Loading...
Min 02/05/1985 644 Wichita Falls, Texas Memorial Auditorium Building February 5, 1985 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 Charles Harper Councilmen Craig A. Wilson Bill Palmer James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Joe Hester, First Baptist .Church. I tern 3 Moved by Councilman Thomas that minutes of the meetings held January 2, 15, 22, and 28, 1985, be approved. Motion seconded by Councilman Palmer, and carried unanimously. Item 4a-10a Items 5a, 6c, 6d, 8a, and 9a were moved to the regular agenda. Moved by Councilman Harper that the consent agenda be approved. Motion seconded by Councilman Welburn. I t&-d 4a Linda Thomas, an employee in the Legal Department was honored as Employee of the Month for February. Mayor Cook presented her with a plaque, and two tickets each to a theatre and dinner. Item 6a RESOLUTION NO. 12-85 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE WICHITA FALLS BASEBALL ASSOCIATION FOR MAINTENANCE OF KIWANIS PARK BALLFIELD NUMBER FOUR. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6b RESOLUTION NO. 13-85 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION FOR FURNISHING OFFICIALS AND SCOREKEEPERS. 645 Item 6b, cont'd Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6e RESOLUTION NO. 14-85 RESOLUTION APPROVING THE APPRAISALS OF PROPERTIES FOR EASEMENTS TO ACCOMODATE A SEWER FORCE MAIN AND AUTHORIZING THE PURCHASE OR CONDEMNA- TION OF SAME. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a The bid for an annual supply of automative fuel , oil , and air filters was awarded to Steward and Stevenson, in the amount of $28,169.17. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Items 9b-f Minutes of the meetings of the following boards and commissions were received. b. Kemp Public Library Advisory Board - November 12, 1984 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None c. Youth Activities Advisory Council - December 10, 1984 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None d. Planning Board - January 9, 1985 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None e. Landmark Commission - January 17, 1985 Ayes: Ma or Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None f. Park Board - January 17, 1985 Ayes:. Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item l0a Tax Refunds were approved as follows. a. Guaranty Abstract Title Company - $523.32 b. Guaranty Abstract Title Company - $821.02 c. Investors, Inc. - $536.25 d. Bill Lane - $493.61 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 646 Item 5a ORDINANCE NO. 12-85 AN ORDINANCE AMENDING ORDINANCE NO. 32-84, THE LANDMARK ORDINANCE, TO ADD THE HARDIN ADMINISTRATION BUILDING OF MIDWESTERN STATE UNIVERSITY AS A WICHITA FALLS LANDMARK Moved by Councilman Wilson that Ordinance No. 12-85 be passed. Motion seconded by Councilman Palmer Councilman Harper noted that another city building is being recognized as a landmark of our city, and this is an ongoing thing, but the Hardin Administration Building is one of the most important buildings in our city. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6c Discussion was held on a proposed resolution approving modification of a contract between Sheppard Air Force Base and the City of Wichita Falls for the purchase of water. A motion was made by Councilman Harper, and seconded by Councilman Wilson, for passage of the resolution. Councilman Harper mentioned a portion of the contract pertaining to working in excess of eight hours per day unless the compensation paid over one and one-half times the basic rate paid, or in excess of 40 hours, whichever is greater. He wonders where we stop? The City Attorney stated that he had in mind that this is talking about people in the Water Department. Mayor Cook asked if this is in conflict with any of our policies in the distribution department? Director of Public Works George Bonnett stated that we may have to make some adjustments in the 8-hour day, not in overtime. It will result in some increased charges, but he does not feel it will be too much. They have stand-by crews that come out at night. Sometimes they have to keep people over. It will be a minimal budget impact. Councilmen Harper and Wilson asked what Sheppard would do if we exclude this from the contract? Mr. Bonnett stated that they have to ask for water, and they have to comply with this. This is an ad- ministrative thing requested by Sheppard. Councilman Wilson asked if there is a compelling reason that we pay overtime for them, or anyone else? Mr. Bonnett stated that it is mandatory that any federal contract include this provision. This has been in effect since 1980. Councilman Wilson stated that it does make good sense that we do this with them, as opposed to any other contractor. Councilman Harper asked if we could place this cost on their water because it will be a great deal of money? Mr. Bonnett stated that it could go back to them for review. Councilman Harper asked what (c) on page 6 of 6 means? The City Attorney stated that he had a little bit of trouble with that, but he thinks it has to do with accounting. Councilman Welburn stated that it is an accounting code which tells them how much money they take from which fund. Moved by Councilman Wilson that this matter be tabled for the study of an increase in direct cost of overtime. Motion seconded by Councilman Harper, and carried unanimously. Item 6d RESOLUTION NO. 15-85 RESOLUTION TO APPROVE CONSULTING ENGINEERING CONTRACT FOR REPAIRS ON LAKE ARROWHEAD DAM Moved by Councilman Harper that Resolution No. 15-85 be passed. 647 Motion seconded by Councilman Wilson. Councilman Harper asked if this means that Lake Kickapoo does not need it any more? The City Manager stated that they had to place it by priorities. Lake Kickapoo does not need it as bad as Lake Arrowhead. Mr. Bonnett stated that what they are anticipating doing is putting out a fire at Lake Arrowhead. If they can make the worst problem go away, they can go back to Lake Kickapoo, but they may have to work on Lake Arrowhea4 fo.r two years. They have needs on both dams. This is something which should be addressed yearly. It is an on-going thing. Neither is in immediate danger, but they believe Lake Arrowhead needs it worse. He hopes they can move over to Lake Kickapoo the second year and back to Lake Arrowhead the third year. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8a Moved by Councilman Wilson that authority be granted to advertise for bids for reconstruction of Scottsdale drainage channel . Motion seconded by Councilman Harper. Councilman Wilson asked about the rainfall that occured during this flood? Mr. Bonnett stated that he thought it was about five inches. Councilman Wilson asked about the problem on Rhea Road, and how much rainfall would have to occur there before they had flooding? Mr. Bonnett stated that the criteria they use is does water go into the home? If so, then they would come to the council , and request funding for it. They have visited with property owners on Rhea Road, and have found none that had water in the home.. On Scottsdale, they had water in six homes. Councilman Wilson asked Mr. Bonnett when his staff looked into this situation on Rhea Road, what was the level of rainfall that caused it to occur? Mr. Bonnett stated that it will go into the garage at 42 inches, but he believes they can have six to eight inches of rainfall without water being in a structure because it will go over the street, and into a channel . The motion was carried unanimously. Item 9a Moved by Councilman Harper that minutes of the meeting of the Landmark Commission held November 7, 1984, be received. Motion seconded by Councilman Palmer. Councilman Harper asked about the Chenault Building? He knows it is in the process of being torn down. Glenda Newcomb, Code Enforcement Coordinator, stated that First Baptist Church is the new owner. Councilman Palmer stated that she gave it to the church, as is, and the church is having it torn down. She stated that the money it would take to repair this building was not worth the investment. The motion was carried unanimously. Item lla A public hearing was opened on hazardous structures. Mayor Cook introduced a letter from Mrs. Delph, 2101 Taylor, requesting additional time. She is trying to secure control of the property, which is in trust, and she intends to clean it up. Roger McKinney stated that Mrs. Popham, 304 Lee had called, and wants sufficient time to repair it. 648 Glenda Newcomb stated that Mrs. Delph was first notified on June 25, 1984. They have had no contacts with her. Councilman Wilson stated that he feels seven months is enough time. Mrs. Newcomb also addressed the condition of the property at 304 Lee Street, stating that they have had to relocate two sets of tenants from this property. The structure is in bad condition, but Mrs. Popham feels it has sentimental value. She was first notified October 29,1984. Mrs. Popham came in, and the Council continued to review the footage on tape of this property. Mayor Cook asked Mrs. Popham why she was requesting more time before repairs were made? She stated that the house does not leak. She has owned the house next door since 1936. This is the only home she has. She stated she had some electrical work done. Mrs. Newcomb stated that it was done without a permit, and without the approval of the electrical inspector. Mrs. Popham could not remember the name of the person who did the work. He has a scooter. The Council requested that this be checked out. A lengthy discussion continued on this property. Mayor Cook explained to Mrs. Popham that we would make sure she understood what repairs need to be made in 30 days. That will be her decision, but she was cautioned that any repairs will have to be done according to the building code, and pass inspection. If repairs are not made within 30 days it will be torn down. Mayor Cook asked Mr. Earl Potts, Code Enforcement Administrator, to assist Mrs. Popham outside the Council room, and explain to her what she needs to do. The cost of the demolition will be paid by her, or a lien placed on her property. If the lien is not paid before the property is sold, it will be taken when it is sold. Mrs. Popham desired the Mayor's telephone number, and he explained that Mrs. Newcomb could give it to her, if she wants to talk to him. Jack Holcomb, 607 North Broadway, agreed that the house needs to be torn down, but he needed more time. He was notified on November 28, 1984. Lee W. Kelley, 825 Eastside Drive, appeared in regard to this property, as well as other properties presented to the Council in November, 1984. Mayor Cook explained that Code Enforcement has determined that the structure is not repairable, or the cost to repair it is far greater than the structure is worth. Mrs. Newcomb stated that he was first notified of this problem on November 1, 1984. She also mentioned properties at 715 Sullivan and 306 Deggs. Tenants have been relocated to the Housing Authority. The Council viewed tapes of 825 Eastside Drive, showing overall dilapadation. Mr. Kelley stated that he believes the structure is repairable. A lengthy discussion continued on Mr. Kelley' s properties. Councilman j Harper stated that the property on Sullivan looks a lot better. Councilman Wilson stated that it is immaterial how many houses there are. Whether Mr. Kelley does the work himself, or contracts it out, does not make any difference. He does not see any justification for us to make exceptions here, unless we are going to make them in every other case. Councilman Harper agreed that we should treat everyone alike, but he does not see another four or five months will be a problem. Councilman Wilson noted that while Mr. Kelley may have experienced some difficulties within the last few months, he purchased some of these difficulties three years ago. Mr. Kelley presented a letter giving the dates he could have these properties repaired (see attached) . Councilman Palmer asked if they will pass inspection by these dates? Mr. Kelley stated that he is pretty sure they will . Roger McKinney stated that Mr. Kelley has ceased his efforts on Sullivan Street and is working on Deggs Street. They have tried to encourage him to stay with one property, and demolish the others. Mayor Cook told Mr. Kelley that if he stops on Sullivan they will tear it down, and he has until May 30, 1985 to complete 825 Eastside Drive, or it will also be demolished. Councilman Thomas asked who is qualified to determine that it is repairable? The City Attorney stated that in the final analysis, the Council is. Roger McKinney stated that one of the building inspectors will look at these properties if Code Enforcement feels it is not repairable. The City Manager stated that the list will need to be more clearly docu- mented to prevent cosmetic repair, as opposed to structural repair. He stated that some people may think repairs have been made according to 649 Item lla , cont'd code, and we may not feel they have been. Councilman Harper believes Code Enforcement people are supposed to enforce the laws, as written, and the Council can review it. He commended the Code Enforcement people for their work, and also the Mayor for his handling of the Popham situation. Councilman Welburn noted that Code Enforcement people are more vigilant now than in the past. Once these conditions have been identified, the people are going to realize that they are going to do something about it. He also asked about the building where the fireman was killed? Mrs. Newcomb stated that part of the demolition has been completed. It is no longer a hazardous structure. The owner will have to determine whether it will be rebuilt or demolished. ORDINANCE NO. 13-85 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilman Palmer that Ordinance No. 13-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12a ORDINANCE NO. 14-85 AN ORDINANCE WAIVING THE MINIMUM BUILDING SETBACK REQUIREMENTS FOR LOT 25-A, BLOCK B, WYATT SOUTHSIDE ADDITION, WICHITA FALLS, TEXAS Moved by Councilman Palmer that Ordinance No. 14-85 be passed. Motion seconded by Councilman Welburn. Planning Director Roger McKinney explained this request. Coucilman Swift asked if this complies with the proposed zoning ordinance? Mr. McKinney stated that he is not sure. Johnny Watson stated that it has nothing to do with the proposed zoning ordinance. The motion was carried by the following vote. Ayes : Mayor Cook, Council Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12b ORDINANCE NO. 15-85 ORDINANCE AMENDING SECTIONS 111 .1 , 111.2 and 111.3 OF THE STANDARD BUILDING CODE ADOPTED BY SECTION 7-14 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TO CHANGE THE NAME OF THE BOARD OF AD- JUSTMENTS AND APPEALS, TO INCREASE THEIR NUMBER, . AND TO MODIFY THE TERMS OF OFFICE AND QUORUM. Moved by Councilman Harper that Ordinance No. 15-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 650 Item 12c ORDINANCE NO. 16-85 ORDINANCE AMENDING THE STANDARD BUILDING CODE AS ADOPTED BY SECTION 7-14 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS BY j ADDING SECTION 507.16 TO PROVIDE PROVISIONS FOR SPECIAL MALL j BUILDINGS. Moved by Councilman Welburn that Ordinance No. 16-85 be passed. Motion seconded by Councilman Palmer. The City Attorney corrected the word "Wall " to "Mall " in Section 6. Councilman Harper made certain clarifications. Councilman Swift asked if this applies to the Scott Mall ? Earl Potts stated that the Scott Mall will still be required to install a sprinkler system. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12d ORDINANCE NO. 17-85 ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS BY AMENDING ARTICLE XI , ESTABLISHING A COMPREHENSIVE SET OF REGULATIONS APPLICABLE TO WRECKER BUSINESS OPERATING WITHIN THE CITY OF WICHITA FALLS; DEFINING TERMS; TYPES OF ACCIDENTS COVERED; CERTAIN EXCEPTIONS; PROVIDING FOR PERMITTING OF WRECKER BUSINESS AND YEARLY FEES; PROVIDING FOR INSPECTION AND CERTIFICATION OF WRECKERS AND FEES; REQUIRING THE MARKING OF WRECKERS WITH BUSINESS OR OWNERSHIP IDENTIFICATION; REQUIRING INSURANCE TO BE CARRIED BY WRECKER SERVICES; REQUIRING PERMITS AND CERTIFICATION TO BE SHOWN ON DEMAND; PROVIDING FOR THE REMOVAL OF WRECKED, DISABLED AND POLICE PULL VEHICLES; PROVIDING A WRECKER ROTATION LIST WITH A MAXIMUM NUMBER ALLOWABLE; PROVIDING FOR A WAITING LIST FOR PLACES ON THE WRECKER ROTATION LIST; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS ON PUBLIC STREETS; PROHIBITING THE INTERRUPTION OF POLICE RADIO BROADCASTS; PROMULGATING CERTAIN DUTIES OF PERMITTEES; REGULATING FEES AND CHARGES FOR WRECKER SERVICES; SETTING STORAGE AND IMPOUND FEES; REQUIRING CERTAIN VEHICLES TO BE REMOVED TO THE CITY IMPOUND YARD; PROVIDING PROCEDURES FOR ADMINISTRATIVE AS WELL AS JUDICIAL ENFORCEMENT OF THESE PROVISIONS; PROVIDING A PENALTY OF SUSPENSION OR REVOCATION OF A PERMIT; PROVIDING A PENALTY OF A MAXIMUM FINE OF $200.00; AND DECLARING AN EMERGENCY. Moved by Councilman Wilson that Ordinance No. 17-85 be passed. Motion seconded by Councilman Welburn. Chief Harrelson stated that they had had a meeting with wrecker drivers, and he believes they have something which is acceptable to all of them. Police pulls are $35.00. Other pulls are $45.00. A $15.00 charge is made for service if there is not a pull , and the wrecker will be placed back on rotation. There will be a $50.00 charge for the use of a 2-ton wrecker. Assistant City Attorney Jeanie Thompson stated that a charge begins at the time of arriving at the scene. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12e Discussion was held on a proposed ordinance appropriating funds, and authorizing the Mayor to execute a contract with the Census Bureau for the purpose of conducting a special census. A motion was made by Councilman Palmer, and seconded by Councilman Welburn, for its passage. 651 Councilman Palmer stated that he had heard conflicting stories of the importance of a city being designated 100,000, or over, population. Mayor Cook stated that any kind of financing that comes from a formula based on population is of importance. The Census Bureau had indicated an estimate of 99,550. Beyond that point a recount would establish our population and financing based on that. He also mentioned the water study population growth. This would satisfy many facts that we need to have established in our community. Many businesses establish a 100,000 population as a minimum size city to locate their business in. Councilman Wilson stated that he believed a more important element than funding levels is giving the BCI a better tool to work with. The population data base is an essential element they look at. He believes it is an important tool to portray what we have to offer here. Mayor Cook stated that he does not think we can specifically establish a monetary value dollar for dollar. Of this amount ($141,820) , $82,820 would remain in Wichita Falls for manpower in performing the census. If it turned out that we are only 99,000, it would provide information of the need to know for long-term planning. A local group is interested in doing this work. Moved by Councilman Thomas that this matter be tabled until we can get some of these answers from the BCI , and the community. Motion seconded by Councilman Wilson, and carried unanimously. Item 12f Discussion was held on a proposed ordinance allowing an encroachment of a garage on street right-of-way at Lot 8, Block 89A, Highland Addition. A motion was made by Councilman Wilson, and seconded by Councilman Palmer, for its passage. City Attorney H.P. Hodge noted that the $500 depost has not been received by the city to insure that the new owners tear down the garage. Moved by Councilman Welburn that this matter be tabled until the deposit is received. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson Item 13a RESOLUTION NO. 16-85 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A ONE-YEAR CONTRACT WITH AN OPTION TO RENEW FOR TWO SUCCESSIVE ONE-YEAR PERIODS WITH GOLF PROFESSIONAL AT WEEKS PARK GOLF COURSE. Moved by Councilman Palmer that Resolution No. 16-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13b RESOLUTION NO. 17-85 A RESOLUTION AUTHORIZING THE NORTH TEXAS LIBRARY SYSTEM ADVISORY COUNCIL TO INCORPORATE THE NORTH TEXAS LIBRARY SYSTEM AS A NON-PROFIT CORPORATION. i 652 Moved by Councilman Harper that Resolution No. 17-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13c RESOLUTION NO. 18-85 RESOLUTION AUTHORIZING CITY'S CONTINUATION OF ITS PARTICIPATION IN THE 1984 TEXAS UTILITIES RATE CASE. Moved by Councilman Harper that Resolution 18-85 be passed. Motion seconded by Councilman Wilson. City Attorney H.P. Hodge explained this procedure and request. The cities ' point of view is are we going to be stuck with the PUC' s method of figuring the fuel cost adjustment, which they feel is a detriment to cities? This is added on top of the rates. Our fight is with the PUC, rather than the utility companies. Governor White stated that he would eliminate the fuel cost adjustment, but it was incorporated back into the rate. The governor wants it figured into the rate, rather than being shown separately. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13d RESOLUTION NO. 19-85 AGREEMENT APPORTIONING EXTRATERRITORIAL JURISDICTION BETWEEN WICHITA FALLS AND PLEASANT VALLEY. Moved by Councilman Palmer that Resolution No. 19-85 be passed. Motion seconded by Councilman Welburn. Planning Director Roger McKinner stated that an apportionment agree- ment was drafted in 1970, and referred to Pleasant Valley. It was never acted upon. Councilman Harper asked if we have talked with Pleasant Valley about what we are looking at today? City Attorney H.P. Hodge stated that the City Secretary of Pleasant Valley, Glen Miller has a copy of this, and he talked to him about it. Mr. Hodge stated that he and Mr. McKinney came up with three options of dividing the land. He further stated that Mr. Slack wants two tracts to be in the Pleasant Valley extraterritorial jurisdiction so he can get water for his subdivision. He also stated that he had talked to Glen Miller, and Pleasant Valley concurred with Option 3. They would not be willing to agree to Option 2. Mr. Miller stated that their council met last night, and talked about the proposal . No action was taken. Mr. McKinney chose Option 2 because it provided a much greater depth along the right-of-way, and he feels that should be included in Wichita Falls. Councilman Harper asked about the law in this case, and what happens if we don' t agree? It was explained that either city can go to District Court and ask the District Judge to apportion the extraterritorial jurisdiction. The Judge is given several guidelines to be used in making a decision. It is also in proportion to the population of the city, but the smaller city would get at least ten percent of the overlap. Councilman Harper believes it is in the best interest of the City of Wichita Falls that we control growth outside the city limits in the extraterritorial jurisdiction. He suggested that we meet with these people, and talk with them pretty straight. He believes it is important that we control this growth. We don' t have much control with what Pleasant Valley does with their water, and there would not be any way 653 Item 13d, cont'd we could prevent growth in this area, and he feels it is not in the best interest of Wichita Falls to allow this growth. The City Attorney noted that it behooves us to get an apportionment agreement with Pleasant Valley. Moved by Councilman Thomas that Option 2 be approved. Motion seconded by Councilman Wilson, and carried unanimously. The motion for passage of Resolution 19-85, with Option 2, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 14a Moved by Councilman Thomas that the bid for wet automotive storage batteries be awarded, as follows. a. Commercial Distributing Company - $9,574.20 b. Sears (alternate bid) - $3,899.00 Motion seconded by Councilman Wilson, and carried unanimously. Item 15a RESOLUTION NO. 20-85 RESOLUTION APPROVING FINAL PAYMENT TO C. D. GRAHAM CONSTRUCTION CO. AND ACCEPTING ADDITIONS AND ALTERATIONS TO THE RED DOOR SENIOR CITIZENS' CENTER. Moved by Councilman Harper that Resolution No. 20-85 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 15b RESOLUTION NO. 21-85 RESOLUTION APPROVING CHANGE ORDER NUMBER ONE AND ACCEPTING CONSTRUCTION OF MAPLEWOOD BOULEVARD/MIDWESTERN PARKWAY MEDIAN IRRIGATION SYSTEM BY LLOYD J. TAYLOR, III , d/b/a TAYLOR AND COMPANY. Moved by Councilman Thomas that Resolution No. 21-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 16a Dennis Thompson, Auditor, presented the annual financial report to the Council . He stated that the undesignated fund balance in the general fund is $7,960,000. This is up from $5,460,000 last year. Water revenue is also up. He stated that the financial health of the City is excellent. He also mentioned the management letter. Municipal Court is still under study. All items in last year' s management letter have been implemented except Municipal Court. The operational audit will be done this summer, with the department yet to be determined. 654 Item 16a, cont'd Fred Werner thanked Mr. Thompson and his staff. He also recognized Susan White, Pat Halverson, and Art DeWitt, of his staff. Steve Kizer appeared for Western Christian Foundation, at 4212 Fairway. He stated that permission was given by the Planning Board to locate a mobile home at 4501 Wyoming. The mobile home was set up 7 feet too close to the property line. He requested a waiver, stating that he did not feel that this man should be forced to bear the cost of relocating it. Mr. Kizer stated that he took out the permit. No other information or guidance was given to him in setting the mobile home. Councilman Thomas felt that the people who install them should be licensed, then they would have to move them if they were located in the wrong place. Councilman Wilson stated that the responsibility has to be with the property owner, although the contractor should have to bear a part in it. Mayor Cook suggested I that we should look at the permitting process on this. Mr. Kizer was re- ferred back to the Planning Board. Allen Palmatary thanked the Council for their work on the wrecker ordinance, along with Jeanie Thompson and Major Trainham. Items 16b,c The City Council recessed into executive session at 1:23 P.M. , pursuant to Article 6252-17, Section 2, Paragraphs (g) and (e) of the Revised Civil Statutes. The meeting reconvened at 7:05 P.M. Moved by Councilman Thomas that James Farmer be appointed to the Landmark Commission for a term from February 5, 1985 through December 31 , 1987. Motion seconded by Councilman Welburn, and carried unanimously. Item 16d No action was taken. The City Council adjourned at 7:10 P.M. PASSED AND APPROVED this �/t/� day of 1985. d a ok, Mayor ATTEST: Wi ma J. Thoma , CMC, City Clerk