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Min 02/17/1987 443 Wichita Falls, Texas Memorial Auditorium Building February 17, 1987 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 Charles Thomas Ruth Ann Allred Ronald Buffum Councilmen Lindsey Walker 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 James Palmer, Floral Heights United Methodist Church. A poem, by Inez Clark Thorson, was read by Charles Harper, Mayor. Charles Harper, Mayor, presented a proclamation to James Palmer and Pete and Sharen Smith, for Faith City Mission. Item 3 Moved by Councilman Thomas that minutes of the meeting held February 3, 1987, be approved. Motion seconded by Councilman Buffum, and carried unanimously. Charles Harper, Mayor, complimented Mrs. Thomas for her work on the minutes. Item 4a 8d Items 7b, 7c, and 7e were moved to the reqular agenda. Moved by Councilman Kirkham that the consent agenda be approved. Motion seconded by Councilman Allred. Item 4a The Er,,�lo�vee of the Month ;aas sti11 i11 . Item 5a ORDINANCE NO. 8-87 ORDINANCE CHANGING THE DATE OF THE FIRST REGULAR COUNCIL MEETING IN MARCH FROM MARCH 3, 1987 TO MARCH 5, 1987. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None 444 Item 6a The bid for a. Street Sweeper was awarded to Dickson Equipment Company, Rowlett, in the amount of $66,980. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7a Minutes of the meeting of the Clean Community Commission held October 1 , 1986, were received. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7d Minutes of the meeting of the Zoning Board of Adjustment held January 21, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7f Minutes of the meeting of the Clean Community Commission held January 29, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8a A refund of taxes paid twice was approved for Hand W. Real Estate, in the amount of $1 ,634.76. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8b A refund of taxes paid twice was approved for George R. Chapman, in the amount of $4,819.96. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8c A refund of taxes paid twice was approved for Colwell Financial Corporation in the amount of $525.02. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8d A refund of taxes paid twice was approved for Dowell Schlumberger, Inc. , in the amount of $655.57. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None 445 Item 7b j Moved by Councilman , Buffum, for discussion, that minutes of� the meeting j of the Kemp Public Library Advisory Board held January 7, 1987, be received. Motion seconded by Councilman Allred. Councilman Buffum asked about response from the Library Board on suggest- ions they had received. Mr. Barrett indicated that it was very well . Major improvements are being made in the Library. The motion was carried unanimously. Item 7c Councilman Thomas noted that he would not participate in discussion on voting on this item because of a possible conflict of interest. Moved by Councilman Goff that minutes of the meeting of the Planning and Zoning Commission held on January 14, 1987, be received. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Walker, Allred, Buffum, and Kirkham Nays: None Item 7e Moved by Councilman Thomas that minutes of the meeting of the Park Board. held January 22, 1987, be received. Motion seconded by Councilman Allred. Charles Harper, Mayor, asked if the February 18 meeting is still scheduled for the public forum for responding to the parks survey conducted by David Martin. Jack Murphy stated that it is. The motion was carried unanimously. Item 9a Discussion was held on a proposed ordinance rezoning Lot 24, Block 39A, Sheppard Heights (2405 Piedmont) from single family to general commercial zone. It was moved by Councilman Thomas, for discussion, and seconded by Councilman Buffum, that the ordinance be passed. Councilman Buffum clarified that this is the McDonald' s location on Kemp Street. They are attempting to acquire the property back of them to expand the parking lot. Mr. McKinney stated that there are two businesses immediately across- 'from McDonalds. There is also a beauty shop which was grandfathered. The remainder is single family residences. They can still take private action under deed restrictions. Mr. McKinney stated that when the zoning ordinance was passed, they zoned some of the property limited commercial in some cases to recognize existing development which was already there. In this area, 31.5 percent of the property owners within 200 feet, were opposed to rezoning the property. It will take six votes for passage. Mary Bijack, 3104 Sherwood, stated that she purchased her home in 1949 for a home, and she would like it to remain as valuable as possible. She requested that the Council consider those whose life savings are tied up in this property, and not make it commercial . Rick Boone, with McDonalds stated that only three property owners are opposing this who are adjacent to McDonalds. Charles Harper, Mayor, stated that his map shows nine. Mr. McKinney stated that they received considerably more than three. Mr. Boone stated that they are not establishing a new business, but expanding the one they have. They will use it for employee parking - not for customers. He stated that they would be willing to put 446 Item 9a, (Cont'd. ) up barriers with fences or shrubbery. He stated that it is not feasible to expand the building if they cannot purchase more parking. The gentleman on the South of them will not sell to them. Sally Hinchell spoke for Mary Pliska, at 3314 Sherwood. She checked the entire deed restrictions. They wrote a contract on that property, contin- gent upon the zoning. She mentioned problems on Brook Street, stating that if McDonald' s is allowed to do this, what would keep the person across the street from doing the same thing. Charles Harper, Mayor, requested Mrs. Hinchell to pass on some corrected information to Mrs. Pliska, which he told her yesterday. Beatrice Adams, 2404 Piedmont, stated that they have a hard time getting out of their drive. Last Saturday there was a school bus parked on Piedmont. She could see fifteen vacant parking spaces on the lot. If a parking area is placed farther back on Piedmont, it will be directly across from their driveway. The florist and beauty shop do not give them any problems. They u'o not want to move. Max Odle appeared, with Hirschi Realtors, stating that most of these homes have been purchased since McDonald' s was there. The only thing this does is square off the property that McDonald' s does not now own. Increasing the size of the parking lot would ease the parking situation. Councilman Kirkham asked if this area is zoned general commercial 100 feet back of McDonald' s. Mr. McKinney stated that it is back to the alley. The proposed barrier would be along the alley; not all the way to the street. Mr. Crane, 3106 Sherwood, asked what would happen to the alley, stating that he was there before McDonald' s. Mr. McKinney stated that the alley is too narrow to serve as much of an access point. Mr. Crane stated that traffic would be terrible if it were opened up. The motion failed by the following vote. Ayes: None (days: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Item 9b No motion was made on this item (sale of water to Claude Taylor outside the city limits) . The Council retained its present policy. Item 9c ORDINANCE NO. 9-87 AN ORDINANCE REZONING LOTS 1-A & 1-B, BLOCK 2, CITY CONCRETE INC. ADDITION, WICHITA FALLS, TEXAS, FROM GENERAL COMMERCIAL TO HEAVY COMMERCIAL ZONE Moved by Councilman Walker that Ordinance No. 9-87 be passed. Motion seconded by Councilman Thomas. Mr. McKinney stated that this is to expand their existing business by adding scales. Fifty percent of the property owners are in favor of rezoning. James Esther was concerned if they used Roanoke Street. Mr. Litteken has stated that they do not use that street. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None 447 Item 9d ORDINANCE NO. 10-87 AN ORDINANCE CHANGING THE NAME OF THE PORTION OF ALEXANDRIA ROAD, LYING BETWEEN JOHNSON ROAD AND KELL BOULEVARD i Moved by Councilman Goff that Ordinance No. 10-87 be passed, renaming that portion of the street Ed Neal Drive. Motion seconded by Councilman Walker Moved by Councilman Walker that this item be tabled until someone can call the Neal family to determine if they would be in favor of this. i Motion seconded by Councilman Buffum, and carried unanimously. It was reported that the Neal family is in favor of this. i Moved by Councilman Thomas that this matter be removed from the table. Motion seconded by Councilman Buffum, and carried unanimously. Moved by Councilman Thomas that Ordinance No. 10-87 be passed, renaming that portion of the street Ed Neal Drive. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilman Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None I tern 9e ORDINANCE NO. 11-87 ORDINANCE WAIVING SECTION 22-1, SUBSECTION (a) (9) OF THE CODE OF ORDINANCES TO ALLOW THE POSTING OF ADVERTISING MATERIAL i Moved by Councilman Goff, for discussion, that Ordinance No. 11-87 be passed. f Motion seconded by Councilman Buffum. I Councilman Buffum stated that he is uncomfortable with waiver of sales. Mr. Berzina stated that this is not usually allowed. If you do it for one, you probably should be prepared to do it for others. Jimmy Jones, 4128 Lavell , appeared as District Director of Muscular Dystrophy Association. They are forecasting 100-150 motorcycle riders. It is not a race. They will stop at five points. Councilman Walker asked if this is the first time for this Poker Run, and Mr. Jones stated that he believes it is. Mr. Jones explained that the reason they are asking for the waiver of sales is that the majority of money raised will be in advance in the fees, etc. A concession truck will be posted with signs. Councilman Thomas confirmed with Jack Murphy that the ordinance specifies merchandise sold on the property. This is mostly for participants. Moved by Councilman Goff that the ordinance be amended to allow the waiver of advertising in the parks, but not to allow a waiver of percentage of sales. Motion seconded by Councilman Kirkham, and carried unanimously. The ordinance, as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilman Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None 448 Item 9f ORDINANCE NO. 12-87 ORDINANCE REPEALING ORDINANCE NO. 94-86 WHICH APPROPRIATED TWO MILLION DOLLARS FROM GENERAL FUND EQUITY FOR THE RIVERWALK PROJECT, AND REPEALING RESOLUTION NO. 14-87, WHICH APPROVED APPRAISAL AND AUTHORIZED PURCHASE OF 51 PARCELS OF REAL PROPERTY FOR THE RIVERWALK PROJECT. Moved by Councilman Kirkham that Ordinance No. 1-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 9g ORDINANCE NO. 109-86 ORDINANCE GRANTING A PERMIT TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN IN THE CITY OF WICHITA FALLS, TEXAS, A PIPE SYSTEM FOR DISTRIBUTING NATURAL GAS TO INDUSTRIAL, COMMERCIAL AND DOMESTIC USERS IN THE CITY OF WICHITA FALLS, TEXAS; PROVIDING THE RIGHT TO THE SAID LONE STAR GAS COMPANY TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PROPERTY TO INSTALL, OPERATE AND MAINTAIN ITS SYSTEM OF PIPES; PROVIDING THAT THIS PERMIT DOES NOT CONFER ANY EXCLUSIVE RIGHTS; PROVIDING FOR THE AMOUNT OF MAIN TO BE EXTENDED FOR ADDITIONAL CUSTOMERS ADDED; PROVIDING FOR THE RIGHT OF THE CITY TO DETERMINE TO ACQUIRE LONE STAR GAS COMPANY' S PROPERTY AND PROVIDING FOR THE DETERMINATION OF THE PURCHASE PRICE THEREOF; PROVIDING THAT THIS PERMIT SHALL CONTINUE FOR A TERM OF TWENTY YEARS; PROVIDING FOR THE ACCEPTANCE OF THIS PERMIT BY GRANTEE. Moved by Councilman Thomas that Ordinance No. 109-86 be passed. Motion seconded by Councilman Kirkham. Councilman Goff stated that she is comfortable with Section 9. She asked Mr. Liles how the gas lines at the softball complex figure into this move? David Liles, Manager of Lone Star Gas Company, stated that they have received a letter from the City Attorney, requesting that they relocate some lines. They are taking it under advisement. lie hopes to soon meet to discuss the options and alternatives available. He believes it can be worked out to everyone' s satisfaction. Councilman Thomas noted that he believes Lone Star is very interested in projects of the city. Mr. Liles stated that he appreciated the work of the Council on this franchise ordinance, along with the City Manager and City Attorney. He feels it will be a very workable ordinance for all concerned. Councilman Thomas noted that he looked at it as a safety aspect. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item l0a RESOLUTION NO. 24-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH AN ARCHITECTURAL FIRM FOR SERVICES RELATING TO AN ADDITION TO THE HEALTH DEPARTMENT BUILDING FOR THE WIC PROGRAM Moved by Councilman Buffum that Resolution No. 24-87 be passed. Motion seconded by Councilman Goff. 449 Item 10a, (Cont'd. ) The City Manager stated that staff members, consisting of Ed Barrett, Dr. Cox, and Subir Murkejee, interviewed prospective architectural firms, and recommend Bundy, Young, Sims, and Potter. Mr. Barrett stated that they received fifteen proposals. He explained the terms of the proposal , stating that they applied the criteria, as specified in the proposal . The maximum amount of compensation shall not exceed $14,200. Moved by Councilman Thomas that the question be called. Motion seconded by Councilman Allred, and carried unanimously. The motion for passage of the resolution was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None The City Manager and Mayor both commended Dr. Cox on his work to get the money for this project. Item 10b RESOLUTION NO. 25-87 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS IN PORTIONS OF THE DUTTON ADDITION AND SKINNER ADDITION, APPROVING APPRAIS- ALS OF PARCELS #627-#657, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Moved by Councilman Allred that Resolution No. 25-87 be passed. Motion seconded by Councilman Goff. Dorcas Chasteen explained that there is an alley in one block, but it is no lonaer used for trash pick-up. There is no record of easements. The property line runs down the middle of the block. Any buildings presently located there will be grandfathered, but no others can be constructed. Mr. Bonnett stated that they will be visiting with these people regarding sewer lines. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None I Item 10c RESOLUTION NO. 26-87 RESOLUTION TO APPROVE AMENDMENT TO ENGINEERING CONTRACT WITH SOUTHWESTERN LABORATORIES FOR LAKE KICKAP00 DAM STABILIZATION STUDY. Moved by Councilman Thomas that Resolution No. 26-87 be passed. Motion seconded by Councilman Allred. Councilman Thomas confirmed that this would be a permanent installment so that we can continually monitor the dam. Councilman Buffum had several questions about the drilling, and the size of the hole being drilled. Council- man Allred asked about the drain tiles in the present dam? Mr. Bonnett stated that from what they have found, it would lead them to believe that they were not included. The motion was carried by the following vote. 450 Item 10c, (Cont'd. ) Ayes: Charles Harper, mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 10d RESOLUTION NO. 27-87 RESOLUTION WAIVING COURT FEES FOR MIDWESTERN STATE UNIVERSITY TENNIS TOURNAMENT ON SATURDAY, FEBRUARY 21, 1987. Moved from Councilman Buffum that Resolution No. 27-87 be passed. Motion seconded by Councilman Allred. Councilman Thomas asked if this request had been before the Park Board, and Mr. Murphy stated that it has not been. The City has used the courts at Midwestern State University in the past at no charge. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 10e RESOLUTION NO. 28-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CANTU SERVICES, INC. FOR PROVISION OF CATERING SERVICES AT THE ACTIVITIES CENTER. Moved by Councilman Goff that Resolution No. 28-87 be passed. Motion seconded by Councilman Allred. Councilman Buffum asked why they chose Cantu over the other? Mr. Barrett stated that they were looking at more than the information they provided. The decision to select one firm over the other was based on other bases. Assistant City Manager, Louise Houseworth, explained the proposal request, stating that Cantu was more specific in providing this information. They had no problems with some of the considerations in the proposal . They operate several large restaurants which they can call upon for large dinners, banquets , etc. Councilman Buffum was concerned about the financial services. Miss Houseworth stated that Cantu was considered much stronger than the other bidder. Their employees are local . The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 10f RESOLUTION NO. 29-87 RESOLUTION APPROVING THE LOCAL COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF WICHITA FALLS, TEXAS FOR THE LAKE WICHITA, HOLLIDAY CREEK, TEXAS LOCAL FLOOD PROTECTION PROJECT AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND SIGN THE AGREEMENT. Moved by Councilman Thomas that Resolution No. 29-87 be passed. Motion seconded by Councilman Goff. 451 Item 10f, (Cont'd. ) Mr. Berzina stated that a letter has been prepared which will take excep- tions to be used as a springboard in negotiating the contract on behalf of the City. The contract will come 'back later, as negotiated. They have reviewed this with the Corps ' office in Tulsa, and it has been reviewed in Washington. Mr. Bonnett noted the four exceptions in the letter, as follows: 1. The cost of relocations for all railroad vacilities be borne by the government. 2. Lake Wichita dam be constructed to a height of 993.0 feet above mean sea level , and that all applicable costs be reduced to reflect this change. 3. We are requesting an offset credit, for compatible channelization cost incurred or contracted before the date of this contract, against the cost of dam safety. 4. Depreciation and salvage value not be deducted from the credited utility relocation costs. Councilman Buffum asked if Mr. Bonnett is comfortable in singling out the dam safety? Mr. Bonnett stated that he is. Councilman Buffum asked if number four is a realistic approach, and not taking advantage of anything? Mr. Bonnett feels it is realistic. We want to take no chance of misinterpreta- tion eight or nine years down the road. Mr. Bonnett explained why McGrath Creek was not included in this letter. He stated that we are pursuing all possible avenues for funding for McGrath Creek. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item lla RESOLUTION NO. 30-87 RESOLUTION TO APPROVE CHANGE ORDER NO. 5 FOR CONTRACT D, CYPRESS STREET WATER TREATMENT PLANT EXPANSION PROJECT Moved by Councilman Allred that Resolution No. 30-87 be passed. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 12a Planning Director Roger McKinney stated that the applicant for an appeal to permit the placement of manufactured homes in Twin Oaks II Subdivision, Section 1 , had requested that this matter be tabled. Moved by Councilman Thomas that this matter be tabled. Motion seconded by Councilman Kirkham. Charles Harper, Mayor, noted that as a director of a financial institution, he has a conflict of interest, and cannot participate in this matter. Councilman Thomas noted that he has the same conflict of interest. Moved by Councilman Kirkham that Councilman Walker be selected as temporary chairman. 452 Item 12a, (Cont'd. ) Motion seconded by Councilman Buffum, and carried unanimously. Charles Harper, Mayor, and Mayor Pro tem Thomas, left the room. City Attorney H.P. Hodge noted that several people are here in regard to this matter. Moved by Councilman Goff to reconsider the motion to be tabled. Motion seconded by Councilman Allred, and carried unanimously. Robert Robbins, 4117 Belmede, presented another petition to show that their opinions have not changed since last time. He also presented pictures. He stated that they are against the re-zoning to manufactured housing, and requested that the Council deny the request for re-zoning. He also presented a declaration of deed restrictions. City Attorney H.P. Hodge stated that a question has been raised about the newest state statutes which regulate manufactured and industrialized housing, as to whether there is a mandate on the part of cities to recognize this statute. These statutes are extremely complex. He would feel more comfortable if he had more time to work on this to see what the state mandate is. Bob Martin, 4113 Belmede, stated that he believes they have conveyed their feelings as a neighborhood to the Planning Board, and to the Council . Those people chose not to show up, and he believes the Council should make a decision. Karl King, 4011 Seymour Highway, stated that these people bought new homes on this site, and they are asking for protection of the City Council from mobile homes being moved into the neighborhood. Edith Hall , 1219 Christine, stated that when those restrictions were placed on that area, it was for the protection from moving mobile or 'manufac- tured homes on those lots. They don't want to see civic pride in their homes destroyed in that area. The houses already there are more suited for the size of the lot. Councilman Walker noted that this is on appeal to the Council by the people making the appeal . Secondly, we may have a statute that is creating some problem for us, and we have to take that under consideration. Roger McKinney stated that the applicant raised some issues on the rights of the city to regulate this. James Hall , 1219 Christine, does not see why it would be necessary to delay action on this until a later date. Restrictions state that it cannot be changed for 40 years. He asked if they would be notified before he decides to make the appeal again? Mr. McKinney stated that they only found out about the tabling request late this afternoon. Robert Robbins stated that the houses there range from $35,000 to $40,000. The manufactured houses are $55,000 to $60,000. The lower price would be more affordable. Councilman Kirkham stated that the pricing is of no relevance. Mr. McKinney stated that they take a look at the cost of manufactured houses in relation to others in the area. Thelma Hair, 4105 Belmede, stated that she would not want to have this behind their homes. It will not add to the value of their homes, and she is opposed to it. Councilman Buffum asked Mr. McKinney to explain the difference in the recommendation of the Planning Board and the staff. Mr. McKinney noted that what the developer proposed was as good as what was already there. The Planning Board paid a great deal of attention to the homeowners, and Councilman Buffum would also do the same in this particular matter. Moved by Councilman Goff that the appeal be denied. Motion seconded by Councilman Buffum. Councilman Kirkham called for the question, which was seconded by Councilman Goff, and carried unanimously. 453 Item 12a, (Cont'd. ) The motion to deny the appeal was carried by the following vote. Ayes: Councilmen Goff, Walker, Allred, Buffum, and Kirkham Nays: None Charles Harper, Mayor, resumed the council meeting. Item 12b Mr. Manuel Hernandez, 1532 Mesquite, asked about the status of Wolcott Street, stating that nothing has been done about it. Charles Harper, Mayor, stated that this information has just been compiled by Public Works. The Council will set a work session to talk about it. Cost was mentioned. Mr. Bonnett stated that he would be happy to review the estimate with Mr. Hernandez if he will come to this office. Mr. Berzina noted that they City has not agreed to fund this street. Councilman Buffum asked about another project which will be on the work session. Councilman Kirkham also mentioned Mr. Seabury making a park on ten acres near K-Mart on the North side. Mr. Berzina stated that he has already signed a letter to Mr. Seabury, stating that we are not interested in that property. Councilman Kirkham feels that it is a mistake to not purchase this property for water retention. If the dam does not hold, it could be a problem. We may not want it for park purposes. He would like to see a study made to see if it is safe for the neighborhood. His prime concern is for safety. City Attorney H.P. Hodge felt that whoever owns it would be responsible if the dam breaks. Councilman Goff asked if the owner would have to fix it, if they find that something is wrong with the dam, or is dangerous? Mr. Berzina stated that under the conditions of Mr. Seabury' s offer, we did not feel that we needed it. Councilman Kirkham would like to look at the safety of the dam. Mr. Hodge stated that if from an engineering standpoint it was a hazard, he would have to fix it. Surely we could do something to alleviate the hazard. Councilman Kirkham also mentioned the water district ditch running through his and Councilman Walker' s districts. He stated that we are not mowing it. Mr. McKinney stated that they have talked with the water district many times, and the City pays them to maintain it. Councilman Walker mentioned the ditch at Bristol and Normandy, stating that this stagnant water will not ever get better. Mr. Berzina stated that he has some figures he wants them to look at, and talk about later. Mr. Bonnett noted that there were three alternatives presented in solving this problem. You can grade up the areas and convert them into a retention facility. You can clear and grub all vegetation around the lakes, and seeding. This is private land at this time. They know the name of the individual carried on the tax rolls. It has been delinquent for several years. He believes it was excavated for highway construction for sand many years ago. Charles Harper, Mayor, requested a total report on this next time. Mr. Bonnett stated that to eliminate stagnation, there would have to be a conduit all the way to Holliday Creek. Councilman Walker believes part of this has been caused by the construction of the Kings Square Apartments. Mr. Bonnett stated that you cannot simply fill these ponds. That is not a feasible alternative. Councilman Walker stated that he has been looking at this for fourteen years. Costs keep rising. Mr. Bonnett thinks that the hole was there when the houses were built. He stated that the second or third option would be his preference. Charles Harper, Mayor, suggested that we set a time to go out and look at it again. 454 Councilman Walker stated that eight trucks are moving dirt again down Harding Street. Mr. Bonnett noted that they will visit with the contractor, and encourage him to provide for clean-up. Items 12c,d The City Council recessed into executive session at 8:26 P.M. , according to Article 6252-17, Section 2, Paragraph (e) , of the Revised Civil Statues. The meeting reconvened at 11:28 P.M. RESOLUTION NO. 31-87 RESOLUTION DIRECTING CITY'S ATTORNEYS CONCERNING APPEAL OF TAX CASE WITH MORGAN LEASING CORPORATION Moved by Councilman Goff that Resolution No. 31-87 be passed, not to appeal the Morgan Leasing Corporation case. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None The City Council adjourned at 11:30 P.M. PASSED AND APPROVED this lv day of -'- 1�,�f ,> 1987. 1 Charles Harper, Mayo r ATTEST: �a f Wilma J. Thom s, CMC, City Clerk