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Min 07/17/2001 372 Wichita Falls, Texas Memorial Auditorium Building July 17, 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 Bill Altman - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons - James Esther, Jr Johnny Burns - Harold Hawkins - James Berzina - City Manager Bill Sullivan - Acting City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Pastor Gary McBee, Northside Baptist Church, gave the invocation. Item 3 Mrs. Malinda Shown, Clerk Typist II, Engineering, was recognized as Employee of the Month for the month of July. Mayor presented Mrs. Shown with a plaque, dinner for two, and theater passes. Mayor proclaimed August 5, 2001 as "National Kids Day" in Wichita Falls. A celebration will be held at Lucy Park on August 5 from 1:00 p.m. to 3:00 p.m. Item 4 J.R. Brown, 1006 Wesley Drive, requested a waiver on curb and gutter at 1006 Wesley Drive (residence) and 3216 Old Iowa Park Road (welding shop) in order for him to sell those properties. Larry Robinson, 5483 Huntington Lane, was concerned that the amber traffic lights needed to be lengthened at several intersections. He was directed to submit information in writing with the locations to Mr. Robert Parker. Oscar Dominguez, 520 E. Inwood, is constructing at 6036 N.W. Freeway and wants to know why he needs to have a sidewalk on the Freeway when there are no sidewalks within 15 miles of that area. Mr. Clark informed that Council's policy has been to have sidewalks built in neighborhoods that do not have sidewalks. That is a City Council policy decision. If Council wants us to revisit that we can do that. Tim Dunn, 1604 Oceola, President of the Neighborhood Watch Program, requested that Council look into providing a community center for Sunnyside. They have requested a community center several times and have not gotten anywhere. He asked about using CDBG funds for this. This issue will be addressed during CDBG public hearing later this morning. 373 Item 5 The Minutes of June 19 and June 28, 2001 were approved as distributed. Item 6a-8d City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Williams noted that the 4B Board minutes were for May 9, 2001 not March 9, 2001. Moved by Councilor Burns that the consent agenda with the date correction be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO.79-2001 RESOLUTION TO ACCEPT THE 2000 ALLEY REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO MCGRATH BROTHERS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION N0.80-2001 RESOLUTION APPROVING THE FY 2001-02 BUDGET FOR THE WICHITA FALLS (46) SALES TAX CORPORATION; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6c RESOLUTION NO. 81-2001 RESOLUTION TO ACCEPT THE STONE LAKE DRIVE RECONSTRUCTION PROJECT AND AUTHORIZE FINAL PAYMENT TO FREEMAN CONSTRUCTION; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a Bid was awarded to Texas Tractor and Lift in the amount of $115,692 for the purchase of two front-end loader/backhoes and one hydraulic hammer. Item 7b Bid was awarded to AMC Industries Inc. in the amount of $33,882 for the purchase of three 72" front mount rotary mowers. Item 7c Bid was awarded to Western Marketing in the amount of $45,982.05 for the City's estimated annual requirement of automotive lubrication products. 374 Item 7d Bid was awarded to Dream Valley Farms in the amount of $18,539.28 for the purchase of the City's annual requirement of fall flowers. Item 8a Minutes of the following board and commission meetings were received. a. Park Board —June 28, 2001 b. Commission on Human Needs— May 21, 2001 c. Wichita Falls Economic Development Corporation — March 5, 2001 d. Wichita Falls 46 Sales Tax Corporation — May 9, 2001 Item 9a A public hearing was held on the proposed use of Community Development Block Grant (CDBG) and HOME program funds for the one-year Action Plan under the Consolidated Plan. Mayor declared the public hearing open. Mr. Dave Clark provided information on the funding and use of these funds. He proposed the following change. Set out $48,000 for the "Taylor Street Project" from the $61,844 designated for"Mill & Overlay of Streets". Tim Dunn, 1604 Oceola, requested that CDBG funds be used to build a community center for Sunnyside. He stated that the Sunnyside residents, especially the kids, do not have anywhere to meet. Councilor Esther spoke in favor of providing this group some assistance to accomplish this. He suggested that a site such as Lamar Park be used to construct this center. Mr. Dunn commented that they were willing to work on the center if they had to. They just want a center of their own. Councilor Hawkins asked about the fire station in that area that was closed when the new fire stations were opened. City Manager felt that the fire station building was ill suited for a community center. He mentioned that it takes more to having a community center, like operating and maintaining it. It was suggested that Mr. Dunn contact Mr. Clark and that he submit an application next year to the Outside Agencies subcommittee. The North Texas Center for Non-Profit Groups was also suggested as a resource. He was also instructed to detail how he would use any requested funds. Councilor Esther urged the Council to help these residents with their request. City Manager commented that a community center could not be built on CDBG funds because it takes a lot of planning and it has to be the major plan for CDBG money. We need to look at what resources are out there and make a decision if you are going to build that community center. Mr. Dunn said that he did not know what to do and no one had told him anything so that is why he is here today. Katherine Phillips, 2704 Palmetto, spoke on behalf of the Eastside Boys& Girls Club and requested that Council consider funding this organization $10,470 for their"Warfare Against Trash" Program. This issue was discussed at length with different options being suggested. Mrs. Phillips suggested using their program for the City's mowing. It was suggested that they bid for the mowing, however, it would have to be for next year because this year's mowing budget is almost depleted. Douglas Simmons, 1524 Red Fox, Board of Directors East Branch YMCA, stated they were denied CDBG funding by the subcommittee. He asked that their request be reviewed again in light of the fact that they now have $3000 financial support from the Rotary Club North. Requested funds will be used to pave the lot at the East Branch YMCA. 375 Item 9a continued It was noted that the YMCA currently has a capital funds drive and the parking lot paving project is included in that drive. Mr. Simmons stated that it was in the feasibility study and it may or may not go. Also, that study is three years down the road. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. City Council recessed at 10:10 a.m. and reconvened at 10:20 a.m. Item 10a ORDINANCE NO. 65-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 29, ARTICLE VIII, DIVISION 2, "TRAFFIC SAFETY COMMISSION" OF THE CODE OF ORDINANCES BY CHANGING THE COMMISSION'S MEMBERSHIP COMPOSITION AND REWORDING SOME OF THE LANGUAGE OF THE ORDINANCE TO REFLECT THE RESPONSIBILITIES/DUTIES OF THE TRAFFIC SAFETY COMMISSION; REPEALING ALL ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THISORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 66-2001 be passed. Motion seconded by Councilor Burns. Moved by Councilor Altman to amend proposed ordinance by changing Article VII to Article VI I I in Sections 1, 2, and 3; and that items 10 and 11 under Section 3 be deleted completely. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 10b ORDINANCE NO. 66-2001 ORDINANCE AMENDING SECTIONS 22-92(H)(1)(B) OF THE CODE OF ORDINANCES, TO INCREASE THE FEE FOR EVENING PRACTICE RESERVATION OF THE SOFTBALL COMPLEX AND OTHER LIGHTED PARK BALLFIELDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 67-2001 be passed. Motion seconded by Councilor Altman. Councilor Hawkins asked if the lights at the softball complex were being turned off when not in use. Mr. Jack Murphy responded that the users are responsible for turning them off, however, they don't always turn them off. 376 Item 10b continued Councilor Hawkins suggested looking into an automated system to turn them off when not in use. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 10c A proposed ordinance was presented amending Sections 22-93(a) of the Code of Ordinances to prohibit the bringing of prepared food and the cooking of food on the premises of the softball complex. Moved by Councilor Altman that proposed ordinance be passed. Motion seconded by Councilor Esther. There was opposition from the Council with regard to not allowing the public to bring in such items as water and sandwiches. Also, it was noted that this should come as a recommendation from the Park Board. Motion failed by the following vote. Ayes: None Nays: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Item 10d ORDINANCE NO. 67-2001 ORDINANCE WAIVING EC. 22-4 OF THE CODE OF ORDINANCES TO PERMIT I G S THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES DURING AN EVENT SPONSORED BY THE CONVENTION AND VISITORS BUREAU, TO BE HELD AROUND THE FENCED AREA OF THE LOG CABIN IN LUCY PARK ON AUGUST 15, 2001; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 68-2001 be passed. Motion seconded by Councilor Williams. Councilor Burns stepped out of Council Chambers. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Councilor Burns returned to Council Chambers. 377 Item 10e ORDINANCE NO. 68-2001 ORDINANCE AMENDING THE WICHITA FALLS CODE OF ORDINANCES, APPENDIX C ZONING ORDINANCE, SECTION 4220, SUBSECTION I. GOVERNING THE PLACEMENT OF CARPORTS WITHIN THE FRONT AND EXTERIOR SIDE SETBACKS; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 69-2001 be passed. Motion seconded by Councilor Ammons. Mr. Dave Clark informed that the Planning & Zoning Commission recommended that the section concerning the reasonable access be struck so that they have the authority as they do with all other front yard carport setbacks to rule on that themselves. Councilor Burns stated that he had requested this item be put on the agenda. It is an inconvenience for the citizens to go to Planning & Zoning and if there is reasonable all weather rear access to the property the Commission is unable to rule on it and the citizen has to come to the Council. The Commission is far stricter on the issuance of carports in the front set back than we are. I would like for us to make it more convenient for the citizens to make just one appearance, and give the Planning & Zoning Commission the authority that they have in virtually every other area of issuing these permits, and that this authority be extended to the carport area as a convenience for the citizen. Councilor Altman suggested a compromise that would carry forth the intent. Instead of striking that whole sentence, leave the sentence as is and strike the phrase "first determine that" and add the phrase "consider whether". That directive indicates that we want them to consider it but leaves it to their discretion and it leaves the intent. Councilor Burns said he was okay with Councilor Altman's suggestion as long as what we are doing means that the Commission is able to vote on whether or not to issue the permit without all weather rear vehicular access being a determining factor. Councilor Altman and Actin City Y Attorney concurred. Councilor Hawkins would much rather the vehicular access to the rear side be eliminated completely because that is one of the things that should be looked at. Councilor Altman agreed, but arguing the other side he believes the philosophy that if there is rear access, that is where the carport should be built mandatorily. As a policy matter carports should not be built in the front if there is rear access, they should be built in the back. As a compromise, by letting the Planning & Zoning Commission consider it would we would keep the policy in tact that we would prefer. Councilor Hawkins asked that if there is reasonable access to the rear yard no carport can be built in the front. Councilor Altman clarified that all it says is that they consider the issue, they can still approve it. This just means they have to consider it. Councilor Hawkins stated that if there is access to the rear yard either you want it built in the rear or you don't. Councilor Altman commented that the City's policy for years has been that if there is rear access that the carport should be built in the back. Councilor Burns stated that when this policy was originated many of these areas where there was all weather access was only in areas that the owners had paved alleys or we had alley collection. We are now getting away from alley collection, therefore, the City does not maintain the alleys where we do not collect. You are asking someone who would have all weather access to the rear of their house to put a carport back there. However, if they live in the middle of the block they are responsible for maintaining that entire alley just to get in and that is not reasonable which is what the Planning & Zoning Commission has been using as criteria. Under the current Ordinance they can well say that it is not reasonable to expect that someone would have to maintain 1000 feet of alley that the City is not maintaining so they can get to their carport instead of letting it be in the front setback. I am going to stick with leaving it like it is in the document. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Burns, and Hawkins 378 Item 10e continued Nays: Councilor Altman Item 10f A proposed ordinance was presented making an appropriation from General Fund equity to Account No. 100-1360-73060 in the amount of 122,000, utilized for the settlement of pending litigation styled No. 148,772-B; Tommy Edgar Finley, Jr., et al, v. Sandra Ann Mauricio, et al, in the 781h District Court of Wichita County, Texas. Moved by Councilor Altman to pass the proposed ordinance. Motion seconded by Councilor Burns. Moved by Councilor Altman to table this item until after the Executive Session. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 10g ORDINANCE NO. 70 -2001 ORDINANCE REVOKING A CONDITIONAL USE PERMIT GRANTED BY THE PLANNING AND ZONING COMMISSION TO ALLOW A COMMUNICATIONS TOWER TO LOCATE AT 4729 JACKSBORO HIGHWAY; 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. 70-2001 be passed. Motion seconded by Councilor Hawkins. Mr. Dave Clark informed that 12 property owners were notified within the 200-foot area of this location; none responded in favor and two responded opposed. Responses from property owners outside the 200-foot notification area were received; one was in favor and 15 were opposed. Concern was proximity to residences and business, decrease in property values, safety relating to height and emissions effects on residences and proximity to Kickapoo Airport. He added that when this was first considered under the regulations both Kickapoo Airport and Sheppard had signed off on this and said it was okay with them. The height of these towers is not an issue with them. Mr. Clark informed that Staff reviewed the request and gave approval for Kickapoo and the Operations for Kickapoo signed off on it. Mr. Robert Parker went over the FAA requirements and noted that it does not extend into the protected air space. He said that he had reviewed it and since it did not extend into FAA protected air space he did not see a problem with it. Everything out there is evaluated against FAA criteria. Councilor Altman expressed a concern that the policy in the ordinance is 50 feet and he did not see how Staff could make a recommendation contrary to a City ordinance, which is the policy of the City, regardless of the FAA. Mr. Parker stated that he was asked if it was an operational problem, and in his opinion anything below protected air space would not be an operational problem. Councilor Altman asked if it was his opinion that we do not need the 50-ft. restriction. Mr. Parker responded that he had expressed that opinion before the ordinance was presented to the Council. Jon Brightmire, 320 S. Boston Suite 500, Tulsa, OK. Representative for U.S. Cellular and Denny Redmon, Land Acquisition, Inc., Tulsa, OK. spoke against this ordinance. 379 Item 10q continued Councilor Altman felt that we have what he considers improper statements by a Staff member agreeing to waive Council policy in the form of an ordinance. I do not think that a Staff member can say that on behalf of Kickapoo Airpark that it is okay when it is in direct violation of an ordinance that Council has passed. Staff does not have the power to waive that height requirement. Staff may recommend a waiver of the ordinance but not come before Council arbitrarily and say that it is by Staffs approval. That is not an appropriate function of the Staff to just waive a policy. City Manager stated that he did not know what had happened but he will look into that. He felt that what had been asked was if it violated FAA. David Meyers and Raymond Myers, 5000 Joyce Lane, spoke in favor of this ordinance. Barbara Holzer, 5009 Joyce Lane, expressed appreciation to the Council for standing firm on this ordinance. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 10h ORDINANCE NO. 71-2001 ORDINANCE CLOSING, VACATING, AND ABANDONING APPROXIMATELY A5- FOOT WIDE BY 37-FOOT LONG PORTION OF A 10-FOOT WIDE UTILITY EASEMENT LOCATED AT #5 RAMONA COURT, WICHITA FALLS, WICHITA COUNTY, TEXAS; ALSO KNOWN AS LOT 5, BLOCK 1, ROLLING HILLS ESTATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 71-2001 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 11 a RESOLUTION NO. 82-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A SPECIAL WARRANTY DEED REVERTING OWNERSHIP OF THE NOW VACATED FIRE STATION NUMBER SEVEN LOCATED AT 1215 NORTH BEVERLY AS MUTUALLY AGREED UPON ORIGINALLY WHEN OWNERSHIP WAS TRANSFERRED TO CITY OF WICHITA FALLS; 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. 82-2001 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 380 Item 11 b RESOLUTION NO. 83-2001 RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD (TIF) TO ENHANCE INTERNET ACCESS AND COMPUTER RELATED SERVICES AT THE LIBRARY; 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. 83-2001 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 11 c A proposed resolution was presented approving and adopting the proposed use of funds in the Action Plan of the Consolidated Plan for the period of October 1, 2001 to September 30, 2002 and amending the Action Plan for 2000-2001. Moved by Councilor Ammons that Resolution No. 84-2001 be passed Motion seconded by Councilor Burns. Mr. Dave Clark requested that Council consider using the Mill & Overlay Funds ($61,844) for the Taylor Street Reconstruction Project. That means that the $700,000 in the amount of un-programmed funds would be $638,156 because we would be utilizing that additional $61,844 out of this year's funds rather than roll it over into next year's funds. Acting City Attorney opinioned that the Plan be revised to accommodate that change and to approve this resolution with that revision. Mr. Clark clarified that, first, the Mill & Overlay of Streets line item would become the Taylor Street Reconstruction Project. Second, instead of a $700,000 roll over it would be a $638,156 roll over and the $61,844 would be allocated during this year. Moved by Councilor Hawkins to amend the proposed projects for the one year Action Plan so that the un-programmed amount be changed from $700,000 to $638,156 and that the $61,844 be changed from Mill & Overlay to Taylor Street Reconstruction Project and that it be taken out of this year's funds. Councilor Altman suggested that this be tabled until Staff types up the amended proposal and attaches it as Exhibit A to this resolution. Acting City Attorney concurred and stated that as long as this resolution is passed and Council's intent is clear, it can be done by attachment or exhibit. Moved by Councilor Altman to table this item until after the Executive Session. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 381 Item 11d RESOLUTION NO. 85-2001 RESOLUTION TO APPROVE AN ENGINEERING SERVICES CONTRACT WITH HALFF ASSOCIATES, INC. FOR THE MCGRATH CREEK DRAINAGE STUDY; 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.85-2001 be passed Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 12a RESOLUTION NO. 86-2001 RESOLUTION TO AWARD BID AND EXECUTE CONTRACT FOR THE TAYLOR STREET RECONSTRUCTION (CDBG) PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Resolution No. 86-2001 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 13a A discussion was had to consider a joint meeting of the City Council and the Construction Board of Appeals on various building codes and licensing requirements. Councilor Hawkins stated that a joint meeting was necessary to solve problems that have occurred over time. Councilor Altman asked that Staff provide Council alternative proposals to look at in order to save time when we have this meeting. Rick Graham, 1340 N. Saratoga Trail, North Lake Arrowhead Estates, Wichita Falls, spoke against the Ordinance which prevents a property owner from pulling a permit to start construction. It is a policy issue and he did not feel that the Construction Board of Appeals should be setting policy. Mr. Graham suggested that the wording in paragraph E and H be deleted and the following wording substituted. Paragraph E: "Legal property owners or their duly authorized agents shall be exempt from licensing requirements. This ownership exemption applies both to residential and commercial construction projects". Paragraph H: "Legal property owners or their duly authorized agents shall be issued building permits. All work must conform with the rules and regulations provided by the City of Wichita Falls Building Code and all ordinances that may be hereafter passed". He suggested not deleting any of the requirements for contractors bonding if you change the contractor definition is changed. Mr. Graham suggested that the contractor definition be amended as follows: "Contractor: Any person or entity, exempting legal property owners or their duly authorized agents, who undertakes..." Councilor Altman stated that Mr. Graham's suggested wording on the contractor definition is too broad. 382 Item 13a continued Christy Graham, 1340 N. Saratoga Trail, suggested that when this joint meeting is scheduled that the North Texas Rental Property Association be notified. Ruby Ditto, 1301 Buchanan, mentioned the two carports that she was trying to obtain permits to complete. She asked that Council allow property owners to obtain permits to work on their property. Councilor Hawkins informed Mrs. Ditto that the only way to speed this up was to ask for a waiver for her carports. Mrs. Ditto requested a waiver to construct two carports that were previously approved by Council, at 1430 Kinsale and 1434 Kinsale. Mayor directed that this be placed on the next Council agenda. City Manager asked if Council wanted to hold a joint meeting with the Construction Board of Appeals. It was Council consensus to hold a joint meeting. City Manager will poll council for dates and times. Councilor Hawkins suggested an evening meeting. Item 13b Councilor Esther stated that City employees were overworked on July 4 because of violation of the fireworks ordinance. He asked that this be looked into. Councilor Esther complimented Mrs. Jan Stricklin for a job well done on the trip to Germany. Councilor Hawkins expressed appreciation that work was beginning on the Expressway Village trail. He mentioned calls relating to the City watering outside the mandatory hours. Mr. Murphy stated that it was possible and it would probably continue to happen because the controllers are not 100% accurate but we do everything we can to stay in compliance. Mr. Murphy asked for citizens' assistance by calling the City when they notice City sprinklers operating between the 11a.m.-6 p.m. time frame. Councilor Hawkins expressed concern with kids kicking off the sprinkler systems and asked that parents be notified and that citizens notify the City when this happens. He asked when the North overpass would be open. Mr. Robert Parker informed that it would be open at 5 p.m. today. Councilor Hawkins announced that the Association of Mayors, Councilors and Commissioners Conference would be held here this week and asked that everyone give them a warm welcome. Councilor Williams expressed appreciation to Mrs. Stricklin for the outstanding job in making preparations before, during and after the trip to Germany, as well as coordinating the Association of Mayors, Councilors and Commissioners Conference upon their return. Councilor Ammons expressed appreciation to Mr. Clark for the tour of Lake Wichita and its facilities. Councilors Ammons and Hawkins participated in this informational tour. Councilor Burns remarked on the fireworks violations in the City. He gave kudos to the Fire Department because although they were overworked they did an outstanding job. Councilor Altman expressed appreciation to Mrs. Stricklin for doing an outstanding job of logistics and coordination on the trip to Germany. He gave his feelings of the trip and the warm German reception they received. Councilor Altman stated that he had prepared a statement that he was going to read today to place an item on the next agenda to remove the Mayor from office. He said that the Mayor's conduct while in Germany was atrocious. Between his drinking and sleeping I do not know how he remembers anything about the conduct of the other Council members to make comments on. Upon our return trip I gave a great deal of consideration on this community on what would be better and what would not be. I did not run for office with an agenda and I believe that everyone on the Council, with one exception, ran for office to serve the citizens of this community. However, I also feel we should strive to work together like we did at the beginning. When Jerry Lueck was elected from the beginning everyone on this Council tried to assist and work with him and we should try to continue to do that. Therefore, I am not going to read that prepared statement nor make that motion at this time. But I think we should have a mayor that should talk positively about Wichita Falls and reflect positively upon the office of mayor and upon Wichita Falls. Instead of 383 Item 13b continued downgrading, belittling, and accusing every one of lying and falsifying things because they happen to make comments he did not agree with, I think we ought to try to work together and I am going to try to make that effort. On the other hand I am going to expect, if we do that, that our Mayor become a positive image for our community and conduct himself in such a manner that it would be a positive reflection upon his office and this community. I welcome the opportunity to serve with all the people on this Council and I am going to continue to do the best job I can. Every one of us were elected by you the citizens and you voted for a City Charter where we can be removed for conduct unbecoming the office. I would hope that from this point on we can go forward and honor the offices that we serve. We can disagree on issues and policy but we should not denigrate, disparage and disgrace the office to which we were elected. I am going to try to do a better job and I hope everyone else will. Mayor said he had no intention of talking about the trip to Germany but he will answer. He commented as follows. The Mayor was never drunk and did not drink any more than anybody else on the Council who attended. As far as the media being on boards, they can't be because Altman has them all filled. It takes 7/8ths of the board to remove me and Altman has tried numerous times to get me removed. Yes, he wants to run for mayor and he wants to be the mayor. When in Germany, I received a fax and it was given to Altman. I was monitored every second while there and I was on guard every second while I was there. I passed out cards to identify ourselves. I gave Jan Stricklin $200 and she brought me back $141 worth of marks. I do not know or care what happened to the $59. Wichita Falls newspaper article reported that they had a net around me. When the German media tried to interview me Jan Stricklin told me what to answer them. I don't need someone to answer my questions; I can answer myself. I was ridiculed from the time I left here until I returned. I don't want to get into a hassle about the trip. I paid my own way and I am not obligated to the taxpayers and do not have any qualms about it. I enjoyed the trip and I looked at things differently because I was there during the war. When we went to the different events and places, in the back of my mind I wondered how this was going to benefit my City. He mentioned several events and what occurred. He said that the Wichita Falls contingency ridiculed him any way they could and did a good job, however, the Germans saw it and were not too happy. Item 13c City Manager felt that the trip was worthwhile, despite everything that has been said. I think a lot of good came out of it and will come out of it. If you have a sister city, you honor it and you exchange and I hope they come back and that we go back. He commented that any time a group travels together there will be differences. We had some differences but nothing that in my opinion jeopardized the trip or made it less than what everybody that went expected it to be. It was well worthwhile. Acting City Attorney informed that a time needs to be determined to schedule a meeting with Professors Guinn and Morrison, Redistricting Consultants from Baylor University, to meet with Council to present facts and figures regarding the census. They will be in Wichita Falls next Wednesday to meet with the W.F.I.S.D. Jack Murphy informed that the Park Plan had been approved by the State, which will allow extra points for grants. Item 13d(1) City Council went into Executive Session at 1:30 p.m. as authorized by Section 551.071 of the Texas Government Code. City Council reconvened at 1:45 p. m. Councilor Hawkins was not in attendance. 384 Item 10f ORDINANCE NO. 69-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY TO ACCOUNT NO. 100-1360-73060 IN THE AMOUNT OF $22,000, UTILIZED FOR THE SETTLEMENT OF PENDING LITIGATION STYLED NO. 148,772-B; TOMMY EDGAR FINLEY, JR., ET AL, V. SANDRA ANN MAURICIO, ET AL, IN THE 78T" DISTRICT COURT 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 to remove Council Bill 166 (Item 10f) from the table. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Moved by Councilor Altman to amend proposed ordinance by inserting the amount of $22,000 in the blank in Section 1. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Item 11 c RESOLUTION NO. 84 -2001 RESOLUTION APPROVING AND ADOPTING THE PROPOSED USE OF FUNDS IN THE ACTION PLAN OF THE CONSOLIDATED PLAN FOR THE PERIOD OF OCTOBER 1, 2001 TO SEPTEMBER 30, 2002 AND AMENDING THE ACTION PLAN FOR 2000-2001; 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 to remove Council Bill 171 (Item 11 c) from the table. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Acting City Attorney submitted as Exhibit changes previously discussed by Mr. Dave Clark. They include the line item amount of un-programmed funds to be reallocated to FY02 -$638,156. The next line item amount of un-programmed funds to be reallocated to FY01, Taylor Street- $61,844. Lastly, Taylor Street Reconstruction FY01 - insert $61,844. Moved by Councilor Altman to amend proposed resolution as reflected in the amendments previously handed out with the allocations attached and as stated by Acting City Attorney. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns 385 Item 11 c continued Nays: None Main motioned as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None City Council adjourned at 2:00 p.m. PASSED AND APPROVED this`day of G tti 2001. RRY LUECK MAYOR ATTEST: 1LL L' Lydia Torres City Clerk ,�I ■ CITY OF WICHITA FALLS, TEXAS CITY COUNCIL ■ ■ ■ July 17, 2001 i ■ ■ ■ Jon E. Brightmire DOERNER, SAUNDERS, DANIEL &ANDERSON,L.L.P. 320 South Boston,Suite 500 Tulsa, OK 74103 (918)582-1211 ■ evvN \Oc ■ ■ i i ' TABLE OF CONTENTS 1. 5/22/01 letter from Denny Redmon to Paul Stillson with application. 2. Justification for Site. 3. Pictures of Site. 4. Staff Report. 5. Correspondence between Richard Boyd and John Taylor concerning storm water detention. 6. 6/6/01 Letter from Sabre Communications to U.S. Cellular concerning structural integrity of monopole. II �, odand c4cquisitions, Inc 1535 S.Memorial Dr.,Suite 119,Tulsa,Oklahoma 74112 Ph.918-828-0060 Fax 918-828-0080 May 22,2001 City of Wichita Falls Mr. Paul Stillson,Planner II 1300 7"Street Wichita Falls, Texas 76307 RE: Kickapoo Cellular Site Mr. Stillson: On behalf of U.S. Cellular I am applying for a Conditional Use Permit and requesting a Variance from the Airport Board of Adjustment. Please find enclosed the following documents: 1. A Conditional Use Application ` 2. A check for$50.00 3. A Variance Application 4. A check for$100.00 5. Two (2)copies of the Site Plan 6. One copy of the FAA Determination 7. Justification from USCC RF Engineers I hope you find these documents in order. If you have other concerns or questions,please do not hesitate to call me @(800) 550-85311. Thank you for your assistance. Sincerely, Denny Redmon Land Acquisitions,Inc. II CITY OF WICHITA FALLS OFFICE USE: Wi('hitta CONDITIONAL USE CASE NO. TEXAS APPLICATION FEE PAID Property Address 1314 Echo Lane Legal Description 1 _ 5 N/A _ Kemp & Newby Lot(s) Block Section Subdivision Tax Account No. 0470-054 Proposed Use construct a Cellular Communications Facility with a 121X20' Pre-fab concrete equipment shelter Present Use Carden Zoning Light Industrial Property Platted ? [.x] Yes [ ] No Applicant's Name U.S. Cellular-Denny RpDaytime Phone#DFF: 918-828-W60 Cell: 918-628070 AgenMailing Address 1535 South Memorial Drive Suite#119 Tulsa,OK Zip 74112 1 hereby certify that all information contained herein is true and correct; that I have been informed of the date and time that this request will be considered by the Planning and Zoning Commission;Brad that all req ' issions(see reverse) have been provided. Applicant's Signature J DATE 5/14/01 ! .S. ellu De y n, Agent Owner's Signature DATE 9/ of Note: H. th Walker, Denny Redmon,Agent • Failure to submit the site plan to scale with all required information may be grounds for denial of the request. • See reverse side for instructions for site plan submission requirements. Permit (To be completed by the Planning Department.) A conditional use permit is hereby: [ ] Approved [ ] Disapproved [ ] Conditionally Approved (conditions attached) based on the Planning and Zoning Commission's action on NOTE: A CONDITIONAL USE PERMIT IS VALID FOR 1 YEAR UNLESS A BUILDING PERMIT IS ISSUED AND CONSTRUCTION IS ON GOING. City Planning Administrator Date 1300 7"'Street-P.O. Box 1431 -Wichita Falls,TX 76307 CITY OF WICHITA FALLS OFFICE USE: Wichita VARIANCE APPLICATION CASE NO. TEXAS FEE PAID SIGNS ISSUED PROPERTY ADDRESS: 1314 Echo Lane LEGAL DESCRIPTION: 1 1 Kemp & Newby LOT(S) BLOCK SECTION SUBDIVISION ZONING DISTRICT: LI PRESENT USE: Storage SPECIFIC REQUEST) am requesting to construct an 85' Monopole plus a 5' lightning rod. I believe 6455-C is restricting anything 50' AGL.' If this L � is the case, I am requesting a Variance for a 40' COMPLETE ITEMS 1-4 BELOW 1. State special circumstances peculiar to the land, structure, or building which necessitate # such request. Please see attached sheet 2. Demonstrate that the special conditions and circumstances are not a result of the actions of the applicant. Please see attached sheet 3. State how literal interpretation of the provisions of this ordinance deprive the applicant of the rights enjoyed by others in the district. Please see attached sheet 4. State how granting the variance would not confer upon the applicant any special privilege which is denied by the ordinance to land, structure, or buildings in the district. Please see attached sheet 1300 7"Street-P.O. Box 1431 -Wichita Falls,TX 76307 I � RE: 6455-C Additional Use Restrictions I am requesting to construct a 85' monopole plus a 5' lightning rod. I believe 6455 C is restricting anything 50' AGL. If this is the case, I am requesting a Variance for a 40'. 1. The proposed location of the tower is East of 4729 Jacksboro Hwy. approx. 218' and North of Echo Lane approx 172'. This is an area governed under the new Airport Zoning Regulations. The (RF) Radio Frequency Engineers for U.S. Cellular have determined that the height of 85' is essential to provide adequate coverage for transmission, reception, encryption, and translation of voice and data signals and to handoff this data to it's other towers within the City of Wichita Falls. 2. The customers of U.S. Cellular and the citizens of your community call our office & explain to us where and when they can make or receive calls or if in fact they are having a conversation and all of a sudden the call is terminated or discontinued. These are coverage or capacity deficiencies. We are attempting to rectify these deficiencies by the tower placement at this location. 3. We are mandated to provide coverage and capacity for our customers. This is why they have a contract with U.S. Cellular. This tower will have the capacity to allow three (3)carriers. One @ 82' center, another @ 67' center and still another @ 52' center. As the number of wireless telephones j continue to increase daily, the issue is not only coverage for all wireless carriers, whether they be Cellular or PCS, but capacity as well. USCC does not feel they have been singled out with this ordinance. This location happens to be the area that requires maximum improvement and is the best location to inhance their coverage and capacity. Even a tower at close proximity could use this tower location to improve their capacity. 4. USCC is providing a tower that will Co-locate a minimum two (2) additional carriers. I believe this attests that we will not be the only carrier benefiting from this tower of 90' height when approved. I hereby certify that all information contained herein is true and correct, and that all subm' sion requirements h een met. May 22, 2001 APPLICANTS SIG A RE DATE APPLICANTSNAME: Denny Redmon - Agent for U.S. Cellular ADDRESS: 1535 S. Memorial Drive Suite 119 Tulsa OK ZIP: 74112 PHONE: 918-828-0060 OFFICE USE This application for a Variance is hereby: Approved [ j Disapproved [ J Conditionally Approved [ j based on the Board of Adjustment's action on DATE. ' The Applicant shall obtain a building permit within 180 days from the date of approval. DIRECTOR OF COMMUNITY DEVELOPMENT DATE • II �TRUG SUBMISSION REQUIREMENTS: Submit site plan drawn to scale. PROCEDURE FEE: Variance = $100.00 1. Submit completed application at least 21 days prior to the Board of Adjustment meeting date along with the prescribed fee.a1.3 The Board th f Adju stment meets the 3 h n0 Wednesday of each month P Council Chambers, Memorial Auditorium, 1300 Seventh Street. 2. A staff report on this application will be mailed to the applicant at least 10 days prior to the Board of Adjustment meeting date. IF YOU HAVE FURTHER QUESTIONS, PLEASE CALL THE PLANNING DIVISION AT (940) 761-7451. . U.S.Cellular. We Connect I'vith you- Justification For New US Cellular Site US Cellular wishes to erect a cellular telephone tower at the Kickapoo location. A new cell site needs to be added to this location for several reasons. First,and foremost,this tower will help US Cellular to continue to provide quality cellular service to the Wichita Falls area. As can be seen from the following coverage plot,this tower has been strategically placed so that it will help to offload three of US Cellular's existing towers. 1 SAFC r WIZARD 17 Ede Edit I,lMw "&4 QPW. Puday � 7= Help rraific o ! ® a F[0 0 lt , gl ?IMI*WIMIeIml+ mz %ICI �\Hlxl:l•:Al*I Now Volt I - _ needy `�Oac CIiW iai NW:{J77 SL St N.'JD 0-51`Qv/-.,C �Stad WMimos fjHh6... ,SAF... ,ESPN.... "jlydmK•... 3PIav•.:. ®Cakul... I This will help to minimize the call blocking in that area,which will improve US Cellular's ability to provide immediate service in the event of an emergency. This tower will also improve the quality of US Cellular service by allowing US Cellular to clear up enough spectrum to make way for future traffic growth that will come from both new and existing customers. This tower will also help in US Cellular's effort to provide shorter,more neighborhood friendly,towers within the city limits. I I In an effort to reduce the number of towers inside of Wichita Falls,US Cellular will provide enough space for two additional carriers to co-locate onto our tower. US Cellular has also looked at the possibility of co-locating onto an existing SBA tower. Unfortunately,this is not possible. As you can see from the following coverage plot,the SBA tower is no where near where we need it to be. In fact,it is two miles north of where we need it to be. so,,;--i Rce;ia�f rllhr !'Iq s.UCmii I �•.�u.urrRr4ir�,...n r . U.S. Cellular. We Connect Ivith you- A Ele t ds Iltlfxks Plan Window tjelp Traffic clfcgig I I6,_0I01h. I•�lm15'leIef l l l l®I�+J I sl�l_xa l _I_ I•�I L�I'�h"I*I Lid � ■ _jW 3 E Rcady (Sec ;CFx-Nw: 335631N.983528W SE: 334859F7.9S21'�'ON—! Mawc�335113N.9f33f11HW '—�— (—ram r - IolaII Start . ]o'� �Midos... �1Hdmat.. +,�`,W.. MESPN... �jlr •... M3PIay-... ®Cak ;,Q��vt.. If we were to co-locate onto this tower it would be necessary for us to build a third tower in order to offload traffic offof US Cellular's South West Wichita Falls site. 'I I l i I � I i Page 1 of 1 t file://C:\Documents%20and%20Settings\djanke\Local%20Settings\Temporary%20Internet'... 6/11/2001 Page 1 of 1 j � 7 J"Y hFP 4� S?�°� `� ,'fix. t' � 1� �•�b i � t i t 1 t ' t i �� file://C:\Documents%20and%20Settings\djanke\Local%20Settings\Temporary%20Internet'... 6/11/2001 Page 1 of 1 c' i I 1 �� file://C:\Documents%20and%20Settings\djanke\Local%20Settings\Temporary%20Internet'... 6/11/2001 Page 1 of 1 rl r � - rf r r r . r r r . r i ` file://C:\Documents%20and%20Settings\djanke\Local%20Settings\Temporary%20Internet'... 6/11/2001 STAFF REPORT PLANNING &ZONING COMMISSION June 13, 2001 -2:00 p.m. GENERAL INFORMATION Case No.: C 01-27 Applicant: Denny Redmon, for Land Acquisitions, Inc. Requested action: Conditional Use Permit for a 85 foot communications tower with a 5 foot lighting rod, for a total tower height of 90 feet. Property: Approximately 0.432 acres out of Block 5, Kemp and Newby Sub., Cherokee School Lands, Wichita Falls, Texas. Proposed Lot 1, Block 1, Smith Walker Addition. ' Location: Located 172.5 feet north and 230 feet east of the intersection of Jacksboro Highway and Echo Lane. Existing Land Use: Contractor's office, zoned LI ' Surrounding Land Uses & Zoning: N: Big State Grinding, LI S: Dog Grooming & Taxidermy, LI E: Kickapoo Airport, LI W: Offices, Mini-Storage, GC COMMENTARY The applicant is requesting approval of a 90-foot communications tower to be located on the east portion a tract of land that is being platted. On this tract is a contractor's office; east of the site is adjacent to Kickapoo Airport. The following narrative compares the applicant's proposal to the requirements of the ordinance. Conformance With Proposed Zoning District Proposed tower is within the Light Industrial zoning district. A communication tower requires a Conditional Use Permit in this zone. i i Tower Setbacks From Adjacent Right-of-Way Distance from the tower to Jacksboro Highway (a minor arterial street) is 230 feet. The setbacks from the right-of-ways of a minor arterial street are required to be equal to the tower height (90 feet), or 100 feet minimum whichever is greater. Distance from the tower to Echo Lane R.O.W. (a local street) is 170 feet. The setbacks from the right-of-ways of a local street are required to be equal to the ' tower height (90 feet), or 50 feet minimum whichever is greater. Applicant's setbacks from adjacent right-of-ways meet Ordinance requirements. Setbacks From Adjacent Properties Distance in feet, to adjacent property line of applicant's proposed site: North property line: 17.5 feet South property line: 60 feet East property line: 25 feet West property line: 230 feet Note:All setbacks are required to be equal to the tower height of 90 feet. The applicant's setbacks from property lines do not meet Ordinance requirements. from roe lines and right-of-ways e ual to the A tower should be setback property rtyq height of the tower, consideration of °fall" characteristics may be used to reduce setback. The nature of the tower (monopole) does not have a designed "break' point. After review of the applicant's engineering study, the tower will meet minimum wind load requirements. Due to the nature of adjacent land uses and zoning district, staff feels that the setbacks in relation to the tower height proposed is sufficient to accomplish the intent of the Ordinance. Setbacks Adjacent To Residences, Single Family Districts The distance from the nearest residence is 220 feet. The required setback from Single Family uses is 300 feet. The nearest residence is located south of Echo Lane. Note: The applicant's setbacks from residential uses do not meet Ordinance rrequirements. The distance from a residential zoning district is 260 feet. The required setback from Single Family boundaries is 300 feet. The nearest Single Family boundary is west of Jacksboro Highway. Note: The applicant's setbacks from residential boundaries do not meet Ordinance requirements. The ordinance states that a 100-foot tower should be no closer than 300 feet to nearest residential use or residential zoning boundary. For every additional foot of height over 100 feet, the tower setback shall increase by 1 foot. Staff has determined through review of the proposal that the tower will sustain an ' 80 mile-per-hour wind load with one-half inch radial ice. In addition, the proposed location is within the Light Industrial (LI) zoning district and adjacent zoning districts are commercial. The height of the proposed tower does not pose a hazard to any adjacent residential structure. Being separated from neighboring residential zoning districts by commercial uses should insure protection of these areas both from a safety and aesthetic standpoint. Required Submittals: 1. The applicant has submitted engineering specifications certifying an 80 mph wind load with '/2 inch radial ice. 2. The applicant has submitted an FAA determination showing approval of an allowed tower height of 90 feet. FAA approval does not consider a city ordinance requirement. 3. The applicant has submitted the required site plan. However, the plan does not include: a. Landscape Plan: The applicant has not submitted the required landscape plan. Landscaping shall be required according to Section ' 6800. Additional Landscaping shall be required as the tower is within 100 feet of a public right-of-way and 300 feet from an adjacent land use. Such landscaping shall screen ground level effects of the tower. b. Parking and Paving Plan: If a building is provided for human occupation, parking shall be provided. The applicant's plan does not show the required paved access or parking. Paved access shall be provided for all towers. A 9-foot drive shall be considered minimum by staff. 4. The applicant has provided a co-location statement. 5. Elevation drawings: The applicant has supplied the required elevation drawings for this tower. i Airport Impact Evaluation The Planning Division has requested Sheppard AFB and Kickapoo Airpark to review this proposal. They have determined there will be no significant impact. Conformance with Airport Zoning Regulations Property is located in a transitional height restriction zone with a maximum allowed height of 41.6 feet, after adding the 50-foot buffer. The proposed construction exceeds the Airport Zoning height limit. Other Site Development requirements All freestanding tower sites (including monopole towers) must be platted. A plat of the property has been submitted for approval. RECOMMENDATION Due to conflict with the Airport Zoning Regulations because of the tower's presence within a height transition zone for Kickapoo Airpark, this request will require action by the Airport Board of Adjustments. Any approval of this application must be conditional upon favorable action by that board. i 0'/11/01 22:11 FAl Z 02 CORLETT, ' PROBST & Riebad K.B p.IE, . BOYD, L.LJ?. Engineers + Surveyors °`°°`�L"ioDMIffim�Y_ ' May 25, 2001 Mr.John S. Taylor, P.E. City Engineer P.O_ Box 1431 Wichita Falls,Texas 78301 Re: Cellular Tower Site Lot 1, Block 1 Smith Walker Addition ' Dear Scott: Please be advised that, other than a 12 x 20'building and about 50 feet of sidewalk.the developer of subject tower site does not propose to create any impervious areas on subject Lot 1, Block 1, Smith Walker Addition for his tower site- Existing hand surface areas will be ub'lized to meet the parking requirements and the impact on storm water runoff will be negfigible. Respectfully, , C RLETT, PRO BST 8 BOYD, LLP ' Richard K. Boyd, P-E. RKBlcm ' cr. Denny Redman Land Acquisitions 6�6 tgot � 6� 46W J=Ubm Mghway Wkela falls.Texas 76M Email:co4wf m Telepho w(9W)723-1455 Fax(9Q)3974U9 116/11/01 12:11 FAX Z 01 `i11 ichi ' May 30, 2001 Mr. Richard Boyd, P.E. Corlett, Probst& Boyd, L.L.P. 4605 dacksboro Highway Wchits Falls, TX 76302 RE: Cellular Tower Site, Lot 1, Block 1, Smith Walker Addition Bear Richard: I have reviewed your letter concerning the storrrwwater detention for the above referenced project. I concur with your letter that More will be no Increase in runoff from this property, therefore stormwater detention is not required. If you have any questions concerning this matter, please feel free to contact me. Sincerely, Scott Taylor, P.E. City Engineer cc: Correspondence File Subdivision File II 1300 7th Street P O.Dw 1431 VAWft Falls,Texas 76307 abre o Communications Corporation Guyed and Self-Supporting Towers,Monopoles, HF Antenna Systems and Tumkey Installations June 6, 2001 ' Ms. Tharon Anderson U S Cellular Corporation 2889 Hwy 290 West ' Brenham, TX 77834 Dear Ms. Anderson, I am writing this letter in reference to your request for Sabre Communications Corporation to determine the mode of collapse for monopoles used as communication structures. This 85' monopole structure will be located at the Lawton, Comanche County, Oklahoma site. ' Monopoles are designed in accordance with the Electronics Industry Association Standard EIA/TIA- 222-F 1996, which is a nationally approved A.N.S.I. Standard for communication structure design. Although it is extremely rare for a monopole to collapse (we have never heard of any) most failures would occur in a catastrophic wind such as a tornado or a hurricane. This monopole was designed to support loadings for an 80 mph wind with 1/2" ice. The most important phenomenon, which would prevent the monopole from a free fall type failure, is the nature of the force being applied. We would expect this force to be produced by the wind. A wind that would cause overstressing of the monopole would be greater than the basic wind speed, the gust ' factor and the factor of safety combined. A gust would soon dissipate and after this peak wind is gone, the stress in the monopole would be reduced. Monopoles are flexible, forgiving structures, which are not generally susceptible to damage by impact loads such as a wind gust. It takes some ' time for the entire structure to "see" the impact loading. Even if the pole were to experience some localized distortion, it would still have a significant capacity. It is this capacity along with the transitory nature of the loading that prevents a pole from "falling over". ' In the very unlikely event of structural failure, the top portion of the monopole would collapse first. This falling portion would be "hinged" to the top portion of the remaining structure. Consequently, the fall zone for the collapse of the referenced monopole due to natural causes is a circular area having a ' radius equal to 40 feet. We trust that this information is helpful in explaining that the monopoles are designed to survive rather than collapse. Please let us know if you have any questions or require additional information. Sincerely, Q�OFFE—SQS/p Sabre Communications Corp I CH SHING � ames R. Gibson CO) LEE Contracts Manager �6 low O�LAHOM,� gins Miirrav RtraPt P 0 Rnx RF,R Simix Citv IA 51102-0658 712.258.6690 Fax 712.258.8250 386 Wichita Falls, Texas Memorial Auditorium Building July 25, 2001 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in special session on the above date in the Council Room of the Memorial Auditorium Building at 3:00 o'clock p.m., with the following members present: Jerry Lueck - Mayor Bill Altman - Mayor Pro Tem Arthur Bea Williams - Councilors Linda Ammons James Esther, Jr. - Johnny Burns - Harold Hawkins - James Berzina - City Manager Bill Sullivan - Acting City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Councilor Hawkins gave the invocation. Item 3 The purpose of this meeting was to discuss redistricting and facts and figures resulting from the 2000 census. Acting City Attorney informed that in December the City retained Professor David Guinn and his partner Professor Mike Morrison to assist us in looking at the 2000 census and possible redistricting issues. Professor Guinn is here today to provide Council his initial findings. Professor Guinn gave an overview of the redistricting process. He informed that the State grew by about 4 million people, which is about a 22.8% enhancement. About 60% or better are related to our Hispanic community. It is projected that in 30 years Texas will have 34 million people and our minority profile will be about 63.5%. He went over the voting rights process. Since we elect from single member districts Avery V. Midland County mandates one person one vote, however, this is a misnomer because it does not deal with registered voters it deals with warm bodies. The census counts everybody whether children, registered or not, including aliens. The formula requires that we take the aggregate number of single member districts and divide that into the total population and come up with the numeric ideal and we shoot for balance within a tolerance level of 10%, 5% up or down. That is a Federal Constitutional requirement. Initially it has nothing to do with race or ethnicity, it is a question of balancing the population. It will be our obligation to divide 100,535 (population) by 5 (single member districts) which means each of you is supposed to have a numerically perfect ideal district of 20,107. That number deletes 3662 of incarcerated felons in the Allred Unit. In tandem with the equal protection obligation we must comply with the Federal Voting Rights Act which is a federal statute. Voting Rights Act, Section 5 states that all changes made in election laws must be pre-cleared through the Department of Justice. That is the process that we will go through. Section 5 keys around the word "retrogression" which means that we compare the old or existing plan and the new proposed plan and ask if the minority community district is 387 Item 3 continued worse off under the new plan than they were under the old plan. That means no "backsliding" in regard to minority participation in the process. The sole issue that the Justice Department will pass on is upon the issue of retrogression and backsliding. Justice O'Connor, principal author in regard to redistricting opinions, has said that it is perfectly appropriate to consider race but she said not to let race be the dominant motive. Essentially she has said to stay away from racial gerrymanders. In reviewing the maps provided by Professional Guinn, it was discovered that the maps were in error. Professor Guinn will look into this situation and correct it. He informed that the timeline was fluid. After an acceptable plan is obtained, they will publish public hearing notices in the newspaper. An ordinance will be passed adopting the plan and it will then be submitted to the Department of Justice for pre-clearance. He hopes to have this in place by the end of this year. He stated that the Wichita Falls Independent School District is a special purpose unit and the City is a general-purpose unit, therefore, the boundaries are not and will not be coterminous. County election precincts have to be self-contained within the City wards. Professor Guinn recommends an advisory committee be appointed but it is not mandatory. He stipulated that it is an advisory committee only and does not make the final decision. The Council makes the final determination on the plan. He informed that a council member is not prohibited from serving on the advisory committee. He provided the Acting City Attorney a copy of the new set of guidelines issued by the Department of Justice and suggested that they be given to the advisory committee. The committee meetings are open to the public but only the Council, Staff and committee members can participate in the dialogue. Citizens will have an opportunity to comment at the public hearing. Council can schedule as many public hearings as they want. Professor Guinn recommended that a meeting be held in the minority district. Any plan that is submitted has to be explained in a narrative with a copy of a map reflecting the plan. He noted that it is difficult to work a plan without the census geography. Normally, it takes a committee two meetings to complete the plan. He informed that he had contacted Dr. Richard Ingstrom, Louisiana State University, Fifth Circuit preeminent expert on regression analysis and asked him to get in touch with the City's election representative. Dr. Ingstrom addresses the issues of racial polarization and political cohesiveness, and his cost would be $2500 to do the analysis. Professor Guinn felt that Dr. Ingstrom was very essential in this process. The goal is to maintain the core of the existing districts, keep it compact and contiguous, honor the principal of one person one vote, narrowly tailor it to comply with Sec. 5, do as little damage as possible to our election precincts, and to the extent possible maintain incumbents in their districts and avoid pairing them with each other. Council consensus was to place a discussion item relating to the make up of the advisory committee on the August 7 Council meeting and then appoint an advisory committee at the August 21 Council meeting. Item 4 City Council went into Executive Session at 4:25 p.m. as authorized by Texas Local Government Code 551.071 City Council reconvened at 4:32 p.m. No action was taken. City Council adjourned at 4:34 p.m. 388 PASSED AND APPROVED this day of , 2001. 7— MAYOR ATTEST: F � Lydia Torres City Clerk 1 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, July, 17, 2001 , Beginning At 8:30 a.m. City Council: Mayor Gerald Lueck - Councilors Arthur Bea Williams, Linda Ammons, James Esther, William Altman, Johnny Burns, and Harold Hawkins 1. Call to Order. 2. Invocation: Pastor Gary McBee Northside Baptist Church 3. Presentations: Employee of the Month 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 6. Resolutions: a. Resolution To Accept The 2000 Alley Rehabilitation Project And Authorize Final Payment To McGrath Brothers. (City Council Bill #158) b. Resolution Approving The FY 2001-02 Budget For The Wichita Falls (413) Sales Tax Corporation. (City Council Bill #159) c. Resolution To Accept The Stone Lake Drive Reconstruction Project And Authorize Final Payment To Freeman Construction. (City Council Bill #160) City Council Agenda Tuesday, July 17, 2001 Page 2 7. Award of Bids: a. Award Of Bid For The Purchase Of Two (2) Front End Loader/Backhoes And One (1) Hydraulic Hammer To Texas Tractor And Lift In The Amount Of $115,692.00. b. Award Of Bid For The Purchase Of (3) 72" Front Mount Rotary Mowers To AMC Industries Inc., In The Amount Of $33,882.00. c. Award Of Bid For The City's Estimated Annual Requirement Of Automotive Lubrication Products To Western Marketing In The Amount Of $45,982.05. d. Award Of Bid For The Purchase Of The City's Annual Requirement Of Fall Flowers To Dream Valley Farms In The Amount Of $18,539.28. 8. Receive Minutes: a. Park Board — June 28, 2001 b. Commission on Human Needs — May 21, 2001 c. Wichita Falls Economic Development Corporation — March 5, 2001 d. Wichita Falls 413 Sales Tax Corporation — May 9, 2001 REGULAR AGENDA 9. Public Hearings: a. A Final Public Hearing On The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The One-Year Action Plan Under The Consolidated Plan. 10. Ordinances: a. Ordinance Amending Chapter 29, Article VIII, Division 2, "Traffic Safety Commission.". (City Council Bill #161) b. Ordinance Amending Sec. 22-92(h)(1)(b) Of The Code Of Ordinances To Increase The Fee For Evening Practice Reservation Of The Softball Complex And Other Lighted Park Ballfields. (City Council Bill #162) City Council Agenda Tuesday, July 17, 2001 Page 3 c. Ordinance Amending Sec. 22-93(A) Of The Code Of Ordinances To Prohibit The Bringing Of Prepared Food And The Cooking Of Food On The Premises Of The Softball Complex. (City Council Bill #163) d. Ordinance Waiving Section 22-4 Of The Code Of Ordinances To Permit The Possession and Consumption of Alcoholic Beverages During An Event Sponsored By The Convention And Visitors Bureau, To Be Held On The Grounds Around The Fenced Area Of The Log Cabin In Lucy Park On August 15, 2001. (City Council Bill #164) e. Ordinance Amending The Wichita Falls Code Of Ordinances, Appendix C Zoning Ordinance, Section 4220, Subsection I. Governing The Placement Of Carports Within The Front And Exterior Side Setbacks. (City Council Bill #165) f. Ordinance Making An Appropriation From General Fund Equity to 100-1360-73060 For Settlement Of Cause No. 148,772-B, Finley, et al, v. Sandra Ann Mauricio, et al. (City Council Bill #166) g. Ordinance Revoking A Conditional Use Permit Granted By The Planning And Zoning Commission To Allow A Communications Tower To Locate At 4729 Jacksboro Highway. (City Council Bill #167) h. Ordinance Closing A Portion Of A 10-Foot Wide Easement Located At #5 Ramona Court; Also Known As Lot 5, Block 1 , Rolling Hills Estate. (City Council Bill #168) 11 . Resolutions: a. Resolution Authorizing The City Manager To Approve And Execute A Special Warranty Deed Reverting Ownership Of Fire Station #7, Located At 1215 North Beverly And Now Vacated, As Agreed Upon By The Wichita Falls Independent School District And The City Of Wichita Falls By Deed Executed On July 30, 1965, As Recorded In Volume 960, Page 239, Deed Records Of Wichita County, Texas. (City Council Bill #169) City Council Agenda Tuesday, July 17, 2001 Page 4 b. Resolution Authorizing The City Manager To Submit A Grant Application To The Telecommunications Infrastructure Fund Board (TIF) To Enhance Internet Access And Computer Related Services At The Library. (City Council Bill #170) c. Resolution Approving The Proposed Use Of Funds In The Action Plan Of The Consolidated Plan For The Period Of October 1, 2001 To September 30, 2002 And The Amendment To The Action Plan For 2000-2001 . (City Council Bill #171) d. Resolution To Approve An Engineering Services Contract With Halff Associates, Inc. For the McGrath Creek Drainage Study. (City Council Bill #173) 12. Award of Bids: a. Resolution To Award Bid And Contract For Taylor Street Reconstruction (CDBG) Project. (City Council Bill #172) 13. Other Council Matters: a. Discussion Item To Consider A Joint Meeting Of The City Council And The Construction Board Of Appeals On Various Building Codes And Licensing Requirements. b. Discussion Of Items Of Concern To Members Of The City Council. c. Staff/Council Discussion. d. Executive Session: (1) Briefing By City Attorney Regarding Pending Litigation Cause No. 148,772-B, Finley, et al V. Sandra Ann Mauricio, et al; As Authorized By Section 551 .071 Of The Texas Government Code. 14. 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. City Council Agenda Tuesday, July 17, 2001 Page 5 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