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Min 03/20/1990 i 434 Wichita Falls, Texas Memorial Auditorium Building March 20, 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 John Payne, All Saints Episcopal Church. A silent prayer was also offered in memory of Dr. D. L. Ligon. Proclamations were presented by Mayor Goolsby for Professional Social Work Month, Red River Optimists, and Sunrise Optimist Clubs. Item 3 Moved by Councilor Buffum that minutes of the meeting held March 6, 1990, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Items 4a - 8i Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by Councilor Buffum, and carried unanimously. Item 4a ORDINANCE NO. 15-90 ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING AND ABANDONING A PORTION OF A SANITARY SEWER LINE LOCATED WITHIN LOT 1, BLOCK 1, SIKES SENTER ADDITION, WICHITA FALLS, TEXAS; AUTHORIZING THE CONVEYANCE OF THE PORTION OF THE EASEMENT CLOSED AND VACATED TO THE FEE OWNER; FINDING AND DETERMINING THE MEETING THAT THIS ORDINANCE IS PASSED WAS OPEN TO THE PUBLIC IN ACCORDANCE WITH THE LAW 435 Item 4b ORDINANCE NO. 16-90 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 0720-077-0100 Item 5a RESOLUTION NO. 55-90 RESOLUTION AUTHORIZING THE CITY MANAGER AND WICHITA FALLS POLICE DEPARTMENT TO APPLY FOR SECOND YEAR FUNDING FOR CAMPUS DRUG ENFORCEMENT OFFICER Item 5b RESOLUTION NO. 56-90 RESOLUTION AUTHORIZING POLICE DEPARTMENT TO SUBMIT GRANT PROPOSAL TO THE CRIMINAL JUSTICE DIVISION FOR CONTINUATION OF THE NARCOTICS INFORMATION MANAGEMENT SYSTEM PROJECT Item 5c RESOLUTION NO. 57-90 RESOLUTION APPROVING REFUND OF OVERPAYMENT OF PROPERTY TAXES ON ACCOUNT #8889-000-2974 Item 6a RESOLUTION NO. 58-90 RESOLUTION AWARDING CONTRACT TO PLANTLAND INDUSTRIES FOR ANNUAL FLOWERS Item 6b The bid for an annual supply of lubrication products was awarded to Trans Chemical Distribution Company in the amount of $41, 921. 80. Item 6c RESOLUTION NO. 59-90 AWARD OF BID TO BOBBIE D HAYNES CONSTRUCTION FOR THE HAMILTON BOULEVARD DRAINAGE PROJECT Item 7a RESOLUTION NO. 60-90 RESOLUTION TO ACCEPT LYNWOOD WEST SANITARY SEWER IMPROVEMENT PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Item 8 Minutes of the meetings of the following boards and commissions were received. 436 Item 8 Cont'd a. Traffic Safety Commission - February 7, 1990 b. Plumbing and Mechanical Board of Adjustments and Appeals - February 19, 1990 C. Wichita Falls/Wichita County Public Health Board - February 23, 1990 d. Library Advisory Board - February 27, 1990 i e. Human Relations Commission - February 27, 1990 f. Mayor' s Commission on Status of Women - March 1, 1990 g. Library Planning Committee - March 1, 1990 h. Commission on Disability - March 5, 1990 i. Human Relations Commission - February 27, 1990 Item 9a ORDINANCE NO. 17-90 ORDINANCE AMENDING SECTION 29-154 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE IMPOSITION OF FINES FOR PARKING METERS Moved by Councilor Palmer that Ordinance No. 17-90 be passed. Motion seconded by Councilor Lam. A lengthy discussion centered around the Judge' s authority to set fines up to the maximum authorized by the City Council. Mr. Humbach explained that a parking fine is not criminal or penal in nature. This procedure would save administrative costs. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Palmer, Buffum and Kirkham Nays: Councilor Thompson Item 9b ORDINANCE NO. 18-90 ORDINANCE AMENDING CHAPTER 18, ARTICLE IV OF THE CODE OF ORDINANCES FOR THE REGULATION OF WEEDS, RUBBISH AND UNSANITARY MATTER Moved by Councilor Kirkham that Ordinance No. 18-90 be passed. Motion seconded by Councilor Palmer. Mr. McKinney recommended that the maximum fine be changed from $500 to $200 because the City could lose some money due to the fact that more would have to be remitted to the State. The present fine is $80. 00. Moved by Councilor Kirkham that the fine in Section 18- 51 be amended to $200.00. 437 Item 9b Cont'd Motion seconded by Councilor Buffum, and carried unanimously. The change regarding proof of notification was also discussed. Mr. Berzina explained that Courts are holding that property ownership is sufficient for this procedure. Mr. McKinney explained that some of the old antiquated language in the ordinance was taken out. Fire hazard of undeveloped land was noted as a problem. Councilor Kirkham suggested that a fire break should be studied. The motion carried by the following vote: Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 9c ORDINANCE NO. 19-90 ORDINANCE FROM THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ORDERING THAT A PROPOSITION QUESTION BE PLACED ON THE BALLOT FOR THE GENERAL ELECTION TO BE HELD MAY 5, 1990, FOR VOTERS' CONSIDERATION CONCERNING THE PROPOSITION OF ADOPTING ADDITIONAL SALES AND USE TAX FOR ECONOMIC AND INDUSTRIAL DEVELOPMENT Moved by Councilor Thompson that Ordinance No. 19-90 be passed. Motion seconded by Councilor Kirkham. Councilor Palmer addressed this matter, stating that Senate Bill 971 permits cities and counties with a certain population to allow citizens to increase sales tax by one- half cent for economic development. Our tax base continue to go down. Fewer industries are wanting to relocate and expand, and the competition for these industries is very competitive. Wichita Falls has not positioned itself to be a major player in attracting these new industries. Abilene and Amarillo have already passed this tax, and have an unfair advantage over Wichita Falls. If voters approve passage of this sales tax, the City will immediately establish a non-profit corporation, and get a state charter. The Council will appoint a five-person unpaid Board of Directors. Their purpose will be to increase jobs. It will generate 3 . 5 million per year. This fund will give the BCI some relief in their recruiting efforts. Controls over this money will be provided under state law. It will be used for economic development, not for general revenue of the City. This Board of Directors will be authorized to sell revenue bonds. The income from tax will be the only money that can be applied in paying off these bonds. A sunset clause on this would eliminate the Board' s authority to sell bonds over a long period of time. It would materially change the purpose for which this law was written, and would severely hamper this Board of Directors. Ten percent of the voters could call for a vote by petition, or the Council can call 438 Item 9c Cont'd for an election to eliminate the board which would eliminate the tax. The Comptroller' s office has said that one of the first things that firms outside the state are asking for is a list of cities who have passed the economic development tax. They are looking for some financial aid, and this would certainly help our economic development here. Councilor Farabee commented on expansion of Arctic Ice here, noting that the common thread missing in new or expanded business is the capital to begin. We are talking ` about providing working capital that is needed. William C. Young, 1018 Widows Lane, supported this additional sales tax, along with periodic review. Councilor Palmer stated that in the Articles of Incorporation they are encouraging that a clause be put in to permit the Council to remove any director who is not performing satisfactorily, and get a new director. He also agreed on the review of it. Mr. Berzina explained that in talking with seven other cities and the State Department, there is a wide range of opinions on the type of people who should sit on the board. Citizenship, management experience, experience in commercial and economic development, having served as chief officer of an executive corporation, etc. , were mentioned. The Council should concern itself with finding people who can analyze proposals presented. The Council can reserve final approval of how the money is spent. It will be up to the Council to determine qualifications of board members. Mayor Goolsby commented that with the economy as it is today, the oil source of revenue is not available today. He noted this is the only chance we have of raising money to recruit new or expanded industry. The industries are requesting information on who has enacted the economic development tax. Mr. Berzina explained that the tax would go into effect October 1, 1990, in Wichita Falls. Moved by Councilor Farabee that Section 2 of the ordinance be amended to change the effective date to October 1, 1990. Motion seconded by Councilor Kirkham, and carried unanimously. The motion for passage of the ordinance, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item l0a RESOLUTION NO. 61-90 RESOLUTION APPROVING GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR' S OFFICE FOR RADIO EQUIPPED NEIGHBORHOOD WATCH FOOT PATROL PROJECT 439 Item 10a Cont'd Moved by Councilor Palmer that Resolution No. 61-90 be passed. Motion seconded by Councilor Thompson. Jim Shelton explained that equipment is involved in this grant, and not personnel. Only one neighborhood will be involved because it has to be specified. They can, however, apply for other neighborhoods in the second year if this is successful. Response time will be improved. 1 The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam Thompson, Palmer, Buffum and Kirkham Nays: None Item 10b RESOLUTION NO. 62-90 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR EMERGENCY SHELTER GRANT FUNDS AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY' S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE EMERGENCY SHELTER GRANTS PROGRAM Moved by Councilor Buffum that Resolution No. 62-90 be passed. Motion seconded by Councilor Kirkham. Councilors Thompson and Farabee both excused themselves from participating or voting on this matter because of conflicts of interest. The Council recessed at 9: 45, and resumed at 10: 00 . Councilor Buffum asked if there are other non-profit organizations which should be brought into this program? Mr. Dockery stated these ar the two agencies they have worked with, and he knows of no others who would qualify under this program. He reviews the expenditures. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Lam, Palmer, Buffum and Kirkham Nays: None Item 11a RESOLUTION NO. 63-90 RESOLUTION AWARDING CONTRACT FOR PURCHASE OF A PLAYGROUND STRUCTURE FOR BRIDWELL PARK TO MODLIN RECREATION EQUIPMENT, INC. 440 I Item lla Cont'd Moved by Councilor Buffum that Resolution No. 63-90 be passed. Motion seconded by Councilor Thompson. J.B. Holt opposed the award of the bid to Modlin because three items were left off his bid which were specified. Jack Murphy confirmed that three items were left off, but the cost of them on the market would be less than the second low bid. A lengthy discussion followed on the merits of the market prices versus the published catalog prices. Marion Weir, Park Board Chairman, stated they would prefer the wood theme for the park. Sunny Davidson agreed that they chose the wood for the environment. Many differing opinions were expressed and addressed in the discussion of this bid. Councilor Palmer called the question. It was seconded by Councilor Buffum, and carried unanimously. The motion for passage of the resolution carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Buffum and Kirkham Nays: Councilors Lam, Thompson, and Palmer Item 12a It was brought to the attention of the Council by Jan Stricklin that two members of the Commission on Disability had been unable to attend meetings. It was agreed that they would be considered as having resigned. Item 12b Vernal L. Huffines presented the annual audit report to the Council. Item 12c William C. Young, 1018 Widows Lane, complimented the Council on a job well done, stating he would miss Mayor Goolsby. Sammy Pratt, 1506 Red Fox, again requested that the basketball court in East Lynwood Park be moved. He cited the same type of problems as had been expressed previously. He also mentioned no parking signs in front of homes in the 1400 block of Borton Lane. He expressed discrimination. 441 Item 12c Cont'd Councilor Buffum noted positive things which were happening for East Lynwood, such as extending Red Fox to Maurine. Mr. Berzina emphatically expressed that he and his staff resent the charge of discrimination being made. Mayor Goolsby suggested that the East Lynwood neighborhood come to the Council with a request as to what they want. Louis Esquibel, 1317 North 6th, stated that he would like to serve on a city board. It was suggested that he update his application. He also expressed ideas for a water slide and a walkway across the expressway to hotels and motels. Herschel Kincaid, 2003 East Scott Street, addressed problems with a certain valve which might be used in a project which would be opened for bids later today. He asked if he could bid on it, and Mr. Humbach explained that the Council cannot take any action on his request. If he wants to submit a bid without proper specifications, then it will be opened with the others. John Sullivan, 4814 Bonny Drive, addressed problems of oversize vehicles parking in his neighborhood. He wanted to know who enforces this ordinance. Mr. McKinney explained that the police will write a ticket if it is parked on public right-of-way. Mr. Berzina stated that he will get an answer for him. Mr. Sullivan also asked about the possibility of other access into this area, and the need for a stop sign on Bonny Circle. Councilor Buffum explained that the State owns the highway from which access would have to come. The need for a center street line in the neighborhood was also mentioned. The City Council recessed at 12 : 25 p.m. , and reconvened at 1: 05 p.m. Item 12d Councilor Thompson addressed the Borton Street situation that Mr. Pratt mentioned. He noted that the street needs to be widened, as well as speed limit signs. He suggested we look at the possibility of inquiring whether the Sociology Department at MSU would consider doing a study as to what we should do about East Lynwood. He would like to know for sure how the residents feel. i 442 Item 12d Cont d Councilor Kirkham complimented the clean-up effort in District 5. He again recited the need for doing something to prevent flooding in that area. t _ _ Councilor Buffum asked about the Hamilton Boulevard drainage problem. Mr. Bonnett explained the project should begin within the next month, and the contractor has 100 days to complete it. This project is possible because of the Holliday Creek project. Councilor Lam asked about installing lights in Kiwanis Park behind Stanford Street. He also requested information as to where we are on the train museum. Mr. Berzina noted that these people indicated they would like to re-open negotiations. Councilor Lam pointed out that a local savings and loan has been taken over by a governmental agency, stating there is now only one locally owned loan company in Wichita falls. We are talking about deposits being taken out of town. We will find ourselves paying higher rates, and having to go somewhere else for our loans. Item 12e Mr. Berzina complimented Jan Stricklin and Joyce Love on the quality of the printing of the Financial Report, stating this was a $2, 000 savings over last year on this one document. It appears that the turn-around time and cost savings are both significant. Item 12f The City Council recessed into executive session at 1: 27 p.m. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 3 : 32 p.m. Item 12g Moved by Council Thompson that the City Manager be authorized to proceed with negotiations for purchase of the Sears Building for a not to exceed cost of $250, 000. Motion seconded by Councilor Buffum, and carried unanimously. Mayor Goolsby noted that Mr. Berzina has been authorized to speak for the Council on their behalf. 443 Item 12h Moved by Councilor Kirkham that the following be appointed to a Steering Committee on the one-half cent sales tax for economic development. 1. Perry Goolsby, Chairman 12. Jeff Hogue 2. Ray Clymer 13 . Harold White, Sr. 3 . Jim Lonergan 14 . Wayne Tarkington 4. Curtis Smith 15 . Gale Richardson 5. Leo Lane 16 . Jim Welburn 6. Jim Miles 17 . Leslie Carnine 7. Rebecca Lanmon 18. Jim Brackett 8. Lindsey Walker 19. Dr. Yoshi Fukasawa 9. Rupert Rodriguez 20 . Eddie Patton 10. Joe Mike Pistocco 21. Noros Martin 11. Willis Cunningham Motion seconded by Councilor Buffum, and carried unanimously. Moved by Councilor Kirkham that the Chairman be authorized to appoint sub-committees and additional members as he sees the need to do so. Motion seconded by Councilor Palmer, and carried unanimously. Moved by Councilor Kirkham that the following ex- officio members be appointed to the steering committee on economic development tax. 1. Don Kirkham 6 . David Farabee 2. Ron Buffum 7 . Gregory Humbach 3 . Angus Thompson 8. Jim Berzina 4. Bill Palmer 9. Ron Mertens 5. Michael Lam Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 3 : 42 p.m. PASSED AND APPROVED this - day of 1990. Perry Go lsby, May r ATTEST: Wilma J. Thomas, CMC/AAE City Clerk