Loading...
Min 03/17/1992 887 Wichita Falls, Texas Memorial Auditorium Building March 17 , 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 Steve Robertson, Wesley United Methodist Church. Mayor Lam presented proclamations for Professional Social Workers Month, Literacy Council, Special Olympics Week, and Classic Big Band Dance Day. i Item 3 i Moved by Councilor Thompson that minutes of the meeting held March 3 , 1992, be approved. Motion seconded by Councilor Farabee, and carried unanimously. I Items 4a-6d Moved by Councilor Kirkham that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham i i Nays: None Item 4a c RESOLUTION NO. 41-92 i i RESOLUTION APPROVING THE WAIVER OF PENALTY AND INTEREST ON ACCOUNT #0959-088-0000 888 Item 4b RESOLUTION NO. 42-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT TO COCA-COLA BOTTLING COMPANY Item 4c RESOLUTION NO. 43-92 RESOLUTION TO APPROVE SECOND AMENDMENT TO LEASE AGREEMENT WITH WICHITA VALLEY WATER SUPPLY CORPORATION M Item 4d RESOLUTION 44-92 RESOLUTION TO APPROVE AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF OLNEY Item 5a RESOLUTION 45-92 RESOLUTION TO APPROVE CHANGE ORDER NO. 13 FOR RIVER ROAD WASTEWATER TREATMENT PLANT MODIFICATIONS AND ADDITIONS PROJECT Item 6 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - February 5 , 1992 b. Human Relations Commission - February 25, 1992 C. Park Board - February 27, 1992 d. Commission on Disability - March 2 , 1992 Item 7a Mr. Humbach explained the purpose for this ordinance. Bill Parker, City Engineer, explained that in 1988 an ordinance was passed. In the discussion, but not a part of the ordinance, subdivision plats would be grandfathered. Several months ago, several plats began coming in on which no activity had taken place in the last four to eight years. Summerfield Estates, Windchimes, and Fountain Park were the only ones grandfathered. Activity on a preliminary plat was good for only one year. He stated that legal counsel advised that no plats were exempt for detention. A committee will be formed to study the detention ordinance to make recommendations. ORDINANCE 17-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS TEMPORARILY AMENDING CHAPTER 32 ENTITLED WATER AND SEWER AT SECTION 32-139; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR A REPEALER CLAUSE. Moved by Councilor Thompson that Ordinance No. 17-92 be passed. Motion seconded by Councilor Hughes. 889 Item 7a, cont'd. Chuck Dennis, 1108 Turtle Creek Road, stated that the ordinance was passed without the recommendation of the storm water detention committee. In January of this year there was a reversal from the Public Works Department. He noted that this ordinance does not address residential lots in the $50,000 to $60,000 price range. No developers are going to develop this size lots because of the restrictions placed on residential development by this ordinance. Unless developers have some assurance that these restrictions will be lifted there will not be any planning for these type of lots by the developers. Councilor Farabee favored the 120-day window until a new ordinance is written. Councilor Hughes did not feel the 120 days would close the window as far as developers are concerned. They are trying to address a problem for on-going developments, not something new. There is still plenty of time to review the ordinance within the next 120 days. Councilor Kirkham stated he agrees with Mr. Dennis that it is a very different political climate at this time than when the ordinance was passed. He favored the 120-day window, along with Councilors Thompson and Martin. An amended motion was made by Mayor Lam to delete Section 4 of this ordinance. Motion seconded by Councilor Loughry. Councilor Hughes explained that he cannot support this because he was afraid it would not be addressed later. The amended motion failed by the following vote. Ayes: Mayor Lam and Councilor Loughry Nays: Councilors Farabee, Thompson, Hughes, Martin, and Kirkham The motion for passage of Ordinance No. 17-92 carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin and Kirkham Nays: None Item 7b ORDINANCE NO. 18-92 ORDINANCE MAKING AN APPROPRIATION FROM REVENUE AND EQUITY ASSETS OF THE 1984 WATER AND SEWER BOND ISSUE TO AN APPROPRIATE OPERATING ACCOUNT FOR PURPOSES OF FUNDING LAKE DIVERSION SPILLWAY Moved by Councilor Martin that Ordinance No. 18-92 be passed. Motion seconded by Councilor Thompson. Jerry Gross answered questions that were posed, and stated he assumed work could begin on this project around May 1-15, 1992. 890 Item 7b, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7c ORDINANCE NO. 19-92 ORDINANCE WAIVING SECTION 22-5 OF THE CODE OF ORDINANCES PERMITTING RIDERS ON IN-LINE SKATES RIGHT OF WAY AND RESERVATION OF THE WEST PARKING LOT FOR AN EVENT BY THE BIKE STOP ON APRIL 5 , 1992 IN LUCY PARK Moved by Councilor Hughes that Ordinance No. 19-92 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 7d Councilor Farabee withdrew from discussion or voting on this item because he is Chairman of the March of Dimes event. ORDINANCE NO. 20-92 ORDINANCE WAIVING SECTION 22-1 (a) ( 9) OF THE CODE OF ORDINANCES PERMITTING SIGNS DURING MARCH OF DIMES WALK AMERICA EVENT ON APRIL 25, 1992 IN LUCY PARK Moved by Councilor Hughes that Ordinance No. 20-92 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7e ORDINANCE NO. 21-92 ORDINANCE WAIVING SECTION 22-1(a) ( 2) OF THE CODE OF ORDINANCES PERMITTING VEHICLES ON THE GRASS TO INSTALL PYLONS DURING THE WICHITA FALLS RADIO CONTROL CLUB'S MODEL AIRPLANE RACE ON MAY 30-31 , 1992 IN JAYCEE PARK Moved by Councilor Farabee that Ordinance No. 21-92 be passed. Motion seconded by Councilor Kirkham, and carried by the 891 Item 7e, cont'd. following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7f ORDINANCE NO. 22-92 ORDINANCE WAIVING SECTION 22-1(a) ( 2 ) AND SECTION 22- 1(a) ( 9 ) OF THE CODE OF ORDINANCES PERMITTING VEHICLES ON THE GRASS AND SIGNS DURING AN EVENT BY NOSTALGIC STREET MACHINES ON JULY 25, 1992 IN LUCY PARK Moved by Councilor Farabee that Ordinance No. 22-92 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 8a RESOLUTION 46-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE ! APPLICATION AND TO EXECUTE AGREEMENTS WITH THE TEXAS URBAN FORESTRY COUNCIL FOR MATCHING TREE GRANT j Moved by Councilor Thompson that Resolution No. 46-92 be passed. Motion seconded by Councilor Hughes. Councilor Thompson mentioned trees on the Sheppard Access Road. Mr. Murphy stated that the supplier still owes the City about 150 trees. They are going through the Court to recover these trees. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham j Nays: None i i I Item 8b I RESOLUTION NO. 47-92 A RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF BURKBURNETT TO ADMINISTER THE CITY OF BURKBURNETT' S HEALTH AND DENTAL PLAN Moved by Councilor Hughes that Resolution No. 47-92 be passed. 892 Item 8b, cont'd. Motion seconded by Councilor Farabee. Mrs. Stricklin explained that this is the same type of agreement which the City of Vernon passed unanimously. Gary Bean, of Burkburnett, could not be in attendance today, but Mayor Wayne House and Gary Jones, from Iowa Park, are here, and Electra will be the last one. Councilor Hughes agreed with this plan. Councilor Loughry asked for a copy of the TPA contract. Mrs. Stricklin noted that she could provide him a copy of the time sharing agreement which we have. Councilor Loughry stated he does not think we are doing a good job with our own employees. Councilor Thompson stated that he believes the Personnel Department is doing a fine job. He also favors stopping with Electra. Councilor Martin also commended Mrs. Stricklin for her fine work, stating it is a good idea to work with our neighboring cities to save money. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item 8c RESOLUTION NO. 48-92 A RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF BURKBURNETT TO ADMINISTER THE CITY OF BURKBURNETT'S WORKERS ' COMPENSATION PROGRAM Moved by Councilor Hughes that Resolution No. 48-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Oft Nays: None Item 8d RESOLUTION NO. 49-92 A RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF IOWA PARK TO ADMINISTER THE CITY OF IOWA PARK' S WORKERS ' COMPENSATION PROGRAM Moved by Councilor Farabee that Resolution No. 49-92 be passed. Motion seconded by Councilor Thompson, and carried by the 893 Item 8d, cont'd. following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8e RESOLUTION NO. 50-92 A RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF IOWA PARK TO ADMINISTER THE CITY OF IOWA PARK'S HEALTH AND DENTAL PLAN Moved by Councilor Farabee that Resolution No. 50-92 be passed. Motion seconded by Councilor Hughes. William C. Young, 1018 Widows Lane, complimented the City on this plan to save money. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item 9a RESOLUTION NO. 51-92 RESOLUTION TO AWARD BID TO CENTRAL PLAINS CONTRACTING CO. FOR LAKE DIVERSION SPILLWAY ADDITION Moved by Councilor Kirkham that Resolution No. 51-92 be passed. Motion seconded by Councilor Farabee. Jerry Gross expressed confidence that the bidder could do this job. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9b Moved by Councilor Hughes that the bid for an annual supply of fertilizer be awarded, as follows. a. Berend Brothers - $4,873 . 38 b. Estes Chemicals - $1, 442. 25 C. Feed and Garden - $1,692. 10 894 Item 9b, cont'd. d. Lesco, Inc. - $1 , 545. 60 e. Sports Turf - $1,080 .00 Motion seconded by Councilor Martin, and carried unanimously. The City Council recessed at 9: 40, and reconvened at 9: 55 a.m. Item 10a =Y Mayor Wayne House, of Iowa Park, thanked the Council for approving the health care package. Gary Jones, City Administrator, also expressed his appreciation. Gary Jones also addressed the Council concerning a long term lease at Lake Kickapoo so that he can rebuild on his lease out there, and proceed with building plans. He asked that it be placed on the next council agenda. Mayor Lam explained that they have a lot of decision making to do, and they do not yet know when that will happen, and what decision will be made is unknown at this time. They would consider his request, but placing it on the next council agenda is probably premature. Mr. Humbach pointed out that the Council will have to make a policy decision at the time Lake Kickapoo leases expire. Rather than addressing this on a lease by lease basis it should be addressed as a policy on the whole situation. Mayor Lam advised him to not spend a dime until a decision is made. Kermit Pruitt, 1907 Giddings, addressed the Council regarding a garage which needs to be demolished, stating he would like to build a pole barn and garage on the slab. He asked for a time extension on completing the project. Following some discussion on the matter, Mr. McKinney stated that some progress has been made, and he will look into the situation. Mayor Lam requested that Mr. McKinney report to him. James Kellett again appeared concerning Lake Arrowhead lease notices and renewal options. Mr. Humbach explained that the Council had instructed the City Clerk to mail out notices for the 1992 leases. On those leases which the lessee has failed to exercise their option, or have lapsed, the Council will be addressing this situation at another Council meeting for a policy decision on whether to re-lease them under other terms and conditions. Mayor Lam stated that the City is under no obligation to notify them. This is where the lake people need to do their homework. 895 Item 10b Councilor Thompson asked about response time from Bonner Street Fire Station. Fire Chief James stated that at different times people have congregated in different areas, and they do need to move, but so far they have not had a situation where they could not respond. Councilor Thompson expressed concern about homes and persons being jeopardized because people congregate. Councilor Martin noted that the Quail Creek Apartment Complex is displaying the NATO flags. He also commended members of the Police Department for competing in the Special Olympics. Councilor Loughry mentioned garbage and sewer that needed to be cleaned out at the rear of Kenley Street. Mr. Gross emphasized that they did clean behind Kenley, and asked for the name and address so that they could respond. Councilor Loughry also mentioned light poles on Maplewood. Nothing was presented under Item 10c. Item 10d The City Council recessed into executive session at 10: 30 a.m. , according to Article 6252-17, Section 2(g) , VACS. The meeting reconvened at 10 : 55 a.m. Item 10e Moved by Councilor Kirkham that Chester Ludlam be reappointed to the Civil Service Commission for a term to expire March 1, 1995 . Motion seconded by Councilor Hughes, and carried unanimously. Item 10f Moved by Councilor Kirkham that Bob Schleider, Don Boley, and J.E. Biggs, Jr. be appointed to the Storm Water Detention Task Force. Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 11: 00 a.m. PASSED AND APPROVED this the day of 1992 . J,. t F ATTEST: Michael Lam, Mayor Wilma J. Thomas, CMC/AAE City Clerk Aft