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Min 07/02/1985 i 770 Wichita Falls, Texas Memorial Auditorium Building July 2, 1985 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. Craig A. Wilson Mayor Pro tem Thomas E. Swift Charles Thomas Charles Harper Bill Palmer H.P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Gary D. Cook Absent James A. Welburn Absent James Berzina Absent I The invocation was given by Leslie McGalliard, Faith Village Church of Christ. Item 3 Moved by Councilman Palmer that minutes of the meeting held June 18, 1985, be approved. Motion seconded by Councilman Harper, and carried unanimously. Items 4a-6a Item 6a was moved to the regular agenda. I Moved by Councilman Palmer that the consent agenda be approved. Motion seconded by Councilman Harper. Item 4a Larry Hardin, an employee of the Fire Department, was honored as Employee of the Month for July. Mayor Pro tem Wilson presented him with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 69-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING, A TWELVE (12) FOOT WIDE ALLEY IN BLOCK 1 , FELLOWS ADDITION, WICHITA FALLS, TEXAS, AND zETAINING AN UTILITY EASEMENT. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Palmer Nays: None ORDINANCE NO. 70-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TEN (10) FOOT WIDE PORTION OF A FIFTEEN (15) FOOT WIDE UTILITY EASEMENT IN LOTS 14 & 15, BLOCK 2, SIKES ESTATES, UNIT 1, SECTION G, WICHITA FALLS, TEXAS I 'I 771 Item 5a, cont'd. Ayes:, Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Palmer Nays: None ORDINANCE NO. 71-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A 7.5 FOOT WIDE UTILITY EASEMENT IN LOT 12, BLOCK 3, UNIVERSITY PARK, SECTION C, WICHITA FALLS, TEXAS. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Palmer Nays: None Item 6a Moved by Councilman Harper, for discussion, that minutes of the meeting of the Zoning Board of Adjustment held June 19, 1985, be received. Motion seconded by Councilman Palmer. Councilman Palmer asked if this action means just receipt of minutes as presented to them, or approval of them? City Attorney H. P. Hodge stated that it -is just receiving the minutes as presented to them, and that it does not indicate that they are either approving or disapproving anything in them. Councilman Palmer noted that he disapproves some of the things in these minutes. The City Attorney stated that a lawsuit has been filed as of yesterday, questioning the legality of the board in approving variances on Brook and Elizabeth. The Southland Association has filed a suit on the legality of that particular action. They have sued the board for review of the legality of the action which they took. In view of the fact that it has now been presented to the Court, he stated that he had better not comment on it. He feels some good may come out of it. He also stated that a member of his staff will be attending these hearings. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Thomas, Harper, and Palmer. Nays: Councilman Swift Item 7a ORDINANCE NO. 72-85 ORDINANCE AMENDING SECTION 1204.2 OF THE PLUMBING CODE OF THE CITY OF WICHITA FALLS, AND ADDING ADDITIONAL SECTIONS. Moved by Councilman Palmer that Ordinance No. 72-85 be passed. Motion seconded by Councilman Harper. Councilman Palmer asked who will make these inspections? Mr. McKinney stated that it will be the plumbers. He stated that the fees were basically to offset the cost of the City' s training. They are not for the actual permit, but for the taking of the course in training. Mr. McKinney stated that he was previously not aware that the fees were for training. Councilman Palmer was concerned about the City's efforts to recover our costs in various programs, and felt we should do so in this instance. Moved by Councilman Palmer that the ordinance be amended by inserting the requirement of a fee of $25.00 in Section (2) (a) , and the requirement of a fee of $15.00 in Section (2)(b) . Motion seconded by Councilman Harper. Mr. McKinney stated that the only reason they would need to renew the certification is that if some new information became available, or if new procedures were involved. 772 Item 7a, cont'd. The amended motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Palmer Nays: None The motion for passage of the ordinance, as amended, was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Palmer Nays: None Item 7b ORDINANCE NO. 73-85 AN ORDINANCE REZONING A 27.56 ACRE TRACT OUT OF BLOCKS 6 & 11, J.A. KEMP'S SUBDIVISION OF WILLIAM MAYER SURVEY A-193, WICHITA COUNTY, TEXAS FROM SINGLE-FAMILY RESIDENTIAL DISTRICT, STANDARD LOT (SF-2) TO MULTI-FAMILY RESIDENTIAL DISTRICT (MFR) Moved by Councilman Harper that Ordinance No. 73-85 be passed. Motion seconded by Councilman Thomas. Councilman Harper stated that this is a vacant piece of property on Barnett Road, and they have purchased the property for future building of a church. In talking with them and Mr. McKinney, they feel this is the best way to go. Councilman Wilson stated that this is consistent with the discussion in the zoning process to accommodate property owners where vacant land is involved. They don't have to go through the hearing and notification process for conditional use as it now exists. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Palmer Nays: None Item 7c ORDINANCE NO. 74-85 ORDINANCE WAIVING SECTION 31-41 OF THE CODE OF ORDINANCES, WHICH REQUIRES COUNTY RESIDENCE FOR CAB DRIVERS, FOR JIM R. SANDERS. Moved by Councilman Palmer for discussion, that Ordinance No. 74-85 be passed. Motion seconded by Councilman Thomas. Councilman Palmer asked about the purpose of the 6-month residency requirement. The City Attorney, City Clerk, and Fire Chief explained that it gave the Police Department a reasonable length of residency time to validate a person's record. The Fire Chief stated that it was originally enacted when there were strained relations between the base personnel and the city. It was noted that Mr. Sanders is not a resident, and apparently has no intention of becoming such. Mr. Sanders was not in attendance to discuss his request. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Palmer Nays: None 773 Item 7d ORDINANCE NO. 75-85 ORDINANCE PROHIBITING DRIVING, STOPPING, STANDING OR PARKING A MOTOR VEHICLE ON ANY STREET MEDIAN IN THE CITY OF WICHITA FALLS, AND DECLAR- ING IT AN EMERGENCY Moved by Councilman Harper, for discussion, that Ordinance No. 75-85 be passed. Motion seconded by Councilman Thomas. Councilman Harper noted that we have had a lot of medians torn up because of driving indiscriminately on them, and they have been severly damaged. He would hope that this gets out to city people who are parking on the medians. Councilman Thomas would like the news media to help us with the celebra- tion tomorrow at Sikes, to assist us in trying to keep people off the medians. Councilman Palmer suggested that the medians be roped off. Councilman Thomas suggested that the water be turned on tomorrow on these medians. Police and Parks will have people out there to assist, along with signs. Item 8a Discussion was held on a proposed resolution authorizing the City Manager to accept the proposal of Paul A. Reaume Associates for professional services -in the selection of a Director of Parks and Recreation. A motion was made by Councilman Swift, and seconded by Councilman Harper, for its passage. Councilman Harper stated that somewhere down the line we got off to hiring headhunters for hiring to fill positions. He stated that he is not sure we need a head hunter to hire a parks director. Some have already indicated an interest in talking about it. Councilman Palmer objects to going to Chicago to find a parks director. He is not adverse to hiring a headhunter, but he is adverse to going to Chicago to hire one. Councilman Wilson stated that there are two firms involved in municipal recruiting. One of them is in California, and one in Chicago. He stated that he has no problem with that firm. We have other recruiters who do not specialize in the hiring of municipal people. City Attorney H. P. Hodge stated that he understands that Mr. Reaume has a lot of contact that some others may not have. Councilman Wilson noted that sometimes the candidate you are looking for is not actively seeking employment. This is one of the reasons for a search team to seek out qualified people. Councilman Palmer preferred people closer home. Councilman Harper stated that Mr. Reaume is a very professional person. He did it very quickly, and in a businesslike manner. They felt he was the best in the country, and only one of two. If we hire someone to do it, Paul Reaume is the best we can find because he seems to know a lot of people over the country. Councilman Palmer asked if we know there are not firms in large Texas cities that can perform these services? Councilman Harper stated that he knows of none except these two, who specialize in municipal services. Moved by Councilman Palmer that this matter be tabled until Mr. Berzina has time to research into this general area for a price satisfactory to US. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Councilmen Swift, Thomas, and Palmer Nays: Mayor Pro tem Wilson and Councilman Harper 774 Item 8b RESOLUTION NO. 84-85 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THEIR PROVIDING FUNDS FOR THE SALARY OF ONE LABORATORY TECHNICIAN III . Moved by Councilman Harper that Resolution No. 84-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. jAyes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Palmer Nays: None Item 8c RESOLUTION NO. 85-85 RESOLUTION TO APPROVE CONTRACT WITH THE FIRM OF BIGGS & MATHEWS, INC. , CONSULTING ENGINEERS, FOR THE SMOKE TESTING OF SELECTED SANITARY SEWER LINES WITHIN THE CITY OF WICHITA FALLS Moved by Councilman Palmer that Resolution No. 85-85 be passed. Motion seconded by Councilman Harper. Councilman Thomas asked why we need an engineer to do this? Mr. Bonnett stated that it includes the analysis of the data, which is massive. He would recommend the engineer for this important function. This takes someone who has a good working knowledge of our system. He believes they have a good handle on where some of our problems are. Flow testing was done by Biggs and Mathews. He further stated that every community should contin- ually be doing this. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, and Palmer Nays: None Item 9a Councilman Palmer stated that he has been getting questions on why we are not using the K Plan or the Slupe Creek Plan for Holliday Creek. Mr. Bonnett addressed the data they have gathered at the Midwestern Parkway Holliday Creek bridge. The first runoff you get is the one you have to design to. It is higher than the second peak you get. Because of the tremendous amount of urbanization involved, we must address that first rush of water. It is far more expensive to construct the K Plan or Slupe Plan than to use the plan we have. Councilman Thomas noted that it might take many years to try to get a water permit to move water from one watershed to another. Mr. Bonnett stated there is a question of extreme liability. You also have to show there is really a need. Councilman Harper asked if anything has yet happened on our street vendor ordinance? Mr. Hodge stated that he does not know of anything. Councilman Harper stated that the carts are here in town if we want to go with it. He requested that Mr. Hodge bring an ordinance back to the Council . Councilman Wilson stated that he would favor the ordinance if it did not permit operation within 100 feet of a like business. Items 9b,c The City Council recessed into executive session at 9:�',5 A.M. , pursuant to Article 6252-17, Section 2, Paragraphs (g) and (e) , of the Revised Civil 775 Itmes 9b,c, cont'd. Statutes. The meeting reconvened at 11:35 A.M. Moved by Councilman Harper that the following appointments be made. a. Library Advisory Board - Mrs. Gary Dotter, Mark Prothro, and Thomas Pipes, for terms to expire June 30, 1988 b. Housing Authority Board - Clinton Tittsworth (appointed by Mayor and confirmed by the Council ) , for term to expire July 1 , 1987, (replacing Nancy Sherrill . ) c. Board of Electrical Examiners - Clarence Ahlstrom (replacing Ben Shelton) , for a term to expire June 8, 1987. Motion seconded by Councilman Thomas, and carried unanimously. Councilmen Harper and Palmer would like comment back from the various social agencies for funding in the budget so that it can be discussed before budget time. The City Council adjourned at 11:40 A.M. PASSED AND APPROVED this A��day of 1985. D. ok, ayor ATTEST: Wilma J. Thomas, Ck, City Clerk