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Min 05/01/2001 319 Wichita Falls, Texas Memorial Auditorium Building May 1, 2001 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: Jerry Lueck - Mayor Dan Shine - Pro Tern Arthur Bea Williams - Councilors James Esther, Jr. - Bill Altman - Johnny Burns - Harold Hawkins - Jim Berzina - City Manager Bill Sullivan - Acting City Attorney Lydia Torres - City Clerk Mayor Lueck called the meeting to order. Pastor Larry Suttle, Church of Christ, gave the invocation. Item 3 Ms. Brenda Gans, Public Health Technician ll, Health Department, was recognized as Employee of the Month for the month of May. Mayor presented Ms. Gans with a plaque, dinner for two, and theater passes. Mr. Jerry Vandiver introduced Mr. Cliff O'Neal who organized the Clean Community Poster contest and Mrs. Dorothy Rhone, Chair of the Clean Community Commission. Mrs. Allison Brewster, Sikes Senter Marketing Director, handed out gift certificates to the winners. The following were the poster winners. Elementary School Winners: 1s' Place Grade 1 B - Notre Dame Elementary 2"d Place Katie James -41h Grade - Notre Dame Elementary 3rd Place Whitney Aleman -41h Grade -Alamo Elementary Secondary School Winners: 15` Place Stevie Whatley -Zundy Jr. High School 2"d Place Cody DeArmond -Zundy Jr. High School 3`d Place Harrison Hanvey - Notre Dame Jr. High School Mr. George Bonnett informed that the Texas Water Utilities Association had honored the City with an Organizational Exemplary Service Award for Public Education and also, Mr. Daniel K. Nix, Water Purification Superintendent, with an Individual Exemplary Service Award for Public Education. Mr. Troy Jensen, Assistant Public Information Officer, accepted the Organization Exemplary Service Award for Public Education presented to the City of Wichita Falls and Mr. Daniel Nix accepted his Individual Exemplary Service Award. Mr. Nix also received two Watermark Awards from the Texas Section of the American Water Works Association and the Water Environment Association of Texas for his efforts in raising the public's level of understanding of Texas water issues. Mayor proclaimed the week of May 6-12, 2001 "Small Business Week in Wichita Falls", and recognized the outstanding contributions of small business entrepreneurs. Mr. L. O. Nelson accepted the proclamation. 320 Item 3 continued Mayor proclaimed the month of May as "Older American's Month and Elder Abuse Prevention Month", and encouraged citizens to help reduce the abuse and neglect of the elderly. Mayor proclaimed May 18, 2001 as "Midwestern State University Women's Basketball Day". The Lady Indians won the Lone Star Conference Championship. Coach Shannon Burks and Mr. Bob McBee, MSU Athletic Director, were present to accept the proclamation. Coach Burks expresses appreciation to the Council for recognizing the MSU Lady Indians in this accomplishment. Mr. John Barton, TXDOT Director of Transportation Planning and Development, presented a report on the status of Kell Freeway improvements. Item 4 No one signed up to speak under Public Comments. Item 5 The Minutes were approved as distributed. Items 6a-8a City Manager gave a briefing on the items listed under the Consent Agenda. Mayor asked that Item 6a be brought down to the regular agenda. Moved by Councilor Altman that the consent agenda be approved with the exception of Item 6a. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 6b Bid was awarded to Mote, Inc. in the amount of $15,479 and Davis Construction Company in the amount of$19,299 for the demolition of various hazardous structures. Item 6a Moved by Councilor Altman to authorize the purchase of two each model 928D 61" Grasshopper riding lawn mowers through the State of Texas Cooperative Purchasing Program for Local Governments. Motion seconded by Councilor Hawkins. Mayor expressed concern that at a previous meeting Council was told that these would be put out for bids. Mr. Robert Parker explained that these were different mowers, and the others are currently being re-bid. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 321 Item 7a A public hearing was held on the adoption of TNRCC rules for Local Administration of the On-site Sewage Facility Program. Mayor declared the public hearing open. Mrs. Barbara Clements explained that Texas Natural Resource Conservation Commission may transfer the On-site Sewage Facilities Program authority to any local governmental entity that requests it and that has adopted TNRCC's minimum requirements. Last year Council adopted a similar Ordinance but it was not accepted or approved by TNRCC because it also contained action recodifying Chapter 32, Section 102 which addresses lake pollution. That Ordinance is being repealed and these items are being resubmitted in two separate ordinances. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7b A public hearing was held on amending the boundary of the East Enterprise Zone. Mayor declared the public hearing open. Mr. David Clark informed that the City and the Board of Commerce and Industry generated this proposal in regards to the expansion of the East Enterprise Zone area. This change will accommodate the proposed expansion by the ABB Corporation and enhance the potential for some other property in that area. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Councilor Hawkins stepped out of Council Chambers. Item 8a ORDINANCE NO. 39-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 32, WATER AND SEWERS, AT ARTICLE V, DIVISION 2, TO PROVIDE FOR THE REGULATION OF ON-SITE SEWAGE FACILITIES; REPEALING ORDINANCE NO. 82-2000; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Burns stepped out of Council Chambers. Moved by Councilor Williams that Ordinance No. 39-2001 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, and Altman Nays: None 322 Item 8b ORDINANCE NO. 40-2001 ORDINANCE RECODIFYING CHAPTER 32, WATER AND SEWERS, AT ARTICLE V, DIVISION 2, SECTION 32-102 AS SECTION 22-37 OF ARTICLE III, CHAPTER 22, PARKS, RECREATION AND LAKES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Burns returned to Council Chambers. Moved by Councilor Williams that Ordinance No. 40-2001 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Burns Nays: None Councilor Shine stepped out of Council Chambers. Item 8c ORDINANCE NO. 41-2001 ORDINANCE REZONING 6 ACRES MORE OR LESS OUT OF BLOCK 9, ABSTRACT 302, LOCATED NORTH OF JACKSBORO HIGHWAY ALONG THE WEST SIDE OF JASPER STREET, FROM LIGHT INDUSTRIAL TO GENERAL COMMERCIAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Hawkins returned to Council Chambers. Moved by Councilor Williams that Ordinance No. 41-2001 be passed. Motion seconded by Councilor Esther. Andy Lee, 1708 Timber Ridge Road, Austin Texas, representative for J.R. Management, Inc. spoke in favor of this ordinance. Mr. Lee presented information regarding the application and related issues. Dick Rogers, 1656 Old Iowa Park Road, owner of a used car business located at 33rd Street and Jacksboro Hwy., spoke against the proposed ordinance. He wanted to keep this as a business area. Mr. Rogers had originally not been against this change, however, that was a year ago and has since changed his mind. Mr. Clark provided information on the land use plan and the zoning in the surrounding area. He informed that since it is immediately adjacent to a General Commercial district it is not considered spot zoning. He added that a six acre tract can be a zone in itself and this tract falls in that category. Randy Funston, 2023 Berkeley, spoke against this ordinance. He owns the property adjacent to the proposed zoning area. He is not against affordable housing but felt the issue was proper land use. Mr. Funston stated that when researching purchasing that property, he had no idea that the area would be rezoned. He informed that on the back end of his property where it would adjoin is where they plan to build the complex. Where the properties would adjoin is the same spot that we have expansion plans for a 100 ft. X 300 ft. facility that would be coming up next year. We expect to grow from 16 employees to 50 when this facility is built. However, if this were allowed we would have to stop our production because manufacturing and housing do not mix. He stated that there were other businesses that were against this project. He felt that rezoning in this area was spot zoning. 323 Item 8c continued Councilor Burns asked Mr. Funston if there would be a problem with his expansion if this was rezoned. Mr. Funston stated that it would be and mentioned various possible hazards. With housing next door, that can cause additional problems. Councilor Burns expressed concern in that residences already exist and apparently what we have now is a pretty hazardous thing. I know that there are residences backing up to every commercial entity on Jacksboro Hwy. and I am developing a concern about the location of this type of industry which is in the middle of my district, referring to Mr. Funston's business. If there are going to be toxic fumes and potential fire hazards, there is a concern for the safety of the people that work there and the other businesses. He asked, if from the City's perspective, if this would prevent him from expanding. Mr. Clark replied that one of the uses mentioned under the light industrial district is light manufacturing and when it comes to the degree of manufacturing, requirements come from TNRCC and not from us. He said he had not heard of any details on this expansion and with the information he has he is not aware that this would prohibit Mr. Funston's expansion. Councilor Hawkins directed his comment to Mr. Funston and stated that if we rezone and you begin the permitting process to expand your company it would not prohibit your manufacturing there. Council's voting to allow this to go General Commercial does not endorse their plan nor your plan, it is not for you or against you; it is a method to allow for growth in our City. Councilor Burns stated that residences already exist there and I have not had any complaints about Mr. Funston's business. I think we can work this out together. Councilor Altman acknowledged that letters of support for the proposed ordinance had been received from several social service agencies located in the vicinity in addition to those property owners who own property in the adjacent vicinity. The following persons spoke in favor of this ordinance. Kathy Adams, 1709 Ardath, realtor, representing Ron Roberts, Charles Thomas, 2504 San Simeon, a major property owner on Jacksboro Hwy. Ron Roberts, 3310 Robin, property owner of the proposed rezoning. The following persons spoke against the proposed ordinance. Kathy Papp, 2910 Jacksboro Hwy., business owner Deanna Funston, 2023 Berkeley. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins Nays: None Item 8d ORDINANCE NO. 42-2001 ORDINANCE REZONING 9 ACRES OUT OF BLOCK 3, KEMP AND NEWBY SUBDIVISION OF THE CHEROKEE COUNTY SCHOOL LANDS FROM LIGHT INDUSTRIAL TO GENERAL COMMERCIAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 42-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins Nays: None 324 City Council recessed at 11:10 a.m. and reconvened at 11:22 a.m. Councilor Shine was not in Council Chambers. Item 8e ORDINANCE NO.43-2001 ORDINANCE REZONING ALL OF BLOCK I, R.E. MONTGOMERY SUBDIVISION, WICHITA FALLS, TEXAS, FROM GENERAL COMMERCIAL TO RIVER DEVELOPMENT DISTRICT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 43-2001 be passed. Motion seconded by Councilor Esther. Mr. David Clark informed that Council had suggested Staff look into the River Development District for future plans. We met with Planning & Zoning and discussed possible changes. We sent notifications to two area property owners. The area north of Scott Street has been proposed for River Development zoning and the owners are in support of this. J.A. Simmons, Box 87, Petrolia, stated that he owns half a city block in what they are considering rezoning to River Development District. He agrees that this is a good idea, however, his only concern is that he has a used car lot and a washer and dryer repair shop and wanted to know if he would be able to continue operating his business without having to fight City Hall everyday. Mr. Dave Clark stated that Mr. Simmons would be able to continue to use his property as he currently does and this action does not change that. He would become a legally non- conforming use under this rezoning. Councilor Altman asked if when Mr. Simmons is using this for outside storage, under non-conforming use, would he be able to put in additional similar equipment stored out there as he replaces or uses the old equipment? Mr. Clark noted that Councilor Altman was talking about a continuing use, and replied that as long as the nature of the use was operated as is permissive under the current zoning he could do that. Councilor Altman gave the following example of continued use. If he had used cars there, he could replace them with other used cars. Mr. Clark concurred that it is the same legal uses that he has available now. Mr. Simmons said that cleared up the matter of one of his concerns. He stated that he keeps used washers and dryers for parts, but Code Enforcement contacted him about that and he cleaned up most of them. However, he said that he has to keep those for parts because that is what he rebuilds the others with and asked if he could continue that. Mr. Clark replied that he could continue with the same legal uses as you do now, not a change. Councilor Altman wanted to know what the problem was with the used washers and dryers. Mr. Simmons said he did not know because he has had a 6-ft. privacy fence made out of metal and it has been there for over fifteen years. Councilor Hawkins stated that he was on the Council before and he knows the complaints that City Staff has about Mr. Simmons property and the usage he makes of it and the eyesore it creates on Scott Street, noting those were not his words. He noticed in the Planning & Zoning Commission minutes that Mrs. Patricia McCoy asked a similar question and she was informed by the Chair that she was in non-conforming use and if she wanted to continue non- conforming use she would have to obtain a conditional use permit. He suggested to Mr. Simmons that it be put in writing because when this Council and Staff changes he will be back to this same situation. Councilor Altman told Mr. Simmons that regardless of who has objections to the property, you were there before we started zoning and you should be allowed to continue to use the property as you were because it is within the legal use. You did fence the property. Councilor Altman asked that the City Clerk note that everyone agreed that Mr. Simmons could continue the same uses he currently has for the property and it would continue as a non- conforming use. By changing the zoning we are not in any way attempting to restrict the current 325 Item 8e continued use of his property. Councilor Altman stated that if he has any problems in the future he has this record to rely on as to the intent when this was done. Councilor Esther suggested adding the word "legal " in referring to the uses. Councilor Altman agreed. On another matter, Mr. Simmons stated that he was approached about three months ago by someone who wanted to put in a stable on the back part of his property which is right beside the Bridwell Agriculture Center. In order to do this City Planning told him he had to bring the property up about five feet, level with the Agriculture building because he is in a flood plain. He asked if there was any way to go around this. Council informed him that those were flood plain rules. Councilor Hawkins asked if his son purchased Mr. Simmons' business, could he, Councilor Hawkins son, continue the operation. Mr. Clark stated that he could. The sale of property is not an issue in the application of a non-confirming use, it is the use of that facility. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins Nays: None Item 8f ORDINANCE NO. 44-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE BOUNDARY OF THE EAST ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT; PROVIDING INCENTIVES FOR THE AMENDED AREA; REAFFIRMING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE; AND FURTHER REAFFIRMING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 44-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins Nays: None Item 8g ORDINANCE NO. 45-2001 ORDINANCE AMENDING APPENDIX C OF THE CODE OF ORDINANCES ADOPTING COMMUNICATION TOWER REGULATIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 45-2001 be passed. Motion seconded by Councilor Williams. 326 Item 8g continued Mickey Shipman, General Manager Mobile Phone of Texas, 1122 Lamar, expressed appreciation to Mr. Clark and Staff in the preparation of this ordinance and for involving those affected. Mr. Shipman suggested that the word "may" be removed from the sentence in the second paragraph of Item L. 1 in the attachment. Paragraph two reads "An exception to this provision may exist...". Councilor Altman clarified that it is not discretionary, there is an exception if certain insurance requirements are met, etc. Deleting the word "may" and changing the word "exist" to exists" or"provision will exist"would clarify that. It is consistent with the intent to make that provision be an exception. Moved by Councilor Altman to amend that sentence to remove the word "may" and add an "s" to the word "exist". The sentence would read: "An exception to this provision exists if there is provided Comprehensive General Liability Coverage listing the City as additional named insured in the following amounts:". Charles Byers, 4217 Meadowbrook, District Emergency Coordinator for Amateur Radio Emergency Service, noted that he and Mr. Jack Mezzo were selected by the two largest organized amateur radio groups in Wichita Falls to represent them in negotiations with the City relating to this ordinance. He complemented Mr. Clark and Staff for working with them. We negotiated what we feel was a fair arrangement for both the City and the amateur radio operators and we support 100% the amateur portion of this ordinance. Charles Thomas, 2504 San Simeon, spoke in favor of this ordinance. John Hubbard, Western Wireless, spoke in favor of this ordinance and made the following suggestions: a) Consider eliminating the one to one fall zone for monopoles and commercial districts, and b) Retain the minimum setbacks for residential district zoning and setbacks for public right of ways, but treat side and rear setbacks like other structures. Councilor Shine returned to Council Chambers. Charles Kosman, 4034 Boren, Ham Radio operator, represents Texoma Weather Spotters, complimented Mr. Clark and his staff for getting this complex issue to everyone's satisfaction. Councilor Altman suggested that Paragraph A in the attachment be changed by replacing the word "shall" with "should" in sentence one; replacing the word "will" with "may" in the second sentence; and in the next sentence replace the word "shall" to "may. That would allow for the suggestions made by Mr. Hubbard. Moved by Councilor Altman to amend Paragraph A in Attachment A to read as follows: "A communications tower should be setback from rights-of-way and adjacent properties equivalent to the height of the tower. Consideration toward reducing the setback may require specifications as to the engineered "fall" characteristics of a tower and the nature of neighboring land uses. The following may be considered minimum setback requirements:" Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Williams, Esther, Altman, Burns, and Hawkins Nays: None Councilor Hawkins expressed concern that a simple direction was sent to Staff when the request for a tower to be placed on Scott Street came before the Council and Staff was asked to make it a conditional use permit for any tower to be built in the City. From that simple directive we have an entire ten-page ordinance that in some cases is going to make it cost prohibitive to do business in Wichita Falls. We have over-regulated again. If someone wants to build a 300 ft. tower they are going to have to buy about ten acres of land to do it. Is it going to be practical in Wichita Falls to pay $10,000 an acre for ten acres of land to build a 300 ft. tower? I think this over regulation is going to cost us business in Wichita Falls. We do need conditional use and guidance, but this is an example where the City has gone overboard and has over regulated. I will vote against this ordinance. Mr. Clark explained that the land required has to do with the fall characteristic of the tower. Staff looked at it from a point of view of when someone is asking for conditional use and 327 Item 8g continued a permit. In order to obtain a tower if you are gong to give a permit you need to have a basis to issue that permit. We have worked with the tower people and it is Council's decision. Councilor Altman stated that Council had asked Staff to look at a comprehensive tower ordinance and they looked at two things: 1) a tower ordinance governing new towers in the community and 2) protecting the investment of people already in the community, and 3) amateur radio operators. They have spent many hours with local persons who have towers in this community in order to protect the investment that they have, including towers that they have on the ground for emergency use. They looked at a comprehensive ordinance affecting new towers and tried to be fairly comprehensive. They took this ordinance from other ordinances around the country. There are restrictions but by making these things permissive we have allowed some fluctuation. It is appropriate that we have a comprehensive ordinance because in the future we will have a large number of requests for towers. Councilor Hawkins stated that Councilor Altman had worked hard on this ordinance but the average person has trouble interpreting it. He felt we had over-regulated. Councilor Altman has spent hours and hours with Staff and we are supposed to be directing Staff, not working with them directly and micromanaging. Councilor Altman explained that he and Councilor Shine had spent hours at the request of affected industry people, not at Staffs request. Councilor Hawkins felt that Staff should have followed Council's direction. Councilor Shine stated that he had spent a lot of time on this. The Staff did go to the affected people and they spent a lot of time on this ordinance. We have to get this regulated because it is going to be massive. It is timely and I think the Council directive was followed; it was just followed a little more because they did go to the affected people. Councilor Williams stated that Staff did do more than we asked them to but she would have been concerned if they would have done less than what we asked them to. Councilor Esther stated that at least now we have a course of direction. City Manager commented that he feels good that we have a Staff that gets it further than instructed and you can always modify and amend. I feel better when we can say that Council passed an ordinance after much discussion and after all the information was on the table, and that is what we have to enforce. This is an emerging field and we do not know where it will take us, and I would rather have a Staff that brings you too much rather than too little information. Councilor Hawkins said that Item K 1 had to be addressed. He was concerned that after the tower is built and you want to put an antenna on it you will need another permit. He agreed with the requirement for a permit to build a tower but not for an attachment, which is an antenna. Mr. Clark stated that this question had been discussed. Obviously, if it is a small attachment there is no problem they can put it in. However, if someone is going to put in a larger attachment that may have some affect on the larger tower and the structural integrity, they may want to have some additional information. Councilor Hawkins suggested adding wording such as "to change the integrity of the tower'. Mr. Clark asked, "When do you know that it changes the integrity of the tower?". Councilor Altman stated that this gives some discretion to the Planning Department and I assume that they are going to act in a reasonable way, however, the safety valve is requesting a waiver from the Council. Councilor Burns mentioned that he had not heard any opposition from those who went through the process with the Planning Department. I prefer to let the business people speak for themselves. Motion as amended carried by the following vote. Ayes: Councilors Williams, Shine, Esther, Altman and Burns Nays: Mayor Lueck and Councilor Hawkins 328 City Council recessed for lunch at 12:20 p.m. City Council reconvened at 1:15 p.m. Item 8h ORDINANCE NO. 46-2001 ORDINANCE WAIVING SEC. 22-1 (A) (9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING A DISC GOLF TOURNAMENT BY THE WICHITA FALLS HIGH SCHOOL STUDENT COUNCIL ON MAY 11, 2001, IN LUCY PARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 46-2001 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 8i A proposed ordinance was presented amending Appendix A, Section 9(b)(2)(a) of the Code of Ordinances to provide curb and gutter exemption for portions of Wellington Lane. Moved by Councilor Altman that proposed ordinance be passed. Motion seconded by Councilor Esther. Mayor stated that he would not participate in this item because it could be a conflict of interest. Mayor turned the meeting over to Mayor Pro Tern Shine. City Manager informed that the Mayor had requested that this be placed on the agenda and that he wanted the waiver to include the length from Iowa Park Road to Reilly Road, which is more than the land covered by the initial request. Councilor Hawkins stated that this is for the entire Wellington Road from Iowa Park Road to Reilly Road and yet the portion you are addressing is one small block. Can we offer a substitute on this? Councilor Burns stated that he visited with the individual and they were not disputing their responsibility for curb and gutter and sidewalk on the half acre of property that was going to be conveyed to them. They wanted to address the issue of their responsibility since it was finally platted as a larger seven-acre tract. Our interpretation then was that they were responsible for curb and gutter and sidewalk along the entire frontage of the seven acres. It seemed a reasonable request to me to send them back to Planning to inform them how to approach this and it would not even need Council action to address the concern they have. They are just concerned that they want to put in the portion that they want to buy. Councilor Burns was surprised that Council now has an ordinance that calls for the waiver of a three-mile stretch and we are actually talking about some 80 feet in question. I think it should just be defeated and send the gentleman to Planning to see if there is some way through replatting that they can get what they expect to get. They should not even need to come before Council. He thought it was an interesting situation that does not even address the concern of the individual who brought it forward, at all in any way. Councilor Altman stated that he had spoken with the son-in-law, Terry St. James, and he was informed that he did not need a waiver. It was our recommendation that his father-in-law deed that half acre to him and go to Planning or through Martin Litteken and ask that the land be replatted and that we would support that. He was perfectly willing to take care of the half-acre 329 Item 8i continued and the sidewalks in front of the house that he was going to build. We suggested that he replat that and we would work on any difficulty he might have. Councilor Williams asked if Mr. St. James and his father owned all of that property on Wellington Road between Iowa Park Road and Reilly Road. Mr. Clark replied that he had not spoken with Mr. St. James at all. She understood that what Council was considering was for Mr. St. James. However, if he does not own it all, she was concerned about merely putting in some other person's property in there for a blanket waiver when they were not the ones who were going to be adversely affected by the ordinance. Councilor Hawkins stated that this stems from a subdivision ordinance. This is a seven acre tract from which they are cutting one-half acre. Mr. Litteken told them that they would have to put up the escrow money for the curb and gutter and sidewalks for the entire seven acre frontage and that is why they contacted us. It is out of proportion and I will vote against it. Motion failed by the following vote. Ayes: None Nays: Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Abstain: Mayor Lueck Item 8i A proposed ordinance of the City Council of the City of Wichita Falls, Texas, amending Chapter 27 of the Code of Ordinances at Sections 27-29 and 27-30, regarding sidewalks, providing an exemption for certain portions of Wellington Lane. Moved by Councilor Altman that proposed ordinance be passed. Motion seconded by Councilor Hawkins and failed by the following vote. Ayes: None Nays: Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Abstain: Mayor Lueck Item 9a RESOLUTION NO. 45-2001 RESOLUTION LIFTING A MORATORIUM ON THE APPLICATION OR PERMIT PROCESS RELATED TO THE CONSTRUCTION, INSTALLATION OR PLACEMENT OF COMMUNICATION TOWERS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 45-2001 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 330 Item 9b RESOLUTION NO. 46-2001 RESOLUTION TO APPROVE AN ENGINEERING SERVICES CONTRACT WITH HDR ENGINEERING, INC. FOR THE EVALUATION OF THE 24-INCH AND 20-INCH WATER MAIN SERVING SHEPPARD AIR FORCE BASE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 46-2001 be passed. Motion seconded by Councilor Williams. Councilor Altman requested that all consulting contracts with final reports be received on digital form so that it is readily accessible to the public, and also that they be posted on City's website. This should be a provision on all consulting contracts. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9c RESOLUTION NO. 47-2001 RESOLUTION APPROVING ADVANCED FUNDING AGREEMENT FOR THE REPLACEMENT OF THE BRIDGE ON CYPRESS AVENUE AT THE KINGSTON/JAMAICA DRAINAGE CHANNEL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 47-2001 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9d RESOLUTION NO.48-2001 RESOLUTION APPROVING ADVANCED FUNDING AGREEMENT FOR THE REPLACEMENT OF THE BRIDGE ON COUNTY ROAD 328 AT THE LITTLE WICHITA RIVER (LAKE KICKAPOO); FINDING AND DETERMINING THATTHE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 48-2001 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 331 Item 9e RESOLUTION NO. 49-2001 RESOLUTION CERTIFYING THE CITY OF WICHITA FALLS' INTENT TO COMMIT THE NECESSARY FUNDING TO SECURE THE 2003 TEXAS CITY MANAGEMENT ASSOCIATION ANNUAL CONFERENCE; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 49-2001 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9f RESOLUTION NO. 50-2001 RESOLUTION ESTABLISHING A COUNCIL SUBCOMMITTEE FOR PUBLIC SAFETY COMMUNICATIONS SYSTEMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 50-2001 be passed . Motion seconded by Councilor Williams. Councilor Altman stated that the three members on this sub-committee are Johnny Burns, Harold Hawkins and himself. We have asked Dan Shine because of his expertise in this field to work with this sub-committee even after he goes off the Council. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10a Moved by Councilor Altman to award bid to Bandit Industries in the amount of 1235,790.00 for the purchase of a horizontal feed mobile grinder. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns and Hawkins Nays: None Item 11 a City Clerk stated that a special City Council meeting needed to be scheduled for the purpose of canvassing the May 5, 2001 Municipal Election returns. City Clerk informed that by law the canvassing cannot be conducted earlier than the third day nor later than the sixth day after the election. City Clerk recommended that May 8, 2001 be the meeting date at 8:30 a.m. Moved by Councilor Shine that a special meeting be scheduled for May 8, 2001 at 8:30 a.m. for the purpose of canvassing election returns of the May 5, 2001 Municipal Election. 332 Item 11 a continued Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 11 b Councilor Esther complimented the City on the clean up and expressed appreciation to the Lynwood residents for their work and support in this clean up. Councilor Hawkins suggested a joint Council and Water Resources Commission meeting to consider future water changes submitted by the Water Resources Commission. Councilor Hawkins informed that the apartment complexes do not have a representative on the Construction Board of Adjustment and Appeals. He requested that the membership of this board be increased by one member and that the member be a representative of apartment management or construction so that their interests can be represented. Councilor Hawkins expressed appreciation for the opportunity to work with Councilor Shine on the Council. His knowledge has been invaluable and he asked that Councilor Shine make himself available so that the City can call on his expertise and knowledge. Councilor Williams congratulated Kirby Jr. High for being named the nation's Number One Magnet School. It is a singular honor. Councilor Shine stated that he had enjoyed serving on the Council and it was time for him to step down. He said that the Council is pretty well united in spite of what is said. We disagree but we are not disagreeable. I have learned a lot over the past six years. The Council is an overseer of the City's policies and should not get into micromanaging. Councilor Burns thanked Councilor Shine. Councilor Altman read a prepared statement on behalf of the entire City Council in honor of Councilor Dan Shine. Dan Shine has set a standard and he has shown great leadership as Mayor Pro Tem. He has put forth the most effort to communicate with everyone and has worked silently and without fanfare. He has earned the esteem and respect of all the Council members in such a manner that we have united as never before to honor him. Mayor read a proclamation signed by all the Council members reflecting their appreciation of Dan Shine and their gratitude for his leadership and the opportunity to serve with him. May 1, 2001 was proclaimed "Dan A. Shine Day". Item 11 c City Manager expressed appreciation to Councilor Shine for his work and guidance and stated that he has been invaluable. Item 11d City Council went into Executive Session at 2:06 p.m. as authorized by Section 551.071 of the Texas Government Code City Council reconvened at 2:10 p.m. 333 Item 11 e ORDINANCE NO. 47-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY TO ACCOUNT NO. 100-8710-72170 IN THE AMOUNT OF$20.000, UTILIZED FOR THE SETTLEMENT OF PENDING LITIGATION STYLED NO. CCL-905-96-F; SHERRY ANN NORMAN AND FREDDIE RAY NORMAN V. CITY OF WICHITA FALLS; IN THE COUNTY COURT AT LAW NO. 2 OF WICHITA COUNTY, TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 47-2001 be passed inserting the figure of$20,000. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None City Council adjourned at 2:11 p.m. PASSED AND APPROVED this__L�I_day of , 2001. J)ARRY LUECK MAYOR ATTEST: (� Uua A Lydia To res City Clerk 1 1 NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, May 1 , 2001, Beginning At 8:30 a.m. City Council: Mayor Gerald Lueck - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Harold Hawkins 1 . Call to Order. 2. Invocation: Pastor Larry Suttle Church of Christ 3. Presentations: (1) Employee of the Month — Health Department. (2) Clean Community Poster Winners. (3) Exemplary Service Awards for Public Education Presented to City of Wichita Falls and Daniel Nix. (4) Report on the Status of Kell Freeway Improvements. 4. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) 5. Approval of Minutes CONSENT AGENDA City Council Agenda Tuesday, May 1, 2001 Page 2 6. Award of Bids: a. Purchase Of Two (2) Each Model 928D 61" Grasshopper Riding Lawn Mowers Through The State Of Texas Cooperative Purchasing Program For Local Governments. b. Award Of Bid For Demolition Of Various Hazardous Structures To Mote, Inc., In The Amount Of $15,479, And Davis Construction Company In The Amount Of $19,299. REGULAR AGENDA 7. Public Hearings: a. Public Hearing On Adoption Of TNRCC Rules For Local Administration Of The On-Site Sewage Facility Program. 8. Ordinances: a. Ordinance Amending Chapter 32, Water And Sewers, At Article V, Division 2, To Provide For The Regulation Of On- Site Sewage Facilities And Repealing Ordinance No. 82- 2000. (City Council Bill #93) b. Ordinance Recodifying Chapter 32, Water And Sewers, At Division 2, Section 32-102, Pollution Of Lakes, As Section 22-37 Of Chapter 22, Parks, Recreation And Lakes. (City Council Bill #94) c. Ordinance Rezoning 6 Acres More Or Less Out Of Block 9, Abstract 302, Located North Of Jacksboro Highway Along The West Side Of Jasper Street, From Light Industrial To General Commercial. (City Council Bill #95) d. Ordinance Rezoning 9 Acres Out Of Block 3, Kemp And Newby Subdivision Of The Cherokee County School Lands From Light Industrial To General Commercial. (City Council Bill #96) 8. Ordinances (cont'd): City Council Agenda Tuesday, May 1, 2001 Page 3 e. Ordinance Rezoning Block I, R.E. Montgomery Subdivision, Wichita Falls, Texas, From General Commercial To River Development District. (City Council Bill #97) f. Ordinance Amending The Boundary Of The East Enterprise Zone. (City Council Bill #98) g. Ordinance Amending Appendix C Of The Code Of Ordinances Adopting Communication Tower Regulations. (City Council Bill #99) 9. Resolutions: a. Resolution Lifting A Moratorium On The Application Or Permit Process Related To The Construction, Installation Or Placement Of Communication Towers. (City Council Bill #100) b. Resolution To Approve An Engineering Services Contract With HDR Engineering, Inc. For The Evaluation Of The 24- Inch and 20-Inch Water Main Serving Sheppard Air Force Base. (City Council Bill #101) c. Resolution Approving Advanced Funding Agreement For Replacement Of A Bridge On Cypress Avenue At The Kingston/Jamaica Drainage Channel Under The Texas Department Of Transportation Bridge Replacement And Rehabilitation Project Program. (City Council Bill #102) d. Resolution Approving An Advanced Funding Agreement For The Replacement Of The Bridge On County Road 328 At The Little Wichita River (Lake Kickapoo) Under The Texas Department Of Transportation Bridge Replacement And Rehabilitation. (City Council Bill #103) e. Resolution Certifying The City Of Wichita Falls' Intent To Commit The Necessary Funding To Secure The 2003 Texas City Management Association Annual Conference. (City Council Bill #104) f. Resolution Establishing A Council Subcommittee For Public Safety Communications Systems. (City Council Bill #105) 10. Award of Bids: City Council Agenda Tuesday, May 1, 2001 Page 4 a. Award Of Bid For The Purchase Of A Horizontal Feed Mobile Grinder To Bandit Industries In The Amount Of $235,790.00. 11 . Other Council Matters: a. Motion Calling A Special Meeting Of The City Council To Canvass The Returns Of The May 5, 2001 Municipal Election. b. Discussion Of Items Of Concern To Members Of The City Council. c. Staff/Council Discussion. 12. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 20 at o'clock (a.m.)(p.m.). City Clerk ADDENDUM TO NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium On Tuesday, May 1 , 2001 , Beginning At 8:30 a.m. City Council: Mayor Gerald Lueck - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Harold Hawkins ADDENDUM TO REGULAR AGENDA 7. Public Hearings (cont'd): b. Public Hearing On Amending The Boundary Of The East Enterprise Zone. 8. Ordinances (cont'd): h. Ordinance Waiving Sec. 22-1 (A)(9) Of The Code Of Ordinances To Permit Signs During A Disc Golf Tournament By The Wichita Falls High School Student Council On May 11 , 2001 , In Lucy Park. (City Council Bill #107) 11.d Executive Session: (1) Briefing By City Attorney Regarding Status Of And Possible Settlement Of Pending Litigation, Norman et al. V. City Of Wichita Falls, Cause No. CCL-905-96-F; As Authorized By Section 551 .071 Of The Texas Government Code. 11.e Ordinance Making An Appropriation From General Fund Equity To 100-8710-72170 For Settlement Of Cause No. CCL- 905-96-F, Norman v. City of Wichita Fall. (Council Bill #106) Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION City Council Agenda Tuesday, May 1, 2001 Page 2 1 certify that the above Addendum to the notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 19 at o'clock (a.m.)(p.m.). City Clerk