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Min 08/03/1999 513 Wichita Falls, Texas Memorial Auditorium Building August 3, 1999 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 Arthur Bea Williams - Councilors Dan Shine - James Esther, Jr. - 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 Dr. Isaac Butterworth, First Presbyterian Church Item 3 Cicilia Caballero, Police Department Records Clerk I, was recognized as Employee of the Month for the month of August. Mayor presented Mrs. Caballero with a plaque, a City pin, dinners for two, transit passes, and a check. Mayor recognized Boy Scouts Ross Spruiell, Will Winkler, Todd Bitsche, Marshal Gaines and their leader Craigo Gaines from Troop 88. The boy scouts are working on their citizenship in the community and communication merit badges. Item 4 No one signed up to speak under Public Comments. Item 5 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. Items 6a-9a Council requested that Items 6b, 6c, and 7a be brought down to the Regular Agenda. Moved by Councilor Shine that the Consent Agenda be approved with the exception of Items 6b, 6c, and 7a. 514 Items 6a-9a continued Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 6a RESOLUTION NO. 83-99 RESOLUTION TO APPROVE JOINT FUNDING AGREEMENT WITH U.S. " u, GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR CONTENT GAUGING STATIONS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6d RESOLUTION NO. 86-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REPEALING RESOLUTION 1124 CONCERNING THE AVIATION ADVISORY BOARD, AND AMENDING RESOLUTION 171-90 AT SECTION 2; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 8a RESOLUTION NO. 87-99 RESOLUTION TO APPROVE CHANGE ORDER NO 1 AND ACCEPT THE LAKE KICKAPOO BOOSTER PUMP STATIONS MCC REPLACEMENT PROJECT AND AUTHORIZE FINAL PAYMENT TO MARVIN GROVES ELECTRIC CO.; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 9a-9c Minutes of the following board & commission meetings were received. a. Wichita Falls (4A) Economic Development Corp. - February 8, 1999 b. Planning & Zoning Commission - June 9, 1999 c. Commission On Human Needs - June 21, 1999 Item 6b RESOLUTION NO. 84-99 RESOLUTION TO APPROVE CONTRACT FOR THE BENEFICIAL USE OF WATER TREATMENT PLANT SLUDGE ON AGRICULTURAL LANDS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Resolution No. 84-99 be passed. Motion seconded by Councilor Altman. 515 Item 6b continued Council noted the following corrections in the Agreement: 1) Correct the name of Nations Bank which has changed, 2) Correct the word "agree" to "agrees" in Item 4, and 3) Correct the spelling of the word "Wichita" under the signature. It was also noted that Items 11 and 12 in the Agreement are identical and the City Attorney was asked to check into that and correct it. Mr. George Bonnett gave an update on the voluntary water rationing and water supply. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 6c RESOLUTION NO. 85-99 RESOLUTION AUTHORIZING AN AGREEMENT WITH PROGRESSIVE ECONOMIC OPPORTUNITY PROGRAMS FOR LOCAL EFFORTS TO FACILITATE THE CONDITIONS FOR THE TRANSFER OF CITY-OWNED PROPERTY AT 1006 NEFF STREET AND 821 ROOSEVELT STREET FOR THE CONSTRUCTION OF NEW HOUSING AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE DEEDS TO TRANSFER TITLE; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 85-99 be passed. Motion seconded by Councilor Williams. Councilor Altman asked for a description of the P.E.O.P.L.E. organization. Mr. Clark stated that this organization is essentially the Weed & Seed organization whose original not for profit status was through the P.E.O.P.L.E. organization. We are offering these folks the same as we have done with other organizations recently where there has been interest in developing in the east side with infill housing. These folks have been actively seeking additional assistance to that which is offered by the City. For the City's effort we have tried to bring this land to more productive use and we essentially have no risk. There is a time line in this that if housing is not developed the properties are returned to the City. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 7a Moved by Councilor Williams that bid be awarded to Badger Meter, Inc. in the amount of $115,558.45 and to Sensus Technologies in the amount of $13,599.00 for the City's estimated annual requirement of water meters. Motion seconded by Councilor Altman. Councilor Altman commented that the commentary on this item reflects that it is a bid for an annual requirement, however, the footnote reflects that in effect it is a two year bid. It was his understanding that the award was for a one year bid with option to renew at the same price the second year. It is not clearly stated unless you read the footnote. 516 Item 7a continued Mrs. Peggy Gahagan stated that the figures are for a one year's estimated annual requirement. The contract does call for a one year renewal at the option of the City at the same prices. Councilor Altman stated that it should be explained in the commentary as opposed to finding it in the footnote. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 10a A public hearing was held on the annexation of the Reilly Road area. Mayor declared the public hearing open. Jerry Lueck, 309 Cartright, representing Reilly Road area, made reference to SB-89, Sec. 43.056 and the Service Plan. Under this Plan you are saying that the development potential for the area is better than the present Wichita Falls area because of its relationship to major transportation corridors. Currently, if people want to build in this area your Sanitation Department is forcing the people to put in a robie system at a cost of $5,000, and pay $275 annually to treat this system. This spreads the bacteria back into the air via a lawn sprinkler system. Under your Code Enforcement this robie system would not work. In other words you want to enforce the Code regulations on us but you do not want to comply with State law and put in the sewer lines. If we do not comply with the law you fine us and put us in jail but if you don't comply with State law that is okay. Currently a major sewer line runs through the east side of Reilly Road 3/10 of a mile west of the present City limits to the area you want to annex but it is not feasible to put in a sewer line. We do not want to be annexed. If you want to annex us give us the services. James W. Robinson, 6188 Reilly Road, said that what Council is proposing to offer them they already have - such as maintaining their water system, adequate fire protection, law enforcement, and trash disposal. You will probably lay on us another tax plus service fees and additional regulations. I am opposed to this. I have lived here thirty years and did not intend to live in the City and I still feel that way. Mayor allowed for additional public comments. There being none the Mayor declared the public hearing closed. Item 10b A public hearing was held on the annexation of the North Pleasant Valley area. Mayor declared the public hearing open. Mayor called for public comment. There being no one who wished to be heard the Mayor declared the public hearing closed. Item 10c A public hearing was held on the annexation of the City View area. Mayor declared the public hearing open. Corrine Hamre, 2180 Wellington Lane, stated that she and her family are against having their farm and home being annexed. We are from farms and can provide for ourselves such as maintaining our own water system, septic tank, water softening system, drinking water, waster disposal, and farm insurance. For the sake of progress you in leadership, feel it is 517 Item 10c continued logical to bring these parcels of land in. My household prefers not to be annexed. However, if you do proceed, do not annex us before September 1 so that we may be protected by the State of Texas legislation which will go into effect on September 1, 1999. 1 am petitioning you to act in a spirit of justice. Mayor allowed for additional public comment. There being none the Mayor declared the public hearing closed. Item 10d A public hearing was held on the annexation of the FM 367 area. Mayor declared the public hearing open. Don Longley, 3309 Northwest Drive, informed that he is in the City limits. I know about the proposal to bring in the FM 367 area, not only to pick up 14 people for taxes but the proposed wastewater treatment plant. I have lived there for over 20 years and the property has been in the City limits for thirty years and I still do not have sewer. I cannot understand why. The Allred Prison has sewer and Texhoma Christian Care Center which is across the alley from me, have sewer but I don't. Only two residents on my street have sewer and I want to know why. The proposed wastewater treatment plant is going to totally destroy the value of my property as well as that of the people in Tanglewood. The smell is going to be terrible and the environmental concerns need to be addressed. We do not have to have a plant as close to the river as is being proposed. It could be another ten miles from Wichita Falls and eliminate all the basic problems. I am not opposed to that property being annexed but I am asking Council to consider waiting until after September 1 and have a feasibility study done of moving the proposed treatment plant further away from our City limits. Mary Sorge, 3971 FM 367, expressed concern that they have invested a large amount of money in that area and added that their land is not for sale. The City proposes to put in a $78 million sewer plant in our front or backyard and we are appalled that a City government would not care enough for the people that they would do something like this. We have never received notice from the City that you were contemplating doing something like this when we built our homes, which has been within the past five years. We had to submit all sort of plans but we never received notice that you were even contemplating that something like this might happen in the near future. Seven of those fourteen people in that area are my family and they as well as everything around us such as Texhoma Christian Care, Wichita Gardens, Tanglewood, and Brandywine will be affected by this methane gas. It will have a devastating affect, physically and psychologically. She asked Council not to annex this area at the August 31 deadline so that they can have time do something about this. When the public finds out about the City's intentions this will not fly. The City did not let the Prison be located in and around residences and I do not think the City will allow this to happen either. She told Council that they could prevent this from happening. It was her understanding that the City was going to begin work to lay lines pretty soon to go to this area and this is something that needs to stop immediately because once it is started it will be almost impossible to stop due to the amount of resources put into it. She asked that Council build the plant outside the City limits where it doesn't affect City residents. City Manager commented that the two issues, annexation and the sewer treatment plant, were being mixed. Some areas do not have sewer lines because the area traditionally was not in the City and they were not put in by the developers when they were developed. Also, there was no easy place to take the sewage. The mixing of these issues is in the sense of whether the land is in or out of the City. If the City builds a sewer plant it is not restricted to whether it is in or out of the City and that is one reason why these issues need to be kept separate. At this point this is a preliminary study that has yet to work its way back to the Council. It has not worked its way to any decision process. It is a 50-75 year plan as to how the sewage of this growing area might be handled and it does not make a difference if the land is in or out of the City. There are going to be a lot of things that happen before any plan is implemented in terms of a sewer plant. He explained that the proposed sewer plant was a separate issue from the annexation process. 518 Item 10d continued Mrs. Sorge expressed concern about what had already been done to their property according to a plat she obtained from the City as to the location of this plant. She did not want it in her area. Mrs. Sorge was concerned that their property would devalue with the proposed plant. She asked that their area not be annexed and that they be given the three year time period. City Manager repeated that it is at the very beginning steps and staff does not even have a recommendation. Council was given a copy of the study to read. Mayor stated that we are not going to lay sewer lines to a plant that does not exist and may not for some time. She added that we constantly have people requesting sewer in their area but we cannot continue to provide sewer unless we do something in the way of another sewer treatment plant because the River Road plant is nearing capacity. This is a preliminary study and there are no solid plans of what the plant will be or its location. Mrs. Sorge asked why the City had said it would be in their area if they did not know the location and she asked if the City could publicly state that they did not know where it would be located so it would not affect what was going to happen to their property? City Manager stated that there is something that is moving in that direction and that is the development of this City. The lines that run from the southwest part of the City to River Road are at capacity and everything from there is a lifting action through a pump station and it becomes a very expensive part of the treatment process when you have to lift all the sewage. He explained the concept being considered under the study. Common sense planning says look for a plant somewhere else. It is going to fall on someone's property, but we need to start at some point and we have not gotten to the finish point. This has not been discussed. City Manager further explained that sewer lines are not run to the front door in the annexed area because they are not run to the front door in the City. We run it to an area and people run lines to it as they develop the property. Don Whan, 1806 Ridgemont, said that he owns land on Radio Lane which is being proposed to be annexed. I cannot understand the philosophy that this annexation was for a proposed sewer treatment plant. Nobody likes to be annexed unless they receive services. He stated that we have northerly winds 94 days out of the year and if the plant goes within half mile of the proposed area we will have the smell that nobody likes that goes with a treatment plant. He mentioned that there are engineering ways to minimize this offensive odor by using a "closed plant" instead of an "open plant". Why don't we consider all people. I can understand why the engineers made the proposal they made, but I question the fact that they have not looked at the environmental impact and loss of tax base that could be caused by a placement of an open plant. The reason I am tying the plant and the annexation together is because my understanding was that the reason to annex FM 367 was for the future possible plant somewhere in this area. I understand that we have to give the Prison lower water rates in order to get the expansion and you are bound by it. However, you are not bound by Council decisions. He expressed concern about the proposed annexation because it will have a detrimental effect on Tanglewood and his property on Radio Lane. He asked that this City come to the 201h Century and not use yesterday's technology and cause detrimental and social environmental and health impact upon whoever might be close in the prevailing winds. His real concern was that we never design another "open plant" and that we spend the necessary money to minimize as far as technology and reasonable cost prevail a "closed sewer plant". Mayor called for additional public comment. There being none the Mayor declared the public hearing closed. City Manager reiterated that there will be many hearings and many considerations before a sewer plant is built. There will be many opportunities to speak on this issue. I believe that this body will give it every study and consideration and will take into account what is said. Several Council members commented on planning for future growth, the needs of the City and keeping the public informed. 519 Item 11 a ORDINANCE NO. 70-99 ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO VARIOUS OPERATING ACCOUNTS FOR EXPENDITURES TO DISPOSE EXTRAORDINARY WATER TREATMENT SLUDGE; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 70-99 be passed. Motion seconded by Councilor Williams. Councilor Altman commented that we are passing an ordinance for money that has not been spent when in effect we are amending the budget. Procedurally we have spent about $391,000 out of the operating budget and we are appropriating the additional money but the proposed ordinance states that we are reimbursing the budget. The money has not been spent, therefore, we should be amending the budget with regard to future expenditures. We have not authorized those future expenditures and we have not spent the money so we are not reimbursing it for the future expenditures. Moved by Councilor Altman that the proposed ordinance be amended by deleting the word "reimburse" in the last Whereas and replacing it with the word "amend". That paragraph would then read as follows: "Whereas, Council desires to appropriate sufficient funds from the equity of the Water and Sewer Fund to amend the operating budget of the Public Works Department for the expenditures on this project". Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None " Moved by Councilor Williams to amend the proposed ordinance by adding the word was" in the fourth Whereas. That paragraph would then read as follows: "Whereas, the disposal cost was $499,575 and only $108,500 was budgeted, leaving a shortfall of $391,075; and" Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Jerry Lueck, 309 Cartwright, stated that it seems that you are spending a lot of money. I have had some experience in sludge like this and by carefully testing the pH of the soil of which in this area the lime content of the soil is not low, this could be distributed among the farmers. Mayor commented that his comments are well taken and explained that this refers to an ordinance that was passed earlier in the meeting and we are currently distributing sludge to the farmers who desire it. This ordinance is a matter of budgetary transfers to cover the cost of this. The original motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 520 Item 11 b ORDINANCE NO. 71-99 ORDINANCE WAIVING SECTION 3140.5 OF THE ZONING ORDINANCE ALLOWING AN ATTACHED GARAGE TO ENCROACH INTO THE FRONT 25 FOOT SETBACK; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Ordinance No. 71-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 c ORDINANCE NO. 72-99 ORDINANCE AMENDING THE CODE OF ORDINANCES TO CHANGE THE NAME OF THE HEAVY COMMERCIAL DISTRICT (HC) TO THE LIGHT INDUSTRIAL DISTRICT (LI); DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Ordinance No. 72-99 be passed. Motion seconded by Councilor Burns. Mr. David Clark stated that staff has a concern of setting precedence for this type of - request and does not recommend approval of this waiver. Retha Stone, 2603 Hairpin Curve, stated that the primary purpose for this garage was for her own protection, safety and convenience as she gets older. She wants to be able to put a garage door in so that she can go in and out of her house through the garage. Half of the garage will be used for storage. This garage would eliminate a constant drainage problem which dates back to the construction of the home in her yard which slopes to the back. The construction of the garage would match the home. She is asking for a five foot variance. Mr. Clark informed that letters were sent out and there were no objections from the neighbors. Councilor Beaty commented that it is going to be twenty feet back from the street whereas other carports are within five or ten feet. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None City Council recessed at 10:20 a.m. and reconvened at 10:45 a.m. 521 Item 11 d ORDINANCE NO. 73-99 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 14 OF THE ELECTRICAL CODE AT SECTION 14-4(B), SO AS TO CHANGE THE TERM OF OFFICE FROM MAY 31 TO JULY 31; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING A REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Ordinance No. 73-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 e A proposed ordinance was presented permitting and regulating the construction, maintenance and use of a long distance telecommunications system by Touch America, a wholly owned subsidiary of the Montana Power Co., across, over and under certain streets and public rights-of-way of the City of Wichita Falls. Moved by Councilor Esther that proposed ordinance be passed. Motion seconded by Councilor Beaty. City Attorney informed that the City has been receiving a number of similar requests from long distance carriers and the physical space in our right-of-way is limited. We have a concern about the number of telecommunication companies that are coming into the City using our rights-of-way, although, they have a right to and are paying a reasonable consideration for it. However, when it comes to excavating and putting in water and sewer lines it gets to be a problem. Mr. Bonnett added that it is a concern and we cannot say no, all we can do is put reasonable conditions upon it. Physically it is a problem because they are using no dig technology and where they end up frequently is not where they say they are. Councilor Altman was concerned that we are licensing the space and there is no limit to the number of conduits. He felt we should be charging per conduit or per line for that space but the contract does not read that way. He felt that the contract should be worded with a restriction that limits the conduits or charge per conduit or something to that effect. Mr. George Bonnett suggested that we do it on a conduit by conduit basis. Councilor Altman stated that there are going to be other companies requesting space and under the federal laws and regulations we are required to provide the space available that we have. He suggested that this be tabled until inquiry could be made into adding that restriction into the agreement. Moved by Councilor Altman to lay on the table the motion regarding long distance telecommunications system by Touch America. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 522 Item 11 f ORDINANCE NO. 75-99 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND IN THE AMOUNT OF $17,848 TO MAKE A REFUND TO BELL PROCESSING AS DIRECTED BY THE WICHITA COUNTY APPRAISAL DISTRICT FOR TAXES PAID FOR THE 1998 TAX YEAR; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No.75-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 ORDINANCE NO. 76-99 ORDINANCE MAKING AN APPROPRIATION IN THE HOTEL/MOTEL TAX FUND IN THE AMOUNT OF $71,550 FOR EXPENSES ASSOCIATED WITH THE 1999 SUMMER TRAINING CAMP FOR THE DALLAS COWBOYS; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Ordinance No. 76-99 be passed. Motion seconded by Councilor Burns. Councilor Williams noted that the word "cost" needed to be changed to "costs". Motion as corrected carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 h ORDINANCE NO.77-99 AN ORDINANCE WAIVING SEC. 22-1 (A)(2) AND SEC. 22-4 OF THE CODE OF ORDINANCES TO PERMIT HORSES ON THE GROUNDS AND ALCOHOLIC BEVERAGES IN LUCY PARK DURING FALLSFEST ON SEPTEMBER 24 AND 25, 1999; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 77-99 be passed. Motion seconded by Councilor Burns. Council made the following corrections: 1) In the first paragraph delete the word "a" and replace with the phrase "an event", 2) In the first paragraph delete the word "event", 3) In the second paragraph add the words "previously" and "only". Paragraphs one and two will read as follows - "Whereas, Falls Fest is an event cosponsored by the City of Wichita Falls; and Whereas, the event has occurred previously with only minor problems; and". 523 Item 11 h continued Motion as corrected carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 i ORDINANCE NO. 78-99 ORDINANCE AUTHORIZING THE APPROPRIATION OF TEXAS PARKS AND WILDLIFE DEPARTMENT GRANT FUNDS FOR IMPROVEMENTS TO PLUM LAKE SHORELINE; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 78-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12a RESOLUTION NO. 88-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH RANDY HOLDEN AS TENNIS PROFESSIONAL FOR WEEKS PARK TENNIS CENTER; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Resolution No. 88-99 be passed. Motion seconded by Councilor Williams. Councilor Burns noted that Mr. Holden's name had been misspelled in the body of the resolution. This will be corrected. Councilor Altman expressed concern that the Weeks Park Pro was being hired at a higher pay rate than the Hamilton Park Pro who has been with the City for twenty-eight years. Also, he should have been notified in advance and given the particulars. City Manager stated that these are independent contractors and the contracts are independent of each other. For several years the person at Hamilton Park was making more than the person at Weeks Park. What we found when we tested the market is you just aren't going to get anybody for less than what we are bringing to you - a contract that is in the ballpark of what people who run a facility like that are going to ask. I hope you can appreciate our position in this - that until you take action on this we have not paid anybody more than the person at Hamilton Park. Councilor Altman commented that this man has been operating Hamilton Park for twenty-eight years and has done an excellent job and he has never come to the City to ask for an increase. I think in handling employees or contractees that we owe them more than just springing it on them without giving them a detailed explanation about it and let them know the process. I agree that it is a separate issue and it should stand on its own, but I think that we should look at that situation in light of the years of experience and dedicated service to the City. 524 Item 12a continued City Manager stated that we should but we have had to scramble to pay this additional amount at Weeks Park. We are optimistic about this new person because he spoke in great details about how to build the play out there. One of the reasons we are recommending this person is that we believe he can help generate some of the funds which will be needed to pay the extra amount and I would also ask the person at Hamilton Park to also help us detail how we might generate more funds there to pay the additional amount that we may recommend to you on that contract. Motion as corrected carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item13a RESOLUTION NO. 89-99 RESOLUTION TO AWARD BID AND CONTRACT FOR PLUM LAKE SHORELINE IMPROVEMENTS PROJECT; 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. 89-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 13b Moved by Councilor Altman to award bid to the Playwell Group in the amount of $17,250.25 for the purchase of a pre-fabricated steel structure. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 13c RESOLUTION NO. 90-99 RESOLUTION TO AWARD BID, CONTRACT, AND APPROVE CHANGE ORDER NO. 1 FOR THE 1999 STREET RECYCLING & RESURFACING PROJECT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 90-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 525 Item 11 e ORDINANCE NO. 74-99 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND USE OF A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY TOUCH AMERICA, A WHOLLY OWNED SUBSIDIARY OF THE MONTANA POWER CO., ACROSS, OVER AND UNDER CERTAIN STREETS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF WICHITA FALLS; PROVIDING FOR PUBLICATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW City Attorney stated that he had some proposed language to suggest for Item 11 e. Moved by Councilor Altman to take from the table the motion relating to the telecommunications system by Touch America. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None City Attorney suggested that Article 9 entitled Fees be amended so that the first sentence reads as follows: "A fee of $1.00 per linear foot of City right-of-way utilized by Touch America represents the lease value of the public right of way five foot in width to be used by Touch America for the construction of new facilities which shall be limited to the simultaneous installation of two conduits and necessary appurtenances." Moved by Councilor Burns that the amendment proposed by the City Attorney be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None The proposed ordinance as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Councilor Altman suggested to Mr. Bonnett that a size description be included in future contracts. Item 14a Councilor Shine asked Chief Coughlin about their move to Juarez Street. Chief informed that the location will be at no cost to the City because it is being provided by the Housing Authority. He added that this location will house six community service officers and will solve some of the space problems at the Police Department. They will be ready to move on August 6. Councilor Williams commented that public housing should be given credit for innovative community service projects that they have undertaken including having boys and girls in their premises as well as this facility. So many bad things are said about public housing that I think 526 Item 14a continued we should give them due credit when good things occur there. Chief Coughlin agreed that they are doing a tremendous job and added that they are going to work with them to increase their efforts. Councilor Shine asked for an update on the airport study. Mr. Robert Parker informed that the study is ongoing and an update meeting will be held next week. He will provide an update at the next Council meeting. Councilor Shine asked Fire Chief James to plug his activity. Chief James informed that the rookie graduation ceremonies would be held tonight at MPEC and extended an invitation to Council. Councilor Esther said that this has been a great week for him being on the Council. He enjoyed the cooperation among many entities to make a program successful, referring to the Dallas Cowboys Training Camp. We need to have the same entities working together on MPEC and the downtown area. Councilor Burns thanked the Police Department and Mr. Parker and his employees for doing an excellent job at the Cowboy Community Kick-Off Party. He also thanked the Traffic Department for putting up some requested street lighting on Professional Drive. He reminded everyone that the year round schools begin on Monday and there will be increased traffic and we need to watch out for all the children. Councilor Altman encouraged everyone to get out and vote. We hear people express their opinions in many ways but they do not get out and vote. It is difficult to pay attention to those people who want to complain about something but do not do their part in participating in the election process. Mayor thanked the City staff and all the volunteers, especially from S.A.F.B. who participated in the Cowboys Community Day and made it a successful event. Item 14b Mr. George Bonnett submitted in memo form to Council the storm water point rankings which have been reviewed and approved by the Council sub-committee. Mr. David Clark informed that two homes are being moved from the Wichita Falls High School area to the east side and will be available under the City's Urban Homestead Program. Anyone interested in these homes can contact the Housing Division. Item 14c The City Council went into Executive Session at 11:50 a.m. as authorized by Section 551.071 of the Texas Government Code, and reconvened at 12:30 p.m. The City Council adjourned at 12:30 p.m. PASSED AND APPROVED this day of , 1999. KAT RYN A. Y AG ER) MAYOR ATTEST: I _ L� is Torres i • Clerk NOTICE OF MEETING Regular 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 On Tuesday, August 3, 1999, Beginning At 8:30 a.m. City Council: Mayor Kay Yeager - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Bud Beaty 1 . Call to Order. 2. Invocation: Dr. Isaac Butterworth First Presbyterian Church 3. Presentations: Employee Of The Month 4. Comments From The Public To Members Of The City Council On Items Which Are Not On The City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) 5. Approval of Minutes CONSENT AGENDA 6. Resolutions: a. Resolution To Approve Joint Funding Agreement With US Geological Survey For Operation And Maintenance Of Stream Flow And Reservoir Content Gauging Stations. (City Council Bill #160) b. Resolution To Approve Contract For The Beneficial Use Of Water Treatment Plant Sludge On Agricultural Lands. (City Council Bill #161) 6. Resolutions (cont'd): City Council Agenda Tuesday, August 3, 1999 Page 2 a. Resolution Authorizing An Agreement With Progressive Economic Opportunity Programs For Local Efforts (P.E.O.P.L.E.) To Facilitate The Conditions For The Transfer Of City-Owned Property At 1006 Neff Street And 821 Roosevelt Street For The Construction Of New Housing And To Authorize The City Manager To Execute Deeds To Transfer Title. (City Council Bill #162) b. Resolution Repealing Resolution 1124 Concerning The Aviation Advisory Board, And Amending Resolution 171-90 At Section 2 Concerning Appointments To The Aviation Advisory Board. (City Council Bill #163) 7. Award of Bids: a. Award Of Bid For The City's Estimated Annual Requirement Of Water Meters To Badger Meter, Inc., In The Amount Of $115,558.45; And To Sensus Technologies, In The Amount Of $13,599.00. 8. Change Orders and Payment Approvals: a. Resolution To Approve Change Order No. 1 And Accept The Lake Kickapoo Booster Pump Stations MCC Replacement Project And Authorize Final Payment To Marvin Groves Electric. (City Council Bill #164) 9. Receive Minutes: a. Wichita Falls (4A) Economic Development Corp. - February 8, 1999 b. Planning & Zoning Commission — June 9, 1999 c. Commission On Human Needs — June 21 , 1999 REGULAR AGENDA 10. Public Hearings: a. A Public Hearing Regarding The Annexation Of The Reilly Road Area. 10. Public Hearings (cont'd): City Council Agenda Tuesday, August 3, 1999 Page 3 b. A Public Hearing Regarding The Annexation Of The North Pleasant Valley Area. c. A Public Hearing Regarding The Annexation Of The City View Area. d. A Public Hearing Regarding The Annexation Of The FM 367 Area. 11 . Ordinances: a. Ordinance Making An Appropriation From The Water And Sewer Fund To Various Operating Accounts For Expenditures For The Disposal Of Extraordinary Water Treatment Sludge. (City Council Bill #165) b. Ordinance Waiving Section 3140.5 Of The Zoning Ordinance, Allowing An Attached Garage To Encroach Into The Front 25 Foot Setback. (City Council Bill #166) c. Ordinance Amending The Code Of Ordinances To Change The Name Of The Heavy Commercial District (HC) To The Light Industrial District (LI). (City Council Bill #167) d. Ordinance Amending Chapter 14 Of The Electrical Code At Section 14-4(B) To Change The Term Of Office From May 31 To July 31 . (City Council Bill #168) e. Ordinance Permitting And Regulating The Construction, Maintenance And Use Of A Long Distance Telecommunications System By Touch America, Across, Over And Under Certain Streets And Public Rights-Of-Way Of The City Of Wichita Falls. (City Council Bill #169) f. Ordinance Making An Appropriation In The General Fund In The Amount Of $17,848 To Make A Refund To Bell Processing As Directed By The Wichita County Appraisal District For Taxes Paid For The 1998 Tax Year. (City Council Bill #170) g. Ordinance Making An Appropriation In The Hotel/Motel Tax Fund In The Amount Of $71 ,550 For Expenses Associated With The 1999 Summer Training Camp For The Dallas Cowboys. (City Council Bill #171) 11 . Ordinances (cont'd): City Council Agenda Tuesday, August 3, 1999 Page 4 h. Ordinance Waiving Sec. 22-1(A)(2) And Sec. 22-4 Of The Code Of Ordinances To Permit Horses On The Grounds And Alcoholic Beverages In Lucy Park During FallsFest On September 24 And 25, 1999. (City Council Bill #172) i. Ordinance Authorizing The Appropriation Of Texas Parks And Wildlife Department Grant Funds For Improvements To Plum Lake Shoreline. (City Council Bill #173) 12. Resolutions: a. Resolution Authorizing The City Manager To Execute A Contract With Randy Holden As Tennis Professional For The Weeks Park Tennis Center. (City Council Bill #174) 13. Award of Bids: a. Resolution To Award Bid And Contract For Plum Lake Shoreline Improvements Project. (City Council Bill #175) b. Award Of Bid For The Purchase Of A Pre-Fabricated Steel Structure To The Playwell Group In The Amount Of $17,250.25. c. Resolution To Award Bid, Contract, And Approve Change Order No. 1 For The 1999 Street Recycling & Resurfacing Project. (City Council Bill #176) 14. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session- (1) Briefing By City Attorney Regarding Pending Litigation Sund V. City Of Wichita Falls; As Authorized By Section 551 .071 Of The Texas Government Code. 15. Adjourn. City Council Agenda Tuesday, August 3, 1999 Page 5 Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on 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 , 19 at o'clock (a.m.)(p.m.). City Clerk