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Min 07/16/1996 268 Wichita Falls, Texas Memorial Auditorium Building July 16, 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 : Kay Yeager - 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 Yeager called the meeting to order. The invocation was given by Rev. Robert Landback, Good Shepherd Episcopal Church. Item 3 The minutes were approved as read and corrected. Items 4a-6 Moved by Councilor Johnston that the Consent Agenda be approved. Motion seconded by Councilor Shine and carried by the following vote. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins . Nays : None Items 4a-4 _ The minutes of the following boards and commissions were received. 269 Items 4a-4c cont' d. a. Commission on Human Needs, June 27, 1996 b. Planning and Zoning Commission, June 12 , 1996 c . Wichita Falls Park Board, June 27, 1996 Item 5a RESOLUTION N0, 94-96 RESOLUTION ACCEPTING THE FOOD SERVICE EQUIPMENT CONTRACT AT THE EXHIBIT HALL OF THE MULTI-PURPOSE EVENTS CENTER WITH WICHITA RESTAURANT SUPPLY, INC. AS COMPLETE Item 62 Bid was awarded for the annual requirement of bulk Malathion Concentrate to Cheminova, Inc . in the amount of $22 , 200 . Item 6b RESOLUTION NO, 95-96 RESOLUTION TO AWARD BID FOR ESTIMATED ANNUAL REQUIREMENTS OF READY MIX CONCRETE AND FLOWABLE FILL Item 6c .tea RESOLUTION NO 96-96 kofto RESOLUTION TO AWARD BIDS AND CONTRACT TO BOWLES CONSTRUCTION COMPANY FOR 1996 CDBG UTILITY PROJECT Item 6d RESOLUTION NO, 97-96 RESOLUTION TO AWARD BID AND CONTRACT TO JALYN CONSTRUCTION COMPANY FOR SCOTT STREET BRIDGE WATERLINE REPLACEMENT PROJECT Item 6e Bid was awarded to Dream Valley Farms in the amount of $15, 567 . 80 for fall flowers . Councilor Martin arrived at the Council table at this time . Item 7a ORDINANCE NO, 108-96 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS TEXAS WATER AND SEWER SYSTEM SUBORDINATE LIEN REVENUE BONDS, SERIES 1996 ; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND AUTHORIZING OTHER MATTERS RELATED THERETO. 270 Item 7a cont'd. Moved by Councilor Johnston that Ordinance No. 108-96 be passed. Motion seconded by Councilor Shine . Mr. Murphy Davis, #22 Chateau, representing Sentry Management, Inc . , City' s Financial Advisor, informed that this ordinance would give them permission to do the financing with the Texas Water Development Board for mandated changes on the water and sewer system. We have applied to the Texas Water Development Board for financing help. The financing will be a junior lien, which means that all the other bonds issued in a prior lien will retain their dominant role over the financing of the junior liens . Because we have applied directly to the Texas Water Development Board for these fundings which have been approved, is helping the City do a low cost financing now and protecting the City in the future with low rates in the event water and sewer bonds needed to be financed. We are also applying for insurance with AMBAC in order to obtain an even lower rate . It appears that we will be getting an interest rate cost of less than 50 . Applying to the Texas Water Development Board has been financially beneficial to the City. Norwest will be the paying agent . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7b ORDINANCE NO 10 - 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, PERMITTING AND REGULATING CONSTRUCTION, MAINTENANCE AND USE OF A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY COMCELL, INC. , 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 Moved by Councilor Martin that Ordinance No. 109-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 271 Item 7c ORDINANCE NO, 110-96 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 STESCO AVENUE AND THE NORTH SIDE OF STATE HIGHWAY 79 ADJACENT TO THE WEST AND SOUTH LINES OF LOT 1, BLOCK 56-B, EASTSIDE GARDENS Moved by Councilor Thompson that Ordinance No. 110-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin and Hawkins Nays : None Item 7d ORDINANCE NO, 111-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE PVW- EAST SIDE OF STESCO AVENUE AND THE NORTH SIDE OF STATE HIGHWAY 79 ADJACENT TO THE WEST AND SOUTH LINES OF LOT Wma 1, BLOCK 56-B, EASTSIDE GARDENS Moved by Councilor Martin that Ordinance No. 111-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7e A proposed ordinance was presented waiving Section 5130 of the Zoning Ordinance by allowing a residential dwelling at 2139 Avenue J to be used for direct selling of merchandise to the public . Moved by Councilor Hawkins that proposed resolution be passed. Motion seconded by Councilor Shine . Mike McQuerry, 2139 Avenue J, was present to answer any questions . 272 Item 7e con ' d. Mr. Dave Clark informed that Staff had sent out notifications, as directed by Council, to the property owners within the adjacent 200 ft . area. Eight responses were received, seven were opposed and one in favor, and of the seven one was from outside that area. Two of the responses which were opposed were from the Wichita Falls Independent School District; Wichita Falls High School is directly across the street from this residence . Motion was defeated by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 8a RESOLUTION NO 8-96 RESOLUTION TO APPROVE FIFTH AMENDMENT TO WATER PURCHASE CONTRACT WITH CITY OF HOLLIDAY Moved by Councilor Thompson that Resolution No. 98-96 be passed. Motion seconded by Councilor Shine. Councilor Hawkins asked if the second connection was going to be out by the prison area. Mr. Bonnett replied that it would be at the intersection north of the prison with Highway 369, if and only if Council chooses to annex that 1000 ft . strip west of Highway 369 . If you choose to do that and you want them to vacate their Certificate of Convenience and Necessity, this agreement would spell out the price for vacating their Certificate of Convenience and Necessity. This agreement gives Council the option to annex the 1000 ft . , but it is not mandatory. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8b RESOLUTION NO - 6 RESOLUTION TO APPROVE THIRD AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE WICHITA VALLEY WATER SUPPLY CORPORATION Moved by Councilor Thompson that Resolution No. 99-96 be passed. 273 Item 8b cont' d. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8c RESOLUTION NO 100-96 RESOLUTION ACCEPTING THE STORM SEWER RELOCATION CONTRACT AT THE MULTI-PURPOSE EVENTS CENTER COMPLEX WITH JALYN CONSTRUCTION, INC. AS COMPLETE Moved by Councilor Shine that Resolution No. 100-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8d RESOLUTION NO, 101-96 RESOLUTION ACCEPTING THE EXHIBIT HALL GENERAL CONSTRUCTION PROJECT OF THE MULTI-PURPOSE EVENTS CENTER BY ELECTRA CONSTRUCTION COMPANY, INC. AS COMPLETE Moved by Councilor Shine that Resolution No. 101-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8e RESOLUTION NO 102-96 RESOLUTION AUTHORIZING COMPLETION OF THE ARCHITECTURAL SERVICES FOR THE LIBRARY PROJECT AND COMMITTING UP TO TWO MILLION DOLLARS IN CITY FUNDS FOR THE PROJECT 274 Item 8e cont' d. Moved by Councilor Martin that Resolution No. 102-96 be passed. Motion seconded by Councilor Thompson. Councilor Daniel informed that the Committee in this resolution is asking Council to authorize the Architects to go forward with the design phase to complete the work and drawings, and be ready to go out for bids . At the same time, we are asking Council to state their commitment to funding this project on behalf of the City. That means we are asking Council to earmark $2 million dollars immediately out of equity and set it aside so that it will not be used for any other project . Then we will seek the additional funding of $1 . 8 million from numerous sources . Basically, we are asking the Council to state that they are willing to fund this project, regardless of where the money comes from. Councilor Shine stated that the earliest the project could be bid would be first of the year, and if we slow anything down it will slow the whole process . It is prudent to make a commitment and go forward at this point . Councilor Johnston stated that this does not commit the funds to this project, it does give a sense that we do want this project to go forward as quickly as we can. The citizens strongly support this project . Councilor Thompson expressed the need to pin down the remaining funding that is necessary, whether certificates of obligation or grants so we know where it is going to come from. This is something that the public wants done and we should see it through. Mayor challenged Staff and Council to come up with the necessary funding prior to the January date and that the City' s commitment to funding the Library project be reflected in the upcoming budget . Also, that we get the Library up to speed, and the collection up to where it should be . Mayor asked for a commitment from Staff and Council to give the citizens a library that is deserving of a city our size . Councilor Daniel stated that this is a project which must be finalized and it is incumbent upon the City and the Council to see that it is funded. We are asking Council to step forward on behalf of the City and state that we are willing to fund this project in whole if necessary, however, we will take any donations . We are asking for a statement from Council of our willingness to fund the project . Council' s response was to proceed with this project . Councilor Hawkins wanted to know what plan was being used. He stated that he was against the location because it was not a central location. Councilor Daniel replied that the $3 . 8 million includes the complete facade including the mansard roof . He stated that if a decision had not been made on the downtown location, we would not have a project to discuss . The location possibly could be an on-going discussion. Councilor Thompson stated that, emotionally, the citizens are in support of the location. I think it is in a good location. One thing we need to do is pin down the funding for the $1 . 8 million. 275 Item 8e cont' d. Council was supportive in that they need to move quickly on this project and to determine the financing of the $1 . 8 million. City Manager confirmed that Council is committed to this project and that they want the $2 million to come out of equity as a priority. The Architectural firm is to proceed with the completion of the design phase and to move forward with the bid process . The financing will follow. Staff will structure a funding plan. Motion carried by the following vote. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9a A citizen had a complaint regarding a County matter and the Mayor directed her to the appropriate County officials . Item 9b Councilor Thompson expressed appreciation to Mr. Bob Parker on information regarding the street lighting on Harding Street . He asked that a copy be sent to Rev. D. B . Williams . He asked if the condition of the railroad tracks on 13th and 15th Streets had been reviewed. Mr. Bonnett responded that they have had previous requests on the alleys on those crossings, and there is a question of ownership. We are currently working on that problem. Councilor Thompson asked that a traffic count be done on Scott Street at 12th and 13th Streets . Councilor Hawkins expressed appreciation to the State for the work on the State roads around the base . He asked Mr. Bonnett to put in his future plans the clean up of standing water on Pearlie Dr. and SH 240 . Mr. Bonnett stated that was one of the unfunded capital programs . Councilor Thompson asked that City owned property along the 400 block of Flood Street be checked for high grass and weeds and that a street sweeper be sent out there . He also asked that Normandy Street be checked for high grass and weeds . Councilor Johnston stated that the construction on Lawrence Road has created some problems . The Highway Department has w" commended the Police Department for their cooperation and support in maintaining the traffic out there . Councilor Johnston also commended the Police Department for doing a good job. Councilor Daniel thanked Councilors Johnston and Shine for serving on the Library sub-committee . He has received citizen concerns on what will be done with the existing Library 276 Item 9b cont' d. building. His response was that it is his hope that Council will deal with the existing library project and get it wrapped up first . The Council will then come back and handle the existing Library building in the same way as this project is being handled. Councilor Martin asked for an update on the sound system. City Manager stated that it is not finished but it is now being handled in-house . Councilor Shine suggested that a staff report be presented on the sound system project . Item 9c City Manager reminded Council of the study worksession on Friday, July 19 at 12 :30 p.m. on sales tax options, among other items . Scott Joslove, Assistant Attorney General, will make a presentation on the sales tax options . City Manager informed that a letter from the Department of the Army was received that they are going to fund the Plum Creek Project . This letter authorizes us to start the land acquisition. City Manager announced that the Staff presentation today will be on annexation. Mayor interjected that this will be a first of what will be one in every Council meeting of Staff presentations on issues of concern to the Council and the public . At this time Mr. Dave Clark and Mr. Steve Seese made a presentation to the City Council on annexation proposal options for the Reilly Road/Highway 369 area and for the Kovarik Road area. Copies of these presentations are attached hereto as Exhibit A and are made a part of these minutes . During the presentation Mr. Clark informed that Staffs recommendation on the Reilly Road area was Option 1, which included the entire area. After some discussion, Mayor stated that it was a consensus of the Council to consider Option 1 which includes the entire area. Council suggested that 500 ft . frontage on the south side of U.S. 287 be included in this option. Regarding the Kovarik Road area, Staff recommends Option 1 which includes the entire area to Highway 369 . Council suggested that Highway 369 be extended to the Red River and include the 500 ft . west of Highway 369 in this option. Staff will look into these suggestions and provide the necessary additional information to Council . Mayor said that we need to look at a long term comprehensive annexation policy so that we can see where we might need to be going. Mayor thanked the Community Development Staff for the presentation of these reports . 277 Item City Council went into executive session 10 :40 a.m. as authorized by Section 551 . 074 of the Government Code. City Council reconvened at 11 : 02 a.m. Item 9e Moved by Councilor Thompson that Jean Boyd Puckett and Mary Lynn Boyd be appointed to serve on the Mental Health Mental Retardation Board of Trustees with terms to expire August 31, 1998 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None The City Council adjourned at 11 : 03 a.m. PASSED AND APPROVED this day of 1996 . w�rr A Y O R ATTEST: City Clerk