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Min 10/15/1991 793 Wichita Falls, Texas Memorial Auditorium Building October 15, 1991 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 - Don Kirkham - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Jim Goodwin, St. Mark' s United Methodist Church. A proclamation was presented by Mayor Lam for Crime Prevention Month. Mayor Lam introduced Burgermeisterin Eva-Maria Schumacher and Deputy Burgermeister Adolph Wirth from Furstenfeldbruck, Germany. A presentation was made to them with a proclamation and a picture of the Falls. Item 3 Moved by Councilor Thompson that minutes of the meeting held October 1 , 1991 be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Item 4 Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried unanimously. Minutes of the meetings of the following commissions were received. a. Human Relations Commission - September 24, 1991 b. Arts Commission - October 2, 1991 794 Item 5a ORDINANCE NO. 96-91 AN ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 2 AND SECTION 3 OF ORDINANCE NO. 1347, SO AS TO PROVIDE FOR QUARTERLY CALENDAR REPORTS AND FRANCHISE PAYMENTS FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS IN THE CITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hughes that Ordinance No. 96-91 be passed. Motion seconded by Councilor Martin. Councilor Kirkham confirmed that Lone Star Gas Company is in agreement. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None A Item 6a RESOLUTION NO. 162-91 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 Martin that Resolution No. 162-91 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thomspon, Hughes, Martin, and Kirkham Nays: None Item 6b RESOLUTION NO. 163-91 RESOLUTION APPROVING CITY MANAGER' S SIGNATURE ON AMENDMENT TO TEXAS WATER COMMISSION PERMIT NO. 5152 Moved by Councilor Hughes that Resolution No. 163-91 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None 795 Item 6c RESOLUTION NO. 164-91 RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT WITH U. S. WEST PUBLIC SAFETY GROUP FOR SOFTWARE SUPPORT FOR POLICE DEPARTMENT Moved by Councilor Martin that Resolution No. 164-91 be passed. Motion seconded by Councilor Kirkham. Chief Harrelson explained the uses for this system, and Pam Rogers noted that support for enhancements and upgrade of this system is included. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 6d RESOLUTION NO. 165-91 RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO CONTRACT WITH DIGITAL EQUIPMENT CORPORATION FOR MAINTENANCE OF COMPUTER HARDWARE IN THE POLICE DEPARTMENT Moved by Councilor Martin that Resolution No. 165-91 be passed. Motion seconded by Councilor Hughes. Pam Rogers explained that this is a maintenance agreement for the old equipment, and it covers all parts and labor. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham I Nays: None Item 6e RESOLUTION NO. 166-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-ANNEXATION AGREEMENT WITH B. W. SINCLAIR, INC. Moved by Councilor Hughes that Resolution No. 166-91 be passed. Motion seconded by Councilor Thompson. Mr. Berzina explained the background behind this request, and the need for a non-annexation agreement. This agreement is based on a first generation non-annexation agreement. They do not agree on the fixing of the appraised value. The staff recommends it be based on the assessed value each year. 796 Item 6e, cont'd. Don Short, 4520 Taft, stated that their only reason to freeze it at the 1991 value is the certainty that they will know what they will pay each year. Mr. Sinclair will be better able to make his projections. They do not agree with the City resolution that requires non-annexation agreements. They are not contesting annexation. Councilor Martin did not oppose freezing the valuation for 1991 . He stated that he does have a problem with building new buildings, so that we can be consistent with other entities. Councilor Hughes expressed a concern about freezing values for the entire term of the agreement. He is concerned about being inconsistent with other agreements with other entities. All of us would like to know with certainty the amount of our taxes. Moved by Councilor Hughes that the second sentence of Paragraph 7 be amended, as follows: The appraised value of the existing land, existing buildings, and other existing improvements, existing machinery, and existing equipment, shall be on the basis of the January 1, 1991 appraised value made by the Clay County Appraisal District throughout the contract. The appraised value of the inventory shall be determined in the era same manner that the inventory of other firms in the County are appraised by the Clay County Appraisal District, less the freeport exemption if legally available. Such payment in lieu of taxes shall be paid within 30 days of January 1 of each year of the contract. Motion seconded by Councilor Martin. Councilor Kirkham confirmed that this allows each year inventory. It freezes the existing, but allows for adding something in the future. Councilor Thompson favored it conforming with other agreements, stating he would not want to freeze it for each year. The motion to amend carried unanimously. The motion for passage of Resolution No. 166-91, as amended, carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 6 f RESOLUTION NO. 167-91 RESOLUTION OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A DEPOSITORY CONTRACT WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT; 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. 167-91 be passed. Motion seconded by Councilor Martin. William C. Young, 1018 Widows Lane, asked for an explanation of this contract. Mr. Berzina stated that school taxes would still be paid here, but they would have their own assessor/collector. 797 Item 6f, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7a Michael Healey, 2926 Kyle Cove, complained about late night noise from the music inside Shenanigan' s Nightclub on Southwest Parkway. Mr. McKinney noted they are in compliance with Zoning. Mr. Humbach stated that this and other complaints have been reported to the owner, and he has been very cooperative in trying to work with the property owners. The legal staff has not concluded that there is unreasonable noise, but will continue to work with the owner. He was referred to Mr. Finley in the legal office to provide information on thirteen reported residences which stated the noise is too loud for them. Item 7b Councilor Loughry noted numerous phone calls from City employees regarding who will be eligible for a nine and one-half percent pay increase. Mr. Berzina asked Councilor Loughry to refer those calls to the Personnel Office. Councilor Loughry had questions about the overlay final payment, Rosewood Street, bus grant and a refund on gas taxes. Councilors Martin and Hughes suggested that he put his questions in writing to the City Manager for clarification. Mayor Lam suggested that if a Council member reacts to a rumor or information from employees who do not have the full data, that the full facts of the matter be acquired before it is brought to the Council. It is unfair to the staff to bring these things to them cold. Mr. Berzina offered that anytime Councilor Loughry has information he would also like to have it, and encouraged him to come to his office about it. If there are problems, corrective action can be taken. He encouraged him to visit with him, and they will get to the bottom of it. Councilor Martin noted a visit from our sister city. Italy also desires a sister city relationship with us. They will also have two concert pianists in recital at Akin Auditorium on November 8, at 8: 00 p.m. It is free and open to the public. Councilor Hughes noted open house Friday and Saturday at Sheppard Air Force Base in observance of their 50th anniversary. Councilor Kirkham and Mayor Lam echoed his comments in urging participation by the citizens. Councilor Thompson asked about the policy of Animal Control after hours. He had received a call concerning a skunk bite to an animal. Mr. Berzina stated he will get the information to him. 798 Item 7b, cont'd. Wayne Tarkington, 4520 Westward, complimented the newspaper for publication of the history of Sheppard Air Force Base. He invited all to see the museum at Sheppard of collections which have been received. It will be open Friday at noon to the public. Mr. Berzina commented on Mr. Tarkington' s regular attendance at Council meetings throughout the years. Nothing was presented under Item 7c. Item 7d The City Council recessed at 9: 45 a.m. for fifteen minutes, and moved immediately after that into executive session according to Article 6252-17, Section 2(g) , VACS. The meeting reconvened at 1: 00 p.m. Mayor Lam explained that there have been technical difficulties in the recording and replaying of the Council meeting involving audio and video problems caused by a power outage. He apologized for any disruptions. Item 7e Moved by Councilor Kirkham that the following be appointed to the Cable Advisory Committee. a. Charles Thomas b. Mrs. Paul Wheeler c. Richard Lewis d. Dr. June Kable e. Dr. Alex Campbell Motion seconded by Councilor Hughes, and carried unanimously. It was noted that three remaining appointments are needed. The City Council adjourned at 1: 05 p.m. w PASSED AND APPROVED this the __-tK-/ day of 7 y , 1991 . Michael Lam, ayor ATTEST: i ilma J. Th mas, CMC/AAE City Clerk