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Min 02/04/1992 860 Wichita Falls, Texas Memorial Auditorium Building February 4, 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 - Paul Hughes - J. W. Martin - Councilors Don Kirkham - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk Angus Thompson - (Absent) The invocation was given by Dale Scott, Loop 11 Church of Christ. Item 3 Gary A. Green, Water Distribution, was honored as Employee of the Month for February. Mayor Lam presented him with a plaque, City of Wichita Falls pin, bus tickets, a check, and tickets to a theatre and dinner. Item 4 Moved by Councilor Hughes that minutes of the meeting held January 21, 1991 , be approved. Motion seconded by Councilor Martin, and carried unanimously. Items 5a - 7g Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None i 861 Item 5a RESOLUTION NO. 14-92 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON THE ATTACHED LIST OF ACCOUNTS. Item 6a RESOLUTION NO. 15-92 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE RIDGEMONT DRIVE DRAINAGE PROJECT Item 7 Minutes of the meetings of the following boards and commissions were received. a. Library Advisory Board - November 26 , 1991 b. Planning and Zoning Commission - January 8 , 1992 c. Board of Electrical Examiners - January 9, 1992 d. Wichita Falls/Wichita County Public Health Board - January 10 , 1992 e. Civil Service Commission - January 13 , 1992 f. Building Code Board of Adjustments and Appeals - January 3 , 1992 g. Park Board - January 23 , 1992 Item 8a ORDINANCE NO. 5-92 ORDINANCE WAIVING SECTION 22-1(a) ( 9) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT BANNERS AND POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND RESERVATION OF A PORTION OF THE PARK BY THE AMERICAN CANCER SOCIETY IN HAMILTON PARK. Moved by Councilor Martin that Ordinance No. 5-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin and Kirkham Nays: None Item 8b ORDINANCE NO. 6-92 ORDINANCE WAIVING SECTION 22-1(a) ( 9 ) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT BANNERS AND POSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND RESERVATION OF A PORTION OF HAMILTON PARK ON MARCH 21, 1992 DURING THE ANNUAL EASTER SEAL RUN Moved by Councilor Martin that Ordinance No. 6-92 be passed. 862 Item 8b, cont'd. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None Item 8c ORDINANCE NO. 7-92 AN ORDINANCE REZONING A 3 . 33 ACRE TRACT OUT OF BLOCK 9 , DENTON COUNTY SCHOOL LANDS, LEAGUE 1 (PORTION OF 4720 KELL FREEWAY) , WICHITA FALLS, TEXAS FROM SINGLE- FAMILY RESIDENTIAL (SF-2) ZONE, TO MULTI-FAMILY RESIDENTIAL (MFR) ZONE (R-92-02 ) Moved by Councilor Farabee that Ordinance No. 7-92 be passed. Motion seconded by Councilor Hughes. Cathy Mathews, 4500 Sisk Road, stated that she did not want a zoning change in this area. It was pointed out by Councilor Martin that since she did not live in this area that her area would not be affected. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None Item 8d ORDINANCE 8-92 AN ORDINANCE REZONING A 0. 5 ACRE TRACT OF LAND OUT OF BLOCK 9 , DENTON COUNTY SCHOOL LANDS, LEAGUE 1 (PORTION OF 4720 KELL FREEWAY) , WICHITA FALLS, TEXAS FROM SINGLE FAMILY RESIDENTIAL, (SF-2) ZONE, TO GENERAL COMMERCIAL (GC) ZONE (R-92-01) Moved by Councilor Hughes that Ordinance No. 8-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham i Nays: None i Item 8e ORDINANCE NO. 9-92 1 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM DESIGNATED FUND BALANCE AND AUTHORIZING THE REPLENISHMENT OF FUNDS FROM UNDESIGNATED FUND BALANCE 9 863 Item 8e, cont'd. Moved by Councilor Martin that Ordinance No. 9-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None Item 8f ORDINANCE NO. 10-92 ORDINANCE APPROPRIATING $2 , 500. 00 IN HOTEL/MOTEL FUNDS FOR THE RENTAL OF A SECURITY FENCE TO BE USED AT THE ACTIVITIES CENTER DURING THE COUNTY FAIR Moved by Councilor Martin that Ordinance No. 10-92 be passed. Motion seconded by Councilor Hughes. Councilor Loughry expressed support for the fair, but not for the City' s donation of the money for the fence. Mayor Lam noted that this seems to be a test year for them to see if they can increase their revenue. This event is held on the parking lot and in the streets. He understood that after this year they would report on their revenue. This is a fence rental. Councilor Martin noted that the six foot fence would be anchored by rubber tires filled with concrete. There would be no damage to buildings. Emergency exits have been approved by the Fire Department. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item 8g ORDINANCE NO. 11-92 ORDINANCE AMENDING SECTION 22-90-94 OF THE CODE OF ORDINANCES CHANGING THE SOFTBALL COMPLEX OPERATING PROCEDURES. Moved by Councilor Kirkham that Ordinance No. 11-92 be passed. Motion seconded by Councilor Hughes. Jack Murphy explained that these minor changes are a result of the annual review of operating procedures. This is a management policy, as opposed to participant recommendations. Councilor Martin questioned the use of charge cards for deposits, and metal spikes for tournaments. It was explained that more participants could be involved with the use of charge cards, and the cost to the City is minimal. The players also prefer metal spikes because of the speed of the game. 864 Item 8g, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None Item 9a RESOLUTION NO. 16-92 RESOLUTION DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE SOLD BY SEALED BIDS. Moved by Councilor Hughes that Resolution No. 16-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors, Farabee Loughry, Hughes, Martin, and Kirkham Nays: None Item 9b RESOLUTION NO. 17-92 RESOLUTION APPROVING AMENDMENT NUMBER 5 WITH ATLANTIC SOUTHEAST AIRLINES AND AMENDMENT NUMBER 6 WITH METRO FLIGHT, INC. , FOR LEASE OF PREMISES AT MUNICIPAL AIRPORT Moved by Councilor Farabee that Resolution No. 17-92 be passed. Motion seconded by Councilor Hughes. Councilor Loughry inquired about meetings of the Aviation Advisory Board. Mayor Lam noted that greater leadership exists on the present board. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None 9 7 jItem 9c 4 E RESOLUTION NO. 18-92 i RESOLUTION CALLING REGULAR CITY ELECTION FOR MAY 2, � 1992 , AND NAMING POLLING PLACES. Moved by Councilor Farabee that Resolution No. 18-92 be i passed. Motion seconded by Councilor Martin. 865 Item 9c, cont'd. Councilor Kirkham pointed out the need for persons to look at their new voter registration card because many of the precincts have changed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None Item 9d ..mar RESOLUTION NO. 19-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR CONTRACT WITH THE NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION, INC. Moved by Councilor Hughes that Resolution No. 19-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 9 : 09 a.m. , and reconvened at 9: 24 a.m. Item 9f RESOLUTION NO. 20-92 RESOLUTION REVERSING THE DISAPPROVAL OF A CONDITIONAL USE PERMIT APPLICATION FOR A CONVERSION OF A NON- CONFORMING NURSING HOME INTO A BOARDING HOUSE AT 4445 SISK ROAD, WICHITA FALLS, TEXAS, AND GRANTING THE Aft PERMIT. Moved by Councilor Hughes that Resolution No. 20-92 be passed. Motion seconded by Councilor Martin. Jean Merrill, 4330 Sisk Road, appeared in favor of the boarding house at that location. Marjorie Crooks, 18 Oxley Drive, appeared in opposition to the boarding house. Mr. McKinney explained that this area is not proposed to be rezoned, but is a nonconforming use. If that business ceased, it would have to go through the same process as it is now with notification to the neighbors. She spoke to the traffic she was afraid would be generated. She also objected to five baths for 17 or more people to use. Ken Jahnkee, 16 Oxley Drive, requested that the Council support the decision of the Planning and Zoning Commission. 866 I Item 9f, cont'd. Cathy Mathews, 4500 Sisk Road, read a statement of objection to the Nursing home. She spoke to the traffic and lack of bathrooms. She suggested a park for the area, as opposed to the boarding house. Monte Beasley, Realtor, stated that he can see the view of the opposition, but he can also se Mr. Patterson' s problem. Darla Griffith stated that she is the applicant for this proposal, and that she did not know that a boarding house had a bad connotation. She explained how it would be operated, and feels that the traffic concerns are unwarranted since traffic will only be on Sisk Road. She stated there will be six bathrooms for fourteen units. Councilor Loughry supported the addition of a new business to increase the tax base. Councilors Martin, Hughes, Kirkham, and Mayor Lam also agreed with this concept. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None Item 9g RESOLUTION NO. 21-92 RESOLUTION REVERSING THE DISAPPROVAL OF A CONDITIONAL USE PERMIT APPLICATION FOR A WAREHOUSE IN A GENERAL COMMERCIAL ZONE AT 1416 TWIN OAKS STREET, WICHITA FALLS, TEXAS, AND GRANTING THE PERMIT. Moved by Councilor Hughes that Resolution No. 21-92 be passed. Motion seconded by Councilor Martin. Jerry Burshaw, General Manager of Schwan' s Ice Cream, explained that they are not a warehouse, but a distribution center. Fencing and location of the propane tank were clarified. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None Item 9h RESOLUTION NO. 22-92 RESOLUTION APPROVING TEN YEAR LEASE TO THE WICHITA COUNTY HERITAGE SOCIETY OF LOTS 1-9, BLOCK 177, ORIGINAL TOWN OF WICHITA FALLS, LESS A THIRTY FOOT STRIP OF LAND. Moved by Councilor Kirkham that Resolution No. 22-92 be passed. I 867 Item 9h, cont'd. Motion seconded by Councilor Hughes. Jerry Nabors, President of the Heritage Society, spoke to the history of the railroad in our community. Bill McGregor, Vice President of the Heritage Society, explained that they have decided to act as a liaison between the Railroad Museum and the City of Wichita Falls. He commented on the terms of the agreement. They also hope to acquire the Route Building, which is adjacent to this site. Gayla Morris, Executive Director of the Heritage Society, spoke to how this project will affect the City, such as economic factors, and in bringing other museums to this location. Mayor Lam commented that this is good news to the Council, stating he doubts it could survive without their help. David White, President of T.C. White Company, encouraged the Council to approve this request for the downtown area, and for future funding when requested by the Heritage Society. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Oft Nays: None Iwo Item l0a Kermit Pruitt, 1907 Giddings, requested additional time for repairing his structure, which was on the January 21 , 1992 , meeting. The Council suggested that he work out a plan with Mr. McKinney for repair or demolition. He was given an additional 60 days. Item 10b Councilor Kirkham noted a law which will go into effect on March 1, 1992 , pertaining to disposal of oil and filters. They cannot be placed in the trash, and it is required to be placed in approved containers and picked up. He appealed to those who will take this material to let people know, stating it is a misdemeanor. Mayor Lam requested an ordinance be drawn up to create a Y committee to study development and beautification in the downtown area. He commended the Multi Purpose Events Committee for doing an excellent job. Councilor Martin also commended the Multi Purpose Events Committee for their work. He stated we need to establish collection centers for oil and filters. He also noted that security at the library should be stepped up by the Police Department. Mayor Lam congratulated the library efforts for a successful fund raising. Councilor Loughry again mentioned intersections at 9th Street, and Mr. Bonnett stated that not much can be done until there is a capital improvement program. 868 Item 10b, cont'd. Councilor Loughry asked about procedures for billing and turning on a water meter. Mr. Berzina explained that the charge would begin when it gets in their name. Mr. Bonnett further explained that there is always a responsible party when the meter is turned on. No business was presented under Item 10c. Item 10d The City Council recessed into executive session at 10 : 51 a.m. , according to Article 6252-17, Section 2 (g) , VACS. The meeting reconvened at 11 : 17 a.m. Item 10e Mayor Lam announced that the Council is in need of applications from citizens interested in serving on the Appraisal Review Board. They will forego any discussion of this matter, and Item 9e, until applications are received. He requested that they be submitted within a week. The City Council adjourned at 11 : 19 a.m. PASSED AND APPROVED this the day of ;�It , 1992 . Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk a i i i 3 j� 9 �-r ., ,