Loading...
Min 04/19/1994 537 Wichita Falls,Texas Memorial Auditorium Building April 19, 1994 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 Leon Mallonee - Councilors Terrance E. Loughry - Angus Thompson - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Paul Hughes - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. Angus Thompson. Mayor proclaimed April 21, 1994 as "Special Olympics Day" in Wichita Falls, and the week of April 17-23 , 1994 as "Week of the Young Child" in Wichita Falls. Sunny Davidson presented the children from the Eden Hills Baptist Church Child Care Center, who sang a love one another song. Item 3a Fred Werner, Finance Director, presented Vernal Huffines and Gary Sims from Mathis West Huffines & Company. Mr. Huffines highlighted some points in the City' s Annual Audit. He pointed out that the City' s assets were up by 1. 8 million dollars and a big part of that was the land acquisition for MPEC. He said there were other large receivables from governmental and state grants. Liabilities decreased from 84. 7 million to 83 . 1 million, which is primarily the bond payment on our debt service. Expenditures were $1, 170,000 less than budget, which came under budget by almost 1 . 2 million dollars. Mr. Huffines commended the staff for their fiscal conservatism in accomplishing this. Revenues are up by $750, 000 on sales tax, and by $370, 000 on franchise tax and by $100,000 on ad valorem tax. He pointed out that ad valorem taxes did not go up on tax rate. Percentage of the overall General Fund revenues has declined; about four years ago ad valorem taxes were 47% of our total General Fund revenues and they are only 43% now, which reflects a drop as a part of our overall revenues. Mr. Huffines explained the Excess of Revenue over or under expenditures. $7,542 is the amount actually operating the City which we spent more than we took in, before operating transfers. Operating transfers had a net transfer of $1 , 083 ,000 which gave us a decrease in General Fund balance by excess of expenditures over revenue of $1,160, 000. General Fund balance was decreased by 1.1 million and most of that was transfers to MPEC for the 9 million dollar obligation which has been completed. We had a 4 million dollar bond issued in the previous year and this year $4,788, 000 was transferred out of General Fund and Enterprise 538 Item 3a, cont'd. Funds into MPEC to complete the additional 5 million that was promised, and that obligation has also been completed. The Enterprise Fund makes up about 980 of the Water and Sewer Fund. There was an increase in the operating revenues due primarily to increase in sanitation rates. The increase in the City' s operating expenses was also due to their compliance to EPA regulations. He mentioned the Operating Transfers Out and stated that we had income of $1, 962,000 in the Enterprise Fund before operating transfers. Then we had the transfers which were mentioned earlier which gave us a slight decrease in fund balance this year by this net loss. He addressed one of the graphs in the Audit Report which indicate that revenues are taking a pretty good jump and that is basically a good indication of where we are. The City is in good health not only because of the leadership of the Council but also of the staff and department heads who have gone out of their way to make certain the City stays fiscally responsible. Mr. Huffines offered their services to the Council to explain in detail anything they may be interested in. Mayor Lam expressed City' s appreciation to Mr. Huffines and Mr. Sims for their hard work. Item 4 Moved by Councilor Thompson that the minutes of April 5, 1994 meeting be approved. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 5 Moved by Councilor Martin that the consent agenda be approved with the amendment to Item 5a that City Box 9 Alternate Judge be replaced with Wrethia L. Cook for the May 7, 1994 General Election. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 5a RESOLUTION NO. 51-94 RESOLUTION AMENDING RESOLUTION NO. 33-94 PERTAINING TO EXHIBIT A, APPOINTMENT OF JUDGES AND ALTERNATES FOR THE CITY ELECTION TO BE HELD MAY 7, 1994 Item 6a RESOLUTION NO. 52-94 RESOLUTION TO AWARD BID TO BADGER METER COMPANY, KENT METERS, INC. AND SCHLUMBERGER INDUSTRIES FOR ANNUAL SUPPLY OF WATER METERS 539 Item 7a RESOLUTION NO. 53-94 RESOLUTION TO ACCEPT PROJECT TO RENOVATE SEWAGE LIFT STATION NO. 15 AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Item 8a Minutes of the meetings of the following boards and commissions were received. a. Mayors Commission on The Status of Women, March 3 , 1994 b. Wichita Falls Traffic Safety Commission, March 2, 1994 Mayor asked that the order of the Regular Agenda be revised to allow Items 90 and lla to be discussed as the first two items on the Regular Agenda. Item 90 ORDINANCE NO. 50-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 3600 OF THE ZONING ORDINANCE, ENTITLED "PERMITTED USES" IN A HEAVY INDUSTRIAL DISTRICT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 50-94 be passed. Motion seconded by Councilor Mallonee. Councilor Hawkins said that he had talked with members of the Planning and Zoning Commission and they have a problem with changing the Ordinance to allow these centers in any portion of our heavy industrial district without the citizens having the right to have input. He commented that this was being passed in a hasty manner. He said that the citizens that met with the County had problems with the changing of our zoning which would allow a prison facility in the middle of heavy industrial. Councilor Hawkins agreed that heavy industrial would be the place to put the facility, but it bothered him that it was being passed through with such haste so that hereafter never again would the citizens have input to it. He believed that a measure should be passed today to allow this one time, but he hesitates to change Sec. 3600 of the Zoning Ordinance permanently. Councilor Loughry asked if the current Zoning Ordinance defines Community Residential Center as providing care of individuals legally confined, then why are we changing. City Attorney stated that under the current Heavy Industrial Zoning Classification under Permitted Uses, a Community Residential Center is not one of those permitted uses. They are allowed in other zoning districts by additional use permit. The Ordinance being considered this morning would add a Community Residential Center, as is defined in the Zoning Ordinance, as a permitted use in this particular district. He informed that the reason notice was not given to adjacent property owners was that this is not a zone change. It is a change in the Permitted Uses authorized in a heavy industrial district. City Attorney added that if Council feels like review by the Planning and Zoning Commission might be appropriate at some future time, they can pass this Ordinance with instructions to send it back to the Planning and Zoning Commission for study and 540 Item 9o, cont'd. review and a recommendation at a later time as to whether or not this Ordinance at some point and time ought to be repealed. If it is later repealed the County' s property would be grandfathered and you would not have a situation with these sort of uses being a matter of right in the heavy industrial zone. Councilor Hawkins asked County Judge Nick Gipson when the County or study group became aware that these funds were available. County Judge replied that it had been within the last two weeks. Councilor Hawkins said that he had been informed it was last Wednesday. County Judge informed that the money was authorized by the State within the last two weeks but the County did not start to look into it until a week ago Friday. Moved by Councilor Hawkins to amend Ordinance No. 50-94 to allow the Planning and Zoning Commission to look into this and bring back a recommendation to the Council on whether to continue this as a permitted use or to make it a conditional use. Motion seconded by Councilor Loughry and failed by the following vote. Ayes: Councilors Loughry and Hawkins Nays: Mayor Lam, Councilors Mallonee, Thompson, and Martin Councilor Thompson called for the question on the original motion to pass Ordinance No. 50-94. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, and Martin Nays: Councilors Loughry and Hawkins Item lla Mayor Lam summarized information on the Lake Kickapoo leases up to the present. He informed that a committee was appointed over a year ago to look at this lease and they have brought back a recommendation. Today the Council has a couple of views from both the Committee and the Staff as to what the future lease at Lake Kickapoo needs to be. Mayor opened the discussion on the Second Generation Lease at Lake Kickapoo. It was the consensus of the Council to address the four points mentioned in the City Attorney' s memo of April 8, 1994 as a starting point. Mayor asked the Committee members and City Staff for any additional input or comments. Mr. Thacker said that they did not have any additional input but would answer any questions. City Attorney, on behalf of the Staff, stated that there were r two differences that needed to be acted on by Council, one was the term of the lease and the second was the rental rate. He added that the Staff had a problem with any language which would commit revenues from the lease lots being devoted for services to the leased lot because of implied covenants at Lake Arrowhead where the City got stuck with maintaining the roads. This would be an expressed covenant which would commit the City for 25 or 50 years in the future of putting all revenues back in the Lake and Staff thinks it is a bad idea. Mayor Lam explained that the Committee recommended a 25 year term with an automatic 25 year extension. Mayor asked for the Council ' s opinion on this term. Councilors Mallonee, Loughry, and Martin did not have a problem with it. Councilor 541 Item lla, cont'd. Thompson would prefer something less than 50 years. Councilor Hawkins stated that if a 20/10 term with common termination date was offered this would give residents only one week to finance any improvements on their lots. He said that the key issue was the common termination date but that his main concern was the ability for the residents to secure money through the secondary money markets. Councilor Thompson said that for the sake of moving on he would be in favor of the 50 year term. Mayor Lam stated that based on the simple majority that they seek to approve the length of the term at 25 years with an automatic 25 year extension. The rates were discussed next. Mr. Thacker said that the Committee recommended an annual rate of $385 which would be enough to maintain the roads in their approximate same condition and to put aside a reasonable amount for administration. He said notices would be mailed only if payment is missed and they would have to pay an additional $100 penalty and if this was missed there would be a reinstatement period of one year ' s rental. Mr. Thacker stated that the starting date would be September 30 for all leases in order to have a common rental date instead of staggered dates. They also included a percentage increase of 30% of the past five ( 5 ) years, which means that on $100 it would go up to $130 - an additional $30. The Committee put an additional limitation of the cost of living for the five year period. Baxter Featherston, 4212 Piccasso, representing Board of Realtors informed that if this was going to be a lender friendly lease they were going to have to send notices because the lenders are going to escrow the lease payments and they will not make the escrow payment to the City unless they have a bill. Councilor Hawkins suggested that the rate be set at $400 in order to cover the cost for sending notices. City Manager mentioned that the argument in the past with sending notices was a legal problem. It became an area that people could dispute or contest whether they got the notice or not and that is why Council got out of sending notices originally. Councilor Hawkins suggested setting a policy that thirty days before rent is due that a notice or bill be sent out, and thirty days after it was due and not paid send out a registered letter certified mail and demand letter. If payment is still not received they would lose their lease. He said he would also like to see a deposit put up to secure that lease so the citizens of Wichita Falls did not have to pay for the clean up of the lot that went back to the City. He suggested a $500 deposit. There was additional discussion regarding notices and then they resumed the discussion on terms. Mayor asked Council if they had a problem with the $385 and all were agreeable to that figure. Councilor Mallonee said that they needed to discuss if they were going to use the consumer index or lock it in at 30% for the five year period. Councilor Thompson suggested that they use the 30% since that is what was used in the Arrowhead leases. Consensus of the Council was that the 30% be used in the lease. Mr. Thacker mentioned a typographical error in their draft on page 2 which needs to be corrected to read "Provided the amount of the rental rate increase does not exceed thirty ( 30%) percent of the rate in effect for the preceding five (5) year period" . The rental paying date was agreed to as September 30. The next item discussed was the ear marking of a portion of the rent for road maintenance. City Manager mentioned that they fully intend to look at what would be a basic core of services for road maintenance, but do not want to see the Council lock themselves in where they would have no flexibility on what goes. 542 Item lla, cont'd. He said they expect there would have to be a certain level of road maintenance and they had discussed having a lake administrator. This would mitigate a lot of the confusion problems in the past. He also mentioned that the leases would not begin producing immediately but it would be several years, and we also do not know how many people are going to take the $385 lease. Discussion ensued regarding road maintenance and the appropriate wording for the lease. Mr. Thacker made several suggestions and City Attorney stated that he was comfortable with his original wording but would not have a problem with adding to paragraph 12 of Staff ' s draft - Lessor shall maintain the primary roads - and add some clarity as to "roads" . Mr. Thacker stated that the easement information was left out of the lease, and right of ingress and egress to a person' s property is very essential. Jim Finley informed that it was left out because they were concerned about any implied obligations that might arise from that. Mr. Thacker said that easement information is addressed in Committee' s draft paragraph 12. City Attorney stated that Staff ' s position was by granting expressed egress and ingress to the lake lots and not defining where that is gives the implication that City has the responsibility to maintain that as well. The obligation expressed in the Staff ' s draft for the primary roads being maintained in their existing condition addresses that issue. After some additional discussion, the Mayor summarized that everyone was agreeable to granting egress and ingress as long as we define who is responsible for maintenance. Mayor concluded that basically what was going to be done was better defining and ascertain that the City doesn' t obligate itself in terms of any amount of money or anything other than the existing condition of the maintenance of primary roads. Councilor Thompson said he did not have any problem with that other than the definition as to what level of maintenance because when lots are leased they will be at different levels of maintenance. He would like for City Attorney to look into that. Mr. Thacker addressed Committee' s draft paragraph 24 stating that Staff had left out the first two sentences. City Attorney stated that Staff did not want the first two sentences in Committee ' s draft paragraph 24. Mr. Thacker informed that the first sentence had already been added to paragraph 12 by the Staff. Councilor Mallonee said he did not think they wanted to obligate any of it, did not want to lock the citizens into that. Mr. Thacker said they had done that to encourage the residents to improve the lots. He added that they could add some protective language if it was too broad. Councilor Thompson said that they had reached an agreement and if anything else was added it would fall apart. Mayor stated that, based on the amount of the lease, he was comfortable with the City not obligating to an amount of money. Mr. Thacker concluded that the first two sentences in paragraph 24 would be struck to make them consistent. He stated that the limitations are now in paragraph 12. Mayor recommended that Staff, based on terms agreed upon today, draft the lease and give to the Committee for their review and bring back to Council for action. Dr. Miller, resident of Lake Kickapoo, expressed two concerns of the lake lot residents. One concern is that without monies appropriated for a lease inspector who can enforce the standards, those who do keep up their lots look bad because of those who don't. He said their second concern is that they are taxed without representation. Their taxes go to Archer County for road maintenance yet none of it comes back to them for road maintenance. He asked that they consider this. Mayor agreed that they needed to look very strongly at contracting with them and letting the owners use the leverage to make sure they get 543 Item 11a, cont'd. their money' s worth. Dr. Miller suggested that City Attorney contact the Attorney General' s office and look into this. City Attorney said he would request the District Attorney to obtain an Attorney General ' s opinion for any recourse in this situation. Dr. Miller informed that they had brought a proposal to the City Manager' s office stating that Archer County could maintain the roads for significantly less but by law the City needs to invite them. City Manager said they would invite them. Lynda Hillery stated that Judge Wiley of Archer County had extended the offer to maintain the roads out there at a considerably reduced cost. She said that they were waiting for a decision from the Committee and Council before presenting the agreement to Council. Mayor suggested that we go forward with those two ideas of increased monitoring of the lake lots and also looking into getting Archer County involved in the lake lots. Councilor Hawkins suggested that the type of construction at the lots should also be addressed. Right now they are building on slabs and people are being told that if they build out there some day they may be required to move. He said this should be included in paragraph 8 to state that homes should be built on pier and beam. It was the consensus of the Council to leave paragraph 8 as is. Council recessed at 10: 15 a.m. and reconvened at 10: 25 a.m. Item 9a ORDINANCE NO. 51-94 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 Thompson that Ordinance No. 51-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9b ORDINANCE NO. 52-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF OLD WINDTHORST ROAD ADJACENT TO THE EAST LINE OF LOT 1, BLOCK 14, KEMP AND NEWBY SUBDIVISION. Moved by Councilor Hawkins that Ordinance No. 52-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None 544 Item 9c ORDINANCE NO. 53-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A CURB AND GUTTER ON THE WEST SIDE OF PARKHILL ROAD ADJACENT TO THE EAST LINE OF LOT 1, BLOCK 32, MESA IRRIGATED FARMS Moved by Councilor Thompson that Ordinance No. 53-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9d ORDINANCE NO. 54-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF KOVARIC ROAD ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 46, MESA IRRIGATED FARMS Moved by Councilor Hawkins that Ordinance No. 54-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9e ORDINANCE NO. 55-94 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1, BLOCK 32, MESA IRRIGATED FARMS Moved by Councilor Martin that Ordinance No. 55-94 be passed. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Martin, and Hawkins Nays: Councilor Thompson Item 9f ORDINANCE NO. 56-94 AN ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1, BLOCK 14, KEMP AND NEWBY SUBDIVISION Moved by Councilor Hawkins that Ordinance No. 56-94 be passed. Motion carried by Councilor Thompson and carried by the following vote. 545 Item 9f, cont 'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9g ORDINANCE NO. 57-94 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1, BLOCK 46, MESA IRRIGATED FARMS Moved by Councilor Thompson that this ordinance be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, and Hawkins Nays: Councilor Martin Item 9h ORDINANCE NO. 58-94 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE WEST SIDE OF OLD WINDTHORST ROAD ADJACENT TO THE EAST LINE OF LOT 1, BLOCK 14, KEMP AND NEWBY SUBDIVISION Moved by Councilor Martin that Ordinance No. 58-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9i ORDINANCE NO. 59-94 ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING AN EVENT AT JAYCEE PARK MAY 13 AND 14, 1994 Moved by Councilor Martin that Ordinance No. 59-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9j ORDINANCE NO. 60-94 ORDINANCE WAIVING SECTION 22-1(a) ( 2 ) OF THE CODE OF ORDINANCES PERMITTING VEHICLES ON THE GRASS DURING A MODEL AIRPLANE EVENT IN JAYCEE PARK APRIL 30 AND MAY 1, 1994 Moved by Councilor Thompson that Ordinance No. 60-94 be passed. 546 Item 9j , cont'd. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9k ORDINANCE NO. 61-94 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE EAST 100 FEET OF A 16. 6 FOOT WIDE ALLEY ADJACENT TO LOT 1-A, BLOCK 1, BOYDS SUBDIVISION, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY AND DRAINAGE EASEMENT; FINDING AND DETERMINING THAT THE MEETING AT WICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No 61-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 91 ORDINANCE NO. 62-94 ORDINANCE MAKING AN APPROPRIATION IN THE SANITATION FUND FROM RETAINED EARNINGS Moved by Councilor Martin that Ordinance No. 62-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9m ORDINANCE NO. 63-94 ORDINANCE APPROPRIATING $3000 FROM A TEXAS FOREST SERVICE SMALL BUSINESS ADMINISTRATION GRANT TO PLANT TREES IN JAYCEE PARK Moved by Councilor Martin that Ordinance No. 63-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9n ORDINANCE NO. 64-94 ORDINANCE AMENDING ORDINANCE NO. 2967 TO REDUCE THE NUMBER OF MEMBERS FOR THE MAYOR'S COMMISSION ON THE STATUS OF WOMEN 547 Item 9n, cont'd. Moved by Councilor Martin that Ordinance No. 64-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 54-94 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT COOPERATIVE (THE "COOPERATIVE" ) , DESIGNATING THE BOARD OF DIRECTORS OF THE CITY OF WICHITA FALLS OF THE CITY COUNCIL AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE, APPROVING INVESTMENT POLICIES OF THE COOPERATIVE, APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS Moved by Councilor Thompson that Resolution No. 54-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10b RESOLUTION NO. 55-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A COMPROMISE SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF WICHITA FALLS, WILLIE GENE DAVIS AND CHARLOTTE LENA STRUCK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Mallonee that Resolution No. 55-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10c RESOLUTION NO. 56-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE ROADWAY PACKAGE SYSTEM, INC. AS AN ENTERPRISE ZONE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF COMMERCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 56-94 be passed. 548 Item 10c, cont'd. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10d RESOLUTION NO. 57-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH PAUL G. KINNARD, M.D. ACROSS 20. 5 FEET OF BAYLOR AVENUE RIGHT- OF-WAY LYING ADJACENT TO LOTS 1-A AND 24, BLOCK 1, BOYDS SUBDIVISION ( 1800 SEVENTH STREET) , WICHITA FALLS, TEXAS. FOR THE EXISTING RETAINING WALL LOCATED IN SAID RIGHT-OF-WAY IN ACCORDANCE WITH THE ENCROACHMENT AGREEMENT; 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. 57-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10e City Manager requested that this item be pulled from the Agenda for further study. Item 10f RESOLUTION NO. 58-94 RESOLUTION AUTHORIZING THE WICHITA FALLS POLICE DEPARTMENT TO PURCHASE A DUAL PURPOSE DRUG DOG FROM SEIZED CONFISCATED FUNDS Moved by Councilor Thompson that Resolution No. 58-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item lOg RESOLUTION NO. 59-94 RESOLUTION TO APPROVE SEVENTH AMENDMENT TO WATER PURCHASE CONTRACT WITH FRIBERG-COOPER WATER SUPPLY CORPORATION Moved by Councilor Mallonee that Resolution No. 59-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. 549 Item 10g, cont 'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10h RESOLUTION NO. 60-94 RESOLUTION APPROVING LETTER OF AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND R.J. WACHSMAN HOMES FOR IMPROVING OF BARNA ROAD TO MUNICIPAL STANDARDS Moved by Councilor Martin that Resolution No. 60-94 be passed. Motion seconded by Councilor Hawkins and carried by following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item lla This item was moved to the second item on the Regular Agenda. Item llb No one wished to be heard. Item llc Councilor Thompson addressed the bidding process by stating that we establish some means to protect the value of the property because when it is sold for less than the appraised value, revenue is lost. He suggested that they consider some method to reject those bids that are low. Dorcas Chasteen, Property Administrator, informed that bid packets do reserve the right to accept or reject all bids. The property put out for bid comes from delinquent tax sales and it is first put up in a Sheriff ' s sale. She said that in the past when bids were out of line she has recommended to Council that they be rejected and re-bid. She said she would rather see a bid awarded to the bidder and have that bidder put some money into the property and upgrade it and put a good value on the tax rolls. Councilor Hawkins commended the Staff for working on the retention pond on Riley Road; it looks a lot better. Councilor Hawkins requested that the City Manager have a representative from the Planning Department attend a meeting to assist him with planning laws regarding the usage of the property, in particular outside storage, on Puckett Road and S.H. 240. He will inform City Manager of the date and time later. Councilor Martin informed that Early Voting is now in progress in the City Clerk' s Office for the City Election and the School Board Election. Councilor Martin asked Staff to look into the possibility of putting in more dumpsters for collecting paper, possibly at the rest homes. Councilor Loughry asked for an explanation on the revamping of the parking lot at the storm water detention at Mallard and Maplewood. Mayor informed that when that property was subdivided knowing that it was going to be used for commercial 550 Item 11c, cont'd. property it was agreed by the subdividers to let them put that as a condition on the plat, and builders proceeded without meeting conditions on the plat. Councilor Loughry said that he had received some calls regarding parking on the narrow streets, in particular Westerly and Parrish. He asked what could be done about that. Steve Seese, Planning Administrator, commented that on-street parking does not appear to have been an issue in the City. He said that until Planning receives some direction from Council on what they would like to do about on-street parking for certain particular use, they do not plan on tackling it unless it becomes an issue. He said they would go out and look at the situation and see if there is something unique about that as opposed to other areas of the city where maybe the same situation exists, and would inform Councilor Loughry of their findings. Councilor Loughry asked for additional volunteers for the Human Needs Commission. He said they need more applications for the openings on this dynamic Commission. Item lld City Manager informed that Leadership Class will hold a staged Council meeting on April 26, 1994 at 6 : 15 in Council Chambers. Item lle City Council went into executive session at 11: 01 a.m. as authorized by Section 551. 074 of the Government Code. The meeting reconvened at 11: 25 a.m. Item llf Mayor Pro-Tem Mallonee presided in the absence of the Mayor. Councilor Hughes arrived in the Council Chambers. Mayor Pro-Tem requested that Councilor Loughry as liaison to the Mayor ' s Commission on the Status of Women, bring back recommendations for removal from this Commission, since membership had been reduced. Councilor Hughes clarified some comments made this morning regarding the timing of the property situation with the County. He said that the County had been aware of the funds for two weeks but did not start working on it and find out they were eligible until a week ago Friday. They did not start working on any specific property until last Wednesday. They did not know that the property was suitable until the Architect looked at it on Wednesday night. There was no question or discussion regarding zoning or possibilities or awareness there may be a problem until last Thursday. Not being aware until Thursday made it impossible for them to address the zoning issue to the Planning and Zoning Commission on the night before; which was when Planning and Zoning Commission met. Item llg Moved by Councilor Martin to appoint Jeann Kay Rigg to replace Sharon Roach on the Arts Commission. Term expires 4-30- 96. Motion seconded by Councilor Hughes and carried by the following vote. 551 Item llg, cont'd. Ayes: Mayor Pro-Tem Mallonee, Councilors Loughry, Thompson, Hughes, Martin and Hawkins Nays: None Moved by Councilor Martin that the following persons be reappointed to serve on the Arts Commission with terms to expire 4-30-96 : Michael Maloney, Nancy Purcell, Don Henschel, June Holoubek, Rosemary Medders, Brenda Jarrett, Cynthia Brock, Polly Jones, and Dannie Russell. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Pro-Tem Mallonee, Councilors Loughry, Thompson, Hughes, Martin and Hawkins Nays: None The City Council adjourned at 11: 30 a.m. PASSED AND APPROVED this day of , 1994. .r- f , Michael Lam, or ATTEST: Ly i Torres Cit Clerk