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Min 12/02/1997 58 Wichita Falls, Texas Memorial Auditorium Building December 2, 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 Dr. (Reverend) Finis Beauchamp, Lamar Baptist Church. Item 3 Joe Glashan, Golf Course, was honored as Employee of the Month for the month of December. Mayor presented him with a plaque, City pin, transit tickets, dinner tickets, and a check. Item 4 Elvin Dudley, 2518 Shepherd's Glen, stated that he was back to make the same request he made two years ago for Council to waive the mowing liens on the 17 lots located on Richmond Drive. He would like to build houses on those lots and needs some kind of relief from the City. Mayor suggested that Mr. Dudley get with the City Manager after this meeting on this matter. She stated that the Council is in agreement to move this forward and make this happen. Item 5 The Minutes were approved as distributed. Items 6a-8q Councilor Martin requested that Item 6e be brought down and Mr. David Kolp asked that Item 7a be brought down to the regular agenda. Moved by Councilor Thompson that the consent agenda be approved with the exception of Items 6e and 7a. Motion seconded by Councilor Johnston and carried by the following vote. 59 Items 6a-8g cont"d. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 6a RESOLUTION NO. 176-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR THE REDEMPTION OF THE PROPERTY AT 605 FORT WORTH STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION NO. 177-97 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH BIGGS & MATHEWS, INC. FOR EPA INFORMATION COLLECTION RULE TREATMENT STUDY Item 6c RESOLUTION NO. 178-97 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH BIGGS & MATHEWS, INC. FOR PHASE 3 OF THE SANITARY SEWER COLLECTION REHABILITATION PROJECT Item 6d RESOLUTION NO. 179-97 RESOLUTION APPROVING CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF KEMP BLVD. BETWEEN NINTH STREET AND SEYMOUR HWY. Item 6f RESOLUTION NO. 181-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7b Bid was awarded to R.L. Anderson International Inc. in the amount of $108,338.14 for 2, 50,000 GVW cab and chassis. Item 7c Bid was awarded to Berend Bros., Inc. in the amount of $44,000 for the purchase of four 72 inch mowers. Item 7d Bid was awarded to Berend Bros., Inc. in the amount of $18,098 for the purchase of two 52 inch mowers. 60 Items 8a-8g Minutes of the meeting of the following boards and commissions were received. a. 4B Sales Tax Corporation, September 4, 1997 b. Planning and Zoning Commission, September 10, 1997 c. Landmark Commission, September 24, 1997 d. Planning and Zoning Commission, October 8, 1997 e. 4B Sales Tax Corporation, November 3, 1997 f. Wichita Falls Park Board, November 20, 1997 g. Wichita Falls/Wichita County Public Health Board, October 24, 1997 Item 6e RESOLUTION NO. 180-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF WICHITA FALLS, CUSTOM METAL SERVICES, INC., AND BANC ONE LEASING CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 180-97 be passed. Motion seconded by Councilor Johnston. Councilor Martin asked for clarification on the number of additional employees tied into this tax abatement, and he felt this should be cleared up in order to make sure they are in compliance with the original agreement. City Attorney informed that he and Councilor Shine had met with the Board of Commerce and Industry and they assured them that they have complied with the representations they had made to the Council, as well as the capital improvements. Councilor Johnston was concerned that Banc One has now been included in this abatement and he wanted to know what was going to happen between Banc One and Custom Metals if something happened to that relationship. City Attorney suggested amending the agreement by adding the following sentence to Section 2: "Such benefits shall remain only as long as the leased equipment remains in the possession and use of Custom Metals' service during the term of this agreement. Moved by Councilor Johnston that the agreement be amended by adding the following sentence to Section 2: Such benefits shall remain only as long as the leased equipment remains in the possession and use of Custom Metals' service during the term of this agreement. Motion seconded by Councilor Shine and carried by the following motion. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Vote on the original motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 61 Item 7a Moved by Councilor Hawkins that bid be awarded to Hodges Truck Center in the amount of$41,379.00 for one 35,000 GVW cab and chassis. Motion seconded by Councilor Johnston. David Kolp, representative for R.L. International, stated that specifications called for a specific engine. He added that there was no approved equal, and Hodges Truck Center's bid did not meet the specifications and should not be approved. Mr. Robert Parker provided the information on what was specified. Mr. Kolp contended that the engine was a parent board engine and not a sleeved engine which is what the City has purchased in the past. Also, it has a longer life and less maintenance is required. We met the intent of the specifications. Mr. Parker informed that there was nothing in the bid specifications as to a sleeved board or a parent board. Hodges Truck Center did meet specifications. Councilor Johnston asked if both examples provided in the specifications had a sleeved board. Mr. Parker responded in the affirmative. Councilor Johnston commented that it was misleading since both examples had sleeved boards. Mayor commented that if the bid is rejected it has to be re-bid. Motion failed by the following vote. Ayes: None Nays: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 9a ORDINANCE NO. 121-97 AN ORDINANCE WAIVING SEC. 22-1(a)(9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS IN HAMILTON PARK DURING AN EVENT BY KLUR BROADCASTING CO. DECEMBER 20, 21, AND 22, 1997 Moved by Councilor Shine that Ordinance No. 121-97 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 Item 9b ORDINANCE NO. 122-97 ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER AVAILABLE FUNDS IN VARIOUS ACCOUNTS ACROSS DEPARTMENTS FOR THE FINANCIAL CLOSING PROCESS OF FISCAL YEAR 1996-97 Moved by Councilor Thompson that Ordinance No. 122-97 be passed. Motion seconded by Councilor Hawkins. Councilor Daniel suggested that, for the benefit of the citizens, Staff give an explanation of items up for general discussion. Mr. Dockery gave Council a spread sheet and presented information on this item. Motion carried by the following vote. 62 Item 9b cont'd. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9c ORDINANCE NO. 123-97 ORDINANCE TO AMEND SECTION 32-41 OF THE CODE OF ORDINANCES REGARDING THE USE OF AND PAYMENT FOR WATER IN FIRE SYSTEMS Moved by Councilor Martin that Ordinance No. 123-97 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 9d ORDINANCE NO. 124-97 ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO APPROPRIATE OPERATING ACCOUNTS FOR EXPENDITURES TO INSTALL NEW WATER MAINS AND FIRE HYDRANTS IN NEWLY ANNEXED AREAS Moved by Councilor Johnston that Ordinance No. 124-97 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 Item 9e A proposed ordinance was presented renaming Loop 11, and a portion of Valley View Road and Beverly Drive to Louis Esquibel Drive and waiving the required street name change fee. Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Thompson. Several Councilors spoke in support of this proposed ordinance. There was a question on the cost to the businesses located on Loop 11 if Council approved this proposed ordinance. Mr. Steve Seese informed that, according to the Post Office, these businesses would be required to reprint their stationery to reflect Louis Esquibel Drive if this is approved. Mayor asked if the Loop 11 would still be retained if Louis Esquibel was added. Mr. Seese replied that it would; it is still a State owned street. Councilor Shine was concerned that more of the Hispanic community did not contact Council and make their support known. 63 Item 9e cont'd. Hilda Haase, owner of Casa Dental on Loop 11, was concerned that the change would have a negative impact on the businesses located on Loop 11. It would be more than changing the stationery. In my case it would involve insurance companies, patients and suppliers. It would cause a lot of confusion. Mrs. Haase suggested naming a park, a school or a street in the newly annexed area in honor of Mr. Esquibel. Sammy Holgin, 3216 York, spoke in favor of naming Loop 11 after Mr. Esquibel. He suggested adding the name to Loop 11. Loop 11 already has two alternate names - Beverly Drive and Valley View Road. Michael Harbour, representing Loop 11 Church of Christ, asked that Loop 11 not be changed. He stated that Loop 11 was a part of the incorporated legal name of their church. He was not against honoring Mr. Esquibel and suggested naming a park, a city building, or another street after Mr. Esquibel. Sam Esquibel, son of Louis Esquibel, suggested naming it Loop 11-L.B.E. or possibly naming the service road by the Sheraton after his father. He asked that if this does not pass today that Council reconsider this sometime in the future. Kelly Mestas, 2202 Harrison, commented that the Post Office can accept alternate names as both are still allowable. He did not see why it could not be done. He said it was possible for these businesses to keep their addresses as they are. It would not cause them problems. Elston O'Hare, 4113 Aspen, suggested naming the overhead expressway like we did with the Henry Grace Freeway. Val Cervantes, Northshore, spoke in support of the change, but suggested not voting on this today because there was conflicting information. Deacon Anastacio Perez, representing the Priest at Guadalupe Church, spoke in support of the change. Ed Herring with the Loop 11 Church of Christ suggested changing the proposed ordinance by keeping it as Loop 11 and adding Louis Esquibel to it. He said the word "renaming" was misleading. We are not fighting this name we are trying to keep the identity of the church. Gil Peters, Christ Fellowship 520 Loop 11, suggested naming the overhead freeway after Mr. Esquibel which would be more exposure, or naming a park or a new project after him rather than changing an existing name. Councilor Daniel stated that we need to find a way to honor Mr. Esquibel without dishonor or a negative reaction from those involved. I think we could accomplish that. Councilor Hawkins said that he never considered it as a name change. He had suggested naming the un-named portion of Loop 11 after Louis Esquibel. He suggested that this be tabled until the second meeting in January to give the Hispanics and those in the community an opportunity to work this out. Moved by Councilor Hawkins that this be tabled until the second Council meeting in January. Motion seconded by Councilor Martin. Councilor Martin suggested naming the new trail walk after Mr. Esquibel. Motion to table carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None 64 Item 9e cont'd. Mayor directed that a committee be formed to discuss some of these ideas. Mayor, Councilor Thompson, and Councilor Hawkins will serve on this committee along with members of the Hispanic community. Item 9f A proposed ordinance was presented rezoning Lots 8-B and 9, Block 10, John Thomas Addition (3704 Kell Blvd. and 3103 Pennsylvania Road), Wichita Falls, Texas, from Limited Commercial to GC{C} Conditioned Zoning. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Johnston. Mr. Steve Seese explained that the applicant is requesting rezoning to General Commercial Conditioned (GC{C}) to put in a used car lot. At their November meeting, Planning & Zoning made a recommendation for disapproval of this rezoning because of the impact this would have on the neighborhood. Mr. Seese added that there had been some problems with General Commercial zoning on Lawrence Road, as well as concerns from the neighbors; one specific concern is traffic. Councilor Hawkins commented that, if this was approved, there would be only one lot that would not be commercial. Jack Cooper, 3012 Pennsylvania, said he did not want a used car lot in his front door. Roland Marchand, 2004 Santa Fe, stated that General Commercial Conditioned zoning was O.K.; however, he would like to have a car lot. He explained that the most cars he could or would have would be five and they would be nice cars. Everything in that area is going commercial. He added that if Council would not allow him a car lot that they approve rezoning for GC{C}. Councilor Shine asked why the applicant had been denied for General Commercial zoning. Mr. Seese replied that the north side of Kell deals with an entirely different land pattern, such as more streets intersect Kell. For that side of Kell to develop like the west and south side of Kell would take a major change in land use. We are trying to determine what is best for the residents in that neighborhood and we are going to see that anything that goes in there is neighborhood compatible. Councilor Hawkins commented that this was a step to making this a General Commercial area. Councilor Daniel stated that the residents are wanting to keep the integrity of their neighborhood. Mr. Seese informed that nine notices were sent out and there were five responses; one for the rezoning and four against. Motion failed by the following vote. Ayes: Councilor Hawkins Nays: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin City Council recessed at 10:15 a.m. and reconvened at 10:35 a.m. Item 9g ORDINANCE NO. 125-97 AN ORDINANCE WAIVING SEC. 22-1(a)(9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS IN HAMILTON PARK DURING AN EVENT BY UNITED REGIONAL HEALTH CARE SYSTEM APRIL 4, 1998 65 Item 9g cont'd. Moved by Councilor Johnston that Ordinance No. 125-97 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 Item 10a RESOLUTION NO. 182-97 RESOLUTION TO ESTABLISH A VALUE FOR CURB AND GUTTER ON BOUNDARY STREETS REQUIRED BY PLATTING, AT $15.00 PER LINEAR FOOT Moved by Councilor Martin that Resolution No. 181-97 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 10b RESOLUTION NO. 183-97 RESOLUTION TO REQUEST FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD, AUTHORIZE THE SUBMISSION OF AN APPLICATION FOR SUCH FINANCIAL ASSISTANCE, AND DESIGNATE THE CITY MANAGER AND DIRECTOR OF PUBLIC WORKS AS THE AUTHORIZED REPRESENTATIVES OF THE CITY OF WICHITA FALLS FOR EXECUTING THE APPLICATION AND FOR APPEARING BEFORE THE TEXAS WATER DEVELOPMENT BOARD REGARDING THE APPLICATION Moved by Councilor Thompson that Resolution No. 182-97 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 11a Councilor Thompson expressed appreciation for the down town tour two weeks ago. He mentioned his excitement in seeing so much activity in the down town area, especially during this season. Councilor Thompson commended the Chief of Police and his Department for the drop in our local crime rate. Councilor Shine mentioned that there were a lot of seasonal activities occurring in our City, and mentioned the Boy Scouts Santa Express. He asked Mr. Jack Murphy to inform about the check that Parks & Recreation received for the trails. Mr. Murphy informed that the Runners Club had presented the City a check in the amount of $1500. These funds were proceeds from their Trails Fest. The purpose of the Runners Club is to promote trails City- wide. 66 Item 11 a cont'd. Councilor Martin asked if this was the month to let the contract on the second Phase of our trail. Mr. Bonnett informed that they have been in contact with the Texas Department of Transportation and there has been a problem with the ASHTO guidelines. They plan to resolve this issue at a meeting to be held in Austin on December 17. Councilor Martin cautioned citizens to follow all safety precautions especially during the holiday season. Councilor Hawkins suggested that signs be put up at Lucy Park regarding the Ordinance prohibiting the flailing of pecan trees. Councilor Hawkins asked that the 20 year retirement plan be looked at again. Councilor Martin informed that when they receive the new figures from the State on the 20 year retirement, it will be reconsidered. Councilor Hawkins wished everyone a Merry Christmas. Councilor Daniel said that he had received a petition from a group of people who are frequent users of Parks and Recreation facilities and programs, and they are requesting a facility of their own. He suggested focusing on the Library and after the move into the Library that Council consider this request along with other Parks and Recreation projects and needs. He felt this should be considered in the June Council goal setting worksession. Councilor Shine suggested that maybe Parks & Recreation should look into this request. Mayor informed that we are slowly moving forward in a positive manner on the Red River Chloride Project, the desalination of the Big Wichita River. Mayor reflected on a newspaper article regarding the property tax rates and mentioned that the County and School District's rate went up this year and the City's decreased. Since 1990 the County's tax rate has gone up 32.9%, the School District's has gone up 45.4%, but the City's has gone down 20.8%. The half cent sales tax which the citizens voted in, specifically the 4A was coupled with a decrease in the City's tax rate, has manifested itself in the 24.2% decrease in the City's tax rate this year. Item 11 b City Manager informed that the 4B Sales Tax Board has scheduled a public hearing on projects to which they will move forward. The meeting will be held December 16 at 9:00 in the Council Conference Room. Also, we have two non-annexation agreements which expire at the end of this year and we hope to have something on both at the December 16 Council meeting. Mayor and Community Development Staff showed the presentation which they gave to the Highway Commission in Austin on the continued development and construction of Kell Freeway, and the four-lane project from here to Abilene which includes 1-44, US-287, US-82, and US-277. Item 11 c The City Council went into Executive Session at 11:25 a.m. as authorized by Section 551.072 of the Government Code, and reconvened at 12:25 p.m. The City Council adjourned at 12:27 p.m. PASSED AND APPROVED this day of T)JfbMt)'JVJ,1997. KATH YN A. YE GER MAYOR 67 ATTEST: n Lydia Torres City Clerk