Loading...
Min 02/26/1980 i 430 Wichita Falls, Texas Memorial Auditorium Building February 26, 1980 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls , Texas , met in called 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. Curtis Smith Mayor Pro tem Marvin Traywick John Hampton Carol Russell Aldermen Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Kenneth Hill Absent The invocation was given by Alderman Traywick. Item 3 Moved by Alderman Thomas that minutes of the meeting held February 19, 1980, be approved. Motion seconded by Alderman Adcock, and carried unanimously. Item 4a A proposed ordinance was presented extending the state of emergency. V'ORDINANCE NO. 3617 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Thomas that Ordinance No. 3617 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays : None Item 4b A proposed appropriation ordinance was presented in regard to settlement costs of an easement acquisition for Lake Kemp. /ORDINANCE NO. 3618 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WEST TEXAS ELECTRIC FUND TO ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3618 be passed. Motion seconded by Alderman Hampton. Alderman Russell reminded the Council that the intention of the West Texas Electric Fund was to be reserved for future water development. The motion carried by the following vote. 431 Item 4b, cont'd. Ayes : Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays : None Item 5a A proposed resolution was presented determining the necessity for acquiring certain land for Midtown 2000 plan. It was clarified this property was for the Human Resource Center. RESOLUTION NO. 2466 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR A "MIDTOWN 2000" IMPROVEMENT PROJECT, AUTHORIZING EMPLOYMENT OF APPRAISERS, AND ESTABLISHING LAND ACQUISITION POLICY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1 . It is necessary to acquire the following described tracts of land for the "Midtown 2000" improvement project under the Community Development Block Grant Program, to wit: All of Lot 13, Block 98, Original Townsite of Wichita Falls , Texas. SECTION 2. The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the "Midtown 2000" improvement project. SECTION 3. The following procedures shall be used in the acquisition of properties for the "Midtown 2000" improvement project, the objectives of which are to insure that uniform, fair and equitable treatment be afforded persons displaced as a result of this federally assisted project, to encourage and expedite acquisition by agreements with property owners to avoid litigation and relieve congestion in courts, to assure consistent treatment for owners of real property to be so acquired, and to promote public confidence in federal land acquisition: A. The City shall make every reasonable effort to acquire such real property expeditiously by negotiation. B. Real property shall be appraised before the initiation of negotia- tions, and the owner or his representative designated in writing shall be given an opportunity to accompany the appraiser during his inspection of the property. C. Before the initiation of negotiations for the acquisition of such real property, the City shall offer to acquire the property for the full amount so established, which shall be not less that the approved appraisal of the fair market value of the property. The owner shall be provided with a written State- ment of the Basis for Determination of Just Compensation. If only a portion of the property is acquired, the Statement shall make an apportionment between the compensation for the property acquired and the net damages or benefits to the re- maining property. D. If the acquisition of a portion of a property would leave the owner with an uneconomic remnant, the City will offer to acquire such uneconomic remnant. E. If the owner is not satisfied with the City's offer, he may refuse to accept it; if he can provide evidence concerning value or damage that warrants a change in the City's determination of just compensation, the price will be adjusted accordingly by the appraiser. F. No owner shall be required to surrender possession of real property before the City pays the agreed purchase price, or deposits with the court in which the City has instituted a condemnation proceeding for such property, for the benefit of the owner, an amount not less than the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property. !' 432 Item 5a, cont'd. G. The City shall furnish the owner a statement identifying the settlement and related costs that will be paid by the City. H. The construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation, without at least 90 days written notice from the City of the date by which such move is required. However, shorter notice may be given where HUD determines that such 90 day notice is impracticable. I. If arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termination by the City on shorter notice, the rental will not exceed the lesser of (1 ) the fair rental value of the property to a short-term occupier, (2) the pro rata portion of the fair rental value for a typical rental period, or if the owner or his tenant is an occupant of a dwelling, the rental for such dwelling shall not exceed 25% of his income. J. The City shall not advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action which is coercive or misleading in nature in order to compel an agreement on the price to be paid for the property. i K. If any interest in real property is to be acquired by the exercise of the power of eminent domain, the City shall institute formal condemnation proceedings to prove the fact of the taking of real property. L. In any case in which a notice is served by the City of its intention to acquire real property, initiation of negotiations shall occur within 90 days of the service of such notice of intention. Moved by Alderman Thomas that Resolution No. 2466 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes : Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item 5b A proposed resolution was presented approving appraisals , and authorizing purchase of property in Midtown 2000 project. RESOLUTION NO. 2467 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES AND PAYMENT OF RELOCATION EXPENSES FOR THE MIDTOWN "2000" PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for the Midtown Improvements Project; and, WHEREAS, such property has been appraised by an independent appraiser employed by the City for this purpose, and the amount of the appraisal has been studied by the Board of Aldermen, and a copy of same is now in possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following property in Wichita Falls, Texas: MIDTOWN IMPROVEMENT PROJECT Lot 13, Block 98 Original Townsite, Wichita County, Texas. Total of value approved in this resolution--------------------------$8,480.00 I 433 Item 5b, cont'd. Section No. 2 The approved value of such property is hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tract of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tract is the value as determined by the appraisal made by the independent appraiser referred to above. Section No. 3 In addition to the purchase price provided for in Section No. 2, if the acquisition of such property makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b Revised Civil Statutes of Texas. Section No. 4 In the event the City Manager is unable to purchase such tract for such approved value he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls, Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Moved by Alderman Thomas that Resolution No. 2467 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item 5c A proposed resolution was presented authorizing the City Manager to execute contract with Interfaith Disaster Services, Inc. to administer Discretionary Grant Program and approving administrative work plan for operation of program. RESOLUTION NO. 2468 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN ADMINISTRATIVE PLAN TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE EXPENDITURE OF FUNDS UNDER TITLE I, SECTION 107(h) , AS AMENDED, OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH INTERFAITH DISASTER SERVICES, INCORPORATED, OF WICHITA FALLS, TEXAS, FOR ADMINISTRATION OF THE REHABILITATION OF HOUSING UNDER SAID PLAN. WHEREAS, the Board of Aldermen authorized the City Manager to file an application with the Department of Housing and Urban Development for disaster assistance funds under Title I , Section 107(h) , as amended, of the Housing and Community Development Act of 1974; and, WHEREAS, the Department of Housing and Urban Development has conditionally approved the application for funds pending the submission of an administrative plan for the expenditure of said funds; and, WHEREAS, an administrative plan has been prepared and is attached hereto; and, WHEREAS, said application identified 330 families in Wichita Falls requiring housing rehabilitation assistance; and, WHEREAS, Interfaith Disaster Services, Incorporated of Wichita Falls has been providing disaster assistance, including housing rehabilitation to the disaster affected population of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: The administrative plan for the expenditure of funds under Title I , Section 107(h) , as amended, of the Housing and Community Development Act of 1974 434 Item 5c, cont'd. is hereby approved, and Gerald G. Fox, City Manager, is authorized to submit said administrative plan to the Department of Housing and Urban Development. Further, Gerald G. Fox, City Manager, is hereby authorized to execute a contract with Interfaith Disaster Services, Incorporated of Wichita Falls for the administration of housing rehabilitation assistance in accordance with said administrative plan. Moved by Alderman Hampton that Resolution No. 2468 be passed. Motion seconded by Alderman Russell . Mayor Pro tem Smith asked if the SBA has agreed to this since they are doing some work? Director of Planning Roger McKinney stated the SBA has given letters of assurances that they will cooperate with the program. Alderman Thomas asked if there was a time limit on investing the $2,000,000? The City Manager stated it should be used within the 18-month time period; however, the contract is only for one year. It was pointed out this is available to owner-occupants and not to people who are renting. Alderman Thomas asked since the contract refers to volunteer labor, is there any provision for having paid, professional help or hiring experienced supervisors? City Manager Gerald Fox stated that staff people could be charged to the grant. Roger McKinney, Director of Planning, stated there are also code enforcement personnel to help if necessary. It was clarified that extra costs incurred by the City would be charged to the grant. The City Manager stated the IDS has already started on the volunteer labor list. Alderman Thomas asked if he sold his slab and this program came along, could he buy another slab and use this program? The City Manager stated he could if he met the other requirements. Alderman Thomas asked under what circumstances would a mechanic 's lien be waived? A security agreement is our only protection from having the house built and kept from selling the next day. Alderman Thomas asked if someone could have applied for an SBA loan, but decided not to wait in line, could they still make application now? The City Manager stated if SBA changes their policy and re-opens the application, then we would take their application if they are qualified. Alderman Thomas asked if the City would go out for bids on the materials? The City Manager stated IDS would be responsible for making the purchases. The City will be monitoring it to make sure we are getting the best materials for the best prices. Alderman Hampton stated under no circumstances would we be building any homes that are in violation of any City ordinances. That is going to be checked. Alderman Traywick asked about the small sum allocated on the sanitary landfill and if there were any extraneous requirements on this? Roger McKinney, Director of Planning, stated we have to get a certification of need and do some environmental analysis, which is part of the certification process. The City Manager stated if a complete environmental assessment procedure is imposed, the City will withdraw. The City Manager also stated the regional office has approval on the administrative plan. The motion carried by the following vote. i 1 } I pi 7 a 435 Item 5c, cont'd. Ayes: Mayor Pro tem Smith, Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays : None Item 6a The public hearing on the proposed comprehensive zoning ordinance was opened. Mayor Pro tem Smith stated the final decision is scheduled to be made on March 4. No final decision would be made today. The decision is based on facts and not emotion. The Council values everyone's attendance and their input. Mrs. L. M. Hamlin, 2118 Fleming, appeared stating that as residents of Faith Village, Unit III , they request the Council to pass the proposed zoning ordinance. Zoning is needed in Wichita Falls. Here is a chance to better Wichita Falls by passing the zoning ordinance. John Huff, 2309 9th, appeared stating this would infringe on two Supreme Court decisions on the right to work for people who are poor and underprivileged. If this area was rectified or corrected, we would support the proposed zoning ordinance as such. City Attorney H. P. Hodge stated to zone an existing business out would take a long time. Alderman Traywick asked if the cases Mr. Huff mentioned were dealing directly with zoning? Mr. Huff stated they were dealing with the inalienable rights, the right to work. Mr. Huff stated he has not read the proposed ordinance, but has talked with the City Attorney and was told the proposed zoning ordinance could zone people out of business. Mayor Pro tem Smith stated that was not the intent of the pro- posed ordinance. Director of Planning Roger McKinney read three conditions for non-conforming businesses. Mayor Pro tem Smith stated once a non-conforming business is abandoned, it would revert back to the original zoning. Mr. Huff stated he objected to the proposed zoning ordinance because the elderly and retired people could be run out of business. City Manager Gerald Fox stated if a retail store was built as a business in an area that is now listed as a multi-family district, it could continue to remain as a retail store as long as it does not cease its operation. If it ceases its operation, then it has to revert back to its conforming use. If a business is now occupying a structure originally designed as a residence within a commercial district, then that has to conform with the ordinance within a 10-year period, or an eight-year period if it's in a light industry district. Mayor Pro tem Smith suggested Mr. Huff obtain a copy of the proposed zoning ordinance and read it. It would ease his problem. Alderman Traywick read Section 604.3 from the proposed zoning ordinance regarding existing use. Gary Cook appeared stating he strongly endorses the proposed zoning ordinance. The element of cost is involved. The proposed ordinance requires the hiring of an additional person, but the fees required in the proposed ordinance would defray the cost. The City Attorney's staff would have to be more than doubled to deal with the violations. If this goes to a referendum, it would be an admission of a lack of leadership. The issue of zoning cannot easily be decided by the public because 90% of the public cannot sit down and read the 240 pages. The Goals for Wichita Falls Committee has been very timely in this issue. I am asking not only as a member of Wichita Falls Zoning Commission, but as a resident that the Council decide the issue of zoning. I 436 Item 6a, cont'd. Only the Council has the facts and authority to pass the proposed ordinance. Jackie Green, 1819 Wilson, appeared stating the job which brought her here was as staff executive with the BCI. She received a call from the Chamber of Commerce in Lawton regarding problems with their Zoning Commission, and the amount of time it took to get something through the Commission. It could take up to two years. She checked with the developers in Wichita Falls and found it took up to four months to get something through Planning. Mrs. Green stated this should be brought before the voters. The citizens have a right--in the form of a vote. Charles Harper, 2501 Amherst, appeared representing the Committee of Petitioners. He stated he has a positive note about the proposed ordinance. He finds very little in the proposed ordinance to argue against. There are two points he would like to see changed--the amortization of homes in the flood way, and the sign ordinance. Mr. Harper stated the newspapers said this proposed ordinance would take away individual rights ; he would like to know how that could happen. We need to have a plan. How can we expect to have our city grow without a plan? Comprehensive planning is all we have to keep our city from being a jungle. We of the Petitioner's Committee are not afraid of a vote. The people who have turned in their vote from the Goals for Wichita Falls have spoken. We ask you to enact this ordinance with some changes. J. C. Boyd, Jr. , Executive Director of Midtown Now, appeared. He stated Midtown Now had been asked for their opinion on this subject. When Midtown Now met, everyone agreed there should be some land use control . It was then decided that Midtown Now would not take any formal position on this. Andy Lee, Chairman of City Planning and Taxation Committee of the Wichita Falls Board of Realtors , appeared. His committee of seven members divided up into seven committees of 40 to 50 members to look at the proposed zoning ordinance. After going through 206 pages and getting ready for the public hearing, they received copies of the 30- to 40-page revisions and had not had time to look over the revisions. Mayor Pro tem Smith clarified the revisions were mostly because of typing errors and did not change the complexity. Mr. Lee stated the proposed ordinance was hurried. His concern was that his committee could not look into the zoning issue until it was presented to the Council . The proposed ordinance and the maps were frozen. The realtors were trying to educate the public. All realtors must know how that land is to be used. We have not had enough time, and cannot answer the questions of the people. Mr. Lee stated that the Wichita Falls Board of Realtors has taken a stand to bring the zoning issue up for a vote; however, their Board of Directors ' stand is they need more time for studying the proposed ordinance. If more time is not given for studying it, then they are coming out against zoning. He felt this zoning ordinance, with its flaws, does not comply with his own feelings of individual liberty. He is concerned for the small businessman. This issue needs to come up before the people. them.Mayor Pro tem Smith stated the time restraints were legally imposed upon Alderman Traywick asked Mr. Lee if the Board of Realtors felt that bringing this to a vote would make it more satisfactory. Mr. Lee stated everyone in Wichita Falls has a right to vote. If the proposed ordinance is not complete, it will be defeated. If a business is damaged 50% in a residential area, it cannot go back. Mr. Lee stated there is a car wash now in Faith Village. This was once a park, then the City sold the land, and forgot to put deed restrictions on it. It then became a car wash. The City Manager stated the deed restrictions would be viable if the City sold the property, or if Andy Lee, or another realtor sold it. 437 Item 6a, cont'd. City Attorney H. P. Hodge stated at one time there were many parks in the area, but they were too small to be used for parks. The City was asked to close the parks. The question was raised if the City Council could close a park. The issue was put on the ballot, and the voters elected to abandon them. The City did not sell that land. The City never owned the land and never sold the land. The City Manager asked Mr. Lee if his committee has come up with any alternatives; and, does the Board of Realtors feel there is a need for land use control , and what would they consider? Mr. Lee stated he felt the protective land use controls were fine. You can be protective with deed restrictions; however, being restrictive limits you by choice of doing something that you want to do. Mayor Pro tem Smith stated if Mr. Lee's committee has any specific ideas , he would like to see those changes submitted to the Council in writing. Alderman Hampton stated the purpose of the proposed zoning ordinance is to affect or benefit the citizens of Wichita Falls. It is fine when no one tells you what to do with your land, but it is ,a different story when you neighbor does something wrong. It takes a little give and take from everybody. City Manager Gerald Fox stated this has been under action since last October. The Board of Realtors has not taken a position on what kind of land use controls they want. Mr. Lee stated not all the Board of Realtors have had time to read this proposed ordinance. He personally is in favor of land use controls in some form or another, but not in the form of the proposed ordinance. Mayor Pro tem Smith stated he would like to see their suggestions. Karl King presented a request to allow a public vote on zoning. He stated that property is not only the physical evidence, but also the benefits of owning the house. He questioned whether property owners are being given due process when their property is taken away without a vote. He believes the property owners of Wichita Falls will accept the will of the people in a vote. He stated that the Council has publicly promised the citizens of Wichita Falls that they will have a chance to vote on this issue. He also stated that Mr. Hodge has suggested two ways of settling this matter by two inapplicable court cases. Mayor Pro tem Smith stated that the consensus of the two court cases had been that the zoning ordinance was so complicated that it could not reasonably be presented to the voting public. City Attorney H. P. Hodge, Jr. stated that the two cases which he found consider the question of an amended zoning ordinance, and not an original enactment. Carl Wyatt stated that as a small businessman he is not allowed to enlarge his business at the present location. He would like for the Council to consider some way in which a small business could be enlarged. He wonders if the Council has inquired about some outside legal advice on whether it could be brought up before the public? The Council explained that this would be very inappropriate because they have their own legal staff. Planning Director Roger McKinney explained that there are provisions for a property owner to appear before a Board of Adjustments and Appeals if he wants to enlarge his business as a non-conforming use. Mrs. Carl Wyatt stated that two years ago they bought two lots in Hillcrest with shacks on them, and built a nice building on them. They were hit badly by the tornado. They chose to go in debt for 30 years to rebuild, but if the building is blown away or destroyed by fire as much as 51 percent, they cannot rebuild, according to the zoning ordinance. What happens then to the 49 percent of the building? Mayor Pro tem Smith stated that he personally feels the percentage needs to be changed. Alderman Traywick stated that this is one of the points that concerns him most--of strangling a small business , and it not being able to expand. The Council stated that they would consider this matter. Mrs. Wyatt stated that their business is A-1 Sheet Metal on 38th Street. 438 Item 6a, cont'd. Chuck Dennis appeared, stating that he represents the 3rd generation of a business which was started in 1938. He also represents North Texas Home Builders Association. He stated that zoning would make him money. He stated that they own land which will be zoned commercially, and people will have to come to him to buy or rent. Mr. Dennis cited certain statistics which come from an outstanding zoning consultant. Zoning is a plan, and planning is not a science. There will be knowledgable people look at a piece of property and disagree as to its best use. It is subjective. Everything is subject to opinion. This zoning ordinance is a plan, but over the years it is changed by various individuals and groups. He feels something is wrong when citizens have to appear before a Zoning Commission and plead for their property. Why does Wichita Falls need zoning? Is it to prevent urban sprawl ? Do we need zoning to promote affordable rents? Zoning has reduced the supply of land for apartments , and has raised the rent. Do we need more development so that our city can grow? Zoning does not lend itself to competition. The small investor does not compete with the large investor. We want competition, and encourage it. Are we asking that this ordinance be adopted so that we can provide non-discrimination to our people? The best way to lower housing costs is to increase the supply. Zoning restricts this supply. If we had to walk to our stores for supplies, zoning would place them farther away from the houses. A zoning ordinance will take specilized services. In San Diego it takes the developer 32 years to prepare and receive approval on plans and specifications, 8 to 10 months to get the lot ready for sale, three months to build the house, and one day to sell it. What this zoning ordinance is doing is turning over to a select group of people the ability to control property in the city limits of Wichita Falls. De we need zoning to provide more housing to lower income people? For every 1000 new units there were 3500 relocations. Over one-third of these are created in the two lowest income levels. The greatest hope for improving the living conditions of the ill-housed poor, and relieving taxpayers ' burdens, is through the filtering process. What is the right mix of homes and apartments? Where and what kinds of businesses are to be allowed? The experts in this field do not have the ability to look into the future, and see what we need. We can only see what we need now. Back in the East when zoning ordinances were passed, supermarkets were not even on the scene. Fast food restaurants came in the 60's. They had a tremendous hindrance to overcome. Mr. Dennis believes there is only one system which has the wisdom of Solomon, and that is the free market system. It is impartial . It determines the highest and best use for each property. The consumer is the one who decides the proper use of property--not a Zoning Commission. He noted the presence of a service station for many years on the corner of Speedway. Foster Cathead is in a residential neighborhood. He does not believe that zoning is the solution, but it creates problems. We need to be responsive to the problems, but we should not over react. h Mr. Dennis offered various suggestions, as follows. (1 ) Take the history of zoning and learn from it, and we won't have a zoning ordinance. (2) Adopt reasonable nuisance ordinances so that offensive things do not crop up. (3) Adopt the authority for the City to sue or enjoin deed restrictions. (4) Withhold permits when needed if it violates deed restrictions. Mr. Dennis noted that he had secured a legal opinion from Jack Banner, copies of which had been presented to the Council . Alderman Thomas inquired if there is any way to re-establish deed restrictions after they have been violated? City Attorney H. P. Hodge, Jr. stated that he knows of no way that new life can be breathed into deed restrictions once they have been waived and are of no force and effect. Elvin Dudley, 2415 Merrimac, appeared as President of the Wichita Falls Board of Realtors. He asked why did they not have more input into the process? 439 Item 6a, cont'd. He stated that the Board of Realtors was not against zoning, and it is still not against it.' They would like to see the citizens of Wichita Falls vote on it. They did hire an attorney to seek his opinion. After the committee got into this ordinance and found so many things that the property owners cannot live with, the Board of Directors voted to request the Board of Aldermen to extend this in order to try to educate the public. They are not coming out against land use controls, and there is a difference. If this is not extended they will have to come out against zoning. He stated that he believes if the City had looked responsibly at the car wash property in Faith Village, they could have put some kind of restrictions on it. The City and the City Attorney have to enforce all the ordinances in the city. Not one has gone to court on deed restrictions since the tornado. He cited a place on Featherston as a business, but the owners said they were going to build a residence. The Board of Realtors has the expertise to help the City in coming up with solutions to some problems. He noted that one case had come up in Court, but it was for violation of a building permit. W, City Attorney H. P. Hodge, Jr. stated that they had a choice to prosecute either on deed restrictions or a building permit, and they chose to prosecute on the building permit. He feels the first case will say that deed restrictions have either been waived or not waived. A group of property owners has filed one suit, and he would hesitate to take a later case in court until the first one is settled. If the first case is won, it will be important as to how the other -cases go. He stated that the first case has been on file for quite some time. He has been relying on the other lawyer, but he will go ahead and get that first case off high center. Gary Swenson appeared as co-owner of Swenson and Henderson Realtors. He stated that basically he is for zoning; however, he is concerned in some of the same ways others have expressed. His support of zoning is conditional on seeing some kind of zoning enforcement which would permit his business to grow. People who come to him to do business are coming to him to buy existing properties. He would not want a fast food restaurant behind his house at 1611 Buchanan. Tax- payers will have to be confronted with the fact that it will cost them some money. He feels that people in more affulent areas owe something to those in lower income areas. He would restrict zoning to a residential area, yet there is Kemp Street and Southwest Parkway and other areas. He further stated that the sign ordinance has not been addressed today. He requested membership of some people in their business. Angus Thompson spoke on behalf of the Eastside Ministerial Alliance. They strongly support zoning. He stated that the lack of zoning does cost something. He mentioned junk yards which are unsightly, and spill over into the yards. He stated that the filtering process has not worked in Wichita Falls. Dub Dennis stated that the Homebuilders Association in years past has tried to get deed restrictions enforced by the City of Wichita Falls. It seems we have a limited legal staff. We can take care of that situation and give him more staff, as the Planning Department has received additional staff. Deed restrictions are very powerful . One point that probably has not been made is that change is going to take place with or_without zoning Zoning is another layer of government which is awfully hard to justify. Zoning will not automatically give anyone housing. It has to be handled in a different way. Zoning is not a cureall for all ills. Mr. Dennis stated that it is an injustice to say that the people of Wichita Falls cannot understand the ordinance to vote on it because they can. Jody McCall stated that she is a free lance journalist, and as a professional something has happened which disturbs her. At a professional engineers ' meeting, one representative of the Goals for Wichita Falls Committee made a talk. He said to stuff the ballot box. She feels a lone vote is better, and she hopes they will let the citizens of Wichita Falls vote individually on it. She feels the ordinance is a little more government than she is ready to have. Residences and businesses need some protection against each other. The people on the Zoning Commission became pressed for time. It would give the City of Wichita Falls better control by making so much of Wichita Falls non-conforming. The Small Business Administration defines a small business as less than 500 employees. We do not have any large businesses in Wichita Falls except government employees. Pat Ledbetter stated that she has been in Wichita Falls for about a week. She has read the ordinance, and feels that it is comprehensive. She is particularly i 440 Item 6a, cont'd. interested in older areas, and they don' t have deed restrictions. She plans to buy an old home and restore it. Zoning would give the protection of not having businesses and residences in the same neighborhoods. Older neighborhoods need to be protected to prevent deterioration. Herb Tabor, 1102 North Beverly, requested that the citizens of Wichita Falls be allowed to vote on this ordinance in a binding election. He feels they can vote intelligently. Tom Longest stated that 23 years ago he came to Wichita Falls with only the money he had saved in service, and he was able to go into business here because he could go into business in his garage. He feels many businesses will be restricted if this is not allowed. There are areas in Wichita Falls whose best use can be to have a business located next to a house. He stated that he has 12 lots on Kemp. He has many rent houses. He feels this is an invasion of property rights that is not consistent with the Constitution of the United States. Ed Yeager stated that he is a realtor in Wichita Falls. He is in favor of a referendum by the people which they represent. He stated that there is no map with this ordinance. He requested that it not be shoved down the throats of the citizens without more time. Aldermen Traywick and Hampton pointed out that this matter was very clearly brought to the Council with time constraints. The Council did not initiate this. Alderman Adcock also stated that the Council has no choice in this matter by law. We can either pass it ourselves or take it to the voters. We cannot do it next year. It was brought to us by petition, and we cannot do anything other than as it was brought to them. The Council is not pushing for or against. We are going by the law as the petition was brought to the Council . Mayor Pro tem Smith stated that the one thing that concerns him is that opponents will be highly organized and financed. John Hirschi stated that the issues in the ordinance were thoroughly looked into. The issues they did not have time to look at were presented to the Council with a request for additional study. The average commission member spent at least 50 hours in meetings and preparation of the ordinance. Fourteen open meetings were available to the citizens for input. The builders and realtors did not have much input into the ordinance during the conception stage. The sign people spent several hours with them. He stated that the average property owner will never come in contact with zoning. The first lady who spoke from Faith Village is the average property owner who needs protection. People in Country Club do not have a problem. It is hard to accept the statement that it is too late to zone Wichita Falls. He referred to the 50 percent destruction of a business in a residential neighborhood, stating that there are two sides to the coin. Both parties should have a chance to make comment to the Board of Adjustments. Maybe 50 percent is too high, but he feels there should be some review situation in those cases. Mr. Hirschi further stated that San Diego is a city that you could hardly compare with Wichita Falls. If the Council controls the water supply, that will control the growth. Houston's living cost is higher than Dallas. Apartment rents have been said to be cheaper. In regard to the land supply for business, there are vast areas of undeveloped land within the confines of Wichita Falls that are designed for various types of zoning. He feels it is time to give up some of our personal freedom in land use because he feels that will be the only way we can survive. Karl King reappeared, stating that the best way to educate the public is by a vote of the people. The amoritization plan is unfair, and might be unconstitutional . Also, the sign ordinance is questionable, and should be brought out of the zoning ordinance. Roger McKinney, Director of Planning, explained that this is an end document for consideration, but it is not set in concrete. He believes that planners can see into the future as well as anybody. Maps have been available for viewing in his office eight hours a day, and even the lunch hour. Don Black, of Arthur D. Little Company, stated that zoning is a subjective determination. Zoning did not prevent sprawl in San Diego. Some forms of sprawl 441 Item 6a, cont'd. have occured in Wichita Falls. The issue of delays can be addressed specifically. There will be uniform application to all income groups. It is not the zoning issue, but it is the land supply. The zoning instrument cannot be identified as solely the culprit. The Council recessed at 12:45 P.M. , and resumed at 2:00 P.M. for a work session. During the work session the Council made several minor and/or typographical changes to the zoning ordinance as presented. The major changes involved removing sign provisions from the ordinance, and permitting the owner of a non-conforming structure damaged by an Act of God (fire, flood, wind, etc. ) to restore or reconstruct the building within 12 months provided it is done by the owner at the time of the event. It could not be sold and reconstructed by a new owner. The Council requested that the changes be made, and that necessary ordinances and/or resolutions be prepared to call an election on the zoning ordinance. The Board of Aldermen adjourned at 3:45 P.M. PASSED AND APPROVED this `' day off 1980. 'T MAYOR ATTEST: CIT CLERK