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Min 11/16/1999 586 Wichita Falls, Texas Memorial Auditorium Building November 16, 1999 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: Kay Yeager - Mayor Arthur Bea Williams - Councilors Dan Shine - James Esther, Jr. - Bill Altman - Bud Beaty - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Johnny Burns - Absent Mayor Yeager called the meeting to order. Invocation was given by Harvey McMurry, Pastor, City View Baptist Church Item 3 Mayor recognized the Barwise Builders Club and Mr. Phil Brooks with the Kiwanis Club which sponsors the Builders Clubs. Mayor proclaimed the week of November 7-13, 1999 as Builders Club Week. Notre Dame was also recognized as having a Builders Club. Mayor recognized members of the VFW Post No. 8878 and read a proclamation offering our thanks and gratitude to our Wichita Falls veterans for their many sacrifices and outstanding services in our community. Mayor commended the Better Business Bureau for the Ethics in the Workplace Torch Award and mentioned that a luncheon honoring the recipients will be held today. Mayor recognized the workers from various City Departments who worked to rehab the Weeks Golf Course and bring it to the excellent condition in which it is now. Appreciation was expressed on behalf of the City and the Council to these workers for doing a great job at the Weeks Golf Course. Item 4 Gilbert Alaniz, 1721 Puckett Road, read a resolution on behalf of the League of United Latin American Citizens and Wichita Falls Mexican American Democrats. The resolution addressed the demotion of Lt. Manuel Borrego. The resolution stated that Lt. Borrego's demotion was unfair, unjust and denied Lt. Borrego the opportunity and right to apply and be considered for the position of Police Chief. The resolution requested that the selection process be reopened and that an investigation be conducted. A copy of this resolution is attached hereto as Exhibit A. Michael Gonzales, 5121 Edgecliff, Lt. Borrego's brother-in-law, stated that he felt Lt. Borrego was unjustly treated and expressed his support for him. 587 Item 4 continued City Manager commented that a lawsuit had been filed and he recommended that Council let that run its normal course and if any wrongdoing has been done that will be determined in the lawsuit. He mentioned that Lt. Borrego had told him that he was not going to apply for Police Chief because he did not feel he had the experience to do it. My comment to him was that it was entirely his decision and that I would give his application every consideration that I would give anybody else's. I feel that the individual has to make that decision himself and Lt. Borrego made his decision, which was not to apply. This resolution appears to indicate that because he was demoted he could not apply. The application process ceased and closed while he was still Acting Chief. For those who think he was demoted and therefore could not apply; that is not the case. City Manager added that the Police Department has never been run better than it is being run right now. If you ask the officers and majority of the public they feel very strongly that it is a well functioning well directed Police Department. Ronnie London, Executive Director of the Boys and Girls Clubs, 4404 Post Oak Drive, introduced Mr. Will Tucker, Board Member and volunteer football coach who will provide an update on Boys and Girls Club projects at Jaycee Park. Will Tucker, 2207 Clarinda, presented a progress report on the football fields project at Jaycee Park. Mr. Tucker expressed appreciation to the City for their part in supporting this effort. He felt that the Boys & Girls Club football and cheerleader programs promote values for our kids with which to grow up. These programs also build a sense of community pride and statewide presence. Item 5 The Minutes were approved as corrected. City Manager gave a briefing on the items listed under the Consent Agenda. Items 6a-6d Minutes of the following board & commission meetings were received; a. Traffic Safety Commission —October 6, 1999 b. Commission on Human Needs— October 18, 1999 c. Library Advisory Board — October 26, 1999 d. Park Board — October 28, 1999 Item 7a A public hearing was held to consider a franchise for special service vehicles to Prezo, Inc. d.b.a. Presidential Transportation. Mayor declared the public hearing open. Mr. Robert Powers presented background information on this request. Terry Baker, Rt. 2, Box 176T, Wichita Falls, owner Prime Time Limousines, stated that he was running two limousines and All American was running two. He felt that four limousines could handle the needs in this City. If more are authorized someone is not going to make it. You cannot have that many sitting out there in this size City. That is all I do and you need to consider the fact that we do not need anymore than what we already have with no more volume that what Wichita Falls offers. Claudio Ramirez, Jr., 2401 McNiel, owner All American Limo, informed that for eight years there was no limousine service in Wichita Falls until Mr. Baker obtained his franchise and later we applied for our limousine franchise. The business is not out there for additional limousines and already having four out there is a strain. He asked that Council take that into consideration. Look at it a little closer to see if additional special service vehicles are needed. He stated that he would have wanted to discuss this request with the Taxicab Committee before being submitted to Council. 588 Item 7a continued Mayor called for additional comments. There being none Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 116-99 ORDINANCE AUTHORIZING A FRANCHISE FOR SPECIAL SERVICE VEHICLES TO PREZO, INC. D.B.A. PRESIDENTIAL TRANSPORTATION; 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. 116-99 be passed. Motion seconded by Councilor Williams. Mr. Robert Powers informed that the taxi committee is composed of five Staff members. When we invite franchise business owners to those meetings it is to discuss changes in the Ordinance or the operating procedures and to hear complaints about unfair or illegal activity. It is not to get their input about whether someone should be in business or not. Councilor Shine asked if the committee makes recommendations on the number of vehicles. He was more concerned about handicap vans and if the number of vehicles being requested was in order. Mr. Powers replied that the committee does not consider the number of vehicles. The committee is not in a position to be for or opposed to it. Councilor Esther felt that the market should determine who will be in business in this City. After some additional discussion, Mayor recapped that the marketplace should determine the number of special service vehicles and the Council's role is to say that the vehicles that are permitted are safe. Mr. Powers stated that with the taxicabs there is more discussion of the number of vehicles but not with the special service vehicles. Councilor Williams felt that the marketplace should also determine the number of taxicabs. If you invest a lot of money in a business when you know it is saturated you are already taking your chances. As long as the vehicles are operable and the drivers follow public safety regulations and standards, the user should be the one to determine who they will call. Councilor Shine stated that his concern was the problems that arise when vehicles for hire are discussed and questioned if the Ordinance was what caused the problems. Maybe it needs to be changed. Jody Wade, #4 Wimberly Terrace, stated that since he has been in business Council has never been concerned with the number of special service vehicles requested. He also stated that All American had been operating two limousines without being permitted. Mr. Powers informed that the proposed ordinance should be corrected to reflect six special service vehicles, of which four should be limousines and two should be handicap accessible vans. Moved by Councilor Esther that proposed ordinance be amended to reflect six special service vehicles, of which four should be limousines and two should be handicap accessible vans. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, and Beaty. Nays: None Motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, and Beaty. Nays: None 589 Item 8b ORDINANCE NO. 117-99 ORDINANCE REZONING 4.99 ACRES OUT OF LOT 10, BLOCK 19, FOUNTAIN PARK, SECTION 4-A, FROM MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL CONDITIONED ZONING AND AMENDING THE COMPREHENSIVE PLAN; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Shine that Ordinance No. 117-99 be passed. Motion seconded by Councilor Beaty. Louis Swarthy, 2417 Piccadilly, stated that one of the things that is confusing to us is the changing of the zoning ordinance which has existed in that area since we purchased. We have a major traffic problem on Kell, Fairway, McNiel, and Old Seymour Road. He asked Council to consider the cost and the investment that the people in Fountain Park have in their homes now. Somewhere the citizens need to have more say than the Council alone, and if they did it would be defeated. Mayor commented that we are diligently working on the traffic problems particularly Kell. We hope that very soon the third expansion will become a reality. Mayor added that this particular item and the following item were considered last week by Planning and Zoning at which time citizens had the opportunity to express their concerns. Motion carried by the following voter. Ayes: Mayor Yeager, Councilors Williams, Shine, Ester, Altman, and Beaty. Nays: None Item 8c ORDINANCE NO. 118-99 ORDINANCE REZONING 3.07 ACRES OUT OF BLOCKS 8 & 17, DENTON COUNTY SCHOOL LANDS LEAGUE 1, FROM SINGLE FAMILY TO GENERAL COMMERCIAL AND AMENDING THE COMPREHENSIVE PLAN; 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. 118-99 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, and Beaty Nays: None Items 8d ORDINANCE NO. 119-99 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE RELEASE OF RESTRICTIONS CONTAINED IN THE 1986 DEED TO THE WICHITA COUNTY HERITAGE SOCIETY FOR THE LITTLEST SKYSCRAPER COMPLEX; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther to take from the table the item concerning the release of restrictions contained in the 1986 deed to the Wichita County Heritage Society for the Littlest Skyscraper Complex. This item being Ordinance No. 119-99. 590 Item 8d continued Motion seconded by Councilor Shine. Mr. David Clark stated that this ordinance would waive some of the restrictions that were originally placed when the City first purchased then provided the property to the Heritage Society. He detailed the changes. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, and Beaty Nays: None Item 8e ORDINANCE NO. 120-99 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, GOVERNING THE USE AND OCCUPANCY OF THE PUBLIC RIGHTS-OF-WAY WITHIN THE CITY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES, INCLUDING THE ESTABLISHMENT OF COMPENSATION FOR THAT USE AND OCCUPANCY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Ordinance No.120-99 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, and Beaty Nays: None Item 8f ORDINANCE NO. 121-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF TXU LONE STAR GAS, A DIVISION OF TXU GAS COMPANY, A TEXAS CORPORATION, WITHIN THE CITY OF WICHITA FALLS FOR 90 DAYS FROM AND AFTER DECEMBER 13, 1999; PROVIDING FOR THE CONTINUATION OF EXISTING RATES WITHIN THE CITY OF WICHITA FALLS; 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 Esther that Ordinance No.121-99 be passed. Motion seconded by Councilor Williams. City Attorney informed that there was an error in the commentary. The commentary refers to Senate Bill 7 and it should be House Bill 1777. He explained House Bill 1777 and how it would affect the City. City Attorney informed that the figure under Section 5.01 of the proposed ordinance was an estimate and that it would change in March at which time this ordinance will be resubmitted to Council with an amendment. He was informed this morning that Southwestern Bell is going to opt out of their current franchise and elect to proceed under the provisions of H.B. 1777. At the same time they will honor that portion of the franchise that specifies the franchise fee payment. Southwestern Bell will continue to honor that until such time that the playing field is a little clearer and the Public Utility Commission issues some of the regulations based upon this 591 Item 8f continued statute. He informed that Caprock Communications is going to be a new local telephone provider probably sometime in March, and they have complete concurrence with the ordinance that is before you. City Attorney noted that there are some areas that Southwestern Bell does not agree with, for example whether the franchise fee payment will be monthly or quarterly and our responsibility for confidentiality of certain financial records. At this point we recommend that Council adopt this proposed ordinance. Larry Drennen, Area Manager External Affairs Southwestern Bell, 812 9th Street, stated that House Bill 1777 gives the Public Utility Commission more control on how cities are compensated for use of right of ways by telecommunications providers. Our position now is that we do not know what the requirements are going to be and will not know until maybe June 2000. Our company's position is that we are going to terminate the existing Ordinance but will continue to honor that Ordinance. Our company will continue to make payments that are the same guidelines as far as dollar amounts that were already established in the old Ordinance. If Council passes this new proposed ordinance today, we will not honor it. We feel that there are too many unknowns about this proposed ordinance and it would not be in our best interest to enter into an agreement with this proposed ordinance. There are also some questions by our legal folks as to the interpretation of the confidentiality of the access line accounts that by law we are going to have to provide the City. Those are trade secrets and that is highly confidential material. Our folks feel that Mr. Humbach does not interpret the language the same way we do. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, and Beaty Nays: None Item 9a RESOLUTION NO. 133-99 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A MONEY PURCHASE RETIREMENT PLAN; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Resolution No. 133-99 be passed Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, and Beaty Nays: None Item 9b RESOLUTION NO. 134-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE BUDGET GROUP, INC. AS AN ENTERPRISE ZONE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT; 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. 134-99 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, and Beaty Nays: None 592 Item 10a Councilor Altman informed that the Northwest Council of Boy Scouts will be honoring Phil and Aurora Bolin tonight for their contributions to the City, Midwestern State University and the State. Councilor Esther expressed appreciation for the use of our downtown area. He mentioned the veterans' parade and said that downtown comes alive when we use it to celebrate holidays and special events and he encouraged that it be used more often. Councilor Beaty asked for an update on the water situation. Mr. George Bonnett informed that we are below 53% of total storage capacity. At 55% we went into a drought watch; at 50% we go into mandatory restrictions; and at 40% these restrictions are really tightened up. Council will have an ordinance at their next meeting to set up mandatory restrictions. Mr. David Lehfeldt provided information on these restrictions. Councilor Williams expressed appreciation to Code Enforcement for responding quickly to a constituent's complaint. Mayor thanked Mr. Bonnett and Mr. Lehfeldt for their comments about the water and asked that citizens heed to our cries to conserve water. She wished everyone a Happy Thanksgiving. Item 10b City Manager provided the Thanksgiving holiday refuse collection schedule. Mr. George Bonnett reported on the Lake Kemp Cabin Position Paper, a copy of which is attached hereto as Exhibit B. The City Council adjourned at 11:05 a.m. PASSED AND APPROVED this _day of 1999. K#fHRYNA/YEA ER MAYOR ATTEST: Lydia Torres City Clerk i ki:...wa y. 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 On Tuesday, November 16, 1999, Beginning At 8:30 a.m. City Council: Mayor Kay Yeager - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Bud Beaty 1 . Call to Order. 2. Invocation: Pastor Harvey McMurry City View Baptist 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 — October 6, 1999 b. Commission on Human Needs — October 18, 1999 c. Library Advisory Board — October 26, 1999 d. Park Board — October 28, 1999 City Council Agenda Tuesday, November 16, 1999 Page 2 REGULAR AGENDA 7. Public Hearings: a. Consider Franchise For Special Service Vehicles To Prezo, Inc. d.b.a. Presidential Transportation. 8. Ordinances: a. Ordinance Authorizing A Franchise For Special Service Vehicles To Prezo, Inc. d.b.a. Presidential Transportation. (City Council Bill #259) b. Ordinance Rezoning 4.99 Acres Out Of Lot 10, Block 19, Fountain Park, Section 4-A, From Multifamily Residential To General Commercial Conditioned Zoning And Amending The Comprehensive Plan. (City Council Bill #260) c. Ordinance Rezoning 3.07 Acres Out Of Blocks 8 & 17, Denton County School Lands League 1 , From Single Family To General Commercial Zoning And Amending The Comprehensive Plan. (City Council Bill #261) d. Ordinance Authorizing The Release Of Restrictions Contained In The 1986 Deed To The Wichita County Heritage Society For The Littlest Skyscraper Complex. (City Council Bill #262) e. Ordinance Governing Use And Occupancy Of The Public Rights-Of-Way Within The City For The Provision Of Telecommunications Services, Including The Establishment Of Compensation For That Use And Occupancy. (City Council Bill #263) f. Ordinance Suspending The Effective Date Of Proposed Revisions Of Rates And Schedules Of TXU Lone Star Gas Within The City Of Wichita Falls For 90 Days From And After December 13, 1999. (City Council Bill #264) 9. Resolutions: a. Resolution Authorizing The Establishment Of A Money Purchase Retirement Plan. (City Council Bill #265) 9. Resolutions (cont'd): City Council Agenda Tuesday, November 16, 1999 Page 3 b. Resolution To Nominate Budget Group, Inc. As An Enterprise Zone Project To Be Submitted To The Texas Department Of Economic Development. (City Council Bill #266) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 11 . 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 I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 19 at o'clock (a.m.)(p.m.). City Clerk