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Min 11/05/1991 801 Wichita Falls, Texas Memorial Auditorium Building November 5 , 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 J. W. Martin - Don Kirkham - Paul Hughes - Absent (ill) James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Richard Thompson, Colonial Baptist Church. Item 3 John Young, Planning Department, was honored as Employee of the Month for November. Mayor Lam presented him with a plaque, City of Wichita Falls pin, a check, bus ticket, and tickets for a dinner and theatre. Item 4 Moved by Councilor Thompson that minutes of the meeting held October 15, 1991, be approved. Motion seconded by Councilor Martin, and carried unanimously. Items 5a - 7e Items 5a and 6a were moved to the regular agenda. The consent agenda was approved by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 5b RESOLUTION NO. 169-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WICHITA FALLS MUSEUM AND ART CENTER 802 Item 7 Minutes of the meetings of the following boards and commissions were received. a. Library Advisory Board - September 24 , 1991 b. Commission on Disability - October 7, 1991 c. Planning and Zoning Commission - October 9 , 1991 d. Board of Electrical Examiners - October 10 , 1991 e. Civil Service Commission - October 18 , 1991 Item 5a RESOLUTION NO. 170-91 . RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM OF CORLETT, PROBST AND BOYD, INC. FOR 1991-92 BUDGET UTILITY IMPROVEMENTS PROJECT Moved by Councilor Martin that Resolution No. 170-91 be passed. Motion seconded by Councilor Loughry. Councilor Loughry questioned why the city engineers are not *44 doing this project. Mr. Bonnett explained that it is a question of manpower, stating their schedule is full for the next three years. Councilor Kirkham asked how many graduate engineers are in the department, and Mr. Bonnett stated there are a total of five. They have a full complement of 20 non-graduate engineers whose roles include surveying, drafting, and office managers. Councilor Kirkham requested a list of the three-year projects. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Martin, and Kirkham Nays: Councilor Loughry Item 6a RESOLUTION NO. 171-91 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE EDGECLIFF DRAINAGE PROJECT Moved by Councilor Martin that Resolution No. 171-91 be passed. Motion seconded by Councilor Thompson. Councilor Loughry questioned quantities of pipe joint —" collars, and Mr. Bonnett explained their need and function. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None 803 Items 8a and 8f were removed from the agenda. Item 8b A proposed ordinance was presented waiving Section 27-29 of the Code of Ordinances with respect to placing a sidewalk along the North line of Lot 1, Block 43 , Country Club Estates. A motion was made by Councilor Martin, and seconded by Councilor Farabee, for its passage. Councilor Farabee supported the church expansion in this area. Mr. Berzina explained that staff recommends delay of the sidewalk construction until the church construction program is completed, at which time the Council will again review it. The motion for passage of the proposed ordinance failed by the following vote. Ayes: Mayor Lam, Councilors Farabee and Martin Nays: Councilors Loughry, Thompson, and Kirkham Item 8c ORDINANCE NO. 97-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE SERVICE ROAD OF SEYMOUR HIGHWAY ON THE WEST SIDE OF THE RAILROAD RIGHT-OF-WAY OVERPASS, BLOCK 11, STEHLIK AND BABER SUBDIVISION Moved by Councilor Thompson that Ordinance No. 97-91 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 8d ORDINANCE NO. 98-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON WELLINGTON LANE, LOTS lA AND 2A, BLOCK 52A, J.F. KIEL SECOND SUBDIVISION Moved by Councilor Martin that Ordinance No. 98-91 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None 804 Item 8e ORDINANCE NO. 99-91 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR BLOCK 11, STEHILIK AND BABER SUBDIVISION Moved by Councilor Martin that Ordinance No. 99-91 be passed. Motion seconded by Mayor Lam, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, and Martin ,,, Nays: Councilor Kirkham Item 8g ORDINANCE NO. 100-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM ADDITIONAL GRANT REVENUES FROM THE TEXAS w DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Thompson that Ordinance No. 100-91 be passed. Motion seconded by Councilor Martin, Tom Edmondson explained the purpose of this grant for the HIV program. Councilor Thompson commended Mr. Edmondson for putting this program together, stating there is a group trying to find a place to give blood tests on the spot. Mr. Edmondson noted that they received good and bad reports from other cities on this group. Mr. Berzina reported on nursing requirements and recruiting problems. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 8h ORDINANCE NO. 101-91 ORDINANCE APPROPRIATING $7, 500 IN GRANT FUNDS FROM THE FEDERAL SMALL BUSINESS ADMINISTRATION FOR THE PURCHASE OF TREES IN LUCY PARK Moved by Councilor Martin that Ordinance No. 101-91 be passed. Motion seconded by Councilor Farabee. 805 Item 8h, cont'd. Councilor Martin noted this is the first time he has heard of the Small Business Administration giving grants for trees in parks. Jack Murphy stated that this is a stimulus for small businesses in the purchase of these trees. Councilor Kirkham questioned the selection of Lucy Park for these trees because it already has more trees than any other park. He stated there are two parks near him that need trees, and requested that they not be placed in Lucy Park. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, and Martin Nays: Councilor Kirkham Item 9a RESOLUTION NO. 172-91 RESOLUTION TO APPROVE THE CRITERIA FOR STORM WATER FACILITIES IN THE CITY OF WICHITA FALLS Moved by Councilor Kirkham that Resolution No. 172-91 be passed. Motion seconded by Councilor Thompson. Mr. Bonnett explained that this should have been placed before the Council immediately after adoption of the storm water retention ordinance three years ago. What they have done for the last three years is captured in this ordinance. Mr. Berzina explained this has been through the storm water retention committee. Mayor Lam requested that this committee be reconvened to review new data. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 9b RESOLUTION NO. 173-91 RESOLUTION NOMINATING TWO MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE WICHITA APPRAISAL DISTRICT Moved by Councilor Farabee that Resolution No. 173-91 be passed, nominating Michael Lam and Ronald Buffum to the Board of Directors of the Wichita Appraisal District. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None 806 Item 9c RESOLUTION NO. 174-91 RESOLUTION ACCEPTING A PROPOSAL FROM TEAM CONSULTANTS INC. , FOR GEOTECHNICAL ENGINEERING EVALUATION AND TESTING OF LANDFILL CELL VIII AND WET CELL I Moved by Councilor Farabee that Resolution No. 174-91 be passed. Motion seconded by Councilor Martin. Engineering requirements were discussed by Mr. Bonnett. Councilor Farabee requested that a cost of study be ongoing so that we can increase refuse fees. Councilor Thompson expressed that the Council should be more involved in landfill decisions. He does not share the view that we should be a regional landfill. Mr. Bonnett stated they have an option not to accept anything from outside the City. This ordinance can be changed at any time. Councilor Martin suggested that citizens write to their elected state and federal representatives concerning the passing of mandates to the City without providing any of the costs. The motion carried by the following vote. 0 11. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 9d RESOLUTION NO. 175-91 RESOLUTION ACCEPTING A PROPOSAL FROM THE TEAM CONSULTANTS INC. , FOR A GEOTECHNICAL STUDY OF THE SOUTH AND WESTERN 180 ACRES OF THE CITY'S CURRENT LANDFILL SITE Moved by Councilor Thompson that Resolution No. 175-91 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None 14 Item 9e "" ` A proposed resolution was presented reversing the disapproval of a conditional use permit for a restaurant at 513 Elwood Street, and granting the permit. A motion was made by Councilor Thompson for discussion, and seconded by Councilor Kirkham. Marty Cannady, 1409 9th Street, represented Mrs. Parker, applicant for the restaurant. He presented a petition to the City Manager of persons in favor of the location of the restaurant. Caluma Parker, 513 Elwood, explained what she had done, including security for the proposed restaurant. 807 Item 9e, cont'd. Mrs. Green, 1406 Gladiolus, and Mrs. Marzett, 1402 Galdiolus, opposed the location of a restaurant in a residential area, along with John White, Sr. , of 1416 Gladiolus, J. C. Thompson, and Harrison Taylor. Jack Blair and a resident of Whitney Street spoke in favor of it. Councilor Thompson noted opposing views, stating he can sympathize with Mrs. Parker' s desire to go into business, yet he has reservations about the wisdom of trying to locate a restaurant on an alley and a dead-end street. He casts no doubts on her character, but wonders about the type of restaurant where you have a security guard carrying a gun. He expressed hope that she can find a place where she can operate. The neighbors are justified in their fear. He supports any group who would try to preserve their neighborhoods. Mr. McKinney noted the dimensions of the property in question, stating Elwood Street terminates at the alley, which is gravel. He further stated there is no street on the ground. He also explained that she took out a residential permit to do some remodeling. She was told it could not be used for a restaurant, and the permit was revoked. She has been doing some work at her own risk. The motion for discussion and passage of the proposed resolution failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham The City Council recessed at 10: 48 a.m. , and reconvened at 11: 00 a.m. Item 9f RESOLUTION NO. 176-91 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTIBLE ACCOUNTS RECEIVABLE TOTALING $180 , 885 . 09 FROM AN ACTIVE TO DORMANT STATUS Moved by Councilor Thompson that Resolution No. 176-91 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 9g RESOLUTION NO. 177-91 RESOLUTION DEMONSTRATING SUPPORT FOR SENATE BILL 1340 WHICH ESTABLISHES A STATEWIDE RECYCLING GOAL Moved by Councilor Kirkham that Resolution No. 177-91 be passed. Motion seconded by Councilor Farabee. 808 Item 9g, cont'd. Councilor Farabee noted that it is the intention of this Council to move forward with recycling to get ahead of the curve, and that would be his direction to Mr. Bonnett. Mr. Berzina explained that they plan to bring back to the Council descriptions of programs and costs. Councilor Martin explained that he cannot support this Senate Bill because we have not been given any relief. He needs more information before he can support a bill that would commit US. Mr. Berzina stated that costs will be the overriding factor. This resolution touches on the best use of scarce resources. The motion carried by the following vote. Ayes: Councilors Farabee, Loughry, Thompson, and Kirkham Nays: Mayor Lam and Councilor Martin Item 10a Moved by Councilor Thompson that the bid for computer paper +� and special forms be awarded to Data Documents in a total amount of $27, 133 . 02. Motion seconded by Councilor Farabee, and carried unanimously. Item 10b RESOLUTION NO. 178-91 RESOLUTION ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS TO CONVEY TITLE Moved by Councilor Thompson that Resolution No. 178-91 be passed. Motion seconded by Councilor Martin. Mrs. Chasteen noted that Parcel 1 has been eliminated in Section 3 of the resolution for rebidding at a later date. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 10c RESOLUTION NO. 179-91 RESOLUTION AWARDING PURCHASE OF TREES FOR PARKS AND MEDIANS Moved by Mayor Lam that Resolution No. 179-91 be passed. 809 Item 10c, cont'd. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham i Nays: None Nothing was presented under Item lla. Item llb Councilors Thompson and Martin urged citizens to participate in their right to vote today. Councilor Martin also noted an Italian recital on November 8, in Akin Auditorium, at Midwestern State University. Councilor Martin asked for an update on the Town and Country Motel situation. Mr. Humbach stated that a suit has been filed for public nuisance, and they are waiting on a court date. He also explained the effects of bankruptcy on this suit. Councilor Loughry stated that he had received calls from employees concerning retirement. He referred them to Personnel, but stated they don' t seem to be getting the information. Mrs. Stricklin stated they are setting up meetings with employees on 10-year vesting and SB 505. They will be held between now and December 31 for all employees except the Fire Department since they are not affected by it. She explained that 10-year vesting is not in place before January 1, nor is SB 505. They are presently giving employees the opportunity to go over individual questions. Councilor Loughry again asked about the gas tax, and Mr. Parker stated it was filed on October 17. Councilor Loughry mentioned accidents at Kitchens and 9th Street. Mr. Parker explained that it is a very dangerous intersection on private property. They will look at it for signs. Mr. Bonnett also explained to Councilor Loughry that Borton and Lee Streets were included with the Rosebud and Amber project. Councilor Loughry commented that paint striping on Lawrence Road has come off. Councilor Kirkham noted a complaint from a citizen that a police radio was bleeding over into Channel 19 on television. He also had a complaint that nothing but the City Council agenda was being shown on television. Item llc Mr. Berzina stated that a discussion of the Lake Wichita study will be on the next agenda. Mayor Lam suggested that questions from the public to the engineering staff might be appropriate. Mr. Berzina stated they could do it this way, or schedule separate hearings. Mr. Bonnett pointed out there is a study on file at the Library for the public to review. 810 Item 11c, cont'd. Fire Chief James reported on coordination of the smoke detectors program for senior citizens. Item lld The City Council recessed into executive session at 11 : 40 a.m. , according to Article 6252-17, Section 2 (g) , VACS. The meeting reconvened at 11 : 50 a.m. Item lle Moved by Councilor Kirkham that G. W. Quick be appointed to the Water Resources Commission for a term to expire September 30, 1993 . (Replaces James Johnston) Motion seconded by Councilor Martin, and carried unanimously. Item llf Mayor Lam announced that applications are needed for the Commission on Aging, Item llg Moved by Councilor Kirkham that Ray Roberts and Warren Silver be appointed to the Cable Advisory Commission, leaving one vacancy. Motion seconded by Councilor Martin, and carried unanimously. The City Council adjourned at 11: 55 a.m. PASSED AND APPROVED this the day of c , 1991 . Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk