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Min 06/04/1991 700 Wichita Falls, Texas Memorial Auditorium Building June 4, 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. Don Kirkham - Mayor Pro tem David Farabee - Terrance E. Loughry - Paul Hughes - Councilors J. W. Martin - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk Michael Lam - Absent Angus Thompson - Absent The invocation was given by Councilor Martin. Item 3a Rebecca Morrison, a Library employee, was honored as Employee of the Month for June. Mayor Pro tem Kirkham presented her with a plaque, City of Wichita Falls pin, a check, and tickets to a theatre and dinner. Mayor Pro tem Kirkham and three members of the Traffic Safety Commission presented awards to student patrols at Jefferson, Alamo, Huey, and Cunningham Schools. Contributors to a program honoring these student patrols were honored with plaques, as follows: Wichita Falls Police Officers Association, Howard Copeland, with Central Packing Company, Hobby Miller, Burlington Northern Railroad, Bev Tex, and the Texas State Troopers Association. Item 4 Moved by Councilor Martin that minutes of the meetings held May 14 and 21, 1991, be approved. Motion seconded by Councilor Farabee, and carried unanimously. Item 5a - e Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Farabee, and carried unanimously. Minutes of the meetings of the following boards and commissions were received. 701 Item 5a - e cont'd. a. Commission on Aging - May 1, 1991 b. Planning and Zoning Commission - May 8 , 1991 c. Zoning Board of Adjustment - May 15 , 1991 d. Arts Commission - May 22 , 1991 e. Park Board - May 23 , 1991 Item 6a ORDINANCE NO. 56-91 ORDINANCE MAKING AN APPROPRIATION IN THE TRANSIT FUND FROM GRANT REVENUE RECEIVED FROM THE URBAN MASS TRANSPORTATION ADMINISTRATION FOR CAPITAL EQUIPMENT Moved by Councilor Martin that Ordinance No. 56-91 be passed. Motion seconded by Councilor Hughes. Mr. Berzina explained the reason for this request, stating it is an additional appropriation from the budget. Councilor Loughry brought up an earlier subject about the car which was purchased for the Transportation Department, asking how the driver on call could be reached with an unlisted phone number. Mr. Parker explained that of course the Department has the phone number. The motion carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin. Nays: None Item 6b A proposed ordinance was presented rezoning a 4. 86 acre tract of land at 3410 Burkburnett Road, from general commercial to a heavy commercial zone, and granting an appeal to a denial of a conditional use permit to authorize the operation of a salvage yard at that location. Consideration of the ordinance died for lack of a motion. Item 6c Discussion was held on a proposed ordinance concerning nonconforming uses in the Brook Avenue District. Mr. McKinney explained the history behind this request. Regulations were requested to be amended, and he presented four options to the Council. The staff recommends Option One, and Planning and Zoning recommended Option Three. Dick Sutton represented the Southland Association, stating the present ordinance is a product of much negotiation. They believe this area to be a showplace of the community. The owner of this property is aware of the negotiations because he was a part of them in the beginning. They oppose Option Three. It is a nightmare because there are no rules. There is only negotiation. They recommend the council select none of the options, and just say no. 702 Item 6c cont'd. Charles Moose recommended Option Two. Charles Harper addressed the fragility of the Southland Addition, stating that it took more than a year to get the Zoning problems addressed. The homes in our community need to be protected. Intrusion of business in the homes causes problems for the homeowners. A large number of people have invested along the Brook Addition. There are now five non- conforming uses on Brook. He encouraged the Council to hold to the ordinance to keep this fragile group addition in place, and to do as much as possible to retain the present status. Gary Hopkins, 1800 Pearl, represented the Southland Association. He stated they belive the line was drawn in the sand back in 1985 . They feel this property has much potential for a doctor ' s office or other appropriate use. He opposed Option Three. Councilors Farabee, Hughes, Martin, and Loughry favored Option One, which would leave the ordinance intact. It would only change the extension from six months to two years. ORDINANCE NO. 57-91 AN ORDINANCE AMENDING THE WICHITA FALLS CODE OF ORDINANCES, APPENDIX C (ZONING ORDINANCE) , SECTION 3846 CONCERNING NONCONFORMING USES IN THE BROOK AVENUE DISTRICT Moved by Councilor Farabee that Ordinance NO. 57-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None Item 6d ORDINANCE NO. 58-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ADJACENT TO THE SOUTH LINE OF LOT 5 , GAGE ADDITION Moved by Councilor Martin that Ordinance No. 58-91 be passed. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None 703 Item 6e ORDINANCE NO. 59-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR PURPOSES OF A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (S.T.E.P. ) Moved by Councilor Hughes that Ordinance No. 59-91 be passed. Motion seconded by Councilor Martin. Chief Harrelson explained that this program is fully funded except for TMRS and FICA benefits. Charles Moose, of North Central React, favored this program. The motion carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None AW Item 6f ORDINANCE NO. 60-91 ORDINANCE WAIVING SECTIONS 22-1 (A) ( 2 ) , 22-1 (A) ( 9 ) , 22-1(A) (10 ) , OF THE CODE OF ORDINANCES, AND RESOLUTION NO. 2509 , AS AMENDED, TO PERMIT VEHICLES ON THE GRASS, SIGNS AND ANIMALS IN THE PARK, NON-PAYMENT OF THE STANDARD PERCENTAGE OF TICKET SALES, AND RESERVATION OF A PORTION OF JAYCEE PARK BY CIRCUS VARGAS FOR AN EVENT TO BE HELD OCTOBER 11-13 , 1991 Moved by Councilor Hughes that Ordinance No. 60-91 be passed. Motion seconded by Councilor Loughry. Jack Murphy explained that the Circus will provide the clean-up, and that they will pay a flat fee in lieu of ticket sales percentage. The motion carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None The City Council recessed at 9: 30 a.m. to permit Mrs. Sansing to prepare for relieving Mrs. Thomas in taking minutes, who had to answer a jury summons. The meeting was reconvened at 9: 40 a.m. 704 Item 7a RESOLUTION NO. 88-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE JUNIOR LEAGUE OF WICHITA FALLS, THE NORTH TEXAS HOME BUILDERS ASSOCIATION, AND ROTARY CLUB NORTH OF WICHITA FALLS FOR THE CONSTRUCTION OF A FIRE SAFETY HOUSE Moved by Councilor Hughes that Resolution No. 88-91 be passed. Motion seconded by Councilor Martin. Fire Chief James explained the contract with the City, the Junior League, North Texas Home Builders, and Rotary Club North. The structure will be two stories, and will be donated to the City when completed. It will be placed on a trailer and taken to schools for fire safety instruction for two months out of the year, and placed on a concrete slab at Central Fire Station for the remainder of time. He, along with Councilor Martin and Mayor Pro tem Kirkham, commended this project. Charles Moose, 2204 Avenue I, also spoke in favor of it. The motion carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry Hughes, and Martin Nays: None Item 7b RESOLUTION NO. 89-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A VEHICLE MAINTENANCE AGREEMENT WITH WICHITA COUNTY Moved by Councilor Martin that Resolution No. 89-91 be passed. Motion seconded by Councilor Hughes. Mr. Berzina commented on this cooperative agreement, along with Robert Parker, Traffic and Transportation Director. Mr. Parker noted that the County Commissioners have already approved and signed it. The City' s facility was toured by Judge Gipson and Sheriff Callahan, who felt this would save them money on maintenance of their vehicles. He noted it will also be a money saver for the City by allowing them to combine bid requests with the County. Councilor Loughry stated it is basically a good idea, but questioned whether it will be like some cooperative agreements that were done in the past. He noted that County cars will be used more, and the cost of labor will be higher. Mr. Parker explained that maintenance will be billed back to the County at cost plus ten percent. The rate includes the cost of the employee, including benefits. Additional paperwork costs will be covered by the ten percent. Councilor Loughry also had questions about fuel, and covering the additional cost for billing of fuel. Mr. Parker explained that fuel is billed at cost, and that the ten percent added to other charges should cover the costs. 705 Item 7b cont'd. Mr. Berzina agreed that the added ten percent on large billings should balance others, and is confident this will work well. It will be monitored, and if the agreement does not work well, we can modify it. This agreement is similar to the one we have with the County to house prisoners, and can be terminated with 30 days notice. Mr. Loughry expressed concern that this will take away from our services, and asked how we would have enough time for added work when overtime is already being used. Mr. Parker noted that overtime now being used is not for small vehicle maintenance, but for week-end call-outs and heavy equipment. If overtime did have to be used, it would be billed to the County. Councilor Loughry asked if fifteen percent might be better, if there were any guarantees, and if we would go get a broken- down vehicle. He also asked if our parts would be compatible with their vehicles. He suggested this item be tabled until the budget is set. Mr. Parker noted that as a part of the maintenance agreement, we would go get the vehicle. He also said that most County vehicles are the same type for which the City carries parts. Mr. Berzina noted this agreement could prevent budget increases. Councilor Martin favored this cooperative agreement, and would like to see more of them, such as with the school district, if possible. It will save taxpayers money. Mr. Berzina noted that while concerns are genuine, it might make money for the City, and alleviate budget tightness. Councilor Hughes agreed with this approach in that no additional personnel will be needed. It will also increase productivity, and the 30-day termination clause is favorable. Charles Moose, 2204 Avenue I , favored the agreement. The motion carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Hughes, and Martin Nays: Councilor Loughry Item 7c RESOLUTION NO. 90-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FOR THE LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT Moved by Councilor Farabee that Resolution No. 90-91 be passed. Motion seconded by Councilor Martin. Mr. Parker explained this is the FAA lease at Municipal Airport, and only one clause has been added this year. The motion carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None 706 Item 7d RESOLUTION NO. 91-91 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRMS OF ALAN PLUMMER AND ASSOCIATES, INC. AND CORLETT, PROBST AND BOYD, INC. FOR SECOND PHASE OF TOXICITY REDUCTION EVALUATION AT THE RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Hughes that Resolution No. 91-91 be passed. Motion seconded by Councilor Martin. Mr. Bonnett explained that Toxicity Reduction Evaluation is a rigid test set out by the EPA, and has three phases. The first phase showed some problems. Phase B will now begin and determine what the problem is and where it came from. The problem has to be remedied. The test will also be done at the Northside plant. The motion carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None Item 7e RESOLUTION NO. 92-91 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 "OPERATION BUCKLE DOWN" SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (S.T.E.P. ) Moved by Councilor Martin that Resolution No. 92-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None Item 8a Moved by Councilor Hughes that the bid for estimated annual requirements of ready mix concrete be awarded to OK Concrete in the amount of $98, 400; estimated annual requirements of flowable fill be awarded to Pitts Ready Mix in the amount of $41,250; and estimated annual requirements of masonry sand be awarded to F and F Materials in the amount of $1,550. Motion seconded by Councilor Martin, and carried unanimously. 707 Item 8b Moved by Councilor Martin that the bid for five, 74-inch cut flail mowers be awarded to Case Equipment Company in the amount of $43 , 460. Motion seconded by Councilor Hughes. Mr. Parker explained the advantages of this type mower over the rotary type. The motion carried unanimously. Item 8c RESOLUTION NO. 93-91 AWARD OF BID TO SCALES CONCRETE CONSTRUCTION, INC. FOR THE CDBG CENTRAL FIRE STATION PARKING LOT RECONSTRUCTION PROJECT Moved by Councilor Hughes that Resolution No. 93-91 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None Item 8d RESOLUTION NO. 94-91 AWARD OF BID TO SCALES CONCRETE CONSTRUCTION, INC FOR THE RIDGEMONT DRIVE DRAINAGE PROJECT Moved by Councilor Hughes that Resolution No. 94-91 be passed. Motion seconded by Councilor Martin. Bill Parker explained this project, stating the design was very innovative. The motion carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None Item 9a RESOLUTION NO. 95-91 RESOLUTION TO ACCEPT PROJECT TO INSTALL SLUDGE PUMPS AT NORTHSIDE WASTEWATER TREATMENT PLANT AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Moved by Councilor Hughes that Resolution No. 95-91 be passed. 708 Item 9a cont'd. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Pro tem Kirkham, Councilors Farabee, Loughry, Hughes, and Martin Nays: None Item l0a Charles Moose, 2204 Avenue I, urged the City to request an FCC investigation on radio interference. He also commented on the need for trimming overhanging trees. Item 10b Councilor Loughry inquired concerning inadequate parking at Jaycee Park during YMCA kid baseball games. Mr. Murphy stated that a large unpaved area South of the fields is available; however, the need is recognized, and is on the list. Mrs. Thomas returned to the Council Meeting at this time. Councilor Martin asked for an update on the McGrath Creek bridges and Maurine Street. Mr. Bonnett explained they are within thirty days of starting on Maurine Street. The engineer has come up with a solution on the bridges, and they anticipate a three week construction period. The other bridge will have to be closed for some restorative work. All four bridges will be replaced when McGrath Creek work is done. Councilor Martin also requested that all stop signs be checked to make sure there are no overgrown trees covering these signs. Bob Parker indicated he would take care of this. Councilor Hughes noted that he had requested the City Attorney to research the matter of phone solicitation and misrepresentation. He stated that the Commission on Disabilities would like to do away with the old 1941 ordinance and write another one which will be more compatible in helping protect the citizens who receive these calls, and provide for a $500 fine for misrepresenting the purpose or cause or misrepresenting the affiliation with a charitable or business entity. The Council agreed to place it on the agenda for consideration. Mayor Pro tem Kirkham noted that enforcement would be virtually impossible, but it might be a deterrent for someone. Councilor Farabee complimented the Mayor Pro tem for his handling of the meeting. Mayor Pro tem Kirkham mentioned interference with radios, stating in his opinion there is no way to get the FCC in here to investigate, but don't hesitate to call them if necessary. Ronnie James noted various options, stating they feel it is probably intentional. 709 Item 10b cont'd. Mayor Pro tem Kirkham noted that the carport issue will be on the agenda of the June 12 meeting of the Planning and Zoning Commission. Item 10c Mr. Berzina noted the willingness of the Junior League to fund and operate a restaurant in the proposed nature center at Lucy Park. It is a multiple year funding situation, with the total amount in or above the $200, 000 figure. They would also be willing to have a part in operation of the Nature Center with volunteer help. We may be close to the half way funding situation, but we are not yet to the point of bringing it back with a green light. Mr. Berzina reported on the sewer problem on Bridwell Street, stating they have informed the person that they do not feel they can honor the claim she presented. From a legal standpoint it is a very defensible position. One of the things they found during the investigation is the number of sewer back- ups each month. There was grease in the line which could have come from any one of three houses. They find basketballs, soccerballs, and other build-up. In this case we heard about the clean-out valve. It is not a relief line. It is put in there to give City crews and private plumbers access to the problem. Duct tape is placed below the surface so that something does not get into the line during construction. It is not designed to come off. It did not matter whether there was any tape below this cast iron lid with a cap. It does not enter into this situation at all, and had nothing to do with the back- up. We do not generally pay for these unless there is negligence. The system did not fail, and that is why the City took the position it did. The clean-out valve is placed in there as a courtesy. Mr. Bonnett noted that the Falls will be shut down today and tomorrow for maintenance. Mayor Pro tem Kirkham thanked everyone for their cooperation in the meeting today. Item 10d The City Council recessed into executive session at 10: 55 a.m. , according to Article 6252-17, Section 2(e) , V.A.C.S. The meeting reconvened at 11: 42 a.m. Item l0e Moved by Councilor Martin that settlement of the case of Harlow and Anderson vs. City of Wichita Falls and Tom Wilson be authorized. Motion seconded by Councilor Hughes, and carried unanimously. 710 The meeting adjourned at 11: 42 a.m. PASSED AND APPROVED this the �U day of 1991. Gi Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk