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Min 10/04/1983 290 Wichita Falls, Texas Memorial Auditorium Building October 4, 1983 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in regular session on the above late in the Council loom of the Memorial Aulitorium Building at 8:30 o'clock A.M. , with the following members present. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Craig A. Wilson Councilmen Howard M. Morris Horace 0. Boston Charles Harper Absent James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer - - - - - - - - - - The invocation was given by Dan Gleason, Seventh Day Adventist Church. - - - - - - - - - - Item 3 Moved by Councilman Boston that minutes of the meetings held September 20 and 27, 1983, be approved. Motion seconded by Councilman Swift, and carried unanimously. - - - - - - - - - - Items 4a - 8c Items 6a, 6c, and 6m were moved to the regular agenda. Moved by Councilman Thomas that the consent agenda be approved. Motion seconded by Councilman Morris. Item 5a ORDINANCE NO. 130-83 ORDINANCE AMENDING SECTION 106.3 (c) OF PLUMBING CODE TO CONSIDER CHANGE IN SEWER TAP FEES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 4a JoAnn Stokes, an employee in Housing Assistance, was honored as Employee of the Month for October. Mayor Cook presented her with a plaque and two tickets each to a theatre and dinner. Item 6b RESOLUTION NO. 186-83 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BIGGS AND MATHEWS, INC. FOR ASSISTANCE IN PREPARING PLANS, SPECIFI-, CATIONS AND OTHER ENGINEERING SERVICES IN THE CONSTRUCTION OF ROADWAYS AND PARKING LOTS IN JAYCEE PARK. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None 291 Item 6d RESOLUTION NO. 187-83 RESOLUTION APPROVING EXTENSION OF LICENSE AGREEMENT WITH THE DEPARTMENT OF THE AIR FORCE, AUTHORIZING USE OF RAMP AREA AT SHEPPARD AIR FORCE BASE FOR DRIVER TRAINING SCHOOL FOR AN ADDITIONAL FIVE YEAR PERIOD. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 6e RESOLUTION NO. 188-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CHILD CARE, INC. FOR PROVISION OF DAY CARE SERVICES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 6f RESOLUTION NO. 189-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE MENTAL HEALTH-MENTAL RETARDATION CENTER FOR THE PROVISION OF CERTAIN SERVICES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 6g RESOLUTION NO. 190-83 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH COMMUNITY COUNCIL OF GREATER WICHITA FALLS, INC. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 6h RESOLUTION NO. 191-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION CORPORATION CONCERNING NEIGHBORHOOD ACTION GROUPS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 6i RESOLUTION NO. 192-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NORTH CENTRAL TEXAS MEDICAL FOUNDATION FOR THE FAMILY PRACTICE RESIDENCY PROGRAM. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 6j RESOLUTION NO. 193-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION CORPORATION CONCERNING THE MEALS- ON-WHEELS PROGRAM Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays : None 292 Item 6k RESOLUTION NO. 194-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE INDIVIDUAL DEVELOPMENT CENTER, INC. , FOR CONTINUA- TION OF MAINTENANCE AND CLEAN-UP SERVICES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston NayS: None Item 6L RESOLUTION NO. 195-83 RESOLUTION APPROVING A CONTRACT WITH CAROL SMITH TO SERVE AS OFFICIAL COURT REPORTER OF THE WICHITA FALLS MUNICIPAL COURT OF RECORD. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 7a RESOLUTION NO. 196-83 RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF HIGH PRESSURE SODIUM FIXTURES TO BOSTICK CONSTRUCTION COMPANY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 8a Minutes of the meeting of the Mechanical Board of Adjustments and Appeals held September 22, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 8b Minutes of the meeting of the Kemp Public Library Advisory Board held September 12, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 8c Minutes of the meeting of the Planning Board held September 14, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Item 6a RESOLUTION NO. 197-83 RESOLUTION TO ESTABLISH THE FEES TO BE CHARGED BY THE CITY TO MAKE SEWER AND WATER TAPS AND TO PERFORM OTHER UTILITY-RELATED SERVICES. Moved by Councilman Wilson that Resolution No. 197-83 be passed. Motion seconded by Councilman Morris. Councilman Wilson asked if the boring machine will bore under the road? Jerry Gross stated that it will . He also asked about the value of the machine. Mr. Gross stated that he believes it is about $13,000, but he is not sure. Councilman Wilson wondered if the charge is reasonable. Mr. Gross stated that they charge cost plus 10 percent. He believes this will help us to recoup at least a portion or all of it. Mayor Cook stated that it is the intent of the City to try to make charges for services to recover costs. 293 Item 6a, Cont'd. Councilman Swift asked how this figure is budgeted? Mr. Gross stated that they estimated how many they did last year, and what could be expected this year. The 83-84 budget is an incremental increase of 82-83 costs, and what they can expect in 83-84. Mr. Gross stated that he does not know how much additional revenue this will generate. Councilman Swift asked how it got in the budget if he does not know this? City Manager James Berzina stated that they estimated in the budget that this is one of the things that will be changed. They do estimate that it will produce more revenue than last year. He does not know if it will be significant, or a large recovery. He stated that he will provide the figures to Councilman Swift. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 6c Discussion was held on a proposed resolution adopting Robert's Rules of Order for City Council meetings. A motion was made by Councilman Morris, and seconded by Councilman Swift, for adoption of the resolution. Councilman Wilson asked if there is a valid reason for adopting this? Mayor Cook noted that the Charter provides for the Council to adopt its own rules of procedure. He stated that Councilman Harper was concerned with bringing the blighted area consideration off the table. It takes a two-thirds vote. It also takes a two-thirds vote to adopt Robert' s Rules of Order. Councilman Wilson stated that he believes this will become an impediment to our exchange of information and ideas if we adopt this. He does not see that it will serve any useful purpose. Mayor Cook had a book on Parliamentary Law at a Glance which they have been following, and which is not as rigid as Robert's Rules of Order. We have had good input from the citizens and councilmen. City Attorney H.P. Hodge stated that we have never had a parliamentarian. We always have followed an informal procedure. Councilman Wilson stated that he sees the possibility of playing games with a point of order, rather than the issue. An amended motion was moved by Councilman Wilson, and seconded by Councilman Morris that we substitute Parliamentary Law at a Glance. The motion failed by the following vote. Ayes: Councilman Swift Nays: Mayor Cook, Councilmen Thomas, Wilson, Morris, and Boston The original motion on the resolution failed by the following vote. Ayes: None Nays: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Mayor Cook requested that they work with Mr. Hodge and Councilman Morris to bring a revised, modified method of procedures which they can follow, and everyone have a copy of. - - - - - - - - - - Item 6m RESOLUTION NO. 198-83 RESOLUTION CREATING THE TEXAS SESQUINCENTENNIAL COMMISSION. Moved by Councilman Morris that Resolution No. 198-83 be passed. 294 Item 6m, Cont'd. Motion seconded by Councilman Swift. Mayor Cook explained that this Commission will be a working commission. Mayor Cook moved an amendment to Section 2, which was seconded by Councilman Morris, that the Commission shall consist of not less than eleven, nor more than twenty-one members who shall be confirmed by the City Council , and that the City Council shall appoint the Chairman and Vice-Chairman. The amendment was carried unanimously. The original motion, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None Mayor Cook stated that applications will be taken, and the commission advertised. - - - - - - - - - - Item 9a Mr. Al Vergauwen appeared regarding proposed blighted area designation on a tract of land as Deaton and Waggoner Blighted Area No. 1 . Mayor Cook asked Mr. Vergauwen if his project would qualify under the industrial revenue bond program? Mr. Vergauwen stated that Ray Clymer contacted Austin, and as the project is laid out, it would not qualify as a whole. Parts of it would qualify. The racquet and tennis clubs will not qualify because they are memberships. He is hoping to start these clubs first, and he believes the rest of the project will fall in place. The first phase would not be approved under industrial revenue bonds. He will do the projects that do not qualify with private funding. Mayor Cook asked Planning Director Roger McKinney if this census tract falls in the definition of a blighted area? Mr. McKinney stated that some of the factors here are not as good as some of the other areas but it could qualify. The public hearing was opened on designation of this tract of land as a blighted area. No one desired to be heard, and the hearing was closed. - - - - - - - - - - Item 10a was deleted from the agenda. - - - - - - - - - - Item 10b RESOLUTION NO. 199-83 A RESOLUTION DESIGNATING A TRACT OF LAND AS DEATON & WAGGONER BLIGHTED AREA NO. 1 . Moved by Councilman Wilson that Resolution No. 199-83 be passed. Motion seconded by Councilman Morris. Councilman Swift asked how close is the present so-called blighted area to this property? Roger McKinney stated that the closest area is the midtown area, which does not go past Brook Street. Mr. McKinney further stated that sport facilities were not eligible for tax exemption under the Industrial Revenue Commission. He stated that he does not know the definition of a sports facility. Mr. Vergauwen stated that it would have to be looked at piece by piece. It is very undefined. Mayor Cook explained that there are other steps that Mr. Vergauwen will have to go through before the money is available. Councilman Boston asked can he not determine the answer to the definition of a sports complex before passage of this resolution? Mayor Cook stated that he believes Mr. Vergauwen will have to submit an application to the Commission. Councilman Thomas asked if the Planning Department feels that it is in a blighted area? Mr. McKinney stated that he thinks it could, but the Texas Industrial Commission will have the final say. Councilman Wilson stated that he 295 Item 10b, Cont'd. believes it meets the criteria on the basis he has used, not including the Morningside tract. The motion for passage of Resolution No. 199-83 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 10c A proposed resolution was presented calling public hearings on certain annexation proceedings. A motion was made by Councilman Thomas, and seconded by Councilman Morris, for discussion. Councilman Thomas stated that we have a report which we received from this committee on August 10, and he would like to pass on this today, and come back later with an ordinance adopting the recommendations of this committee. He sees no reason for us to start into the annexation procedure if we are going to adopt the recommendations of this committee who worked with the different industries. Mayor Cook asked Mr. McKinney if there are other areas involved that are not a part of the industrial areas? Mr. McKinney stated that there are some residences in the Certainteed tract area that would be an island surrounded by city limits. Most of these areas are owned by realtors. He would not recommend that any other areas be brought into the city limits if they are going to renew the contracts with the other entities. The motion failed by the following vote. Ayes: None Nays: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston The staff was instructed to prepare proper documents to begin renewals of annexation agreements in accordance with the report presented to the Council . Mayor Cook expressed appreciation for the work done by this committee, consisting of Ray Clymer (Chairman) , Harold Jones, Jim McDonald, and George Adams. Jim Maloney, with PPG, stated that they appreciated the committee's work with them. He stated that their ability to attract new business to the plant in Wichita Falls depends on their cost situation. Some of the other plants are in a much better position from a cost standpoint in regard to taxes. The agreement offered them was an incentive to come to Wichita Falls, but we realize that taxes need to be increased now, and this will increase them about 90 percent. They have announced an expansion of their facility, and it does give them more diversity in their glass products. They compete with other plants for capital . They can tell the corporate officers that they live in a community that supports them, and they appreciate it. - - - - - - - - - - Item Ila Moved by Councilman Wilson that the bid for annual requirements of auditorium stores, office supplies, binders, and paper be awarded as follows. a. Wilson Office Supply - $12,502.14 (office supplies) b. A-1 Quality Business Machines - $1 ,337.15 (binders) c. Nationwide Paper - $1 ,959.84 (envelopes) d. Nationwide Paper - $6,482.70 (paper) Motion seconded by Councilman Morris, and carried unanimously. - - - - - - - - - - Item llb RESOLUTION NO. 200-83 RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF IRRIGATION AND LANDSCAPING OF THE TRANSFER STATION. 296 Item llb, Cont'd. Moved by Councilman Boston that Resolution No. 200-83 be passed. Motion seconded by Councilman Swift. Councilman Thomas asked if Crape Myrtles cost $100 each? Mr. Bill Hursh, Parks Director, stated that they do, but they are 8-foot trees, and are guaranteed for one year. He showed the plans for the area to the Council . Mayor Cook noted that this is a continuation of a commitment made to the citizens that this would be completed in an acceptable manner. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 12a RESOLUTION NO. 201-83 RESOLUTION APPROVING THE FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF THE WATER TREATMENT PLANT IMPROVEMENTS, CONTRACT I , SECTION II . Moved by Councilman Thomas that Resolution No. 201-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 13a Moved by Councilman Thomas that authority be granted to advertise for bids for the 1983 heater scarification project for certain city streets. Motion seconded by Councilman Morris, and carried unanimously. - - - - - - - - - - Item 14a Moved by Councilman Thomas that the request of Mr. R. U. Flatt for water service outside the city limits (City View Lane) , be approved. Motion seconded by Councilman Morris, and carried unanimously. - - - - - - - - - - Item 14b No other business was presented. - - - - - - - - - - Items 14 c, d The City Council recessed at 10:00 A.M. for an executive session pursuant to Article 6252-17, Paragraphs (g) and (e) of the Revised Civil Statutes. The meeting reconvened at 12:20 P.M. Moved by Councilman Morris that Dale Terry be appointed Chairman and Joe Stearns Vice-Chairman, for the Texas Sesquicentennial Commission. Motion seconded by Councilman Wilson, and carried unanimously. Moved by Councilman Morris that the following be appointed to the Mayor's Commission on the Status of Women for two-year terms beginning September 30, 1983 to September 30, 1985. 297 Items 14c, d, Cont'd. ia. Marilyn Joyce Davis -e. Sandrea Marvel b. Royce Ann Martin -f. Gregg Merkle . c. Katherine Fisher g. Dorothy Roberts , d. Katherine Hull h. Helen Wall Motion seconded by Councilman Wilson, and carried unanimously. — — — — — — — — — — The City Council adjourned at 12:22 P.M. PASSED AND APPROVED this day of (0�z-�t 1983. Co Mayor ATTEST: Wilma J. Thomays, CMC, City Clerk