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Min 08/15/1995 969 Wichita Falls, Texas Memorial Auditorium Building August 15, 1995 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 - Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Angus Thompson - Absent Mayor Lam called the meeting to order. The invocation was given by Dr. Isaac Butterworth, First Presbyterian Church. Mayor Lam proclaimed August 26, 1995 as Pow Wow Day in Wichita Falls, which is a celebration of Native Americans in the North Texas area. Item 3 The Mayor and the City Clerk canvassed the returns of the August 12, 1995 Special Municipal Election. RESOLUTION NO. 136-95 RESOLUTION CANVASSING THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON AUGUST 12, 1995 ON A PROPOSED INCREASE ON MINIMUM SALARIES FOR THE FIRE FIGHTERS WHEREAS, the City Council of the City of Wichita Falls adopted Resolution No. 90-95 on June 20, 1995 calling for a Special Municipal Election to be held on August 12, 1995; and WHEREAS, at a regular meeting of the City Council of the City of Wichita Falls, held in the Memorial Auditorium Building on the 15th day of August, 1995, there came on to be considered the returns of the Special Municipal Election held on the 12th day of August, 1995; and, SECTION 1. WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects, and that 5253 voters voted in said election, and that votes were cast as follows: 970 Item 3 , cont'd. PROPOSITION: Adoption of the proposed minimum salaries of: Fire fighter A - $1873 . 14 per month; Fire fighter B - $2014. 17 per month; Fire fighter C - $2158 .73 per month; Fire fighter D - $2308. 54 per month; Fire Equipment operator - $2555 .68 per month; Lieutenant - $2786. 25 per month; Captain - $3039. 87 per month; Battalion Chief - $3318.85 per month; applicable to the City of Wichita Falls Fire Department as of September 1, 1995. FOR 3326 VOTES AGAINST 1927 VOTES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; SECTION 2. Said election was in all respects legally held in accordance with the laws of the State of Texas; that said Proposition passed. SECTION 3. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this 15th day of August, 1995. s/Mayor Attest: s/City Clerk Moved by Councilor Johnston that Resolution No. 136-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 4 Moved by Councilor Shine that the minutes of the August 1, 1995 meeting be approved. Motion seconded by Councilor Johnston carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 5a-5d Councilor Hawkins requested that Item 5b be brought down to the regular agenda for a correction. h Moved by Councilor Martin 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, Daniel, Martin, and Hawkins Nays: None 971 Item 5a-5d Minutes of the meeting of the following board and commissions were received. a. Wichita Falls Traffic Safety Commission, May 3, 1995 c. Planning and Zoning Commission, July 12, 1995 d. Wichita Falls Park Board, July 27, 1995 Item 5b Moved by Councilor Johnston that minutes of the Wichita Falls Traffic Safety Commission, June 7, 1995 meeting be received. Motion seconded by Councilor Martin. Councilor Hawkins requested that the Traffic Safety Commission minutes be corrected to reflect that Don Johnston, not Terry Loughry, is the ex-officio member to that Commission. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 6 A public hearing was held on a proposed cable franchise with Time Warner-Advance/Newhouse Partnership. City Attorney informed that this new franchise offers twentieth century service. He said that notice had been published and copies of the franchise proposal were available for public viewing in four different locations. Time Warner and City Staff are excited about the new system. He informed that three years ago City Council formed a citizen advisory board. This board met three weeks ago and they highly recommend granting this franchise. No action needs to be taken by Council today. Mayor declared the public hearing open. Bert Bucher, 4225 Seymour Rd. , General Manager of Vista Cablevision, stated that he thought it was a feather in the City' s cap and this community because Time Warner has decided to build such a system here in Wichita Falls. This City is the smallest community outside of a major metropolitan area where this type of system is being built. This says what the company feels about Wichita Falls and what they are willing to bring to the table. They are going to spend between $12-$13 million to completely upgrade and rebuild this cable system with fibre optics. We will both be better off because of it. We are going to be able to provide all types of services. Councilor Martin asked the City Attorney to explain, in reference to the first amendment, the City' s inability to control the type programs which will be shown. City Attorney explained that it is the Federal Cable Act which regulates the cable programming and prohibits municipalities or local regulators from controlling the content of cable programming. They can suggest generic programming. Mr. Bucher commented that they will have available premium services which will now be scrambled unless the owner has a terminal which will also allow someone in that household to program out channels and programs. This is one of the things which will be of significant benefit. If you do not want a program you can delete it through programming in the remote control. 972 Item 6 , cont'd. Councilor Daniel asked Mr. Bucher how the deregulation of telephone companies on a federal basis, would affect cable business. Mr. Bucher replied that they have filed to get into the phone business in Austin and are also looking at it in Houston. In the longer term they will be into the phone business and data transmission business. Councilor Daniel asked if virtually any kind of information which needs to be transferred could be transferred through these cables. Mr. Bucher responded in the affirmative. Mayor wanted to know how important the games on cable were. Mr. Bucher explained that the Sega games will just be another offer that they have which the user pays for, just like C.D.music. But, these are opportunities and the users do not need to take them unless they want them. City Attorney informed that is the type of programming that the Company is offering which is purely a business decision on their part and we have no regulation over. William C. Young, 1018 Widows Lane, asked what the bottom line was going to cost the consumer for basic cable. Mr. Bucher replied that it would depend on what the person had but right now about one dollar a month more. Councilor Hawkins asked if consumer would receive additional services as well. Mr. Bucher replied that they would and they would be looking at approximately eight to eleven channels in addition to what we already have. The 8 to 11 channel range would be taking some of the channels we now have which are shared and would go full time such as Travel, Entertainment, Country Music, etc. There will be a survey in the newspaper asking the public what they want. Also, a survey will be done of 1200 people to find out what a random sample of this community wants as far as programs and we will try to meet those needs. Mayor asked for additional comments and no one else wished to be heard. Mayor declared the public hearing closed. Item 7a ORDINANCE NO. 81-95 ORDINANCE REPEALING SEVERAL ORDINANCES RELATED TO LAKE WICHITA Moved by Councilor Johnston that Ordinance No. 81-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 7b ORDINANCE NO. 82-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, VACATING AND ABANDONING A PORTION OF A UTILITY EASEMENT ADJACENT TO BLOCK 3 , HARRISON ADDITION; AUTHORIZING THE CONVEYANCE OF THE ABANDONED EASEMENT TO THE FEE OWNER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 82-95 be passed. Motion seconded by Councilor Johnston and carried by the following vote. 973 Item 7b, cont'd. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 7c ORDINANCE NO. 83-95 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. 83-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 8a RESOLUTION NO. 137-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH NELSON AND SHERLYN MARTIN FOR ACCESS ACROSS A UTILITY EASEMENT LOCATED IN BLOCK 17, SOUTHERN HILLS SECTION, DITTOE HEIGHTS ADDITION TO THE CITY OF WICHITA FALLS IN ACCORDANCE WITH SAID ENCROACHMENT AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 137-95 be passed. Motion seconded by Councilor Johnston. Bob Martin, 4113 Belmeade Street, informed that they had obtained a permit after the 1979 tornado to rebuild their house with a rear entry garage. It was their understanding from the City at that time that once the property behind them was developed there would be a paved alley. There was a change in the process which has in effect left them without an entry to the rear of their house. Approval of this resolution would help them get to and from their house. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 8b RESOLUTION NO. 138-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AUTHORIZING THE SALE OF A PORTION OF MORROW STREET CLOSED BY ORDINANCE NO. 1630; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 138-95 be passed. 974 Item 8b, cont'd. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 8c RESOLUTION NO. 139-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR ACQUISITION OF ,a. . EASEMENTS FOR THE 30TH AND TRAVIS DRAINAGE PROJECT AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND ,, DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 139-95 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 8d RESOLUTION NO. 140-95 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE AND CITY TREASURER TO ENGAGE IN CERTAIN FINANCIAL TRANSACTIONS ON BEHALF OF THE CITY OF WICHITA FALLS, TEXAS Moved by Councilor Martin that Resolution No. 140-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 8e RESOLUTION NO. 141-95 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ADDENDUM WITH JOHN DORSEY AND ASSOCIATES TO PROVIDE ADDITIONAL TECHNICAL ASSISTANCE WITH THE PROCUREMENT AND IMPLEMENTATION OF A MANAGEMENT INFORMATION COMPUTER SYSTEM Moved by Councilor Martin that Resolution No. 141-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 8f 975 RESOLUTION NO. 142-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE HOTEL ASSOCIATES, INC. D.B.A. HOLIDAY INN 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 Moved by Councilor Martin that Resolution No. 142-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 8q - - - - - - - A proposed resolution was presented to approve the proposed budget for the Nortex 9-1-1 Communications District for the period from October 1 , 1995 through September 30, 1996. Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Daniel. Councilor Hawkins stated that he was going to vote against the resolution because of the way the program is set up. The majority of the funds for 9-1-1 come from the citizens of Wichita Falls, and the operators who answer for 9-1-1 are paid by the City proceeds, not 9-1-1 proceeds. However, we do not have a direct voice to the 9-1-1 Board. The 9-1-1 Board has representatives from three cities, and Wilbarger County, but Wichita Falls does not have anyone answerable to this Board. Councilor Shine stated that he had spoken with Gary Young, Director of 9-1-1, and he had told him there was no way that Wichita Falls could have a representative until the City's Population reached 175,000. Councilor Hawkins disagreed and said that the 9-1-1 Board had the authority to create an additional member which could come from the City of Wichita Falls; what they have is a minimum number of members. City Manager clarified that we can have representation on the board but the way it is set up each of the cities in the district eligible for participation have an equal vote as this City. There are three or four votes to select the one slot required for the municipal official and that usually gets filled up before we participate in it. Mayor stated that the City has for the last three or four years sent them this message, and they have basically ignored the largest contributor to their budget. Mr. Young is aware of our philosophy and they continue to do nothing. Motion failed by the following vote. Ayes: Councilors Shine and Martin Nays: Mayor Lam, Councilors Johnston, Daniel, and Hawkins Item 9a A proposed resolution was presented accepting the bid for an oil, gas and mineral lease on a tract of land out of Lot 4, Block 3, Clark and Plumb Subdivision, Archer County, Texas. 976 Item 9a, cont'd. Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Hawkins. Assistant City Attorney Bill Sullivan informed that he had attempted to contact David Little but was unable to and did not know if he was aware of this meeting. Moved by Councilor Hawkins to table this resolution. Motion seconded by Councilor Johnston. City Manager informed that Staff recommended non-approval. in ll irness to the Councilor Johnston said to address this aissuea bidder and it should be tabled. should be a Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Daniel, and Hawkins Nays: Councilors Shine and Martin Item 9b A proposed resolution was presented accepting the bid for an oil, gas, mineral lease on a tract of land out of R. Carson Survey No. 74 , Abstract 108, and R. Carson Survey No. 173 , Abstract 107. Moved by Councilor Daniel that proposed resolution be passed. Motion seconded by Councilor Martin. Larry Godwin, 205 Burk National Bank Building, high bidder on this lease, said he had sent a letter to Mr. Sullivan informing that he had entered into an agreement with Burns Operating Oil Company of Wichita Falls. Mr. Godwin said that one of the main problems is that his lease has been lumped in with the other lease. It is not a d the same not asking to drill was deal, Lake Kickapoo is not the primary water supply right on the side of the lake. Mr. Godwin explained that they will provide a copy of their insurance certificate. He explained the procedures they would take in order to prevent any problems. The City will have as little liability as is possible. In addition, this is definitely an asset to the City. He said to lump the other lease with this one was unfair to him. Councilor Hawkins suggested including a clause which states that any well head location will be above the high water mark area. Mr. Godwin said he did not see a problem wi rwith with that. Councilor Hawkins said he did not have any problems, the proper precautions. Councilor Martin stated that he had e ereaderyeireproposalcaution fand they probably have and will probably a rom pollution. It would be an asset to the City if we got production and if we didn' t have any pollution. However, our biggest asset is our water and I want to protect our water and even with precautions there is always that possibility out there and I could not support oil wells around our lake. City Manager said that the two leases had not been lumped together, that what was the same was the concerns for the water. Our point is that we have tried to manage the City' s assets to produce revenue. This could be a far greater liability. Companies come and go, o survival the liability to clean up vival and comes back to the that Councile goes beyond a company' s 977 Item 9b, cont'd. We don' t think the chance to make some money at the risk of millions in the way of expansion is worth the risk. Mayor commented that historically all oil wells have operated well around lakes, and this part of the country has successfully managed oil and water together in a lot of places. City Manager said that what Staff was presenting reflects a totally different regulatory environment. Staff just wanted to inform Council of their concerns. Councilor Daniel wanted to know the regulatory environment change at Lake Arrowhead between the time that drilling began there and now. City Manager said there is more of a willingness on the part of the regulators to have the attitude regardless of the expense if it is something they think needs to be done. if there is any kind of a problem with the land you are going to have to pay the price to clean it up. There was discussion as to whether the operator or mineral owner was liable for any clean up. City Attorney stated that Legal had the impression after talking with the Railroad Commission that they were not willing to take unlimited responsibility for whatever might exist on the land. Mr.Godwin said it was the Railroad Commission' s obligation to plug any problem well at no cost to the mineral owner. He said he was not talking about the City of Wichita Falls as being in the oil and gas business. City Manager said that the main problem was that it was a source of water supply and the City would have to clean it up if there was any problem. Motion failed by the following vote. Ayes: Mayor Lam, Councilors Johnston, and Hawkins Nays: Councilors Shine, Daniel, and Martin Item 9c Moved by Councilor Martin to award bid for four (4 ) buses, to Lasseter Bus Company, Inc. , in the amount of $430,152 .00 Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 9d RESOLUTION NO. 143-95 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR SPUDDER PARK RECREATIONAL COURT (CDBG PROJECT) Moved by Councilor Shine that Resolution No. 143-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None 978 Item l0a A discussion was held on a proposed franchise with Saginaw Pipeline Company. Lane Thornton, Saginaw Pipeline Company, 813 Eighth Street, Suite 714, said that he and Johnny Vinson with Arch Petroleum were here to answer any questions. City Attorney informed that this item had been previously tabled pending recommendation from Reed & Stowe & Company as to any impact granting a second franchise to a public utility pipeline carrier that would serve potential industrial customers, could have on other customer classes. Council has received that information, and procedurally the Staff needs to be instructed to follow Charter provisions as far as granting a public franchise. This would consist of publishing the full franchise, holding a public hearing and bringing it back to " Council as an action item. This is the first competitive public utility franchise that Council will be considering. With the change in various public utility law and practices you will be seeing others. City Attorney informed that he had received a request for a copy of our telephone franchise from a competing telephone company. There is going to be competition in all the public utility areas. We have prepared a proposed franchise for Saginaw in very favorable terms to the City. We have provided some franchise fees for industrial customers to whom they supply gas if they use our public right of way, which is currently not the case with Lone Star Gas Company. , Staff recommends that Council favorably consider granting this franchise. This franchise is different from Lone Star Gas in that they only pay a franchise fee on gas delivered within the City. This proposed franchise treats industrial customers the same as if they were in the City and if they have a valid non-annexation agreement, assuming that their pipeline is at some point within the City right of way before it goes out to the end delivery point of gas. With that language, Saginaw Pipeline Company' s industrial customers would not escape the franchise fee which is currently the case. Council was concerned what affect it would have on residential gas rates. City Attorney said no one could predict that, it was up to Lone Star Gas Company, and that was the issue at the last rate case. Councilor Daniel commented that if this franchise is granted it is going to have an affect on Lone Star Gas ' s revenue strength and will have a cascade affect on future rate requests from them. City Attorney stated that Saginaw was at a competitive disadvantage because of the franchise fee provision which Lone Star Gas Company does not experience. Mayor said he was concerned with big gas users like P.P.G. and Certainteed, which may be a back doorway of taxing them andM.:. making them uncompetitive in this area. This could be a potential problem. Councilor Johnston commented that the large volume users have the ability to go out and purchase their own gas and transport it through the line which is more economical and that would be their decision. Mr. Thornton stated that the competitive price nature they offer will be well below the 3% increase that you would take or receive from Lone Star Gas ' s side in the decrease in price that you would be able to obtain through competitive transport through Saginaw and Lone Star Gas Company. The rates would be cheaper and they would save more than their 3% to be able to go to either one and have that flexibility. MAyor directed Staff to prepare an ordinance for a franchise agreement to be considered by Council. 979 Item 10a, cont'd. Councilor Daniel asked if Saginaw had anticipated or been approached about dual gas feeds in case if one system goes down and in order to have service from both companies. Mr. Godwin said that they had. Item 10b Moved by Councilor Shine that a special City Council meeting be set for August 29, 1995 at 8: 30 a.m. to award bid and contract for River Bend Nature Center. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays: None Item 10c Sue Ann O'Shea, 1059 Pershing, requested that a proclamation be prepared proclaiming Saturday September 9, 1995 as Rev. J.C. Thompson Victory Day in Wichita Falls. She informed that on that day the neighborhood watch groups will meet from 9 a.m. to 5 p.m. at the YMCA located at 305 Tulsa. Mayor directed her to Mrs. Crane for the proclamation. Mrs. O'Shea also reported on the progress and success of the neighborhood clean up, and expressed appreciation for the Council suggestions. She said they will continue their efforts and requested that Council be supportive of the graffiti order which will be presented in the near future by the Clean Country Commission. William C. Young, 1018 Widow's Lane, commented that we are stupid if we continue to pay 9-1-1 without representation. Concerning the change by the last legislation on citizen enforcement of handicap parking, he asked Council to appoint someone to handle this. Mayor directed City Manager, City Attorney and Police Chief to prepare some data, pros and cons and liabilities involved, and recommendations. Kathryn Kramer, said she was against the 4% increase for City employees and asked that Council consider not increasing taxes. Sue Ann O' Shea, 1059 Pershing, said her husband is a City employee and he works hard for his money and he deserves the 40 increase. This 4% increase is already budgeted and will not have an affect on increasing taxes. Diane Escobedo, 707 Van Buren, said she has a house she is repairing at 708 Eastside Dr. and she has been given a stop work order. Mr. King explained their procedure and that they were acting under Council direction, in regards to Mrs. Escobedo. He explained that she had applied for a permit in the range of $2500. Based on the condition of the building and plans she submitted it was felt that permit would not adequately repair that building to make it habitable. Based on those figures, her permit was denied until she could provide Code with additional plans. Mayor explained the situation to Mrs. Escobedo and directed her to get with Mr. King as to what was going to be required of her. Councilor Martin commented that along with a construction plan there should be a completion date set within a certain time frame. Jim Pettyjohn, Fire & Police Museum, stated that they have the deeds to 805 and 807 Ohio Street, and they are requesting 980 Item 10c, cont'd. that the Code Enforcement liens be dropped. Mayor directed Staff to prepare an action item to that effect for consideration by Council. Item 10d Councilor Hawkins asked what the possibility would be of converting the access street to the Sheraton to a two way street in a flooding situation. Mr. Parker replied that he would discuss this with the State Highway Department. Councilor Martin said that he had received complaints on the structure on Cape Cod. Mr. King reported that minimal work had been done on that structure. He sent a notice to the property owner to appear at the last Council meeting and today he received the letter back which was refused by the property owner. Councilor Martin said that he felt it was time to move on with it. He said it was a safety hazard and a nuisance. Mr. King informed that the owner still has a permit which was secured in February and is good for one year. Councilor Martin said that the owner had told Council he would have it in the dry in thirty days. Mr. Clark referred to the memo listing the various projects and recommendations by Staff. Mayor commented that in the memo Staff was suggesting demolition, and the question is if it can be done legally. Mr. Clark commented that Council had changed the demolition ordinance, but the projects in the memo fall under the old ordinance. A building permit is good for six months and owners come in and do a small amount of work which establishes a continuation and gives them another six months. This slow progress becomes a problem, and maybe an additional amendment is required to accommodate that. Mayor asked for the City Attorney' s opinion. City Attorney said he did not know the particular background and history of that structure to give an opinion of whether or not it is right for demolition. He stated that we first need to consider if he has a vested property right in that building permit and secondly, how much progress is progress to keep that permit alive. Mayor instructed Staff to bring these back for action and that Legal prepare an opinion regarding where we stand legally with the liability. Councilor Shine suggested that there should be some system within Risk Management to project the levels of flooding to the best of our ability and to inform the citizens. He asked that monitoring systems be checked to see if the City has access to that. City Manager said he would look into it. Citizen asked if the public does not like what the Council does, can they ask for an election. Mayor stated that anyone who wants can petition the City to call for an election on anything. City Council recessed at 10: 30 a.m. and reconvened at 10: 55 a.m. for budget overview. City Council recessed at 4: 30 p.m. until August 17, 1995. August 17, 1995 On August 17 at 10:00 a.m. a public hearing was held on the proposed City budget. 981 All members of the City Council were present. Mayor explained the purpose of the meeting and declared the public hearing open. Herb Taber, Community Action Corporation, expressed appreciation to the City of Wichita Falls for its efforts and support to the C.A.C. Neighborhood Action Group. He said that this year they were requesting $12,100, which is a slight increase. The past year the expenses have exceeded the amount of funding for several of the groups. These neighborhood action groups have worked very energetically on behalf of their constituencies and have sought to work cooperatively with the City Council. We appreciate your continued support. During the operation for more than a decade, there have been very few complaints regarding this program. I think everyone is happy with this one. Councilor Hawkins asked Mr. Dockery to give a briefing on what is being funded under the outside agency for the Community Action Groups. Mr. Dockery informed that there are four activities which have been budgeted in the past for the Neighborhood Groups, which are the building insurance, building and grounds maintenance, security (if any is needed for the buildings, and utilities. Councilor Hawkins inquired about maintenance and upkeep. Mr. Taber informed that it becomes their responsibility. He said that it was a good partnership in that the groups are using facilities owned by the City and the residents maintain the buildings themselves. It makes for a significant improvement in the quality of the lives of those neighborhoods and their families. Mayor asked for additional input or comment and on one else wished to be heard. Mayor declared the public hearing closed. Mayor stated that this concluded the review of budgetary items. City Manager informed that this preliminary budget was balanced and even though the tax rate was decreased, it decreased the actual rate but generated an increase in tax revenues of 2. 99% and we set it at that amount purposely not to go over the 30. If the rate goes over 3% a notice would have to be published stating that Council is contemplating raising the tax rate. He said the current rate would increase revenues more than 3% even if you stayed at the existing rate a public notice would have to be published. This was considered and we targeted this budget to 2. 99% in order not to cross that threshold. If this budget is adopted for the dollars as presented, there is no problem. However, to preserve your option we have to deal with the results of Saturday' s election. In essence, when you fund the results of that election and you leave the preliminary budget figures as they are, you will be $300,000 short. If you keep the budget as submitted in terms of dollars and you pay the rate which the voters approved Saturday, taking the 4% raise for City employees and using part, the fire rate is somewhere between 10 o and 12 o depending on positions. Using that 4 0 of what the voters approved Saturday, but not in addition to, then you are a little less than $300,000 short of funds. Those funds can be obtained by cutting services or provisions of this preliminary budget, or raise the tax rate which would go over that 30. City Manager suggested publishing notice in order to preserve that option. The School District is using that technique by going through the publication process. If you decide to fund the action of the vote Saturday by raising the tax rate we need to publish notice. Mayor Lam said that in order to keep that option we need to begin the publication process. 982 Mr. Dockery explained that the procedure for publication consisted of a motion, order and vote that the Council intends to keep the option open to go beyond the 30. This action becomes an actual record, and a public hearing is scheduled for publication. He suggested the public hearing be held on August 29 since Council is already scheduled for a special meeting on that date. The actual vote on the tax rate would be on September 5. In order to comply with the 3% requirement, there will be one more preliminary hearing and two publications. MOTION AND ORDER OF THE CITY COUNCIL' S INTENT TO RAISE THE TAX RATE BEYOND 3% ABOVE THE EFFECTIVE TAX RATE Moved by Councilor Hawkins that this motion 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 The City Council recessed to reconvene at 9: 00 a.m. on Friday, August 18, 1995 . The City Council reconvened at 9: 00 a.m. on Friday August 18, 1995 to continue budget discussions. The City Council adjourned at 11: 32 a.m. on Friday, August 18, 1995. PASSED AND APPROVED this _ day,of :Y� 4 TA, 1 i i Michael Lam, ayor ATTEST: Ly a Torres Cit Clerk