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Min 04/20/1993 273 Wichita Falls, Texas Memorial Auditorium Building April 20, 1993 i 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 David Farabee - Terrance E. Loughry - Angus Thompson - Councilors J. W. Martin - Harold Hawkins - I James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk Paul Hughes Absent given b El Covington,The invocation was g y ssa y g , Word of Life Outreach Center. Mayor Lam presented proclamations on Wichita Falls Clean Country Month and Clean Rivers, Creek, and Stream Day. Sunny Davidson appeared with a group of children for the Week of the Young Child. Item 3 Moved by Councilor Farabee that minutes of the meeting held April 6 , 1993 , be approved. Motion seconded by Councilor Thompson, and carried by the following vote. I Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, and Martin. Nays: None (Councilor Hawkins was away from the Council table. ) Items 4a-5g Items 5c and 5d were moved to the regular agenda. Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 4a RESOLUTION NO. 60-93 RESOLUTION TO ACCEPT THE CDBG O'REILLY PARK PLAYGROUND PROJECT AND AUTHORIZE FINAL PAYMENT TO R.C. CONSTRUCTION COMPANY 274 Item 5 Minutes of the meetings of the following boards and commissions were received. a. Water Resources Commission - April 2, 1993 b. Commission on Human Needs - April 1, 1993 e. Zoning Board of Adjustment - February 17, 1993 f. Library Advisory Board - March 23 , 1993 g. Plumbing and Mechanical Board of Adjustments and Appeals - April 5, 1993 . Item 5c Moved by Councilor Farabee that minutes of the meeting of the Traffic Safety Commission held March 3 , 1993 , be received. r Motion seconded by Councilor Martin. Councilor Hawkins referred to a discussion about no left turns from Callfield to Faith Road, stating the no left turn sign has been removed. The motion carried unanimously. Item 5d Moved by Councilor Thompson that minutes of the meeting of the Aviation Advisory Board held March 16, 1993 , be received. Motion seconded by Councilor Farabee. Councilor Hawkins expressed concern about recommendations of the Aviation Advisory Board, stating that Mr. Coppage came to the City asking them to purchase Kickapoo Airpark. He stated he has a problem with Mrs. Yeager and Mr. Parker going to them. Mayor Lam noted that the Aviation Advisory Board desired a written commitment from Mr. Coppage. Councilor Martin explained that Mr. Coppage approached the City, but no price was discussed. Councilor Hawkins stated that we have a paid city staff that should do this instead of a committee. He feels Mr. Coppage should be provided with an appraisal report, and he should get his family together to decide what they will do. Councilor Martin noted that the City Council will make the final decision. Mr. Humbach advised that advisory bodies are not governmental entities, and they do not even have to post notices. Their recommendations are only advisory. Councilor Thompson asked about public hearings, and Councilor Martin commented that if Mr. Coppage accepts the appraisal, then we will go into environmental hearings. The motion carried unanimously. Item 6a ORDINANCE NO. 32-93 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 RATHGEBER ROAD, ADJACENT TO THE NORTH LINE OF LOT 2, BLOCK 1, BRW ADDITION Moved by Councilor Thompson that Ordinance No. 32-93 be passed. Motion seconded by Councilor Hawkins. Councilor Martin asked about sidewalks, and Mr. Berzina noted that at some point we will want to study the annexation of 275 Item 6a, cont'd. some of these areas. Councilor Martin felt this is something we need to watch. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6b ORDINANCE NO. 33-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE WEST AND SOUTH LINES OF LOT 1-B, BLOCK 1, FLAVIS AND LORENE GREER SUBDIVISION Moved by Councilor Martin that Ordinance No. 33-93 be passed. Motion seconded by Councilor Thompson. Councilor Hawkins stated that this is inside the city limits, and ultimately we can expect to see people using sidewalks and curb and gutters. Mr. Bonnett explained they are unable to determine at this time where to place the grade on the sidewalk. It was noted that if the taxpayers have to pay for this it will be relatively expensive. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6c ORDINANCE NO. 34-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF TURKEY RANCH ROAD, ADJACENT TO THE EAST LINE OF VINSON ESTATE PROPERTY AND ON THE SOUTH SIDE OF U.S. 277 ADJACENT TO THE NORTH LINE OF VINSON ESTATE PROPERTY Moved by Councilor Martin that Ordinance No. 34-93 be passed. Motion seconded by Councilor Thompson. Councilor Hawkins stated that we are again faced with the same problem on this property. Mr. Bonnett explained these are five acre tracts, and each lot has access on the public road. Councilor Hawkins believed we need to watch this closely. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None 276 Item 6d ORDINANCE NO. 35-93 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1 , BLOCK 1, WESTRIDGE ESTATES Moved by Councilor Martin that Ordinance No. 35-93 be passed. Motion seconded by Councilor Hawkins. Councilor Martin suggested that since we are waiving this detention that they give consideration to using a lot of landscaping to reduce runoff. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6e ORDINANCE NO. 36-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF U.S. HIGHWAY 287, ADJACENT TO THE SOUTH LINE OF LOT 1, BLOCK 1 , WESTRIDGE ESTATES Moved by Councilor Thompson that Ordinance No. 36-93 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6f ORDINANCE NO. 37-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE SOUTH LINE OF LOT 1, BLOCK 1, WESTRIDGE ESTATES Moved by Councilor Hawkins that Ordinance No. 37-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6g ORDINANCE NO. 38-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF RADIO LANE, ADJACENT TO THE WEST LINE OF LOT 1-B, BLOCK 1, FLAVIS & LORENE GREER SUBDIVISION AND ON THE NORTH SIDE OF VALLEY VIEW ROAD ADJACENT TO THE SOUTH LINE OF LOT 1-B, BLOCK 1, FLAVIS & LORENE GREER SUBDIVISION 277 Item 6g, cont'd. Moved by Councilor Martin that Ordinance No. 38-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6h ORDINANCE NO. 39-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE NORTH LINE OF LOT 2, BLOCK 1, BRW ADDITION Moved by Councilor Martin that Ordinance No. 39-93 be passed. Motion seconded by Councilor Farabee. Councilor Martin asked if this would pose a problem, and Mr. Bonnett stated there is no curb and gutter. It is not a problem at this time. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6i ORDINANCE NO. 40-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE EAST LINE OF LOT 1 , BLOCK 34, MESA IRRIGATED FARMS Moved by Councilor Thompson that Ordinance No. 40-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6j ORDINANCE NO. 41-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF PARKHILLS DRIVE, ADJACENT TO THE EAST LINE OF LOT 1 , BLOCK 34, MESA IRRIGATED FARMS Moved by Councilor Martin that Ordinance No. 41-93 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. 278 Item 6j , cont'd. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6k ORDINANCE NO. 42-93 ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO INTERLOCAL COOPERATION AGREEMENT FOR THE COLLECTION OF AD VALOREM TAXES AND TO REPEAL ORDINANCE #2014 OF FEBRUARY 11, 1963 THAT CONCERNS THE SPLIT PAYMENT OPTIONS OF CITY PROPERTY TAXES, ##31. 03 OF THE TEXAS PROPERTY TAX CODE. Moved by Councilor Hawkins that Ordinance No. 42-93 be passed. Motion seconded by Mayor Lam. Mr. Berzina explained that this is an ordinance that would authorize a contract with Wichita County to collect City taxes. For several years the City also collected School district taxes. The School District paid the City $116,000 each year. For some time we have been working with different taxing entities for centralized tax collection. Recently the School District informed the City that they would no longer use the City. The County will provide this service to the School for $44 ,000. The split payment option has been eliminated. If we don' t go with the County we will lose the revenue we obtained from the school. Our costs remain pretty well fixed. We have satisfied ourselves that the hardware and software and personnel are in place at the County. Our cost would be $45,000. They charge one dollar a parcel or legal description. We have had split payments before. In the last two years about seventy percent of the property tax has been no longer subject to the split payment. We would have to eliminate our split payments to go along with the County and School. This is an opportunity to centralize the service for the taxpayers, and deal with only one tax entity. The first year price is based on the County collecting for three units. Mayor Lam stated that he supports the consolidated collection of taxes, but does not support elimination of the split payment of taxes. He stated that split payment is being done in other counties in Texas. He regrets that we will lose this, and also regrets that other taxing entities have not been sensitive to this situation. Councilor Thompson echoed Mayor Lam' s comments, stating this will place a burden on the citizens. He feels when they get ready to pay their tax bills they will see that they have allowed this to happen. This is a very sad day when they don' t consider the people who have to pay taxes. Councilor Hawkins stated it is unfortunate that we have to look at both of these at the same time. Corporate will suffer a big lick on this. He would like to work with Representatives Hirschi and Finnell to try to get the State to get some relief on this. Councilor Loughry stated he would like to keep the split payments. Councilor Martin regrets that other governmental bodies tell us how we have to run our business. This is a great burden to some businesses and senior citizens. A monthly payment or bank draft would give these people some relief. He asked if the issue of split payments has to be voted on today? Mr. Berzina stated they do not have to vote on it today, but the County cannot take us if we insist on split payments. He stated taxes may be paid from November to the end of January. This is in the contract. Councilor Martin stated he supports 279 Item 6k, cont'd. the consolidation of the taxing entities, but would like to see us try to work out some method that we can work with our Tax Department. Mr. Berzina stated we will not have a Tax Department. Councilor Hawkins asked how much we will be able to save in that department. Mr. Berzina stated it cuts the department in half from eleven to six persons. One person can be reassigned, and two transferred to other departments. Operational costs are $135 ,000, and $40,000 for postage. We are coming out with $15 ,000 to $18 , 000 to the good. Fixed costs are pretty well set. Mayor Lam asked about Data Processing capabilities, and Mr. Berzina noted that one person who was working nights had found other employment, and he was not replaced. Mayor Lam also asked if we have a lot of idle capability, and Mr. Berzina stated there will be some. At some point we will have to upgrade the equipment. He also stated that about ten percent of the taxpayers are using split payments. There are some large accounts. He commented that there are four months in which it could be paid. Mayor Lam agreed with Councilor Thompson, that the County and School District could provide for split payments if they wanted to. When Wichita Falls Independent School District joined the County Education District we got outvoted four to one, and had to go along with it. Councilor Hawkins commented to the paragraph pertaining to delivery of notices. Councilor Martin stated he would Aye in protest. He again urged citizens to write their legislators to get some relief in the Tax Code for split payments. Mayor Lam urged that they also write the School Board and County Commissioners. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 7a RESOLUTION NO. 61-93 A RESOLUTION ENDORSING THE URBAN TRANSPORTATION PLANNING JOINT CERTIFICATION PACKAGE FOR FISCAL YEAR 1994, AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS Moved by Councilor Thompson that Resolution No. 61-93 be passed. Motion seconded by Councilor Farabee. Councilor Hawkins asked if monies for salaries are programmed into this, and Mr. Berzina explained that it is existing. He also noted that the Callfield Road will be looked at again later. There is a difference in federal participation in various projects. Councilor Thompson mentioned Maurine Street extension and Pleasantview Road, noting it has dropped out of the ranking. Mr. Bonnett stated if the Council desires, it can be placed back in or bump one of these projects if they deem it a priority. Councilor Martin asked about the start of the Midwestern Parkway construction, and Mr. Bonnett stated they will open bids in August, to be completed in the spring of 1994. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None 280 Item 8a RESOLUTION NO. 62-93 RESOLUTION TO APPROVE CHANGE ORDER #28 FOR RIVER ROAD WASTEWATER TREATMENT PLANT MODIFICATIONS AND ADDITIONS PROJECT Moved by Councilor Farabee that Resolution No. 62-93 be passed. Motion seconded by Councilor Martin. Councilor Thompson asked a question about the meters, and Mayor Lam explained that the design engineer specified the wrong meters. The City is being refunded for that cost, and we are only paying the difference. Mr. Berzina and Mr. Bonnett made further clarifications. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9a Bettie Murphy, 101 Lakewood Drive, represented the Lucy Park Neighborhood Group on Fallsfest traffic. She noted the fears of them being held hostage because of this. She stated they had no fire protection because every fire lane was blocked, and one police car was blocked in. Elderly persons could not get medical care. Following a lengthy presentation, Mayor Lam asked Mr. Berzina to plan early on what they can do to alleviate these problems, stating their group would be involved. Mr. Berzina stated he will make sure that this group is made aware of meetings which will be held with all those involved. Robert Sund, 419 Shoreline, encouraged the Council to look upon Lake Wichita as a part of our area, and preserve it. Dan Shirey, Chairman of the Save Lake Wichita Committee, again protested destruction of the fishery and wildlife habitat, and as a recreational facility, requesting that the Council open discussions on the spillway level. He stated that on April 15, he met with the City' s engineers and the Corps of Engineers, stating there are other plans available. Mayor Lam requested that he give them written information on his meeting with the Corps of Engineers. Roland Guerrera, 1617 Speedway, stated that the no parking signs on the South side of Speedway and the speed limit signs : are not working. Mayor Lam stated they will continue to look at t the speeding problem along Speedway. Item 9b Councilor Loughry asked the Police Department to look at speeding at 3225 York. Mr. Parker also explained to him that the State is in the process of bidding breakaway lights on Maplewood. Councilor Loughry read a letter from Michael Day commending the Police Department on the hostage situation on 9th Street. Councilor Martin also commended the Fire and Police Departments. 281 Item 9b, cont'd. Councilors Farabee and Martin urged registered voters to vote on May 1 . Councilor Hawkins mentioned a letter from a teacher at Austin School. Also, a letter from Mr. and Mrs. Wise in his area concerning paving, asking the City to take another look at it. A letter from Bell Processing regarding recyclables was noted, along with appreciation to those who contacted him about Lake Wichita. Councilor Thompson expressed appreciation on behalf of Louis Esquibel for the Police Department providing a patrol for an event for his daughter. He also stated in many of our areas we have young people mixed up with gangs, drugs, etc. , and hopes we can get more young people in the JTPA program. Councilor Thompson mentioned so many waivers for sidewalks, etc. , stating there is obviously a need for some long range planning. With the City growing the Council should take a position on how we want it to grow and develop. We should look at planning as a way to provide growth to our city . No business was taken up under Item 9c. Item 9d The City Council recessed into executive session at 10: 40 a.m. according to Article 6252-17, Section 2(g) , V.A.C.S. The meeting reconvened at 11: 30 a.m. Item 9e Moved by Councilor Farabee that Gene Douglass be appointed to the Eastside Revitalization Committee (replacing Ben Valdez ) until termination of the committee. Motion seconded by Councilor Hawkins, and carried unanimously. Item 9f Moved by Councilor Farabee that Ken George and David Owen be appointed as Alternates One and Two, respectively, to the Zoning Board of Adjustment for terms to expire December 31, 1994 . Motion seconded by Councilor Thompson, and carried unanimously. Item 9g Moved by Councilor Farabee that Lin Owen and Dorothy Rhone be appointed to the Landmark Commission (replacing Joe Johnson and Doug Paul( for terms to expire December 31, 1995 . Motion seconded by Councilor Hawkins, and carried unanimously. Item 9h Moved by Councilor Farabee that William Kahookele be appointed to the Traffic Safety Commission (replacing Michael Schneider) for a term to expire December 31, 1995. The alternate position is still open. 282 Item 9h, cont'd. Motion seconded by Councilor Hawkins, and carried unanimously. Item 9i Moved by Councilor Farabee that Judith Ullum be reappointed to the Planning and Zoning Commission for a term to expire May 31, 1996 . Three spots are left open for more applications. Motion seconded by Councilor Thompson, and carried unanimously. Item 9j Moved by Councilor Farabee that Roger Wright be appointed to the Board of Electrical Examiners (replacing Rex Ridenour) for a term to expire May 31, 1994. Motion seconded by Councilor Hawkins, and carried unanimously. Aft Item 9k vi Moved by Councilor Farabee that the following be reappointed to the Plumbing and Mechanical Board of Adjustments and Appeals for terms to expire December 31, 1994; Carl Solomon, Leo Lane, Harley Burch, and David Cohn. Motion seconded by Councilor Hawkins, and carried unanimously. Item 91 Moved by Councilor Farabee that the following be appointed to the Arts Commission for terms to expire April 30, 1995; Heather Tedford (replacing John Vitek) , Martha Fain (replacing Ann Funston) , Betty Smith (replacing Martha Steimel) , Kathryn Whaling (replacing Elizabeth Yarosz) , and reappointing Pat Grozier for the same term. Motion seconded by Councilor Thompson, and carried unanimously. Item 9m Moved by Councilor Farabee that Harold Hawkins be appointed to the 9-1-1 Communication District Board (replacing Don Kirkham) for a term beginning May 15 , 1993 . Motion seconded by Councilor Thompson, and carried unanimously. Item 9n Moved by Councilor Farabee that the following be appointed to the Lake Wichita Study Committee; Mark Howell, Don James, Deeann Martin, Gail Natale, Dan Shirey, Chester Ludlam, Chairman, Carl Edwards, Bill Hagler, Andrew Young, Potter Bowles, and John Burns. Motion seconded by Councilor Thompson, and carried unanimously. 283 Item 9n, cont'd. Mayor Lam stated that he and the City Manager will inform these members of their appointment, and give a charge to them of their duties. They will get letters out to the Committee, with a meeting time. The City Council adjourned at 11: 40 a.m. PASSED AND APPROVED THIS 401 DAY OF 2- 1993 . ichael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk