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Min 11/01/1994 707 Wichita Falls,Texas Memorial Auditorium Building November 1, 1994 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 Terrance E. Loughry - Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Angus Thompson - Absent Mayor Lam called the meeting to order. Invocation was given by Rev. Bill Jackson, Victory Baptist Church. Item 3a Loyd Travis Alexander, Building Inspection, was honored as Employee of the Month. Mayor Lam presented him with a plaque, City pin, theatre and transit tickets, dinner for two, and a check. Mayor Lam proclaimed the month of November as "Veterans Poppy Sales Month" - American Legion Post No. 169. Item 4 Moved by Councilor Hawkins that the minutes of the October 18, 1994 meeting be approved. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins. Nays: None Items 5a-6f Councilor Martin asked that Item 6a be brought down to the regular agenda. Moved by Councilor Hawkins that the consent agenda be approved with the deletion of Item 6a. Motion seconded by Councilor Mallonee and carried by the following vote. 708 Item 5a-6f, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins Nays: None Item 5a RESOLUTION NO. 170-94 RESOLUTION TO ACCEPT NORTHSIDE SANITARY SEWER TRUNK MAIN, PHASE II PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Item 6b-6f Minutes of the meetings of the following boards and commissions were received. b. Library Advisory Board, September 27, 1994 c. Water Resource Commission, October 7, 1994 d. Wichita Falls Arts Commission, October 18, 1994 e. Planning and Zoning Commission, October 12, 1994 f. Board of Electrical Examiners, October 13 , 1994 Item 6a Moved by Councilor Martin that the minutes of the Airport Zoning Board September 16, 1994 meeting be received. Motion seconded by Councilor Mallonee. Councilor Martin clarified that when there is a violation of a City Ordinance the City does have the authority to enforce it. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins. Nays: None Item 7a A Public Hearing was held on Vista Cablevision' s basic cable service rates. Mayor informed that the City with a citizens committee had been in negotiations with Vista Cablevision for many months and this process involves public hearings. City Attorney gave the following background. The first part of this year Council approved basic service rates filed by Vista Cable . Since then FCC has amended its rules which requires additional filing for local jurisdictions and they have amended their forms. In compliance with FCC regulations, Vista did file those forms in August with the City, requesting approval once again of their basic service rates. Council will take final action on this rate filing at the next Council meeting. The purpose of today' s hearing is to give the public an opportunity to comment on the filing forms. Mr. Bert Bucher, Vista Cablevision, 4225 Seymour Road, stated that the rates filed in August which were put into effect in July are another reduction of the rates in compliance with FCC rules and regulations. It was his understanding that the City opted to extend the time to approve this pending their looking at all the rates. These rates are a decrease from what we had. at the beginning, but we have filed with the City an inflationary increase beginning in November which is allowable through FCC law and rules. Mr. Bucher clarified that the rates discussed today and which will be considered at next Council 709 Item 7a, contd. meeting are not the rates that will be charged beginning in November. It is a very complex set of forms that takes a lot of accounting information to put together. Councilor Martin asked if the inflationary rate beginning in November is two cents. Mr. Bucher replied that the inflationary rate is twenty cents. FCC now has required cable systems and other broadcasters to pay a regulatory fee to fund their operation which is 37 cents per year per subscriber. FCC then came out with another rule which said that amount could be passed on to the customer as a separate item not in the basic rates. It would be itemized on the customer's bill, 3 cents a month from now through February and 4 cents a month from February through October, etc. Mayor opened the Public Hearing. Councilor Hawkins commented that the City had no choice but to renew it because they could continue to operate and charge what they want to anyway. City Attorney stated that the filing was proper and if that was not the case, Vista could not do that. Mayor commented that this year there had been a review of their services and what they offer. They had worked well toward their goal of giving top quality service. City and MSU's public access channel are results of the cable company' s willingness to do business in our community by providing these services. A citizens committee has reviewed the services and gone over the rates with Vista. City Attorney mentioned that the three cents and four cents being charged per month per customer to help fund the FCC' s budget is what you call a funded mandate. It is being funded by the customers. No one else wished to be heard. Mayor closed the Public Hearing. Item 8a ORDINANCE NO. 137-94 ORDINANCE REZONING 2209 & 2211 FOURTH STREET, LOTS 3 & 4, BUMGARNER SUBDIVISION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY-2 TO MULTIFAMILY RESIDENTIAL (MFR) . CASE R94-08; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Mayor Lam that Ordinance No. 137-94 be passed. Motion seconded by Councilor Hawkins. Mr. Willie Ray Wall, 309 Polk was opposed to this rezoning. He has property across the street from the proposed development and he did not feel that any of the Council members would choose to have a development fifty feet from their residence. The neighborhood now is marginal at best as far as stability and livability and the development would not improve the neighborhood. The three property owners who favor this do not live there. He asked that Council consider voting this down. Marty Sparks, 306 Polk, is in the same position as Mr. Wall. Neighborhood is highly congested and rent property is not kept up and is going down hill. They gave up a lot of their privacy around them to the City complexes and Lucy Park. He feels that approval of this rezoning would be bad for the neighborhood and he asked Council to vote it down. Billy Bumgarner, 3506 Windsor, owner of The Shopper, 2200 Seymour Hwy. stated he was asking for final approval on the rezoning, and he could find no reason that this development would be detrimental to the neighborhood. He said it could only enhance the area. He assured the Council that the structure would be nice and would be kept up. He stated that the structure 710 Item 8a, cont'd. will be a quadraplex with off street parking being provided. He said that off street parking will not be a problem. Elvin Dudley, 2518 Shepherds Glen, stated that he was the contractor for the quadraplex. He has checked this out and there is enough room there for off street parking. Motion carried by the following vote Ayes: Mayor Lam, Councilors Mallonee, Daniel, and Hawkins. Nays: Councilors Loughry and Martin Item 8b ORDINANCE NO. 138-94 ORDINANCE REZONING 1609-1617 12TH STREET AND 1202 AND 1204 CLARK STREET, BEING LOTS 13 , 14, AND THE NORTHEAST 40 X 180 FT. OUT OF BLOCK 1, SOUTHLAND ADDITION; LOT 7A, J.CARUTHERS RESURVEY OF BLOCK 26, I. JALONIC ADDITION; AND LOTS 2 & 3 BLOCK 1, AUSTIN SUBDIVISION FROM LIMITED COMMERCIAL AND SINGLE FAMILY-2 TO GENERAL COMMERCIAL (CASE R 94-09) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Mayor Lam that Ordinance No. 138-94 be passed. Motion seconded by Councilor Hawkins. Mr. Richard McListon, Director of Facilities Management Bethania Regional Health Care Center, requested that this ordinance be passed. Their plan is to build an outreach lab in order to cut down on congestion at the hospital. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins. Nays: None Item 8c ORDINANCE NO. 139-94 ORDINANCE AMENDING ORDINANCE 63-84 INCREASING THE DAILY FEE AT THE RV PARK Moved by Councilor Hawkins that Ordinance No. 139-94 be passed. Motion seconded by Councilor Mallonee. Mr. Murphy stated that City was making a little money; we netted $3 ,000 for a twelve month period. Councilor Mallonee did not think fee should be increased if we were making money. Councilor Hawkins disagreed, he felt that the City needed to look toward the future and set some funds aside for future repairs and replacements. He was in favor of an increase. Councilor Martin felt it was the best public relations in Wichita Falls and these people were coming here and spending money. He did not think it should be changed; the City is just providing the necessities. City Manager commented that there are expenses that are not shown as expenses, and we think that we are losing money there. This is an area where you can recover some of your costs and do something with the funds because it is set up as a separate account. 711 Item 8c, cont'd. Councilor Daniel moved to amend the original motion for the daily fee from $10. 00 to $7. 50. Motion seconded by Councilor Hawkins and failed by the following vote. Ayes: Mayor Lam, Councilors Daniel and Hawkins Nays: Councilors Mallonee, Loughry, and Martin Moved by Councilor Hawkins to amend the original motion for the daily fee from $10. 00 to $7. 00. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Councilors Mallonee, Loughry, Daniel, and Hawkins Nays: Mayor Lam and Councilor Martin Item 9a This item was considered after the executive session under Item 11g. Item 9b RESOLUTION NO. 172-94 RESOLUTION APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION AND AUTHORIZING THE CITY MANAGER AND THE ARTS COMMISSION TO ENTER INTO CONTRACTS WITH SUCH AGENCIES Moved by Councilor Hawkins that Resolution No. 172-94 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 9c RESOLUTION NO. 173-94 RESOLUTION TO APPROVE PROPOSED AMENDMENT TO WATER PURCHASE CONTRACT WITH WICHITA VALLEY WATER SUPPLY CORPORATION Moved by Councilor Martin that Resolution No. 173-94 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 9d RESOLUTION NO. 174-94 RESOLUTION AUTHORIZING THE PURCHASING AGENT TO PURCHASE TWO 40-FOOT DEEP HIGH DENSITY POLYETHYLENE (HDPE) MANHOLES FOR THE SANITARY LANDFILL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUESTED BY LAW. 712 Item 9d, cont'd. Moved by Mayor Lam that Resolution No. 174-94 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 9e RESOLUTION NO. 175-94 RESOLUTION APPROVING THE REFUND OF MONIES TO SUNBELT FEDERAL SAVINGS FOR SETTLEMENT IN A LAWSUIT Moved by Councilor Hawkins that Resolution No. 175-94 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 l0a Moved by Councilor Martin to award the bid for one ( 1) 35,000 GVW cab and chassis to R.L. Anderson, Inc. , in the amount of $39, 476. 86. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel, Martin, and Hawkins. Nays: None Item lla Discussion of future capital improvement items for the City. City Manager stated that the City had gone through an extensive identification process of projects that it felt were important in its developmental future. This was done in concert with the half cent sales tax election of last August. You have a list of projects in Group A and Group B which are not in any priority order. Group A: 1. Five tornado sirens (acquisition and installation) 2. Street Projects (Kemp, Lawrence, Callfield and Missile Roads - Federal match) 3 . Public Safety/Police Fire Training Center 4. Fire Station Construction Realignment `5. McGrath Creek 6 . Traffic Signals 7 . Health Department Expansion (State grant match) 8. Park Improvements (ICET funds match) Group B: 1 . Library Project 2. Sidewalk Construction Project City Manager referred to Mr. Werner' s memo concerning the assumptions and absolutes in financing these projects. At a 6. 5% interest rate the financing of the $9, 550,000 proposed projects 713 Item lla, cont'd. would raise the ad valorem tax rate by 3 . 68 cents on the levy. one cent of the ad valorem tax rate would provide resources in the amount of $235, 000. He recommended that if Council considers any or all or other projects that they consider Certificates of Obligation which could be issued by the City Council. If this was done within the next two or three months, this levy would not change until tax time next year. Mr. Bonnett updated on the McGrath Creek Project. He stated that they had been working with the Corp of Engineers in getting the Project Cooperation Agreement (PCA) approved through the SAC Army Office. We have received a letter of approval and the District Engineer would like to come down November 7 for a signing ceremony. After the signing we will be ready to get under way with purchasing right of way and in terms of construction get this job on the way within the next nine to twelve months. Councilor Martin stated that with this new agreement we would not be moving utilities until after the construction begins. Mr. Bonnett concurred. Mayor asked if money would be required on November 7. Mr. Bonnett responded that no money would be required on that date, but Council is making a commitment that you will produce money into escrow 60 days prior to bids. In about 4-6 months we have to have the money available. Our exposure is estimated at $4,030,000 of which we may be able to move one million from Holliday Creek Project. Therefore, the City will have to come up with $3 ,030,000. Mayor commented that if we were going to go out and borrow a significant amount of money there would be an effort to put this to a vote by the citizens. I think there is a high possibility that this is going to be brought to a vote and from past experience this would possibly be voted down. He recommended that the Staff begin reporting immediately to the Council on how McGrath Creek can be funded without Certificates of Obligation, either out of equity and other income sources, or possibly look at minimal issuance of Certificates of Obligation. City Manager stated that he was providing the information of which projects needed to be done, but he was not at this time recommending that the Council go for the $9, 550,000. He will provide a report for the Council on funding strategy. He agreed that McGrath Creek was the first project which needed to be funded, but some of the early street projects need to be considered because of the federal funding. Mayor commented that it was not a matter of an amount but of principle, because the response is going to be the same whether it is five or ten million. City Manager said that from an operating stand there is a question of amount, if you go over ten million there is a matter of arbitrage. There may possibly be a problem with Certificates of Obligation at a minimum amount, as well as in terms of whether you can sell them. Mr. Werner informed that the $10 million figure triggers arbitrage rebate regulations and bank qualifications which increases our yield cost. He will check into minimum amounts of Certificates of Obligation and report back to the Council. Mayor stated that they would take the list and recommend at the next meeting a sub-council or full council to have a worksession. City Manager confirmed that the Council does want to go ahead with McGrath Creek and have Staff prepare funding strategy. This was confirmed by Council. City Manager will also set up the November 7 meeting. Councilor Daniel said that we need to lay the groundwork now, through the media, to establish the validity of these projects. Mayor agreed that this has to be an informational and educational process. 714 Item llb Discussion of proposed amendment to curfew ordinance. Councilor Martin said he did not believe it was the intent of the Council when the curfew ordinance was passed to do away with the all night activities where children under seventeen years of age could participate in a supervised program, for instance at Skate Whirl. He said the ordinance needs to be changed to permit that type of activity. Councilor Martin moved that the curfew ordinance be modified to permit supervised activities where children with parent' s permission be allowed to be out past curfew hours. Motion seconded by Councilor Mallonee. Chief Harrelson had some concern that this could open up a pandora' s box for other activities. He wanted to have an opportunity to speak with his staff to discuss the impact this would have. Councilor Martin said that he had spoken with officers and there had not been any problems at Skate Whirl with any all night events. Chief thought it should be looked at to see what, if any, controls should be established. He was concerned that this would open the door for anyone to come and ask to extend any type of event. Councilor Martin suggested that this could be done with guidelines. Mayor directed the Chief to prepare a written report for next Council meeting of where we are, and look at what direction we need to take. Steve Misner, 3304 Grant, said he had been associated with Skate Whirl for fifteen years and had run Skate Whirl for the past three years and has never had any problems with the all night events. They have not held any all night events since last year on Halloween because of the curfew ordinance. They have received complaints from parents wanting to know why they cannot continue the all night events. Mayor suggested that he contact the Chief to give him his input and names of cities holding all night events. Charlotte Renick, 1417 26th Street, Youth Bowlers at Village Bowl, said they have lock-ins for fundraisers, but have not be able to have any since the curfew ordinance was put into place. She said they are well supervised and have not had any problems, and they need to have their fundraisers. Joseph Cronin, 4835 Barnett, owner of Gymnastics Sports Center, said they had lock-ins prior to the Curfew Ordinance and requested that Council consider amending it. Mayor suggested that any input be given to the Chief. Item 11c Hurshel Kincade, Marta Company, 2003 Scott, informed the Council that there was some kind of prison coming into the old Holliday Inn on Scott Street. He did not know if they were qualified to run such an operation and asked that the Council put this off. Mayor informed that this process started with the Planning and Zoning Commission and suggested that he and concerned citizens be present at the November 9 Planning and Zoning meeting when this would be addressed. City Manager informed that they were within their legal right and the first step was to start with the Planning and Zoning Commission. Mr. Dave Clark informed that this operation was requesting a special use permit and Planning and Zoning does have the authority to grant this type of permit without going back to the Council. Item lld Councilor Loughry was concerned with what was happening here with the prisons and restitution centers. The empty a 715 Item 11d, cont'd. buildings could encourage the placement of more restitution centers and halfway facilities here. This needs to be looked into. Councilor Martin encouraged citizens to get out and vote. Early Voting is being conducted at the Courthouse, K-Mart, Target and the outlying cities through Friday. He asked that street signs be checked for incorrect spelling. Also, he asked that the signal light at Southwest Parkway and Fairway be checked; it is out of kilter and traffic stacks up. Councilor Hawkins expressed his appreciation for the opportunity to attend the Texas Municipal League Conference. He was sorry the half cent sales tax had failed because he learned of revenue sources which would never have been thought of. He commented that today we had seen the results of not passing the half cent sales tax; funds will have to be raised for mandated projects. Maybe there is a possibility of giving citizens a choice of going to a half cent sales tax or ad valorem tax, one or the other. He mentioned that for promotional purposes the City of Amarillo had sent out $8 million checks to numerous corporations. This was a way of bringing a tremendous amount of attention to their city. Mayor will provide a list of the TRNCC goals and accomplishments to Mr. Bonnett. He said there seems to be a turn around in effort that decisions will not be made on the lower levels without disregard for input. Cities need to be aware of this. Item lle City Manager clarified about the $8 million checks mentioned by Councilor Hawkins. Amarillo sent out to every Fortune 500 company and other businesses a check for $8 million to be cashed if they brought a plant to Amarillo that employed 800 people or more. They have had an unbelievable amount of interest in that. Amarillo advertised this process in the Wall Street Journal and the Wall Street Journal was so impressed that the next day they gave them, at no cost to Amarillo, another page for national distribution, which costs $50,000 a page. They have had three or four companies that are more than serious about it. Item llf The City Council went into Executive Session at 10: 44 a.m. as authorized by Section 551 . 074 of the Government Code. The Council reconvened at 11: 18 a.m. Councilor Mallonee was not in attendance. Item 11g Moved by Councilor Martin to appoint Mr R.D. Bowersock to the Wichita Appraisal District Board. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Daniel, Martin, and Hawkins Nays: None 716 Item 9a RESOLUTION NO. 171-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS NOMINATING A MEMBER TO SERVE ON THE BOARD OF DIRECTORS OF THE WICHITA APPRAISAL DISTRICT; 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. 171-94 be passed. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Daniel, Martin, and Hawkins Nays: None Item 11h Moved by Councilor Martin that Mr. Jerry Vandiver be appointed to the Clean Community Commission with term to expire 12/31/95. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Daniel, Martin, and Hawkins Nays: None The City Council adjourned at 11 : 20 a.m. PASSED AND APPROVED this JS day of �1994. r - Michael Lam, Mayor ATTEST: Lydi Torres Cit Clerk