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Min 12/02/1986 384 { Wichita Falls, Texas Memorial Auditorium Building December 2, 1986 Items 1 & 2 1 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. Charles Harper Mayor Sandy Goff Ruth Ann Allred Lindsey Walker Councilmen Don Kirkham Charles Thomas James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Ronald Buffum Absent The invocation was given by Jack Dial , Evangel Temple. Charles Harper, Mayor, read a poem written by Ashley Wood, a fourth grader at Crockett School , entitled "Turkey Hunt" . Item 3 Moved by Councilman Kirkham that minutes of the meeting held November 18, 1986, be approved. Motion seconded by Councilman Thomas, and carried unanimously. James Cook, a Data Processing employee, was honored as Employee of the Month for December. Charles Harper, Mayor, presented him with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Items 4a - 7a Moved by Councilman Goff that the consent agenda be approved. Motion seconded by Councilman Allred. Item 4a ORDINANCE NO. 96-86 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A UTILITY EASEMENT LYING ON THE SOUTH BOUNDARY OF LOT 4, BLOCK 7, MCKENZIE SUBDIVISION, WICHITA FALLS, TEXAS Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 4b ORDINANCE NO. 97-86 AN ORDINANCE CLOSING, VACATING, AND ABANDONING UTILITY EASEMENTS RETAINED ON CLOSED PORTIONS OF VALLEY DRIVE AND HARRISON STREET IN BLOCK 1A, EAST SUNSET HEIGHTS ADDITION, WICHITA FALLS, TEXAS 385 Item 4b (Cont. ) Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 5a RESOLUTION NO. 186-86 RESOLUTION TO AWARD BID FOR PHASE I , CYPRESS TREATMENT PLANT RENOVATION (CONTRACT E) Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 6a Minutes of the meeting of the Board of Electrical Examiners held November 13, 1986, were received. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 6b Minutes of the meeting of the Wichita Falls-Wichita County Public Health Board held October 31, 1986, were received. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 7a A refund of $3,446.69 was approved for Nortex Press, for taxes paid twice. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas , Allred, Kirkham, and Walker Nays: None Item 8a ORDINANCE NO. 98-86 ORDINANCE WAIVING SECTION 22-1, SUBSECTION (a) (9) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO ALLOW POSTING OF ADVERTISING DEVICES AND THE POSSESSION AND CONSUMPTION OF BEER AT HAMILTON PARK AT THE "EASTER SEAL RUN" ON SATURDAY, MARCH 28, 1987, FOR THE BENEFIT OF NORTH TEXAS REHABILITATION CENTER Moved by Councilman Kirkham that Ordinance No. 98-86 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 8b A motion was made by Councilman Thomas for discussion, and seconded by Councilman Kirkham, waiving a portion of an ordinance to allow the keeping of livestock at 1115 Rowland Road, less than 200 feet from other residences. 386 ( Item 8b (Cont. ) Jerry Ross, 1115 Rowland Road, stated that he was told by the Planning jDepartment that he could have livestock on this property. He applied for a permit and was told that he could not keep his horses on that property. He has letters from neighbors, stating that they do not object to him having the animals on the property. Planning Director Roger McKinney stated that what this gentleman was told, was that zoning would not apply in this case because it is less than four animals. Dr. Cox stated that the animal ordinance provides that you cannot have livestock within 200 feet of residences. There are twelve residences within 200 feet. One person would not sign anything, but stated the he did not care if he had horses. Mr. Ross stated that this property would be totally useless for anything °else because he does not have access to it except through his front yard. There is no alley behind it. He stated that he has two horses and a milking scow. The motion for passage of the ordinance failed by the following vote. Ayes: Councilmen Goff, Thomas, and Walker p Nays: Charles Harper, Mayor, Councilmen Allred and Kirkham Councilman Goff suggested that Mr. Ross ' realtor needs to be informed :on the rules of this property, and others. 9 Item 8c ORDINANCE NO. 99-86 AN ORDINANCE ALLOWING CERTAIN BUILDING AND FENCE ENCROACHMENTS ON A TWENTY FOOT WIDE ALLEY LOCATED AT THE REAR OF THE PROPERTY AT 2715 9TH STREET, WICHITA FALLS, TEXAS Moved by Councilman Thomas that Ordinance No. 99-86 be passed. Motion seconded by Councilman Goff. Roger McKinney stated that this was found when the owner wanted to re-finance his house. This is just to satisfy the financial institutions. Councilman Thomas wondered if we are giving away part of the alley? Mr. Hodge stated that if it is minimal , and would not affect the public interest, and it would be very important to the citizen, he would not have any problem with it. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 9a RESOLUTION NO. 187-86 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-MONTH CONTRACT WITH G. M. W. HAMILTON'S CORPORATION FOR CATERING SERVICES AT THE WICHITA FALLS ACTIVITIES CENTER Moved by Councilman Kirkham that Resolution No. 187-86 be passed. Motion seconded by Councilman Goff. Councilman Thomas noted that we provide the building and equipment for the contractor for food handling, asking why we don't do it ourselves? Mr. Barrett stated that it would create some real difficulties for us. He believes we would see less net revenue if we were operating it. We have 387 Item 9a (Cont. ) not had a real problem with maintenance of the equipment. This will be the third food contractor for the Activities Center, and this one will be for an interim period through January 31, 1987. They are required to handle routine maintenance, and we handle major repairs. Any catering company that a group wants to bring in can use the Activities Center. There is no approval from the City required if a group wants to bring in an outside caterer. Most groups use the caterer that is there. The option does not hurt us, but it provides a choice for customers who may want to bring in someone else. Councilman Goff confirmed that this group is part of the former Truffles organization. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 9b RESOLUTION NO. 188-86 RESOLUTION APPROVING CONTRACT WITH GROVES AND ASSOCIATES , INC. FOR PRELIMINARY STUDY AND PERMITTING FOR THE LOW WATER DAM Moved by Councilman Allred that Resolution No. 188-86 be passed. Motion seconded by Councilman Goff. Mr. Berzina stated that they have been under contract negotiations to get it the way they want it. This will take us through the permitting process. Mr. Groves is a licensed engineer and consultant. Councilman Kirkham confirmed that this will do the work necessary to get consideration for the permit. This does not assure a permit being issued. The motion was carried by the following vote. Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, and and Walker Nays: Councilman Kirkham. Item 9c RESOLUTION NO. 189-86 RESOLUTION APPROVING SEVEN YEAR NON-ANNEXATION CONTRACT WITH GENERAL MOTORS CORPORATION FOR ITS PLANT IN CITY' S EXTRATERRITORIAL JURIS- DICTION Moved by Councilman Thomas that Resolution No. 189-86 be passed. Motion seconded by Councilman Allred. Councilman Thomas confirmed that this contract tracks the previous contracts with PPG, Certainteed, Tesco, and Vitek, two years ago. City Attorney H. P. Hodge explained that this is basically the same contract. A provision was added that if they desire to sell or lease part of the pre- mises, they have to get permission from the City. The motion was carried by the following vote. Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Kirkham and Walker Nays: None RESOLUTION NO. 190-86 RESOLUTION APPROVING SEVEN YEAR NON-ANNEXATION CONTRACT WITH THE STANLEY WORKS FOR ITS PLANT IN CITY' S EXTRATERRITORIAL JURISDICTION 388 iItem 9c (Cont. ) 1 Moved by Councilman Kirkham that Resolution No. 190-86 be passed. Motion seconded by Councilman Thomas, and carried by the following ' vote. i Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Kirkham and Walker Nays: None IItem 9d 1 RESOLUTION NO. 191-86 RESOLUTION APPROVING NEW TWENTY YEAR LEASE FORM FOR CABIN SITES AT LAKE KICKAP00 Moved by Councilman Thomas for discussion, that Resolution No. 191-86 be passed. Motion seconded by Councilman Kirkham. Ray Farabee appeared as Attorney for persons who have lots at Lake � Kickapoo. He stated that they have worked with the City Attorney and City Manager on this lease. He also checked leases at other lakes to see what they do, and furnished those copies to the City. In this lease, they have clarified the position of lending institutions. He requested that an altern- ative to the six percent escalator would be a ten year re-determination of the rental charges. He would also like to have an additional ten-year option to the twenty-year period. The City would have the option to approve or disapprove the option, if they were not in compliance. He also wanted it made clear that at the death of the lessee, the heirs would succeed to the lease rights. He also desired clarification of the roads, in that they do not want an additional road tax since they already pay an Archer County road tax. He noted that the City uses one road extensively to take out gravel . Some would not need a road. Twelve persons would use it. Mr. Farabee also suggested filing a plat of the lots in Archer County to improve records. He also suggested a uniform date of renewal for the expiring leases. Mr. Berzina stated that he has a problem of locking a fee into a ten-year period. He has no problem on the thirty years. Mr. Farabee noted that lending institutions want a longer term. The ten-year escalator could provide for a 150 percent increase. A ten-year re-determination is a reasonable compromise to an automatic escalator. This will get the City almost the same amount of money, and he feels it will get the City more rentals. Mr. Hodge clarified that the way he determines his suggestion is that the first rate would be $200. The second ten-year period would be a maximum of $300. Mr. Farabee agreed, stating that the first two issues are the ma4or issues. Councilman Thomas noted that there are a lot of roads around Lake Kickapoo that we grade. It is upsetting to the Council that these people are paying taxes to a county that the City is not getting any benefit from. There is no way a road could be blacktopped without a fee. Mr. Farabee stated that except for one road the City uses, he would hope that Archer County would be sensitive to the needs of these people. Councilman Walker noted that this six percent increase could work both ways. The second problem he has is that human nature opposes changes. At the end of ten years we raise the rates 150 percent. He feels they would have a lot of screaming from the people because of the large amount. It seems to him that an incremental change would be a more approachable matter to the citizens. Mr. Farabee stated that the people he has talked to prefer the re-deter- mination rate. They are willing to pay 300 percent more now. This gives them the opportunity to look at it again. 389 Item 9d (Cont. ) Councilman Allred asked Mr. Farabee if they compromise on the rate, if they would compromise on the re-determination period? Mr. Farabee stated that they could go to five years. He would hope they would change the per- centage cost. He noted that when you are dealing with real estate, ten years is not very long. Councilman Walker stated that we want to be fair to the people who live there, but also fair to the citizens the Council serves. He would much prefer a shorter period of time. Mr. Farabee stated that the people wanted to be assured that they would not have a road fee assessed to them. He would be glad to try to work with Mr. Hodge on this. The best thing would be to try to get Archer County to do something about it. If the City goes to some extra expense on the road that they use, then they will have everyone participate, but if the City continues as is, then no road maintenance fee would be needed by the City from the lessees. He does not want to cause any problem for the City. Councilman Thomas asked about additional maintenance requests by the lessees? Mr. Berzina stated that the City has been underwriting the costs of the road at Lake Kickapoo. The money that is being brought in now from the leases does not cover the cost of the maintenance on the road. Mr. Farabee wanted the lease to indicate that death should not be an assignment, but would enure to the heirs of the lessee. Boat houses and single wide mobile homes were discussed. Councilman Goff' s concern about boat houses is for health and safety standards. This is something she would want to monitor very closely. A lengthy discussion continued on the best way to arrive at a solution. Mr. Berzina stated that the lessees have been seeking some form of certainty. He believes the six percent is more of a certainty. The other method would lock you in for twenty years, with a maximum of $300. We are getting into a situation where council members have said they do not want to be put in-- ---outof control . He does not believe that the six percent is unknown and uncertain. He urged them not to limit themselves. There is no other fee that they do it for, and he requested that they not do it on this. If they are losing control , why do it? They have not been unreasonable in the past on the lot fee. Why would they assume they would in the future? One last concern is that they have a lease until 1994 now. They will still have the lease you are talking about giving them today. He emphasized that we are selling ourselves short. Councilman Thomas feels that the City of Wichita Falls and the taxpayers should not be out any additional expense to pay for any repairs at the lake, used by someone else. He does not think we would have any problem with the five years. Councilman Kirkham stated that he has some heartburn with this limitation. He would prefer a five year review to see what the economy is at that time. Mr. Berzina explained that there is a 40-50 year history on this. It could be left at six percent, as warranted, and review it each year. Councilman Thomas did not know whether this cost to the City would be justi- fiable. Councilman Walker is concerned that we get an equitable return on our investment. If they get it locked in, there is nothing we could do about it. He is not concerned that the people will pack up and go, but he is concerned about getting locked in. We need to be fair with the people in Wichita Falls, as well as out there. Moved by Councilman Goff that an amendment to the lease be proposed to remove the six percent escalation, and have a five-year re-determination of the rate for renewal , with a ten-year option, and assignment to the heirs. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, . Councilmen Goff, Walker, Allred, and Kirkham 390 i Item 9d (Cont. ) i Nays: Councilman Thomas The lease was amended by the following vote. Ayes: Mayor Harper, Councilmen Goff, Allred, Thomas, Walker, and Kirkham Nays: None Public roads were discussed. There was no problem with Paragraph 16. i Councilman Thomas asked about the platting and filing of the lease dots. The City Attorney explained that it has nothing to do with ownership. ' It just simplifies the sale of a person' s 1ot •if it is on record in Archer !County, stating what it is. He is not sure that it is platted to the standards 'they require. They can take a look at it. City Attorney H. P. Hodge stated that he is concerned about the language ;when we are talking about re-determination. The language states that the ;rate should be established by the lessor at its sole discretion. Someone ;had mentioned market value. Mr. Farabee suggested a 130 percent maximum. Charles Harper, Mayor, hated to see a cap on what we can charge. It might cost more. Moved by Councilman Kirkham that the lease be amended to plug in the language suggested by Mr. Farabee in the original lease, with a maximum ;of 130 percent at the end of five years, and that the rates shall be estab- lished by lessor at its sole discretion. i Motion seconded by Councilman Thomas, and carried unanimously. The motion for passage of Resolution No. 191-86 was carried by the 'following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker 'M Nays: None Councilman Thomas noted that if some people don't choose to renew their lease, the Council may choose not to release this property. Item 9e RESOLUTION NO. 192-86 RESOLUTION SUPPORTING PARTICIPATION IN THE TEXAS MAIN STREET PROGRAM AS A SELF-INITIATED PROJECT Moved by Councilman Thomas that Resolution No. 192-86 be passed. Motion seconded by Councilman Goff. Mr. Berzina noted that this is about $1 ,000 a year support. Julie Caddell explained that this resolution acknowledges that the City participates in this program. She further noted the Christmas promotions going on down- town. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 9f RESOLUTION NO. 193-86 AUTHORIZING PARTICIPATION WITHIN THE WICHITA COUNTY 9-1-1 COM- MUNICATION DISTRICT 391 Item 9f (Cont. ) Moved by Councilman Thomas that Resolution No. 193-86 be passed. Motion seconded by Councilman Allred. Councilman Thomas noted that the County had appointed him to this board. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 9g was pulled from the agenda. The City Council recessed at 10:35 A.M. , and the meeting resumed at 10:55 A.M. Item l0a RESOLUTION 194-86 RESOLUTION AWARDING CONTRACT FOR LANDSCAPING AND IRRIGATION SYSTEM AT CYPRESS WATER PURIFICATION PLANT Moved by Councilman Thomas that Resolution No. 194-86 be passed. Motion seconded by Councilman Walker, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 10b RESOLUTION NO. 195-86 RESOLUTION TO ACCEPT BID OF MARVIN GROVES ELECTRIC COMPANY FOR TELEMETRY AND CONTROL SYSTEM FOR SANITARY SEWER LIFT STATIONS AND WATER DISTRIBUTION FACILITIES Moved by Councilman Goff that Resolution No. 195-86 be passed. Motion seconded by Councilman Allred. Mr. Bonnett explained that this will be beneficial to the City. They can monitor the entire system with a computer. It will provide an alarm system for all lift stations. Councilman Thomas mentioned Motorola's problem with the bid. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 10c RESOLUTION NO. 196-86 RESOLUTION AWARDING CONTRACT FOR THE LANDFILL BUILDING EXTENSION PROJECT Moved by Councilman Goff that Resolution No. 196-86 be passed. 392 Item 10c (Cont. ) Motion seconded by Councilman Allred. It was noted that this addition is needed for maintenance, and had been budgeted. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item lla i RESOLUTION NO. 197-86 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH CONRAD STALEY & ASSOCIATES FOR DESIGN WORK ON THE SOFTBALL COMPLEX Moved by Councilman Walker that Resolution No. 197-86 be passed. Motion seconded by Councilman Goff. Parks Director Jack Murphy noted that the master plan states that there are two ball fields on each side. Not all of the money will be spent on this. He explained the items that will be addressed in this contract. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item llb RESOLUTION NO. 198-86 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE HAMILTON PARK HANDICAP AND FITNESS AREA Moved by Councilman Thomas that Resolution No. 198-86 be passed. Motion seconded by Councilman Goff. Councilman Thomas suggested that they invite the girl , who had the idea, to the grand opening, along with school officials. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Kirkham, and Walker Nays: None Item 12a Councilman Walker noted that we have two high school football teams who are bringing a positive image to the city. Charles Harper, Mayor, noted that he will write congratulatory letters to each of them. The Iowa Park football team was mentioned as also being in the state playoffs. Charles Harper, Mayor, noted that he had been asked where we are on talks concerning the metro squad. Mr. Berzina stated that they hoped more personnel could be added in pursuit of district enforcement. They have not made any proposals for additional people. They want to work with other Jurisdictions on the enforcement end. Police Chief Harrelson stated that so much of our narcotic traffic today is taking us outside the city limits, and into other counties. If 393 Item 12a (Cont. ) we added anyone in the department now, we are still looking at an interim training. They are working very closely with the Sheriff' s Department, the District Attorney' s Office, and the Department of Public Safety will also be included in this. Councilman Goff stated that she had been approached by an individual who would be willing to raise funds, and they wondered what the legalities of this would be in donating money to the Police Department. She sated that she would provide the name to Chief Harrelson. Councilman Thomas asked if they had had more contact with people who are pushing drugs since publicity on this war on drugs has been presented? Chief Harrelson stated that they are getting more calls on it from citizens. He feels that they will eventually see some positive results. Charles Harper, Mayor, noted that a delegation from the Lawton City Council will be here for a meeting next Thursday. Item 12b The City Council adjourned into executive session at 11:20 A.M. , according to Article 6252-17,Section 2, Paragraph (g) , of the Revised Civil Statutes. PASSED AND APPROVED this fly° C day of 1986. U � � Charles Harper, Mayor ATTEST: lma J. Thoma , CMC, City Clerk