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Min 05/18/1993 293 Wichita Falls, Texas Memorial Auditorium Building May 18 , 1993 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 - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Jack Dial, Evangel Temple Assembly of God Church. Item 3 Moved by Councilor Thompson that minutes of the meeting held May 4, 1993 , be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 4a-5b Items 4a and 4b were moved to the regular agenda. Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Martin, and carried unanimously. Item 5 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - April 7, 1993 b. Wichita Falls/Wichita County Public Health Board - April 16 , 1993 Item 4a RESOLUTION NO. 67-93 RESOLUTION AUTHORIZING THE CITY TO PARTICIPATE WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT IN A JOINT ALTERNATIVE FUELS STUDY Moved by Councilor Hughes that Resolution No. 67-93 be passed. Motion seconded by Councilor Martin. 294 Item 4a, cont 'd. Councilor Loughry asked if the City is coming up on any mandates on alternative fuel, and Mr. Berzina explained we are not at this time, but feel it is an opportunity to see if down the road they can save some money. We can also borrow on their experience. Councilor Hughes also pointed out that it is an opportunity to save money. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Hughes, Martin, and Hawkins Nays: Councilor Loughry Item 4b RESOLUTION NO. 68-93 RESOLUTION ACCEPTING A PROPOSAL FROM TEAM CONSULTANTS, INC. FOR GEOTECHNICAL ENGINEERING EVALUATION AND TESTING OF LANDFILL SOIL LINER 10 Moved by Councilor Martin that Resolution No. 68-93 be passed. Motion seconded by Councilor Thompson. Councilor Loughry asked if this could be done in our lab, and Mr. Bonnett stated that the Texas Water Commission will not accept it; you have to be one of the geotechnical firms. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 6a A public hearing was opened on an application for additional taxicab licenses for All American Cab Company. Claudio Ramirez , Jr. , 302 Fillmore, stated they do not have enough cars to support the City and Sheppard AFB. He explained the reason they operated an unlicensed cab. Someone from the other cab company saw them. He stated that he also witnessed the other cab company using an unmarked cab at Bethania Hospital. David Griffith, 1858 Cameron Lane, stated he is an owner/operator for All American Cab. He stated they are having to compete with ten cabs against fifteen cabs for the other company. They are seeing saturation, and have to be able to compete. He stated they took a long look at themselves after the last meeting. They have cleaned up their cabs, and are having weekly inspections. He took exception to the cabs being unsafe and bald tires. He mentioned pornographic movies being shown in one of the cabs, stating some of these things are seen on television. Mrs. Ozuna supported Mr. Ramirez . Steve Ramirez, 2013 Elizabeth, stated he has petitions from bar and nightclub owners stating they need the ten additional cabs. It now takes from thirty minutes to one hour to get cabs to these people. He noted these are signatures from their regular customers. Each cab company was originally given ten cabs each, and more are needed now. They could guarantee pickups within fifteen minutes of the call if they had ten more cabs. Councilor Mallonee asked about owner/operators and cab 295 Item 6a, cont'd. company ownership. Mr. Ramirez stated they have some of both. He stated they have already purchased five vehicles which are ready for paint. Councilor Hawkins mentioned Cab No. 11 is sitting out in the parking lot, which is not licensed. It was explained it is not being operated as a cab. Claudio Ramirez, Sr. , stated that at one time twenty cabs for the whole city was sufficient, but more are needed now. He stated he just wants to be treated fair. The public hearing was closed. Item 7a ORDINANCE NO. 52-93 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS REVISING THE RATES OF TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING FOR CONDITIONS AND REPEAL OF CONFLICTING ORDINANCES; DECLARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hughes that Ordinance No. 52-93 be passed. Motion seconded by Councilor Thompson. Mr. Humbach explained that the proposed rate increase is 3 . 6 percent, as opposed to the 15 . 3 percent requested. He noted a rate request of 760 million dollars, plus additional revenue per year, from the Texas Utilities Electric Company. The rate increase was suspended until May 27. Mr. Humbach was authorized to participate with other cities in a coalition contesting the rate increase. They participated in the testimony, and it has been filed in Austin. It is their recommendation that this company should receive a rate increase of 3 . 6 percent or $180,000 per year. This ordinance would authorize this amount. The company can accept this or the case can be appealed to the Public Utilities Commission. He expects a final order from the Public Utilities Commission in the next four to five months. The rates set today will go into effect today, but the Public Utility Commission can change it. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7b Discussion was held on a proposed ordinance increasing the number of authorized vehicles for hire for All American Cab Company. A motion was made by Councilor Hughes, and seconded by Councilor Hawkins, for its passage. Claudio Ramirez, Jr. stated he would like to have twenty permits to be equal in serving the city and Sheppard Air Force Base. Councilor Hawkins noted that All American Cab Company is presently on probation, and requested that they not approve any cabs because of this. After they have been removed from probation they can come back and ask for other cabs. Mr. Dockery explained that back in February the Taxicab Committee reviewed information on violations of the City ordinance with the Cab Company, and they were placed on 296 Item 7b, cont'd. probation until they could comply with the ordinance. They were in violation of using an unlicensed cab, and showing questionable videos in one of the cabs. For about a year they operated only eight cabs, rather than ten. They have recently come up to ten cabs. There is no definitive time frame on the process. The cars meet bare minimum inspections. The committee had to make a determination that they were financially capable of operating the additional cabs. Councilor Hawkins commented that if they are going to operate in the City of Wichita Falls they need to operate by our rules, and not their rules. Mayor Lam led a discussion of how they get off probation. Mr. Humbach stated that the letter does not provide a time limit, but does provide that we will call for inspections on both companies. If they want to get off probation they need to come back before the committee. They will have inspection reports, etc; and the ball is in the Company' s court to ask for probation to be lifted. Mayor Lam and Councilor Thompson suggested that the company follow this procedure, and come back to the Council. Councilor Hughes suggested they ask for what they really need and can handle. Moved by Councilor Martin that this item be tabled. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7c ORDINANCE NO. 53-93 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR PURPOSES OF A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (S.T.E.P. ) Moved by Councilor Mallonee that Ordinance No. 53-93 be passed. Motion seconded by Councilor Martin. Richard Amon, 2808 Parkview, opposed the seat belt program, stating it is his business if he wants to wear his seat belt. If he gets a ticket he will sit it out again, as he did last year. Mayor Lam noted that the Council has the responsibility to look at the health and safety of our citizens. This is a national and state program which has shown benefits in lives saved, along with medical costs. Councilor Martin stated that he should address his comments to his legislators. They were the ones who passed the law. Mrs. Ozuna also supported the seat belt law. Councilor Loughry stated if we do this we will generate over $100, 000. He asked if it can be earmarked for a special project, such as parking lots in Jaycee Park. Mr. Berzina stated if it is a legal expenditure the Council could assign it to anything that meets the criteria. He would want to check with the State on restrictions. Councilor Hawkins supported using it for a particular project, but felt it should be used in law enforcement. He favors getting police officers in the schools to train our children. He also mentioned crossing guards. Mr. Berzina suggested they look at it in the normal budget process. Councilor Martin noted that anything coming 297 Item 7c, cont'd. into the general fund may be designated by this body on how it will be spent. Mr. Berzina cautioned about earmarking for certain projects, stating that pretty soon you have no flexibility. Councilor Thompson commented that he does not believe citizens will see this as a benefit to make money. Some will look at it from this point of view and have even less respect for law enforcement personnel. Councilor Martin noted this is an opportunity to put more officers on the street. Mayor Lam noted that the state and federal governments place special emphasis on various programs. Chief Harrelson noted the numbers of tickets written last year for seat belt and child restraint. The federal government says they want to see a higher seat belt usage, so they offer money once a year to step up the enforcement. Councilor Hughes commented on the program by the state for public safety. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Hughes, Martin, and Hawkins Nays: Councilor Loughry Item 7d ORDINANCE NO. 54-93 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME. Moved by Councilor Thompson that Ordinance No. 54-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8a RESOLUTION NO. 69-93 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT WITH THE STATE OF TEXAS, THEREBY ENABLING THE WICHITA FALLS POLICE DEPARTMENT TO PARTICIPATE IN "OCCUPANT PROTECTION" SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (S.T.E.P. ) Moved by Councilor Hughes that Resolution No. 69-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Hughes, Martin, and Hawkins Nays: Councilor Loughry Item 8b A proposed resolution was presented reversing the disapproval of a conditional use permit application for a convenience store in RMU zone with alcoholic beverages (off 298 Item 8b, cont'd. premise) , at 1203 Thompson Road. A motion was made by Councilor Hughes and seconded by Councilor Martin for its passage. Dave Clark stated that notices were given to these people that this meeting would be held today. They also had the opportunity to appear here. Councilor Thompson stated this is located across the street from Antioch Gardens. With chaos that exists in this community he does not believe the selling of beer and wine will help, although they need a convenience store. Councilor Hawkins commented that we need to be diligent in making sure all requirements are met. The motion failed by the following vote. Ayes: Councilors Hughes, Martin, and Hawkins ,. Nays: Mayor Lam, Councilors Mallonee, Loughry, and Thompson Item 8c RESOLUTION NO. 70-93 A RESOLUTION REVERSING THE DISAPPROVAL OF A CONDITIONAL USE PERMIT APPLICATION TO CONSTRUCT A CARPORT WITHIN THE FRONT SETBACK AREA AT 4301 RANDEL DRIVE, WICHITA FALLS, TEXAS (C-93-12 ) . Moved by Councilor Hughes that Resolution No. 70-93 be passed. Motion seconded by Councilor Martin. Charles Lane, 4303 Randel Drive, stated that he had received permission to erect a carport at his house, and he supported Mrs. Thompson in her request for a carport. He urged favorable consideration and refund of her money. Earline Thompson explained her situation, stating she does not have the money to run any more concrete. There is also a carport right next to her, and several others on her street. Dave Clark explained that the laws concerning carports have changed over the years, citing those changes. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8d RESOLUTION NO. 71-93 RESOLUTION ADOPTING RECORDS MANAGEMENT PLAN FOR THE CITY OF WICHITA FALLS Moved by Councilor Thompson that Resolution No. 71-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 299 Item 9a Bob Seabury presented a report from the Downtown Revitalization Committee, with the following recommendations. 1. Permanent downtown association committee. 2 . Encourage construction of MPEC. 3 . Park Central, which created a stimulus for the downtown. 4 . Old Town market encouraged. 5. Facade easement for upgrading downtown buildings. 6 . Heritage Society preservation of buildings. 7. Relocate library to first floor of Activities Center. 8. Child day care nursery. 9 . Restoration of Wichita Theatre. 10 . Inventory downtown property for sale or lease. 11 . Expand TIF Zone to entire downtown. 12 . Create Indiana Entertainment area. 13 . More lighting. 14. Special events parades; sidewalk sales. 15 . Refurbish Holt Hotel. 16 . Municipal parking lots. 17. Establish downtown logo. 18. Encourage medical community toward downtown. 19 . Financial housing assistance for downtown. 20. Consider angle parking in downtown area. 21. Relax city building codes for downtown. 22. Downtown security; horseback or bicycle. 23 . Christmas in July project. 24. Consider various financing forms for downtown revitalization. 25 . Beautification of downtown. 26 . Usage concentration. 27. Overall plan display. 28 . Execution of plan; employ consultant. Mayor Lam noted this is a well thought out plan, and commended Mr. Seabury and the committee for their work. He recommended that we take this report and that he and the City Manager get with them and try to determine where the City can participate. Item 9b Bill Anderson, 814 Indiana, stated he is marketing director for Bowling Computer Systems. They support this revitalization committee, and want to have a voice in what is going to happen to secure their future. They have a five year plan for their building. He stated they have also been approached by an investor in this product. They are not against this park, but are trying to protect their interest. Mayor Lam stated that he appreciates his attitude, and wants to work with him. He stated if any of his rights were ignored he apologized for it, and will see that he is kept informed. Elmer Hanvey, 4304 Meadowbrook appeared regarding the TU rate increase. Mayor Lam explained what the City has done on this, and are staying up to date with what is going on. Mr. Hanvey expressed concern about the demand factor, stating it seems to be taking advantage of the small businessman. Mayor Lam suggested he contact the PUC in Austin, and Mr. Hanvey noted he had already done this. Wallace Gresham, 1203 Thompson Road, appeared regarding disapproval of his request for selling alcoholic beverages in a convenience store on the East side. He noted the store would provide jobs for four people. He stated he is not one of those who receive drug money. Mayor Lam explained it was disapproved by the Council because it is in a location in an area where 300 Item 9b, cont'd. there have been a lot of problems. He encouraged him to get into another business on the East side. Bill Fortune, 1610 Aldrich, appeared regarding a boy scout but at Lake Wichita. He now finds the land has not been platted, which takes 6-8 weeks. He requested help in getting a permit to build this boy scout hut. Mr. Berzina stated they would look at it, and see what they can find out. He asked Jim Dockery to meet with Mr. Fortune. Giola Ozuna, 1309 Giddings Street, stated the Waco people are in our city to spend the weekend in Bridwell Park. Chief Harrelson stated he would visit with her. Dan Shirey, Chairman of Save Our Lake Committee, 1201 Shoreline, asked about a meeting date for the committee appointed by the Council, and Mr. Berzina stated it is next Tuesday. Mr. Shirey stated they have two plans to be considered. Mr. Berzina stated he has told Mr. Shirey that the vehicle for his comments is with the committee, and not the Council. He noted that Mr. Shirey is a member of that committee. He further stated that the City is not going to pay for another study. They have taken a lot of information to the Corps that Mr. Shirey has presented, and the Corps has disputed all of these figures. Mr. Shirey stated they have taken a lot of abuse from the Council, and Councilor Hawkins strongly disagreed, stating the Council has taken a lot of abuse from him, and that he is the one who has made unjust accusations. Mayor Lam emphasized that the Council has done its duty. Mrs. Ozuna stated she has attended many council meetings, and has never seen a Councilor be abusive. Item 9c Councilor Hawkins expressed interest in a parking lot at Jaycee Park. Councilor Martin noted the County is beginning early voting tomorrow morning for the senator' s runoff. He also noted the Fire Chiefs ' convention in town. Councilor Martin inquired concerning trees and equipment at Edgemere Park, and when it will be upgraded. On Monday, May 31, the flame will be relighted for the veterans ' memorial. Councilor Loughry asked about the CDBG overlay project. Mr. Bonnett stated it does not include Wenonah. He also asked about a ditch at Bonanza. Mr. Bonnett stated there is a capital ` improvements program on this. He also requested a parking lot at Jaycee Park instead of buying trees. He also asked about a report on the wastewater treatment plant, and noted asphalt was needed at Lawrence Road and Alabama. He also asked why cash is requested in the on-site medical clinic, and Mrs. Stricklin explained the reasons. Speeding on Wenonah was again mentioned. Mayor Lam asked that the police check the building at 407 Jalonic. It seems to be used as a place for children to collect. 301 Item 9d Mr. Berzina passed out a memo, and Jack Murphy reported on the new location for the Nature Center. Item 9e The City Council recessed into executive session at 11: 20 a.m. , according to Article 6252-17, Section 2(g) , V.A.C.S. The meeting reconvened at 11: 40 a.m. Item 9f Councilor Hughes announced the changes to City Council liaisons to boards and commissions. Councilor Mallonee will replace David Farabee on the Library Advisory Board and Water Resources Commission. Councilor Hawkins will replace Mr. Farabee on the Planning and Zoning Commission, and Councilor Hughes will replace Mr. Farabee on the Zoning Board of Adjustments. The City Council adjourned at 11: 41 a.m. PASSED AND APPROVED this day of 1993 . May ATTEST: Wilma J. Thomas, CMC/AAE City Clerk