Loading...
Min 11/18/1997 49 Wichita Falls, Texas Memorial Auditorium Building November 18, 1997 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: Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - JW Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Reverend Daniel Burt, Agape Church. Item 3 Jody Elgin, Finance/Information Systems Division, was honored as Employee of the Month for the month of November. Mayor presented her with a plaque, City pin, transit tickets, dinner tickets, and a check. Mayor Yeager proclaimed November 29, 1997 as "NAACP Freedom Fund Day in Wichita Falls". The NAACP will hold its 22nd Annual Freedom Fund Banquet on November 29, 1997. Mayor Yeager announced that in honor of Optimist Club Youth Appreciation Week, Kate Gavin, Wichita Falls High School Senior, was being honored as Outstanding Youth in the Community, and Mayor presented Ms. Gavin with a Certificate of Achievement. Item 4 Lindsey Walker, 1411 Trout, expressed appreciation to those who have contributed to the Eastside Branch YMCA and who have made this possible. He informed that they are getting close to the completion of Phase I. Mr. Walker invited everyone to attend their open house which will be held in December. He commented that what is happening at the Eastside YMCA is one of the crowning moments in his life. Cheryl Bourgoin, 6341 Kovarik Road, questioned City Attorney on the annexation petitions filed with the City Clerk. Mayor reminded Mrs. Bourgoin that in following Council procedure, this was the time to receive public comments. Mayor added that she had a prepared statement which she would present at the end of the public comments that would probably answer questions and concerns being presented this morning. Mrs. Bourgoin commented that the point she was trying to make was that according to the Attorney General's office, Monty Ackers, TML Director of Legal Services, and Katherine Harris, State Library, there is no common law rule at the State level that says that petitions cannot be used in 50 Item 4 cont'd. annexation cases. There is only a body of cases which are considered on a case-by-case law, but there is no State statute. She pointed out that some of the cases stated by City Attorney are not necessarily relevant to their particular case. She referred to Section 47 of the City Charter and stated that the petition was filed within the required 30-day period and that should have stopped the Ordinance from going into affect. She asked Council to allow the people to vote on the annexation. Mayor invoked the five minute rule. Lou Ann Kellogg, Parkhill Road, spoke on the annexation and made comments about the Council ignoring the voice of the people in the annexed area and those who signed the petitions. She asked that the people be allowed to vote. Mary Elizabeth Pearce, 3549 Parkhill Road, asked that Council pray before they make their decision. Mayor Yeager responded to some of the comments made during the last few weeks concerning the two annexations. Mayor commented that the Council has the utmost concern for all of the citizens of Wichita Falls and we need to plan as carefully and wisely as possible for the future of the City and try to safeguard the investment that each individual has in his home and in his city. That is why we have studied very seriously and intensely these annexations and we have struggled to come to what each of us hopes is the right and proper decision for the future of the City. The last one and a half years have been spent planning and laying the groundwork for a strong financial and vital community where each individual can realize his own dreams and enjoy an improved and enhanced quality of life. It was not an easy road that we chose to travel but is essential to the future of our community. We have tried to respect the concerns of citizens both within and without the City and will continue to address everyone's concerns in the newly annexed areas on an individual basis. However, we must first respond to the concerns expressed by some "old' citizens - that we will have weakened police and fire protection; that we will pay for the expansion of services. She emphasized that this was simply not true. She explained that this will be recovered from user fees and taxes from the newly annexed areas. The Council will not knowingly do anything that would jeopardize the citizens of Wichita Falls. The Planning and Zoning Commission has looked at ways to perhaps create a new zoning category for a more rural environment. A result was that the question of livestock is more of a health ordinance issue than a zoning issue. In looking at zoning, the Planning Department will include the zoning hearing notification to each property owner and a questionnaire to enable anyone with livestock concerns to respond to the Health Department. We will then be able to address your problems on an individual basis. It will also give us a more concrete and realistic basis to look at potential waivers or changes in the Ordinance. Mayor emphasized that the action sought by both petitions is illegal under State statute. City Attorney has stated his legal opinion in public both before and throughout the annexation process. The petitions have been filed and will be considered as any other petition; however, they have no legal implication since by state law annexation cannot be overturned by petition. The law essentially says that annexation and de-annexation are the sole authority of the City Council and is not subject to petition and referendum. The Ordinances have been passed, and as of November 6, 1997 they have been in effect. The trash containers have been placed at each home; additional fire hydrants have been installed in both areas; both the police and fire departments began providing services at the time the Ordinances went into effect. We are well on the way to very quickly providing all of the services that are required in the service plan. A year and a half has been spent considering these annexations and each of us has agonized over it, and the decision has been made. The consent of the Council must prevail. We must continue the forward looking and planning that we have started and move ahead to other things of equal importance to our community. , Item 5 The Minutes were approved as distributed. 51 Items 6a-8b Moved by Councilor Johnston that the consent agenda be approved. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 6a RESOLUTION NO.169-97 RESOLUTION TO AWARD BID AND CONTRACT FOR THE PAINTING OF PUCKETT TOWER AND CYPRESS '87 CLARIFIERS PROJECT Item 6b Bid was awarded to Kirkpatrick and O'Donnell in the amount of $148,413 for a long front hydraulic excavator. Item 6c Bid was awarded to Kawasaki City in the amount of$25,176 for 3 police motorcycles. Item 7a RESOLUTION NO. 170-97 RESOLUTION TO ACCEPT THE 1997 STREET RESURFACING PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT COMPANY Item 7b RESOLUTION NO.171-97 RESOLUTION TO ACCEPT THE WILLIAMS PARK TRAIL EXTENSION (CDBG) PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT COMPANY Items 8a-8b Minutes of the meeting of the following boards and commissions were received. a. Board of Electrical Examiners, September 11, 1997 b. Wichita Falls Traffic Safety Commission, October 1, 1997 Item 9a This item was deleted prior to Council meeting. Item 10a ORDINANCE NO. 114-97 AN ORDINANCE APPROPRIATING MONEY RECEIVED FROM THE U.S. JUSTICE DEPARTMENT TO FUND THE WEED AND SEED PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 114-97 be passed. 52 Item 10a cont'd. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10b ORDINANCE NO. 115-97 AN ORDINANCE APPROPRIATING $10,000 IN THE POLICE DEPARTMENT FROM GENERAL FUND EQUITY FOR PURPOSES OF A FACILITIES PLANNING WORKSHOP FOR THE PROPOSED PUBLIC SAFETY TRAINING CENTER, POLICE FIRING RANGE AND FIRE TRAINING FIELD Moved by Councilor Thompson that Ordinance No. 115-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10c ORDINANCE NO. 116-97 ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES WHICH REGULATES VEHICLES FOR HIRE Moved by Councilor Shine that Ordinance No. 116-97 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10d ORDINANCE NO. 117-97 ORDINANCE AUTHORIZING THE TRANSFER OF THIRD PARTY REVENUE IN THE AMOUNT OF $68,575 FROM THE SPECIAL REVENUE FUND INTO THE GENERAL FUND Moved by Councilor Martin that Ordinance No. 117-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 53 Item 10e ORDINANCE NO. 118-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9(B)(2)(a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF JERRY LANE AND THE NORTH SIDE OF OLD IOWA PARK ROAD ADJACENT TO THE WEST AND SOUTH LINES OF LOT 2A, BLOCK 1, FALLS PARK ADDITION, SECTION 1 Moved by Councilor Martin that Ordinance No. 118-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays: Councilor Hawkins Item 10f A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing a sidewalk on the east side of Jerry Lane and the north side of Old Iowa Park Road adjacent to the west and south lines of Lot 2A, Block 1, Falls Park Addition, Section 1. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Shine and failed by the following vote. Ayes: None Nays: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 10g ORDINANCE NO. 119-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9(B)(2)(a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF TURTLE CREEK ROAD ADJACENT TO THE WEST LINE OF LOT 44-B, CANYON TRAILS, SECTION 3 Moved by Councilor Martin that Ordinance No. 119-97 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Daniel, and Martin Nays: Councilors Shine and Hawkins Item 10h ORDINANCE NO. 120-97 AN ORDINANCE AMENDING APPENDIX A - SUBDIVISIONS, SECTION 9(B)(2)(a) REQUIRING BOUNDARY STREETS TO BE IMPROVED AS PART OF THE PLATTING PROCESS Moved by Councilor Hawkins that Ordinance No. 120-97 be passed. Motion seconded by Councilor Shine and carried by the following vote. 54 Item 10h cont'd. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 11 a , RESOLUTION NO. 172-97 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE NORTH TEXAS RADAR COUNCIL, INC. FOR PURPOSES OF OPERATING THE WSR-74C RADAR Moved by Councilor Martin that Resolution No. 172-97 be passed. Motion seconded by Councilor Johnston. Several Council members expressed concern regarding the deadline date of February 28, 1998 for the North Texas Radar Commission to vacate the office space. Moved by Councilor Johnston to amend the motion by changing the date from February 28, 1998 to April 1, 1998, and delete the thirty day notice to vacate. Motion seconded by Councilor Daniel. Mr. Robert Powers informed that Mr. Briggs understood the thirty day condition and saw no objection on that. Councilor Shine felt we should have the thirty day protection. City Manager commented that if the April 1 date approaches and the North Texas Radar Commission is close to removing the control equipment, I would be willing to give them 2-3 additional weeks; however, if they are not close we will put the equipment in storage. Now Motion on the amendment carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays: Councilor Shine Motion carried on the original motion as amended by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 11 b RESOLUTION NO. 173-97 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MCCLAREN & WILSON, INC., PHOENIX, ARIZONA, FOR PURPOSES OF CONDUCTING A FACILITIES PLANNING WORKSHOP FOR A PROPOSED PUBLIC SAFETY ,. TRAINING CENTER, POLICE FIRING RANGE AND FIRE TRAINING FIELD Moved by Councilor Martin that Resolution No. 173-97 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 55 Item 11 c RESOLUTION NO. 174-97 RESOLUTION TO AMEND ENGINEERING CONTRACT WITH EMD, INC. Moved by Councilor Martin that Resolution No. 174-97 be passed. Motion seconded by Councilor Shine. Mr. George Bonnett explained that the proposal from EMD, Inc. had the review of shop and working drawings as a cost of service separate and distinct from the base engineering fees, but this was inadvertently omitted from the contract. Both the Staff and EMD, Inc.'s intention was that they get paid for the service, and Staff recommends approval of this resolution in order to resolve this issue. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 12a Councilor Shine reported on the Golf Course. Everything is satisfactory and they have a strong winter work schedule and things seem to be going right on line. We will have a full report in the spring. Councilor Hawkins asked that street striping on Kemp be looked into. Councilor Daniel asked that Staff look at painting curbs on medians so that when you make a turn you can see the median more readily. He informed that the Library Committee met at the new site and construction is coming along very well. The anticipated completion date is the latter part of February and we feel we are in good shape. The Library will have about a four to six weeks period when it will be out of operation while they are moving. He pointed out that of the $4.1 million construction cost only around 10% is attributable to the exterior, but when you take into account the cost of the building which the City already owned that percentage would drop below 5%. He mentioned that Abilene is going to vote on a bond election for a new library in the amount of$10 million to fund a 44,000 square foot library. We built a 60,000 plus square foot library for$4.1 million. Mayor Yeager asked Council and Staff to look at setting a date in January to schedule a joint meeting with the School Board and the City Council to discuss mutual concerns. Councilor Martin cautioned citizens that the speed limit had been reduced along the construction of 144 and US 287 between 8th Street and the SAFB turn off. He had a concern that work is currently being done on the north bound lane but the speed limit is reduced on both north and south bound lanes. Item 12b City Manager informed citizens that a "For Sale" sign on a vehicle which is being driven is permitted; however, there is a City Ordinance against having several cars with "For Sale" signs parked on lots. City Manager reported that the Highway Department is about to present us a proposal on the facilities plan for the Maplewood Extension, and it has been moved to the top of the State funding list. He added that the City may have to pay about 20% of that. Mr. George Bonnett informed that manual collection in Edgemere will be changed to automated collection on November 25, 1997. Cards will be passed out this weekend on that change in that area. 56 Item 12b cont'd. City Manager reported that two non-annexation agreements, PPG and Certainteed, will be expiring at the end of this year, and we will begin negotiations on those and will bring the Council something in the near future. Councilor Daniel commented that he had received so many comments and concerns on trash collection, and political reality makes it incumbent on Council and Staff to remember that this is a test and to recommit ourselves to addressing this issue in the same fashion that we have annexation or the Library which involves a major change in policy. He hoped it would include committee meetings with citizens who have concerns, Staff and Council. He added that if we anticipate a big change down the road regarding full implementation of the automated system or removal of dumpsters we need to deal with it very slowly. City Manager said that we have every intention of bringing that to the Council as we go step-by-step. We view these two areas as test experimental areas. There is nothing that cannot be changed; that is a policy this Council will make and probably in steps, and Council can stop the process at any step. There is a chance for a lot of input on this. We are set up to downsize on the container size for those households who need a smaller container. Councilor Daniel said that this needs to be publicized more. Mayor suggested having another presentation on trash collection. City Manager informed that the lighting of the annual Christmas lights at Jones Park would be December 1, 1997 beginning at 5:30 p.m. Mayor wished everyone a Happy Thanksgiving. Item 12c The City Council went into Executive Session at 10:30 a.m. as authorized by Section 551.074 of the Government Code, and reconvened at 11:10 a.m. Item 13 RESOLUTION NO. 175-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPOINTING TWO MEMBERS TO SERVE ON THE WICHITA APPRAISAL DISTRICT BOARD OF DIRECTORS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 175-97 be passed by appointing Randal Forcher and Jimmy E. Holland, Sr. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 14 Moved by Councilor Martin that the following persons be appointed to Commission on Human Needs: Vicki Tanner Term to expire 12/31/98 Bob McBee Term to expire 12/31/97 57 The City Council adjourned at 11:20 a.m. Council went on a tour of downtown. PASSED AND APPROVED this _day of ji, 1997. THRYN A. EAG MAY R ATTEST: Lydia Torres City Clerk