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Min 07/02/1991 719 Wichita Falls, Texas Memorial Auditorium Building July 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 David Farabee - Terrance E. Loughry - Angus Thompson - 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 Councilor Martin. Item 3a Emma Genice Wilson, Street Department, was honored as Employee of the Month for July. Mayor Lam presented her with a plaque, City of Wichita Falls pin, a check, and tickets to a theatre and dinner. Item 4 Moved by Councilor Thompson that minutes of the meeting held June 18, 1991, be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 5a - 6d Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 5a RESOLUTION NO. 102-91 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 0470-050-0065 720 Item 6 Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - June 5, 1991 b. Water Resources Commission - June 7, 1991 c. Board of Electrical Examiners - June 12, 1991 d. Planning and Zoning Commission - June 12, 1991 Item 7a A public hearing was opened on the final statement of community development objectives and proposed use of funds under the Housing and Community Development Act of 1974, as amended. Charles Woodward, 1717 Midwestern Parkway, requested grant money for the Railroad Museum, stating they have also applied under the hotel/motel funds. He requested $35 , 000 for track, and $10 , 000 for fencing. He was advised to put the request in writing. Mr. Berzina noted that all requests would be considered by the Council for the total amount of available funds. Discussion centered around the various projects and amounts for each, with Mr. Berzina pointing out a total amount of 1. 4 Aftk million dollars. Eligibility and use for various projects was also noted. Mr. Dockery commented that sanitation funds can be used for the Sunnyside area. Mr. McKinney also noted that mowing funds are budgeted in the regular city budget, and that two-thirds to three-fourths of the $35,000 budget is spent in District 2. The Iowa Park Road area was also mentioned by Councilor Kirkham. The public hearing was closed. Item 8a ORDINANCE NO. 65-91 ORDINANCE WAIVING SECTION 22-1(A) ( 2) AND SECTION 22-1 (A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND VEHICLES ON THE GRASS BY KAUZ CHANNEL 6 TV IN KIWANIS PARK ON JULY 6 , 1991 Moved by Councilor Farabee that Ordinance No. 65-91 be passed. Motion seconded by Councilor Hughes. Councilor Kirkham stated that this request was not reviewed by the Park Board. They were polled by telephone, and did not have any objection to it. This matter has been known for quite some time, but they failed to meet the deadline for getting it on the agenda before the Park Board. He questioned the size of the anticipated crowd, stating he does not believe there is any way of keeping them off the grass. Mr. Murphy stated they will use string to keep them off the grass, stating this park has an irrigation system. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: Councilor Kirkham 721 Item 8b ORDINANCE NO. 66-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM DESIGNATED FUND BALANCE AND AUTHORIZING THE REPLENISHMENT OF FUNDS FROM UNDESIGNATED FUND BALANCE Moved by Councilor Thompson that Ordinance No. 66-91 be passed. Motion seconded by Councilor Martin. Mr. Berzina explained the various funds for which this is �.- needed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8c ORDINANCE NO. 67-91 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO AUTHORIZE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION IN A LIMITED COMMERCIAL ZONE, SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT Moved by Councilor Martin that Ordinance No. 67-91 be passed. Motion seconded by Councilor Kirkham. Ed Bond, owner of Otto' s Grocery on Harrison Street, noted that his customers are requesting the sale of beer and wine at this store. He stated that he had a petition with 350 signatures on it in support of this request. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8d ORDINANCE NO. 68-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AS AMENDED ACCEPTING SAME Moved by Councilor Hughes that Ordinance No. 68-91 be passed. Motion seconded by Councilor Martin. Mr. Edmondson explained that this is an amendment to the current contract with the Texas Department of Health, and is fully funded by the State of Texas. 722 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 9a RESOLUTION NO. 103-91 RESOLUTION APPROVING SECOND AMENDMENT TO CONTRACT FOR AMBULANCE SERVICE TO WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK, TEXAS Moved by Councilor Hughes that Resolution No. 103-91 be passed. Motion seconded by Councilor Farabee. Mike Harmon, of Life Line Ambulance, requested a five percent increase in fees. Councilor Farabee asked what AM percentage of fees are deemed reasonable and customary by the average insurance company? Mr. Harmon noted they collect most of these charges from private insurance. They collect only about sixty percent from Medicare. They write off thirty to thirty-five percent of their uncollected accounts; however, much of this is medicaid and medicare patients. He stated they will not see any increase in medicare fees for two years because of the way it is allocated. Councilor Thompson stated he believes the middle class and those with money pay for the ambulance costs. He questioned the high costs of hospital transfers, stating that these fees are not actually written off; somebody pays for it. Other questions were addressed by Mr. Harmon pertaining to mileage and engine maintenance. The motion carried by the following vote, with Mayor Lam abstaining. Ayes: Councilor Farabee, Loughry, Thompson, Hughes, and Martin Nays: Councilor Kirkham Item 9b RESOLUTION NO. 104-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WICHITA COUNTY AND THE CITIES OF BURKBURNETT AND IOWA PARK FOR ALLOCATION OF THE SUBSIDY FOR CONTRACT WITH LIFE LINE EMERGENCY MEDICAL SERVICES, INC. Moved by Councilor Hughes that Resolution No. 104-91 be passed. 723 Item 9b cont'd. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: Councilor Kirkham Item 9c RESOLUTION NO. 105-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH WICHITA COUNTY FOR CERTAIN ANIMAL CONTROL SERVICES Moved by Councilor Martin that Resolution No. 105-91 be passed. Motion seconded by Councilor Hughes. Mr. Edmondson explained the purpose of this agreement, and how charges would be paid. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9d RESOLUTION NO. 106-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE TEXAS URBAN FORESTRY COUNCIL FOR MATCHING TREE GRANT Moved by Councilor Thompson that Resolution No. 106-91 be passed. Motion seconded by Councilor Farabee. Mr. Berzina explained that this program would benefit nurseries and tree farms. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10a Moved by Councilor Martin that the bid for a cylinder refill system for the Fire Department be awarded to Ingersoll-Rand Corporation in the amount of $29 ,665 . Motion seconded by Councilor Hughes. Chief James explained that this is compressed air for breathing tanks. 724 Item 10a cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 9:45 a.m. , and reconvened at 10: 02 a.m. Item lla Elizabeth Ludy and Betty Harvey addressed the Council on the need for bus transportation to the grocery store on Wednesday, stating that for eight years they have had this service, and now it has been discontinued. Cleata Williams, 1417 North 7th, requested that the North Side route and the Wednesday bus service be reinstated, stating that many senior citizens use this service. �* Nd Louis Esquibel, 1317 North 6th, supported the senior citizens in bus transportation for shopping. Nicky Ross, who works for the senior citizen center, stated that transportation is a major concern for senior citizens, and the grocery bus is a lifeline for them. Robert Parker, Transportation Director, noted that when this program started they had the capacity of providing it, but they do not now have enough bus drivers to support the federally funded routes. He stated that they presently lose $61. 00 per trip, plus the driver ' s salary, for this bus service. Every driver he presently has is drawing big overtime on the regular routes because of a shortage of drivers. Mr. Berzina suggested they take a look at this for other alternatives, and if they find a way they will meet with the people. He noted that we will be hard pressed to find a way to retain it, but will report back to the Council. Ross Gholke appeared regarding a non-profit Christian Refuge Center group now located in a limited commercial zone on Grant Street. They cannot now stay open past 11:00 p.m. , but would like permission to stay open until 1: 00 a.m. Councilor Farabee asked about options, which were explained by Mr. McKinney and Mr. Humbach, who confirmed that hours of operation cannot be addressed under this in a conditional use Zone. Mayor Lam advised that he address the Zoning Board on this matter. Item llb Councilor Thompson stated that he still wants a tour of District 2 , and also noted the need for a clean-up effort on the East Side. He also mentioned needs at 1105 and 1117 Williams Street. Mr. Bonnett explained they are working with the people. 725 Item llb cont'd. Councilor Kirkham asked for an update on the Lake Kickapoo project. Mr. Bonnett explained that it is almost complete. Although the job is about five months over schedule, there are some off-setting reasons. He also noted that Archer City and Wichita Valley Water Supply Company both had an option to relocate during this construction but chose not to do so. They have the option to take water. Councilor Kirkham also urged Mr. Murphy to empty the Clean Country barrels more often. Councilor Farabee asked for a report on Lake Wichita. Mr. Bonnett stated a report is due on July 31 , 1991. He stated the soil boring results indicate from 3-9 feet depth of silt. The material appears not to be toxic, but is extremely high in organics. It is recommended that if it is used, there should be a two-foot cover over the top, and we cannot build on it. He believes it is premature to give any plans until the report has been received. i Councilor Martin noted that the downtown merchants feel we should give some thought to making all one-way streets into town into two-way streets. He requested a study of the entire downtown area, including both East and Westbound. Councilor Loughry suggested making a flashing light at 10th and Van Buren. Also, a barricade has been setting at 9th and Beverly for six or seven weeks. Councilor Loughry mentioned paying citizens overtime for seat belt enforcement. Chief Harrelson explained that this money was given to them by the State. Wearing seat belts does save lives. If you can keep the driver under the wheel you have a better chance of saving lives. It is good in this sense, but had he had the option he may have spent it somewhere else. Councilor Martin noted that he looks at it as one of the state mandates. Councilor Loughry suggested we try to save trees in Williams Park by removing webb worms. Item llc Mr. Berzina updated the Council on the walks and ramps in Rotary Park. Mr. Berzina noted the holiday on July 4, stating garbage would be picked up on July 3 , 1991 Fred Werner responded to the water cut-off situation, stating they have a high volume and verify as best they can over the telephone. They do make a mistake occasionally, and in one instance there seems to have been a miscommunication. 726 Item lld The City Council recessed into executive session at 11 : 10 a.m. , according to Article 6252-17, Section 2 (g) , VACS. The meeting reconvened at 12: 18 p.m. Item lle Moved by Councilor Kirkham that the following be appointed to the Library Advisory Board and lay representatives. a. Carrie Hadley (replacing Barry Hall) - June 30, 1993 b. Beverly Singleton ( lay representative) - August 31, 1993 c. Wilda Geyer (alternate lay representative) - August 31, 1993 Motion seconded by Councilor Hughes, and carried unanimously. Item llf Moved by Councilor Kirkham that Scott Cannaday be appointed to the Zoning Board of Adjustments and Appeals (replacing William Kidd) for a term to expire December 31, 1991. Motion seconded by Councilor Hughes, and carried unanimously. Moved by Councilor Kirkham that Roger Murphy be appointed alternate member for a term to expire December 31, 1992. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry The City Council adjourned at 12: 21 p.m. PASSED AND APPROVED this the day of , 1991. Michael Lam, Rayor ATTEST; Wilma J. Thomas, CMC/AAE City Clerk