Loading...
Min 07/17/1984 478 Wichita Falls, Texas Memorial Auditorium Building I July 17, 1984 i 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. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Craig A. Wilson Councilmen Bill Palmer James A. Welburn Q James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Charles Harper Absent The invocation was given by David Noblin, St. Mark's United Methodist Church. Mayor Cook noted that we will be opening bids for an oil and gas lease, and asked if anyone in the audience had a bid to submit. No one responded. I Item 3 Moved by Councilman Palmer that minutes of the meeting held July 3, 1984, be approved. Motion seconded by Councilman Welburn, and carried unanimously. Items 4a - 6a II Moved by Councilman Thomas that the consent agenda be approved. i Motion seconded by Councilman Wilson. Item 4a ORDINANCE NO. 81-84 ORDINANCE REAPPROPRIATING FUNDS BETWEEN DEPARTMENTS WITHIN THE GENERAL FUND FOR THE PURPOSE OF CONSOLIDATING THE FIRE PREVENTION AND INSPECTION DIVISIONS, AND DECLARING AN EMERGENCY Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 5a RESOLUTION NO. 131-84 RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD BID FOR RELOCATION OF PUBLIC WORKS DIRECTOR Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None 479 Item 6a Tax refunds (for double payments) were approved, as follows. I . S & R Supply - $1605.88 2. Texhoma National Lease, Inc. - $2370.47 Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 7a A public hearing was opened for consideration of bids on oil and gas lease near Lake Kickapoo. City Attorney opened two bids which had been received on July 16, 1984, as follows. 1 . L & H Oil Company (Jimmy Horany) - $42.00 per acre, with a 3/16 royalty, and a primary term of two years. 2. Burns Leasing Corporation - $20.00 per acre, with a 3/16 royalty, and a primary term of two years. No one desired to be heard, and the public hearing was closed. RESOLUTION NO. 132-84 RESOLUTION ACCEPTING BID OF L & H OIL COMPANY AND APPROVING OIL AND GAS LEASE ON 376.78 ACRES, MORE OR LESS, IN S.P.R.R. CO. SURVEY NO. 1 , A-440, ARCHER COUNTY, TEXAS, NEAR LAKE KICKAP00. Moved by Councilman Wilson that Resolution No. 132-84 be passed. Motion seconded by Councilman Palmer. Councilman Wilson asked if this appears to be satisfactory? Councilman Swift stated that it seems fair, as represented, although he has not seen details of the bid. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 7b A public hearing was opened on the 1984-85 Community Development Block Grant budget. No one desired to be heard, and the public hearing was closed. Item 7c Consideration was given to approval of a project to be financed by Wichita County Industrial Development Corporation (Sheraton Hotel ) . RESOLUTION NO. 133-84 RESOLUTION APPROVING A PROJECT TO BE FINANCED BY WICHITA COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (HOTEL ASSOCIATES OF WICHITA FALLS, TEXAS, LTD. PROJECT) Moved by Councilman Palmer that Resolution No. 133-84 be passed. Motion seconded by Councilman Thomas. The City Attorney reviewed the proposed resolution. Mayor Cook opened the public hearing on the resolution approving the project to be financed by the Wichita County Industrial Development Corporation. No one desired to be heard. 480 Item 7c, Cont'd. Moved by Councilman Wilson that the public hearing be closed. Motion seconded by Councilman Welburn, and carried unanimously. The motion for passage of Resolution No. 133-84 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None i I Item 8a Bob Seabury appeared regarding an area he is developing in Western Hills (University Park Subdivision; Section G). Tho `addition_of thesie lots will create an over-capacity of the sewer lines somewhere downstream in the city's sewer system. He has been asked to pay the lion' s share of enlarging the city main. The City will pay $4000, and he will pay $8000. He stated that at one time we had reimbursement contracts. When they put in the lines, it becomes an asset to the City, with no future reimbursement to him. If they chose to relocate adjacent to existing city lines, he feels the City should provide the capacity to take care of the subdivision. It does not seem fair to him that he will have to provide this cost. Councilman Wilson asked the City Manager if he concurs with the position of Jerry Gross? The City Manager stated that he did. Councilman Wilson asked if it is fair for us to require participation from the contractor to pay for additional traffic load on streets if they build on the end of it? The City Manager stated that the developer should pay for the basic size of the street, and the City should pay for the additional cost. He understands there is a line there now, and a larger line will be installed as a loop around it to tie into another place. The City Manager noted that Mr. Seabury is the lead-off hitter, and that is the reason why the City joined in with the cost, but he does not see that we should pay the entire cost. Mr. Seabury stated that Rolling Hills uses this line, and that Randy Wachsman is building some properties which will use this line, and they pay nothing for it. Mr. Gross stated that this line is needed to take care of these 31 lots. We have things on the end of the line which will back up. Councilman Wilson asked at what point do we determine if it is the City's cost, or the developer? Mr. Gross stated that he did not feel there was a given point in time, but there does come a time when it needs to be addressed. Councilman Swift asked if the City had planned to correct this, even if Mr. Seabury had not been interested in it? Mr. Gross stated that they would not correct it if there is no additional capacity placed on the line. There is one house they have to work the problem on a maintenance basis. When development does occur it has to be addressed. Councilman Swift asked why he chose an 8-inch line? Mr. Gross stated that it was designed by an engineer. It would not make sense to go to a larger line. Mr. Gross and Mr. Seabury noted that several other developments are being considered in that area which will use this line. Mr. Gross stated that the City could go ahead and fund it, and pro rate the cost among developers based on capacity through future development. Councilman Palmer asked Mr. Gross what problems he sees with the City incurring this expense, and pro rating it on future developments? Mr. Gross stated that he could see none. The City Manager stated that there could be legal problems in assessment. The record keeping could be a bit of a problem later on with different people sitting here. He stated that square footage of the benefit area would have to be calculated and figured on a square foot cost, and assess it to the developer. Planning Director Roger McKinney explained that Mr. Wachsman will have to install a collector street that others will be able to tie on to with no charge. He does not believe we can remove all inequities. He mentioned apartments on Barnett Road South of Briargate. They participated in the cost of the line. It was an off-site improvement. 481 Item 8a, Cont'd. Councilman Swift asked what he thinks is fair? Mr. Seabury stated that sewer and water lines produce revenue to the City. They donate these lines to the City. He feels the City should provide the capacity to take care of their lines. It is the City's responsibility. He stated that he knew there was a problem before he started this project. Councilman Swift asked Mr. Seabury if he would pay half of it, and Mr. Seabury stated that he would. Mr. Gross stated that they had a February bid of $12,000. He does not know whether the bid would still be good, but he does not expect it to go over $15,000. The City Manager stated that this is unique in that he bypasses part of the line and parallels the line. It would be difficult to find a precedent in running a new line in a new area. Moved by Councilman Swift that the City pay one-half of the cost of the line for parallel construction. Motion seconded by Councilman Thomas , and carried unanimously. Item 9a ORDINANCE NO. 82-84 ORDINANCE WAIVING SECTIONS 4-15, 22-1 AND 22-4 OF THE CODE OF ORDINANCES TO ALLOW THE SALE AND CONSUMPTION OF BEER, SOFT DRINKS AND PLACING OF ADVERTISING BANNERS IN LUCY PARK ON SEPTEMBER 9, 1984, FOR NINTH ANNUAL "CHICANO DAY AT THE PARK" . Moved by Councilman Thomas that Ordinance No. 82-84 be passed. Motion seconded by Councilman Swift, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Palmer, and Welburn Nays: Councilman Wilson Item 9b ORDINANCE NO. 83-84 ORDINANCE WAIVING SECTIONS 31-51 , 31-54, AND 31-55 OF THE CODE OF ORDINANCES, REQUIRING AND REGULATING THE USE OF TAXIMETERS IN VEHICLES FOR HIRE, AND SECTION 31-47, REQUIRING CHAUFFEUR-DRIVEN VEHICLES FOR HIRE TO BE PLAINLY MARKED, SAID WAIVERS. REQUESTED FOR THE PURPOSE OF OFFERING LIMOUSINE SERVICE WITHIN THE CITY BY STEVE KNUDSEN, D/B/A PRESTIGE LIMOUSINE, AND MICHAEL F. GRIFFITH, D/B/A VINTAGE LIMO. Moved by Councilman Palmer that Ordinance No. 83-84 be passed. Motion seconded by Councilman Thomas. Councilman Palmer asked the City Attorney to discuss the flat hourly rate. Mr. Knudsen stated that the mileage fee was put in after 100 miles to protect themselves. They have not charged a mileage fee at this time. City Attorney H. P. Hodge explained that this is designed as an interim ordinance, and will be in effect only until January, 1985. The ordinance provides strictly for an hourly rate. Jeanie Thompson, Assistant City Attorney, stated that the flat hourly fee will cover the city. If they operate outside the city limits they are regulated by the State, and can charge a mileage rate. The hourly fee will suffice in the city limits. Both Mr. Knudsen and Mr. Griffith agreed. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None 482 Item 9c ORDINANCE NO. 84-84 ORDINANCE REPEALING SECTION 7-32, CODE OF ORDINANCES, AND AMENDING SECTION 7-28 AND 7-29, CODE OF ORDINANCES, TO PROVIDE FOR REVISED NOTIFICATION PROCEDURES TO BE FOLLOWED IN NUISANCE ABATEMENT PROCEEDINGS. City Attorney H. P. Hodge corrected the typographical error on page 5 of 6. i Moved by Councilman Swift that Ordinance No. 84-84 be passed. Motion seconded by Councilman Wilson. Councilman Wilson asked if we are doing this to protect the City? The City Attorney stated that this is correct. Councilman Wilson expressed concern about transfer of property. He asked if we are lengthening this process if a person purchases the property just before the proceedings? The City Attorney stated that it will take more time to check on records, but it does not seem such a substantial increase in effort to damage the program. The increase in time is prior to notification. If a person wanted to rid himself of this property before this procedure, this will not increase the time-frame before the notice. It seems that we should develop some procedure to prevent a person from unloading this property just before the deadline. The City Manager asked if we could find a way to attach a lien or legal notice so that the new property owner cannot claim that he had no knowledge of it? The City Attorney stated that his office needs to do something about that. Mayor Cook asked about a notice being posted to the structure. Mr. Hodge stated that this is the ordinance. Even though it is not filed in the deed records, and they have some notice of it, then they are responsible for it, also. Planning Director Roger McKinney stated that they are looking at some procedure of filing this ordinance with the County. They are working with the City Attorney's office on this. Councilman Wilson asked Mr. McKinney to check with the inspectors to see if there are any impediments or abuses in the system. He would like him to let the Council know if there is any kind of problem. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item l0a RESOLUTION NO. 134-84 RESOLUTION REQUESTING ASSISTANCE FROM PRESIDENT RONALD REAGAN IN OBTAINING FUNDS FROM THE UNITED STATES ARMY CORPS OF ENGINEERS FOR IMPROVEMENT OF HOLLIDAY CREEK. Moved by Councilman Thomas that Resolution No. 134-84 be passed. Motion seconded by Councilman Swift. Councilman Thomas stated that he would like to see a change of wording in this ordinance to get their attention in Washington. He would like it to say something to the effect that no funds have been received by the City for any purposes of flood control and recreation, as evidenced in other cities of our population. Councilman suggested something that ties our needs in the city. Mayor Cook stated that we have been authorized appropriations by Congressman Hightower's office, but there has not been an authorization in the Senate in six years. He is working on it and hopes we may get this 483 Item 10a, Cont'd. authorization. Congressman Hightower and Senator Benson have greatly assisted us. This would be possibly another measure to get some additional attention at the administrative level where blockage has occured in the past. Mickey Urinak, an aide in Congressman Hightower's office, stated that they will continue to be a strong advocate in this area, and they tend to be somewhat more optimistic in this area. Mayor Cook asked that he express our appreciation to Congressman Hightower for his assistance. The Council agreed that Mayor Cook and the City Attorney would re-write and strengthen the wording in this resolution. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 10b RESOLUTION NO. 135-84 RESOLUTION APPROVING A CONTRACT WITH NEW WORLD CLEANING SERVICES FOR JANITORIAL SERVICES AT THE KEMP PUBLIC LIBRARY. Moved by Councilman Wilson that Resolution No. 135-84 be passed. Motion seconded by Councilman Palmer. Assistant City Manager Ed Barrett explained the problems encountered in cleaning the library. He stated that we will also save some money in the process. Councilman Wilson asked if we need this level of service, except for bringing in books and cleaning the ground? Mr. Barrett stated that this is what the library administrator and building maintenance superintendent recommended. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 10c RESOLUTION NO. 136-84 RESOLUTION TO CONTRACT WITH ENGINEERING FIRM OF CORLETT, PROBST, AND BOYD FOR STUDY ON RENOVATION OF 1925 IMHOFF PLANT AT THE MAIN WASTEWATER TREATMENT PLANT Moved by Councilman Palmer that Resolution No. 136-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item lla RESOLUTION NO. 137-84 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH C. D. GRAHAM FOR ADDITIONS AND ALTERATIONS TO THE SENIOR CITIZENS' CENTER. Moved by Councilman Wilson that Resolution No. 137-84 be passed. Motion seconded by Councilman Palmer. 484 Item lla, Cont'd. Councilman Swift asked if anyone knows what this is all about? Councilman Thomas stated that city ordinances require it. Sam Groves, Administrative Assistant, stated that apparently someone overlooked it. PVC pipe does not pass our code. Councilman Swift stated that it seems someone should be looking at it. Nobody knows. Councilman Welburn stated that we appeared to overlook the electrical outlets, also. Are we going to continue to allow this architect to overlook? Mr. Groves stated that this particular architect was familiar with this building. This was the reason he was hired. Councilman Wilson asked what is the responsibility of the architect? The City Attorney stated that an architect has the obligation to furnish to his client services that carry with it good judgment, experience, and ability that we could normally expect to be furnished by any architect. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item llb RESOLUTION NO. 138-84 RESOLUTION APPROVING CHANGE ORDER NO. 7 WITH CONTRACTOR, C. I . OF TEXAS, FOR THE CENTRAL SERVICES COMPLEX. Moved by Councilman Palmer that Resolution No. 138-84 be passed. Motion seconded by Councilman Wilson. Councilman Swift asked what this is? Bob Parker, Traffic Director, stated that the backflow preventer was added at the recommendation of the plumbing inspector. Councilman Swift asked why you did not know this needed to be installed at the time the system was designed? Mr. Parker stated that it is not normally installed, but it will prevent a problem later. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Wilson, Palmer, and Welburn Nays: None Item llc RESOLUTION NO. 139-84 RESOLUTION ACCEPTING AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT ON CONTRACT WITH C. I. OF TEXAS FOR CONSTRUCTION OF THE CITY'S CENTRAL SERVICES COMPLEX. Moved by Councilman Welburn that Resolution No. 139-84 be passed. Motion seconded by Councilman Wilson. The City Manager noted that lightning hit the roof of this building last night, making a four-inch hole in the roof. A temporary repair has been made, and a permanent repair will be made tomorrow. The final inspec- tion on the electrical code was done last Friday. Mr. Parker stated that they had people checking until 9:00 last night and again this morning. City Attorney H. P. Hodge recommended that the motion be adopted, subject to the repair of the hole in the roof. The motion and second were amended to authorize passage of the resolution, contingent upon satisfactory resolution of the damage done last evening. 485 Item llc, Cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: None Item 12a Mr. Victor Hancock, Regional Director of Community Planning and Development of the Department of Housing and Urban Development, recognized the City of Wichita Falls for sidewalk leveraging using Community Development Block Grant funds. He commented that these funds are frequently used to leverage or stimulate private sector development. Only 90 of the 800 applications sent in were selected for an award. He stated that these projects created more than 23,000 jobs. He read from a magazine what was written about Wichita Falls. Mr. Hancock presented to Mayor Cook a Certificate of National Merit from the Department of Housing and Urban Development. Mayor Cook expressed his appreciation. Mr. Hancock also presented a certificate to the City Manager, expressing his appreciation for being able to be here today for the council meeting. Item 12b Councilman Thomas asked about opening the Jasper Street bridge. Also, are we going to address the problem of construction going on , or wait until some down the line will have to incur the expense? He would like the staff and engineers to work on a retention/detention ordinance. Mayor Cook stated that we are waiting for our new Director of Public Works to work on this. Hopefully we will have the staff to inspect and work on this. Councilman Thomas also asked about weeds at the transfer station? Who is supposed to mow it? Bill Hursh, Director of Parks and Recreation, stated that new grass is being watered daily, and the weeds grow faster than the grass. They will have to take the water away from the grass to mow it. Transfer station per- sonnel do the mowing. Councilman Thomas stated that he feels we should have a rule, when hiring, that all city employees live within the city limits. City Manager James Berzina stated that before 1974, most cities had a resi- dency requirement. The Supreme Court has held that cities can have a residency requirement. He would like to exempt those who presently live outside the city limits. Sometimes we have a technical position that is difficult to be filled from within. An option might be allowed. He stated that he is basically in agreement with this, and they would work on an ordinance for it. Councilman Wilson stated that he would like to see it as a preference. Item 12c The City Council recessed at 10:30 A.M. into executive session pursuant to Article 6252-17, Paragraph (g) of the Revised Civil Statutes. The meeting re- convened at 11 :45 A.M. , and immediately adjourned. PASSED AND APPROVED this day of 1984. i Gar Cook, ayor v ATTEST: A Wilma J. Thomas, City Clerk