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Min 02/20/1996 126 Wichita Falls, Texas Memorial Auditorium Building February 20, 1996 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: Michael Lam - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. Wendell Elms, Life Tabernacle Church. Mayor Lam proclaimed the week of April 24-29, 1996 as "Power Team Week" in Wichita Falls . Fairway Baptist Church is sponsoring a power team of world class athletes which will meet with the youth of our community and surrounding areas to hear testimonies on how to make a difference in their lives . Mayor Lam proclaimed February 23, 1996 as "NAACP Day" in Wichita Falls . Mayor stated that this organization makes significant contributions to our City. A reception will be held at the East Side Branch YMCA on February 23, 1996 at 7 : 00 p.m. to provide the advance goals of NAACP. Mayor Lam proclaimed March 5, 1996 as "Taste of the Town Day" in Wichita Falls . This is sponsored by the Restaurant Association, and all proceeds stay in the community. This will be the first function which will be held at the MPEC Exhibit Hall . Mayor Lam proclaimed February 24, 1996 as "Trio Day" in Wichita Falls . This is sponsored by Upward Bound, M. S.U. , and is a program for high schools offered to low income students . Item 3 Moved by Councilor Johnston that the minutes of the February 6, 1996 meeting be approved. Motion seconded by Councilor Shine and carried by the following vote . 127 Item 3 cont ' d. Ayes : Mayor Lam. Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Items 4a-6e City Manager requested that Item 5b be pulled until next Council meeting. Moved by Councilor Daniel that the Consent Agenda be approved with the deletion of Item 5b. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item 4a RESOLUTION NO. 16-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE ADDENDUM #1 TO THE OPERATION AND MAINTENANCE CONTRACT FOR THE WICHITA FALLS/WICHITA COUNTY MULTI- PURPOSE EVENTS CENTER WITH THE CITY OF WICHITA FALLS, WICHITA COUNTY, AND THE WICHITA FALLS/WICHITA COUNTY MULTI-PURPOSE EVENTS CENTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5a RESOLUTION NO. 17-96 RESOLUTION TO ACCEPT THE CONTRACT WITH TEXACO PIPELINE, INC. FOR RELOCATION OF 10-INCH PIPELINE OVER THE LAKE WICHITA DAM Item 5c RESOLUTION NO. 18-96 RESOLUTION TO ACCEPT THE 1995 MILL AND OVERLAY PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT COMPANY Items 6a-6e , Minutes of the following boards and commissions were ,, received. 1995 a. Wichita Falls Traffic Safety Commission, November 1, 1996 b. Wichita Falls Traffic Safety Commission, January 3, c. Planning and Zoning Commission, January 10, 1996 d. Wichita Falls Clean Country, January 31, 1996 e. Board of Adjustment, January 17, 1996 128 Item 7a A public hearing was held on the amendment of the boundary of the Wichita Falls North Enterprise Zone. Councilor Johnston stated that he had filed a conflict of interest affidavit in the City Clerk' s Office, and he will not participate in discussion or vote of this item. Mr. Clark informed that this expansion would add 1225 acres to the existing Enterprise Zone area and qualification has to do with statistical information regarding the Zone. Under State statutes, it permits benefits for the Enterprise Zone. Two principal benefits are relief from the sales tax for materials used for construction and it may permit a reduction in the cost of electricity for the qualified project . The City has two zones, an eastern and northern. This one would add Vetrotex CertainTeed and areas north of the community along I-44 . Purposes for this are for the central expansion of Vetrotex for additional employees and plant improvement and to allow for additional open land to be available for potential industrial development . Mayor Lam declared the public hearing open, and allowed for public comment . No one wished to be heard. Mayor Lam declared the public hearing closed. Item 8a ORDINANCE NO. 20-96 ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW AT THE NOTRE DAME HIGH SCHOOL 20TH ANNUAL SPRING FESTIVAL ON MAY 3, 4, AND 5, 1996; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 20-96 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8b ORDINANCE NO. 21-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTH SIDE OF RATHGEBER ROAD ADJACENT TO THE NORTH LINE OF LOTS 1 AND 2, CANNEDY-BROWN ADDITION Moved by Councilor Martin that Ordinance No. 21-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . 129 Item 8b cont ' d. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8c ORDINANCE NO. 22-96 lIMl4 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF RATHGEBER ROAD ADJACENT TO THE NORTH LINE OF LOTS 1 AND 2, CANNEDY-BROWN ADDITION Moved by Councilor Thompson that Ordinance No 22-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8d ORDINANCE NO. 23-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF REILLY ROAD, ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 3, BACON SWITCH ADDITION Moved by Councilor Hawkins that Ordinance No. 23-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8e ORDINANCE NO. 24-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF —4o ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTH SIDE OF REILLY ROAD ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 3, BACON SWITCH ADDITION Moved by Councilor Hawkins that Ordinance No. 24-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 130 Item 8e cont ' d. Nays : None Item 8f A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing a sidewalk on the west side of Barnett Road and the north side of Athletic Road adjacent to the east line and the south line of the Wichita Falls Independent School District Complex. Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Martin. Jackie Lebow, Architect representing W. F. I . S. D. , 1532 Sweetbriar, spoke for the ordinance. Mr. Lebow informed that they are proposing a new junior high athletic complex to be located off Athletic Rd. southeast of the stadium. Planning and Zoning Commission approved a conditional use permit for implementation of this plan. There are three issues of concern regarding the waiver of the sidewalks . The whole design is oriented toward the Memorial Stadium and parking at the Stadium. All access, pedestrian and vehicular, will be coming from the parking lot at the Stadium. No approaches are planned for this project, whether pedestrian or vehicular, off Athletic or Barnett Rd. Most of the area is still undeveloped. The developed areas are oriented toward neighborhoods, not toward the Stadium itself. This situation is a little different because no houses directly affront this property on any side . Also, around the Memorial Stadium there are no sidewalks on either side of the street except for an area from Southwest Parkway to W. F. I . S . D. area along Barnett Rd. This is a precedent which has already been set . In addition, only three percent of the entire area considered is being developed. The request by the City Staff on the three different waivers would constitute about 500 of the perimeter of the entire complex and we feel this is very lopsided. Another precedent which we feel has already been set is that other developments have gone in out there such as the Greater Wichita Falls Soccer Association, the Little League, the Girls Softball complex, and they were built without additional sidewalk requirements . The request for sidewalks along Southwest Parkway would require bridges and other things to make it functional which would add to the cost of the current budget . Lastly, if all these requests were implemented, sidewalks around the perimeter of the entire project would constitute 100 of our construction packet and could end up desizing the entire project . We feel we have good justification for waiving the sidewalks . Councilor Martin commented that when there are functions out there pedestrians are forced to walk on the streets and it is very dangerous . For public safety, the sidewalks should be put in. Sometimes you have to correct precedent for public safety purposes . City Manager stated that the land where the fields are is leased land. He said that just because sidewalks were not required twenty-five years ago, it would be a mistake not to come back and require them now, particularly on Barnett Rd. and Southwest Parkway. He reminded them that Council required sidewalks when the Plex went in along Southwest Parkway. Mr. Lebow said looking at the overall land use, Southwest Parkway extension would be the most critical because it is in front of the School, and I do not think the School District has a problem with that . However, the extreme conditions with Southwest Parkway in relation to this project are pretty extreme for the amount of area and the scope of the work we are doing. City Manager commented that another easement could 131 Item 8f cont ' d. be dedicated on the inside of that area, it is not as though the School District is without recourse. Councilor Martin reminded that requests for sidewalk waivers along Southwest Parkway have been denied by Council because as that develops the sidewalks are tied in. Charles Moose, 1809 Giddings, spoke against this waiver because when there are activities like Hotter'N Hell it is dangerous out there and we need to have sidewalks . Councilor Thompson stated that we didn' t give the waiver to the Plex and he did not see how it could be done for this one. He said he respected the School System' s argument, but for the sake of public safety this is the position we have to take. Councilor Daniel commented that Council required Mr. Robert Seabury to put in a sidewalk on his Wellington Project, specifically because it abutted a school project . Motion failed by the following vote . Ayes : None Nays : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 8g ORDINANCE NO. 25-96 ORDINANCE WAIVING APPENDIX A , SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF WELLINGTON LANE, ADJACENT TO THE WEST LINE OF THE COHN ADDITION OUT OF THE THOMAS REVIS SURVEY Moved by Councilor Martin that Ordinance No. 25-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8h ORDINANCE NO. 26-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF WELLINGTON LANE, ADJACENT TO THE WEST LINE OF THE COHN ADDITION OUT OF THE THOMAS REVIS SURVEY Moved by Councilor Johnston that Ordinance No. 26-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. 132 Item 8h cont ' d. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8i ORDINANCE NO. 27-96 AN ORDINANCE WAIVING SECTION 6130 OF THE ZONING ORDINANCE; PLACING CONDITIONS UPON THE GRANTING OF THE WAIVER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 27-96 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8j ORDINANCE NO. 28-96 ORDINANCE WAIVING SECTION 21-72 OF THE CODE OF ORDINANCES REGARDING AGE REQUIREMENTS FOR VEHICLES FOR HIRE Moved by Councilor Martin that Ordinance No. 28-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8k ORDINANCE NO. 29-96 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING THE BOUNDARY OF THE WICHITA FALLS NORTH ENTERPRISE ZONE (ENTERPRISE ZONE NO. EZ090-062791-WFN) FOR THE FIRST TIME PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303) ; PROVIDING TAX INCENTIVES TO THE AMENDED AREA; REAFFIRMING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE (TEXAS TAX CODE, CHAPTER 312) ; AND FURTHER REAFFIRMING THE LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE AMENDED BY THE TEXAS DEPARTMENT OF COMMERCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 133 Item 8k cont ' d. Councilor Johnston stated that he would not participate in the discussion or vote of this item. Moved by Councilor Thompson that Ordinance No. 29-96 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes : Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Abstain: Councilor Johnston Item 81 A proposed ordinance was presented waiving Section 37-30 of the Code of Ordinances with respect to placing a sidewalk on the south side of Southwest Parkway adjacent to the north line of the Wichita Falls Independent School District Complex. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Daniel . Charles Moose, 1809 Giddings, spoke against the waiver. He said that the area around the complex was being used a lot , more and if sidewalks are not put in someone is going to get hurt . Motion failed by the following vote. Ayes : None Nays : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 8m ORDINANCE NO. 30-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF GREGG ROAD ADJACENT TO THE WEST LINE OF THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT COMPLEX Moved by Councilor Daniel that Ordinance No. 30-96 be passed. Motion seconded by Councilor Thompson. Charles Moose, 1809 Giddings, spoke against this waiver because he said that sidewalks need to installed for public safety and if they are not someone could get killed. Councilor Martin was opposed to the waiver because the north side of Gregg Rd. is just as heavily used during large events and you have to watch for people out there . Several of the Councilors were concerned that if this was not waived, it was going to be torn up later and it would be better to waive it . 134 Item 8m cont ' d. Motion carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : Councilor Martin Item 9a RESOLUTION NO. 19-96 RESOLUTION AUTHORIZING THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TERMINATING THE EMERGENCY SHELTER GRANT CONTRACT WITH MATERNITY COTTAGE INC. AND REALLOCATING THESE FUNDS TO THE OTHER EMERGENCY SHELTER GRANT SUBRECIPIENTS; 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. 19-96 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9b A proposed resolution was presented waiving charge for damaged curb cock at 1309 21st Street . Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Daniel . Jean Sheryl, 1309 21st Street, requested that the $52 fee be abolished. She compared City rates with rates in Little Rock, Arkansas . Mayor commented that when someone destroys City property through no fault of our own, we ask that it be repaired at the cost of the person who destroyed it . He added that this City has very fair utility rates and all requirements are met by the City and provide a very safe water and sewer system. We compare very favorably with other cities . Councilor Hawkins was for waiving the $52 charge because he disagrees with the City' s position on it since a licensed plumber was the one who turned it off. If the equipment is not of a substantial grade so it can be turned on and off, we need to look at that and not charge the citizen the $52 fee . He asked that the City Staff look at that a little more reasonably and look at the equipment . City Manager commented that the rates are based on uniform service and anytime we see an area that would allow those rates not to be passed on to the general user we look at it . For example, if someone breaks up property we always contend that should not be a cost passed on to everybody if there is a way to allocate that cost specifically. It is an enterprise fund which supports itself and whatever those rates are set at it stays in that fund to support the delivery of 135 Item 9b cont ' d. water. We try to set the rates fairly so that if we can allocate the cost to first time user or offending user then we should do it . Councilor Martin was concerned with having a customer pay for a defective piece of equipment . Councilor Daniel agreed that the City' s responsibility is to provide a water distribution system up to the meter. He asked Mr. Bonnett if it was the obligation of the homeowner to provide a cut-off . valve at the house . Mr. Bonnett replied that it was and he had a display to explain how it all worked. Councilor Daniel explained that the City provided the distribution system and we have to have a valve at the end to be able to cut off the flow at the City' s side of the meter. The citizen ' s responsibility is from the other side. Councilor Thompson commented that low income communities and some of the older homes probably do not have these cut- offs next to the house . Mr. Bonnett displayed a water meter and explained where the points of service are. He showed where the responsibility of the City stops and the customer begins . He explained the four different ways to fix a break, all of which are more expensive than the $52 fee which the City charges . He informed that City Ordinance prohibits entry into the meter by anyone other than authorized City personnel . He said if there is a leak the customer should call the City to determine if it is the City' s or the citizens and there is no charge for this . Councilor Johnston stated that City Ordinance further requires the customer to have a cut-off valve so he can shut off service his own house. Mr. Bonnett concurred. Respond time is not mandatory but during work hours it is pretty good, about thirtyminutes to an hour. The problem can get to be during a weekend or at night, when it is an on-call crew. Motion failed by the following vote. Ayes : Councilor Hawkins Nays : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Martin Item 9c RESOLUTION NO. 20-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS NOMINATING FOUR MEMBERS TO SERVE ON THE APPRAISAL REVIEW BOARD OF THE WICHITA COUNTY APPRAISAL DISTRICT; 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. 20-96 be passed. Motion seconded by Councilor Thompson. City Attorney stated that these would be nominations, not appointments, which would be considered. There are four positions which need to be considered. Mayor moved that this be tabled until a full slate of names could be considered. Motion seconded by Councilor Johnston. 136 Item 9c cont ' d. Councilor Hawkins asked if three persons could be nominated and leave one open. City Attorney informed that they could do that but nominations need to be received by March 1, and today' s meeting is the last Council meeting before that date. Councilor Hawkins suggested that Mr. Charles White, Mr. Joe Johnson, and Mr. Randy Holley be appointed today. Mayor Lam withdrew his motion. Moved by Councilor Thompson that Resolution No. 20-96 be passed with the following names as the City' s nominations : Mr. Charles White, Mr. Joe Johnson, and Mr. Randy Holley. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9d RESOLUTION NO. 21-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS TO NOMINATE SAINT GOBAIN OF PARIS, FRANCE D. B.A. VETROTEX CERTAINTEED OF WICHITA FALLS AS AN ENTERPRISE ZONE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF COMMERCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Johnston stated that he would not participate in the discussion or vote of this item. Moved by Councilor Thompson that Resolution No. 21-96 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Lam, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Abstain: Councilor Johnston Item 9e RESOLUTION NO. 22-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE GOLF COURSE CONTRACT AMENDMENT NUMBER NINE WITH EVERGREEN ALLIANCE GOLF LIMITED FOR MANAGEMENT OF THE WEEKS PARK MUNICIPAL GOLF COURSE Moved by Councilor Martin that Resolution No. 22-96 be passed. Motion seconded by Councilor Johnston. 137 Item 9e cont ' d. Bill Tisdale, representative for the Senior Golf Association of Weeks Park, expressed three concerns which were the condition of the golf course, the increase in dues, and non-compliance of the contract by Evergreen Alliance Golf Limited (EAGL) . He stated that it was not fair for the seniors to be getting a 20% increase in their fees while others are getting only an 8% increase. Also the golf course is in terrible shape and they are not living up to the contract agreement . Councilor Martin clarified that the increase would be 120 and not 200 . As a result of a committee meeting with Evergreen representatives, they are improving the greens and the City is going to keep a close watch on them. Mr. Dockery provided a history of the golf course contract . He also informed that measures had been taken to correct the weed condition on the greens . A general outline of maintenance provisions is included in the contract and one of the items specifically addresses irridicating the weeds on the greens . To this point they are living up to the terms of the contract . Also, EAGL intends in 1996, if fees are increased, to hire a full time green superintendent . A lengthy discussion ensued on the contract option and complying with the terms of the contract . Councilor Hawkins asked that Staff be very diligent the next two years and if EAGL does not comply with the terms of the contract that they be taken to court . Dean Tackitt, 4402 Prince Edward, said he was disappointed with what Mr. Dockery was telling the Council because he was not providing all the necessary information. He brought up the concessions given to EAGL and in particular the free water, which is being abused. He said they have not in the past and would not in the future comply with the contract and provide the neededmaintenance on the golf course . Their profits go to Dallas and are not used here in Wichita Falls . He said that the seniors had not been a part of any meeting with EAGL and he urged the Council to represent the taxpayers of Wichita Falls . He asked Council that they look to the past for the future . Councilor Johnston suggested that the golf course committee be continued and that they meet with EAGL along with representatives from the Seniors League or any other interested citizens and that they be included in the committee. In addition, that a quarterly review be set up to document the condition. Mr. Dockery informed that the Company is required to submit monthly maintenance reports and suggested that the committee meet at the time those reports are submitted and explained. Council agreed. Councilor Daniel clarified that the golf course was an > amenity that is provided to the citizens and not a profit center. With that in mind, instead of us trying to act as a golf maintenance company we try to find a contractor to do it on a per fee basis . The committee has met with EAGL and tried to deal with them in a very strong manner. Mr. Tackitt expressed concern that Mr. Dockery was not providing the Council with enough information. He accused Mr. Dockery of being EAGL' s representative, and what he did was a personal vendetta against him. Councilor Daniel expressed appreciation to those who served on the committee and asked them to develop specific criteria by which the operation of the golf course can be 138 Item 9e cont ' d. judged in the future as to whether they have fulfilled their contract . Councilor Thompson agreed and asked that the committee be expanded to include some of the golfers who want to serve on this committee. He asked that those interested in the golf course work with the committee and that they report to the Council at least once a quarter. He also stated that if EAGL does not meet the terms that perhaps the contract can be cancelled. We need to work together and cooperate to make that course what it should be. Mayor commended the committee in doing a good job and said that we should all be diligent in looking over this contract . Motion carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9f RESOLUTION NO. 23-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A PRISON EXPANSION AGREEMENT BY AND BETWEEN THE CITY OF WICHITA FALLS, WICHITA COUNTY, THE WICHITA FALLS BOARD OF COMMERCE AND INDUSTRY, AND THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 23-96 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10a RESOLUTION NO. 24-96 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR NATURE WORKS TRAIL Moved by Councilor Hawkins that Resolution No. 24-96 be passed. Motion seconded by Councilor Johnston. Beverly Williamson, President Junior League, provided a progress report on the project . She also informed that the National Arbor Day Foundation will be funding a summer camp here in Wichita Falls with other sites in Canada, Omaha, Nebraska, and Mexico. She expressed appreciation to the Council and Staff for their continued assistance. 139 Item 10a cont ' d. Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10b RESOLUTION NO. 25-96 RESOLUTION TO APPROVE AWARD OF BID FOR RENTAL OF A TROMMEL SCREEN FOR USE BY THE SANITATION DEPARTMENT Moved by Councilor Martin that Resolution No. 25-96 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10c City Manager asked that this item, chairs for MPEC ' s Exhibit Hall, be tabled. Moved by Councilor Johnston that this item be tabled. Motion seconded by Councilor Martin and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lla Discussion of City' s water policy regarding damage to water meters was had under Item 9b. City Council recessed at 10 : 40 a .m. and reconvened at 10 : 50 a.m. Item llb City Clerk introduced her new assistant Mr. Ron Gonzales . Mayor welcomed Mr. Gonzales . Charles Moose, 1809 Giddings, said that tree limbs still overhang on Ave F and Bell Street and as a result cars have to drive in the middle of the street . Mr. Parker informed that his Department tested that area and the land owners who are in violation have been contacted to correct this problem. They are allowed ten days to correct the problem and if they do not the City will do it at the expense of the land owner. Mr. 140 Item 11b cont ' d. Moose has been provided the number to call if this situation occurs again. Item llc Councilor Thompson commended Mr. Clark for the downtown tour and the work that is being done in that area. He said it was a very enlightening experience. He mentioned the affirmative action report and asked that the prospects be improved especially in the promotion of women of color. That looks rather dismal and needs to be improved. He asked the Police Department for their gang violence strategy and asked that this be provided to the Council in writing. Councilor Hawkins mentioned that the new Lake Arrowhead leases limits the water use to trees, shrubs and grass . He said the old leases allowed water for personal use and asked that Staff look into what the intent was . He asked if NAFTA was affecting traffic. Mr. Parker replied that I35 has seen the traffic but not in this area. According to Mr. Clements with the TXDOT, we do not anticipate any problems . Councilor Hawkins asked what the cost would be to bill taxes separately. Mr. Werner replied it would be basically the cost of paper and postage. Councilor Hawkins urged taxpayers to contact the Council, the City or a Realtor if they have any questions as to what has happened to their taxes . He mentioned that the City rate had been the same for the past twelve years . Lastly, he asked that a stub to a parking meter located on the north side of Eight Street between Indiana and Ohio be checked. Councilor Johnston encouraged everyone to attend the MPEC Exhibit Hall grand opening. Councilor Daniel invited everyone to attend the Taste of the Town. Councilor Martin informed that early voting for the primary would be February 21-March 8 and encouraged citizens to vote. Election day is March 12 . Councilor Shine echoed Councilor Thompson' s sentiments regarding the work which is being done in the downtown area . Item lld City Manager informed that the MPEC Open House will be March 2 at 1 : 00 p.m. to 7 : 00 p.m. and the public is invited. The dedication of the MPEC Exhibit Hall is February 26 at 2 p.m. City Manager reported that a letter had been received from E. P.A. regarding the administrative order and we now have a list of the projects, however, without a price tag, and the time has been extended to the year 2006. Item lle City Council went into executive session at 11 : 19 a.m. as authorized by Section 551 . 074 of the Government Code. City Council reconvened at 11 : 28 a.m. 141 Item llf Moved by Councilor Thompson that Councilor Dan Shine be appointed as the liaison to the Mayor' s Commission on the Status of Women. Motion seconded by Councilor Martin and carried unanimously. Item llg Moved by Councilor Thompson that Mr. Coy L. Francis, Jr. , Mr. Frank Yeager, and Mr. Charles Thomas be appointed to the Wichita Falls City/County Hospital Board with terms to expire April, 1999. Motion seconded by Councilor Martin and carried unanimously. Moved by Councilor Thompson that Mr. Coy L. Francis, Jr. serve as the City' s representative to the Wichita General Hospital Board of Directors . Motion seconded by Councilor Johnston and carried unanimously. The City Council adjourned at 11 : 30 a.m. PASSED AND APPROVED this day of , 1996 . >R-M chael Lam, Mayor ATTEST: L,h (Wt J -� �. Lydi Torres City: Jerk .,4w