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Min 07/16/1991 727 Wichita Falls, Texas Memorial Auditorium Building July 16 , 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 Terrance E. Loughry - Angus Thompson - Paul Hughes - Councilors J. W. Martin - Don Kirkham - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk (David Farabee - Absent) The invocation was given by Dr. Isaac Butterworth, First Presbyterian Church. Item 3 Moved by Councilor Kirkham that minutes of the meeting held July 2, 1991 , be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 4a - 6e Items 4a and 6e were 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. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 4b RESOLUTION NO. 107-91 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ATTACHED LIST OF ACCOUNTS Item 5a RESOLUTION NO. 108-91 RESOLUTION TO ACCEPT THE 1990 ALLEY REHABILITATION AND SCOTLAND SEWER SERVICE REPAIR PROJECT AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION COMPANY 728 Item 5b RESOLUTION NO. 109-91 RESOLUTION TO ACCEPT AS COMPLETE A PROJECT TO RELOCATE A WATER LINE ON MIDWESTERN PARKWAY AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Item 6 Minutes of the meetings of the following boards and commissions were received. a. Plumbing and Mechanical Board of Adjustments and Appeals - March 19, 1991 c. Landmark Commission - June 20, 1991 d. Human Relations Commission - June 25, 1991 e. Commission on Disability - July 1, 1991 Item 4a RESOLUTION NO. 110-91 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY A TAXES ON ACCOUNT #5900-000-3012 Moved by Councilor Hughes that Resolution No. 110-91 be passed. Motion seconded by Councilor Thompson. Councilor Martin asked for an explanation of why this check was being made to the county, rather than back to Target. Mr. Werner explained that if it is returned to Target it has to go through their system again, which causes further delay. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 6b Moved by Councilor Hughes that minutes of the meeting of the Zoning Board of Adjustment held June 19, 1991, be received. Motion seconded by Councilor Martin. Councilor Loughry noted a variance request in these minutes regarding a building setback line. The request was denied by a three to one vote by the Zoning Board of Adjustment, stating the full board was not present. Mr. McKinney explained that all requirements were given to the individual. He went before the Zoning Board of Adjustment two times, and it was denied. There is no waiting period for him to appear again, or a limit to the number of times. They would still be required to go through the notification requirement and pay the fee again. Mayor Lam commented that certain responsibilities come in purchasing land, no matter where it is. The City does the best we can to appoint good people to these boards, and try to encourage them to participate and be there. A portion of this responsibility has to be assigned to the property owner. He has been turned down twice. The property is not large enough to put any kind of a building on. 729 Item 6b cont 'd. Mr. Berzina noted that city property is sold by sealed bid. They do not try to get into the matter of what a potential buyer is going to do with it. The motion to receive the minutes carried by the following vote. Ayes: Mayor Lam, Councilors Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry A proclamation was presented by Mayor Lam to the Police Department for National Night Out. It was explained that all residents will be asked to turn on their outside lighting for two hours on August 6 , 1991. This is a crime prevention program of National Association of Town Watch. Item 7a ORDINANCE NO. 69-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON LAKE SHORE DRIVE ADJACENT TO THE NORTH LINE OF LOT 1 , BLOCK 94, LAKE VIEW FARMS Moved by Councilor Thompson that Ordinance No. 69-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7b A proposed ordinance was presented waiving Appendix A, Subdivision Section 9 (B) 2 (a) of the Code of Ordinances with respect to placing curb and gutter on Burkburnett Road adjacent to the East lines of Lots 1 and 2, Block 1 , Bell Addition. A motion was made by Councilor Kirkham, and seconded by Councilor Loughry, for its passage. Mr. Bonnett noted that curb and gutter is presently installed in the immediate area. It has been required at these areas before, and it is feasible to put it in. Bob Kanash stated he had just purchased this property at 4220 Burk Road, stating he has more than 300 feet of frontage along Burk Road. He stated that curb and gutter would not adversely affect him, but could affect some of the businesses there. Mr. Bonnett explained they have been consistent in adhering to the ordinance, except if it would block drainage. 730 Item 7b cont'd. The motion failed by the following vote. Ayes: Mayor Lam, Councilors Hughes, and Martin Nays: Councilors Loughry, Thompson, and Kirkham Item 7c ORDINANCE NO. 70-91 AN ORDINANCE AMENDING SECTION 2-160.7.7 OF THE WICHITA FALLS CODE OF ORDINANCES TO DESIGNATE THE KELL FIELD AIR TERMINAL AT SHEPPARD AIR FORCE BASE AS A LOCAL LANDMARK Moved by Councilor Kirkham that Ordinance No. 70-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Mayor Lam presented the Landmark designation to Dwight Tunnell, Historian at Sheppard Air Force Base, and Gayla Morris, Wichita County Heritage Society. Item 7d ORDINANCE NO. 71-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH Moved by Councilor Thompson that Ordinance No. 71-91 be passed. Motion seconded by Councilor Hughes. Mayor Lam complimented Mr. Edmondson for making application for these grants. " The motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8a RESOLUTION NO. 111-91 RESOLUTION TO APPROVE CONTRACT WITH MICHAEL E. KOEN ARCHITECTS, INC. FOR ARCHITECTURAL CONSULTING SERVICES RELATED TO REPLACEMENT OF THE ROOF AT FIRE STATION NO. 2, 425 BONNER STREET Moved by Councilor Hughes that Resolution No. 111-91 be passed. 731 Item 8a cont'd. Motion seconded by Councilor Thompson. Mayor Lam noted the need for hiring an architect for a roof. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item 8b RESOLUTION NO. 112-91 RESOLUTION APPROVING NON-ANNEXATION CONTRACT WITH BURCAMP STEEL COMPANY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN ( 7) YEARS BEGINNING JANUARY 1, 1992 Moved by Councilor Kirkham that Resolution No. 112-91 be passed. Motion seconded by Councilor Hughes. Mr. Berzina explained the history of this request, and development of other industries on the property. Two additional water lines were run by Burcamp Steel, which is in opposition to our ordinance. The City is also asking that the City ordinances be followed, and not extend water to anyone else, and to terminate the water service to the two persons he has extended a line to. They have asked that water not be run to Mr. Holt. Mr. Berzina recommended that water be terminated. Each installation should have its own water line and meter. They hope to meet with Mr. Sinclair at a later date to work out something with him similar to this non-annexation agreement. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8c RESOLUTION NO. 113-91 RESOLUTION APPROVING THE PROPOSED BUDGET FOR THE NORTEX 9-1-1 COMMUNICATIONS DISTRICT FOR THE PERIOD FROM OCTOBER 1, 1991 THROUGH SEPTEMBER 30, 1992 Moved by Councilor Martin that Resolution No. 113-91 be passed. Motion seconded by Councilor Hughes. Sidney Smith appeared as Executive Director of Nortex 9-1-1 Communications District. He requested approval of the 9-1-1 budget for 1991-92 . Questions were asked about the number of operators answering calls at the dispatching station. He stated they have no control over this. Mr. Berzina clarified that if the City could document that the load was too heavy for the personnel, they would come back to 9-1-1 for discussion of additional funding assistance. 732 Item 8c cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8d Moved by Councilor Thompson that Don Kirkham be nominated to the Board of Managers of the Emergency Communications District of Wichita County. Motion seconded by Councilor Martin and carried unanimously. RESOLUTION NO. 114-91 RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE EMERGENCY COMMUNICATIONS DISTRICT OF WICHITA COUNTY Moved by Councilor Hughes that Resolution No. 114-91 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 9: 35, and reconvened at 9: 50 a.m. Item 9a Brian Ballard, Steve Hopkins, Patricia Anderson, and Herman Sanders appeared regarding the drug problem in Wichita Falls. They noted discussion with Chief Harrelson on these problems, and read a press release from Citizens Building the Ideal Wichita Falls. They endorsed the upcoming police action in all segments of the community. Mayor Lam noted that the Council supports what they want to do. They also recognize that the problem is not limited to the East side. The Chief has updated the Council on some of the data they have possibly discussed with him. They want to make sure the judicial system is supporting them. Mr. Sanders noted they want the city cleaned up, but they want it done as peacefully as possible. Mr. Hopkins expressed hope that this group being formed will be large enough so that they may need some place to meet. Mr. Ballard noted there are those addicted to drugs who would like to stop the habit. Resources are limited for this. 733 Item 9a cont'd. The City Council encouraged this group in their efforts. Gerald Miller, No. 1 Arborgate Terrace, appeared regarding his property which had been put on the demolition list in January. He was given a six month extension; however, no progress has been made on it, and no permits have been issued. Mr. McKinney explained that the City is trying to get compliance with the ordinance. The building is open. Action has been taken in Municipal Court to pursue this. Mr. Humbach explained that no council action can be taken until it is placed on the agenda again. Mr. McKinney noted that a complaint was received from the Police Department on this structure being used for certain types of activity. Item 9b Councilor Loughry mentioned the personnel audit being done, and would like to see all data put together, and how the requirements are arrived at. Councilor Hughes pointed out that the Council directed the City Manager to continue to study personnel requirements, and continue in that direction. Mr. Berzina emphasized that the Council approves the budget, authorizes personnel, and approves appropriations. After that, it is the responsibility of the City Manager to make these decisions. The City Council has no business in getting into personnel records of employees of the City, and he does not plan to turn these records over. Mayor Lam suggested to Councilor Loughry that he meet with the City Manager on this matter. Mr. Berzina stated that the Council has asked that he keep a vigilant eye on where cuts can be made. The Council will shortly receive a budget that will have the impact of these decisions. Councilor Loughry inquired about time frame for sidewalk construction under CDBG funds. Councilor Martin commended the Traffic Department for the sign recognizing Furstenfeldbruck, Germany, as our Sister City. Councilor Martin also noted the need for a fire prevention campaign in our city, stating we have a twenty-five percent fire debit. Councilor Kirkham asked that we look into grants for renovation of the air conditioning and heating unit in this auditorium. John Hirschi had indicated there may be some availability in this area. Councilor Thompson noted the need for a drug treatment facility on the East side, stating the nearest facility for teenagers is in Vernon. 734 Item 9b cont'd. Councilor Thompson noted that Louise Houseworth is leaving the city, and wished her good luck in the future. These sentiments were echoed by Mayor Lam. Item 9c Mr. Bonnett responded to Mayor Lam' s question on Phase III of Holliday Creek relating to the height of the dam. Robert Parker reported on his meeting with the bus group, stating they are looking at options. He explained to Councilor Loughry that UMPTA regulates the routes after they are published. It would seem they are doubling the ridership. Only thirteen drivers are funded. Item 9d The City Council recessed into executive session at 10: 45 a.m. , according to Article 6252-17, Section 2(e) , VACS. The meeting reconvened at 12: 30 p.m. Item 9e Moved by Councilor Hughes that Professors David Guinn and Michael Morrison be retained to perform City Council redistricting necessitated by the 1990 census data. Motion seconded by Councilor Martin, and carried unanimously. Item 9f Moved by Councilor Kirkham that Carol Wagner, M. E. McBride, and Frank Yeager be reappointed to the Wichita General Hospital Board for terms to expire April 1, 1993 . Motion seconded by Councilor Martin, and carried unanimously. Item 9g Moved by Councilor Kirkham that Marty Martinez and Ewell Cason be appointed to the Housing Authority Board for terms to expire July 1, 1993 (replacing Joel Jimenez and Clinton Tittsworth) . Motion seconded by Councilor Thompson, and carried unanimously. No action was taken on Item 9h. 735 Item 9i Moved by Councilor Kirkham that Sheila Stouard and Gary Lynn Ford be appointed to the Commission on Disabilities for terms to expire May 31 , 1993 . Motion seconded by Councilor Hughes, and carried unanimously. Mayor Lam noted that more applications are needed for this board. The City Council adjourned at 12: 35 p.m. PASSED AND APPROVED this day of 1991. Michael Lam, Mayor ATTEST: Wilma J. Thomas, City Clerk