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Min 08/05/1986 295 1 Wichita Falls, Texas Memorial Auditorium Building August 5, 1986 Item 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 5:30 o'clock P.M. , with the following members present. Charles Harper Mayor Sandy Goff Charles Thomas Ruth Ann Allred Ronald Buffum Lindsey Walker James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Don Kirkham Absent The invocation was given by Colonel Dennis M. Dwyer, Center Chaplain, Sheppard Air Force Base. A poem was read by Charles Harper, Mayor. Item 3 Moved by Councilman Thomas that minutes of the meetings held July 15 and 21, 1986, be approved. Motion seconded by Councilman Goff, and carried unanimously. Items 4a-6d Moved by Councilman Goff that the consent agenda be approved. Motion seconded by Councilman Buffum. Item 4a Margaret Bussey, an employee in the Inspection Department, was honored as Employee of the Month for August. Charles Harper, Mayor, presented her with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 5a RESOLUTION NO. 108-86 RESOLUTION TO APPROVE AN EASEMENT FOR TEXAS ELECTRIC SERVICE COMPANY AT THE CYPRESS STREET WATER TREATMENT PLANT Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None Items 6a-d Minutes of the meeting of the Planning and Zoning Commission held July 9, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None 296 Items 6a-d (Cont) Minutes of the meeting of the Board of Electrical Examiners held July 10, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None Minutes of the meeting of the Zoning Board of Adjustment held July 16, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None Minutes of the meeting of the Employee Benefit Trust Committee held July 17, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None Item 7a ORDINANCE NO. 58-86 ORDINANCE WAIVING SECTION 22-4 AND SECTION 22-1 , SUBSECTION (a)(9) OF THE CODE OF ORDINANCES TO ALLOW POSSESSION AND CONSUMP- TION OF BEER, AND PLACING OF BANNERS, IN LUCY PARK FOR ANNUAL "CHICANO DAY AT THE PARK". Councilman Allred noted that she would neither discuss nor vote on this issue, due to a possible conflict of interest. Moved by Councilman Buffum that Ordinance No. 58-86 be passed. Motion seconded by Councilman Goff. Councilman Goff asked what part of the park will be closed? Mr. Murphy stated that it would be East of the swimming pool . Councilman Walker clarified that other people will be able to utilize the park. Mr. Murphy did not anticipate any road closings. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas , Buffum, and Walker Nays: None Item 8h Charles Harper read the proposed resolution creating a task force on aging. Jim King, representing AARP, clarified that May 1, 1987, is the final day for this resoltuion to be in effect. Councilman Thomas noted that we need to chose the number of members before it is passed. Mrs. Ozuna stated that she believed there was descussion that we would have fifteen members. Councilman Walker felt that we should have broad coverage. RESOLUTION NO. 109-86 RESOLUTION CREATING A TASK FORCE ON AGING Moved by Councilman Thomas that Resolution No. 109-86 be passed, with fifteen members. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None 297 Item 7b 1 Discussion was held on a proposed ordinance rezoning portions of Hillcrest and Holliday Gardens Additions, from single family residential to general commercial and residential mixed use zones. A motion was made by Councilman Thomas, for discussion, and seconded by Councilman Allred. Roger McKinney stated that the Planning and Zoning Commission directed the staff to make a study of this area. Public hearings were held by the Planning and Zoning Commission. All residents were notified, and given an opportunity to have input. They have received several requests for placement of mobile homes in this area, which would not be allowed ' in a single family district. They have received very few comments from the neighborhood. Mrs. Delia Edgmon, a resident on 33rd Street stated that she has signatures of about eighty (80) property owners opposed to the rezoning. She stated that zoning has now provided some protection, and they would like the Council to leave it like it is. Moved by Councilman Allred that this matter be tabled until the next council meeting on August 19, 1986. E Motion seconded by CouncilmanBuffum, and carried unanimously. Item 7c Discussion was held on a proposed ordinance rezoning the area South of Lake Shore Drive, and also including South portion of Jaycee Park, from single family to residential mixed use zone. Mr. McKinney stated that this study was done at about the same time as the previous one on Hillcrest and Holliday Gardens. A twenty percent criteria was not reached, so a simple majority vote is all that is needed. This would allow mobile homes as a conditional use. ORDINANCE NO. 59-86 AN ORDINANCE REZONING THE AREA SOUTH OF LAKE SHORE DRIVE, EXTENDING EAST FROM THE WEST BOUNDARY OF LOT 90 LAKE VIEW FARMS SUBDIVISION TO AND INCLUDING THE SOUTH PORTION OF JAYCEE PARK, FROM SINGLE- FAMILY, STANDARD LOT (SF-2) TO RESIDENTIAL MIXED USE (RMU) ZONE Moved by Councilman Goff that Ordinance No. 59-86 be passed. Motion seconded by Councilman Walker. Sherry Knox, 4909 Lake Shore, stated that both she and Leon Sanner approve of this rezoning. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None Item 8a Planning Director Roger McKinney stated that a petition has been received from the River Ridge Developers, requesting annexation. Mr. McKinney also stated that a larger area has been included for annexation. He identified the area to be annexed. This ordinance would call for public hearings. Councilman Thomas clarified that there are no inhabitants in this area. 298 Item 8a (Cont) RESOLUTION NO. 110-86 A RESOLUTION CALLING PUBLIC HEARINGS ON AN ANNEXATION PROCEEDING Moved by Councilman Walker that Resolution No. 110-86 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Mayor Harper, Councilmen, Goff, Thomas, Allred, Buffum, and Walker Nays: None Item 8b RESOLUTION NO. 111-86 RESOLUTION CHANGING THE NAME OF BELLEVUE PARK TO HAROLD JONES PARK Moved by Councilman Thomas that Resolution No. 111-86 be passed. Motion seconded by Councilman Goff. Councilman Thomas stated that there was never a designated official name for this park. The name was only acquired by the engineer writing "Bellevue" on the plat, which means "beautiful place". He stated that they are very honored to do this for Harold Jones, who has been a supporter of parks in Wichita Falls. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None Item 8d RESOLUTION NO. 112-86 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN EASEMENT AGREEMENT WITH COMMUNITY TELEPHONE COMPANY, INC. , OF WINDTHORST, ALONG FM 172 NEAR DEER CREEK AT LAKE ARROWHEAD. The City Manager explained this easement agreement request. Moved by Councilman Allred that Resolution No. 112-86 be passed. Motion seconded by Councilman Thomas, and carried unanimously. Item 8e Discussion was held on a proposed resolution requesting the Texas Legislature not to divert highway improvement funds to other uses. Councilman Thomas stated that the Texas Good Roads Association requested that the City pass this resolution. He feels it is important for the quality of the community. Councilman Buffum asked if this would affect Kell ? Mr. Bonnett stated that it could affect Stage 2 of Kell , but not projects presently under construction. RESOLUTION 113-86 RESOLUTION REQUESTING THE TEXAS LEGISLATURE NOT TO DIVERT HIGHWAY IMPROVEMENT FUNDS TO OTHER USES. Moved by Councilman Buffum that Resolution No. 113-86 be passed. Motion seconded by Councilman Thomas 299 Item 8e (Cont) I Councilman Walker asked where they would put this money? The City Manager stated that it is an earmarked fund, but now they are talking about an effort to re-earmark it so that it would go to other uses. It is one thing they have been requested to consider. The motion was carried by the following vote. i 1 Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker 3 Nays: None Item 8f i RESOLUTION NO. 114-86 RESOLUTION AUTHORIZING REIMBURSEMENT OF LONE STAR GAS COMPANY'S COSTS FOR THE RELOCATION OF TWO NATURAL GAS TRANSMISSION PIPELINES Moved by Councilman Thomas that Resolution No. 114-86 be passed. Motion seconded by Councilman Allred. Councilman Thomas asked why moving this line is so expensive? David Liles, of Lone Star Gas, stated that they do not do this xray work. It is simply their costs of moving these lines. Mr. Bonnett stated that the price came in under the estimate of the Corps of Engineers. Councilman Thomas stated that the cost is $127 a foot to do this xray. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None Item 8g RESOLUTION NO. 115-86 RESOLUTION AUTHORIZING REIMBURSEMENT OF LONE STAR GAS COMPANY 'S COSTS FOR THE RELOCATION OF A NATURAL GAS DISTRIBUTION PIPELINE Moved by Councilman Thomas that Resolution No. 115-86 be passed. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None Item 9a RESOLUTION NO. 116-86 RESOLUTION TO AWARD BID FOR 1986 BUDGET UTILITY IMPROVEMENT PROJECT AND 1986 RADY WATER IMPROVEMENT PROJECT Moved by Councilman Thomas that Resolution No. 116-86 be passed. Motion seconded by Councilman Goff. Councilman Thomas noted that of six bidders, there is a difference of $160,000 plus in the high and low bidders. Charles Harper, Mayor, stated that this is about normal . Councilman Buffum asked if we have a track record on Opex, and Mr. Bonnett stated that they are an outstanding contractor. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None 300 Item l0a RESOLUTION NO. 117-86 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE HARRISON RECONSTRUCTION PROJECT Moved by Councilman Allred that Resolution No. 117-86 be passed. Motion seconded by Councilman Walker, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None Item lla Roger McKinney stated that this item was before the Planning and Zoning Commission at the last meeting, and it was denied. It pertains to a request for an off-street liquor package store at 2108 Holliday Street. He stated that even though it would meet the technical require- ments of the ordinance, there were several comments and opposition to it. Joe Collins , 4678 University, stated that 26 notices were mailed, and six questionnaires were returned. There was only one person at the meeting who was in opposition as a private citizen. This location, on the corner of Galveston and Holliday, faces no residential areas in front. There are some businesses at the rear. Mr. Collins stated that there is no church in this area. There are other package stores in the area. Councilman Buffum stated that it has been his feeling that they apply the planning and zoning very accurately. He would have to go along with the recommendations of the Planning and Zoning Commission. No one made a motion; thus the appeal was denied. Item llb ORDINANCE NO 60-86 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, BY ANNEXING CERTAIN TRACTS OF LAND ADJACENT TO THE TERRI- TORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACTS OF LAND AND SERVICE PLAN FOR SUCH TRACTS OF LAND ARE DESCRIBED IN THIS ORDINANCE Moved by Councilman Allred that Ordinance No. 60-86 be introduced. Motion seconded by Councilman Buffum. Councilman Thomas asked about advertising costs? Mr. McKinney stated that it could cost up to $250. It was thought by City Attorney H. P. Hodge that the Shopper would not qualify as an advertising media. He stated that he would review it again, and come back with an answer. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None 301 Item llc Discussion was held on award of city audit contract, which expires this year. Councilmen Goff and Thomas have interviewed various audit firms for selection. Councilman Thomas stated that the committee met twice, and it was unanimous that we select Mathis, West, and Huffines, i for a three-year period. a RESOLUTION NO. 118-86 i RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE INDEPENDENT AUDIT OF THE CITY OF WICHITA FALLS. Moved by Councilman Thomas that Resolution No. 118-86 be passed. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, and Walker Nays: None + Item lld Lynn Dozier, 1612 Bert Drive, requested a waiver of certain ordinances for the chili cook-off, sponsored by the Jaycees. He named six ordinances that they would like to have waived. He stated that they had no problems last year, and police protection was reduced. He stated that they have incorporated help from Sheppard Air Force Base to assist in security. Councilman Walker mentioned some past embarrasments at the cook-off. Councilman Thomas noted that he believed that women in Jaycees have made a difference. Major Pilcher was requested by Charles Harper, Mayor, to have a recommendation next time on police protection. The Council could not take any action on this matter since it was not on the agenda. It will be brought back later. Betty Murphy, Spokesman for the Patton Addition, stated that they object to the recent recommendation of the Park Board to place the soft- ball complex in Lucy Park. Under no circumstances do they want a soft- ball complex in Lucy Park. They estimated that from 1000 to 1500 people invaded their yards during Fallsfest. She read a letter from Mrs. Swadley, on Terrace Street, stating that she had to stand guard for about 16 hours, trying to keep people off her fence. Her fence was damaged. They went over her fence, even though she was standing guard. Mrs. Murphy mentioned urination, fights, drugs , and people passed out in yards. She stated that Fallsfest was only for three days, but a softball complex would bring in people for several months. Last February a petition signed by 260 persons was presented to this Council , with reasons for not wanting the softball complex in Lucy Park (noise, trash, traffic, and decreased value of property) . Mrs. Murphy stated that the first vote on Lucy Park was not legitimate. Councilman Walker asked Mrs. Murphy why the first vote on Lucy Park was not a legitimate vote? Mrs. Murphy stated that they did not consider the first vote legitimate because they were not aware that Lucy Park was being considered. Councilman Walker stated that the first vote did not please her, but it pleased other people. He further stated that it was published in the paper that this site was being considered. He wants to keep the issue straight that it was publicized, and recon- sidered by the Council . He wants to make sure that she understands that if a Council changes its mind once, that it can do it again. It may please her, and it may not. Councilman Walker asked Mrs. Murphy if she had a recommendation on a place for the softball complex? Mrs. Murphy stated that she didn' t, but they are willing to work. She 302 Item lld (Cont) stated that they have individually and collectively contacted the park board members. She stated that the prosent Council should not be undoing what a previous Council has done. Councilman Walker pointed out that one Council cannot bind another Council . Everything should stand on its own merits. City Manager James Berzina stated that they will prepare certain alternatives for Jaycee Park for the amount of dollars we are talking about. Councilman Walker stated that former Councilman Welburn' s motion was predicated on receipt of money from the state. At one time, we were at a stalemate. Mr. Welburn made the motion, predicated on receipt of the money. The City Manager stated that if this body tells him they want to reconsider it, then they will , but he is going ahead with the alternatives on Jaycee Park. They have to bring the Council a completed version on what was instructed of them to prepare. Item 8c Discussion was held on a request to waive penalty and interest on delinquent taxes for Albin Management, Inc. City Attorney H. P. Hodge stated that if the error is due to the fault of the City, you can waive it. The tax code provides for this. Fred Werner stated that the taxpayer made the first half payment. This situation is very close to the previous one with Hamilton Bryan. He does not feel that the City is forced to keep the records for the customer. Arthur DeWitt, Tax Collector, stated that bills were requested to be sent to the attorney. Since that time, they have received corres- pondence from a different address, but at no time did the taxpayer direct them to change the address. There are quite a few cases where the home office is different from where the statements go. A motion was made by Councilman Allred, and seconded by Councilman Buffum, to consider a resolution waiving penalty and interest on Tax Account Number 2050-001-000. The motion failed by the following vote. Ayes: None Nays: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum and Walker Robert K. Murphy, 101 Lakewood Drive, requested that something be done about the speaker system. The City Manager noted that budget hearings will be held on August 11 and 12, 1986, beginning at 1:00 P.M. Councilman Thomas stated that he had to take a test in Dallas on August 11, relative to his business. Items lle, f The City Council recessed into executive session at 7:25 P.M. according to Article 6252-17, Section 2, Paragraph (g) , of the Revised Civil Statutes. The meeting reconvened at 8:50 P.M. Moved by Councilman Thomas that the following be appointed to the Mayor's Commission on the Status of Women, for terms to expire September 30, 1988. Patricia Bradley - reappointed Suzanne Schlabs - reappointed 303 Items lle, f i Arvilla Pollard - reappointed K&they Saenz - reappointed Jan Stevens - reappointed Kay Holland - reappointed Georgiana Smith - appointed to replace Paula Elmore i Motion seconded by Councilman Walker, and carried unanimously. Moved by Councilman Thomas that John Eckert be appointed to the Traffic Safety Council (replacing David N. Karr) for a term to expire March 4, 1989. Motion seconded by Councilman Goff, and carried unanimously. Moved by Councilman Goff that the following be appointed to the Youth Activities Advisory Council for the 1986-87 school year. Tracy Reich (Hirschi ) - reappointed Christina Torres (Hirschi ) - reappointed Barry Davis (Hirschi ) - appointed Leonor Osoria (Notre Dame) - reappointed Maria Flarina (Notre Dame) - appointed Kerry Goldstein (Rider) - reappointed Jay Cunningham (Rider) - appointed Jason Jaynes (Rider) - appointed Avantika Cadambi (Rider) - appointed Murphy Davis (Wichita Falls) - appointed Renae Gonzales (Wichita Falls) - appointed Melissa Mathews (Wichita Falls) - appointed Motion seconded by Councilman Buffum, and carried unanimously. Moved by Councilman Thomas that John Glover be appointed to the Building Board of Adjustments and Appeals (replacing Dick Bundy) , for a term to expire June 7, 1987. Motion seconded by Councilman Allred, and carried unanimously. Moved by Councilman Thomas that Candace Hensley, Dr. James C. Connor, and Barbara Glickman be reappointed to the Mental Health Mental Retardation Public Responsibility Committee, for terms to expire August 31, 1988. Motion seconded by Councilman Buffum, and carried unanimously. Moved by Councilman Thomas that Gary Cardwell and John Stahler be reappointed to the Clean Community Commission for terms to expire December 31, 1987. Motion seconded by Councilman Walker, and carried unanimously. Moved by Councilman Buffum that the following be appointed to the task force for aging. Mrs. Ernestine Washington Mrs. Aubrey Wilson Gloria Mezzo Denver Cassell M. Joy Parsons (Chairman) Arvilla Pollard Clyde Brock Giola Ozuna Febe Garcia James K. King Melvin Bradley Sue Nunn Johnnie Harris-Schmitt Florine Broadwater Mary Ward Motion seconded by Councilman Thomas, and carried unanimously. 304 The City Council again recessed into executive session at 8:57 P.M. , and reconvened and immediately adjourned at 11:03 P.M. PASSED AND APPROVED this ` i day of Veit 1D86. i ar es Harper, yor ATTEST: Wilma J. Thoma , CMC, City Clerk