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Min 10/19/1999 567 Wichita Falls, Texas Memorial Auditorium Building October 19, 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 Mike Rucker, Pastor, Bible Baptist Church Item 3 Fire Marshall Dave Collins made the presentation of the Fire Safety Poster and the Essay Contest winners for grades Kindergarten through 8". Fire Marshall Collins expressed appreciation to Mr. Robbie Barber, Midwestern State University Art Department, and Mrs. Sue Henson, Midwestern State University English Department, for all their help in this effort. He thanked Ms. Jennifer Inman, Mark Inman Insurance, for providing the pamphlets that are handed out to the children on fire prevention and fire safety. Golden Corral sponsored the poster contest and their representative Mr. Patrick Carlo was on hand to issue savings bonds to the winners. Mayor expressed appreciation to Fire Marshall Collins, the sponsors and those who helped in this program. Mayor proclaimed the week of October 18-22, 1999 as National Business Women's Week" in Wichita Falls. Mrs. Betty Cole and several members of the Wichita Falls BPW were on hand to receive the proclamation. Item 4 Jon Moeller, 1528 171h Street, mentioned that the Metropolitan Transportation Plan notice was in today's paper and he wanted to make the public aware of it. This plan has been submitted to the MPO and is in the process of being reviewed. He noted that the public involvement policy was going to be taken out of the plan that is in front of the public for review, and is going to be placed in another place. He felt this change was going to diminish the public involvement policy. He provided information for those who want to become involved. Item 5 The Minutes were approved as amended and corrected. 568 City Manager gave a briefing on the items listed under the Consent Agenda. Items 6a-8e Moved by Councilor Esther that the consent agenda be approved. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 6a RESOLUTION NO. 122-99 RESOLUTION TO APPROVE AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION TO INSTALL A 6-INCH DIAMETER WATERLINE ON A BRIDGE ON SH 240 AT HOLLIDAY CREEK; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REEQUIRED BY LAW. Item 7a RESOLUTION NO. 123-99 RESOLUTION TO ACCEPT THE JASPER WATER TREATMENT PLANT EXTERIOR PAINT PROJECT AND AUTHORIZE FINAL PAYMENT TO JIM MARSHALL CONSTRUCTION; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 8a-8e Minutes of the following board & commission meetings were received. a. Park Board -August 26, 1999 b. Traffic Safety Commission - September 1, 1999 c. Planning & Zoning Commission -August 11, 1999 and September 8, 1999 d. Library Advisory Board - September 28, 1999 e. Tax Increment Financing Board - October 7, 1999 Item 9a A proposed ordinance was presented authorizing the release of restrictions contained in the 1986 deed to the Wichita County Heritage Society for the Littlest Skyscraper Complex. Moved by Councilor Esther that proposed ordinance be passed. Motion seconded by Councilor Burns. Councilor Altman had a concern as to whether this could legally be done. In 1976 the City, through condemnation, acquired this land that was subsequently deeded in 1986 to the Heritage Society with the provision that they would maintain it for historical purposes, which was the bases of the condemnation. There is also a provision that if they go out of existence or fail to maintain the property it reverts to the City. We cannot condemn property and transfer it to somebody else who allows it to be sold to somebody else. City Attorney agreed and added that any proceeds from the sale of the property need to go back to the City coffers and not to a non-profit corporation. He recommended tabling this matter at this time. Councilor Altman felt that this could be worked out but more research was needed to determine the appropriate procedure. He stated that he did not have a problem with what the 569 Item 9a continued Heritage Society wanted to do but he just wanted to make sure that this was being done legally and that the City is not put in an awkward situation. Mayor commented that the appropriate action would be to table this and see if we can work through this situation to achieve the ends that the Heritage Society wishes to achieve in this and still be on solid legal ground with whatever result we come up with. - Moved by Councilor Burns that proposed ordinance be tabled. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 9b ORDINANCE NO. 106-99 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED $5,625.00 TO RICHMOND CONDOMINIUMS FOR ADDITIONAL EXTERIOR IMPROVEMENTS AT 1000 TENTH STREET (FORMERLY WILLIAM & MARY APTS.); 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. 106-99 be passed. 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 9c ORDINANCE NO. 107-99 ORDINANCE APPROPRIATING $9,000 IN THE GENERAL FUND FOR OPERATING ASSISTANCE FOR THE BOYS AND GIRLS CLUBS OF WICHITA FALLS, INCORPORATED, DOING BUSINESS AS TEEN COURT, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FUNDING CONTRACT; 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. 107-99 be passed. Motion seconded by Councilor Shine. Council noted that this was a one time funding and that in the future they will need to go through the outside agencies committee. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 570 Item 9d ORDINANCE NO. 108-99 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM TEXAS DEPARTMENT OF HEALTH; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW M Moved by Councilor Burns that Ordinance No. 108-99 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 9e ORDINANCE NO. 109-99 ORDINANCE TO AMEND SECTION 15-127 OF THE CODE OF ORDINANCES WHICH CLASSIFIES THE NUMBER OF DESIGNATED CIVIL SERVICE POSTIONS IN THE WICHITA FALLS FIRE DEPARTMENT; 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. 109-99 be passed. Motion seconded by Councilor Williams. Fire Chief Ronnie James explained that this is the beginning of the fire station consolidation efforts. He added that there would be another change at the completion of the fire station. This particular amendment will take one of our vacant fire fighter position that we do not have time to fill because of the recruiting and all the efforts that are required to fill that position. It converts that position to a Captain's position, and we can move that person into the Training Division and begin all certification requirements to have that person certified as an instructor. This will allow us to get started before we begin our next rookie class. Fire Chief James stated that this will give us the opportunity to have two people who have the rank of captain and are highly qualified to fill these positions. This will give us the opportunity to evaluate how this works with the two captains and when we come back with an additional ordinance, sometime next summer, we can better inform Council how this is working. City Manager explained that there is one fire fighter vacancy and we will not fill that until we have six or seven type positions so we can hold an academy. We are asking to legally cancel that one position and create the captain position. We will start that person on the training route. Councilor Shine asked who was going to be over the training. Chief James replied that he would be in charge of training and safety. Then he will divide it into two areas that have specific responsibilities. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 571 Item 10a RESOLUTION NO. 124-99 RESOLUTION ACCEPTING THE TENANT RENOVATION PLAN SUBMITTED BY THE ARTS COUNCIL FOR PROPOSED RENOVATIONS TO THE FORMER KEMP PUBLIC LIBRARY BUILDING; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 124-99 be passed. Motion seconded by Councilor Altman. Mr. Robert Powers stated that last year Council authorized a fifty-year lease to the Arts Council. One of the lease requirements was that they provide a Tenant Renovation Plan prior to any remodeling, renovation and construction. The original lease had a preliminary plan and since then the Arts Council has been working with their architect to revise and update some of those plans. At this point they are ready to begin several phases of the project. Mrs. Lin Purtle, Project Director, provided specifics on the Tenant Renovation Plan for the Kemp Library Building, a copy of which is attached hereto as Exhibit A. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns and Beaty. Nays: None Item 10b RESOLUTION NO. 125-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE WICHITA COUNTY HERITAGE SOCIETY ACROSS A PORTIION OF NINTH STREET AND LASALLE (ALLEY) FOR THE INSTALLATION OF FENCING AND THE EXPANSION OF THE RAILROAD MUSEUM SITE IN ACCORDANCE WITH THE ENCROACHMENT AGREEMENT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Move by Councilor Shine that Resolution No. 125-99 be passed. Motion seconded by Councilor Altman. Councilor Altman noted that that was a dead-end street, and clarified that the City is not actually giving that property to anybody. What we are doing is allowing the use of that property with the proviso that if at any time the City has need for that property we can take it back at no expense to us and any construction on there would have to be removed at the expense of the people that we are allowing to encroach. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty. Nays: None Item 10c RESOLUTION NO. 126-99 RESOLUTION TO APPROVE THE SEVENTH AMENDMENT TO A WATER PURCHASE CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE WICHITA VALLEY WATER SUPPLY CORPORATION; DETERMINING THAT THE 572 Item 10c continued MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 126-99 be passed. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty. Nays: None Item 11 a Moved by Councilor Burns that bid be awarded to SCS Group, L.C. in the amount of $28,625.00 for the demolition and disposal of structures located at 1702 Fairfax Avenue. Motion seconded by Councilor Altman. Councilor Williams stated that the property owner had contacted her and told her that whatever plans he submits would not be accepted. She asked Mr. Jim King to address that. Mr. King informed that the permit application submitted was for$450 for each of the two buildings. Based on the dilapidated stage we felt those were insufficient numbers to adequately repair those structures. The property owner was asked to revise the plans and he never did. Councilor Williams mentioned that the owner would provide the labor. Mr. King commented that even so repairs would fall far above that figure he gave us. Council asked to see the videotape of this structure and Mr. King asked for time to produce the videotape. Moved by Councilor Williams to lay this motion on the table. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty. Nays: None Item 12a Councilor Esther expressed concern in the closing of Community Action Corporation which has been a vital part of our community for thirty years. As I heard the announcement of the closing of this Center I thought about the agencies that would take over the responsibility of that agency and at the same time none of them reflected the word 'community'. There was some good work performed by that agency and I hope those new agencies who take over remember that there are a lot of people who need our help. Mayor expressed appreciation to the Fire Fighters for their letter thanking the Council for the raise given to them. Mayor thanked them for their support and help, and their involvement in the community. Item 12b Mr. George Bonnett informed that there will be a "compost give away" this Saturday. Mr. Ron Smith gave a presentation on the specifics of the compost program. The "compost give away" will be October 23 from 9:00 a.m. to 3:00 p.m. and is open to all City of Wichita Falls citizens. City Manager informed that we were almost complete with the United Way and approximately $39,000 has been raised. 573 Item 11 a Moved by Councilor Williams to take from the table Item 11 a regarding bid award for demolition and disposal of structures located at 1702 Fairfax. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty. Nays: None Mr. Clark showed pictures of the structures that were taken March 3, 1999. Mayor noted that asbestos removal would have to be done before renovation. Councilor Williams asked if the property owner would have to obtain a permit to do it himself. Mr. Clark replied in the negative. Councilor Esther asked how the City would have access to take pictures for that property since it sits off the road. Mr. Clark stated that much of the work is complaint based. Mr. King added that they get a search warrant that is generated from his office and they have probable cause. Councilor Esther said that they have some very bitter people in that area and he is asking these questions so that they will know the answers if they are watching. You have done everything possible. Mr. King stated that they have been more lenient than in other cases. It is difficult to do proactive code enforcement when citizens are asked to maintain their property and this property has been like this for a long time. Mr. Clark added that they have a follow-up of what happens with requests fromproperty owners asking for extensions. Councilor Beaty said that he had met with the property owner and discussed the items which needed to be repaired. He asked Mr. King if the property owner had come back to him. Mr. King replied in the negative. The only thing was a resubmission of the original plans and repairs. Councilor Williams stated that the property owner had mentioned that on the subject of asbestos he was going to come as an asbestos inspector and that may not make him an asbestos remover. Mr. King explained that by law he cannot do that. Councilor Beaty asked where the asbestos material would be deposited and who pays for that. Mr. King informed that the contractor will do that and it will go to Ellis County. Councilor Esther asked if the property owner would be liable for the cost to demolish and dispose of the structures. Mr. King replied that the City will bill him under the contract and if he cannot pay for it, a lien will be filed for the amount. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty. Nays: None Councilor Williams mentioned the Sixth Street sanitary sewer project and asked Mr. Bonnett to look into providing directional signs along the areas of Dee Drive and Andrews Drive. 574 Item 12c The City Council went into Executive Session at 11:00 a.m. as authorized by Section 551.074 of the Texas Government Code, and reconvened at 11:55 a.m. The City Council adjourned at 11:55 a.m. PASSED AND APPROVED this �i day of 1999. KATfifRYN A. Y AG MAYOR ATTEST: Lydia Torres City 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, October 19, 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: Mike Rucker, Pastor Bible Baptist Church 3. Presentations: 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 Agreement With Texas Department Of Transportation To Install A 6-Inch Diameter Waterline On A Bridge On SH 240 At Holliday Creek. (City Council Bill #237) 7. Change Orders and Payment Approvals: a. Resolution To Accept The Jasper Water Treatment Plant Exterior Paint Project And Authorize Final Payment To Jim Marshall Construction. (City Council Bill #238) City Council Agenda Tuesday, October 19, 1999 Page 2 8. Receive Minutes: a. Park Board — August 26, 1999 b. Traffic Safety Commission — September 1 , 1999 c. Planning & Zoning Commission - August 11 , 1999 - September 8, 1999 a. Library Advisory Board — September 28, 1999 b. Tax Increment Financing Board — October 7, 1999 REGULAR AGENDA 9. Ordinances: a. Ordinance Authorizing The Release Of Restrictions Contained In The 1986 Deed To The Wichita County Heritage Society For The Littlest Skyscraper Complex. (City Council Bill #239) b. Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $5,625.00 To The Richmond Condominiums For Additional Improvements At 1000 Tenth Street, Formerly William & Mary Apts. (City Council Bill #240) c. Ordinance Appropriating $9,000 In The General Fund For Operating Assistance For The Boys And Girls Clubs Of Wichita Falls, Incorporated, Doing Business As Teen Court, And Authorizing The City Manager To Enter Into A Funding Contract. (City Council Bill #241) d. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health. (City Council Bill #242) e. Ordinance To Amend Section 15-127 Of The Code Of Ordinances Which Classifies The Number Of Designated Civil Service Positions For The Wichita Falls Fire Department. (City Council Bill #243) City Council Agenda Tuesday, October 19, 1999 Page 3 10. Resolutions: a. Resolution Accepting The Tenant Renovation Plan Submitted By The Arts Council For Proposed Renovations To The Former Kemp Public Library Building. (City Council Bill #244) b. Resolution To Execute An Encroachment Agreement With The Wichita County Heritage Society Across A Portion Of The Ninth Street ROW and Six Inches Of LaSalle (Alley) ROW For The Installation of Fencing And The Expansion Of the Railroad Museum Site In Accordance With The Encroachment Agreement. (City Council Bill #245) c. Resolution To Approve The Seventh Amendment To A Water Purchase Contract Between The City Of Wichita Falls And The Wichita Valley Water Supply Corporation (WVWSC). (City Council Bill #246) 11 . Award of Bids: a. Award Of Bid For The Demolition And Disposal Of Structures Located At 1702 Fairfax Avenue To SCS Group, L.C., In The Amount Of $28,625.00. 12. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: (1) Consider Annual Evaluation Of City Council Appointees As Authorized By Section 551 .074 Of The Texas Government Code. 13. Adjourn. 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. City Council Agenda Tuesday, October 19, 1999 Page 4 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