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Min 04/21/1992 4 17 Wichita Falls, Texas Memorial Auditorium April 21, 1992 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in called 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 - Don Kirkham - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk Paul Hughes - Absent The invocation was given by Ray Miller, Central Baptist Church. Colonel Hans Trommler, Senior Representative of the German Air Force, presented a plaque to Mayor Lam, recognizing the Sister City status with Fuerstenfeldbruck and Wichita Falls. He also presented the flag of that city to the Mayor. He noted the participation of a group of soccer teams from Germany with our team here in Wichita Falls, Mayor Lam expressed appreciation to Colonel Trommler for these gifts to our city. Councilor Martin suggested that the Mayor appoint a committee to consider designing and adopting a flag for the City of Wichita Falls. Proclamations were presented for National Organ and Tissue Donation Awareness Week and Disability Awareness Week. Item 3 Moved by Councilor Thompson that minutes of the meeting held April 7, 1992, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Items 4a-5c Items 4a-d were moved to the regular agenda. 18 Items 4a-5c cont'd. Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Item 5 Minutes of the meetings of the following boards and commissions were received. a. Park Board - March 26, 1992 b. Civil Service Commission - March 25, 1992 C. Aviation Advisory Board - March 31 , 1992 Item 4a Moved by Councilor Kirkham that the bid for one 35,000 GVW cab over, cab and chassis, be awarded to Hodges Truck Center in the amount of $55 , 860. Motion seconded by Councilor Thompson. Robert Parker explained to Councilor Kirkham the equipment which this replaces. The motion carried unanimously. Item 4b Moved by Councilor Martin that the bid for one 52 ,000 GVW truck tractor be awarded to Hodges Truck Center, Inc. , in the amount of $67, 631.25. Motion seconded by Councilor Kirkham, and carried unanimously. Item 4c Moved by Councilor Martin that the bid for one 50 ,000 GVW cab and chassis be awarded to Hodges Truck Center in the amount of $41, 471. 55. Motion seconded by Councilor Kirkham, and carried unanimously. Item 4d Moved by Councilor Thompson that the bid for two 35,000 GVW cab and chassis be awarded to R. L. Anderson, Inc. , in the amount of $108 ,596. 16. Motion seconded by Councilor Kirkham. Mr. Parker responded to the questions posed by Councilor Kirkham concerning the packing unit and their use in recycling. 19 Item 4d, cont'd. Mr. Bonnett also explained that a different kind of unit would be needed. The motion carried unanimously. Item The final public hearing was held on the Comprehensive Housing Affordability Strategy. Mr. Dockery explained this is a new requirement of the federal government which replaces the three year housing assistance plan. This plan identifies both needs and potential resources to meet these needs. The City has an ample supply of existing housing in the area. Some of this money will be used for down payments to allow more people to get into the program. There is still a long waiting list for this service. Councilor Farabee asked how he sees Habitat for Humanity and Jerusalem Development Corporation working in this? Mr. Dockery explained that they fall into the guidelines, and they hope to work with them in this program. Mayor Lam asked about the possibility of the City becoming a contractor, and Bob Henderson stated they provide funding to individuals or investors or groups, and the people select their own contractors. The City does not presently contract with contractors themselves, and they do not plan to do so in the future. Mayor Lam opened the hearing to others in the audience, but none desired to be heard. Councilor Martin asked where it will begin taking place, and Mr. Henderson stated they will use the census information to see where it is needed. They will first identify the areas where the bulk of these people are located. The public hearing was closed. Item 7a ORDINANCE NO. 30-92 ORDINANCE WAIVING SECTION 18-49 OF THE CODE OF ORDINANCES IN ORDER TO VOID THE ASSESSMENT OF MOWING COSTS AND RELEASE OF LIEN ON PROPERTY LOCATED AT 205 BROOK STREET. Moved by Councilor Kirkham that Ordinance No. 30-92 be passed. Motion seconded by Councilor Thompson. R. W. Wiist, 900 Reynolds Lane, mentioned six mowings in December, and the notice was sent to the wrong address. Mr. Berzina explained that they are hearing the term mowing when it also involved debris and cleaning of the lot. The Department of Human Services paid $800 of the $900 plus bill. Mr. McKinney stated that Adult Protective services paid all but $150 of it. They demolished the property in April, 1991, The demolition and cost of the dirt need was assessed to the property. They had it mowed in May, 1991, and placed a lien on it. Only $157 constitutes the mowing lien. Mr. Wiist felt that Human Resources should have paid all of it since they took it on their own. Councilor Thompson believes that Mr. Wiist' s charges of $157 will be enough. 20 Item 7a, cont'd. Giola Ozuna commented on tax dollars being used to take care of private property. Mayor Lam noted that we do this for health and safety of our citizens. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Martin, and Kirkham Nays: Councilor Farabee Item 7b ORDINANCE NO. 31-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS CLOSING AND ABANDONING A PUBLIC SANITARY SEWER LINE LOCATED IN BLOCK 1, LOUETT ADDITION TO THE CITY OF WICHITA FALLS, TEXAS; 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 Ordinance No. 31-92 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 7c ORDINANCE NO. 32-92 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON AIRPORT DRIVE ADJACENT TO THE SOUTH LINES LOTS 1, 2 , 3 , AND 4, BLOCK 4, FOOD LION AIRPORT ADDITION Moved by Councilor Kirkham that Ordinance No. 32-92 be passed. Motion seconded by Councilor Thompson. Scott McCreary appeared for JEM Development, Inc. , requesting waiver of sidewalk improvements, stating they would later be willing to participate in it if required. Discussion of the procedure of depositing money for this purpose continued. Mr. McCreary stated that the project does not hinge on whether or not the waiver is granted. They would, however, rather spend the money when the road is developed. Mr. Berzina emphasized that we need to look at what we have to do to get to the development in an orderly way. The motion carried by the following note. Ayes: Mayor Lam, Councilor Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None 21 Item 7d A proposed ordinance was presented waiving Appendix A, Subdivision Section 9(B) ( 2) (a) of the Code of Ordinances with respect to placing a curb and gutter on Airport Drive adjacent to the south lines of Lots 1, 2, 3 , and 4, Block 4 , Food Lion Airport Addition. A motion was made by Councilor Kirkham and seconded by Councilor Martin, for its passage. Mr. Bonnett explained that the bar ditch would be filled, and the water would run in the curb and gutter section. He would not see much grade change unless the street is widened. The motion failed by the following vote. Ayes: Mayor Lam and Councilor Martin Nays: Councilors Farabee, Loughry, Thompson, and Kirkham Item 7e ORDINANCE NO. 33-92 ORDINANCE MAKING AN APPROPRIATION FROM THE SANITATION FUND EQUITY FOR THE PURPOSES OF PAYMENT OF A STATE MANDATED SOLID WASTE ADMINISTRATIVE FEE Moved by Councilor Kirkham that Ordinance No. 33-92 be passed. Motion seconded by Councilor Martin. Mr. Bonnett explained there is intensive pressure to raise the cost of landfilling. The state and federal are pushing for recycling to make it look as cheap as landfilling, according to Mr. Berzina. Councilor Martin commented that these are federal and state mandates; not the City. Councilor Farabee stated it appears we are not gearing up for recycling, and we are being forced into it. Mr. Bonnett noted it is a question of dollars. It is very expensive. The misinformation that is out there is that recycling saves money. That is not true. Councilor Kirkham pointed out that individually we have to come up with ways to reduce our household waste. Perhaps a heavy fine could be assessed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 7f ORDINANCE NO. 34-92 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Martin that Ordinance No. 34-92 be passed. Motion seconded by Councilor Thompson. 22 Item 7f, cont'd. Tom Edmondson explained that this grant money can only be used for insurance purposes for HIV care. They must have insurance and not be working. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 7g ... ORDINANCE NO. 35-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING SECTION 22-91(e) OF THE CODE OF ORDINANCES SO AS TO AUTHORIZE THE SALE OF CONCESSIONS BY PRIVATE RENTERS OF THE SOFTBALL COMPLEX; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A REPEALER CLAUSE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Farabee that Ordinance no. 35-92 be "'0, passed. Motion seconded by Councilor Kirkham. Jack Murphy explained that this will allow a weekend renter to pull up a trailer and the City receive sixteen percent of the gross sales, or the City would operate the concession stand and pay the renter fifty percent of the net profit. Jerry Walker, 4703 Reginald, noted that no tournaments are now being played in Wichita Falls. All they are asking is for the opportunity to share some of these proceeds with the City. They are asking that it be tried for this season to see if it will work. He noted his participation in the softball program since the 19701s. He is also a former member of the Park Board. He commented that after the complex was built, a lot of economic changes came which affected the ability to get these tournaments, but he believes this will be an opportunity to see if they can get teams to come here for tournaments. Councilor Martin asked for Mr. Walker' s recommendation on the method of payment, and he responded that some organizations have the manpower to handle their own, and for those the sixteen percent would be better. Councilor Kirkham emphasized that we need to think about a method of enticing tournaments in Wichita Falls. There is one scheduled next week in Tesco Park. Tournaments are brought in by different organizations. He stated we are over protective of this complex built for our city. It sets out there five to seven weekends a year not doing anyone any good. We need to do something to promote activity in the complex. There are ten to twelve weekends for which it could be used. Councilor Martin expressed that he believes it will benefit the entire town even though it is subsidized by the City. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None 23 Item 7g, cont'd. The City Council recessed at 10: 10 a.m. and reconvened at 10: 35 a.m. Item 8a RESOLUTION NO. 66-92 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM OF CORRPRO COMPANIES, INC. FOR ELECTRICAL SURVEY OF LAKE ARROWHEAD RAW WATER TRANSMISSION PIPELINE Moved By Councilor Thompson that Resolution No. 66-92 be passed. Motion seconded by Councilor Martin. Councilor Martin inquired concerning bids on a contract of this size, and Mr. Berzina explained this is done under the state law of professional services, and proposals are taken. No bides are needed on this. Mr. Bonnett addressed galvanic corrosion, stating they are attempting to go in with an electrical survey to try to determine activity, which if found, they will go after it and repair the lines before they break. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 8b RESOLUTION NO. 67-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DECLARING PROPERTY AT 912 CEDAR STREET AS EXCESS AND APPROVING SALE TO ADJACENT OWNERS. Moved by Councilor Martin that Resolution No. 67-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 8c RESOLUTION 68-92 RESOLUTION APPROVING EIGHT AMENDMENT WITH HCR CAR RENTALS AND EXTENDING THE LEASE EXPIRATION DATE UNTIL APRIL 30, 1992 Moved by Councilor Martin that Resolution No. 68-92 be passed. 24 Item 8c, cont'd. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 8d RESOLUTION 69-92 RESOLUTION APPROVING EIGHTH AMENDMENT WITH M & M RENTAL SERVICES, DBA NATIONAL CAR LEASING FOR LEASE OF SPACE AT WICHITA FALLS MUNICIPAL AIRPORT Moved by Councilor Martin that Resolution No. 69-92 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item 9a Moved by Councilor Martin that the bid for two 27 cubic yard hand loading packer bodies be awarded to Davis Truck and Equipment in the amount of $57,110. Motion seconded by Councilor Kirkham, who confirmed that there is no recycling ability to these packer bodies. The motion carried unanimously. Item 9b Moved by Councilor Martin that the bid for one 29 cubic yard side loading packer body be awarded to Davis Truck and Equipment in the amount of $32,880. Motion seconded by Councilor Kirkham, and carried unanimously. Item 9c Moved by Councilor Thompson that the bid for one portable air compressor be awarded to Cessco Rental and Sales in the amount of $10,564. Motion seconded by Councilor Martin, and carried unanimously. 25 Item 10a RESOLUTION 70-92 i RESOLUTION TO ACCEPT LAKE KICKAPOO DAM IMPROVEMENTS PROJECT AS COMPLETE AND CONFIRM FINAL PAYMENT TO CONTRACTOR Moved by Councilor Martin that Resolution No. 70-92 be passed. Motion seconded by Councilor Kirkham. Mr. Bonnett explained that the work is satisfactory, and the City will take over maintenance from this point. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: None Item lla Discussion was held on a possible recycling program for yard clippings. Curtis Smith, of Smith' s Gardentown, addressed a possible composting program for the City. He stated that he sees it as a partial solution to the problem, and would remove yard waste from the garbage train. They would be placing it in bins at a cost to the City. He noted there are few markets available for paper, glass, etc. , and with very little return. He discussed various methods of implementation used for recycling. They propose to place bins strategically over the City for recyclable materials, which hopefully will be used properly. Composting can begin with leaves and grass. It is more effective if small limbs are also used. It can take anything from a few months to a year. He advised a slower process. This project is labor intensive. Properly done, it is not an inexpensive process. The end product would be only twenty to twenty-five percent of the beginning. He feels the most effective way is to dump the leaves and grass on one side of the transfer station and transfer it into a truck to be brought to a dumping site. Another method would be a special pick-up date only for grass clippings. If there had to be an additional charge you would see more people going to their own composting system. He stated he would use a low tech approach. If the City furnished a chipper it would help. He stated he is already picking up a load of sawdust daily from one business. It is a multi-million dollar project. He noted that some of the programs take more paperwork than money, and are not very practical to look at under state grants. He suggested if they are interested they may want to get with Mr. Bonnett for a pilot program. Councilor Martin stated he would like to see this subject pursued, and feels it would be a great savings in our landfill. Mayor Lam confirmed that the process would involve mixing leaves, grass clippings, and limbs, along with loam soil, and it takes about a year for it. Councilor Martin noted it is being used on football natural fields. Councilor Kirkham stated he was encouraged that Mr. Smith is willing to step into this. He hopes we can work something out to get him started. Mr. Berzina complimented his report as one of the most well done and documented reports he had heard on this subject. 26 Item lla, cont'd. Mayor Lam and Councilor Martin requested Mr. Smith and Mr. Bonnett to work on a plan to get it started as a pilot program. Item 11b Mayor Lam explained that two weeks ago the Council addressed Lake Arrowhead leases which have not been renewed in 1992 for the second twenty-five year option. Today they will be looking at leases which for some reason have not been paid, and which have lapsed for non-payment. The staff has presented a second generation Lake Arrowhead lease for consideration. He stated that the floor is open for presentation of new information. .. James Kellett stated he had seen the proposal suggested by the staff. He felt the sums of $85. 00 and $100. 00 per month were too high, along with the option to address it every five years. He stated at one time the City came up with a lease of $200 , and some of them are at the amount of the Clay County tax rolls on the land only. We recommended the Council not accept the proposal before them. look Mr. Berzina stated there has been no vote on the staff, but Iwo since it is no longer in the City we have costs inside and outside the City. It is our duty to raise some of these costs to the people who live out there. We cannot fence it off and not have it out there. This City would be best served if there were no houses out there. It is a water resource first. There is no conspiracy to run everyone away out there, yet we need to find a way to recover some of our costs. There is far more money put out there than comes in. Gene Shearman, Star Route, Henrietta, stated he owns his own property at Lake Arrowhead. Most of the people who use the property at the lake live in Wichita Falls. He stated that the second use of the lake was for recreation. The first was for water. He feels these people have been discriminated against, stating that Kickapoo has not been addressed. Gene Goodier stated he hopes the Council does not vote for this lease; He stated he was not part of the lawsuit, but feels he is being penalized because of it. Up until his lease lapsed he was paying $48. 00 a year, and he could never sell it when they could go down the street and buy another one for $48 . 00. Virgil Wilson, 4645 Brookdale, stated that his taxes have gone to pay for this lake. He stated that the Council is made up of reasonable men, but this proposal he read about in the paper is unreasonable. Mayor Lam commented that they have not adopted any proposal yet. Councilor Kirkham stated he would like to see us deal with those today whose leases have lapsed for non-payment when notices were not sent. He feels they should be allowed to bring their lease up to date. Mayor Lam agreed that the men who sat here previously wanted the lake for recreational purposes. The City Manager is also right that we will soon have to take a look at this. There are new regulations which we have no control over. He also agrees that we need to resolve it. There will be another group of people who will have another situation. He also believes people have an obligation to read their leases. We have no obligation to notify them, but we also remember the lake was for recreational purposes. Moved by Mayor Lam that those who have let their lease lapse because of whatever reason that those people come back in 27 Item 11b, cont'd. and bring their lease up to date under the old present lease payment schedule and then re-lease for a $150 inspection fee to make sure the property is up to date and re-lease for $360 a year. Motion seconded by Councilor Thompson. An amendment was made by Councilor Farabee that the 75 ' lots lease for $300 a year, and the 100 ' lots lease for $360 a year. The amendment was accepted by Mayor Lam. Councilor Loughry read a statement opposing the proposed lease. He suggested a fine for late payment and go forward. Councilor Martin stated we only have two people who have come before this Council whose leases have expired, and he feels these are the only two they need to address. He feels they should be permitted to continue their lease under the old terms and pay back what is due and continue under the original rate, and he would not be opposed to them paying an inspection fee to get that done. He does not support the present proposal which has been presented. He suggested a new lease be drawn up for others in the future. Discussion continued with Mr. Berzina stating that the City is stuck with a situation of paying $300,000 for the roads out there. Conditions have changed on both sides of this lease, and we have the opportunity to try to recover some of these costs out there. Mr. Berzina stated they have come up with an environmental list for inspection, basically staying out of the house. Mr. Humbach stated we have to be consistent with all lessees. Councilor Kirkham amended the motion to include those leases which are no more than two years delinquent in payment. The motion was seconded by Councilor Farabee. The motion failed by the following vote. Ayes: Mayor Lam, Councilors Farabee and Thompson Nays: Councilors Loughry, Martin, and Kirkham Moved by Councilor Kirkham that the same conditions apply except that the rates be set at $200 and $260 per year. Motion seconded by Councilor Farabee. Mr. Berzina emphasized that if they drop it that low they should place an escalator clause in it for five or ten years to follow the CPI. Councilor Thompson expressed concerns about causing more problems for the present and future councils. The motion failed by the following vote. (' Ayes: None Nays: Mayor Lam and Councilor Loughry Moved by Councilor Loughry that the leases be left as is, and charge a $150 inspection fee. The motion died for lack of a second. The City Council recessed at 12: 15 p.m. , and reconvened at 2: 15 p.m. Moved by Councilor Kirkham that we allow an amnesty period for those who have not renewed their leases from May 1, 1990 to May 1, 1992, and allow them to renew the lease at the same rate if they catch up back payments and pay a late fee of $10. 00 for 28 Item llb, cont'd. each month they were overdue. After May 1, 1992, they do not meet the requirements and will have to renew with a new lease. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Councilors Loughry, Thompson, Martin, and Kirkham Nays: Mayor Lam (Councilor Farabee was absent from the Council table. ) Moved by Councilor Kirkham that review of a new Lake Arrowhead lease be tabled until the next council meeting. Motion seconded by Councilor Martin, and carried unanimously. Item llc Councilor Farabee returned to the Council table. Steve Stone, General Manager of Wichita Valley Water Supply Corporation, discussed an error that needs to be addressed in their Certificate of Convenience and Necessity. Certain areas were not included on the Water Commission map, but they have been served since 1976 . No new areas are included. The staff was directed to amend the Certificate. Item lld Gayla Morris and Jerry Nabors, representing the Wichita County Heritage Society, requested $20, 000 from the City of Wichita Falls for the Railroad Museum project. They have received $54,000 in donations at this time. Mr. Nabors explained that the Heritage Society will own the track and fence. The Council agreed to have it ready to approve at the next meeting. Mrs. Morris expressed appreciation for their support. Jesse McCullough stated he had failed to pay his lease at Lake Kickapoo last year, and requested that he be permitted to pay the late lease. Mrs. Thomas noted that she had discussed this with Mr. McCullough, explaining that the Council will be studying Lake Kickapoo at a later date. The Council authorized him to make a late payment. M. D. Mitchell, an Eastside resident, expressed his concern over drugs in our city, and the arrogance of young people. Councilor Thompson commented that he is not ready to write them off, stating there will be better days. Gene Robinson, 4504 Ernest Circle again spoke of his complaint about the flea market problem at Seymour Highway and Barnett Road. Mayor Lam explained that our hands are tied on what we can do except to monitor it. Mr. McKinney stated it is an outdoor business in a heavy commercial zone. 29 Item lle Councilor Loughry asked about a traffic signal on Monroe Street. Mr. Berzina explained that lights are not installed for nostalgic purposes, but that he will check it out. Councilor Martin encouraged citizens to vote on May 2. Councilor Kirkham commented on the presence of a police officer when needed, and also commended the firefighters on doing a good job in action. Mayor Lam asked if the Police Department had looked into the situation of Blanche Walton on Marconi, and it was stated that steps have been taken to alleviate the problem. On other problems previously mentioned on drainage on Abby Street, Mr. Bonnett stated a memo is coming. He also asked about practice areas for golfers in Jaycee Park. Mr. Berzina explained that the East end of Hamilton Park has been designated for this purpose, and we have other practice ranges. Item llf A report was handed out to the Council by Mr. Berzina concerning drainage problems. Items llg and h were tabled. The City Council adjourned at 3 : 30 p.m. PASSED AND APPROVED this day of Aee- , 1992 . Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk