry asked if the citizens were made aware that if the variance was not granted, the application fee would not be refunded. Mr. McKinney stated that it is part of their procedure to inform the citizens of that fact. 697 Item llb cont'd. Councilor Hughes commented that this would always be a divided issue amoung the public, and pointed out that the ordinance does not prohibit carports, but provides for a twenty- five foot setback. Councilor Hughes also inquired about the number of carport variances that the Zoning Board of Adjustments issues. Roger McKinney explained that unless there is something unusual in the lot dimensions, a variance is seldom granted. Councilor Kirkham commented on the need for education among the public regarding carports. Mr. McKinney stated that information is sent out to licensed contractors, but most violations occur from carports constructed without permits. Councilor Kirkham also inquired about the status of a recent lawsuit regarding a carport violation. Greg Humbach stated that he would prepare a report regarding that situation. Jim Berzina pointed out that at the time the requirements were written, Police and Fire Department personnel indicated that anything less than twenty five feet would affect their ability to perform their services. Mayor Lam encouraged everyone to consider the problems other communities are having with this issue, and requested that reports be prepared by the Planning and Zoning Commission and city staff, as well as a report showing how other cities have dealt with this. Councilor Thompson commended the Police Department and Chief Harrelson for a job well done, and highlighted the young people of Sunnyside and their upcoming fundraiser. Councilor Thompson also commented on a June fifteenth picnic sponsored by the Sunnyside Neighborhood Watch Program, and extended an invitation to the council. Mayor Lam commented on the Police Department' s speedy resolution of a recent crime in Sunnyside, and commended Councilor Thompson for his presence in the neighborhood. Mayor Lam also expressed gratitude to the neighborhood for their cooperation. Councilor Martin also commented on the quality of the Police Department. Item llc Jim Berzina informed the council that the City now has a signed Local Agreement with the Army Corps of Engineers regarding the last stage of Holiday Creek Phase III. Mr. Berzina commented that the work should begin the latter part of this year. Mr. Berzina also stated that the State Highway Department is anticipating a project to widen Southwest Parkway from Allendale Road to Kell Boulevard, and would only require the city to purchase some drainage easement. Mr. Berzina commented on the status of the Sears Building, and the need for the council to consider the level of insurance and maintenance that will be required for future purposes. Mr. Berzina also passed out reports on the overpass, and the status of current projects. 698 Item llc cont'd. Mr. Berzina commented on a proposed project to widen Plum Lake for model boat racing, and informed the Council of the need to consider possible conflicts, such as lack of funds and conflicting use with paddle boats. Mr. Berzina also stated that if the project were approved and city crews were used, this work would need to be done after street repair season. Fred Werner addressed the council regarding changes in the appraised values, and possible questions from citizens. Mr. Werner stated that appraisals are generally lower this year, and the Wichita Appraisal District has issued Appraisal Statements that reflect a higher tax rate than what is currently in effect. ` ... Chief Harrelson thanked Councilor Thompson for his involvement in the Sunnyside neighborhood and commended the Neighborhood Watch Program. Chief Harrelson also encouraged any Neighborhood Watch Chairman or Block Captain to contact him or other staff when problems occur. Item lld The City Council recessed into executive session at 10 : 40 a.m. , according to Article 6252-17, Sections 2 (e) (f) , V.A.C.S. The meeting reconvened at 12: 04 p.m. Item lle Moved by Councilor Kirkham that Ann Kisor and Bill McGregor be appointed, and Sally Bradburn be reappointed to the Planning and Zoning Commission. Motion seconded by Councilor Farabee, and carried unanimously. Item llf Moved by Councilor Kirkham that Randy Cox be appointed, and Bette Butler and Robert Lennard be reappointed to the Board of Electrical Examiners. Motion seconded by Councilor Thompson and carried unanimously. Item llg Moved by Councilor Kirkham that Lynnette Springberg be appointed to the Mayor' s Commission on the Status of Women. Motion seconded by Councilor Farabee, and carried unanimously. 699 Item llh Moved by Councilor Kirkham that Carrie Hadley be appointed to the Human Relations Commission. Motion seconded by Councilor Hughes, and carried unanimously. Item lli No action was taken under item lli. The meeting adjourned at 12: 08 p.m. PASSED AND APPROVED this the -�vday of L�t4L/ 1991 . Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk ��L