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Min 05/19/1992 47 Wichita Falls, Texas Memorial Auditorium Building May 19, 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 Paul Goodrich, Floral Heights United Methodist Church. Item 3 Moved by Councilor Thompson that minutes of the meetings held May 5 and May 12, 1992 , be approved. Motion seconded by Councilor Hawkins, and carried unanimously. i Items 4a-6c Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 4a RESOLUTION NO. 77-92 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 4030-037-0000 Item 4b RESOLUTION NO. 78-92 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 5900-001-0139 Item 5a RESOLUTION NO. 79-92 RESOLUTION TO ACCEPT SEWER MANHOLE RELINING PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR 48 Item 6 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - April 1, 1992 b. Park Board - April 23 , 1992 C. Commission on Disability - May 4, 1992 Item 7a ORDINANCE NO. 43-92 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE CRIMINAL JUSTICE DIVISION, GOVERNOR'S OFFICE, AND MATCHING GRANT REVENUE FROM OTHER GOVERNMENTAL ENTITIES FOR PURPOSES OF DRUG ENFORCEMENT Moved by Councilor Martin that Ordinance No. 43-92 be passed. Motion seconded by Councilor Hughes. Giola Ozuna, 1309 Giddings, confirmed that this will be a continuation of the present drug task force. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8a RESOLUTION NO. 80-92 RESOLUTION AUTHORIZING CITY MANAGER TO ACCEPT THE NORTH TEXAS REGIONAL NARCOTICS TASK FORCE/3 GRANT AWARD Moved by Councilor Thompson that Resolution No. 80-92 be passed. Motion seconded by Councilor Martin. Chief Harrelson explained that twenty-four entities are involved in this task force. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None . Item 8b RESOLUTION NO. 81-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ESTABLISHING A POLICY FOR LEASING LOTS AT LAKE ARROWHEAD AND FOR RE-LEASING EXISTING LAKE LOTS THAT TERMINATE ON OR AFTER MAY 1, 1992, FOR ANY REASON; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 49 Item 8b, cont'd. Moved by Councilor Hughes that Resolution No. 81-92 be passed. Motion seconded by Councilor Thompson. Bill Thacker, 1603 Mesquite, stated he felt a study of this matter was needed. He would like to help form a citizens ' committee, and bring back facts to the Council, and also work with the staff. He believes they can find solutions which will result in a better deal for the City, lessees, and citizens. He believes they had a good plan when it started twenty-five years ago. Moved by Councilor Martin that Agenda Item 8b be tabled, and to delay leasing of lots reacquired or never leased by the City prior to May 1, 1990 and for those lots on which the lessee is delinquent after May 1, 1992, and request a citizens ' committee to study the problems and possible solutions related to leasing of lots at Lake Arrowhead and Lake Kickapoo by the City of Wichita Falls. The citizens ' committee to be composed of representative parties related to the matter to be considered. Each Council member to make recommendations for citizens to serve on such committee. I recommend that James Kellett, representing the Lake Arrowhead Association, and former Councilmen W. M. Thacker, Jr. , Ray Ashbrook, and Charles Thomas serve on such committee. All City departments will be asked to assist and cooperate with the citizens ' committee in assembling all of the appropriate data from other cities with similar lake situations, and to review and comment on the recommendations of the committee. The committee is asked to consider, among other aspects of the matter, environmental problems, appropriate inspections to assure compliance regarding environmental problems, longer term leases, which would permit the appropriate financing, right of assignment of leases, updating of rules and regulations regarding lots, appropriate adjustment factors for increased cost of assumption of responsibilities at a future date, by other governmental authorities, and options to convert existing leases. Motion seconded by Councilor Hawkins. Councilor Thompson pointed out that we have not had a chance to discuss this agenda item and the ramifications involved. He feels a proper discussion will give our citizens a right to know what is at stake. We are talking about nothing less than the future of our water supply and the recreation factors. He expressed concern about environmental problems, and the roads which the citizens have to pay for. He is almost to the point of being a little upset from hearing it so much. He also pointed out that this is what the Council asked the staff to do. Councilor Martin stated it was discussed at the last meeting that these lots would be leased for gardening and their own recreation purposes, stating this is not satisfactory to him. Councilor Thompson stated we should discuss it since this is what they asked the City Attorney to bring back. He feels it should be heard. It sends to our viewers a bad signal, and he is sure that is not the intent. Councilor Martin withdrew his motion until a full discussion has taken place. Mr. Thacker stated he does not feel Councilor Martin' s motion is inconsistent with what Councilor Thompson has said, stating that one of the solutions may be what the City Manager and City Attorney have recommended. He feels it deserves a full study. Councilor Thompson stated whether we want to continue to lease lots or to restrict those lots to what we have, or whether 50 Item 8b, cont'd. we want to ask the citizens to pick up the tab for the lots, these are some of the things the citizens need to hear as to which direction we will go. He again addressed what he thought this resolution was for. Mr. Berzina stated that we have spent many meetings going over this. We are down to the last piece of the puzzle. We have addressed all other situations. He noted maps which show the lots which could be re-leased. He addressed that some people want to get the lot that is next to them. He believes this ordinance can be passed, and if a committee is needed they can also go with that. He suggested a committee to start looking at Kickapoo. If the lots go back to the natural it will help the water supply. ki52. Councilor Farabee felt we need to press on with this. He suggested that the Mayor appoint a standing committee to study Kickapoo and Arrowhead. Councilor Hughes agreed with this approach, stating we can accomplish both tasks with this. Councilor Hawkins commented that he had contacted the Mayor before the election that this kind of committee is needed. Mayor Lam stated he did not think the committee was needed then, and he does not think it is needed now. Councilor Hawkins suggested that the lots not be re-leased until the committee has reported back to the Council. Councilor Martin stated that what j has been proposed is not acceptable to him, and a longer delay does not hurt, but will enhance the situation. Councilor Hughes feels there is some confusion as to what this proposal says because he does not understand it as Councilor Martin does. Mr. Humbach addressed the contents of the resolution, stating the only thing new in this resolution is to provide for re-leasing lots in our inventory, but not to include leasing for residential purposes. The Council will decide terms and conditions. Councilor Hughes stated we need to have something in place until we see what the committee will recommend. If nothing is put in place, we will have to handle these on an individual basis. Councilor Martin addressed a situation where the lessee lets his lease expire. Mr. Berzina stated they could jump to a new lease. Mr. Humbach also stated they could go to a second generation lease. The ones which are presently leased can be re-leased again. Mr. Berzina explained that the Council is the body who establishes policies. He stated we have dealt with every issue except this one. The Council has made it much easier for the staff to address these situations. His is only a recommendation to hang on to these lots for gardens. Moved by Councilor Hughes that the blank spaces in Section 1 of the Resolution be completed by inserting $120.00 for an annual fee, and that the term of lease be five years. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Mayor Lam instructed the staff to begin taking applications for a committee composed of no less than seven, nor more than twelve members to study the water supply and recreational issues of Lakes Arrowhead and Kickapoo. 51 Item 8c RESOLUTION NO. 82-92 A RESOLUTION ENDORSING THE MASS TRANSIT PROJECTS FOR FISCAL YEAR 1993 , AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS Moved by Councilor Hughes that Resolution No. 82-92 be passed. Motion seconded by Councilor Martin. Mr. McKinney and Mr. Parker addressed notification requirements. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8d RESOLUTION NO. 83-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO THE STATE OF TEXAS FOR ANY INTEREST OWNED BY THE CITY IN A DRAINAGE EASEMENT ACROSS A PORTION OF J. R. COOK SURVEY, ABSTRACT NO. 40; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 83-92 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 Item 8e RESOLUTION NO. 84-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE WICHITA COUNTY HERITAGE SOCIETY ACROSS A PORTION OF EIGHTH AND NINTH STREETS FOR THE INSTALLATION OF RAILROAD TRACKS AND FENCING 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 Hawkins that Resolution No. 84-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. 52 Item 8e, cont'd. Ayes: Mayor Lam, Councilors Farabee. Loughry, Thompson, Hughes, Martin,and Hawkins Nays: None Item 9a RESOLUTION NO. 85-92 RESOLUTION FOR THE AWARD OF BID TO ZACK BURKETT CO. FOR THE 1992 MILL AND OVERLAY PROJECT Moved by Councilor Hughes that Resolution No. 85-92 be passed. Motion seconded by Councilor Martin. Councilor Hawkins asked if change orders were expected, and Mr. Bonnett stated that rarely do they have any construction projects which do not incorporate change orders. They do not foresee any in this project or they would have been incorporated. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9b RESOLUTION NO. 86-92 RESOLUTION TO AWARD BID FOR WATER FILTER MEDIA TO NORTHERN GRAVEL CO. Moved by Councilor Hughes that Resolution No. 86-92 be passed. Motion seconded by Councilor Martin. Mr. Bonnett answered questions posed by Councilor Hawkins regarding the filter system. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson Hughes, Martin, and Hawkins Nays: None Item 9c RESOLUTION NO. 87-92 RESOLUTION TO AWARD BID FOR VACUUM TRUCK SERVICES TO IMC CO. Moved by Councilor Thompson that Resolution no. 87-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. 53 Item 9c, cont'd. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 88-92 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE NORTHEAST DRIVE DRAINAGE PROJECT Moved by Councilor Hughes that Resolution No. 88-92 be passed. Motion seconded by Councilor Martin. Councilor Loughry asked about a 25-foot setback stake for a person on Northeast Drive, and Mr. Bonnett expressed concern about providing boundary services to a private citizen. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10b RESOLUTION NO. 89-92 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR HOLLIDAY CREEK INTERCEPTOR PROJECT Moved by Councilor Hughes that Resolution No. 89-92 be passed. Motion seconded by Councilor Martin. Mr. Berzina reported on this item, stating they discussed it with the contractor, and he became convinced that $110 was a valid price for curb and gutter and a street with hot mix capping. The City suggested $111 and $115 , ; but the contractor did not want to do it for more than $110. He recommended that the Council accept the change order. Councilor Hawkins asked about estimates on Puckett Road to get it paved. Mr. Bonnett addressed the differences between Puckett Road and the item discussed here. The motion 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: 10 a.m. Item 11 Mr. Berzina reviewed the prior discussion on the multi- purpose events center, stating that at this meeting a financing 54 Item 11 , cont'd. report was requested for the City' s portion. He explained that 25 million dollars was needed, with 9 million each from the City and County, and 7 million from the private sector. It could be financed by either bonds or certificates of obligation. Costs for both are essentially the same over a 20-year period. To lower the cost of a tax increase they could use security or fund balance to help finance the project. A shortfall of $4,100 , 000 would need to be financed over 20 years with an annual payment of $369,000. The cost to finance 4. 1 million would require a property tax increase of 1. 65 cents. Revenue and increases from the West Texas Utility fund could be structured in combination with equity or tax increase to pay the City' s share of the cost. Mr. Humbach addressed reversionary use of some of the properties in the area, stating this is a project for a public purpose. Mr. Berzina stated that he feels good about this proposal. It would cost us some lost interest funds of about $100, 000 per year. They feel like it is like priming the pump to get the economy going. Councilor Hughes and Mayor Lam agreed with the City Manager ' s recommendation. Mayor Lam noted that a public forum would be held at the Activity Center on May 26, at 7:00 p.m. If the hearing is favorable he feels this is the course of action they will follow. Councilor Thompson feels the citizens would go along with this in that they will see something tangible for the city. The report was accepted by the Council as the City' s official position as how we would approach our portion of the financing of this center. The public was welcomed and urged to attend on this date. Item lla Giola Ozuna, 1309 Giddings, urged the Council to allow them to have a garage sale more than four times a year. She hoped the ordinance could be altered to allow them once a month. Item llb Councilor Loughry asked about the status of Holliday Creek, and Mr. Bonnett stated that construction should be started at the beginning of fall. The portion of the sanitary interceptor is being done under a loan from the state revolving fund. He also asked about ridership on bus routes, and Mr. Parker explained that he would get a report to him. Councilor Martin welcomed Roy Bowling back to the meeting. He also asked about paving and drainage under CDBG funds. Mr. Bonnett stated they should be getting it out in about 30 days. Councilor Hughes asked about ordinances on alleys establishing speed limits, loitering, etc. Mayor Lam appointed Councilors Hughes and Martin to work with the Legal Department and staff on this. Councilor Farabee requested a library report on the capital campaign. Mr. Dockery explained that they have completed their 55 Item llb, cont'd. fund raising campaign, and have raised $68,000. They will need to take this into consideration in this year' s budget. Councilor Hawkins asked about the problem along Ridgeway. It was pointed out that it is being worked on, and they will be getting with the legal staff on a loitering ordinance. He also mentioned an area where concrete was being painted. Councilor Thompson echoed the comments made by Councilor Hawkins, and again asked about Red Fox. Chief Harrelson confirmed that it is part of the spin-off on this. He stated it is not against the law to stand around, and that is what is happening in these two locations. He mentioned other problems being addressed. Councilor Thompson mentioned a piece of pipe in a culvert at Ben Donnell Housing Project park which poses a possibility of injuries. I Councilor Thompson suggested that planning be begun to preserve as many of the houses as possible which are located in the area of the proposed multi purpose events center. Mr. Berzina noted that this is very compatible with his desire and the new program. Councilor Hawkins read a letter from Bob Puckett, dated May 12 , 1992, regarding a private road which he had offered to donate to the City. He submitted the letter for further consideration by the Council. Mr. Berzina noted that development costs would amount to $343 ,000. Councilor Hawkins stated this road was once maintained by the County. Councilor Loughry noted complaints about the bus route inside Sheppard Air Force Base. Br. Parker stated he will check on it. Assistant City Manager Jim Dockery announced the arrival of a new baby boy in their family. Item llc Mr. Berzina handed out various reports to the Council. He also stated that we have been approved for funding for Kickapoo Airpark study. They will make contact with FAA, and proceed with the study. Mr. Berzina asked the Council if they wanted to proceed with a grant for seat belt enforcement. Chief Harrelson explained the program, stating they would be using off-duty officers, and pay them overtime through the grant. The Council agreed that they should proceed with the grant. Councilor Martin suggested a report on injuries during this period. Councilor Thompson stated that people do not want this intrusion in their lives to raise revenue. He noted the importance of using seat belts. 56 Item lld The City Council recessed into executive session at 11: 10 a.m. , according to Article 6252-17, Section 2(g) , V.A.C.S. The meeting reconvened at 11: 43 a.m. Item 11f Moved by Councilor Hughes that Wayne Tarkington, Patricia Taylor, James McIntyre, Jerry Hampton, Dixie Price, Eugenia Tickle, Betty Brown, and Sylvia Arnett be reappointed to the Commission on Aging, and that Bert Davenport be appointed to replace Gloria Mezzo, all for terms to expire May 31 , 1994 . Motion seconded by Councilor Hawkins, and carried unanimously. Item llg Applicants are needed for the Aviation Advisory Board. Councilor Thompson requested that citizens from District 2 apply for this board, and Councilor Hawkins asked for District 5 volunteers for all commissions. Item lli Mayor Lam announced the appointment of Larry Gillen as Municipal Judge for the next two years. The meeting adjourned at 11 :4 5 a.m. m. ? t PASSED AND APPROVED this the �1^ day of 1992. Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk