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Min 07/15/1997 600 Wichita Falls, Texas Memorial Auditorium Building July 15 , 1997 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 Ronald Gonzales - Assistant City Clerk Mayor Yeager called the meeting to order. Invocation was given by Reverend J. Michael Miller, Wesley United Methodist Church. Item Hank Grieb, 4724 Tammy Dr. , Executive Director for Christmas in April, informed the Council that Christmas in April is celebrating its 25th anniversary. In 14 years they have repaired over 1, 000 houses and are celebrating that fact . Mr. Grieb invited Council to participate in this celebration by helping repair what they deemed as their 1, 000th house at 323 Tulsa St . on July 26th starting at 8 : 00 a.m. Mr. Gene Buchanan, 106 N. Oriole, addressed the Council regarding a problem he was having with a house on 1013 Wood Street . He was concerned that Code Enforcement was not providing the necessary notices to property owners before issuing a mowing citation. He felt he had been issued excessive citations . Mayor Yeager informed Mr. Buchanan that he had exceeded his 5 minute time limit to address the Council and it was necessary for the Council to recess at this time to go to Federal Court . She informed Mr. Buchanan that he would be allowed additional time, if he desired, upon the Council reconvening. 601 Item 4 City Council recessed at 8 :45 a.m. to go to U. S . District Court, Eastern District of Texas, to attend sanction hearing on Walter Bensch vs . City of Wichita Falls, Texas, et . al . , as authorized by Section 551 . 071 of the Texas Government Code . Item 5 City Council reconvened at 10 : 55 a.m. Mayor called on Gene Buchanan and asked him to confine his remarks to a 3-minute time limit . Mr. Buchanan stated that his house at 1013 Wood Street was misrepresented in the Courts by Code Enforcement . Mr. Buchanan provided a video tape to show that the house was not in the shape stated by Code Enforcement personnel . He felt that once the Council had reviewed the video they would see that there was a gross injustice to him. Mayor Yeager commented that this case is in Municipal Court of the City of Wichita Falls and is now under appeal and as far as the Council is concerned, they will have no comment on this . Item 6 Minutes were approved as distributed. Items 7a-10 Councilor Martin requested that Item 8b be pulled down to the Regular Agenda and Councilor Hawkins requested that Item 8c be pulled down to the Regular Agenda. Moved by Councilor Thompson that the consent agenda be approved with the exception of Items 8b and 8c . 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 7a RESOLUTION NO 100- 7 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM OF CORLETT, PROBST AND BOYD, INC. FOR 1997/98 NORTHSIDE AND RIVER ROAD WASTEWATER TREATMENT PLANTS IMPROVEMENT PROJECT Item 7b RESOLUTION NO 101- 7 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH BIGGS & MATHEWS, INC. FOR PRELIMINARY STUDY ON INFORMATION COLLECTION RULE COMPLIANCE PROJECT 602 Item 7c RESOLUTION NO, 102-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; WAIVING THE DUE DATE OF THE ANNUAL CORPORATE BUDGET OF THE 4A AND 4B SALES TAX CORPORATIONS UNTIL DECEMBER 15, 1997 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7d RESOLUTION N0, 103-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES QUALIFYING FOR VARIOUS U. S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 8a Bid was awarded to Douglas Floor Company in the amount of $29, 879 . 00 for installation of carpet in Memorial Auditorium concert hall . Item 8d Bid was awarded to Commercial & Industrial Electronics, Inc . in the amount of $32 , 098 . 00 for the installation of the Wichita Falls Public Library security system. Item 9a RESOLUTION NO, 105-97 RESOLUTION TO ACCEPT THE JASPER STREET WATER AND PLANT FILTER BUILDING STRUCTURAL PROJECT AND AUTHORIZE FINAL PAYMENT TO GIBSON AND ASSOCIATES, INC. Items 10a-10e Minutes of the meetings of the following boards and commissions were received. a. Civil Service Commission, June 30, 1997 b. Wichita Falls Park Board, June 26, 1997 c . Board of Electrical Examiners, June 12, 1997 d. Planning and Zoning Commission, June 11, 1997 e . Planning and Zoning Commission, May 14 , 1997 603 Item 8b RESOLUTION NO 104- 7 A RESOLUTION TO AWARD BIDS FOR STRUCTURES TO BE DEMOLISHED AS ORDERED AT THE JUNE 3 , 1997 PUBLIC HEARING. 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 the Resolution No. 104-97 be passed. . Motion seconded by Councilor Johnston. Councilor Martin stated that it appears each of these items were bid individually and asked if it might not be better to have the bids done in blocks . Mr. Clark informed that they found that bidding them individually has obtained better bids over time and it gives the opportunity to the lowest bidder. Here we have three different bidders that we would be awarding contracts . The awarding of individual bids has proved to be beneficial in that the City not only obtains the lowest price, but with additional people on the job you get improved service to ensure the job is done in a timely manner. This has been done this way over the years . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, MW Daniel, Martin, and Hawkins Nays : None Item 8c Moved by Councilor Hawkins that bid be awarded to Otto Industries Inc . in the amount of $186, 400 . 00 for the purchase of roll-out refuse carts . Motion seconded by Councilor Johnston. Councilor Hawkins asked why two different sizes of refuse carts were being purchased as he recalled discussion of only the 90 gallon. Mr. Bonnett stated that both the 60 and 90 gallon carts were discussed. The 60 gallon gives customers smaller containers to facilitate the customers request for storage purposes . Councilor Hawkins asked if this was going to affect ° the collection rate cost . Mr. Bonnett said that in the future we may want to look at a volume based collection rate, but we should get the system up and running, and experience under our belt before we come back to Council on that . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 604 Item 8c cont ' d. Nays : None Item lla A public hearing was held on the proposed use of Community Development Block Grant (CDBG) and Home Program funds under the Consolidated Plan. Mayor Yeager declared the public hearing open and allowed for public comment . Mr. Clark commented that we are anticipating receiving $1, 900, 000 from CDBG funding and also $492 , 000 from the Home Program. In the development of the budget and the processing for CDBG funds there are two public hearings; this is the second hearing. The subcommittee has met with the applicants and a change has been proposed to the original budget that was recommended. Added to the program is BEC Enterprises in the amount of $214 , 000 for an addition to a building facility they are utilizing. They have the ability to raise $90, 000 and we recommend that the budget be amended to include $123 , 780 for that project . That funding would come from the elimination of a project that was developed for the paving of 3rd Street in the amount of $110 , 000 . Also, the Rental Rehab Project would be reduced by $10, 000 and the housing development initiative would be reduced by $3 , 000 . These three public initiative projects would be reduced to facilitate the BEC Enterprises program. Mr. Chris Bybee, 4516 Barnett Road, a representative for BEC Enterprises, stated that they have the matching funds for the program. He informed that BEC works with the mentally handicapped and provides jobs for them. Our facility provides a basis for training for these people so they can get jobs and be part of the community. Our sister programs work with supported housing to help these people become independent . This project will generate a minimum of 15 new jobs for the mentally handicapped, but it will help BEC profit wise to do better on an operational standpoint . The biggest constraints we have now is space . These grant monies would help create a fixed benefit, in addition to help BEC develop economically. Councilor Hawkins stated that this will reduce the amount of landfill space that ' s being taken up by the re-use of this equipment and some of the by products of Certainteed and other manufacturers in the area. Mr. Bybee added that they do a great deal of recycling and save landfill costs for a lot of organizations . Buella Bateman, 914 Jerrell St . , President, Booker T. Washington Alumni Association stated that they had received a letter of recommendation but found out that they were not on the list for a CDBG bond again. They asked for $99, 000, but would be appreciative for whatever the City could give . They have a lot of programs that would benefit from the money. Mayor allowed for additional comments . There being no one else who wished to be heard, Mayor declared the Public Hearing closed. 605 Item 12a ORDINANCE NO 67- 7 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 KOVARIK ROAD ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 35, MESA IRRIGATED FARMS Moved by Councilor Martin that Ordinance No. 67-97 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 12b ORDINANCE NO 68-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO POW PLACING CURB AND GUTTER ON THE EAST SIDE OF HAMMON ROAD ADJACENT TO THE WEST LINE OF LOT 2-A, TRACT 2 , UNIT 1, EXPRESSWAY EAST INDUSTRIAL DISTRICT Moved by Councilor Thompson that Ordinance No. 68-97 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 12c A proposed ordinance was presented waiving the paving of all interior streets requirement of Appendix A, Subdivision Section 9 (B) (2) (a) of the Code of Ordinances with respect to the north side of Midwestern Parkway adjacent to the south line of Lots 8-A and 8-B, County Farm Addition. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Shine . 606 Item 12c cont ' d. Mayor stated that this is the east extension of Midwestern Parkway and that Staff has recommended disapproval of this waiver. Councilor Daniel asked that Staff make a presentation as to why they feel the land owner should pay for this street . City Manager stated that this fits in with the Thoroughfare Plan requirements that the City has adopted in the past . This was determined to be an interior street because of the thoroughfare requirements . Mr. Bonnett informed that the Thoroughfare Plan calls for a median in the center and two 24-foot lanes and if we follow the Thoroughfare Plan, the developer on the north side would be required to add their section as the developer on the south side did. Mr. Clark stated that the Thoroughfare Plan is how the development of a community is accomplished. When the Clinic was built they built the southern side of this roadway to accomplish access to their facility. However, it was also built in accordance with the Thoroughfare Plan with those two lanes to eventually become the southern two of the ultimate plan. There is a logic to the Plan to look out for the long term development of the community. The development process is utilized to establish the right-of-way and construction, and this is consistent with how the City does business . Councilor Daniel asked if the landowner is required to pay for improvements by ordinance . Mr. Bonnett replied that under the current Ordinance the developer is required to pay for the improvement of interior streets . One-hundred percent of this street ' s construction would be inside of the existing property line and for that reason we believe that to be an interior street . Councilor Daniel asked who would pay for that development if Maplewood is extended to Lawrence Road and to McNiel? Mr. Bonnett replied that the developer would be required to pay for the first 48 feet of roadway. If there is any addition, the City is required to pay for the difference . Councilor Shine commented that if the City wanted the road extended, the City would have to pay for it but you are saying that there was no road there when the Clinic was built so they had to build a road. Mr. Bonnett stated that the developer to the south installed the full 36 feet of roadway. Councilor Shine stated that if the waiver is approved then the property owner can dedicate the easement for the roadway. Mr. Bonnett said that the Council could require that . He explained that the proposed ordinance is a waiver of the construction requirement, and does not address right-of-way dedication. That is Council ' s decision. It seems to me that you' re making a call whether or not you wish to see that street extended as a median boulevard, and if you choose not to do that or require the developer to do that, it ' s your decision. If you choose to accept that cost at a future date, you may direct us to get the right-of-way and not require the street . 607 Item 12c cont ' d. Councilor Shine was concerned because the City paid for the Maplewood extension and yet we have another development going in and the developer is required to put the interior streets in at their cost . Mr. Clark clarified that when you speak of Maplewood or Keith Street there is a plat that ' s been developed for the area behind the existing WalMart, and in that area the street that would be put through there at this time would be at the cost of the developer with the dedication of the right-of- way taking place . Councilor Johnston asked if the Thoroughfare Plan shows any upgrade of Hammon Road. Mr. Clark stated that the Thoroughfare Plan does address Hammon Road. The Plan looks at the entire City and surrounds of the City roadways to consider improvements and classifies different roadways as to their future potential . When that ' s done the dedication or classification of the roadway dictates the scale of right-of-way which would be requested when development occurs . For example, Hammon Road is designated on the Plan and there is a right-of-way and street cross section that is indicated in the future . Councilor Martin stated that if we require this street to be put in, there will be a median put in at 120 feet; that would divide that road to the Clinic coming back out . Why are we requesting the median of just 120 feet? Mr. Clark said that the Thoroughfare Plan shows a cross section for major arterials, minor arterials, and freeways that designates the nature of the street service area and how it would be eventually designed and the median would provide the means for left turn movements . Councilor Hawkins said he could see the City requiring the land be donated. He thinks it should be required that the land be set aside if the road is ever built . Councilor Thompson wanted to know if the Thoroughfare Plan would be changed when there is a development occurring, or that the City will assume the cost of extending those exterior streets . We have to consider what is best for the City. If the Plan has been in effect and been implemented throughout the City, what are we going to do if someone says that the City is being unfair to them. Mr. Clark stated that when you consider the construction of Midwestern Parkway out to Hammon Road, similarly on the southern end, there ' s another roadway proposed which is essentially an extension of Southwest Parkway, it becomes a factor in the eventual development of the southeast quadrant of the City. Development pressures may not be there at the moment, but I think it ' s prudent to look ahead in the long run. If you build a short piece of roadway it does lead to the longer extension being designed as it ' s been planned. If you y provide a waiver and choose to do less than that, the eventual cost of that road construction becomes a cost to the general tax payer as opposed to the pending development . Councilor Martin said that if we waive this we will have to waive it for the other eventual contractors and then it will become a cost to the City. Councilor Johnston asked who would be required to put in the landscaping and any other improvement plus interconnection 608 Item 12c cont ' d. between the two roads wherever the boulevard reconnects . Mr. Bonnett replied that the developer is responsible for the cut outs for the paved surfaces . The City would be responsible for the landscaping. Councilor Daniel asked for an instance where a street was considered an exterior street and the City paid. Mr. Bonnett stated that Barnett Road and Callfield Road were examples . Councilor Daniel asked what the differences were between these two roads and this waiver. Mr. Bonnett said that the street addition is already on a public right-of-way in the cases of Barnett and Callfield Roads, and that truly is a boundary street . The street addition here is on private property prior to development . In the other cases, the street additions were on public property. Councilor Hawkins said that the development is actually on Lot 8-A and if we do not waive this, are we requiring them to build all the way to end of their property? Mr. Bonnett replied that the requirement would be only on what is platted, which is Lot 8-A. Councilor Hawkins said if Lot 8-B never gets developed we will have a street that starts and stops . Mr. Bonnett said Council could ask for a dedication or you may wish to wait . The issue is if Council wants to follow the Thoroughfare Plan. Mr. Clark stated that there is a longer term development potential for Midwestern Parkway to be extended on. If you feel that building a small piece is out of character, then you do have the option of waiving that and assuming that cost at a later time should the entire roadway be put in, but you lose your option when you waive that . Mr. Doug Burns, President of Bluffs Development Corporation, Farm Road 1954 , Route 2 , Box 73 , addressed Council and introduced Mr. David Tate and Mr. Howard Morris representing his company as a seller and Mr. Glen Tow and Mr. Michael McDonald representing the Production Credit Association who are potential buyers of Lot 8-A. He stated that the sale of this tract of land is contingent on PCA being able to obtain plat approval for construction of this new facility. Mr. Burns provided information on their procedure to arrive at this point . He explained that after the plat was approved and the contract was amended, they were requested by the City to put in a street, a median, and one additional curb and gutter. Council had a concern with the ordinance requesting the waiver for Lots 8-A and 8-B when only Lot 8-A was platted. It was stated that Lot 8-B needed to be struck from the ordinance in this case . Councilor Hawkins recommended that Council request that the right of way from the Henry Grace Freeway be dedicated if the waiver is granted. Moved by Councilor Hawkins that proposed ordinance be amended to reflect the paving of Lot 8-A only. Motion seconded by Councilor Thompson. Councilor Daniel asked Mr. Bonnett for background on how the decision was made on whether this was an interior or 609 Item 12c cont 'd. exterior street . Mr. Bonnett stated that from their point of view the street is an interior street and not a public right-of- way. Councilor Daniel stated that at one point the property owner was granted preliminary plat approval with the idea that this was not an interior street, is that correct? Mr. Bonnett did not believe that to be accurate and stated that Staff has always had to follow the Thoroughfare Plan, barring Council direction. Mr. David Tate, 2309 Brookhollow, stated he was there on *` behalf of Mr. Doug Burns and he wanted to focus on whether the developer should bear the cost of paving this interior street, and whether or not it is an "interior" street . The ordinance doesn' t define interior street and you ' re left with your own common sense to define it . We are not talking about an interior street versus an exterior street, but an interior street versus a boundary street . The ordinance uses the term "boundary" street not interior street . The street does not run through the interior of this property it runs along the side of the property. He noted that Preston' s was not required to pave any of Keith Street, and the Thoroughfare Plan shows Keith Street to be a four lane street with median or left turn lane street . Preston wasn' t required to pave his part of Keith Street and in fact they had property on both sides of Keith Street . If that wasn' t an interior street for Preston' s, it couldn' t be an interior street for us . Mayor requested that City Attorney provide the proper wording to amend the proposed ordinance to reflect that the right-of-way be dedicated adjacent to both Lots 8-A and 8-B for future construction of the roadway. Councilor Hawkins withdrew his amendment to the motion and Councilor Thompson withdrew his second. Moved by Councilor Hawkins that proposed ordinance be amended to reflect that the right-of-way be dedicated adjacent to both Lots 8-A and 8-B for future construction of the roadway. Motion seconded by Councilor Thompson. For clarification, City Attorney was asked to restate the amendment . City Attorney stated that it amends the proposed ordinance to delete from consideration the waiving and paving requirement for Lot 8-A but includes a requirement that the necessary right-of-way adjacent to Lots 8-A and 8-B be dedicated by the developer. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Original motion failed by the following vote . Ayes : Councilors Shine, Daniel, and Hawkins Nays : Mayor Yeager, Councilors Johnston, Thompson, and Martin 610 Item 13a RESOLUTION NO. 106-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ACCEPTING THE PROPOSAL FROM SOUTHWESTERN BELL FOR THE INSTALLATION OF A NEW COMPUTER NETWORK IN THE POLICE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SOUTHWESTERN BELL FOR THE WIRING, CONNECTIVITY, AND INSTALLATION OF THE NEW COMPUTER NETWORK; AND, AUTHORIZING THE EXPENDITURE OF SEIZED FUNDS TO PAY A PORTION OF THE CONTRACT COST Councilor Hawkins left Council Chambers at this time . Moved by Councilor Martin that Resolution No. 106-97 be passed. Motion seconded by Councilor Daniel Mr. Jerry Simpson explained that since the cost estimate came to $256 , 331 . 58 and there was $203 , 512 . 00 available, we determined that there were sufficient monies in the seized funds account to cover this expenditure, and we recommend that the seized funds be used. Councilor Hawkins returned to Council Chambers . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13b RESOLUTION NO 107-97 RESOLUTION APPROVING AND ADOPTING THE PROPOSED USE OF FUNDS UNDER THE CONSOLIDATED PLAN FOR THE PERIOD OCTOBER 1, 1997 TO SEPTEMBER 30, 1998 , 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. 107-97 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 611 Item 14a Discussion of waivers on curb and gutter requirements of Appendix A, Subdivision 9 (B) (2) (a) of the Code of Ordinances was held. 1) Lot 1, Block 1, Fell Lane Addition. Bill Parker stated that Staff has visited the site and it is not feasible to put in curb and gutter. Councilor Martin left Council Chambers at this time . 2) Old Iowa Park Road. Mr. Parker stated that curb and gutter is not feasible at this location. Item 15 Council discussed a proposed ordinance amending Appendix A, Subdivisions, Section 9 (B) (2) requiring boundary streets to be improved as part of the platting process . Councilor Martin returned to Council Chambers . Councilor Daniel reported that the Planning and Zoning Commission discussed this last week and is still in the process of reviewing this proposed ordinance and will meet tomorrow to continue the discussion. He stated that it might be premature to discuss this without input from the Planning and Zoning Commission. Moved by Councilor Daniel that this item be tabled. 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 15b Councilor Martin stated that on July 21, 1997 Early Voting will be held at the Courthouse for Statewide voting in August on the Constitutional amendment for increasing homeowners exemption. Mayor Yeager mentioned that the City Employees Retirement Banquet was held on Friday honoring City retirees . She also stated that she and Councilor Thompson were privileged to attend the opening of the Booker T. Washington Alumni Reunion. She commended them for their interest, commitment, and dedication. 612 Item 15c City Manager informed Council that the Tree City USA flag and plaque will be presented by a Texas Forest Service representative to the City, July 22 , 1997 at 9 : 00 a.m. and invited Council and the public to attend. Councilor Thompson commended those who were involved with arranging the City tour last week; it was very beneficial and informative . Mayor Yeager concurred and stated that Council appreciated all the effort that went into the organization and planning. Item 15d The City Council went into Executive Session at 12 : 50 p.m. as authorized by Section 551 . 074 of the Government Code, and reconvened at 1 : 30 p.m. Mayor stated that no action was taken during Executive Session. The City Council adjourned at 1 : 30 p.m. PASSED AND APPROVED this day of 1997 . KAT RYN A. EAGE MAYO ATTEST: Lydia Torres City Clerk