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Min 06/28/2001 368 Wichita Falls, Texas Memorial Auditorium Building June 28,2001 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in special session on the above date in the Council Room of the Memorial Auditorium Building at 8:35 o'clock a.m., with the following members present: Bill Altman - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons James Esther, Jr. - Johnny Burns - Harold Hawkins - James Berzina - City Manager Bill Sullivan - Acting City Attorney Lydia Torres - City Clerk Jerry Lueck - Absent Mayor Pro Tern called the meeting to order. Councilor Esther gave the invocation. Item 3a RESOLUTION NO. 77-2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING FORM FOR LEASE OF HOME SITES AT LAKE ARROWHEAD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 77-2001 be passed. Motion seconded by Councilor Williams. Mr. David Clark informed that this is a longer-term solution to the leases at Lake Arrowhead regarding the salability of property. The City owns the land around the lake and we have lease agreements for folks that have homes on that land. In the process of transferring property, financial institutions are concerned about the length of time of the leases. As the end of the 25-year leases draws nearer it becomes more and more difficult to achieve financing for the sale of these homes. Subsequently, the proposed lease offers an alternative for folks that want to transfer properties. The new lessees will have a choice to either remain with the existing lease and have a shorter time frame or go to a new generation lease at a higher cost but with a longer term. The latter would allow the lessee additional time to obtain financing for their property. This allows them to have an extended time period because what is happening here is that the original date is not a date of closure but that we are anticipating that the leasing of property at the lakes will continue. This would become individualized in time. There are three different leases that have to do with the amount of time that someone would want to get into, depending on the amount of investment that they plan to make on the lease property. It also addresses some of the concerns that have come up in past years, such as dogs, septic inspections, as well as provides for Council review after a five-year period for possible adjustments, if needed at that time. 369 Item 3a continued Councilor Hawkins commented that one of the problems is that we have some very nice homes built out there and HUD has changed their rules requiring 10 years past the payoff of the note in order to get a HUD loan. That is why the length of the lease is longer. The Council sub- committee recommended three leases, a 25 year lease for sale price under $40,000, a 30 year lease for sale price from $40,000 to $70,000, and a 40 year lease for sale price of $70,000 and over. Councilor Ammons mentioned that the reason for the recommendation was because the note at the bank on a 40-year lease can be a maximum of a 30-year mortgage, and that is how it was figured. In addition, the Council sub-committee approved that manufactured housing could be allowed with a minimum of 1000 sq. ft. and the skirting has to be a minimum of a 24 gauge corrugated or ribbed metal. We wanted to protect the part under the house as well as protect the neighborhood. Councilor Altman noticed that the lease rental rate was $480/year and in comparison with other rates he felt that was exceptionally low. Mrs. Pat Hoffman provided a history on lake lot lease rental rates. Mr. Clark noted that this would not affect already existing leases, only new ones. Discussion of the $480 lease rental fee ensued. Moved by Councilor Altman to amend the proposed resolution by increasing the lease rental fee from $480 to $600. Motion failed for a lack of a second. Moved by Councilor Altman to amend the proposed lease by adding the words 'or "City",' after the word "Lessor", in the first paragraph. The paragraph would read: This Lease Agreement, made and entered into on the _ day of _, _, by and between the City of Wichita Falls, a municipal corporation, acting through its City Manager, hereinafter called "Lessor" or "City, and hereinafter called "Lessee". Motion seconded by Councilor Burns and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Councilor Hawkins referred to the last paragraph in Section 8 and suggested amending the proposed lease by designating the minimum as 24 gauge instead of "24 or 26 gauge". He also mentioned that a specific vinyl skirting needed to be approved. Councilor Ammons said she was opposed to vinyl because of the attachment procedure which would include wood and might attract termites. Councilor Hawkins informed that treated wood is what would be used and noted that there are more manufactured homes with vinyl than with metal. He stated that the vinyl issue is being researched to see if there is a HUD approved vinyl. Moved by Councilor Altman to amend the last sentence of Section 8 by striking "masonry or metal skirt" and inserting the following phrase: "minimum of 24 gauge corrugated or ribbed metal and/or masonry skirting" after the words "The home must include a". The sentence would read as follows: "The home must include a minimum of 24 gauge corrugated or ribbed metal and/or masonry skirting". Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Mr. Clark informed that the new generation lease would enforce the restrictions. Councilor Hawkins suggested updating the Lake Lot Rule Book to include these restrictions, with the approval of the tenants. Acting City Attorney thought that the enforcement power was in the original leases. The fact that the lessee will comply with the official published rules gives an option to go back and amend the rules to include these restrictions. 370 Item 3a continued Councilor Altman referred to Section 11-Assignment and commented that in most commercial leases there is a provision that the lessor has the right to get permission on assignments and they usually have a provision that states that permission will not be unreasonably withheld. That provision is not here. He suggested amending this section by adding the following after the first sentence: "Any assignment shall be subject to approval of the lessor. Such approval may not be unreasonably withheld." Acting City Attorney agreed to the extent that if the lessee proposes to assign to somebody that we've historically had problems with we might want to exercise the right to deny the transfer. Councilor Altman concurred that there could be reasons, such as objection of neighbors, criminal history, why the City could reasonably object to the assignment. Moved by Councilor Altman to amend the proposed lease by adding the following sentences after the first sentence in Section 11: "Any assignment shall be subject to approval of Lessor. Such approval may not be unreasonably withheld." Motion seconded by Councilor Burns and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None City Manager brought up the annual rental rate and expressed concern that it was too cheap. He did not understand why the original leases were leased at $45, $50, $60/year for fifty years. Projecting where we will be in twenty years, even $1300 is too cheap. Heasked Council to reconsider and reopen the discussion of where that lease should start. We are doing the same thing as those people who came before if it is not increased. Council concurred that the annual rental fee needed to be increased. Moved by Councilor Altman to amend the proposed lease by increasing the annual rental rate from $480 to $600. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 3b RESOLUTION NO. 78-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONFIRMING THE APPOINTMENT OF A FIRE CHIEF FOR THE CITY OF WICHITA FALLS, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 78-2001 be passed. Motion seconded by Councilor Burns. City Manager informed that he had appointed Mr. Harold Lindsey as Chief of the Fire Department. He expressed appreciation to all the applicants and stated that he was very pleased 371 Item 3b continued with the Department's interest and response. He believes that Mr. Lindsey has the qualities and abilities to run the Department, and he has the far-sightedness of where the Fire Department needs to be in the future. Mr. Lindsey expressed appreciation to Mr. Berzina for the appointment and pledged hard work, sincerity, and dedication to the job. Council expressed their support in Mr. Lindsey's appointment as Fire Chief. Motion carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 4a Moved by Councilor Altman to appoint Councilor Williams, Burns and himself to the City Council subcommittee to review applications for the position of City Attorney and make such recommendations to the Council, as they deem appropriate. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None City Council adjourned at 9:20 a.m. PASSED AND APPROVED this L, J_day of 2001. BILL ALTMAN MAYOR PRO TEM ATTEST: Lydia Torres City Clerk i NOTICE OF SPECIAL MEETING Special Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Thursday, June 28, 2001 , Beginning At 8:30 a.m. City Council: Mayor Gerald Lueck - Councilors Arthur Bea Williams, Linda Ammons, James Esther, William Altman, Johnny Burns, and Harold Hawkins 1 . Call to Order. 2. Invocation: REGULAR AGENDA 3. Resolutions: a. Resolution Approving A Standard Lease Rental Agreement For City-owned Lots At Lake Arrowhead. (City Council Bill #156) b. Resolution Confirming Appointment Of Fire Chief For The City Of Wichita Falls. (City Council Bill #157) 4. Other Council Matters: a. Appointment Of City Council Subcommittee To Review Applications For Position Of City Attorney. 5. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 20 at o'clock (a.m.)(p.m.). City Clerk