Loading...
Min 03/06/1990 423 Wichita Falls, Texas Memorial Auditorium Building March 6, 1990 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 David Farabee Michael Lam Angus Thompson Councilors Bill Palmer Ron Buffum Don Kirkham James Berzina City Manager Gregory D. Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Larry Roberts, Church of Christ in Edgemere. Item 3 Bill Weske, a Fire Department employee, was honored as Employee of the Month for March. Mayor Goolsby presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Mayor Goolsby presented proclamations for Mental Retardation Month, Literacy Month, and 4-H and FFA Day. Item 4 Moved by Councilor Kirkham that minutes of the meeting held February 20, 1990, be approved. Motion seconded by Councilor Buffum, and carried unanimously. Items 5a - 8k Moved by Councilor Thompson that the procedure of w approving the consent agenda with one motion and one vote be approved. Motion seconded by Councilor Kirkham and carried unanimously. Items 5b, 5c, and 6c were moved to the regular agenda. Moved by Councilor Palmer that the consent agenda be approved. i 424 Items 5a - 8k Cont'd Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 5a ORDINANCE NO. 9-90 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON TURTLE CREEK RANCH ROAD, LOTS 2 AND 41B, REPLAT OF LOT 1, BLOCK 1, CIMARRON SUBDIVISION Item 6a RESOLUTION NO. 43-90 RESOLUTION NAMING ELECTION OFFICIALS FOR MAY 5, 1990, CITY ELECTION Item 6b RESOLUTION NO. 44-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WICHITA COUNTY TO USE PUNCH CARD VOTING SYSTEM Item 6d RESOLUTION NO. 45-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE OPTION TO CONTRACT WITH AUTOMATIC VENDING SERVICE FOR COFFEE, CANDY AND SNACK VENDING MACHINES AT VARIOUS CITY FACILITIES Item 6e RESOLUTION NO. 46-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NCNB TEXAS TO ACT AS REGISTRAR/PAYING AGENT FOR THE TEXAS WATER DEVELOPMENT BOND SALE Item 6f RESOLUTION NO. 47-90 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #9060-051-0400 Item 7a RESOLUTION NO. 48-90 RESOLUTION AWARDING BID TO BROCK PLUMBING FOR THE INSTALLATION OF AUTOMATIC IRRIGATION SYSTEM IN SCOTLAND PARK i 425 Item 7b RESOLUTION NO. 49-90 RESOLUTION AWARDING BID TO BROCK PLUMBING FOR THE INSTALLATION OF AUTOMATIC IRRIGATION SYSTEM IN O'REILLY PARK Items 8a - k Minutes of the meetings of the following boards and commissions were received. a. Kemp Public Library Advisory Board - December 5, 1989 b. Kemp Public Library Advisory Board - January 23 , 1990 C. Human Relations Commission - January 23 , 1990 d. Building Board of Adjustments and Appeals - January 29, 1990 e. Commission on Aging - February 7 , 1990 f. Board of Electrical Examiners - February 8 , 1990 g. Planning and Zoning Commission - February 14, 1990 h. Civil Service Commission - February 21, 1990 i. Zoning Board of Adjustment - February 21, 1990 j . Park Board - February 22, 1990 k. Kemp Public Library Planning Committee - February 22, 1990 Item 5b ORDINANCE NO. 10-90 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON CALIFORNIA STREET ADJACENT TO THE EAST LINE OF LOT 2-B OF THE WOODY PARTEE ADDITION Moved by Councilor Farabee that Ordinance No. 10-90 be passed. Motion seconded by Councilor Thompson. Councilor Kirkham asked about present curbing on California Street. It was noted that none presently exists, and at this point it is not known where placement could be until the street is surveyed and constructed. Mr. Bonnett anticipated that building would occur in this area after Holliday Creek is completed. Another option which would be available would be to require the cost to be placed in deposit until it is curbed. Mr. Berzina addressed the feasibility of this option. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer and Buffum Nays: Councilor Kirkham 426 Item 5c ORDINANCE NO. 11-90 ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS IN PARKS DURING CITY RECREATION EVENTS Moved by Councilor Buffum that Ordinance No. 11-90 be passed. Motion seconded by Councilor Palmer. Councilor Buffum noted that this is the first time they have been requested to approve in-mass the posting of signs in the parks. He cited the Lucy Park swimming pool, stating this is very lucrative advertising for Coca-Cola, and provides a monopoly for them in our parks. It was suggested that other vendors should be contacted in the future. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer and Buffum Nays: Councilor Kirkham Item 6c RESOLUTION NO. 50-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE OPTION TO CONTRACT WITH LONE STAR MUSIC COMPANY FOR CIGARETTE VENDING MACHINES AT VARIOUS CITY FACILITIES Moved by Councilor Kirkham that Resolution No. 50-90 be passed. Motion seconded by Councilor Farabee. Councilor Kirkham addressed the smoking ordinance, stating he is opposed to this. It was noted that this is just a service to the employees, as there was little profit for the City from these two machines. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Palmer and Buffum Nays: Councilors Thompson and Kirkham Item 9a ORDINANCE NO. 12-90 ORDINANCE WAIVING SECTION 22-1 OF THE CODE OF ORDINANCES AND RESOLUTION NO. 183-82 REQUIRING A $2. 00 PER PLAYER FEE AT THE TENNIS CENTERS Moved by Councilor Buffum that Ordinance No. 12-90 be passed. 1 427 Item 9a Cont'd Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 9b Discussion was held on a proposed ordinance waiving Appendix A, Subdivision Section 9 (B) ( 2) (a) of the Code of Ordinances with respect to placing curb and gutter on the Seymour Highway, Lot 7D and Lot 7E, Replat of part of Lot 7, Block 5, Rivercrest Park Addition, and Tract 31 of the Robert Evans Survey, A-74 . A motion was made by Councilor Palmer, and seconded by Councilor Kirkham, for its passage. Don Berend appeared representing Berend Brothers, requesting that this be granted, explaining their plans. Bill Parker, City Engineer, addressed the options available to require curb and gutter. Discussion continued on the options. The motion failed by the following vote. Ayes: Councilor Lam Nays: Mayor Goolsby, Councilors Farabee, Thompson, Palmer, Buffum and Kirkham Item 9c Discussion was held on a proposed ordinance rezoning Lot 7-A, and a portion of Lots 8, 9 and 10, Block 44, Merle Heights, in Wichita Falls, from Single-Family Residential (SF-2) Zone to General Commercial (GC) Zone. A motion was made by Councilor Lam, and seconded by Councilor Palmer, for its passage. Preston Carlock, 1704 N. Beverly Drive, requested that this not be rezoned to general commercial, stating it is a family area and they want it to continue that way. He stated Mr. Morgan does not live in that area. J.C. Morgan, 3514 Fairway Boulevard, requested only one small portion of this lot to be re-zoned to put up a billboard. There are only four residences in this area. Worth Richter, 1708 N. Beverly, urged the Council to leave the neighborhood as it presently exists. They are concerned about what could happen in the future as well as now. Mrs. Teresa Carlock, 1704 N. Beverly, explained that they are concerned about their taxes going up if it becomes general commercial. She explained that Mr. Morgan also wants to purchase some property which has a house on it. If it becomes commercial it will not bother him since he lives in another part of town. They are afraid the neighborhood 1 428 Item 9c Cont'd will change if the whole area becomes general commercial. They are not opposed to the sign itself, but how it would later affect them. Councilor Buffum noted that the opposition in the Planning and Zoning Committee was to a general commercial zone, and other things this land could be used for. Mr. McKinney explained that even though this area is surrounded by general commercial there are several things in the area that are not general commercial businesses, such as the Boys Club, school, church, etc. It is really a residential area surrounded by general commercial. Discussion continued on protection of the neighborhoods as being a primary goal of zoning, and what would happen when that property is sold to others. The motion failed by the following vote. Ayes: Councilors Farabee and Lam Nays: Mayor Goolsby, Councilors Thompson, Palmer, Buffum and Kirkham Item 9d ORDINANCE NO. 13-90 ORDINANCE AMENDING ORDINANCE NO. 85-87 TO REDUCE PLATTING FEES FOR LARGE PLATS AND TO ESTABLISH A FEE FOR RELEASING RIGHT-OF-WAY AND EASEMENT ENCROACHMENTS Moved by Councilor Lam that Ordinance No. 13-90 be passed. Motion seconded by Council Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Councilor Kirkham asked why we are undoing what we wrestled with in 1987? Mr. McKinney explained that we are putting a cap on it so that large tracts are not penalized. We did not undo it. Item 9e ORDINANCE NO. 14-90 ORDINANCE AMENDING SECTION 7-16, PARAGRAPH ( 31) OF ORDINANCE 41-89, CHANGING THE COMPOSITION, TERMS OF OFFICE, AND QUORUM OF THE BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS Moved by Councilor Palmer that Ordinance No. 14-90 be passed. tl 429 Item 9e Cont'd Motion seconded by Councilor Lam. Mr. McKinneynoted that this is a very good balance for Y this board. Councilor Lam agreed that it is, and commended Mr. McKinney for a good job in researching and bringing this to the Council. He encouraged citizens to apply for 9 membership on this board, and he would hope present members will want to continue. Mr. Berzina explained the present and future membership requirements, stating it seems to give a broader based representation to the board. Further discussion continued on the duties and responsibilities of the board. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None The City Council recessed at 9 : 55 , and reconvened at 10: 10 a.m. Item 10a RESOLUTION NO. 51-90 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD AND THE CITY OF WICHITA FALLS, TEXAS FOR FUNDING A FEASIBILITY STUDY FOR A FLOOD PROTECTION PLAN FOR THE MAIN BRANCH OF PLUM CREEK Moved by Councilor Kirkham that Resolution No. 51-90 be passed. Motion seconded by Councilor Thompson. Councilor Buffum asked if there were enough funds for environmental and fish and wildlife studies? Mr. Bonnett explained that because they are working with two distinct groups it is a difficult study, but it is a feature they will have to work with. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None I 430 Item 10b RESOLUTION NO. 52-90 RESOLUTION MODIFYING RESOLUTION 97-86 TO BRING IT INTO COMPLIANCE WITH PUBLIC FUNDS INVESTMENT ACT OF 1987, AND THE RECENT CHANGES FROM THE 71ST TEXAS LEGISLATURE IN SENATE BILL 1342, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS IN COMPLIANCE WITH THE AUTHORIZED INVESTMENTS HEREIN Moved by Councilor Palmer that Resolution No. 52-90 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 10c RESOLUTION NO. 53-90 II RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE TEXAS TREASURY SAFEKEEPING TRUST COMPANY, COMMONLY CALLED "TEXPOOL" , A PUBLIC FUNDS INVESTMENT COMPANY Moved by Council Thompson that Resolution No. 53-90 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 10d RESOLUTION NO. 54-90 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO THE ESTATE OF ADDIE BANDY, DECEASED, FOR ANY INTEREST OWNED BY THE CITY TO AN IRRIGATION CANAL EASEMENT ACROSS A PORTION OF BLOCK 12, KEMP AND NEWBY SUBDIVISION Moved by Councilor Buffum that Resolution No. 54-90 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. 431 Item 10d Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item lla Robert Parker reported to the Council on the proposed bus routes, stating they will try it for 90 days, and if it is not satisfactory, they can change it. They plan to implement it within 60 days. The Council commended the staff for sensitivity to the needs of the people. Item llb A report was made by the Long Range Financial Planning Committee consisting of Councilors Palmer, Lam, and Farabee. (See attached) They noted the necessity for a one-half cent sales tax to be used solely for economic development, stating that this type of funding helps to recruit industry, create jobs, and maintain those already available. It will also help the City to become more aggressive in competition with other cities who have already adopted this sales tax. A non-profit corporation would be formed to handle the money, under the five-member board appointed by the City Council. The board may be dissolved by a majority vote of the citizens. Directors may be removed with cause. The Council retains complete control over the directors, and the handling of these funds. Moved by Council Palmer that the regular agenda of the next Council meeting contain a resolution that will authorize the Council to present this to the voters at the election to be held the first Saturday in May. Motion seconded by Council Farabee. Curtis Smith supported this recommendation and action. Mayor Goolsby stated that every person will benefit in the long run from this economic development tax. Low income persons will probably be helped most by providing jobs for them. Other Council members agreed. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item llc Mike Bradshaw urged the Council to accept the offer of the owners of the Sears Building, with the connecting block along Tenth and Eleventh with the Activities Center. Mayor Goolsby stated he is convinced this is a very generous offer, but if the Council is to demonstrate good 432 Item 11c Cont'd faith, they must take a look at the proposal as it relates to the City. The City Manager and City Attorney were directed to bring back a proposal for study and review. It is their concern to find out if it is in the best interest of the City to acquire the land. A list of some possible re-uses of this property was also requested. Mrs. Frankye Durkee appeared regarding lights on the Emanuel Davis overpass. Council Thompson explained what was happening in this area. Mr. Parker stated this is a state project, not a city project. Councilor Kirkham requested that the City look at some bridges and culverts which are stopped up along the old Iowa Park Road and Sunset Lane, and the flooding in that area. He also asked that the smoking ordinance be reviewed again to get more teeth in it regarding smoking in the buildings. Councilor Farabee commended Mr. Bonnett for his address on the Holliday Creek plan, and members of the Library Planning Committee for their work. Councilor Palmer expressed appreciation to the Council for their support on the economic development tax. Councilor Buffum thanked volunteers in various areas of our city, especially those connected with the Boys Club basketball. Mayor Goolsby noted the positive attitude on the Council this morning. He also recognized Wayne Coffman and his wife in attendance. Item lle Mr. Berzina urged that citizens keep an open mind on the economic development tax before they vote, and make an informed decision. Jan Stricklin and Don Foster, Chairman of the Commission on Disabilities, presented a certificate for affiliation with the Texas governor' s committee for disabled persons. He will be attending a leadership conference in Corpus Christi, and requested travel funds for next year for the Commission on Disabilities. Mr. Foster also noted the resignation of Stan Tidwell because of health. i r 433 Item lle Cont'd Mr. Berzina noted that the new director of the National League of Cities is wanting to get more input from cities of our size, which should benefit us. The City Council adjourned at 11: 50 a.m. PASSED AND APPROVED this oYG/z-'day of i 1990. Perry G olsby, ayo ATTEST: J., 1 � Wilma J. Thomas, CMC/AAE City Clerk z , --�,� TO: ALL CITY COUNCILORS FROM: LONG RANGE FINANCIAL PLANNING COMMITTEE The Long Range Financial Planning Committee, made up of Councilors Bill Palmer, Michael Lam and David Farabee, have been meeting weekly to study the long range needs of the City and possible means of financing those needs. This is our first report to the City Council as to our findings and our recommendations. We have chosen 4 topics to study. Some, or all , may require funding in the near future. These are: 1 . Library Report. . 2. Employee Benefits Task Force Report. 3. Economic Development, and 4. Capital Improvement Program. At a meeting in early January, this committee decided to focus our attention to Economic Development first. This is a critical area if the City is to progress and grow and we made this our #1 priority. This committee will soon start studying the Capital Improvement Program, including the Library Report when it is completed, and we hope to finish our work in May or early June. The Employee Benefits Task Force continues its study and hopefully their report to the Council will be timely with our other studies. We are aware of the shrinking, or at best the stagnent Property Tax Base which is our largest source of City Revenue. This situation is indicated by the no-growth posture that our city is experiencing. The continued effects of such a situation are obvious and undesirable. We must find ways to foster growth in our existing Industries and to help bring new Industries into town that will create new ,fob opportunities. It is obvious that when new jobs are created, our population grows and more people share in the burden of paying for our local Governments and our Schools, thus lowering the Tax rate for all citizens of Wichita Falls. Unfortunately, fewer and fewer Industries are wanting to relocate and more and more cities are going after the few that are willing to move. Competition for these new Industries has become fierce and we believe that Wichita Falls has not positioned itself to be a major player in this quest to attract these industries. The State Government has recently ammended a Law that now allows Cities of our size to propose to the Voters the passage of a %(r Sales Tax increase to be used pxc usi ve_j for Economic Development. If the Voters approve this, it the State Law is t rnhow to these the use of must these funds.controlled The dLaw provides stringers restrictions as states: 1. An Economic Development Corporation, a non-profit Corporation, licensed by the State, must be formed. - 1 - 2 A 5 person Board of Directors must be appointed by the City Council to manage this Corporation. These Directors serve as volunteers and do not draw a Salary from this fund. 3. As this Sales Tax is collected by the City from the State, it is immediately transferred to the control of the Economic Development Corp. and they are accountable for the proper handling and disbursement of these funds. The City Government will not have access to this money and it will be controlled 100% by an independant Corporation, the Economic Development Corp. 4. No more than 10% of this fund may be used for promotional purposes. 5. Some of this fund may be used to pay for a Manager and staff when needed and when approved by the Board of Directors. 6. The balance of this fund: a. May be kept in a Bank to be available when needed. b. May be used to pay the Principal and Interest on any Bonds sold by the Corporation. Bondholders, however, do not have the right to demand payment from Tax proceeds in excess of those collected from this Ya(t Sales Tax. C. May not be invested in a facility whose primary purpose is: Transportation, sewage or solid waste disposal , air or water pollution control , or furnishing water to the general public. However, these facilities may be provided to benefit property acquired for a project having another primary purpose. te The sole purpose of the Economic some of ourepresent jobs. will New be jobs can help onlyabe new jobs and/or help save created in one of three ways: 1 . Bring in new Industries from outside this area. 2. Help our present Industries expand. 3. Encourage start-up of new Industries by local people. If this issue is approved by the Voters, the Board of Directors will work with other recruiting agencies presently in place, namely the B. C. I . , and will not duplicate or eliminate oin their cr recruiting efforts. andTis no purptocreatedse of hto Fund is to strengthen our position compete with our present recruiters. ent Amarillo and Abilene have already thessehave their an unfairmiadDantagem over Sales Tax increase and at this Y recruiting efforts made by Wichita Falls. This places us in a mo if re precarious position than ever andwefeel that insome thisnsearch must bforh ed newjob Wichita Falls is to become a �jor player opportunities. 2 - The Bylaws of the Development Corp. of Abilene contains certain controls and restraints which we feel are important. These are: 1. The Mayor shall appoint the Directors of this Corp. with the approval of the City Council . 2. Any Director can be removed from office at any time by the City Council by a vote of Five (5) Councilors. 3. The Board shall be regularly accountable to the City Council for all activities and semi-annual Reports must be made to the Council . 4. Monthly Reports of proposed dispersal of funds for anticipated projects shall be made to the City Council . If any 2 Councilors, or the Mayor and 1 Councilor, requests Council consideration, then dispersal of the funds cannot be made without the majority approval of the City Council in open session. These Bylaws place the Economic Development Corp. reportable to the City Councilors, who in turn are reportable to the citizens of Wichita Falls. Thus the ultimate control over this fund rests with the citizens who provided it in the first place. Therefore this Long Range Financial Planning Committee recommends that at the next Council meeting we consider a Resolution, in the Regular Agenda, that will authorize the City Council to present this Sales Tax increase of ft to the Voters of Wichita Falls in the General Election to be held the first Saturday in May. This additional Sales Tax will provide approximately $3, 500, 000 annually for The Economic Development Board of Directors to work with. This would provide a great amount of flexability for them to use when when recruiting new Industries for our area & we further feel that this is a very necessary Sales Tax increase if our city is to be competitive in these efforts. This report approved by and submitted by: Bill Palmer Michael Lam David Farabee 3 -