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Min 01/07/1992 840 Wichita Falls, Texas Memorial Auditorium Building January 7, 1992 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 John Dillard, First United Methodist Church. Item 3a Janet Raska, Police Department, was honored as Employee of the Month for January. Mayor Lam presented her with a plaque, City of Wichita Falls pin, bus tickets, a check, and tickets to a theatre and dinner. Mayor Lam presented a proclamation for Crime Stoppers Month. Item 4 Moved by Councilor Farabee that minutes of the two redistricting public hearings held on December 19, and minutes of the Council meeting held on December 20, 1991 , be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 5a - 7h i i Items 5a and 5b were moved to the regular agenda. Moved by Councilor Farabee that the consent agenda be approved. i Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None 841 Item 6a RESOLUTION NO. 1-92 RESOLUTION TO ACCEPT PROJECT FOR REPLACEMENT OF HEATING AND AIR CONDITIONING SYSTEM AT 402 EAST SCOTT FACILITY AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Item 6b RESOLUTION NO. 2-92 RESOLUTION TO ACCEPT PROJECT FOR REPLACEMENT OF SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM AT CYPRESS WATER TREATMENT PLANT AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR * „ Item 7 Minutes of the meetings of the following boards and commissions were received. a. Plumbing and Mechanical Board of Adjustments and Appeals - September 16 , 1991 b. Planning and Zoning Commission - November 13 , 1991 c. Human Relations Commission - November 26, 1991 d. Commission on Aging - December 4 , 1991 e. Water Resources Commission - December 6, 1991 f. Planning and Zoning Commission - December 11 , 1991 g. Board of Electrical Examiners - December 12 , 1991 h. Civil Service Commission - December 19 , 1991 Item 5a Moved by Councilor Hughes that the bid for three 72-inch cut front deck riding mowers be awarded to Goldthwaite' s of Texas, in the amount of $26 , 022 . Motion seconded by Councilor Martin. Robert Parker answered questions concerning this equipment. The motion carried unanimously. Item 5b Moved by Councilor Kirkham that the bid for a trailer mounted crack seal machine be awarded to Crafco Texas, Inc. , in the amount of $22 , 324. Motion seconded by Councilor Thompson. Mr. Bonnett answered questions posed by Councilor Kirkham about this machinery The motion carried unanimously. Item 8a ORDINANCE NO. 1-92 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (A) THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON GALVESTON STREET, LOTS 11 AND 12 , BLOCK 23 , J. A. KEMP ADDITION Moved by Councilor Farabee that Ordinance No. 1-92 be passed. 842 Item 8a, cont'd. Motion seconded by Councilor Hughes. Bobby Lloyd, owner of Lloyd Electric at 404 Galveston, explained the reason for his request to waive curb and gutter requirements along his business. He noted a letter he had received from one of the engineers. He stated he was told he did not need curb and gutter. Roger McKinney explained the platting process and curb and gutter requirements. City Engineer Bill Parker addressed ordinance requirements for entrances, stating that no permit was issued for the concrete, even though the letter to Mr. Lloyd stated that a permit was required. He further stated that the letter from the employee did not say anything about curb and gutter. Mr. Lloyd commented that he would have assumed that the contractor would have taken out the permit if it were required. Council discussion continued. The staff recommended that the waiver be denied The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8b ORDINANCE NO. 2-92 AN ORDINANCE REZONING LOT 1 , REGENCY COURT ADDITION, WICHITA FALLS, TEXAS, FROM MULTI-FAMILY RESIDENTIAL (MFR) ZONE TO GENERAL COMMERCIAL (GC) ZONE (R-91-08 ) Moved by Councilor Hughes that Ordinance No. 2-92 be passed. Motion seconded by Councilor Thompson. Valerie Little, 1706 Avalon, stated that her mother had some concerns about the construction at this location. Her first concern was the number of minorities that would be involved in the construction, and as employees. The next concern was rodents and fire in the field. The third concern was about a future street in the area that she envisioned would be coming through their house. Mayor Lam pointed out that they do not have any influence on the hiring process of the company. They encourage minority hiring, but cannot dictate. When construction takes place, creatures usually leave the area, and the fire problem looks to be taken care of. Mr. McKinney explained that there is a utility easement in that area, but not a street, as she thought. jThe motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham 3 Nays: None Item 8c ORDINANCE NO. 3-92 ORDINANCE WAIVING THE METHOD OF BILLING SEWER CHARGES AS PROVIDED IN ORDINANCE 63-90 FOR UTILITY COLLECTION ACCOUNT NUMBER 12-056-01101-1 843 Item 8c Moved by Councilor Hughes that Ordinance No. 3-92 be passed. Motion seconded by Councilor Farabee. Mr. Berzina recapped the previous request by David Finely for waiver of the portion of the bill for sewer. This would allow a one time change in the sewer bill to reflect that they are not paying that portion of the sewer charge. Councilor Martin noted that a leak could go undetected since these people are not at the location every day. Councilor Thompson stated he would favor it as long as we apply it to the next citizen or organization that comes along. Mr. Berzina emphasized that this will not be the last one, and the water and sewer revenue fund is based on what we take in. They are responsible for this charge, and if this is granted, there will probably be a request about every council meeting. This happens very often. Councilor Kirkham stated he is not in favor of the waiver. If we do it one time we will have to do it at other times. Possibly a compromise could be worked out so that he would pay the sewer rate of a residential customer rather than a commercial customer. He noted that we wrote the ordinance for the purpose which we have. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Hughes, and Martin Nays: Councilors Loughry, Thompson, and Kirkham Item 9a RESOLUTION NO. 3-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A VEHICLE PURCHASE AGREEMENT WITH THE CITY OF IOWA PARK Moved by Councilor Hughes that Resolution No. 3-92 be passed. Motion seconded by Councilor Martin. Robert Parker explained that the City of Iowa Park had requested this. Comments were made concerning the possibility of future expansion with other cities in the area. Iwo The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9b A proposed resolution was presented reversing the disapproval of a conditional use permit application for a carport in the front setback area of the property at 5113 Jamaica Drive, and granting the permit. A motion was made by Councilor Hughes , and seconded by Councilor Kirkham, for its passage. 844 Item 9b, cont 'd. Art Sutterly, 5113 Jamaica, requested a 2-car carport in the front setback area. He made a lengthy presentation, reviewing his request before the Planning and Zoning Commission. He noted there are four carports in the alley behind the houses across the street. He stated that he owns four vehicles, and two have to parked in the street. This property has been for sale for about a year. Real estate people have told him it would help the marketability of the property if he has a carport. Clem Harrison, 5115 Jamaica, opposed the carport in the front setback, stating Mr. Sutterly did not talk with him, as he stated he had with other neighbors. Councilor Loughry stated the carport should be in front of his house instead of setting across the empty space between houses. Councilor Martin asked about any future plans for paving this alley. Mr. Bonnett stated he knows of no one who has requested the alley to be paved. Residents are required to pay for it. He also noted that one problem is that the property is up for sale. Mr. Sutterly stated that he wants to get a property that has a garage to protect his vehicles. Councilor Martin called attention to an ordinance regarding parking of travel trailers on the street. Councilor Hughes noted that a carport would stick out past the house on the right side. He can get his cars out of the street without building a carport. Councilor Farabee expressed that he is not opposed to building a 2-car driveway, but is opposed to the carport. Roger McKinney noted the oppositions next door and from another property owner abutting the 200 feet requirement. He stated there are no other carports on the street. He also explained that one of the instructions is that the person making the appeal would appear before the Commission on the appropriate date. Councilor Thompson noted that he did not believe this waiver would help the community. Councilor Hughes stated that he had received a call from the neighbor at 5107 Jamaica, stating he did not return the form as he should have, but he is opposed to the carport. Councilor Thompson suggested that property owners be contacted to see if they are interested in alley paving. The motion failed by the following vote. Ayes: Councilors Loughry and Kirkham i Nays: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Martin i Item 9c RESOLUTION NO. 4-92 RESOLUTION AUTHORIZING THE CITY OF LAKESIDE CITY TO PROVIDE WATER SERVICE TO A SPECIFIC TRACT OF LAND WITHIN THE CITY OF WICHITA FALLS EXTRATERRITORIAL JURISDICTION Moved by Councilor Thompson that Resolution No. 4-92 be passed. Motion seconded by Councilor Hughes. 845 Item 9c, cont'd. Bill Browning appeared regarding water service to a tract of land within the extraterritorial jurisdiction of Wichita Falls. His client, John Kocks, wants to build a home on a five- acre tract next to Bowman Cemetery. 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 10: 17 a.m. , and reconvened at 10: 32 a.m. Item 9d RESOLUTION NO. 5-92 RESOLUTION TO APPROVE MODIFICATION TO UTILITY SERVICES Oft CONTRACT WITH SHEPPARD AIR FORCE BASE FOR SHARING OF ENGINEERING DESIGN COSTS FOR SANITARY SEWER SYSTEM Moved by Councilor Hughes that Resolution No. 5-92 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 9e RESOLUTION NO. 6-92 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH BIGGS & MATHEWS, INC. FOR SANITARY SEWER LINE FROM SHEPPARD AIR FORCE BASE TO CITY SEWER SYSTEM Moved by Councilor Martin that Resolution No. 6-92 be AOk 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 9f RESOLUTION NO. 7-92 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING PORTIONS OF THREE UTILITY EASEMENTS TO INLAND 33 EAST CEDAR LIMITED PARTNERSHIP ON THE PROPERTY AT 3801 KELL BOULEVARD Moved by Councilor Hughes that Resolution No. 7-92 be passed. 846 Item 9f, cont'd. Motion seconded by Councilor Martin. Councilor Loughry asked how we acquired this property, and Mr. McKinney explained that easements were dedicated to us when the property was platted. Mr. Berzina referred to a law which requires the City to take appraisals and sell it back. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10a RESOLUTION NO. 8-92 RESOLUTION AWARDING PURCHASE OF SUMMER FLOWERS FOR PARKS AND MEDIANS Moved by Councilor Hughes that Resolution No. 8-92 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 lla Wallace Gresham, 1203 Thompson Road, addressed the problem of a sewer line and drainage ditch which floods his property. Mr. Bonnett explained that the solution is about a one million dollar drainage project in the unfunded capital improvements program. The water comes from the Denver Tank area. Natural drainage is exceedingly slow. Mayor Lam pointed out that money for capital improvements will have to be approved by voters. Mr. Gresham felt if a drainage ditch could be built across Morgan Lane it could stop most of the flooding. Mayor Lam suggested that he meet with Mr. Bonnett to discuss his plan. Guy Mathews, 1314 North Fourth, spoke to the Council about catching stray animals at night, and not having night pick-up by Animal Control. He also spoke of 1311 and 1319 North Fourth which need cleaning up. Tom Edmondson noted they have had a problem with Mr. Mathews catching these dogs at night, stating they only respond during work hours. This is not a definition of emergency response. They cannot provide seven days a week service. He recited instances of emergencies, stating he does not have the manpower to provide any additional service. Mr. Mathews is the only one who has asked for additional service in that neighborhood. He noted that he has received calls at 2: 30 a.m. , from Mr. Mathews. Councilor Kirkham mentioned problems in his area until about 10 : 00 at night after dogs are turned out. I 847 Item 11b Councilor Thompson mentioned debris in sacks on the lots on Flood Street where the nightclubs were closed. He also noted that the Over the Hill Gang would like to use some of these sites for aids testing. Councilor Thompson noted that water is backing up in Williams Park and along Smith Street with recent rains. He commented that the Wichita River is still the same, even though Holliday Creek has been improved. He also noted that if Wichita Falls is applying for a prison, he would like to see us more vigorous in pursuing it. He urged the Mayor to encourage it, stating he did not get the feeling we were putting forth the maximum effort. Councilor Kirkham agreed that we should apply for another prison. Councilor Martin expressed confidence that there are some positive steps being taken. Councilor Loughry mentioned a problem with sewer lids coming off at Redbud and Kenley. Mr. Bonnett explained that it is cleaned up each time after it overflows. The new trunk line that is under construction will help, but a capital improvement Aft, project is needed. Councilor Loughry mentioned a few calls about the bus system. Robert Parker explained they are in the public hearing and comment phase of it. A plan, with various options, will be presented to the City Council for their decision. Councilor Loughry commented on publication of hearings in the legal section of the newspaper only. Councilor Thompson confirmed that anything we do in addition to public notice is fine, but not required. Federal law very specifically gives the requirements of publication. Councilor Thompson expressed hope that in 1992 , we would not let personal feelings or previous relations or disenchantments enter into public discussions in Council meetings. Mayor Lam and Councilor Martin both echoed these sentiments. Item llc Mr. Berzina explained that they have put together a report on the burglar alarm ordinance. They plan to devise a system where police personnel will be with the people who are having problems. Mr. Berzina also mentioned that a state department is being phased out which will leave us with some rules that are well beyond the federal laws required, as well as the State Water Commission requirements. A letter to TML has been prepared which tells why we are against these rules. It will also go to the Texas Health Board, Water Commission, representatives , and senators. About twenty people will receive the letters. He requested that the Council sign the letter to be sent. Mr. Berzina noted a change in traffic lights in the downtown area. On Travis and Austin Streets there are several intersections that no longer meet requirements for lights, and would like to start flashing lights in certain locations as a test, with the idea of going toward stop signs. He stated the test period will start next week. 848 Item llc, cont'd. A memo was distributed on the street status of Mimosa Lane, which is a private street. Item lld The City Council recessed into executive session at 11: 30 a.m. , according to Article 6252-17 , Section 2 (g) VACS. The meeting reconvened at 12: 45 p.m. Item lle Moved by Councilor Kirkham that James Miller and James McGovern be appointed to the Commission on Disability for terms to expire May 31 , 1993 . (Replacing Michael Brown and Carol Brisbee. ) Motion seconded by Councilor Farabee, and carried unanimously. Three positions are still vacant, and applicants are requested. Item 11f i Moved by Councilor Kirkham that the following be appointed to the Clean Community Commission, for terms as noted. a. Pat King (replacing Viola Morton) - 12/31/92 b. Gary Hopkins (replacing Michael Murphy) - 12/31/93 c. Marilyn Stafford - reappointed to 12/31/93 d. Bette Butler - reappointed to 12/31/93 Motion seconded by Councilor Farabee, and carried i unanimously. Item 11g Moved by Councilor Kirkham that Dixie Price and Linda Edgerton be appointed to the Commission on Aging for terms to expire December 31, 1992, and December 31, 1993 , respectively. (Replacing Marly Parker and Kathryn McKinney. ) Motion seconded by Councilor Farabee, and carried unanimously. Item llh Moved by Councilor Kirkham that the following be appointed to the Human Relations Commission for terms as noted. a. Robbie Mathews (replacing Teri Halsey) - 12/31/93 b. Elizabeth Mendez (replacing Raoul Ashby) - 12/31/94 c. Dianna McGovern (replacing Leslie Stewart) - 12/31/94 d. Emmett Scully - reappointed to 12/31/94 e. Renee Perez - reappointed to 12/31/94 f. Carrie Hadley - reappointed to 12/31/94 g. Greg Merkle - reappointed to 12/31/94 h. Vance Hawkins - reappointed to 12/31/94 i. Earl Jackson - reappointed to 12/31/94 j . Jacqueline Cuevas - reappointed to 12/31/94 k. Leona Hancock - reappointed to 12/31/94 1. Linda Burney - reappointed to 12/31/94 849 Item llh, cont'd. Motion seconded by Councilor Hughes, and carried unanimously. Item lli Moved by Councilor Kirkham that the following be appointed to the Wichita Falls/Wichita County Public Health Board for terms as noted. a. Angel Rivera (replacing Gerald Leopold) - 12/31/93 b. Bill Browning (replacing Michael Bomar) - 12/31/93 c. Ronnie Awtry - reappointed to 12/31/93 Motion seconded by Councilor Hughes, and carried unanimously. Item llj Moved by Councilor Kirkham that the following be reappointed to the Park Board for terms as noted. a. James Welburn - 12/31/92 b. Sunny Davidson - 12/31/94 c. James Smith - 12/31/92 d. Gary Baker - 12/31/94 e. Shirley Harris - 12/31/93 f. Gale Richardson - 12/31/94 g. Herb Marvel - 12/31/94 h. Hunter Kirkpatrick - 12/31/94 Motion seconded by Councilor Farabee, and carried unanimously. Item llk Moved by Councilor Kirkham that the following be appointed to the Traffic Safety Commission for terms as follows. a. Helen Henderson (replacing Pat Osoinach) - 12/31/92 b. Dawn Williams - reappointed to 12/31/94 c. Harvey Coombs - reappointed to 12/31/94 d. Bruce Preston - reappointed to 12/31/94 e. Dale Terry - reappointed to 12/31/94 f. Edward Ackerson - reappointed to 12/31/94 Motion seconded by Councilor Hughes, and carried unanimously. Item 111 Moved by Councilor Kirkham that the following be appointed to the Zoning Board of Adjustment, for terms expiring January 31, 1993 . a. Bill Franklin (replacing Ralph Perkins) b. Scott Cannady c. Edwin Bebb (replacing Burrell Lacey) d. Robert Murphy (replacing Syd Litteken) Motion seconded by Councilor Farabee, and carried unanimously. Two alternate positions are open. 850 Item llm Moved by Councilor Kirkham that the following be reappointed to the Landmark Commission for terms to expire as noted. a. Nancy Sherrill - 12/31/94 b. Dick Bundy - 12/31/94 c. Vernodene Huckaby - 12/31/93 d. John Hampton - 12/31/93 Motion seconded by Councilor Hughes, and carried unanimously Three vacancies are left open for applications. Item lln Moved by Councilor Kirkham that the following be reappointed to the Plumbing and Mechanical Board of Adjustments and Appeals for terms to expire December 31, 1993 . a. Mike Veresh b. Leon Biddy c. Howard Morris d. Bill Rowland e. Brian Walser Motion seconded by Councilor Hughes, and carried unanimously. Item llo Moved by Councilor Kirkham that Doris Kelley be appointed to the Mayor ' s Commission on the Status of Women for a term to expire September 30 , 1993 . (Replacing Dr. Terry Bartholomew. ) Motion seconded by Councilor Farabee, and carried unanimously. Item llp Moved by Councilor Kirkham that the following be appointed to the MHMR Public Responsibility Committee for terms as follows. i a. Jean Puckett (replacing Jeanmarie Baer) - 8/31/93 b. Jeane Wakeman (replacing Joseph Ragan) - 8/31/92 Motion seconded by Councilor Hughes , and carried unanimously. Item llg Moved by Councilor Kirkham that Joe Pistocco, Martin Litteken, and Ralph Dunkelbert be reappointed to the T. I .F. Board for terms to expire December 31 , 1993 , and that Joe Pistocco be appointed Chairman for a term to expire December 31, 1992. Motion seconded by Councilor Farabee, and carried unanimously. 851 Items llr, s Moved by Councilor Kirkham that the following be appointed to the Museum and Art Board. a. John Hampton - May, 1992 b. Pat Jones - May, 1993 The expiration date of city appointed members will be May 1 . Motion seconded by Councilor Farabee, and carried unanimously. The City Council adjourned /lat 12: 55 p.m. PASSED AND APPROVED this �4)� day of i 1992 . r� C_ r i Michael Lam, Mayor ATTEST: Wilma J. Tlfomas, CMC/AAE City Clerk