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Min 10/21/1986 354 Wichita Falls, Texas Memorial Auditorium Building October 21, 1986 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 5:30 O'clock P.M. , with the following members present. Charles Harper Mayor Sandy Goff Ruth Ann Allred Ronald Buffum Councilmen Lindsey Walker Charles Thomas Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Joe Glenn, Church of Christ at Tenth and Broad. Item 3 Moved by Councilman Thomas minutes of the meetings held October 7 and 14, 1986, be approved. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Charles Harper, Mayor, noted that a letter from the U.S. Congress of (Mayors asked the cities to cooperate with the President's proclamations ;regarding hunger in the nation. He presented awards to Faith Mission, Pete and Sharon Smith for Lifetime Achievement, Merle Anthony for Education and Scientist, Dr. Ed Stock for Interfaith (private corporation) , Larry Grauverholz for Individual Achievement (Food Bank) , and the government award to Wichita County. Mrs. Anthony and a representative from Wichita County, were not present for the awards, but they will be forwarded to them. Items 4a-7g Items 5c and 7a were moved to the regular agenda. Moved by Councilman Goff that the consent agenda be approved. Motion seconded by Councilman Kirkham. Item 4a ORDINANCE NO. 88-86 ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY-FIVE FEET WIDE, EAST-WEST ALLEY, LYING BETWEEN LOTS 3 & 4, BLOCK 1 , KEMP & JACKSON SUBDIVISION, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None 355 Item 5a RESOLUTION NO. 159-86 RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF INTENTION TO LEASE FOR OIL AND GAS CERTAIN LANDS LOCATED AT LAKE KICKAP00 IN ARCHER COUNTY, TEXAS Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 5b RESOLUTION NO. 160-86 RESOLUTION TO APPROVE AGREEMENTS WITH BURLINGTON NORTHERN RAILROAD COMPANY FOR PIPE LINE LICENSES Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 6a RESOLUTION NO. 161-86 RESOLUTION ACCEPTING THE WORK TO REMOVE ASBESTOS FROM THE POLICE BUILDING AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7b Minutes of the meeting of the Planning and Zoning Commission held October 8, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7c Minutes of the meeting of the Board of Electrical Examiners held October 9, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7d Minutes of the meeting of the Zoning Board of Adjustment held September 17, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7e Minutes of the meeting of the Landmark Commission held September 18, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None 356 Item 7f Minutes of the meeting of the Employee Benefit Trust Committee held September 26, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7g Minutes of the meeting of the Youth Activities Advisory Council held October 6, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 5c RESOLUTION NO. 162-86 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS Moved by Councilman Thomas, for discussion, that Resolution No. 162-86 be passed. Motion seconded by Councilman Buffum. Councilman Buffum asked about the paragraph on assignability. City Attorney H. P. Hodge stated that it would be up to the contractor to work this out with their bank. He was also concerned about monitoring funds in the paragraph pertaining to renegotiation. He also asked if there appeared to be a conflict in the paragraph on future funding. City Manager James Berzina stated that this gives the Council a choice. In the paragraph con- cerning interest of city and others, Councilman Buffum asked if serving on the Board of Directors of a board receiving funding is a conflict of interest? City Attorney H. P. Hodge stated that he did not believe it would be a conflict of interest. Councilman Kirkham asked who conducts the audits? Mr. Barrett stated ' that their books are open to the City, or we can conduct our own audit. The motion was carried by the following vote. i Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7a Moved by Councilman Allred that minutes of the meeting of the Kemp Public Library Advisory Board held September 3, 1986, be received. Motion seconded by Councilman Buffum. Councilman Buffum noted an extensive discussion concerning establishment of Friends of the Library. Mr. Barrett explained the role of the group in support of the library, stating that he feels it would be very valuable for our library. The motion was carried unanimously. Item 8a ORDINANCE NO. 89-86 ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR CERTAIN HEALTH CLINIC SERVICES 357 Item 8a (Cont) Moved by Councilman Goff that Ordinance No. 89-86 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8b ORDINANCE NO. 90-86 AN ORDINANCE REZONING HILL & HILL HEIGHTS, SECTIONS 1 & 2 AND PORTIONS OF BLOCKS 11 & 12, DENTON COUNTY SCHOOL LAND, LEAGUE 2, WICHITA FALLS, TEXAS, FROM SINGLE-FAMILY RESIDENTIAL (SF-1 AND MULTI-FAMILY RESIDENTIAL (MFR) TO SINGLE-FAMILY RESIDENTIAL (SF-2) ZONING DISTRICT Moved by Councilman Buffum that Ordinance No. 90-86 be passed. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8c An ordinance was considered annexing a tract of land totaling 135.3 acres to the City. Most of this land is the River Ridge project. Buford Rice, 3709 Sheridan Road, stated that ten acres in this annexation belong to him. He opposed the annexation. He stated that there is no sewer service on this land, or any discussion of it. He stated that he receives and income of $1 ,000 per year on this property from a firecracker stand. This will take an asset and make it a liability for him. He stated that he doesn 't care if the River Ridge people get into the City limits, but he doesn' t want to. He stated that he never got any services for his taxes. Charles Harper, Mayor, stated that the extension of Loop 11 will go right through his property on Airport Drive. He also mentioned various city services that Mr. Rice has out there. Sewer service is available to him if he wants to hook on to it. He also has water. Mr. McKinney stated that Loop 11 is on the federal urban system. They may ask the State to participate. Until the street is actually designed, no one can say exactly what the alignment of the street will be. Mr. Berzina stated that hearings would be held before streets are put in. Councilman Buffum asked Mr. Rice if he didn 't believe there would be a significant increase in the value of his property with frontage on a major road? Mr. Rice agreed that it would, in time. Councilman Thomas asked if we had to annex Tract 5? Mr. McKinney stated that it would be important that we annex this tract, to be consistent with what we have previously done, and it may become developable property. Mr. Berzina explained that we can extend the sewer service if the property owner requests it. The theory is to try to capture it before it is developed. Mr. McKinney stated that they also try to prevent splitting tracts of land, if it is not essential for the annexation process. The existing city limits are already 200 feet North of the Central Expressway, so a lot of Mr. Rice's property is already in the city limits. Bill Williams, of Desoto, Texas, and the River Ridge project, stated that the only way Mr. Rice will ever receive sewer service in that area is for them to build on it. He will receive it when they begin working on it. Until it is annexed, they cannot spend the money on engineers for designing it until this becomes legal . Mr. Barrett noted that Mr. Rice would have to pay about $75.00 a year in taxes on his property. 358 Item 8c (Cont) Councilman Kirkham asked how we could keep the water tank in that area from overflowing? Mr. Bonnett stated that there have not been any problems since he has been on board. Councilman Kirkham thought that in 1979-80, there were some overflows on that tank. ORDINANCE NO. 87-86 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, BY ANNEXING A CERTAIN TRACT OF LAND ADJACENT TO THE TERR- ITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACT OF LAND AND SERVICE PLAN FOR SUCH TRACT OF LAND ARE DESCRIBED IN THIS ORDINANCE Moved by Councilman Kirkham that Ordinance No. 87-86 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None It was noted that River Ridge will be asking Planning and Zoning to rezone from Single Family One, as it comes into the city limits that way. Item 8d ORDINANCE NO. 91-86 ORDINANCE APPROPRIATING $61 ,600 FROM THE GENERAL FUND TO ACCOUNT NUMBER LISTED BELOW FOR THE PURPOSE OF ACQUIRING PROPERTY FOR THE ATHLETIC COMPLEX AND DECLARING AN EMERGENCY Moved by Councilman Goff that Ordinance No. 91-86 be passed. Motion seconded by Councilman Allred. Councilman Buffum stated that the first step of this plan is construction of an actual complex. He asked about the cost. Mr. Berzina stated that this is subject to interpretation, but it appears that construction and land costs for four fields would range from $771,000 to $1 ,573,000. One parcel is revenue producing. Two of the owners are willing to settle for the appraised value. If we go to condemnation, he feels the revenue on that lease will come into play. The only variable he sees may be in site preparation. This is for a four-diamond complex. Mr. Bonnett noted that they do not have a good feel at all for the potential costs they will incur on the dirt at that site. If we only purchase two parcels, he feels this would go a long way in providing the dirt. Councilman Goff asked when the work will start on the dam? Mr. Bonnett thinks it will be about five years. Phase I will be on the lower end of the project. Some of the dam and spillway work will be done during the channelization of the creek. Councilman Buffum asked about spending priorities? Mr. Berzina stated that he feels we will be forced to pick and chose on some of the priorities which have been established. Mr. Berzina feels that we will need to spend some of the equity funds. Councilman Walker stated that in dealing with prioritizing, the softball complex is a commitment which we have already made. When Jaycee Park was being considered, it was just a matter of getting it done. This has to be something that we will address because we removed some softball diamonds. He is concerned about a commitment we have made, and we should go on with it. Mr. berzina noted that the key question is where it is placed. He recommended Jaycee Park because we do not have to acquire the land. We may need to talk about additional people to maintain this land, if it is purchased. 359 Item 8d (Cont) Councilman Buffum stated that we need to be aware of what the overall costs would be. His concern is the amount of money that will be dedicated to it. It has nothing to do with the concept of it, but of looking forward to what it will cost. Mr. Murphy noted that state funds were denied because it was a single purpose use. There were also many requests that were not funded. Councilman Kirkham asked if we could request the State for assistance on the Twin Falls site? Mr. Berzina stated that we could, but it will be next June before it will be considered. If we start ahead of that, they will not help us. Councilman Kirkham called for the question, and the vote was unanimous. The motion for passage of Ordinance No. 91-86 was carried by the following vote. Ayes: Mayor Harper, Councilmen, Goff, Thomas, Allred, Kirkham, and Walker Nays: Councilman Buffum Item 9a RESOLUTION NO. 163-86 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTABLE ACCOUNTS RECEIVABLE TOTALING $60,428.36 FROM AN ACTIVE TO DORMANT STATUS Fred Werner explained that these accounts were transferred to the City Attorney' s office for collection. They are not being written off. Moved by Councilman Goff that Resolution No. 163-86 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 9b RESOLUTION NO. 164-86 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR A MULTI-FIELD ATHLETIC COMPLEX, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilman Kirkham that Resolution No. 164-86 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: Councilman Buffum Item 9c RESOLUTION NO. 165-86 RESOLUTION TO APPROVE ENGINEERING CONTRACT FOR REHABILITATION WORK AT THE JASPER STREET WATER TREATMENT PLANT Moved by Councilman Walker that Resolution No. 165-86 be passed. Motion seconded by Councilman Goff. 360 ! Item 9c (Cont) Mr. Bonnett explained what will be done on this project. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 9d RESOLUTION NO. 166-86 RESOLUTION TO APPROVE CONTRACT FOR LEASING OF LAND TO INJECT WASTE- WATER TREATMENT PLANT SLUDGE Moved by Councilman Buffum that Resolution No. 166-86 be passed. Motion seconded by Councilman Kirkham. Mr. Bonnett explained to Councilman Buffum how we determine that we are not contaminating ground water. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: none Item l0a RESOLUTION NO. 167-86 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH AETNA LIFE AND CASUALTY FOR EMPLOYEE LIFE INSURANCE PROGRAMS Moved by Councilman Allred that Resolution No. 167-86 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 10b RESOLUTION NO. 168-86 RESOLUTION ACCEPTING BID OF RUTLEDGE PLUMBING CO. FOR CONSTRUCTION OF LAWN SPRINKLER SYSTEM AT LOG CABIN IN LUCY PARK Moved by Councilman Thomas that Resolution No. 168-86 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 10c Moved by Councilman Allred that the bid for public official liability insurance be rejected. Motion seconded by Councilman Goff, and carried unanimously. 361 Item 10d RESOLUTION NO. 169-86 RESOLUTION ACCEPTING BID OF WILLIAMS DWYER COMPANY FOR EXCESS WORKER' COMPENSATION INSURANCE Moved by Councilman Goff that Resolution No. 169-86 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item lla RESOLUTION NO. 170-86 RESOLUTION ACCEPTING AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT ON CONTRACT WITH C. D. GRAHAM CONSTRUCTION CO. FOR THE RENOVATION OF THE MUNICIPAL AIRPORT TERMINAL BUILDING Moved by Councilman Allred that Resolution No. 170-86 be passed. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 12a Moved by CouncilmanAllred that a public hearing on additional taxicabs for Claudio Ramirez, Sr. , be set for November 4, 1986, at 8:30 A.M. Motion seconded by Councilman Buffum. Councilman Allred asked about an accurate count of cabs in the city. She also asked if there is any kind of transportation study that would tell us how many a city of this size should have? Mr. Berzina stated that he did not know of any studies, but we can tell how many are operating here. She would like any information available before the hearing. Mr. Berzina noted that if there were too many, they just would not make any money. City Attorney H. P. Hodge agreed that the pendulum seems to have swung in letting the marketplace set the rate, instead of regulatory. The motion was carried unanimously. Item 12b Mrs. Head, 1819 South Eden Hills Circle, stated that she bought her home in 1970. She asked who is responsible for the easement behind their home? There is a ditch at 1839 Eden Lane, which has gotten out of control . She has a railroad track behind her home. Mr. Berzina stated that if it is a utility type easement, it is the responsibility of the property owner. If it is the railroad right-of-way, then they would be responsible. She stated that Mr. King said there is someone who has been contracted to mow it. Mr. McKinney stated that there is an easement at the rear of the lot. Sometimes the property owners fence the easement, and sometimes they don't. The railroad that runs behind there is under contract with Sheppard Air Force Base to mow it. In terms of the ownership, if it is on an easement, it is her responsibility to mow it. Charles Harper, Mayor, requested the City staff to determine exactly what the situation is. Councilman Thomas suggested that she check her title to see where the easement is. He further suggested that she get in touch with Colonel Redding, at Sheppard Air Force Base. 362 ,Item 12b (Cont) Mr. Berzina stated that if it is private property between the railroad and property owners, the City may not want to get into it. The railroad is owned by Sheppard Air Force Base. Mr. Reed, 1839 Eden Lane, stated that they have twelve feet that they own and mow. He confirmed what Mrs. Head said. He noted that the main thing he is here for is the ditch. Water comes from Sheppard Air Force Base down that way, and right by his house. He feels that more culverts need to be placed under that track. He built his house in 1969. The railroad has been there about 30 year. The Council will look into this matter. Mr. Berzina also has a report on the Covington ditch. Manuel Garcia, Jr. , 1934 Hines, appeared on behalf of his uncle, Louis Esquibel , thanking the Council on behalf of the softball players. Charles Harper, Mayor, asked Mr. Bonnett to report on what we can expect Ion Holliday Creek in the future. Mr. Bonnett stated that he has requested a copy of the bill . They have been visiting with the Corps of Engineers. It is their belief that we are funded at 30 percent. He hopes to have a draft agreement on funding by November 25. They are also reviewing the dam height. (Councilman Walker left the meeting. ) The Corps of Engineers is planning on four phases. The first phase is the design phase, from the mouth to the bridge. The second phase is from the railroad bridge to McGrath Creek. The third phase is from McGrath Creek to Lake Wichita dam. The fourth phase is the dam and spillway work. He noted that once the Corps takes over, it is kind of another entity working with the contract. Charles Harper, Mayor, mentioned an extended period of time when the lake will be dry, maybe two years. He requested that Mr. Bonnett think about what we can do with this lake when it is dry, such as dredging. Mr. Bonnett will put together some different levels of funding. Charles Harper also noted that our neighboring city on the south should not be over- looked in their chance to participate in this. He stated that he is pleased with the staff and council , and previous councils, for their work on it. He noted that passage of the Senate Bill was taped by Norma Crane and Troy Jensen, by satellite. Charles Harper, Mayor, commented about meeting with Lawton Officials in signing the resolution, and meeting at Tinker' s for a possible agenda on mutual subjects, possibly on November 6 or 14, 1986. Charles Harper, Mayor, suggested the date of November 11 , 1986, at 8:30 A.M. , for a work session on the City Manager' s report. They will discuss priorities and funding mechanisms. Councilman Goff thanked Mr. berzina for the report, stating that it is very well done, and very well organized. Item 12c The City Council recessed into executive session at 7:50 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) , of the Revised Civil Statutes. The Council reconvened at 10:45 P.M. , and immediately adjourned. PASSED AND APPROVED this d 198 . Charles Harper, Mayor ATTEST: 4 ,1 c� Wilma J. Tho s, CMC, City Clerk