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Min 08/06/1991 736 Wichita Falls, Texas Memorial Auditorium Building August 6, 1991 Item 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 Jimmy Hatcher, Sunnyside Baptist church. i Item 3a Erma Bedford, a Police Department employee, was honored as Employee of the Month for August. She was presented a plaque, City of Wichita Falls pin, a check, city bus passes, and tickets to a theatre and dinner. Item 4 Moved by Councilor Thompson that minutes of the meeting held July 16 , 1991, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Items 5a - 7f Items 6b, 7a, and 7b were moved to the regular agenda. Moved by Councilor Hughes that the consent agenda be approved. 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 5a RESOLUTION NO. 115-91 RESOLUTION DECLARING PROPERTY AT 1600 CONKLING DRIVE AS EXCESS AND APPROVING SALE OF CITY'S INTEREST IN SAID PROPERTY 737 Item 5b RESOLUTION NO. 116-91 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT ON FM 369, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Item 6a RESOLUTION NO. 117-91 RESOLUTION TO AWARD BID TO VARIOUS VENDORS FOR ANNUAL SUPPLY OF CHEMICALS FOR WATER TREATMENT Item 7 Minutes of the meetings of the following boards and commissions were received. c. Board of Electrical Examiners - July 11, 1991 d. Zoning Board of Adjustment - July 17, 1991 e. Clean Community Commission - July 18 , 1991 f. Park Board - July 25, 1991 Item 6b RESOLUTION NO. 118-91 RESOLUTION TO AWARD BID TO JAMES LANE AIR CONDITIONING COMPANY FOR REPLACEMENT OF HEATING AND AIR CONDITIONING SYSTEM AT 402 EAST SCOTT FACILITY Moved by Councilor Kirkham that Resolution No. 118-91 be passed. Motion seconded by Councilor Martin. Councilor Kirkham noted that this building houses both City and Wichita County Water District No. 2, asking if they pay rent. Mr. Berzina stated they do not pay rent because it was previously specified that they would be provided free rent. Comments centered around the Water District not always fulfilling their mowing responsibilities. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7a Moved by Councilor Martin that minutes of the meeting of the Wichita Falls/Wichita County Health Board held June 28, 1991, be received with the notation that he was present at this meeting as Council liaison. Motion seconded by Councilor Hughes, and carried unanimously. 738 Item 7b Moved by Councilor Kirkham that minutes of the meeting of the Planning and Zoning Commission held July 10 , 1991, be received. Motion seconded by Councilor Farabee. Some discussion followed on a possible amendment to the Zoning Ordinance pertaining to carports in the front setback area of a lot, and making it a conditional use. The motion to receive the minutes carried unanimously. Item 8a A public hearing was opened on Community Development objectives and proposed use of funds under the Housing and Community Development Act of 1974 , as amended. No one requested to be heard, and the hearing was closed. RESOLUTION NO. 119-91 RESOLUTION APPROVING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 1991-1992 FISCAL YEAR GRANT AGREEMENT Moved by Councilor Martin that Resolution No. 119-91 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8b A public hearing was opened on matching grant application to the Texas Parks and Wildlife Department for an environmental center in or around Lucy Park. Jack Murphy explained that we will not know until December whether we receive the grant. The Junior League chose to focus on this project for funding for the next three to five years. The building will contain 2500 square feet. Discussion of future funding and operation continued. It was stated that it would have to be elevated above the floodway. The public hearing was closed. Item 9a ORDINANCE NO. 72-91 AN ORDINANCE AMENDING ORDINANCE 1-91 BY GRANTING EXTENSION OF TIME TO GERALD MILLER TO REPAIR OR DEMOLISH THE STRUCTURE AT 514 OLEN ROAD Moved by Councilor Thompson that Ordinance No. 72-91 be passed. Motion seconded by Councilor Martin. Ilil 739 Item 9a, cont'd. Gerald Miller, 514 Olen Road, stated that he had planned that after he closed his business he would fix up the house and sell off these properties. Councilor Kirkham stated that he did not know at the hearing in January that he did not own all the properties of which he showed pictures. He asked how long he has been going out of business, and Mr. Miller stated he has been selling inventory for the past three months, and has sold about thirty percent of it. It was pointed out that Mr. Miller has owned this property in this condition for several years. Councilor Thompson stated that he also did not recognize that he did not own all of this property. He favors a six-month extension, but pointed out that we are hearing the same thing today that they heard six months ago. Jim King, of Code Enforcement, noted that Mr. Miller has not done anything to this property. An amendment was moved by Councilor Thompson that a six month extension be added, and if no progress is shown then Code Enforcement may take the necessary actions. Motion seconded by Councilor Hughes. AM Councilor Martin stated he does not consent to the amendment because he wanted a two-month extension suggested by the staff. The amended motion failed by the following vote. Ayes: Councilors Farabee, Thompson, and Hughes. Nays: Mayor Lam, Councilors Loughry, Martin, and Kirkham Moved by Councilor Kirkham that a six-month extension be approved, provided that Mr. Miller submit a work schedule and plan to the Planning and Inspection Department for their approval, showing what, how, and when he is going to accomplish, with a timetable included, and that these requirements be added to the ordinance requirements. Motion seconded by Councilor Martin. Jim King, Code Enforcement, informed the Council that their original inspection on this property was 20 months ago. As of Friday, pictures were again taken, and no change has been made on this property in the past 20 months. The motion carried by the following vote. Ayes: Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: Mayor Lam, and Councilor Thompson Mr. McKinney further explained to Mr. Miller the requirements set out by the Council. The Council directed Mr. Miller to meet with the City Attorney. Item 9b ORDINANCE NO. 73-91 ORDINANCE WAIVING SECTIONS 22-1( 8) AND 22-1(A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SALES AND THE POSTING OF SIGNS IN HAMILTON PARK ON OCTOBER 5, 1991 FOR THE BOW WOW RUN 740 Item 9b, cont'd. Moved by Councilor Hughes that Ordinance No. 73-91 be passed. 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 9c ORDINANCE NO. 74-91 I ORDINANCE WAIVING SECTION 22-1(A) ( 2 ) TO PERMIT VEHICLES ON THE GRASS DURING A MODEL AIRPLANE EVENT IN JAYCEE PARK ON SEPTEMBER 14 AND 15, 1991 Moved by Councilor Hughes that Ordinance No. 74-91 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 Item 9d ORDINANCE NO. 75-91 ORDINANCE WAIVING SECTION 22-1(A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING THE FLOTILLA EVENT IN LUCY PARK ON OCTOBER 5, 1991, CO-SPONSORED BY THE ARTHRITIS FOUNDATION Moved by Councilor Martin that Ordinance No. 75-91 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None i Item 9e ORDINANCE NO. 76-91 ORDINANCE WAIVING SECTION 22-1 (A) ( 9 ) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING A HALLOWEEN IN THE PARK EVENT IN LUCY PARK OCTOBER 26, 1991 Moved by Councilor Martin that Ordinance No. 76-91 be passed. 741 Item 9e, cont'd. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9f ORDINANCE NO. 77-91 ORDINANCE WAIVING SECTION 22-1(A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING A DIVE-IN-MOVIE EVENT AT THE LUCY PARK SWIMMING POOL ON AUGUST 15, 1991 Moved by Councilor Hughes that Ordinance No. 77-91 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 Item 9g ORDINANCE NO. 78-91 ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING A FAMILY FUN DAY EVENT IN LUCY PARK ON SEPTEMBER 7, 1991 Moved by Councilor Martin that Ordinance No. 78-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9h ORDINANCE NO. 79-91 ORDINANCE WAIVING SECTIONS 22-1(A) ( 2) , 22-1(A) ( 9 ) , 22-1(A) ( 10 ) , 22-3 , 22-4 AND 16-16 OF THE CODE OF ORDINANCES TO ALLOW DRIVING OF VEHICLES, MAINTENANCE OF HORSES AND COWS, PLACEMENT OF COMMERCIAL ADVERTISING, MAINTENANCE OF OVERNIGHT SECURITY, CONSUMPTION OF WINE AND BEER, AND ISSUANCE OF PERMITS FOR FOOD BOOTHS WITHOUT PAYMENT OF PERMIT FEES AND WAIVER OF RESOLUTION 2509 AS AMENDED TO ALLOW NON-PAYMENT OF THE PERCENTAGE OF GROSS SALES FOR FALLSFEST TO BE HELD AT LUCY PARK 742 Item 9h, cont'd. Moved by Councilor Thompson that Ordinance No. 79-91 be passed. Motion seconded by Councilor Hughes. Councilor Farabee asked about revenue from the park this year. Mr. Murphy stated it will be the same as last year. Discussion of the change in date was initiated by Councilor Loughry. Mr. Berzina explained that the date is set by the Junior League after consultation with others involved. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9i ORDINANCE NO. 80-91 ORDINANCE WAIVING SECTION 22-1(A) ( 2) , SECTION 22-1(A) ( 9) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS, SIGNS, AND BEER DURING A RED RIVER CHAMPIONSHIP EVENT IN JAYCEE PARK ON SEPTEMBER 6 AND 7, 1991 Moved by Councilor Hughes that Ordinance No. 80-91 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 The Council recessed at 9: 40 a.m. , and reconvened at 9: 57 a.m. Item 10a RESOLUTION NO. 120-91 RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AID INTERLOCAL AGREEMENT BETWEEN SEVERAL GOVERNMENTAL ENTITIES Moved by Councilor Kirkham that Resolution No. 120-91 be passed. Motion seconded by Councilor Hughes. Chief Harrelson explained that this agreement clears up legal entanglement regarding jurisdiction and responsibility. 743 Item 10a, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10b RESOLUTION NO. 121-91 RESOLUTION AUTHORIZING SALE OF EXCESS RIGHT-OF-WAY AT 810 EAST SCOTT STREET Moved by Councilor Hughes that Resolution No. 121-91 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 Item 10c RESOLUTION NO. 122-91 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF WICHITA FALLS, TEXAS AND THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION FOR THE CONSTRUCTION OF MIDWESTERN PARKWAY FROM MAPLEWOOD AVE. TO TAFT BLVD. Moved by Councilor Hughes that Resolution No. 122-91 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 Item 10d RESOLUTION NO. 123-91 RESOLUTION TO APPROVE AMENDED WATER PURCHASE CONTRACT WITH WICHITA VALLEY WATER SUPPLY CORPORATION AND TO APPROVE A LEASE AGREEMENT FOR USE OF LAKE KICKAPOO LANDS BY WICHITA VALLEY WATER SUPPLY CORPORATION Moved by Councilor Martin that Resolution No. 123-91 be passed. Motion seconded by Councilor Thompson. Mr. Bonnett introduced officials of Wichita Valley Water Supply Corporation, and explained that this agreement is satisfactory to both parties. Steve Stone, General Manager, also expressed their approval of this agreement. 744 Item 10d, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10e RESOLUTION NO. 124-91 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF DRAINAGE EASEMENTS ON NORTHEAST DRIVE, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Farabee that Resolution No. 124-91 be passed. Motion seconded by Councilor Hughes. Councilor Loughry asked questions concerning the responsibility for taking down the fence, and about the property owner next door to this not taking out a permit for the driveway. Greg Reed, Engineer, stated they did not find a record of a permit. They anticipate starting this project in late September. The channel will be lined all the way. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item 10f RESOLUTION NO. 125-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE TEXAS FOREST SERVICE FOR MATCHING TREE GRANT Moved by Councilor Farabee that Resolution No. 125-91 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 Item l0q RESOLUTION NO. 126-91 RESOLUTION AUTHORIZING GRANT APPLICATION FOR ENVIRONMENTAL CENTER IN LUCY PARK TO BE SUBMITTED TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT Moved by Councilor Thompson that Resolution No. 126-91 be passed. 745 Item 10g, cont'd. 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 11a RESOLUTION NO. 127-91 RESOLUTION AWARDING CONTRACT FOR THE PURCHASE OF WINTER FLOWERS FOR PARKS AND MEDIANS TO SMITH'S GARDENTOWN AND PLANTLAND INDUSTRIES Moved by Councilor Kirkham that Resolution No. 127-91 be passed. Motion seconded by Councilor Thompson. Councilor Martin felt that they could justify awarding this ++ bid to Smith' s Gardentown because of delivery times. Mr. mop Humbach explained state law bid requirements to award to the lowest and best bidder. Councilor Hughes asked if we need to spend this much on flowers, stating that on Southwest Parkway we had some beautiful flowers, and all of a sudden they were dug up and others planted. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Kirkham Nays: Councilors Loughry and Martin Item 12a This item was removed from the agenda at the request of Mr. Sinclair' s attorney. Mr. Berzina noted that the contract in the agenda was prepared by Mr. Sinclair, and not the City of Wichita Falls. Item 12b Eldon Bell appeared as owner of property at 4220 and 4230 Burk Road. He stated that a waiver was denied at the last Council meeting. He is selling part of this property to Bob Kinash. He requested that it be placed back on the next agenda. Claudio Ramirez , 2013 Elizabeth, appeared regarding a ticket he received for a loose dog. Mr. Berzina pointed out that it is a judicial situation now. 746 Item 12c Robert Parker updated the Council on meetings held with grocery bus representatives. Several options were discussed, but he has heard nothing from them since that time. In discussions with UMTA representatives, they categorized this as Subscription Service, stating the City would have to absorb all losses. It is no longer considered a Charter Service. They also say that if you offer it to one, you offer it to all. Mayor Lam expressed that he would like a solution, with the City offering the service. Costs were discussed. Councilor Loughry stated that he had spoken with an UMTA official who said they could do an experimental route for a subscription service. After that, they can have public hearings for a permanent route. Mr. Parker stated he would get a clarification with the UMTA official on costs, etc. Councilor Thompson expressed that he would like to involve as many people as possible in this type of program. If we are going to do it, it will be inclusive, and not exclusive. Costs need to be looked at. Councilor Kirkham suggested that conditional use be initiated for carports. He requested it be placed on the next agenda. Councilor Martin would like to see a felony provision in it. Mr. McKinney stated a public hearing will have to be held in September, and it would come to the Council the first meeting in October. Councilor Loughry stated that some insurance people are asking how they can get on a City bid list. Mrs. Stricklin explained that she sees agents on a weekly basis. They are put on a bid list, and they go out for bids every three years. They even send out to various brokerage companies to pass the word on to their companies. All they have to do is contact her to get on the list. She noted that Jefferson Pilot has been with the City organization since 1973 . The current offering is a voluntary program, and an expansion of their service. Councilor Farabee asked if the City Council has the authority to revamp this program, and change bid specifications. Mrs. Stricklin explained that these benefits are considered services rather than products. The City does not have to bid out the insurance, but has decided to do so because we have many life insurance programs in our city. Mr. Humbach noted that the Council has the authority to give the staff some direction on what the they want the benefits to be. Mrs. Stricklin explained that Aetna has been on board since 1965 because they have been the lowest bidder. Councilor Martin noted that Park crews have repaired the same leak at Hursh Park three times this year. Mr. Murphy will research this matter. He also asked about the defective new paving on Midwestern Parkway. Mr. Bonnett stated the City will be responsible for paying for the repair because it is their fault. 747 Item 12c, cont'd. Councilor Loughry noted an overage of $80 ,000 on an alley paving project. Mr. Berzina explained this was a project bid. Mr. Bonnett stated if it is within twenty percent they can extend the quantities and they were well within that range. He also noted the length of time it has taken. Other Council members noted that this was explained in the City Manager ' s comments to the Council. Councilor Hughes asked about sidewalks in Rotary Park, and Mr. Bonnett explained the bid procedure and construction time. Councilor Hughes noted that they receive a lot of calls in which the caller says he was told to call the Mayor or Council, stating they don' t always know whether it is true, or a miscommunication. He suggested a more customer oriented explanation of rules and procedures. Councilor Kirkham expressed appreciation for the Covington Lane project. He also asked about the Pearlie Drive paving situation, and the water problem on Amber-Borton-Redbud project. He also reminded Mr. Murphy that the Clean Country barrels are still full. Councilor Kirkham reminded everyone about the TML Regional meeting on August 15 , 1991. Councilor Thompson noted damage being done to 30th Street by trucks going to the rehabilitation center. Mr. Bonnett explained that this contractor has a legal axle load, and has a right to drive on the street. Councilor Thompson also requested a bridge on Harlan Lane for church members to have access to the parking lot during this construction. Councilor Thompson asked for a report on the drug program. Chief Harrelson noted they have made about 100 arrests for various reasons. Wherever the drug dealers go, the Police Department will be there making arrests and cases. Councilor Thompson noted he still plans to have a tour the last week of August. He also noted the alumni gathering at Booker T. Washington High School. Councilor Kirkham stated he had received some good suggestions on the use of Channel 11, such as indicating when they will be available for telephone calls. Mr. Berzina noted the National League of Cities meeting in December. Mr. Berzina noted that the budget will be four of five days later to the Council than expected. Budget hearings will begin following the second meeting in August. He also noted that the six-month contract on trying to sell the Sears Building has expired. The City has taken it over and made it as secure as possible, including extra lighting. Some decisions need to be made on this. Mr. Humbach stated that the attorneys for the redistricting process will be here on Monday, August 19, 1991, at 9: 30 a.m. , to meet with the Council. Posting requirements will be taken care of. 748 Item 12c, cont'd. Mr. Berzina noted that everything has been worked out with the County Judge so that indigent hearings can be held the next day, rather than paying extra costs of bringing in substitute judges, or the City Judge being on call. The City Council adjourned at 11: 40 a.m. PASSED AND APPROVED this the ��! �' day of du 1991. 21 �.. r ichael Lam, Mayor ATTEST: L Wilma J. Tfiomas, CMC/AAE City Clerk 'I it i "A:.