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Min 03/21/1995 842 Wichita Falls,Texas Memorial Audito rium Building March 21, 1995 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: Michael Lam - Mayor Leon Mallonee - Councilors Terry Loughry Bill Daniel - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Angus Thompson - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. John Hocker, Calvary Assembly of God. Item 3 Moved by Councilor Martin that the minutes of the March 7, 1995 meeting be approved. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Daniel, Martin, and Hawkins. Nays: None Items 4-7a Mr. William C. Young asked that Item 5a be brought down. Moved by Councilor Martin that the Consent Agenda be approved with the exception of Item 5a. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Daniel, Martin, and Hawkins. Nays: None Item 4 This item was deleted. Item 6a Bid was awarded for a power rescue tool to Casco Industries in the amount of $21,750. 843 Item 7a Minutes of the Wichita Falls/Wichita County Public Health Board February 24, 1995 meeting were received. Item 5a RESOLUTION NO. 46-95 RESOLUTION NAMING POLLING PLACES AND OFFICIALS FOR REGULAR CITY ELECTION ON MAY 6 , 1995 Moved by Councilor Martin that Resolution No. 46-95 be passed. Motion seconded by Councilor Mallonee. Mr. William C. Young, 1018 Widows Lane requested again that Lamar School be reinstated as a polling place. Councilor Hawkins asked that this be brought back as an ordinance for Council consideration. Mayor stated that we would work on this. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Daniel, Martin, and Hawkins Nays: None City Council went into executive session at 8: 40 a.m. to discuss pending litigation, regarding Jaco, et al, vs. City of Wichita Falls, as authorized by Section 551. 071 of the Texas Government Code. Councilor Loughry arrived in executive session at 8: 50 a.m. City Council reconvened at 9 : 20 a.m. Mayor declared March 21 , 1995 as Parents without Partners Day. Item 8a ORDINANCE NO. 26-95 ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING A WALK/RUN EVENT BY CHILDREN'S MIRACLE NETWORK APRIL 1 , 1995 IN HAMILTON PARK Moved by Councilor Martin that Ordinance No. 26-95 be passed. Motion seconded by Councilor Daniel Barbara Milstead, Special Events Coordinator of Wichita General Hospital, requested that they be allowed to put up banners and signs in Hamilton Park for the Children' s Miracle Network. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None 844 Item 8b ORDINANCE NO. 27-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CALLING FOR A SPECIAL REFERENDUM ELECTION TO BE HELD IN CONJUNCTION WITH THE REGULAR MUNICIPAL ELECTION ON MAY 6, 1995; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 27-95 be passed. Motion seconded by Councilor Daniel. Giola Ozuna, 2938 Elliott, spoke against smoking and described an educational billboard against smoking. Ed Bond, 3411 Glenwood, was concerned with the portion of the Ordinance which addressed retail establishments displaying tobacco products. He wanted to know what the time frame would be to amend the ordinance. Mayor informed that the Council has the option to amend the ordinance after the election. Paul Jaco, 2921 Featherston, expressed his appreciation to the Council for voting to put this issue on the ballot. Gail Cunningham, 2412 Clayton, encouraged Council to submit the existing smoking ordinance without alterations for voter approval on the May 6 ballot. Mrs. Cunningham gave illustrations of how we all live with laws such as public health inspections, building codes regulating wiring, license to operate motor vehicles and equipment. She stated that hundreds of thousands are alive today, thanks to government intervention. Government regulations have helped insure our well being. Please resist amending the existing ordinance and place it on the May ballot. By doing so you are not caving in to pressure from any special interest group promoting their own agenda, instead you are doing the job your were elected to do, making decisions for the good of the whole. Greg Stockton, 2614 San Simeon, requested that the smoking ordinance be placed on the ballot. He stated that the Corpus Christi ordinance, which was discussed at the last Council meeting, had been amended in 1993 . The Arlington ordinance used by the Tobacco Awareness Coalition, was amended last year to delete separate ventilation. He was concerned that the ordinance once approved would possibly not be amended. William C. Young, 1018 Widows Lane, is a non-smoker by health reasons. He did not feel government had any business telling him if he could or could not smoke. It was his choice. The ordinance should be on the ballot and let the people speak. Larry Brumbelow, 5127 Deer Creek, applauded the Council' s efforts in putting this on the ballot. However, he believes that this particular item is being discussed to bring it to a vote not out of any benevolence of anyone in government but because of actions taken. The people he represents are thrilled that this is being taken to a vote. Marty Sparks, 306 Polk, stated that this should have been tabled and discussed, as suggested by Councilor Loughry in December, and we would not be here today. Dr. Kent Ulrich, 2209 Berkeley, expressed the effort and diligence by the Council of taking on this tough issue. The Tobacco Awareness Coalition concurs and supports any Council decision to place this on the ballot. Now the Coalition' s duty to the community is to provide them the evidence that second hand smoke is deleterious to the health and welfare of the community. We welcome the opportunity to bring that issue to the community. 845 Item 8b, cont 'd. Motion carried as follows. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Item 8c ORDINANCE NO. 28-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CALLING FOR A SPECIAL ELECTION FOR MAY 6, 1995, TO SUBMIT PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF WICHITA FALLS; SETTING FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE FORM OF THE PROPOSITIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW City Attorney informed that Council has two options, Exhibit A and Exhibit B. Exhibit A allows the voters to vote on Charter amendments dealing with the referendum and initiative process as far as the petition requirements specified in the Charter language so as to parallel with current State law under petitions. Under State law, only the signature is required to be in the petitioner' s own handwriting. Under our City Charter, the petitioner is to put in their date, voter registration number, address and print in their name in their own handwriting. Exhibit A would allow voters to amend the Charter so that it parallels with current State law. Exhibit B does the same thing as Exhibit A except that it contains two other amendments which would, if approved by voters, increase the number of required signatures on a petition from 3 ,000 to 5,000. There are two additional measures in Exhibit B that would change the required number of signatures in both the initiative petition and the referendum petition from current level of 3 ,000 to 5, 000 . Council was given Exhibit B so that you would have an option. If it called for liberalizing those requirements, you would have the opportunity at the same time to consider submitting it to the voters to increase the total number of signatures required. Moved by Councilor Martin that Council Bill No. 77 be passed with the amendment that the printed signatures be the same as the name appears on the voter registration card. Councilor Martin stated that this amendment would apply to both Exhibit A and Exhibit B. Mayor clarified that he was asking for a motion and a second in order to discuss Council Bill No. 77 and afterwards any amendments could be addressed. Moved by Councilor Martin that Council Bill No. 77 be passed. Motion seconded by Councilor Mallonee. William C. Young, 1018 Widows Lane, expressed his appreciation for including the female gender in the amendments. He urged Council to adopt Exhibit A. He said that it was too difficult to obtain 3000 signatures and if that number is increased, it is taking it a little too strong toward the people ' s right to petition government. Paul Jaco, 2921 Featherston, asked Council to take into consideration leaving the number where it would be feasible for the people to petition and consider raising the percentage to 200 or 30a of the number who voted at the last election. 846 Item 8c, cont 'd. Giola Ozuna, 2938 Elliott, said she thought 10% was a good figure. Larry Brumbelow, 5127 Deer Creek, stated that the consensus of the Citizens Rights Support Group was that they support the item on Exhibit A to bring the Charter into State compliance by deleting the all in one hand ruling from this Charter law. We stand pat on the 3000 figure as being a viable figure to show serious intent to have voice. We feel that an increase in the number of required signatures will send a strong message to people in this City that this government is possibly trying to insulate itself from the people' s voice. You would be removing one obstacle and placing another restriction or difficulty in its place. The petitioning process should not be so available and so low so as to be frivolous, and we believe 3000 signatures is not a frivolous number. We believe 5000 is a little steep considering the number in city elections do not even draw that many voters. He urged the Council to adopt Exhibit A and let Exhibit B go and prove to the people of this City that this Council will remain open to the voice of its constituents. Councilor Daniel pointed out that the Council literally would not be speaking. This would be an item which would be voted on by the entire City and therefore, the public would speak to this issue and they would decide on the number. Mr. Brumbelow replied that if the 5000 figure was put on the ballot, they would stand up and make recommendations to people wholeheartedly that they shoot this thing right in the head. Mayor asked Mr. Brumbelow, that based on his past statements, if he felt the democratic thing to do would be to provide that option. Mr. Brumbelow replied that he stands behind Mr. Jaco' s recommendation of increasing the percentage to keep the petition process from being a frivolous item. Mayor commented that Mr. Daniel had made a very good point. We are not talking about passing an ordinance today that becomes law. We are talking about placing an item on the next City election in which the people will have a choice to determine how they want it. Mr. Brumbelow stated that Council would be far more successful in getting this through the polls and through the people if they kept the 3000 figure. If you adopt the 5000 figure we as a group will stand up and battle it. We feel it is an undue requirement for there to be more requirement on a petition to get a voice than traditionally shows up for regular City elections. City Attorney stated that only the voter can change the Charter by a vote. The only thing we are discussing this morning is whether the voters should have an opportunity to vote on changing the figure from 3000 to 5000 . Councilor Hawkins questioned why this issue should even be put out, that it was Staff and Council who put this out, not the citizens. Councilor Daniel commented that in 1983 a balance was achieved. Section 49 required stringent criteria as far as gathering signatures and 3000 votes. Those two perimeters achieved a reasonable balance. If you change one side of that balance, it seems to me you would need to change the other side in equal amount. However, I do not know where that balance would be. Councilor Martin commented that by putting this to a vote the citizens would be the ones deciding because if the 5000 figure failed it would go back to the 3000 figure. Why not give the citizens the choice and we will abide by the vote. Mayor asked the City Attorney to explain the fact that there would be two votes taken. City Attorney stated that Council had two Council Bills before them, 77 and 78. Council Bill 77 proposes the opportunity to the voters to amend the petition requirements so it parallels with current State law. Council Bill 78 does the same thing as Council Bill 77 except it adds two additional 847 Item 8c, cont'd. measures which would increase the number of required signatures from 3000 to 5000. If Council Bill 77 is passed you will not vote on Council Bill 78 . If Council Bill 77 fails you will have four votes on Council Bill 78 on the four separate charter amendments. It is possible for one or two to pass and not the others. Councilor Martin moved that Council Bill 77 be amended to change the wording that the printed signature has to be the same as on the voter registration card. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Mayor called for the question on Council Bill 77 . Motion failed by the following vote. Ayes: Councilors Loughry and Hawkins Nays: Mayor Lam, Councilors Mallonee, Daniel and Martin City Attorney read the four separate propositions which will be submitted to the voters if Council Bill 78 is adopted by the Council. Proposition No. 1 Shall Section 40 of the City Charter, concerning signatures to initiative petitions, be amended so that such section shall conform with state law? Proposition No. 2 Shall Section 41 of the City Charter be amended so as to increase the number of voters required to call an initiative petition from 3 , 000 to 5 ,000? Proposition No. 3 Shall Section 48 of the City Charter be amended so as to increase the number of voters required to call a referendum petition from 3 ,000 to 5, 000? Proposition No. 4 Shall Section 49 of the City Charter, concerning signatures to referendum petitions, be amended so that such section shall conform with state law? Councilor Hawkins offered a substitute motion to have two votes taken. One vote on Proposition 1 and 4 and one vote on Proposition 2 and 3 . City Attorney informed that this could not be done because Charter requires that each amendment to the Charter must be voted on individually. Moved by Councilor Daniel that Proposition 2 and Proposition 3 be amended to reflect that the number be increased from 3000 to 4000 instead of 5000. Motion seconded by Councilor Hawkins and carried by the following vote. - Ayes: Councilors Mallonee, Loughry, Daniel, and Hawkins Nays: Mayor Lam and Councilor Martin Moved by Councilor Martin that Council Bill 78 be amended to change the wording that the printed signature has to be the same as on the voter registration card. Included in the amendment was the correction of the word initiative to referendum in Section 49. Motion seconded by Councilor Hawkins and carried by the following vote. 848 Item 8c, cont 'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Motion carried to pass Council Bill 78 as amended by the following vote. Ayes: Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: Mayor Lam Item 8d ORDINANCE NO. 29-95 ORDINANCE APPROPRIATING FUNDS FROM THE HOTEL/MOTEL FUND TO BE USED BY VISION 100 FOR THE RED RIVER FOLKLIFE FESTIVAL AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR USE OF THESE FUNDS Moved by Councilor Martin that Ordinance No. 29-95 be passed. Motion seconded by Councilor Mallonee. Mr. Gene Newton, 3603 Glenwood, explained that Council had been asked to do something that they normally do not do. This is a one time request for help to get us over the hump. We are helping the Community do something which has never been done before. This is a cultural celebration in the eastern part of the City. Mayor emphasized to Mr. Newton that this is a one time request and that they will need to obtain financing from other sources in the future. Mr. Newton agreed. Councilor Hawkins was concerned that the Arts Commission had already met and dispersed the money and now the Council was doing their job by allocating additional money. He suggested that the money be channeled through the Arts Commission. City Manager commented that one provision in the hotel/motel fund is that the Council can appropriate funds if there is a significant event or some reason to sponsor tourism growth. This is one event which I think you should consider by itself. Do not box yourself in where everytime someone asks you for money, you have to run it through some review agency. You should keep the independence of the fund right here. Councilor Hawkins said he was not against this group, however, he as the Chair of that Committee needed to look at how these funds are being allocated and where the money goes and if it meets the necessary criteria. Mr. Newton replied that this event is regional in nature. Moved by Councilor Martin that Ordinance No. 29-95 be amended to appropriate $5, 000 for the Red River Folklife Festival to Vision 100 on a one time basis. Motion seconded by Councilor Loughry and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None 849 Item 8d, cont'd._ Motion that Ordinance No. 29-95 be passed, as amended, carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Councilor Daniel reiterated that this funding was a one time apportionment. Item 8e ORDINANCE NO. 30-95 ORDINANCE MAKING AN APPROPRIATION FOR THE REFUND OF MONIES TO WICHITA FALLS ASSOCIATES IN CARE OF ROBERT KEENEY FOR THE K-MART PROPERTY ON SOUTHWEST PARKWAY Moved by Councilor Mallonee that Ordinance No. 30-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Item 8f ORDINANCE NO. 31-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF OLD JACKSBORO HWY. , ADJACENT TO THE WEST LINE OF LOTS 1 & 2, BLOCK 43 , CHEYENNE ADDITION Moved by Councilor Martin that Ordinance No. 31-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Item 8g ORDINANCE NO. 32-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF DITTO LANE, ADJACENT TO THE EAST LINE OF LOTS 1 & 2, BLOCK 43 , CHEYENNE ADDITION Moved by Councilor Martin that Ordinance No. 32-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None 850 Item 8h ORDINANCE NO. 33-95 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTHEAST SIDE OF KELL BLVD. (EAST BOUND) ADJACENT TO THE NORTHWEST LINE OF THE LOT AT 2113 KELL BLVD. (EAST BOUND) Moved by Councilor Martin that Ordinance No. 33-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Item 8i ORDINANCE NO. 34-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF OLD BURK HWY. , ADJACENT TO THE WEST LINE AND THE WEST SIDE OF BURKBURNETT ROAD ADJACENT TO THE EAST LINE OF EXISTING BLOCK 4, UNIT II AND PROPOSED BLOCK 5, UNIT II OF THE ARROWHEAD INDUSTRIAL DISTRICT Moved by Councilor Mallonee that Ordinance No. 34-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None - ORDINANCE NO. 35-95 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF OLD BURK HWY. ADJACENT TO THE WEST LINE AND WEST SIDE OF BURKBURNETT ROAD ADJACENT TO THE EAST LINE OF EXISTING BLOCK 4, UNIT II AND PROPOSED BLOCK 5, UNIT II OF THE ARROWHEAD INDUSTRIAL DISTRICT Moved by Councilor Hawkins that Ordinance No. 35-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Item 9a This item was tabled upon request by those submitting it. Item 9b RESOLUTION NO. 47-95 RESOLUTION APPROVING THE REFUND OF MONIES TO WICHITA FALLS ASSOCIATES FOR SETTLEMENT IN A LAWSUIT 851 Item 9b, cont'd_. Moved by Councilor Martin that Resolution NO. 47-95 be passed. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Item 10a Paul Jaco, 2927 Featherston, recommended that an ordinance be brought forth stating that the medical community provide medical care to children under the age of 18 without regard to financial status. Mayor commented that he did not know if that fell under the City' s purview. He questioned if that was a City' s ability and right to force that on the medical community. City Attorney stated that was a valid concern and he did not know if that would be within the City' s home rule power. He will research that and see if the City has any authority to regulate in that area. Mayor suggested to Mr. Jaco that he do whatever he wants to and that he possibly seek separate legal counsel to see if that falls within charter ability of the City. Giola Ozuna, 2938 Elliott, complemented the Council for a job well done. Bob York, 3201 Hollywood, President of Professional Firefighters Association, said they were seeking a pay referendum election., as a last resort. He handed the Council a packet with a fact sheet on pay scales and Local Government Code information. Over the past ten years their department has been one of the lowest paid in the State. He said that they have already begun circulating their petition. He pointed out the committee of petitioners and said that they would be happy to negotiate a proposal that would help all the City employees. Item 10b Councilor Hawkins mentioned the possibility of putting together a committee of citizens to look at the criteria of bases which have been closed and the criteria of bases selected to remain open. Mayor informed Councilor Hawkins that BCI already has such a committee in place. Councilor Hawkins wanted to know if we had input other than our general membership. Councilor Hawkins mentioned House Bill 1158 which deals with unfunded mandates. He also asked Staff to look into repairs of the bridge on Covington Street and the street itself. Councilor Martin commented that from the information received at the National League of Cities Conference, the City budget is going to have to be more lean. Regarding unfunded mandates there appears to be no relief now or in the near future. He suggested that legislators be contacted on this issue. Councilor Loughry apologized for being late. Mayor Lam directed Staff to look into the structure at 4723 Cape Cod which was burned several years ago, and to review its status. If there is no progress and it needs to be torn down, Mayor directed staff to put it on the next agenda for any needed changes by Council. 852 Item 10b, cont 'd. Mayor informed that the Council had lost a good friend in Wayne Tarkington. He was a faithful observer of this Council and he also served us well in the Silver Hair Legislation. Our hearts and prayers go out to his family. We will miss Wayne. Item 10c There were no reports. The City Council adjourned at 10: 57 a.m. PASSED AND APPROVED this day of a 1995. i t Michael Lam, Mayor ATTEST: 1� 1 a kul �b Lydi Torres Cit Clerk