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Min 06/20/2000 109 Wichita Falls, Texas Memorial Auditorium Building June 20, 2000 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: Jerry Lueck - Mayor Dan Shine - Pro Tern Arthur Bea Williams - Councilors James Esther, Jr. - Bill Altman - Johnny Burns - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Ramona Coln - Deputy City Clerk Mayor Lueck called the meeting to order. Rod Payne, Associate Pastor, First Baptist Church, gave the invocation. Item 3 Mayor recognized the members of the 4B Sales Tax Corporation Board and the Wichita Appraisal District Board for the outstanding voluntary work they provide to our community. Mayor and Council recognized the following school valedictorians and salutatorians for their achievements. City pins and token gifts were presented to each individual. Wichita Falls High School —Girish Murthy, Valedictorian Chris Ramser, Salutatorian Hirschi High School - Brad McKethan, Valedictorian Kendra Toney, Salutatorian Rider High School - Katherin Hayes, Valedictorian - Nathan Biller, Salutatorian Rich Mooney was recognized for his induction into the World Marshall Arts Hall of Fame. Mayor proclaimed June 14'h as "Flag Day" in Wichita Falls. Mayor proclaimed the week of June 191h - June 24'h as Joe Bob Tyler and Maskat Shrine Oil Bowl Week in Wichita Falls. Item 4 No one signed up to speak under Public Comments. Item 5 The Minutes were approved as corrected. 110 Items 6a —7b City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Williams that the consent agenda be approved. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 82-2000 RESOLUTION DECLARING CERTAIN PROPERTIES AS EXCESS REAL PROPERTY AND DIRECTING THE PROPERTIES TO BE SOLD BY SEALED BIDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7b Minutes of the following Board & Commission meetings were received. a. Commission on Human Needs — May 15, 2000 b. Library Advisory Board — May 23, 2000 Item 8a A public hearing was held on hazardous structures. Mayor declared the public hearing open. Dwight McFaddin, 804 Dallas Street, stated that the property located at 713 Dallas Street belongs to his father, who is deceased. He would like to keep the home in the family and requested an extension. Council granted Mr. McFaddin a 90-day extension to comply with City Code by submitting a plan within 30 days and within 60 days showing proof of substantial completion. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 65-2000 AN ORDINANCE CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 65 -2000 be passed. Motion seconded by Councilor Williams. Rick Meers, 2338 McKinney Rd., spoke on property located at 2338 McKinney Rd. He is the spokesman/agent for the Scorpions Motorcycle Club. He informed that there have been 111 Item 9a continued some efforts to clean up the property. He presented Council with pictures of the clean up. He stated that he will pay the back taxes and requested an extension to bring the property up to Code. Council granted Mr. Meers a 90-day extension to comply with City Code by submitting a plan within 30 days and within 60 days showing proof of substantial completion. Rena Martinez, 2315 81h Street, referred to the property located at 1514 (aka 1518) 301h Street and informed she had a building permit and had almost completed repairs. Mr. Lonnie Blevins, Code Enforcement Officer, concurred that the majority of the repairs had been completed and recommended this property be removed from the demolition list. Councilor Altman suggested that in the future the Council be apprised of properties that have been brought up to Code before Council meetings. If Mrs. Martinez had not been present today Council could have passed an ordinance calling for the demolition of her property. Mrs. Martinez referred to the property located at 522 Olen Road and informed that she had given the property to Mr. Fred Cantwell with the understanding that he would make improvements to the property. Improvements were not made and Mr. Cantwell has agreed to deed the property back to Mrs. Martinez. She agreed to pay the back taxes and make the necessary repairs to comply with Code. Councilor Esther suggested that Staff detail in writing the repairs needed to bring properties up to Code. This would stop any misunderstanding between parties on improvements that are needed. Council granted a 90-day extension to Mrs. Martinez on 522 Olen Rd. with the understanding that within 30 days she submits a plan and within 60 days shows proof of substantial completion. Moved by Councilor Altman to amend the proposed ordinance by removing 1514 (aka 1518) 30th Street from the list of structures to be demolished and granting 90-day extensions on the following properties: 713 Dallas Street, 2338 McKinney Rd., and 522 OlenRd. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9b ORDINANCE NO. 66 -2000 AN ORDINANCE CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 66-2000 be passed. Motion seconded by Councilor Williams. 112 Item 9b continued Councilor Hawkins questioned why this property was not included in the previous Ordinance. Mr. Jon Kruger, Code Enforcement Supervisor, informed that a commercial structure existed on this property and would be more costly to demolish, therefore, was placed under a separate Ordinance. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9c ORDINANCE NO. 67-2000 ORDINANCE AUTHORIZING THE TRANSFER OF AVAILABLE CASH BALANCES IN VARIOUS CITY FUNDS TO A COLISEUM CAPITAL CONSTRUCTION FUND; AND THE USE OF TAX INCREMENT FINANCING FUNDS, HOTEL/MOTEL TAX FUNDS, AND PAYMENTS RECEIVED FROM THE WEST TEXAS UTILITIES COMPANY FOR ANNUAL DEBT SERVICE OBLIGATIONS FOR THE COLISEUM CONSTRUCTION PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 67-2000 be passed. Motion seconded by Councilor Burns. City Manager presented a Coliseum Funding Plan, which included monies from cash balances, potential financing and private donations. He reviewed the plan affirming the dollar amount from each source for the total funding available of$19,877,273 for this project. Moved by Councilor Altman to amend Section 1 of the proposed ordinance to reflect the Coliseum Funding Plan dated April 30, 2000, as Exhibit A. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None A lengthy discussion ensued as to the funding that is currently on hand. City Manager confirmed the total cash available as $7,877,273 and that the $5,000,000 of private donations would be reached according to Mrs. Kay Yeager. Max Yancey, #3 Karen Court, expressed his concern on using the cash funding on a City frill instead of the current water situation or other City concerns. City Manager informed that of the $19,877,273 only $8,000,000 could be used for water or other City problems. The issue of raising property taxes was discussed. City Manager noted that a project such as this fuels three City tax bases that continue to grow, thus reducing the chance for the need to raise taxes. Jim Dockery, Finance Director, presented a ten year history on the increase of the Hotel/Motel Tax Revenue which reflected a 33% increase over the last 6 years. Motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 113 City Council recessed at 10:35 a.m. and reconvened at 10:45 a.m. Item 9d A proposed ordinance was presented calling a special election for improvements to the Multi-Purpose Event Center for the Coliseum project and for the issuance of bonds. Moved by Councilor Altman that proposed ordinance be passed. Motion seconded by Councilor Shine. Max Yancey, #3 Karen Court, requested that Council pass this ordinance in order to let the citizens of Wichita Falls have a say in the building of the coliseum. He thinks the citizens would like to have the coliseum but they would like to be able to voice their opinions at the polls. He thinks the coliseum will be defeated if the citizens have to draw up a petition John Kortbawi, 4412 York Street, spoke in favor of this ordinance. He believes the citizens would not support a coliseum financially and felt the citizens have a right to vote on this because the situation has changed in that more dollars are involved. George Casper, Director of MPEC facilities, commented that the type of activities that the coliseum would host would be conventions, concerts, and various sporting activities, among other events. Currently the City is limited in what type of events we can sponsor due to the size of the facilities and with a coliseum the City can expand events resulting in increased revenue. Bobby Hall, 5234 Deer Creek Road, spoke against the proposed ordinance. He did not see the need to have another election since the citizens had already approved the construction of this project in the 1992 election. Councilor Williams explained that the MPEC project in 1992 consisted of three buildings being constructed with a certain amount of funds. The funds were used before the coliseum could be constructed. Michael Lam, #10 Hyde Park Court, spoke against the proposed ordinance. He felt that at the time this project was voted on the citizens wanted this project to become a reality. The promise was made to the public that no money from the general fund or any use of tax money would fund or operate the facility and that is still the case. The citizens of this community have spoken loudly and clearly to proceed with this project and finalize it. JW Martin, 1626 Christine Road, spoke against this ordinance and urged the Council to have the courage to move forward. The citizens voted for the complex not the amount of money and the project was approved by a 2-1 vote in 1992. Charles Barr, 2100 Indian Heights, spoke against the ordinance. Councilor Hawkins stated that he wants to see the coliseum built, but is afraid that if the citizens are not allowed to vote on this project in August, they will demand to vote in January and will not be as friendly to MPEC at that time. Councilor Williams said she voted on MPEC as a complex but was concerned with the time frame of the bids for building the coliseum. However, since the bid totals have been locked in until January 2001 she does not want an election. Councilor Esther stated that the MPEC would not be a burden to the taxpayers. We have the funds to build the rest of the complex so let's move forward. Councilor Shine said he is ready to move forward with this project. If it is put to a vote, he feels like the silent majority of the City will remain silent and the project will not be able to continue. Councilor Burns has seen a lot of support for the coliseum and feels like we should live up to the promise that was made to the citizens years ago without another vote. Councilor Altman commented that the 1992 vote was on the money but the concept consisted of three buildings. He did not see the need of spending $15,000 on another election. 114 Item 9d continued Mayor Lueck did not feel everything should be taken to the citizens for a vote but when a project of this amount is being considered the citizens have a right to vote on it. Moved by Councilor Altman that proposed Ordinance be amended by inserting the amount of$7,000,000 for the issuance of general obligation bonds. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Motion as amended failed by the following vote. Ayes: Mayor Lueck and Councilor Hawkins Nays: Councilors Williams, Shine, Esther, Altman, and Burns Item 9e A proposed ordinance was presented accepting the proposals for the construction of the MPEC Coliseum Project. Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Williams. Max Yancey, #3 Karen Court, did not see how the construction companies could guarantee their bids for building the coliseum. Since the first project was underestimated he was concerned that the same thing would happen to this project. Hal Williams, Construction Manager for the City, informed that he has a verbal commitment from each contractor, other than minor materials, to guarantee their price until January 2001. Moved by Councilor Hawkins to amend the proposed ordinance by inserting the dollar amount of $7,000,000 for the issuance of general obligation bonds. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Motion as amended failed by the following vote. Ayes: Mayor Lueck and Councilor Hawkins Nays: Councilors Williams, Shine, Esther, Altman, and Burns Item 9f ORDINANCE NO. 68-2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE PROPOSALS FOR THE CONSTRUCTION OF THE MPEC COLISEUM PROJECT; AS RECOMMENDED BY THE MPEC BOARD, IN THE AMOUNT OF $19,683,198; AUTHORIZING THE CITY MANAGER TO SIGN ALL APPROPRIATE CONTRACTS FOR THE CONSTRUCTION OF THE MPEC COLISEUM, CONDITIONED UPON RECEIPT OF $7,000,000 OF CERTIFICATES OF OBLIGATION REVENUE TO PARTIALLY FUND SAID PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 115 Item 9f continued Moved by Councilor Altman that Ordinance No. 68-2000 be passed. Motion seconded by Councilor Shine. Moved by Councilor Hawkins to amend the proposed ordinance by inserting the dollar amount of$7,000,000 for the issuance of general obligation bonds. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Harold White, 3031 Whitehall Lane, recommended Council pass this bill enabling the City Manager to sign the necessary contracts for completion of the coliseum as proposed by the vote in 1992. Motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10a RESOLUTION NO. 83-2000 RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 83-2000 be passed. Motion seconded by Councilor Hawkins. Moved by Councilor Altman to amend the resolution by inserting the dollar amount of $7,000,000 for the issuance of general obligation bonds. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins. Nays: None Motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10b RESOLUTION NO. 84 -2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AGREEING IN CONCEPT TO CERTAIN AMENDMENTS TO THE SEPTEMBER 15, 1992, JOINT CITY/COUNTY MULTI-PURPOSE EVENTS CENTER AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 116 Item 10b continued Moved by Councilor Burns that Resolution No. 84-2000 be passed. Motion seconded by Councilor Altman. County Judge Woody Gossom proposed several changes to the contract. City Attorney informed that this was a conceptual agreement and negotiations of the contract would be handled at another time and returned to Council for action. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10c RESOLUTION NO. 85-2000 RESOLUTION APPROVING AND ADOPTING THE REVISED SECTION 8 RENTAL ASSISTANCE PROGRAM ADMINISTRATIVE PLAN AND FAMILY SELF-SUFFICIENCY ACTION PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Resolution No. 85-2000 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10d RESOLUTION NO. 86-2000 RESOLUTION AUTHORIZING THE SALE OF 25-FOOT ACCESS EASEMENTS TO FRANCIS W. RAINES ET UX AND ALLEN SWATSWORTH ET UX ALLOWING ACCESS TO 0.53 ACRE AND 0.45 ACRE TRACTS, RESPECTIVELY, OF LAND SURROUNDED BY CITY PROPERTY AT LAKE ARROWHEAD AS SHOWN ON THE ATTACHED PLAT AND DESCRIBED IN THE ATTACHED FIELD NOTES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 86-2000 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 11 a Councilor Altman expressed appreciation to the media for doing a good job and having a good attitude when interviewing him. 117 Item 11 b City Manager informed that a western swing event would take place at MPEC beginning at noon Wednesday and continuing through Saturday night. The City Council adjourned at 12:15 p.m. PASSED AND APPROVED this day of 2000. ERRY LUECK MAYOR ATTEST: IA I CI Lydia Torres City Clerk 1 1 1 NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, June 20, 2000, Beginning At 8.30 a.m. City Council: Mayor Gerald Lueck - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Harold Hawkins 1 . Call to Order. 2. Invocation: 3. Presentations: 4. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) 5. Approval of Minutes CONSENT AGENDA 6. Resolutions: a. Resolution Declaring Certain Properties As Excess Real Property And Directing The Properties To Be Sold By Sealed Bids. (City Council Bill #158) 7. Receive Minutes: a. Commission on Human Needs — May 15, 2000 b. Library Advisory Board — May 23, 2000 City Council Agenda Tuesday, June 20, 2000 Page 2 REGULAR AGENDA 8. Public Hearings: a. Public Hearings On Hazardous Structures 9. Ordinances: a. Ordinance Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same. (City Council Bill #159) b. Ordinance Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same. (City Council Bill #160) c. Ordinance Authorizing The Transfer Of Available Cash Balances In Various City Funds To A Coliseum Capital Construction Fund; And The Use Of Tax Increment Financing Funds, Hotel/Motel Tax Funds, And Payments Received From The West Texas Utilities Company For Annual Debt Service Obligations For The Coliseum Construction Project. (City Council Bill #161 ) d. Ordinance Calling A Special Election For The Issuance Of Bonds For Improvements To The Multi-Purpose Event Center For The Coliseum Project; Establishing Procedures For Holding The Election; Designating The Precincts And Polling Places And Appointing Certain Officers To Conduct The Election; Providing For Severability; Providing An Emergency, And Providing An Effective Date. (City Council Bill #162) e. Ordinance Accepting The Proposals For The Construction Of The MPEC Coliseum Project, As Recommended By The MPEC Board, In The Amount Of $19,683,198; Authorizing The City Manager To Sign All Appropriate Contracts For The Construction Of The MPEC Coliseum, Conditioned Upon Voter Approval Of The Project At A Special Election To Be Held August 12, 2000, And The Issuance And Receipt Of General Obligation Revenue To Partially Fund Said Project. (City Council Bill #163) 9. Ordinances cont'd): City Council Agenda Tuesday, June 20, 2000 Page 3 f. Ordinance Accepting The Proposals For The Construction Of The MPEC Coliseum Project, As Recommended By The MPEC Board, In The Amount Of $19,683,198; Authorizing The City Manager To Sign All Appropriate Contracts For The Construction Of The MPEC Coliseum, Conditioned Upon Receipt Of Certificates Of Obligation Revenue To Partially Fund Said Project. (City Council Bill #164) 10. Resolutions: a. Resolution Directing Publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation. (City Council Bill #165) b. Resolution Agreeing In Concept To Certain Amendments To The September 15, 1992, Joint City/County Multi-Purpose Events Center Agreement. (City Council Bill #166) c. Resolution Approving And Adopting The Revised Section 8 Rental Assistance Program Administrative Plan And The Family Self-Sufficiency Action Plan. (City Council Bill #167) d. Resolution Authorizing The Sale Of 25-Foot Access Easements To Francis W. Raines et ux And Allen Swatsworth et ux Allowing Access To 0.53 Acre And 0.45 Acre Tracts, Respectively, Of Land Surrounded By City Property At Lake Arrowhead. (City Council Bill #168) 11. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 12. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION City Council Agenda Tuesday, June 20, 2000 Page 4 1 certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 20 at o'clock (a.m.)(p.m.). City Clerk