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Min 06/16/1998 213 Wichita Falls, Texas Memorial Auditorium Building June 16, 1998 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 Altman Johnny Burns - Bud Beaty James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Rev. Angus Thompson. New Jerusalem Baptist Church. Item 3a Claude Foster, 4932 Bayberry, President of NAACP, was accompanied by Katherine and Lawrence Phillips. Mr. Foster extended an invitation to the Council and the public to attend a "Juneteenth Celebration" at Hamilton Park, June 27 from 10 a.m.-6 p.m. He expressed appreciation to the City staff for their assistance in coordinating these efforts. Item 4 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. City Manager requested that Item 6a be removed from the Agenda by Council action, for further review. Items 5a-7b Councilor Thompson requested that Item 6a be brought down to the regular agenda. Moved by Councilor Johnston that the consent agenda be approved with the exception of Item 6a. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 214 Item 6b Bid was awarded for the annual supply of unleaded gasoline and #2 diesel fuel to Grozier and Mann Company. Item 6c Bid was awarded for the annual supply of lubrication products to Quaker State in the amount of$37,128.56. Item 6d Bid was awarded for the purchase of tractor loader with tool carrier and attachments to Construction Agricultural Supply Company in the amount of$55,389.00. Item 7a & 7b Minutes of the meeting of the following boards and commissions were received: a. Wichita Falls/Wichita County Public Health Board, April 24, 1998. b. Wichita Falls Traffic Safety Commission, May 1, 1998. Councilor Thompson corrected that he wished to discuss Item 5a and not 6a. Moved by Councilor Johnston that the Consent Agenda be reconsidered to move Item 5a down to the regular agenda. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None Item 5a RESOLUTION NO 85-98 RESOLUTION TO APPROVE AMENDMENT TO ENGINEERING SERVICES CONTRACT WITH CORLETT, PROBST AND BOYD, INC. FOR THE LAKE ARROWHEAD RAW WATER PUMP STATION MODIFICATION AND PIPELINE REPLACEMENT PROJECT Councilor Thompson was concerned that the resolution did not reflect what the total payment would be. City Manager replied that the total was the $154,356 reflected in the resolution. Mr. Bonnett added that this is modifying the original contract which reflects $154,356 as the minimum; there is also a maximum specified in the contract, but the actual cost is a percent of the contract, your actual out of pocket costs. This insures that any payment does not exceed the minimum, $154,356. Councilor Altman suggested that the word "of' be included between Total and monthly, in the last paragraph of the resolution to clarify the statement. Moved by Councilor Johnston that Resolution No. 85-98 be approved with the amendment as stated by Councilor Altman. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None 215 Item 6a Moved by Councilor Johnston that proposed resolution to award bid to Morrison Supply Company for the annual supply of meter boxes and additional lids be tabled until July 7, 1998 meeting. Motion seconded by Councilor Shine. Councilor Thompson asked if the low bidder would take all. Mrs. Peggy Gahagan informed that legally it could be bid in parts, but as part of our standard terms and conditions we do allow a vendor to bid all or nothing. In this case, it would be in the City's best interest to take the meter and lids from the same source. The answer to Councilor Thompson's question is yes. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Moved by Councilor Thompson to approve the consent agenda with the exception of Items 5a and 6a. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 8a A public hearing was held on the designation of certain area as an industrial reinvestment zone. Mayor Yeager declared the public hearing open and allowed for public comment. City Attorney informed that the public hearing was a legal requirement before Council can act on the reinvestment zone. Once the reinvestment zone is established then Council can act on a tax abatement agreement with ABB Control, Inc. Mayor called for public comment. There being none, Mayor declared the public hearing closed. Item 9a ORDINANCE NO 54-98. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DESIGNATING A CERTAIN AREA AS AN INDUSTRIAL REINVESTMENT ZONE IN THE CITY OF WICHITA FALLS, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF AGREEMENTS WITHIN THE ZONE, AND OTHER MATTERS RELATING THERETO; PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE FOR THE COMMENCEMENT OF THE REINVESTMENT ZONE AND THIS ORDINANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 54-98 be passed. Motion seconded by Councilor Thompson. 216 Item 9a continued City Attorney informed that this ordinance establishes the reinvestment zone. Councilor Johnston asked if a plat was provided to define the property location. City Attorney informed that a plat was not provided with the legal description. Mr. Ron Mertens informed that the property is just the land owned by ABB, which is north across from Kickapoo Airport on Hatton Road and borders the Henry S. Grace Freeway. It just includes the property that ABB owns at that point. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 9b ORDINANCE NO 55-98 AN ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE CRIMINAL JUSTICE DIVISION OFFICE OF THE GOVERNOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Thompson that Ordinance No. 55-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 10a RESOLUTION NO. 86-98 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A JOINT REPRESENTATION AGREEMENT TO EVALUATE, ASSIST, AND OTHERWISE RESPOND TO PROPOSALS BY THE TNRCC IN ITS IMPLEMENTATION OF ANY REGIONAL CONTROL STRATEGY Moved by Councilor Thompson that Resolution No. 86-98 be passed. Motion seconded by Councilor Johnston. Mayor informed that they have pursued what is now the Greater Texoma Air Quality Coalition which will be comprised of public entities, private industry and business within the Wichita and Wilbarger Counties. We seek Council's support in this endeavor. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 217 Item 10b RESOLUTION NO. 87-98 A RESOLUTION APPROVING THE DONATION OF TWO (2) VACANT LOTS TO THE WICHITA FALLS ART, ENTERTAINMENT AND CULTURE INC./ YOUTH OPPORTUNITY CENTER FOR THE YOUTHBUILD PROGRAM Moved by Councilor Johnston that Resolution No. 87-98 be passed. Motion seconded by Councilor Thompson. Mayor noted that Wichita needed to be corrected in the ordinance heading. Mr. David Clark informed that this grant provides for the training and facilitation of construction of new homes. In the training portion, instruction is provided which would allow construction trades for older youth and at the same time provide the completion of homes for the purpose of low to moderate income persons. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 10c RESOLUTION NO. 88-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING ENCROACHMENT AGREEMENT ALLOWING THE CONSTRUCTION OF A PAGODA ACROSS A UTILITY EASEMENT WITHIN THE BUILDING LIMIT LINE ON LOT 12-A, BLOCK 15, UNIT TWO, MIDWESTERN PARK ADDITION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 88-98 be passed. Motion seconded by Councilor Thompson. Mr. David Clark explained that this patio and subsequent structure was built over an easement without a building permit, and this would clarify the circumstance. It would establish an agreement between the City and property owner that holds the City harmless and if the City should need to utilize that utility easement, the property owner would have to remove the structure at his expense. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 10d RESOLUTION NO. 89-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND ABB CONTROL, INC.; FINDING AND DETERMINING THAT THE MEETING AT 218 Item 10d continued WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 89-98 be passed. Motion seconded by Councilor Thompson. City Attorney explained that this is an abatement on the City taxes on the improvement to be built the next couple of years. They are proposing to expand the $3.5 million in the next couple of years in building expansion, equipment, and new machinery. Mayor mentioned several errors in the Economic Impact Statement which were noted and will be corrected. John Bridgman, President of ABB Control, Inc. expressed appreciation to the Council for considering this request. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 a RESOLUTION NO. 90-98 RESOLUTION TO APPROVE CHANGE ORDER NO. 2 FOR THE PAINTING OF PUCKETT TOWER AND CYPRESS '87 CLARIFIER Moved by Councilor Johnston that Resolution No. 90-98 be passed. Motion seconded by Councilor Shine. Mr. George Bonnett explained the reason for the change order. They found that the inside of the Puckett Tower had a very high lead content which will be captured and it will be disposed of by the contractor. Also, in the interior of the tank, the dry riser was found to have lead which requires special removal and disposal techniques. The amount of this change order is $15,224. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 12a Councilor Thompson mentioned that the lights on Eastside Drive are out and some of the lights downtown, as well as East Lynwood. He asked who they should call to check on this after business hours. Mr. Robert Parker explained that the thunderstorms last week had put numerous circuits out and various street lights, and they are working on them. During business hours they can call 761-7640 and at night 761-7611. Councilor Beaty expressed appreciation to Mr. Bill Parker who saw to it that a tree was removed which was on Missile Road after a storm. He also expressed appreciation to Mr. David Clark and Mr. Jim King for coming to his district to provide information on areas of concern by citizens. He expressed a concern regarding debris after storms and asked Mr. Bonnett to explain the City's responsibility. Mr. Bonnett explained that after a storm when there is tree damage, the primary focus is to clear the streets and make them safe. If there are 219 Item 12a continued trees between the sidewalk and the curb, the crew moves the tree off the street to the parkway, so that the street is safe, the citizen is then responsible for disposal. Councilor Johnston asked for an update regarding a meeting held last week on the Maplewood reliever. Mr. Clark informed that the meeting was held by the consultants who are looking at the aspects of the feasibility of the roadway. They have notified property owners in a very large area to make sure they have covered all the bases. They conducted a meeting and gave the citizens a chance to express their concerns. The idea was more of an input from the citizens. There were development concerns expressed at the meeting and it will be the consultants' charge to take the information learned there and establish resolutions or options to determine what would be the most efficient and feasible routing and way to go for the development of that thoroughfare. Mr. Clark explained that it could be about six months before a report on this would be issued. Councilor Altman added that this was an excellent opportunity for citizens to provide input. The consultants mentioned that another hearing would be held in October where they would have proposals, and citizens were invited to attend. Mayor informed that she and Councilor Altman attended a ribbon cutting at the home of Cynthia and Clint Allison, who are the new owners of 1621 Red Fox which was purchased through the City's Homestead Act for $1. There are additional properties available through the City under this program. She explained that the actual rehabilitation cost is borne by the new home owners through several local banks who participate in this program. Clear title is given after five years. This urban homestead program is one of many programs available through Community Development that are available to help low to moderate income families find adequate housing and have the pride of home ownership. Secondly, she received a letter from John Barton, Area Engineer for Texas Department of Transportation commending the assistance of several employees and staff who helped in the closures of Holliday and Broad Streets on the reconstruction of the bridge decks. Mayor expressed appreciation to these employees and staff for the professional and dedicated job they did last week. Councilor Altman expressed appreciation to the Legal Department for following up on the house on Faith Road that was a public nuisance. Item 12b There was no Staff reports. Mayor informed that Council Retreat will follow adjournment of this meeting at the Public Library on the second floor. The City Council adjourned at 9:40 a.m. PASSED AND APPROVED this day of , 1998. PL KAfHRYN A. YEAGE 71 - MAYOR ATTEST: Lydia Torres City Clerk