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Min 02/07/1995 781 Wichita Falls,Texas Memorial Auditorium Building February 7, 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 Angus Thompson - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Gregory Humbach - City Attorney Jan Stricklin - Acting City Clerk Bill Daniel - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. Garth Wilcoxson, Beverly Drive United Methodist Church. Item 3 Mayor Lam presented a proclamation to Gregory Stockton, North Texas Restaurant Association, and Jack Mezzo, American Red Cross, declaring Tuesday, February 7, 1995 as Taste of the Town, Wichita Falls, and congratulating the restauranteers for their fine service to the community. Item 4 Moved by Councilor Thompson that the minutes of the January 17 , 1995 meeting be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Items 5a - 8h Moved by Councilor Mallonee that the consent agenda with the deletion of Items 5b and 6a be approved. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None 782 Item 5a RESOLUTION NO. 16-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS CALLING FOR A REGULAR CITY ELECTION ON MAY 6, 1995; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 5c RESOLUTION NO. 18-95 RESOLUTION AUTHORIZING CONTRACT WITH NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION FOR ATHLETIC LEAGUE SERVICES. Item 7a RESOLUTION NO. 19-95 RESOLUTION TO ACCEPT THE 1994 ALLEY REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO SELMON ENTERPRISES Item 8 Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning Commission, January 11, 1995 b. Board of Electrical Examiners, January 12, 1995 c. Tax Increment Financing Board, January 12 , 1995 d. Board of Adjustment, January 20, 1995 e. Water Resources Commission, January 6, 1995 f. Wichita Falls Park Board, January 26, 1995 g. Firefighters and Police Officers Civil Service Commission, January 30, 1995 h. Wichita Falls Traffic Safety Commission, January 4, 1995 Item 5b Moved from consent agenda by Councilor Martin. RESOLUTION NO. 17-95 RESOLUTION TO ENTER CONTRACT WITH JOHN B. GLOVER, P.E. FOR ENGINEERING/ARCHITECTURAL SERVICES RELATED TO MODIFICATION OF FIRE STATION NO. 2 Moved by Councilor Hawkins that Resolution No. 17-95 be passed. Motion seconded by Councilor Thompson. Councilor Martin inquired if the contractual fee will be close to the amount stated since in the last contract we had to bite the bullet for a higher than contract fee. Mr. Bonnett commented that this is the figure they believe it will be and it is the budgeted amount, although there are no guarantees; it is an estimate. This estimate is without the design. The estimate would be more realistic with the design. Councilor Martin inquired if we could put in our bids anything that exceeds ten percent of the estimated amount that the contractor would have to bite the bullet and pay for it. Mr. Bonnett expressed that he didn' t believe we could ever get an architect to take a job like that. Generally, engineers tend to over estimate and architects tend to under estimate, that ' s been a pattern that he has seen over the last thirty years. 783 Item 5b, cont 'd. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6a Moved from consent agenda by Councilor Martin. The bid for sixteen police scan radios and chargers was awarded to Ericsson, Inc. Moved by Councilor Martin that bid be awarded. Motion seconded by Councilor Hawkins. Councilor Martin inquired if these radios have the capability to communicate with other units. Chief Harrelson stated they are not and these will go into the regular fleet. Councilor Martin asked if we have enough of the radios that are incrypted. Chief Harrelson said that we have enough for specialized units and have not had requests from other areas for this type of equipment and that we will be upgrading radios and equipment in our future. Councilor Martin stated that we need to put in the hands of our policemen the kinds of equipment that they need to fight the crime out there. We have gone for every kind of computer equipment in house but don' t think we are giving our officers the kind of equipment they need out there. In the future we need to get the sophisticated equipment they need. Councilor Martin called for the question and the motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9a A proposed ordinance was presented adding Article III to Chapter 17 of the Code of ordinances to provide rules, regulations and policies for the collection and removal of recyclable materials within the city. Moved by Councilor Thompson that proposed ordinance be passed. Motion seconded by Councilor Loughry. Jim Shur, Bell Processing, 1326 Burk Road, stated we have worked with Mr. Bonnett on this ordinance and we think it is a very good ordinance. We are happy to see Wichita Falls is getting into recyclables. We have a couple of items of concern about the ordinance where it talks about aluminum, ferrous metals, glass and tin. We think what we are talking about in this ordinance is recycling items that are not being recycled at the City at the same time. Bell Processing has had containers 784 Item 9a, cont'd. out for ferrous metals for some forty five years, as long as we have been in business. What is going to be licensed and what is not. We would be of the opinion that the only thing that should be licensed right now is recyclables that are not being recycled currently in the City of Wichita Falls and that includes newspapers and plastics because some of these items people have been recycling for forty or fifty years. Mayor Lam stated that we do not need to get too many people competing and the City does not need to compete with private industry that is doing a good job in this matter. Mr. Bonnett stated that his recommendation is to cast the net as wide as possible. This ordinance is established to encourage recycling. He encouraged the Council to not limit the things recycled or it would limit the competition by the private sector. He stated that he believed Mr. Shur' s concern was that the recycling that Bell Processing currently performing for industry not be disturbed and he believes that can be handled by grandfathering. A grandfathering which would not tax or license with a fee involved with containers they already have set with industry. I believe that can be grandfathered. What he thinks we have to be careful of is establishing an ordinance that discourages competition. Mr. Shur agrees that grandfathering would assist with their concerns. Councilor Martin suggested the City Attorney and George Bonnett come up with some clarifying language for grandfathering to incorporate in this ordinance. Mr. Humbach stated that some language does need to be added to this ordinance and they be instructed to bring it back to the Council at the next meeting as an amendment to this ordinance. Mayor Lam introduced a motion to table the ordinance until a grandfather clause and other things be worked out, understanding that we keep the definitions broad enough to encourage the community and others to recycle. Mr. Berzina asked the Council to address the cost per container and the number of containers allowed under this program. Councilor Mallonee stated that he would be out at next Council meeting and would like to discuss that today. He said they had discussed a $10. 00 to $20. 00 charge per container and limiting it to 100 containers. Mr. Shur said as far as a $20. 00 fee that they felt a $1. 00 fee would be more pliable and that they do not want to get too involved in making money off recycling because they are trying to encourage everyone in recycling. The number they have in mind is not limiting it only to 100 containers, they recognize for orderliness that it needs to be a small number but 100 is too few. Also, he said the $2000. 00 surety bond to make sure it is clean. Councilor Hawkins said he sees both sides and we need to start out with small numbers of containers but have the flexibility to move the numbers as needed with change. He said he doesn' t want to give Bell a complete lock on this program and allow them to continue being competitive. Mr. Bonnett said he sees the price and numbers as a balance and uncertain what the fee and limit should be and thinks we should just try. Councilor Thompson replied that he thinks we should just charge $15.00 to $20. 00 per container with no limit on the number of containers and then lower the price as needed. 785 Item 9a, cont 'd. Mr. Bonnett agreed this would be a good approach and that way it would limit the number. He sees it as a balance. Councilor Hawkins suggested that we license a location for $20. 00 rather than containers which would allow the provider a little profit. We must keep in mind the tipping fee that it is costing the City and the people. We would have a better control on where the containers are by this method. Councilor Loughry remarked that he agrees with Mr. Hawkins, and our goal is to reduce the amount of trash going into the landfill not how many dumpsters that are sitting around town or the price charged per dumpster. We have a contract and a bond to keep them clean. Mr. Bonnett stated that cleanliness is an ongoing problem and would caution that they can become unsightly. He said there are only three reasons to have any regulations; one is aesthetics, the second is to be sure you get clean up if the bottom falls out of the market, and the third is to ensure we do not unnecessarily penalize the rate payors with diversion of commercial collection. Mr. Shur wants one license per location rather than containers, otherwise it will not be profitable. Councilor Hawkins recommends per site fee. Councilor Mallonee encouraged Mr. Bonnett to fill in the blanks on these issues and bring it back to the Council. Councilor Martin asked that the bond and the company file a comprehensive general liability insurance which would protect for property damage and public liability section. Giola Ozuna, 2930 Elliot, stated there are needles in dumpsters and the police officers did not respond quickly but finally picked up a half gallon of needles. She also stated the chemicals in those dumpsters are ungodly and wants to know what is going to be done about them. She states she knows more than anyone what is in those dumpsters. Motion to table the ordinance was carried as follows. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9b ORDINANCE NO. 7-95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATIONS FROM THE TAX INCREMENT FINANCING (TIF) FUNDS IN THE AMOUNT OF $5,000 TO BSP PROPERTIES, L.C. FOR EXTERIOR IMPROVEMENTS AT 1005 NINTH STREET (ELKS HOME BUILDING) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 7-95 be passed. Motion seconded 'by Councilor Thompson. Mr. Dave Clark commented that there are three ordinances on the agenda for allocation of funds under the Tax Increment Funding, and that agency representatives are present and available to answer questions, if needed. Also, there is one ordinance recommended by the agency that is not presented today 786 Item 9b, cont'd. because the corporate entity has not been established for that entity; furthermore, there was discussion brought before the board about expansion of the district. Roby Christi is here today to discuss this with you. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9c ORDINANCE NO. 8-95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATIONS FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT OF $300, 000 TO THE WICHITA FALLS/WICHITA COUNTY MULTI- PURPOSE EVENTS CENTER FOR LANDSCAPING AND EXTERIOR ENHANCEMENTS AT 111 NORTH BURNETT AND 1000 FIFTH STREET (MPEC - NORTH AND SOUTH SITES) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 8-95 be passed. Motion seconded by Councilor Mallonee. Councilor Hawkins asked how we were coming along on the bridge. Kay Yeager, 211 Avondale, said we haven' t quite frankly, had time to look at the bridge in about three months. Looking at all the details with the state and plan to try and have it moved and completed at the same time the exhibit hall is opened, a year from now. That is the most asked question, right now. What is the status of the bridge. Councilor Hawkins commented that a number of people have contacted him and think that will be a real asset. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9d ORDINANCE NO. 9-95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATIONS FROM THE TAX INCREMENT FINANCING (TIF) FUNDS IN THE AMOUNT OF $3 , 000 TO J. & E. A. TRUST FOR EXTERIOR ENHANCEMENTS AT 1600 NINTH STREET (GUFFEY BUILDING) ; 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. 9-95 be passed. Motion seconded by Councilor Mallonee. Councilor Hawkins asked if this is the same building where we end up selling off part of our City property, our sidewalks are all for their parking. He asked is it the same curb and gutter that now they are coming to us to repair. 787 Item 9d, cont'd. Mr. Berzina responded in the affirmative. Councilor Hawkins stated in that case he is going to vote no. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, and Martin Nays: Councilor Hawkins Roby Christi, 3309 Cumberland, stated that at the time the district was established Berend' s Landing and a grain elevator company with a country store was cut out of the district and at the time that made sense. Since that time that property has changed hands and is owned by Streams and Valleys which has invested about a half million dollars in river development and that investment deals with the Wichita sculpture. We believe that by defining the river development zone from Lucy Park to O'Reilly Park it gives a clear view to everybody the task at hand, that is to develop that land from point A to point B. Berend Brothers property has a store, corporate offices, some non-functioning grain elevators and two pretty good size warehouses. The corporate offices have been changed over to the home of the Midwestern Bicycling team and used as a dorm. We make no money from this. The main reason we believe the property should be considered part of the TIF is because it meets the basic criteria of the TIF. The land is valued at $192, 000, and we believe that in time it will have a greater value than that. We are going to offer the country store and warehouses for development. The store has an interested party now. Two restaurant companies are interested in occupying the two warehouses behind the store. So the property is right for development and by including it in the TIF it won't make any difference whatsoever to the current tax base to Wichita Falls or the taxing entities and if the property increases in value, the property and that portion will go into TIF. Some of the arguments used were: we don' t need to loose anymore from the Wichita tax base, it won' t be lost; we can' t get offers to develop unless they can compete for the funds in the Tax Increment Funding. He realizes that today we spent it all but we have another five years in the life of the district. $5,000 to a company to open a restaurant would put the deck in or landscape the river front so that people using the restaurant on the Southside would have something more to look at, at least. The TIF was developed for entrepreneurs to compete for those dollars to develop businesses that are not now in existence. Clearly Streams and Valleys has invested a lot of money to provide this opportunity. We think the Tax Increment Finance District needs to vote to allow that land to be within that district and let the cards fall where they will on whether or not any of the companies that plan to open their business have a chance to compete. This was a close vote and it was 3 to 2 and the board' s recommendation is just that, a recommendation, and the Council calls the shots. The board' s recommendations were unduly influenced by the fact that the notion was this would take tax base out of the City was misunderstood. This won' t remove it from the City tax base, it will simply remove the increase in value from the City tax base for five years . This is a win-win situation. Mr. Berzina said that the board was not confused by the notion that it would lower the tax base. The district is large enough right now. They fully understood it does not lower the tax base but it keeps the two entities, City and School, particularly the School who is paying in the large majority of the money in this fund and sees no way of benefiting from that unless the district raises its value for the school gets more money from the tax base. They understand the tax base stays the 788 Item 9d, cont 'd. same. They also fully understand, as he does, its impact on general fund budgets and school budgets if we keep siphoning off areas that prosper and enhance to take that money and put in the TIF fund. Then the two entities that primarily support the TIF fund lose in the process. There is great concern about that. There are also other requests coming in from other areas now that the TIF is generating money, they want to come in and ask for the funds. This is eroding the tax base growth not the tax base. He agrees with a lot of what Mr. Christi said about opening the area to O'Reilly and that is why we spent $600,000 to run the trail. There is a recognition to these things but also a strong statement is being said that at some point the district is big enough and the overall funding entities that are deferring monies from their own budgets have to start seeing some benefit. That is what he thinks the City representatives and the School representatives are saying. Mr. Christi replied the high side of this question is that business men will have an opportunity to add to the Tax Increment Finance District, and the low side for the City is that they will fail and the added value won' t go into the tax base. Mr. Berzina stated that it was created ro turn the district around so the governmental agencies, and the county is included in this as well, could see a growth in their taxable tax base and not just segmenting funds that could be used in a small district. That was the debate or discussion at this meeting. Mr. Christi remarked that for quite some time Mr. Thompson has been concerned about economic development on the East side and Berend' s Landing probably offers the strongest opportunity for business of any on the East side for growth. Being adjacent to the river district, it is that little spark of opportunity that doesn' t exist now. If we can make Berend' s Landing grow by very small amounts of seed money then the property value along Eastside Drive and the businesses will prosper. The value will go up for the tax base. Mr. Berzina stated this could be debated on and on. Councilor Martin asked if TIF was created when we had the mass exodus downtown and the Council has the flexibility of taking any blighted area and put it into the zone. Mr. Clark stated there is a state directed procedure to do this. Councilor Loughry stated that since he has been on the Council he could remember only two things TIF funds were used for, Walgreen' s building and the Railroad Museum, and now we have dropped $300, 000 into MPEC. Mr. Clark said he has had additional people asking for funds and others asking to create additional zones. Mayor Lam asked at the present tax rate that fund grows how much annually? Mr. Clark replied $110, 000 a year. Item 9e ORDINANCE NO. 10-95 ORDINANCE APPROPRIATING FUNDS FROM GENERAL FUND EQUITY TO RELOCATE A STORM SEWER AROUND THE EXHIBIT HALL OF THE MPEC PROJECT Moved by Councilor Thompson that Ordinance No. 10-95 be passed. 789 Item 9e, cont 'd. Motion seconded by Councilor Mallonee. Councilor Loughry commented that we are g y putting in $235, 000 and we just put another $300,000 in the MPEC and he does not see this to be fair to the people who voted on the MPEC. They voted for 25 million and we are slowly adding to this. He asked why we don' t take it out of their fund. The Council sat here the other day discussing the half-cent sales tax to do little projects in our districts and we stated we have no money, but all of a sudden we can take $235, 000 out of general fund. He said it sends a bad message to him. Mr. Berzina said the whole project is storm sewer relocation. We have had collapse on that line up near the Pistocco dealership. We have actually had the line fall through the street. The long length of line is in terrible shape and this doesn' t even cover the whole length of line. Some projects you can put on a capital improvements sheet and others if they fail, you are going to have to do them. This is one of those projects. We think conservatively within three to five years the City would have had to replace this line. In fact, we are not done with this line; we will probably have to move it further south and relocate it in the future entirely at the City' s expense and won' t have a partner such as MPEC to share the cost with us. MPEC asked since the line had to be replaced would the City do a cost sharing with them. They had to relocate because of the exhibit hall building otherwise they would not be interested in this project. The lawsuits and time delays seemed like a good deal. During this last budget we indicated to you that we had $800, 000 that could be used for projects like this and $500, 000 for our computer system change out but not the capital list you put before the voters. A project we wholeheartedly recommend. Councilor Mallonee said dollars are coming out of the MPEC fund also. Councilor Martin and Councilor Mallonee concurred this is a good deal. Councilor Loughry remarked it is good deal, it is just over the 25 million. Mr. Berzina remarked that he would hope that in the future hotel-motel tax be used to add to and improve the center. Councilor Hawkins said he is often asked how much money are we spending over there and we have exceeded on the purchase of the land and retrofitted a fire system. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 20-95 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION TO PURCHASE TWO TRANSIT VEHICLES AND A GARAGE EXHAUST SYSTEM, TO FUND PLANNING ACTIVITIES, AND TO FUND OPERATING ASSISTANCE THROUGH SEPTEMBER 30, 1995; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 20-95 be passed. 790 Item 10a, cont'd. Motion seconded by Councilor Mallonee. Councilor Hawkins asked if this was an increase or decrease or the same from last year, a positive move. Bob Parker replied that it is an increase in capital over last year because of two buses and exhaust system. Council Hawkins asked if these would free up the trollies so we don' t wear them out hauling passengers back and forth from Sheppard. Mr. Parker commented that we must use all the buses for hauling passengers and that these will replace two 1982 models and two of the small Fords from the grant. Mrs. Ozuna asked how much money is it? Councilor Hawkins replied it is $606,759 . Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10b RESOLUTION NO. 21-95 RESOLUTION CHANGING NAME OF KIWANIS PARK TO UNIVERSITY KIWANIS PARK. Moved by Councilor Thompson that Resolution No. 21-95 be passed. Motion seconded by Councilor Mallonee. Councilor Mallonee commented that the name is being changed because the University Kiwanians is the only one financially supporting this park. The other Kiwanis Club funded us to become a club and wants us to get the recognition. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10c RESOLUTION NO. 22-95 RESOLUTION AUTHORIZING THE APPLICATION TO THE TEXAS FOREST SERVICE FOR A MATCH TREE GRANT Moved by Councilor Thompson that Resolution No. 22-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None 791 Item 10d RESOLUTION NO. 23-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO APPLY FOR SIXTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; 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. 23-95 be passed. Motion seconded by Councilor Martin. Police Sergeant Jerry Riley thanked the City Council for the letters they wrote to Washington for funding for the North Texas Regional Drug Enforcement Task Force. We are half way through our current grant year and have made over 100 arrests with $1,400, 000 in drug seizures. Since the beginning of the task force in 1990 we have made 675 arrests and seized over 8 million dollars in drugs. We are not asking for a pledge from any of our member entities. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10e RESOLUTION NO. 24-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS GRANTING AN EASEMENT AND RIGHT- OF-WAY TO TU ELECTRIC COMPANY TO PROVIDE ELECTRICAL SERVICE TO THE RV PARK AT THE MPEC; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 24-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 11a RESOLUTION NO. 25-95 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH W.W. MANUFACTURING COMPANY, INC. FOR THE LIVESTOCK MANAGEMENT SYSTEM OF THE AGRICULTURAL COMPLEX OF THE MULTI-PURPOSE EVENTS CENTER COMPLEX Moved by Councilor Martin that Resolution No. 25-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None 792 Item 12a Dr. Joe Miller, Lake Kickapoo, requested that a reconsideration of re-leasing of lake lots going back to the City be put on the agenda. His request is two-fold. One, the re-leasing of lake lots, and the other is that the City be held to the same standard for lots that are going back to the City as the City holds the residents. He says that simply isn' t being done. The City would not allow lots in the City to go back to nature as is happening at Lake Kickapoo. He requested that he and Mr. Bill Thacker be notified of the meeting so they could be present. Mayor Lam said the Lake Lot Committee did a good job of recommendations and asked if the Council had taken a public vote on the issue. Mr. Berzina said the Council in previous meetings instructed staff that they did not wish to release the lots and discussed hiring a lake administrator. We are in the process of hiring that administrator. We do not wish to swell the numbers around the lake. Mayor Lam, Councilor Hawkins, and Councilor Loughry asked it to be placed on the agenda for thirty days from now. Mayor Lam asked the committee to reform and draft what you need to be brought to the Council. Mr. Berzina said it will be the first meeting in March. Giola Ozuna, 2938 Elliot, stated she wished to regress to the dumpster deal and invited every one to go out and walk every addition out there and see the problems in the dumpsters. We need a better recycling program around the schools. Chemicals are not safe for our water. Allen Palmatary, 5800 Summit Drive, stated that you people think your staff is fine and everything is lovely. You basically told me that I didn' t know what I was talking about. Now, Mr. Mayor, we wanted an ordinance with change and you told the staff to redo the ordinance. You have affected everyone in the automobile industry. He said he was upset with this. The police are not telling the citizens that they can get any wrecker service they wish. It needs to be put in the law that the police officers must tell the citizens that they have a choice of wrecker service or use the contract wrecker. Chief Harrelson said he can document that the officers have been instructed that the citizens be allowed to get a wrecker service of their request. He has only had two complaints since the ordinance took effect. Mr. Palmatary wants policy be put in the ordinance. Mayor Lam said to his knowledge they never promised that policy would be put in the ordinance. Mr. Palmatary said they just do what ever they want to do. Councilor Hawkins told Mr. Palmatary to get complaints from his customers and give them to him and they will be looked into by someone for correction. Dave Gilmore, Gilmore' s Body Shop, said I have a complaint that I have not told anyone about. One was our wrecker was requested and they tried to talk them out of it and the other was a police officer said the person had to use the contract wrecker. Another police officer came by and corrected this. 793 I Item 12a, cont'd. Mayor Lam said we have some problems and we should have our police officers asking if they have a preference but they do not have to have a list of wreckers. The Police Chief will instruct them to conduct their business in this manner. We are not working in conflict with our ordinance. Mr. Berzina said we will have another briefing with our people and let them know they need to ask if the citizen has a wrecker service preference. Carlson Stewart, owner of Big Daddy' s Wrecker Service, stated that Mr. Jerry Simpson denied him the right to be on the rotation list. You have fifty-two wreckers not licensed correctly according to state law. You are telling the citizens of Wichita Falls what wrecker service they have to use. I have documentation of the complaint. I have provided you with copies. I was not allowed to tow a little blue Ford. Donny' s Wrecker Service, your contractor, showed up on the scene and towed a vehicle that he damaged the spoiler of this vehicle. He had several questions he wanted answers to: who qualified the bid, who inspected the vehicles being used under the contract, and what the results were. He would like to have a list of wreckers under the contract and their GVW rating at the start of the contract, a current listing of the wreckers, sub- contractors, year models, and GVW ratings of their vehicles. Also, he wants to know if a letter has been sent to the contractor when he was more than thirty minutes late getting to the scene and what the results were, and the contractor is suppose to clean up at the scene of an accident and he knows it isn' t being done; he wants to know if a letter has been sent and what the results were. Do you enforce the laws of the State of Texas within the city limits and if you do, what are you doing about the illegal wreckers running around without a tow tag? Why is action not being taken against them? Would like some answers to these questions. Mayor Lam asked the Chief to get with him and answer his questions. Chief Harrelson stated he would visit him and answer his questions as best as possible. Item 12b Councilor Thompson encouraged the Council to approve Mr. Christi ' s recommendation that Berend' s Landing be included in the existing TIF zone. Also to consider a tax abatement district for residential housing to stimulate building and business on the Eastside. He said we need to put together some tools for rebuilding. He has talked to some banks but in order for them to assist they must have something that is marketable. The banks would be willing to finance housing if they had something to build on. Councilor Thompson said he has talked about this for two years with Dave Clark and wants to know how to get this going. Mr. Clark said he can prepare documents for Council to review. Mr. Berzina stated that he is encouraged by some of the remedies that Steve Seese and Mr. Clark have come up with such as Homestead Program in which the City has worked hard with Councilor Thompson and the lending community for this. There are programs where the City has donated property. The point that he is raising is what you are suggesting is abating taxes for residential and the question is it possible for more than commercial property. We will examine this issue. 794 Item 12b, cont'd. Councilor Hawkins stated the Mayors Commission on the Status of Women was critical of us in a report for not putting enough women on the various boards and commissions. Today we are once again going to take a look at putting someone on the Zoning Board of Adjustment and Appeal, the most important committee in our entire City and we do not have a single applicant, female or male. That is the problem as Councilors that we face. If we do not have applicants we can not appoint them. We need help from the citizens. He also thanked the State of Texas for pouring a side walk on the Northside between the two pizza places for the women and children to walk on and he said if we could just get them to go on with a little more sidewalk. He also stated he would like some of the TIF funds spent on these sidewalks instead of all on the MPEC Center. Item 12c Councilor Martin reported that the tour of the MPEC Center was an eye opening of why we need such a center, but he was alarmed at the size of the water meter. He asked Mr. Bonnett why we need such a large meter. Mr. Bonnett said he would have to check. It might be a dual meter for fire flow and sprinkler system. Councilor Martin: Mr. Mayor, Council and the public, I feel very fortunate to represent the City on the Council of Governments, Nortex Planning Region which includes the Texas Region of Councils and National Region of Councils. He has just returned from Washington, D.C. where he attended the National Region of Councils, and he stated that we have some alarming things coming down to us under the new administration. Number one is that the the unfunded mandate bill has been passed. That is great, but we still do not know all the restrictions included in this bill. It, also, has not done a thing to relieve the communities in Texas with the mandates on line now or that are coming down to us between now and the year 2000. The unfunded mandates are really hurting the states. He asked the representative from Mississippi, who was bragging about the bill, what about the unfunded mandates that we are facing now. The Mississippi representative said they were thinking about giving a ninety day reprieve until we can adopt some policy guidelines. The battle of the unfunded mandates is not over. He asked the public to continue writing to their representatives about the current mandates that are breaking our backs. The representative from Mississippi talked about the greatness of the Clean Water Act. Councilor Martin pointed out to him that this Act is one-sock-fits-all and that West Texas does not have the same problem and does not need the same restrictions. They are going to try to give some flexibility, so we on the local level would have some input about the restrictions placed on us. He stated the storm water runoff is going to cost us untold amounts of money and that it may cost us $600, 000 just for the permit. Mr. Bonnett stated it may cost us closer to a million dollars just for phase one. Councilor Martin replied we are not through with unfunded mandates. He asked the public to please write their representatives. He said they then spoke of the block grants program. They plan to give these grants to the states to work with and disburse as they see fit and all other grants to be handled by the State, which would remove local level control. This is another problem with our welfare system, which will increase crime causing more problems for our police officers. He stated that he is so happy the City of Wichita Falls did not join in the Crime Bill, because after three years the City would be left with all the capital cost of police cars, additional 795 Item 12c, cont'd. police officers and equipment from there on, just another unfunded mandate. Councilor Loughry stated recently there was an article in the newspaper that Holiday Creek was about to be completed, and he wanted to know when we would start the Lake Diversion project. He stated we should be putting plans together and lined up, since the creek will be finished soon, and start cleaning out the channel. Mr. Bonnett commented that we have been planning for some time now. Mr. Berzina stated that you may get questions about when we will put water in it. We are watching it judiciously for when the contractor is out of there. Then we can use that channel to maintain the water level. Mr. Loughry stated that he had several calls about signs when people were going to the MPEC Center for the pancake feed and horse show. He said when you come down Broad and 8th if you look on the post it is about 30 foot in the air pointing down. He said it is a little bit late when you see that sign and they missed that exit. There are no signs at Scotland Park for that exit and they were wondering why. Also, why we routed them through the residential area over there off Broad, Scott Street and Iowa Park Road, back in there. Also, a question raised when you come across Barnett Street bridge. The bridge is about 30 or 40 feet wide and the street is only 25 feet wide. We brought the curb right out to the edge of the street. If you are trying to look where you are going and not watching the road you can run into the curb. They are wondering why we put the curb out like that. He is the liaison on the Traffic Safety Commission, and yesterday in Austin there was a bill to stop children from riding in the back of pickup trucks. The Commission would like the Council to pass a resolution in support of this bill. He has data on citations and injuries that he wishes to share with the Council. He will give it to Mr. Humbach for him to put the resolution together for the Council. Mayor Lam said several of the Council members and the City Manager went to Austin yesterday and had lunch with State Senator and Representatives and had a Texas Municipal League update on what is going on at the state level. Texas Municipal League is being very supportive and in fact already has bills introduced with regards to the unfunded mandates. That is the number one priority with TML this year, and several very powerful and good bills are going to the Texas National Resource Board directing them to do certain things which hopefully will make life a little easier for municipalities . There are also many other bills that are being sponsored and endorsed by TML that benefit our community. We are glad they are in support. Our senator and representative are very supportive and certainly this Council carried the message to Austin for us. We had a good turn out, good trip and were glad to meet with them. Councilor Hawkins stated that he had been contacted by a voluntary fire department asking if they could get water on the edge of town when they have a fire to fight. Is there a possibility of their getting a key. Mr. Bonnett stated that was in place now and inquired if Councilor Hawkins was dealing with the chief or one of the volunteers. He suggested maybe the volunteer is not aware of the arrangement. He asked for the department to contact his office. 796 Item 12d City Council recessed for 10 minutes at 11 : 10 a.m. and went into Executive Session at 11 : 48 a.m. as authorized by Section 551 . 074 of the Government Code. The Council reconvened at 11 : 50 a.m. Item 12e Moved by Councilor Thompson to reappoint to the Board of adjustment Mr. Tom Hill with term to expire 12/31/96 , and to appoint Mr. Charles Peters with term to expire 12/31/95, and to appoint Ms. Jane Hermann with term to expire 12/31/95. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 12f Moved by Councilor Thompson to reappoint to the Wichita Appraisal District - Appraisal Review Board Mr. Robert Schlieder and Mr. Bobby Schaaf. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 12g Moved by Councilor Thompson to appoint to the Airport Board of Adjustment (appointed by the County) Mr. Preston Giles and Mr. David Mitchell. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Mayor Lam asked Jan Stricklin to announce that we would be running a complete listing of vacancies of boards and commissions and get it put on the cable listing. 797 The City Council adjourned at 11 : 55 a.m. I 1995. PASSED AND APPROVED this �/I,� day of ' �� �������� Michael Lam, Mayor ATTE Ja ftfr!Min ing City Clerk