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Min 10/20/1992 149 Wichita Falls, Texas Memorial Auditorium Building October 20, 1992 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 Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Tom Lyda, First Christian Church. A proclamation was issued by Mayor Lam for Business Women' s Week. Item 3 Moved by Councilor Thompson that minutes of the meeting held October 6, 1992, be approved. Motion seconded by Councilor Hughes. Councilor Hawkins called attention to the second paragraph of Item 8a, stating it relates to Mr. Bonnett ' s discussion of the federal policy, and needs to be clarified. Mr. Berzina confirmed that the federal legislation does not pertain to cities over 100,000 population, but if it is amended below 100, 000 population then we need to meet those requirements. The motion to approve the minutes as corrected carried unanimously. Items 4a-6b Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 4a Bids for estimated annual requirements of office supplies were awarded, as follows. a. General Office Supplies - Sav-On Office Supply, $8, 472 . 70 b. Binders - Wilson Office Supply, $849 . 83 150 Item 4a, cont'd. C. Envelopes - Sav-On Office Supply, $1,491. 75 d. Cut Paper - Empire Paper, $8,141. 26 Item 5a RESOLUTION NO. 160-92 RESOLUTION TO ACCEPT PROJECT TO RELOCATE SANITARY SEWER LINE AT KELL BLVD. AND LAWRENCE STREET, AND TO AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT TO CONTRACTOR Item 6 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - September 2 , 1992 b. Arts Commission - October 5 , 1992 Item 7a A public hearing was opened on the use of revenue sharing funds in the amount of $85 ,000 for various city facility improvements. Funds will be used for roof repair or replacement Iwo at the Memorial Auditorium, Municipal Court, and Fire Stations No. 5 and No. 7. No one from the audience desired to be heard. Councilor Thompson asked if this will use all the money, and Mr. Dockery stated there is $220,000 currently available. The use of $85,000 will bring it down to $135,000. Mr. Berzina stated they were reluctant to use this money until they had a major project for which it could be used. Mr. Dockery stated that in two weeks CDBG funds will be presented for a public hearing. They will look at eligible uses. The public hearing was closed. Item 8a ORDINANCE NO. 88-92 ORDINANCE TERMINATING THE JIM KING COMMISSION ON AGING, THE HUMAN RELATIONS COMMISSION AND THE COMMISSION ON DISABILITY Moved by Councilor Hughes that Ordinance No. 88-92 be passed. Motion seconded by Councilor Martin. Jan Stricklin stated that for the last two years these commissions have been working toward common goals. Unfortunately, some of them did not have a quorum present at many of their meetings. By broadening the base of this commission there may be some opportunities for grants and revenue sources that they would not have if they were individual commissions. Councilor Martin supported this action, stating he believes we may be able to accomplish more with consolidation. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins. Nays: None 151 Item 8b ORDINANCE NO. 89-92 ORDINANCE ESTABLISHING A COMMISSION ON HUMAN NEEDS Moved by Councilor Martin that Ordinance No. 89-92 be passed. Motion seconded by Councilor Hughes. Councilor Loughry questioned having 17 members if there is a problem in getting a quorum. Mrs. Stricklin explained that they asked the active members of all commissions to apply. She stated half would be a quorum. Mayor Lam noted that the total number of members on all three commissions has been cut in about half. Mrs. Stricklin pointed out that in changing by-laws or in creating new ones, they wanted to be sure that absences were adequately addressed so that if someone misses three consecutive meetings, the Council will be asked to remove them. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8c ORDINANCE NO. 90-92 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR THE REMAINING 26. 39 ACRES OF UNDEVELOPED LAND WITHIN THE LIMITS OF THE MASTER PLAN OF BELAIR SUBDIVISION Moved by Councilor Hawkins that Ordinance No. 90-92 be passed. Motion seconded by Mayor Lam. Chuck Dennis appeared as President of the Dennis Company, stating their normal mode of operation is they do not ask for waivers, but try to work within the system. He stated this development is eighty percent completed, with only twenty-four acres remaining to be developed. The watershed to the East is ninety percent developed. All to the West drains into the Wichita River. Nearly seventy percent of the water lines are in place. They have had a master plat on record in the County Clerk' s office for many years, and have followed it for all these years. To not be able to continue would put them at risk for a lawsuit since a plat has been filed for so many years. He requested a waiver. In this particular case the detention ordinance leaves them no viable options. He stated all of the remaining property will be developed as residential. Bill Parker, City Engineer, stated that their maps show fifteen acres of this property to be in the McGrath Creek drainage basin. Mr. Dennis stated the master plat shows all residential. Mayor Lam stated that since two weeks ago the Council approved a similar situation of an existing plat, if this Council did not give him a waiver today, what effect would it have on him? Mr. Dennis replied that he would be at a competitive disadvantage. Councilor Thompson hoped this would be tabled today until they pass the detention ordinance. It would give us time to study it, and have the Engineering Department come back with some information. Councilors Loughry and Martin agreed. Mr. Dennis stated he would be waiting for the Council to make a 152 Item 8c, cont'd. decision on the detention ordinance, and they need to get on with his business of providing housing stock on the market. Councilor Hawkins noted that Mr. Dennis headed up the stormwater detention task force, and there is no reason to doubt their intentions. He suggested we vote on it. A motion to table for more runoff input was made by Councilor Martin. The motion died for lack of a second. Moved by Councilor Hawkins that the waiver be applied to residential development only within Belair Subdivision. Motion seconded by Councilor Loughry, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, and Hawkins Nays: Councilors Thompson, Hughes, and Martin Item 8d ORDINANCE NO. 91-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING CHAPTER 32 ENTITLED WATER AND SEWER AT SECTION 32-140 Moved by Councilor Farabee that Ordinance No. 91-92 be passed. Motion seconded by Councilor Hughes. Mr. Bonnett explained the recommended changes, and Mr. Dennis agreed with the comments. Bill Parker stated they checked with other cities, and the majority uses a zero impact. Bob Matthews, an engineer, stated a zero impact is the fairest solution to the problem. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8e ORDINANCE NO. 92-92 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 LINE OF TALLEY LANE ADJACENT TO THE EAST LINE OF BLOCK 1 OF FORNEYIS CORNER Moved by Councilor Thompson that Ordinance No. 92-92 be 4 passed. Motion seconded by Mayor Lam. Robert Forney appeared as developer of this subdivision, requesting that his deposit of $8 , 341.65 be refunded for curb and gutter construction on Talley Lane. Mr. Berzina explained if people out there want a street they may ask the City to provide it. Mr. Forney stated he is still the owner of all properties along this side of the street. None of the property has changed hands on the other side of the street. The motion carried by the following vote. 153 Item 8e, cont'd. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8f ORDINANCE NO. 93-92 ORDINANCE TO APPROVE WAIVER OF SECTION 9(F) (1 ) OF SUBDIVISION ORDINANCE FOR LOT 1, BLOCK 6, SUMMIT VIEW ESTATES FOR WATER SUPPLY SYSTEM Moved by Councilor Thompson that Ordinance No. 93-92 be passed. Motion seconded by Councilor Hughes. Lester Kilpatrick, 3211 Carol Ann, stated this property is not developed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9a RESOLUTION NO. 161-92 RESOLUTION APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION AND AUTHORIZING THE CITY MANAGER AND THE ARTS COMMISSION TO ENTER INTO CONTRACTS WITH SUCH AGENCIES Moved by Councilor Farabee that Resolution No. 161-92 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None The chairman of the Arts Commission was recognized. Item 9b RESOLUTION NO. 162-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A VEHICLE PURCHASE AGREEMENT WITH THE CITY OF VERNON Moved by Councilor Martin that Resolution No. 162-92 be passed. Motion seconded by Councilor Hughes. Bob Parker explained that the same specifications will be used, and that Vernon requested the joint bid. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 154 Item 9c RESOLUTION NO. 163-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TEXACO PIPELINE, INC. FOR ADJUSTMENT TO ITS 10" PIPELINE WHERE IT CROSSES THE NEW LAKE WICHITA DAM Moved by Councilor Hughes that Resolution No. 163-92 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilor Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins t Nays: None Item 9d RESOLUTION NO. 164-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR DRAINAGE IMPROVEMENTS FOR PHASE II OF THE FM 369 PROJECT; APPROVING THE APPRAISALS; SETTING JUST COMPENSATION; AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hughes that Resolution No. 164-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 165-92 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE LYNWOOD EAST OVERLAY PROJECT Moved by Councilor Thompson that Resolution No. 165-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None The City Council recessed at 9: 50 a.m. , and reconvened at 10: 05 a.m. Item lla Discussion was held on the request of J. B. Holt, Safeplay Corporation, for waiver of water service requirements. Mr. Holt noted the two and one-half inch line which had been installed, and requested an exception to the ordinance requirements of a ten-inch line. 155 Item 11a, cont'd. Mayor Lam noted the two alternatives available to Mr. Holt, one of which is to terminate water to Mr. Helmcamp in accordance with the non-annexation agreement between the City and Burcamp Steel, and the other option is for Mr. Holt to execute a non- annexation agreement with the City. Estimated cost is $22,000 . A lengthy discussion took place with Mr. Holt offering to pay $4000 for the line the City would install, and pay one and one-half times the water rate. Mr. Humbach stated the City is required by law to treat everyone in similar situations the same. Commercial water and sewer rates are double outside the City. We have not extended utilities at our cost. It is their cost. Mr. Bonnett stated the minimum requirement is for an eight inch line. The City of Wichita Falls pays for the difference between that and what they choose to extend. For fire protection you cannot go less than a six inch line. Fire protection is negotiated in the non-annexation agreement. Councilor Hughes emphasized that we should handle this the same way we do others. We need to be consistent. Mr. Berzina pointed out that Burcamp has run a second meter for the second time. The third one has now cropped up. The security of our water system is in jeopardy. He suggested the staff sit down with Mr. Holt and see if he is agreeable to it. If he is interested, they will do it, and if he is not interested they can deny it. He stated we also have another ordinance that prohibits extension of water outside the City for commercial purposes. Mayor Lam suggested if they cannot find an agreement that we cut him loose and let the other water system supply him. Councilor Hawkins stated we are dealing with Mr. Holt, and we need to be dealing with Mr. Helmcamp since he has violated this agreement. He owns the property. Councilor Thompson felt we should proceed with the recommendations of the City Manager, and get back with the Council within thirty days. Item llb Gene Gant appeared regarding a boundary line on property leased by Pat Carrigan Post on Lake Wichita. They have a but being used for Boy Scouts, and the property line runs down the middle of the Scout building. They ask that the Council correct the deed to ref lect the boundary as it was intended so that it is within their property line. The land on both sides of that building is city owned. Mayor Lam directed the staff to correct this by swapping land with the American Legion for the property needed. Also, to come back with a recommendation of what we need to do with the water level. Martin Litteken, of Biggs and Matthews, requested that the two items on the last agenda pertaining to Cattie Jackson, Ed Woodall Subdivision, and the Gage Addition House of Eagles, be placed back on the agenda. David White, 601 Fillmore, appeared in regard to a claim presented to the City, and denied, on a flooding problem in the Executive Building in August. He requested that he be permitted to work with the staff to make further investigation. He explained the events which had occurred. Following discussion, the Council asked Mr. Berzina to look at it again. 156 Item llc Councilor Loughry asked questions of Mrs. Stricklin on the City' s insurance program, and how often the Employee Benefit Trust meets. Mrs. Stricklin addressed each. Councilor Loughry asked that copies of plats be placed in a file for the Traffic Safety Commission. Mr. McKinney stated this information is forwarded to all affected departments. Councilor Loughry asked if there is anything we can do when a subcontractor is not paid by the prime contractor. Mr. Humbach stated the subcontractor filed on the payment bond provided by the contractor, and it is only a matter of time until he gets paid. That is the extent of our responsibility. Mr. Bonnett explained that the only contractor the City can see in a legal sense is the one who is awarded the contract. There aw is frequent conflict between contractors and subcontractors, but we cannot get involved in those disagreements. Councilor Loughry also asked for and received an explanation on the amount due of $290. 00 to Bowles Construction. He also stated that he was in Williams Park last night and found a manhole sewer lid off. Mr. Bonnett stated he would check on it. Councilor Martin commented that early voting for the November election is in effect until October 30. He noted the IJ days and hours to vote early. Councilor Hughes asked that Mr. Loughry be furnished a telephone directory so that he will be able to call departments and get the answers to his questions instead of at a Council meeting. Mr. Loughry commented that he didn' t mind, and Councilor Hughes replied that they do, however. Councilor Hawkins requested a traffic count on Puckett Road. Councilor Thompson asked about a study of the City' s watersheds. He would also like to see developments that are partially complete, like with Mr. Dennis. He also commended the police for a job well done in moving obvious signs of drugs on the East side. He noted another meeting at Martin Luther King Center. He also urged people to vote on November 3 . Item lld Mr. Berzina handed out various reports. He also reported on a .recent productive meeting in Tulsa with Colonel Williams, of the Corps of Engineers. They were impressed with his knowledge, stating he seems to appreciate the local involvement in Phase III . McGrath Creek seems to continue to move. Plum Creek may receive some discretionary funds. He believes it was a worthwhile trip. Bob Parker clarified for Mr. Hawkins a definition of route deviation in the bus system. 157 Item lle The City Council recessed into executive session at 11: 15 a.m. , according to Article 6252-17, Section 2(g) , V.A.C.S. The meeting reconvened at 2: 08 p.m. Items llf-i Mayor Lam announced that all board appointments will be postponed at this time, and urged citizens interested in serving to contact the City Manager' s office for an application. The City Council adjourned at 2 : 10 p.m. PASSED AND APPROVED THIS 3-111 DAY OF-4 ,, 1992. tz�L Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk ,g,�.,