Min 01/16/2001 246
Wichita Falls, Texas
Memorial Auditorium Building
January 16, 2001
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
Lydia Torres - City Clerk
Mayor Lueck called the meeting to order.
Pastor Willie Johnson, Wesley United Methodist Church, gave the invocation.
Item 3
There were no presentations.
Item 4
Bradley Vestal, 5109 Lakefront, requested that the Zoning Ordinance be amended to
prohibit signs that are not political or business in nature in residential areas. Mr. Vestal said he
was referring to message type signs, which are eyesores.
Les Seipel, 1012 N. Beverly, spoke in favor of the MPEC Coliseum. Mayor called time
on Mr. Seipel. Councilor Altman moved that the five-minute time limit be waived. Motion
seconded by Councilor Hawkins. Councilors Williams and Burns spoke up in favor of the time
extension. Mr. Seipel was allowed to continue and at the conclusion he asked the Mayor what
his secret plan was for construction of the coliseum.
David Brock, 1819 Hines, gave his opinion on the coliseum and the nature of priorities.
Mary Elizabeth Pearce, 3549 Parkhills Road, owner of Whispers Of Horse Hill Farm,
provided information on this program, which is for the physically and mentally challenged youth
of Wichita County. Mrs. Pearce thanked the media and the City Staff for their assistance in
providing the necessary information to comply with zoning regulations. She invited everyone to
attend their open house February 3. Mr. Clark was directed to provide federal funding
information to Mrs. Pearce.
Item 5
The minutes were approved as distributed.
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Items 6a-6b
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Burns that the consent agenda be approved.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 6a-6b
Minutes of the following commission meetings were received.
a. Traffic Safety Commission — November 1, 2000
b. Planning & Zoning Commission — December 20, 2000
Item 7a
A public hearing was held to approve an amendment to the proposed use of
Community Development Block Grant (CDBG) funds in a previously approved consolidated
plan.
Mayor declared the public hearing open.
Mr. Clark informed that there is a request for $2500 in funds to assist in a United Way
Community needs assessment. This is an eligible cost subject to the 20% cap on planning and
administrative cost, but that funding is available. In order to amend the budget and the use of
block grant funds a public hearing is required.
Theresa Pontius, member of the United Way Strategic Planning Committee and the
oversight committee for this community needs assessment, stated that United Way needed to
have a strategic vision and a needs assessment was done. We found out that there was a lot
of planning in a lot of areas and by bringing a large group of people together we could
effectively do a community needs assessment that would help everyone in the community. We
ask that you consider contributing to this cause. We have raised the funds and have a budget
of$67,000 as well as foundations. We can impact a lot of the future plans for this community
and this County.
Councilor Altman clarified that in order to assist in this program, we are reallocating
$2500 of previously allocated federal block grant funds and we are taking out of the
administrative portion the 20% that can be used for the administrative portion. In effect, we are
shaving some of the administrative expenses so that we can participate in this worthwhile
community effort.
Councilor Williams commented that the results of the recent census will be available to
us not only in terms of raw numbers but in terms of some other situations that we need to
address in our community, for instance, what our human services needs are going to be in the
future. It would be cost effective and beneficial for the City to participate in this.
Mayor called for additional public comments. There being none, Mayor declared the
public hearing closed.
Item 7b
A public hearing was held on amending Ordinance No. 82-98 granting a Taxicab
franchise to Prezo, Inc. d/b/a Presidential to increase the number of Taxicabs permitted.
Mayor declared the public hearing open.
Mr. Robert Powers informed that the City received a request from Jody Wade,
Presidential Taxi, to increase his number of taxi cabs by seven. The Taxi Oversite Committee
met with Mr. Wade and reviewed the data he provided. Council was given the Committee's
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Item 7b continued
analysis. Based upon that analysis the Committee recommends that four additional cabs be
approved.
Councilor Hawkins wondered how long it would be before Council would be receiving
another request for additional cabs. What is our growth rate on the cabs?
Mr. Powers replied that the Committee felt the formula used for this request could be
used in the future for both cab companies based on call load and lateness of pick up times. Mr.
Powers explained the formula resulting in the number of cabs recommended by Staff.
Jody Wade, #4 Wimberly Terrace, agreed with Staffs formula to determine the number
of cabs. However, he asked that Council authorize him seven additional cabs in order to be
100% on the street to take care of their call volume during the busiest weekends. I always
have four or five cars out of service so I can never be at 100% capacity to take care of our call
volume. The staff based my need upon 100% of my cars being on the street and that is never
going to happen. I would like to have seven cabs authorized and use the additional three as
backups. I cannot be at 100% capacity without backups.
Councilor Altman asked if the sample day information provided to Staff included days
when cabs were out of service. Mr. Wade replied in the affirmative. Councilor Altman stated
that the delay times calculated take into account that he had cabs out of service.
Mr. Wade felt that the formula used was the number of cabs available within the city
limits and it did not account for cabs out of town or those that were tied up waiting for
customers.
Councilor Altman stated that in the sample data submitted there were a few calls where
the wait was over 15 minutes and during that period of time you had cars out of service. So if
you granted 4 more cabs that takes care of that 15 minutes and assumes what you are now
talking about that some cabs are already out of service. So you are saying that by adding four
more cabs you are going to need three more out of service cabs at all times, other than what
are already out of service on any given day?
Mr. Wade responded that out of 29 cars there is going to be a percentage that will be
out of service for maintenance, body shop. I just cannot be at 100% capacity with 29 cabs.
Councilor Altman thought that the data used by the Staff reflects that during those days looked
at he had cars out of service. I think the four additional cabs would take care of waiting
requirements for citizens to acceptable terms.
Mr. Wade commented that he is trying to provide a less than 15 minute wait time, a
better response time.
Councilor Shine felt that the Committee had provided the recommendation according to
the data provided by Mr. Wade and their recommendation should be followed.
Mr. Wade stated that he was unable to provide the committee 100% information
because of computer glitches in his reports. I am happy with the committee's decision. We can
provide further documentation in three months and the Committee can review the information to
see if three additional cabs are needed.
Councilor Hawkins asked that the Committee consider how many requests have been
made in the past, the growth rate of the City and the anticipated City growth rate so that this
issue does not have to come back two or three times a year.
Mayor called for additional comments. There being none, the Mayor declared the public
hearing closed.
249
Item 8a
ORDINANCE NO. 8-2001
ORDINANCE AMENDING ORDINANCE NO. 82-98, GRANTING A TAXICAB
FRANCHISE TO PREZO, INC., d/b/a, PRESIDENTIAL, TO INCREASE THE
NUMBER OF TAXICABS PERMITTED; 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. 8-2001 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 9a
RESOLUTION NO.1-2001
RESOLUTION APPROVING THE AMENDMENT TO THE PROPOSED USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN A
PREVIOUSLY APPROVED CONSOLIDATED 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 Williams that Resolution No. 1-2001 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 9b
RESOLUTION NO. 2-2001
RESOLUTION APPROVING A FOURTH GENERATION NON-ANNEXATION
AGREEMENT WITH DELPHI AUTOMOTIVE SYSTEMS, L.L.C.,
GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF
FIVE YEARS BEGINNING JANUARY 1, 2001; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Esther that Resolution No. 2-2001 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 9c
RESOLUTION NO. 3-2001
RESOLUTION DESIGNATING AN APPROXIMATE 23 ACRE TRACT OF LAND
OUT OF BLOCK 26, KEMP & NEWBY SUBDIVISION, CHEROKEE COUNTY
SCHOOL LAND, A-33, WICHITA COUNTY, TEXAS AS AN INDUSTRIAL
DISTRICT AND APPROVING A FOURTH GENERATION NON-ANNEXATION
AGREEMENT WITH STANLEY MECHANICS TOOLS, GUARANTEEING ITS
IMMUNITY FROM ANNEXATION FOR A PERIOD OF FIVE YEARS
BEGINNING JANUARY 1, 2001; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
250
Item 9c continued
Moved by Councilor Williams that Resolution No. 3-2001 be passed.
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 9d
RESOLUTION NO. 4-2001
RESOLUTION PLACING A MORATORIUM ON THE APPLICATION OR PERMIT
PROCESS RELATED TO THE CONSTRUCTION, INSTALLATION OR PLACEMENT
OF COMMUNICATION TOWERS; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Moved by Councilor Williams that Resolution No. 4-2001 be passed.
Motion seconded by Councilor Hawkins.
City Attorney stated that he had provided an amendment to this resolution, which would
add the phrase "nor shall any application for a permit be accepted" to Section 1. This language
is included to comply with some legislation passed by the last legislature, which indicates that if
you get your foot in the door in the application process the governing body cannot change the
rules.
Councilor Altman suggested that a time limit be set on the moratorium.
Moved by Councilor Altman to amend Section 3 to read as follows: The moratorium
shall be in effect for six months or until such time that the City Council adopts regulations
related to communications towers, whichever occurs first.
Motion seconded by Councilor Hawkins and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Moved by Councilor Burns to amend Section 1 by adding the phrase "nor shall any
application for a permit be accepted". Section 1 would read "During this declared moratorium
period, as established hereby, no permits for the construction, installation or placement of a
communications tower shall be issued, nor shall any application for a permit be accepted".
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 10a
City Clerk stated that a special City Council meeting needed to be scheduled for the
purpose of canvassing the January 20, 2001 Special City Election returns. City Clerk informed
that by law the canvassing cannot be conducted earlier than the third day nor later than the
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Item 10a continued
sixth day after the election. City Clerk recommended that January 23, 2001 be the meeting
date.
Moved by Councilor Shine that a special meeting be scheduled for January 23, 2001 for
the purpose of canvassing election returns of the January 20, 2001 Special City Election.
Motion seconded by Councilor Williams.
Councilor Altman suggested that it be held at 4:00 p.m.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 10b
Councilor Shine invited everyone to the Kiwanis Pancake Festival January 27 at the
MPEC Agriculture facility.
Councilor Altman said he was encouraged by the early voting turn out and would like to
see a large turnout on Election Day. He reminded everyone that today was the last day of early
voting.
Councilor Esther commented that we have heard as we did this morning people saying
that the proposed coliseum is going to affect the poor, and I think it is sick to make that kind of
statement. Any type of activities that we can generate to support the total needs of the
community is important to this City. It is not fair to say that we are going to come up with
something that is going to affect the lives of persons who are poor and that utility rates are
going to go up. If those people should fall into dire straits the responsibility of their survival still
rests upon the shoulders of all of us. Let's get away from that type of rhetoric and let's move
forward toward progress. That is the only way we are going to help the total City.
Councilor Hawkins stated that the City is making improvements. Our communication
skills with our citizens are improving and we are getting more input than we have in a while. I
hope we will continue these improvements.
Councilor Williams stated that every citizen should have every opportunity to speak and
make a personal statement without being beset by others who have a dissimilar view. I think
we need to remember that we can disagree without being disagreeable and that we do not
have to get personal. Far too much personal animosity has been generated in this City
particularly on the issue of the coliseum. If the coliseum vote passes or not the sun is still going
to rise in the east. All these hostile aggressive feelings are not necessary. Keep your paranoia
to yourself.
Councilor Williams expressed appreciation to Dorothy Roberts-Burns for the excellent
Martin Luther King celebration program. It was well attended and everyone enjoyed it. We
need to work to fill that room next year.
Councilor Altman said he had received email from a physically challenged person who
received information on the bus route deviation. The citizen complimented Dennis, a City
employee, for his courteous assistance. Councilor Altman asked that some time in the future
Staff provide information about the bus system and the ability of the bus drivers to make some
deviations for the purpose of picking up riders.
Mayor encouraged everyone to get out and vote.
Item 10c
There were no staff reports.
252
The City Council adjourned at 9:35 a.m.
PASSED AND APPROVED this day of , 2001.
RRY LUECK
MAYOR
ATTEST:
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,
January 16, 2001, 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: Pastor Willie Johnson
Wesley United Methodist Church
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. Receive Minutes
a. Traffic Safety Commission — November 1 , 2000
b. Planning & Zoning Commission — December 20, 2000
REGULAR AGENDA
7. Public Hearings:
a. Public Hearing To Approve An Amendment To The
Proposed Use of Community Development Block Grant
(CDBG) Funds In A Previously Approved Consolidated Plan.
7. Public Hearings (cont'):
City Council Agenda
Tuesday, January 16, 2001
Page 2
b. Public Hearing On Amending Ordinance No. 82-98, Granting
A Taxicab Franchise To Prezo, Inc., d/b/a, Presidential, To
Increase The Number Of Taxicabs Permitted.
8. Ordinances:
a. Ordinance Amending Ordinance No. 82-98, Granting A
Taxicab Franchise Prezo, Inc., d/b/a, Presidential, To
Increase The Number Of Taxicabs Permitted. (City Council
Bill #8)
9. Resolutions:
a. Resolution Approving The Amendment To The Proposed
Use Of Community Development Block Grant (CDBG)
Funds In A Previously Approved Consolidated Plan. (City
Council Bill #9)
b. Resolution Approving A Fourth Generation Non-Annexation
Agreement With Delphi Automotive Systems, L.L.C.,
Guaranteeing Its Immunity From Annexation For A Period Of
Five Years Beginning January 1 , 2001 . (City Council Bill
#10)
c. Resolution Designating An Approximate 23 Acre Tract Of
Land Out Of Block 26, Kemp & Newby Subdivision,
Cherokee County School Land, A-33, Wichita County, Texas
As An Industrial District And Approving A Fourth Generation
Non-Annexation Agreement With Stanley Mechanics Tools,
Guaranteeing Its Immunity From Annexation For A Period Of
Five Years Beginning January 1 , 2001 . (City Council Bill
#11)
d. Resolution Placing A Moratorium On The Application Or
Permit Process Related To The Construction, Installation Or
Placement Of Communication Towers. (City Council Bill
#12)
10. Other Council Matters:
a. Discussion Regarding Setting Special Meeting Date For
Purposes Of Canvassing Results Of January 20, 2000
Election.
10. Other Council Matters (cont'd):
City Council Agenda
Tuesday, January 16, 2001
Page 3
b. Discussion Of Items Of Concern To Members Of The City
Council.
c. Staff/Council Discussion.
11 . Adjourn.
Wheelchair or handicapped accessibility to the meeting is possible by
using the handicapped parking spaces and ramp located off the east
parking lot on the 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
I 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