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Min 12/17/1996 395 Wichita Falls, Texas Memorial Auditorium Building December 17, 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 - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Rev. Tom Handrick, Saint Paul Lutheran Church. Item Mayor Yeager informed Sharon Rossi, who had signed up to speak under public comments, that the item she wanted to speak on was on the agenda. Mrs . Rossi said she would wait and speak at the appropriate time . Item 4 City Council Minutes were approved as read. Item Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 396 Item 5a RESOLUTION NO 185 96 RESOLUTION APPROVING THE AWARD OF BID AND CONTRACT FOR LYNWOOD EAST PARK ROOF REPLACEMENT PROJECT (CDBG) Items 6a-6b Minutes of the meeting of the following boards and commissions were received. a. Board of Electrical Examiners, November 14, 1996 b. Commission on Human Needs, December 9, 1996 Item 7a A public hearing was held for the proposed annexation of a 31 . 76 acre tract of land at the northwest quadrant of the intersection of U. S . Highway 82-277, and Arena Road (F.M. 369) Mayor Yeager declared the public hearing open. Mr. Dave Clark informed that this was a petition to annex an area requested by the property owner. In the annexation process this is the second of two required public hearings . The first public hearing was held before the City Planning Commission and the request for annexation was endorsed by them after the public hearing. This is for the purpose of developing a commercial complex, including theaters . City is able without extending its limitations to serve the different aspects of this site . One thing that is an oddity is that it is in the Wichita Valley Water Service area and there has been a great deal of discussion on this and how it is going to be handled, in particular fire protection. That is a sight issue which will be solved. After this public hearing it will be placed on the City Council Agenda for actual consideration. Councilor Martin asked if there was a government loan now against any of the Wichita Valley Water authority property. Mr. Bonnett replied that it was their belief that they do have government financing and that they are going to have to protect the revenue stream. Councilor Martin mentioned a resolution passed at the National League of Cities relating to this issue, and commented that there seems to be a problem annexing property that is government financed. There is legislation that if passed will enable us to assume that indebtedness . If that is the case, we need to clear out the financial obligation. Mr. Bonnett stated that even if there are government loans, there is a methodology wherein a payment of a certain amount negotiated can be made to the rural water supply district to replace the potential revenue stream which would address their outstanding debt . The issue is how does that mechanism start . Councilor Martin asked if there were any sewer facilities out there . Mr. Bonnett replied that there were not; and the developer would be required to extend the sanitary sewer. However, one of the difficult issues is how to bill for it . We would have to obtain the billing records from the rural water 397 Item 7a cont' d. district in order to assign a sewer charge . I think it can be handled, although somewhat clumsy under the circumstances . Councilor Martin asked if there were any foreseeable problems that we need to consider. Mr. Bonnett replied that the one which needs to be looked at long and hard is the fire protection issue which Mr. Clark mentioned. Councilor Shine asked if there would be a cost analysis with the service plan. Mr. Clark stated that when it comes to cost, the developer would be the one extending the sewer lines and there would be no cost to the City. Also, the water service provision is a cost with which the developer may end up . It may be no cost to the City. Mr. Clark added that there is a 10" water line in FM 369 now and depending on water service negotiations, the City is capable of providing water services without additional lines at that location. The frontage of this property along FM 369 and Kell Blvd. is in the City limits now, and the petition to annexation area is to the rear of that . Councilor Johnston asked what would be the police and fire response time to service this area. Mr. Clark responded that, generally speaking, the police response would be adequate since it is in the City. The fire response relates, in the long term to your plans for fire station relocation, and is capable of being served at this time . Councilor Thompson asked when construction would begin. Mr. Clark replied that they initiated and pursued annexation, and are going through steps now, however, no plans have been submitted to his office yet . They are possibly looking at a spring program. Assistant Fire Chief Harold Lindsey informed that their response time in the proposed area is four minutes on the first engine and one and a half minutes on the second engine . Chief Harrelson stated that their response time should not be impacted and should be about the same. Mayor allowed for additional comments . There being no one else who wished to be heard, Mayor declared the public hearing closed. Item 8a ORDINANCE NO, 165-96 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Martin that Ordinance No. 165-96 be passed. Motion seconded by Councilor Shine and carried by the following vote : 398 Item 8a cont' d. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8b ORDINANCE NO 166-96 AN ORDINANCE WAIVING THE SCREENING REGULATIONS OF THE ZONING ORDINANCE, APPENDIX C OF THE CODE OF ORDINANCES, FOR THE RIVER BEND NATURE WORKS; 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 Ordinance No. 166-96 be passed. Motion seconded by Councilor Thompson. Sharon Rossi spoke on behalf of her parents who reside at 200 Polk Street and their neighbors . Mrs . Rossi showed photographs of the view from her parents home, and stated that the front porch faces directly east, which would be the western border of the proposed Nature Works fence . She showed the location of an eight foot easement running due east, where the proposed fence would be erected. She pointed out that the purpose of the City Ordinance which requires that commercial property install a fence around their development, is to protect the residents from visual damage . However, in this case, the visual damage would be the proposed six foot wooden Nature Works fence . She said that a six foot chain link fence would not become visual damage and would be less expensive along with complying with the ordinance . She asked that Council not destroy their visual access to the surrounding beauty of the new Nature Works Center. Councilor Hawkins asked why the proposed fence would be erected in the middle of the driveway. Mr. Jack Murphy informed that the original Ordinance requires it be on the property line and that is where the property line is located, however, Council can waive that today. Part of today' s ordinance moves it to the east boundary of Polk Street right-of-way. Councilor Hawkins suggested that the fence be moved over so that the drive way is maintained. City manager clarified that the request was what Staff was proposing. Motion carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 399 Item 8c ORDINANCE NO, 167-96 ORDINANCE WAIVING SECTION 4220 (I) , OF THE ZONING ORDINANCE, GOVERNING THE PLACEMENT OF A CARPORT IN THE FRONT SETBACK AREA AT 4022 FEATHERSTON AVE. ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 167-96 be passed. Motion seconded by Councilor Shine . Councilor Hawkins clarified that the Planning and Zoning Commission felt that there was all weather vehicular access to the rear of the alley, therefore, it needed to be sent to the Council for action since that the Commission does not have the authority to waive ordinances . Earl Brock, 4022 Featherston, stated that he was requesting a waiver because his wife is handicapped and this location would make it easier to build a handicap ramp and would be more practical . Councilor Daniel commented that he is in favor of this wavier because of the special disability needs . Motion carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8d ORDINANCE NO 168-96 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 IRENE LANE ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 1, ST. PAUL MISSIONARY BAPTIST CHURCH ADDITION Moved by Councilor Martin that Ordinance No. 168-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 400 Item 8e ORDINANCE NO 169-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF IRENE LANE ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 1, ST. PAUL MISSIONARY BAPTIST CHURCH ADDITION Moved by Councilor Thompson that Ordinance No. 169-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8f A proposed ordinance was presented waiving Appendix A, Subdivision Section 9 (B) (2) (a) of the Code of Ordinances with respect to placing curb and gutter on the northwest side of Seymour Highway and the west side of Arena Road adjacent to the southeast line and the east line of Lot 45, Landrum and Henderson Subdivision Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Shine . Councilor Martin asked if there was existing curb and gutter in that area. Mr. Bonnett replied that there was, and they recommend that curb and gutter be required on FM 369 at the time of development and allow Staff some flexibility in terms of working with the developer on timing. Moved by Councilor Johnston that the original ordinance be denied, but that Staff be given the latitude to work with the developer in terms of timing for curb and gutter on Kell Blvd. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None The vote on the original motion failed by the following vote . Ayes : None 401 Item 8f cont' d. Nays : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 8a ORDINANCE NO, 170-96 AN ORDINANCE WAIVING SECTIONS OF THE CODE OF ORDINANCES WITH REGARD TO VEHICLE AGE REQUIREMENTS FOR A SPECIAL SERVICE VEHICLE Moved by Councilor Daniel that Ordinance No. 171-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9a RESOLUTION NO 186-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING CHANGES IN THE ICMA CORPORATION DEFERRED COMPENSATION PLAN AND TRUST A REQUIRED BY THE INTERNAL REVENUE SERVICE WHICH GOVERNS SECTION 457 DEFERRED COMPENSATION PLANS Moved by Councilor Martin that Resolution No. 186-96 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 10a Moved by Councilor Martin that bid be awarded to City Glass and Mirror in the amount of $20, 792 . 00 for renovation of lobby doors, front desk and counter at the Police Department . Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 402 Item 10a ont' d. Nays : None Item 10b Moved by Councilor Thompson that bid be awarded to Precision Fence Company in the amount of $41, 604 . 00 for the Nature Works fence . Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lla Councilor Thompson wished the citizens, the Council, and the Staff a Merry Christmas . He advised that persons who had not taken a flu shot, do so. Councilor Hawkins wished everyone a Merry Christmas . Councilor Shine asked Mr. Jack Murphy to inform about City plans on tree planting at Rotary Park. He wished everyone a Merry Christmas and good holidays . Councilor Martin wished everyone a Merry Christmas and a safe holiday season. He mentioned to Mr. Bob Parker that the down town lights were out of sync at night . Mr. Jack Murphy provided information to the Council of where trees would be planted in Rotary Park and plans for the Park. Councilor Shine suggested that this type of information be made available to the public via the City channel . Councilor Daniel expressed appreciation for being able to serve on the Council and to work with the Staff . He said he has been encouraged by the involvement of the citizens . He wished everyone a Merry Christmas and thanked everyone for working and supporting the Council . Councilor Johnston mentioned that one of the things he saw at the National League of Cities Conference was citizen involvement and cooperation between the different government agencies . He sees us moving in that direction which will make our program successful . He wished everyone a happy holiday season, and in the spirit of giving he asked everyone to donate one pint of blood as a gift . Mayor Yeager reflected on the National League of Cities Conference and hoped that as we commence the new year that we will make some great strides to use the new technology. She suggested the City get on the World Wide Web and get a home page in order to let everyone know the positive things happening in Wichita Falls . 403 Item lla cont' d. Mayor expressed appreciation to the Council for their cooperative attitude and to the Staff for their support and spirit . Mayor mentioned that from the National League of Cities Conference came things that Council discussed at their retreat and are carrying forward now. She was reminded of the role of the Council as being a board of directors and Staff supports us doing the day to day work. We need to continually remind ourselves of that line between what our responsibilities are and the responsibilities of the staff and the employees of the City. Utmost, we need to remember what our responsibilities are to the citizens of our entire community. She mentioned that at the Conference there was cooperation between all of the entities . This cooperation is very necessary and she came back with the idea for the City Council to meet in public with the School Board and the County to discuss problems that concern each of us jointly and individually. She will invite Dr. Flack to join us in that and will do the same with the Commissioners Court as we seek unity to go forward next year. Mayor asked Mrs . Norma Crane, Public Information Officer, to come forward so the Council and those present could express their appreciation to Mrs . Crane for her fifteen years of dedicated and committed service to the City of Wichita Falls . Item llb Mr. George Bonnett gave an update on the Sanitary Sewer Evaluation Study. This is a ten year construction program which will wind up in the year 2005, and we are on target . The S .S .E. S . was divided into four phases . The first phase was a sanitary sewer cleaning program which is on a four year cycle . It is under way and we are on schedule . The second phase was a series of rehabilitation, which involved manhole rehab, pipe bursting and pipe lining and are as follows : Phase I Collection Lining is going on today on Brook Street, 5001 complete, completion date is March 23 , 1997 and it is on schedule . Phase I Collection System, which is pipe bursting is 10% complete; completion date is May 22 , 1997 . Job is going well and is on schedule . Phase I Manhole Rehabilitation is 60o complete, and is ahead of schedule . Phase III is Flow Monitoring and is now in progress and on schedule . Phase IV is six major construction projects, of which two are under contract . One is the Arizona Interceptor Line which is at Taft and Church Street and will tie into the excavation under Taft Street around Christmas and will start down Midwestern St . Contract is 15% complete and is going very well . The second job under contract is the Southwest Lift Station and Force Main and work is just starting. Mr. Bonnett stated that they anticipate updating Council periodically on S . S .E.S . Mr. Bob Parker reported on the Public Transportation System, in particular the charter business . He informed that in 1987 Congress amended the Federal Transit Act of 1964 , which 404 Item llb cont' d. prohibits the use of federal monies to compete against private providers . Since 1987 we have been required to submit, as a part of our grant application, a statement that if there is a willing and able charter provider then we will cease to provide charter services . Every year we are required to send notification to all bus companies and the major lobbying firms for those companies, which we have done . This is the first year that we have had an applicant that is willing and able and has@ met all requirements . As a result, effective January 1, 1997 the City of Wichita Falls will no longer be able to provide charter service out of federally funded monies . Charter service will be provided by Presidential Limousines of Texas . Councilor Daniel commented that citizens would not be able to rent the trolleys from the City and Mr. Parker agreed. City Manager commented that we cannot keep the trolleys under the auspices of public transportation, but he does not think they would be prohibited from having them in another area of City service . We will bring back information as to what to do with the equipment, however, if it is City sponsored events we can use them. We will work on bringing recommendations to the Council at a later date . City Manager expressed appreciation to the Council for what they had brought to the operation of the City. This has been a monumental year for the City in that we have started many things, finished some things, and looking to doing other things . We are going to have some good experiences ahead for us . He wished everyone a happy and prosperous holiday season. Item llc The City Council went into Executive Session at 10 : 03 a.m. as authorized by Section 551 . 074 of the Government Code, and reconvened at 11 : 14 a.m. The City Council adjourned at 11 : 15 a.m. PASSED AND APPROVED this _day of 1997 . U� KA RYN A. •Y AGER MAYOR ATTEST: Lydia Torres City Clerk