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Min 10/18/1988 i 47 Wichita Falls, Texas Memorial Auditorium Building October 18 , 1988 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. Perry Goolsby Mayor John Hirschi Charles Thomas Angus Thompson Councilors Robert Barenberg Ron Buffum Don Kirkham Louise Houseworth Assistant City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Finance Director The invocation was given by Miles Graham. Proclamations were read and presented by Mayor Goolsby pertaining to the food bank of the city, and to the Thomas Fowler Post 169 and the VFW Post 8878 , for Buddy Poppy sales. Item 3 Moved by Councilor Kirkham that minutes of the meeting held October 4, 1988 , be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 4a-7f Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Thomas. Item 4a RESOLUTION NO. 204-88 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #5900-000-1151 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 4b RESOLUTION NO. 205-88 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #5900-000-0607 48 Item 4b Cont'd Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 4c RESOLUTION NO. 206-88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT IN LAKEVIEW FARMS SUBDIVISION FOR A SANITARY SEWER FORCE MAIN, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 4d RESOLUTION NO. 207-88 RESOLUTION APPROVING CERTAIN GRANTS TO THE ARTS AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 4e RESOLUTION NO. 208-88 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTIBLE ACCOUNTS RECEIVABLE TOTALING $51,750. 03 FROM AN ACTIVE TO DORMANT STATUS Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5a The bid for 24,000 annual flowers was awarded to Smith' s Gardentown, in the amount of $13 ,275, and to J. Foster Landscapes, in the amount of $982. 50. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 209-88 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE MIDWESTERN PARKWAY RECONSTRUCTION PROJECT FROM ARMORY ROAD TO STATE HIGHWAY 281 i 49 Item 6a Cont'd Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7 Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - September 7, 1988 b. Traffic Safety Commission - September 7, 1988 C. Commission on Aging - September 14, 1988 d. Zoning Board of Adjustment - September 21, 1988 e. Arts Commission - October 3, 1988 f. Reinvestment Zone No. 1, Board of Directors (TIF) - October 10, 1988 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham j Nays: None Item 8a A public hearing was held on a proposed resolution reversing the denial of a conditional use permit for an automotive repair garage at 607 Star Avenue. A motion was made by Councilor Barenberg, and seconded by Councilor Thompson, for its passage. Charles Allen, 607 Star Avenue, presented certain information to the Council pertaining to his business and surrounding area. He stated there are fifteen businesses within a half mile of his property. He only does work for two car lots--no individuals. He works on seven or eight cars a week, and has worked on cars there for thirteen years. He mentioned salvage yards on Stesca Street, and 18-wheelers start leaving at 5: 00 A.M. every morning at another location, yet a neighbor said he never hears them. Discussion was held on whether this would be grandfathered. Mr. Mckinney stated that they went back into their records, and could not find any record of him having a shop for commercial purposes. He explained that they received a complaint of lots of vehicles parked there. Mr. Allen stated that most of them have now been moved. Mr. McKinney noted prior existence of other businesses before the Zoning ordinance was passed. Gordon Lackey, 608 Star Avenue, owns two houses across the street from Mr. Allen. He stated that the value of his property will go down if this goes commercial. The only trouble he ' s had with the trucking company was once with a busted muffler. He hardly ever hears anything at the gas transport place. It doesn' t go by his house, but the other one does. He stated that he could visibly observe vehicles behind Mr. Allen' s fence if he looked for it. It was noted that the building in question is located 422 feet from the center of Star Avenue. Councilor Thomas asked if the notarized statements presented would not allow it to be grandfathered? Mr. McKinney explained that their concern was the volume or intensity of the business. They reviewed several types of records and could not find any existence of a garage before the Zoning ordinance was passed. Mr. Allen chose the 50 Item 8a Cont'd conditional use appeal. The administrative appeal route is still available to him. Councilor Kirkham asked about clean up work, and Mr. Allen stated that he only does repair work. He has never taken out a tax permit. The car lots buy their own parts. It was noted that sales tax is not normally charged on labor, but only on parts. Mr. Allen stated that he does not work on cars at night or on weekends. Other discussion followed on grandfathering and permit requirements. Councilor Barenberg noted that we should not forget the rights of the other property owners in that area. The Zoning Board of Adjustments is the last legal appeal. Mr. McKinney stated that the Planning and Zoning Commission cannot decide on the grandfathering clause. It has to go through the Zoning Board of Adjustments. The motion for passage of the resolution failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Item 9a ORDINANCE NO. 114-88 ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE HALCYON LTD. CONTRACT FOR REINVESTMENT ZONE #1 FEASIBILITY ASSESSMENT Moved by Councilor Barenberg that Ordinance No. 114-88 be passed. Motion seconded by Councilor Thompson. Sandy Goff, 3213 Beech, appeared as Chairman of the TIF Board. Jeanie Thompson, staff representative to the TIF Board, explained that Halcyon only wants to send two people to Wichita Falls for site planning. Mrs. Goff stated that Sandy Smith stated she is not a land use planner. She has market expertise and could be complimentary to the team. We need at least one of those besides Sandy Smith. She feels they should send at least three people to this. They can fly from Washington, D.C. for less than $700. She feels they are trying to save money, but believes we will get the finished product. Miss Thompson stated that she believes the two plans can be integrated, but the contract should be amended to include , the three persons if that is what is wanted. Mrs. Goff believes they still need Phase Four at a later time at the $4,000 price. She feels it would be very hard for the Council to make a decision on land assembly without Phase Four. Moved by Councilor Barenberg that the contract be amended to state that Halcyon shall send a team of at least three people to perform the on-site planning exercise. Motion seconded by Councilor Hirschi. Councilor Kirkham asked about bringing two people for four days. Mrs. Goff explained that she believes their problem is freeing up their people to stay longer than two days with their other work schedule. Miss Thompson stated i 51 Item 9a Cont'd that this will be a total team effort between the City, community, and Halcyon. Councilor Thomas suggested that they authorize the City Manager to work out the details with the TIF Board. The motion for the contract amendment carried unanimously. The motion for passage of Ordinance No. 114-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9b ORDINANCE NO. 115-88 ORDINANCE MAKING AN APPROPRIATION FROM SANITATION FUND EQUITY FOR THE PURPOSE OF A SANITATION COST OF SERVICE STUDY Moved by Councilor Thompson that Ordinance No. 115-88 be passed. Motion seconded by Councilor Hirschi. Councilor Buffum asked if this $5 , 000 would be an additional expense from equity? Mr. Bonnett explained that there is no other place for it to come from since the funds are not in the budget. He believes we need to recognize that the work which will be accomplished by the consultant is advisory only, and the end work product will be the responsibility of Mr. Dockery and Mr. Leonard. The results of j this study will not be in any sense a full blown rate study, but whether it will answer their questions is a function of what the Council wants. A full rate study was done in 1986, with further study in 1987. Jim Dockery explained that the apartment complexes and mobile home units have been included as commercial rates for the purposes of this study. Mr. Leonard noted that it is only those that are picked up with containers at one location. Mr. Bonnett stated that if they choose to include apartments and mobile homes as commercial, they would propose other means to generate more revenue. Councilor Hirschi mentioned hazardous toxic waste pick- up. Mr. Leonard stated this is not included in the study. We do not receive any hazardous waste in the transfer station and landfill in any quantities. They work with the Health Department if there is a large quantity generator. Mr. Bonnett strongly recommended against activity on larger quantities. Plastic bag usage was mentioned. Councilor Barenberg re-emphasized fairness to the multiple dwelling homeowner. Mr. Bonnett mentioned a caution of national trends, stating that nationally the commercial pick-up service has heavily subsidized the residential pick- up. You have to approach it from a cold, hard cost-accounting technique. It is difficult to bring it into perspective. It was noted that Shady Park mobile homes are picked up by hand because of the proximity of the roads. Sunrise mobile home park has geographically located containers. It is felt I 52 Item 9b Cont'd they should pay the same as residents if they receive the same type of service. Councilor Kirkham noted that reporting in the paper put the staff down. He explained that this type of study is highly technical, and it does not make the staff less than competent. Councilor Thompson mentioned apartment houses in District Two, stating that one of their concerns is that they are charged at a capacity rate, which they think is unfair. He hopes this will be addressed in this study. He hopes the liner at the landfill will promote recycling. Mr. Bonnett stated they would look at the perimeters of their costs before they look at alternatives. The question was called by Councilor Barenberg, seconded by Councilor Buffum, and carried unanimously. The motion for passage of Ordinance No. 115-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council recessed at 9 : 55 A.M. , and reconvened at 10 : 10 A.M. Item l0a RESOLUTION NO. 210-88 RESOLUTION EXPRESSING CITY OF WICHITA FALLS' DESIRE TO BE INCLUDED IN WICHITA COUNTY DESIGNATION AS AN ECONOMIC DEVELOPMENT ADMINISTRATION REDEVELOPMENT AREA AND REQUESTING NORTEX REGIONAL PLANNING COMMISSION TO COORDINATE PREPARATION OF AN OVERALL ECONOMIC DEVELOPMENT PLAN FOR THIS PURPOSE Moved by Councilor Buffum that Resolution No. 210-88 be passed. Motion seconded by Councilor Kirkham. Councilor Thompson noted that this will mean a lot to Wichita Falls and Wichita County. Councilor Buffum expressed concern that when this type of plan is formed, many times our projects do not receive the same priority as our population. He would hope that when these projects fall within the city, which is 85 percent of the County, that we would have suitable priority which is in relation to the population of our city. Councilor Barenberg believes that the County has no intention of proceeding with anything that would not include our voice. Mayor Goolsby stated that this body would make recommendations to the County for membership to this board. The majority of the people in the County live in Wichita Falls. Councilor Kirkham asked how this related to the Economic development Task Force at Midwestern State University? Mayor Goolsby explained that this will make the County eligible for certain economic grants. It was noted that we need to look at both of them for overlaps. 53 Item 10a Cont'd The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10b RESOLUTION NO. 211-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE THE REMAINING OPERATING SYSTEM SOFTWARE CURRENTLY RENTED WHICH IS REQUIRED TO OPERATE OUR CENTRAL COMPUTER SYSTEM Moved by Councilor Thompson that Resolution No. 211-88 be passed. Motion seconded by Councilor Kirkham. Assistant City Manager Louise Houseworth explained what we are buying, stating that this is for a software purchase only; not maintenance. The program changes to the system are made in-house. This will save us $25,000 in the budget next year. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10c A proposed resolution was presented approving the adopted budget for the 9-1-1 Communications District from October 1, 1988 through September 30, 1989. A motion was made by Councilor Barenberg, and seconded by Councilor Kirkham, for its passage. Sidney Smith, Executive Director of 9-1-1, stated that their name has been changed to Nortex 9-1-1 Communications District, instead of Wichita County. Moved by Councilor Buffum that the resolution be amended to reflect that change where it appears in the resolution. Motion seconded by Councilor Barenberg. Councilor Thomas confirmed that every time a new county comes in they get a new board member. The motion carried unanimously. Councilor Hirschi commented that the system is only as good as the people who answer the phones. We are looking at having to put extremely highly qualified people on this system if it is to be what we want. If we have to improve qualifications or the number of people on the system, will the City of Wichita Falls have to bear the entire cost of it? Mr. Smith replied that he has the utmost confidence in the city personnel, and said they are starting a class today to train the dispatchers. Councilor Hirschi mentioned liability in the case of human error, asking if we are shouldering one 54 Item 10c Cont'd hundred percent of the liability for this? Mr. Smith stated that, in his opinion, there is no additional liability involved. Councilor Barenberg pointed out that the biggest single question in the whole system had to do with human error. This particular automation will give specific addresses. Councilor Hirschi stated that he finds their operational budget very difficult to read. He could not find support for the $13 ,638 monthly operation costs. Mr. Smith stated it is half of the total budget. He explained how it was arrived at, which actually was not shown in the budget. Discussion was held on the present 9-1-1 exchange in the City of Wichita Falls, and contractual approval with other entities to answer their calls. Mr. Smith stated that the Wichita County Sheriff has instructed that all his calls go through his dispatcher, which is the City of Wichita Falls. Location of the data base was also discussed. Moved by Councilor Kirkham that this matter be tabled for a work session with Mr. Smith at their convenience. Motion seconded by Councilor Buffum, and carried unanimously. Item 10d RESOLUTION NO. 212-88 RESOLUTION APPROVING AMENDMENT OF PREVIOUSLY APPROVED FINAL STATEMENTS OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 , AS AMENDED Moved by Councilor Barenberg that Resolution No. 212-88 be passed. Motion seconded by Councilor Thompson. Councilor Thomas mentioned escalation of costs on these projects to 1989-90. Miss Houseworth stated that she has an indication that these latest projects are of a higher priority by the Council, and also of need. Councilor Thompson stated that a resurfacing of Morgan Lane is needed next year. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10e Discussion was held on a proposed resolution to approve the water conservation plan. Tim Thomas, Chairman of the Water Resources Task Force, stated that the study has been completed, and hoped the Council would favorably receive it. Councilor Kirkham noted that it is a good report, but does not agree with all of it. He stated that the plan oversteps its bounds in several instances. It is extremely detailed. He does not believe we can dictate what the schools or others do in water conservation. He agrees with the education of the public on use of the water. i 55 Item 10e Cont'd Mayor Goolsby noted that there had been discussion about a special session to discuss this. Mr. Bonnett explained that they are required to submit this plan to the State for review and comment. He suggested that this plan be forwarded to the State in draft form, and later place it back on the agenda for consideration. Mayor Goolsby noted that he would like to include this item with the 9-1-1 for a work session on October 27, 1988, at 1: 30 P.M. RESOLUTION NO. 213-88 RESOLUTION TO ACCEPT WATER CONSERVATION PLAN FOR FURTHER STUDY Moved by Councilor Barenberg that Resolution No. 213-88 be passed, accepting this report for further study. Motion seconded by Councilor Kirkham. Councilor Buffum stated that he cannot endorse adoption by directive. His answer to conservation is by education and choice. Councilor Thomas noted that there are some things he disagrees with, and would like more study. He stated that all plumbing fixtures are already water saving devices. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council recessed at 11: 30, and reconvened at 11: 45 A.M. Item 10f Mayor Goolsby asked what our relationship is with Yellow Cab at this time? Mr. Hodge explained that he had received several telephone calls concerning hearsay that Yellow Cab had ceased to operate. He was also visited by several cab drivers who operate under the certificate of Yellow Cab. He also had a visit from Claudio Ramirez, Jr. , who stated that they are still operating. He tried to reach Glynn Purtle, who has been the representative of Yellow Cab Company, and finally got in touch with him last night. Mr. Purtle explained that in his absence, his firm had received verbal word from Yellow Cab that they were closing their operation here. Mr. Hodge requested something in writing regarding their intentions and status of operation. As of this minute their certificate for thirty plus cabs is issued and outstanding. Mr. Purtle stated that he would contact them, and suggest that they might want to consider giving us something of that nature in writing. In the meantime, he understands that several people who own their own cabs under the umbrella of their certificate are still operating. It is an unusual type situation, and his feeling has been that as of this minute their permits are still outstanding and in full force and effect, and those operating under that permit are doing so legally. They should make sure they have the requisite insurance. Mayor Goolsby clarified that even though they are still operating, the Council will still have the authority to issue other certificates to additional operators. Mr. Hodge explained that he feels they are gone, and we will receive 56 Item 10f Cont'd written notice soon to that effect. Discussion was held on the possibility of voiding certificates or licenses. Liability problems were discussed. Alfred S. Tucker, a driver for Yellow Checker Cab Company, stated that individual owners had to pay for the vehicle licenses, even though they were issued to Yellow Checker Cab Company. Yellow Checker closed their doors at 12: 00 P.M. Sunday. He stated that Yellow Checker gave cars to the owners who were buying from them. They also provided insurance. RESOLUTION NO. 214-88 RESOLUTION AMENDING THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY HERETOFORE ISSUED TO CLAUDIO RAMIREZ, SR. , FOR THE OPERATION OF ADDITIONAL TAXICABS Moved by Councilor Hirschi that Resolution No. 214-88 be passed. Motion seconded by Councilor Thompson. Mayor Goolsby noted that Mr. Ramirez and Mr. Shaw have spoken to the Council on several occasions, and requested that they hold their presentations to five minutes. Mr. Ramirez stated that the situation has changed quite a bit since last Sunday. They should be entitled to take care of the needs of the City. He got a little behind over the week-end, but he handled all his calls. Councilor Barenberg asked for the names of his partners, and Mr. Ramirez stated they are his children, but not all of them live in Wichita Falls. He named Claudio, Jr. , Joe, Jose, Alex, and Steve. The girls also drive sometimes. Councilor Thomas was concerned that they will be able to justify the expense if they look at the quality of each of these cars. Mayor Goolsby suggested that they may ask the staff to develop standards and codes. Mr. Ramirez stated that he feels a maximum of 25 cabs can make a living in Wichita Falls. He further stated that he had no opposition to Falls Cab Company operating here. Moved by Councilor Hirschi that the last paragraph of the resolution be amended to state that it is subject to present and future ordinances and resolutions of the city. Motion seconded by Councilor Buffum. Deborah Adams appeared in support of the cab drivers, stating that she is epilectic, and needs transportation facilities. She supports Mr. Shaw' s company, stating that she has heard scary stories about Ramirez cabs. Mr. Hodge stated that he had just received a telephone message from James McGee, Vice-President of Yellow Cab, stating they have been out of business since Sunday. They have pulled their radio, decals, licenses, insurance, etc. The motion for the amendment carried unanimously. Councilor Thompson commended Mrs. Adams for bringing to their attention that cab service is needed in Wichita Falls. He feels strongly we should move forward to issue additional permits to allow the cab company to expand. Councilor Buffum also supports good cab service in the city. 59 Item llb Councilor Thompson mentioned a place along Holliday Creek on Rosewood where it almost abuts facilities for children and senior citizens. Mr. Bonnett explained they have already handled this. Councilor Hirschi mentioned billboard regulations options. Miss Houseworth stated that staff needs direction on which option they want to proceed with. Councilor Hirschi suggested that it be placed on the next agenda for discussion. Councilor Hirschi also mentioned activities and discussion on partisan political activities by employees and councilors. He stated that the charter language is vague and antiquated. He requested that the staff look at this for perhaps some kind of charter review. Mr. Hodge explained that the charter cannot be amended for another two years. Councilor Hirschi expressed concern about non civil service employees not being involved in most any political activities. Councilor Thomas did not believe they would be prohibited from this if they were on their own time. Mayor Goolsby stated that it is his belief that it was the intent in developing the charter that people working in the City and on the Council should work in a bipartisan community. He stated that he has been very comfortable because he thinks it is in the best interest of the city to be able to work at the highest and best relation with whoever is elected. Councilor Thompson stated that he is quite partisan on where he stands on who is elected, but he hopes the city staff would not become too involved in partisan politics. The Council has to function as a whole. Councilor Hirschi feels a person' s rights come before how someone feels in Washington. Mayor Goolsby stated that he is a public employee oriented person, and he would fight for city employee rights as hard as anyone else. Councilor Barenberg feels the most important thing council officials can do is absolutely refrain from where it appears they might be influencing anyone. Councilor Thomas feels that people would only ask him for endorsements because he was a city councilman. No one appeared under Item llc. Items lld,e The City Council recessed into executive session at 2: 45 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 3 : 40 P.M. Moved by Councilor Thomas that the following appointments be approved. a. Mayor' s Commission on the Status of Women - Kris Barker Carlton - term to 9-30-90 b. Commission for Disabled Persons - Donald Lee Rhodes - term to 5-31-90 D. Michelle Miller - term to 5-31-90 c. Board of Electrical Examiners - Bette J. Butler - term to 5-31-89 0 60 Items lld,e Cont'd d. Library Planning Committee - Jim Snowden - Chairman Chuck Dennis Jerry Fischer (replacing Ikard Smith who could not serve) John Hirschi - Council Ex Officio Robert Barenberg - Council Ex Officio Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 3 : 45 P.M. PASSED AND APPROVED this the day of; c 1988. `Perry Gf6olsby, �Mayor ATTEST: i Wilma J. T omas CMC/AAE City Clerk