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Min 01/15/1980 397 Wichita Falls, Texas Memorial Auditorium Building January 15, 1980 Items 1 & 2 The Board of Aldermen 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. Kenneth Hill Mayor Marvin Traywick Q John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Ed Stock, First Presbyterian Church. Item 3 Moved by Alderman Smith that minutes of the meeting held January 8, 1980, be approved. Motion seconded by Alderman Hampton, and carried unanimously. Items 4a - 7c Moved by Alderman Adcock that Items 4a through 7c on the consent agenda be approved. Motion seconded by Alderman Russell . ✓Item 4a ✓ORDINANCE NO. 3594 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None V Item 4b 'ORDINANCE NO. 3595 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF NORTON AVENUE EAST OF THE SOUTHERLY RIGHT-OF-WAY OF F.M. 171 AND WEST OF THE WEST RIGHT-OF-WAY OF THORNBERRY ROAD. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None \J Item 5a The low bid for an estimated annual supply of automotive storage batteries was awarded to Batteries Unlimited, Inc. , Wichita Falls , in the amount of $15,964.96. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None 398 V Item 5b Bids were considered on an annual supply of tires and tubes. The lowest and best bid without exceptions was awarded to Gulley Tire Company in the amount of $170,766.86. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None ,,, Item 6 Authority was granted to advertise for bids for the following. a. Tree planting for Parks Department b. Installation of irrigation systems for Parks Department _ c. Winch truck for Parks Department d. Construction of an addition to the Maintenance Shop at Weeks Park Golf Course e. Operation of concessions in various parks f. Annual supply of fertilizer for Parks Department Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None v Item 7 Minutes of the meetings of the following boards and commissions were received. a. Planning Board - December 12, 1979 b. Zoning Commission - December 21 , 1979 c. Traffic Safety Council - January 2, 1980 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 8a Lupe Esquibel , an employee of the Police Department, was honored as Employee of the Month for January. Mayor Hill presented her with a plaque, and two tickets each to a theatre and dinner. Item 9a Discussion was held on a proposed ordinance establishing side and rear yard requirements for multi-family residential lots. Alderman Thomas felt that a 30-foot setback on a two story apartment complex is not enough. In Amarillo, there are three alternatives a developer may follow. (1 ) Parking can be placed on the outside; (2) The closest apartments to the single family residences would be one story; or (3) The setback would be 75 feet. Director of Planning Roger McKinney explained the present ordinance, and the proposed ordinance. The proposed ordinance provides for a 30-foot setback line with an additional 15-foot setback for every story over two. Alderman Hampton questioned what would happen if the apartment complex were there first, and the single family residences were later built? If we had a requirement that all multi-family residences were set back 30 feet on each side, it would solve both problems. Alderman Adcock felt that the Zoning Commission would address this, and that it would be well to not take any action until after we have a recommendation from them. Moved by Alderman Thomas that we pass over this item at this time. 399 Item 9a, cont d. Motion seconded by Alderman Adcock, and carried unanimously. v Item 9b A proposed ordinance was presented governing placement of mobile homes in locations other than mobile home parks and mobile home subdivisions. City Manager Gerald Fox noted that prior to April last year the City did not prohibit placement of mobile homes anywhere in the city, although requests for placement were very minimal . Since that time, the City passed an ordinance which would prohibit placement of mobile homes anywhere except mobile home parks and mobile home subdivisions. He explained the alternative presented today for their consideration. A lengthy discussion followed on the effect this ordinance would have on the case now being appealed, as well as one which has not yet come to court on deed restrictions. City Attorney H. P. Hodge stated that the deed restriction case would not be affected, but that the case on appeal would probably be moot, except for the parties directly involved in it. Some of the Council members felt that mobile homes would detract from the City. Alderman Adcock maintained that this Board of Aldermen is concerned with the people of this City, and there should be some way to approach this. There are some places in the City where mobile homes would be acceptable and welcome. He indicated support for a method which would allow people to place mobile homes in areas of the City where they would be acceptable. Alderman Smith wondered if letters could be sent out instead of the person desiring the mobile home getting signatures of consent from the property owners within 300 feet of the lot in question. The Council felt that the burden should be placed on the person desiring the mobile home, instead of the City or the other property owners in the area. R. E. Whitis, Sr. spoke to the 80 percent requirement in the proposed ordinance, stating that he feels it is a bit unfair. In a specific case that he is involved in, it would be impossible to get 80 percent because of deaths since the tornado. He felt that the election on zoning would settle the issue with a majority rule. Nancy Moore appeared as Attorney for Ruby Dunham, stating that she has some difficulty with the 80 percent requirement because some people have left town. Her client is 77 years old , and lost everything in the tornado. She lives on social security, and cannot afford to purchase a home or pay rent. She urged some action so that these people will not be left in limbo for too long. Ken Hanes proposed an ordinance which would provide that the applicant publish in the paper his intent to locate a mobile home on a particular lot, or to charge a permit fee of $30.00 on a mobile home, and send a registered letter to property owners in the area. Again, the Council expressed that the burden of obtaining permission should be on the person desiring the mobile home. ORDINANCE NO. 3596 AN ORDINANCE AMENDING SECTION 30-2 OF THE CODE OF ORDINANCES ON THE LOCATION OF MOBILE HOMES OUTSIDE OF MOBILE HOME PARKS AND SUBDIVISIONS. Moved by Alderman Smith that Ordinance No. 3596 be passed, changing property owners ' consent from 80 to 75 percent; maintaining the 300 feet requirement; and leaving the burden of obtaining the consent on the person wishing to place the mobile home at a given location. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None 400 Item l0a A proposed resolution was presented authorizing condemnation of a tract for extension of Professional Drive. The Council questioned the authority of the City to assist private enterprise in the purchase of property from another private entity. City Attorney H. P. Hodge, Jr. stated that the only case with which he is familiar, in regard to the City intervening in condemnation, dealt with a sewer line across Taft Street. Mayor Hill stated that he felt that we are setting a precedent here to help one private enterprise take property from another private enterprise. The City Attorney explained that we are not justified in helping one private person over another except to the good of the public involved. Alderman Thomas stated that he supports the Mayor on this issue. The Acting Director of Traffic and Transportation has indicated that this right-of-way is needed in order to provide the traffic flow pattern continuing north to State Highway 79, and on to Southwest Parkway. RESOLUTION NO. 2452 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, AND AUTHORIZING PURCHASE OR CONDEMNATION OF LAND FOR EXTENSION OF PROFESSIONAL DRIVE SOUTHEAST OF STATE HIGHWAY 79. WHEREAS, Highland Investment Company, a partnership composed of Ralph Hines, Jr. and Joe A. Best, Jr. , are developing a tract of land out of Block 3, Kemp & Newby Subdivision of Cherokee County School Land Survey, Wichita County, Texas ; and, WHEREAS, in approving the preliminary plat of such property, the Planning Board required that right-of-way for extension of Professional Drive through the J. A. Burnett property be dedicated before final platting; and, WHEREAS, the preliminary plat of this development, to be known as Highland Acres, provides for approximately 219 single family residences plus approximately 150 units of multi-family housing, and the Acting Director of Traffic and Trans- portation for the City has found that the extension of Professional Drive is most important to the development of this subdivision, as it would serve as the major collector street for such subdivision; in order to accomplish the connection at State Highway 79 with existing Professional Drive, a portion of the J. A. Burnett property must be dedicated for street right-of-way; the intersection should be a right angle crossing so that proper traffic control can be accomplished, including future signalization, if needed; and, WHEREAS, Highland Investment Company has informed the City that they are unable to purchase such needed right-of-way from the Burnett heirs, and since the proposed extension of Professional Drive is vital for efficient traffic flow and safety, Highland Investment Company has requested that the City of Wichita Falls exercise its power of eminent domain for the purpose of making such part of the Burnett tract available for the extension of Professional Drive; and, WHEREAS, Highland Investment Company has agreed to idemnify the City of Wichita Falls for its expenses incurred in connection with such proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . It is necessary to acquire the fee simple title to that certain tract containing 0.251 acres out of Cherokee County School Land in Wichita County, Texas, more fully described on Exhibit A, which is attached hereto and incorporated herein, for public street purposes. SECTION 2. The City Manager is hereby authorized to purchase such tract of land in the name of the City of Wichita Falls; in the event he is unable to purchase such tract, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain the fee simple title to such tract of land in the name of City of Wichita Falls. SECTION 3. Such tract of land shall be appraised by a qualified land appraiser, and the price authorized to be paid for such tract is the value as determined by 401 Item 10a, cont'd. such appraiser; it is expressly understood that the purchase price of the land shall be paid by Highland Investment Company. In the event it is necessary to condemn such land , the cost of the land and all expenses occurred in connection with the proceedings shall be paid by Highland Investment Company. Moved by Alderman Smith that Resolution No. 2452 be passed. Motion seconded by Alderman Adcock. Charles Hilbers appeared as the representative of Highland Investment Company. He stated that they have been dealing with the Principals who own the property for quite some time. At one time he thought they had been successful in negotiating with the Principals, but the contract of sale was never executed. They have offered some trade-offs to these Principals , such as tearing down a building or buying the entire tract and selling some of the property back to them at a later date. There is a lease on the back of the property, which they have agreed to honor. The owners do not live in Wichita Falls, but all of their negotiations went through the Principals attorney. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item lla Bids were considered on a street sweeper. Ernest Lillard, Director of Public Works, recommended award of the high bid due to maintenance and operating costs on the Mobil Sweepers which we now have. The high bid of Environmental Sales and Service, Hurst, Texas, in the amount of $53,500, is for an Elgin Road Runner. Funds in the amount of $50,000 were budgeted for this sweeper. Alderman Traywick inquired where the additional $3,000 will come from? Mr. Dillard stated that it would have to come from the Street Department budget. He stated that the machine has been on the road for five years before they put it on the market. City Attorney H. P. Hodge, Jr. stated that what we have to guard against is even though we like one piece of equipment better, that is no reason for ignoring a lower bid. If you write specifications, you would not accept one piece of equipment just because you like it better. You have to accept the lowest responsible bid. This is not the purchase price alone. Operating and maintenance expenses should also be considered. They want to make sure that reasonableness and good judgment are exercised. Moved by Alderman Smith that the bid of Environmental Sales and Service in the amount of $53,500 for the Elgin Road Runner, be accepted. Motion seconded by Alderman Russell , and carried unanimously. ' Item llb Discussion was held on award of bids for siren encoder system. Mark Wilson, Risk Management Administrator, explained that because of lack of matching funds due to a federal reorganization, they thought about purchasing one- half of the system this year and one-half next year. We had already appropriated $12,000 for our part of the cost. There was an error in the bid submitted by Bill Story, Fire and Safety Company of Oklahoma City, and it was withdrawn. Cost of the entire system of 29 sirens is $20,036.50. He recommended complete conversion of the entire system. An alternate would be to convert 17 sirens this year, and the remaining 12 sirens next year. The one acceptable bid was submitted by Fire Appliance Company of Texas in the amount of $506.00 for the encoder, and $18,241 .00 for the 29 receivers. Moved by Alderman Thomas that the bid be awarded to Fire Appliance Company of Texas, as recommended. 402 Item llb, cont'd. Motion seconded by Alderman Russell , and carried unanimously. A proposed ordinance was presented appropriating $8,037.00 for the remainder of the encoder system. F` ORDINANCE NO. 3597 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3597 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None ,- Item 12a City Clerk Wilma Thomas reported on the certified copy of the resolution presented by the Committee of Petitioners on Holliday Creek flooding. She noted that an election should be held on April 5, 1980 for this purpose. No further action is needed by the Council until such time as they call the election. Item 12b The Board of Aldermen went into executive session at 11 :05 A.M. to discuss board appointments. When they returned, the following action was taken. Moved by Alderman Thomas that James R. Killibrew be appointed to the Design Review Commission (replacing Charles Harper) , and that Mrs. Pat Jones and Mrs. Lana McDonald be reappointed, with all three terms to expire December 31 , 1981 . Motion seconded by Alderman Hampton, and carried unanimously. Moved by Alderman Thomas that Glenn A. Beavers and Lee Grace be appointed to the Aviation Advisory Board for three-year terms to expire December 31 , 1982. Motion seconded by Alderman Russell , and carried unanimously. Moved by Alderman Thomas that Mrs. Reba Lazenby and Mr. Ed Baggett be reappointed to the Traffic Commission for three-year terms to expire December 31 , 1982. Motion seconded by Alderman Adcock, and carried unanimously. No action was taken on Museum and Art Center appointments. The Board of Aldermen adjourned at 11 :30 A.M. PASSED AND APPROVED this '�06 day of Ltit. �2, 1980. MAYOR ATTEST: CITY CLERK