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Min 11/05/1996 361 Wichita Falls, Texas Memorial Auditorium Building November 5, 1996 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 Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Dockery - Assistant City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk James Berzina - Absent Mayor Yeager called the meeting to order. Invocation was given by Rev. Bill Jackson, Victory Baptist Church. Item 3a Mayor expressed appreciation for the hard work that the Highway Committee has done . Mayor informed that $6 million funding, from TXDOT Discretionary Fund, for the six-lane Holliday-Broad Overpass was approved. She also thanked Clarence Muehlberger, Arnold Oliver, Senator Tom Haywood, Representative John Hirschi and Representative Charles Finnell for their assistance . Mayor informed that preliminary approval on the Holt Hotel Project had been received and she thanked Dave Clark for his efforts the past three years . We expect final approval today. No one signed up for public comments . Item 4a Debra Mitchell, Housing/Community Development, was honored as Employee of the Month. Mayor Yeager presented her with a plaque, City pin, theater and transit tickets, dinner for two, and a check. 362 Item 4a cont' d. Councilor Hawkins presented Certificates of Appreciation to the Wichita Falls Public Transportation Department and the Wichita Falls Street Department for their hard work and the time they devote to make sure the job is done right . Mr. Bob Parker and Mr. George Bonnett, Directors of the respective departments accepted the certificates . Item The minutes were approved as submitted with one correction on Page 356, Resolution 161-96 . The word "signed" was corrected to read "sign. " Items 6a-9e Moved by Councilor Shine that the consent agenda be approved. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6a RESOLUTION NO. 164-96 RESOLUTION ACCEPTING AS COMPLETE THE SOUTH SITE IMPROVEMENTS FOR PEDESTRIAN WORK, PLAZA AND FOUNTAIN OF THE MULTI-PURPOSE EVENTS CENTER PROJECT BY SCALES CONCRETE CONSTRUCTION, INC. Item 6b RESOLUTION N0, 165-96 RESOLUTION APPROVING TRANSFER OF OLD UNCOLLECTIBLE ACCOUNTS RECEIVABLE TOTALING $74 , 188 . 80 FROM AN ACTIVE TO DORMANT STATUS Item 7a RESOLUTION NO. 166-96 RESOLUTION TO AWARD BID AND CONTRACT FOR JASPER WATER PLANT STRUCTURAL IMPROVEMENT AND REHABILITATION PROJECT Item 7b RESOLUTION NO, 167-96 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR MARTIN LUTHER KING WALL REPAIR (CDBG) PROJECT 363 Item 8a RESOLUTION NO 168- 6 RESOLUTION TO ACCEPT THE 1996 STREET RESURFACING PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT COMPANY Item 8b RESOLUTION NO 16 -96 RESOLUTION TO ACCEPT THE 1996 CDBG MILL AND OVERLAY PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT Item 8c RESOLUTION NO 170-96 RESOLUTION TO ACCEPT THE FIRE STATION NO. 3 REROOFING PROJECT AND AUTHORIZE FINAL PAYMENT TO LYDICK-HOOKS ROOFING, INC. Item 9a-9e Minutes of the meetings of the following boards and commissions were received. a. Commission on Human Needs, September 16, 1996 b. Landmark Commission, September 26, 1996 C . Water Resources Commission, October 4 , 1996 d. Board of Electrical Examiners, October 14 , 1996 e . Aviation Advisory Board, October 17, 1996 Item 10a ORDINANCE NO 1 6-96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ORDERING THAT A SPECIAL ELECTION BE HELD IN THE CITY OF WICHITA FALLS ON JANUARY 18, 1997, TO SUBMIT PROPOSITIONS ON THE QUESTION OF THE ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALE AND USE TAX UNDER THE PROVISIONS OF SECTION 321 . 101 (b) OF THE TEXAS TAX CODE TO BE USED TO REDUCE THE CITY PROPERTY TAX RATE AND THE ADOPTION OF A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT A RATE OF ONE-FOURTH OF ONE PERCENT UNDER THE PROVISIONS OF SECTION 4A OF THE DEVELOPMENT CORPORATION ACT OF 1979; ADDITIONALLY, SUBMITTING TO THE VOTERS THE PROPOSITION OF THE QUESTION OF THE ADOPTION OF AN ADDITIONAL ONE-FOURTH OF ONE PERCENT SALES AND USE TAX UNDER THE PROVISIONS OF SECTION 4B OF THE DEVELOPMENT CORPORATION ACT OF 1979; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 156-96 be passed. 364 Item 10a cont' d. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin and Hawkins Nays : None Item 10b ORDINANCE NO. 157-96 AN ORDINANCE AMENDING SECTION 6700, SIGN REGULATIONS OF THE ZONING ORDINANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Mayor stated that this Ordinance would be considered for approval with the exception of Section 3 under Section 6730 J and Section 6 , 6755 A (1) , B and C; and recommended that these sections be sent back to the Planning and Zoning Commission for further study. This exception references the portable signs . Moved by Councilor Hawkins that Ordinance No. 157-96 be passed, with the exception of Section 3 under Section 6730 J and Section 6 , 6755 A (1) , B and C. Motion seconded by Councilor Shine . �+ Council felt there was a need to have some control and it could be done with satisfaction to all . The way that city government works is by a committee or staff presenting an idea to the Council . It is difficult to call individuals for their opinion. It was suggested that persons directly involved contact Dave Clark for meeting information so they can give their input and that someone in the billboard enterprise sit with the Planning and Zoning Commission as an advisor. Mr. Clark informed that the principle idea is to bring these standards into line with state regulations . Ken Knowles, 2016 Hiawatha, said that restrictions on portable signs would be detrimental to his business . He said that he was unaware of this proposed ordinance until someone brought it to his attention and he felt like the people directly affected should be told and consulted. Steve Flinn, 22 Fry, Lakeside City, co-owner of Action Portable Signs, said that they at all times comply with all City rules and regulations . My signs are not a nuisance and clutter. There are a lot of signs in the City, not mine, that are a nuisance and clutter and nothing has been done with them for at least a year. We ask that you serve the people . He volunteered to work with Planning and Zoning or with the Council in this matter. Mayor commented that all Planning and Zoning meetings are legally posted with the date, time, and location and open to the public . 365 Item 10b cont' d. Joe Johnson, Chair of Planning and Zoning Commission, stated that they meet the second Wednesday of the month at 2 : 00 p.m. at the Council Chambers and it is open to the public. He welcomed anyone who is considering the changes to the sign ordinances . The intent of the Commission is not to ban something that would hurt the small business people, but we have an obligation to the citizens to look at the future of the City, the big picture, long term. Tommy Richardson, 4402 Montego, said that when the original sign ordinance was passed in 1985, portable signs were banned then and I am asking that you follow through. The City has not enforced the existing ordinance . If you institute the broader definition of portable signs, suggest that you appropriate some funds to enforce your ordinance . Vincent Rains, 4610 Misty Valley East, stated that small business owners use every avenue to collect sales taxes for the City. This is another way of forcing down the sales revenue which is taking money out of your pockets . You need to take a look at the big picture, because we collect the taxes and you get the money. The City needs to make them pull a permit and maintain their signs, but does not need to do away with all of it . Ray Kimberly, owner of Pak `N Fax, stated that his business has increased since he started using Action Signs and he has no complaint as to the maintenance because they do an excellent job. Ben Valadez, owner Green' s Furniture, said that he does not use portable signs but he believes in them. You cannot expect to take the advertising out of the business person and continue to stay in business . When planning to change or pass an ordinance, persons who are going to be directly affected need to be contacted. There is no need to pass an ordinance that covers an overall situation every time we have a small problem. We have enough ordinances, they just need to be enforced. Instead of reacting to a few calls or complaints, you need to listen to the people whom it affects, and not make random decisions . Howard Baker, 1719 Seymour, owner of Baker' s Auto Detail Shop, said that if you take portable signs away from small business owners you are going to put them out of business . I would like to keep my signs . Jim Briscoe, 4321 Faith Road, owns a small business at 1712 Seymour Road, said that there are signs which need to be taken down. Portable signs that are maintained are good advertising tools . I do two types of advertising, word of mouth and portable signs . If you take the portable signs away from me, that is going to take 60-70% of my business . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None 366 Item 10c ORDINANCE NO, 158-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF SEYMOUR HIGHWAY ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 13 , BARTOSH SUBDIVISION Moved by Councilor Martin that Ordinance No. 158-96 be passed. Motion seconded by Councilor Hawkins . Councilor Shine asked for more information from Staff as to who looked at the area. Mr. Bonnett stated that the issue was that City ordinance requires it if it is technically possible to install it . We feel that it is technically possible, therefore, it is required by ordinance . M. T. Perratt, 4527 Barbados, representing Mrs . David Andrews, said she is wanting to develop the south end of Kell through to Seymour Highway for mini storage buildings on Kell . We intend to put a sidewalk on Kell . This project depends on the cash flow of the storage units . There is curb and gutter around Cessco, but there is no curb and gutter from her property east to downtown between there and Barnett Road. We would like to have the waiver to forego the expense so that we can proceed with this project . Mr. Bonnett said that it would be more cost effective if all was done at once . Mr. Jim Dockery commented that Staff brings these recommendations to Council if they can technically be done in accordance with the ordinance . Motion carried by the following vote . Ayes : Councilors Shine, Thompson, Martin, and Hawkins Nays : Mayor Yeager, Councilors Johnston, and Daniel Item 10d ORDINANCE NO, 159-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTH SIDE OF SEYMOUR HIGHWAY AND THE NORTH SIDE OF KELL FREEWAY ADJACENT TO THE NORTH AND SOUTH LINES OF LOT 1, BLOCK 13 , BARTOSH SUBDIVISION Moved by Councilor Martin that Ordinance No. 159-96 be passed. Motion seconded by Councilor Hawkins . 367 Item 10d cont'd. Moved by Councilor Hawkins to amend the original motion by denying the waiver on Kell and approving the waiver on Seymour Highway. Motion to amend was seconded by Councilor Shine . Motion to pass Ordinance No. 159-96 as amended carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10e ORDINANCE NO, 160-96 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DEDICATING A 1 . 102 ACRE TRACT OF LAND OUT OF THE E. SCURRY SURVEY, A-481, WICHITA COUNTY, TEXAS AS A PUBLIC STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 160-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item lla RESOLUTION NO 171- 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONCESSION AGREEMENT BETWEEN THE CITY AND INTERSPACE SERVICES, INC. ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 171-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 368 Item llb RESOLUTION NO. 172-96 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PRODUCING AN AIRPORT LAYOUT PLAN AND INSTALLING SECURITY FENCING AT THE MUNICIPAL AIRPORT Moved by Councilor Johnston that Resolution No. 172-96 be passed. Motion seconded by Councilor Shine. Mr. Robert Parker informed that the total cost is $33 , 000 and the City' s cost is 1001 . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item llc RESOLUTION NO. 173-96 rw� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH AERO MAINTENANCE, INC. , FOR LEASE OF LAND AT THE WICHITA FALLS MUNICIPAL AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 173-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 12a Councilor Shine thanked the Mayor for all the work she has done here . Councilor Thompson said that he has seen some wonderful things happening in the City, like the downtown revitalization projects . More than that, because of the gang situation, more 369 Item 12a cont' d. and more black and white clergy are working together. The problem is not confined to any economic group. The conclusion from the task force meeting is that our children where ever they come from tend to fall into the grips of those things that are destructive . I think that the fact that we have clergymen going to the schools and laymen who are volunteering as tutors and mentors is something which we have not seen to this degree in our City. Because of that I have more hope now than yesterday. I think something positive is going to come of this . All the organizations have an important part to play, but the most important and positive thing is that church people have stepped up to do something to help with the schools . Trouble does not discriminate, and I think we are on the right course . He thanked the Mayor and those who had come to form a coalition that would represent the spirit and harmony of this community. Councilor Martin echoed the comments regarding the action the City has taken in addressing the gang situation in our City and he commended the Mayor for taking the lead. The criticism that the task force has received is unwarranted because it is a fact finding group trying to find out how the citizens want to attack this problem. Everyone will eventually need to be involved to solve this problem. Councilor Martin said that another issue which needs to be addressed is the judicial system and the actions they are taking. The Courts are failing to address those people' s responsibilities and addressing only their rights . With rights come responsibilities . The judicial system needs to do their part by enforcing those obligations and duties which go along with the rights . Councilor Martin encouraged voters to get out and vote because one vote does make a difference . Councilor Hawkins expressed appreciation to the Mayor for the task force meeting on Monday night . What he heard repeated was family, family, family. It takes a village to raise a child not a family. Children are having children but they cannot be a family and we need to work with them to help them. We have lost a good majority of our teens and we are going to have to write them off . If they do the crime they spend the time . It is going to be hard to get our judges to do that because it costs money to incarcerate them. But they need to be taken off our streets so they do not have the influence on the youth coming up. Councilor Hawkins asked the Mayor to review the set up of gang task force meetings so that citizens can address the audience as well as the committee . He expressed appreciation to the Mayor for the time and effort she is putting forth in serving on this committee and working on all the other committees . He said that the Mayor is devoting a lot of time to the City and North Texas to try to improve our area. Councilor Johnston said that this task force is just the tip of the iceberg of what can be done when the community pulls together. We have a Mayor who is leading us in getting to participate in joining efforts in all areas, City, County, School, and State . I see a bright future for Wichita Falls because we pull together; we can accomplish a lot more at a reduced cost to the citizens . 370 Item 12a cont' d. Councilor Daniel stated that the crises which we face regarding our youth has resulted in a lot of things being obtained. One thing is that a lot of people have come together in prayer. God empowers us to go out and act . He complimented the School Board because Dr. Carnine has stepped forward and has been a leader in this area. Partners in Education program has been very successful which has involved business people in the community to bring in all resources inside the school . Their mentoring program is an opportunity to share what God has blessed us with. He encouraged everyone to do that . Councilor Daniel mentioned the tornado sirens in the Bermuda Street area . Mr. Bob Parker stated that nothing has changed in the procedure, but they will check that siren. Mayor thanked the Council for their compliments and expressed appreciation to Judge Gipson and David Flack for their involvement . We will continue to see it to whatever conclusions . She thanked City Staff who assisted with the task force meetings . She commented that the youth will need to be involved and there is nothing to preclude them from coming to the meetings and speaking. Mayor expressed appreciation to the four churches for allowing us to hold these meetings there . It is going to take the support, commitment, and involvement of every citizen of this community. She solicited continued public input . Mayor noted the excitement and enthusiasm of the Staff as the new computers are coming to fruition. It is a very positive attitude . wo Mayor mentioned that Pat Halverson' s wife was recognized as outstanding alumni at Midwestern State University in the division of Mathematical Science and Chief Harrelson in the division of Political Science and Public Administration. Item 12b There were no reports . Item 12c The City Council went into Executive Session at 10 : 15 a.m. as authorized by Section 551 . 074 of the Government Code, and reconvened at 11 :45 a.m. The City Council adjourned at 11 :45 a.m. PASSED AND APPROVED this � day of titi' ' �) 1996 . KAT14RYN YEAGE MAYOR 371 ATTEST: Lydia Torres City Clerk