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Min 10/21/1997 24 Wichita Falls, Texas Memorial Auditorium Building October 21, 1997 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: Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - JW Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Bill Daniel - Absent Mayor Yeager called the meeting to order. Invocation was given by Dr. Larry George, University United Methodist Church. Mayor proclaimed the week of October 20-24, 1997 as "National Business Women's Week" in Wichita Falls. Item 3 Harold Phifer, 1705 Speedway, presented the following concerns and said that something needs to be done about the speeding on Speedway. There is a need for a 4-way stop sign on Deerwood and Speedway; reduce speed to 20 or 25 m.p.h.; increase police radar in this area. He mentioned that 75 persons had signed a statement which says "Please help us help ourselves". Marion and Joel Glenn, 1716 Speedway, expressed the same concerns and their concern for the safety of the children. Police should be in the area after school and around 5:00 p.m. The dip on Deerwood and Speedway is dangerous. Mary Collins, 1703 Speedway, said traffic is intolerable and it bottlenecks at Brook Avenue. Reduce the speed and maybe put up more stop signs. Dr. John Kocurko, 1665 Speedway, agreed with everything that had been said. Speeding is a problem. People do not stop at the stop signs, however, some do slow down. He suggested automatic speed detectors. He stated that the dip on Deerwood and Speedway is dangerous but at the same time serves as a speed bump. Mayor stated that Council will be asking the Director of Traffic some questions at the end of this meeting in regards to this situation. Lynn Connolly, 2300 Farrington, addressed the limited restaurant located at 2100 Harrison, and informed that they have redesigned the floor plan and it will now occupy less than the required 1200 sq. ft. Because of this reduction, she requested that Council reconsider their action and place it on the November 4 Council agenda. 25 Item 4 Mayor noted that there were several typographical errors which do not impact the intent or the wording. She will pass these along to the City Clerk. The Minutes were approved as distributed. Items 5a-7c Councilor Shine asked that Item 5a be brought down to the regular agenda. Moved by Councilor Martin that the consent agenda be approved with the exception of Item 5a. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 5b RESOLUTION NO. 160-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REPAINTING SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5c RESOLUTION NO. 161-97 RESOLUTION APPROVING THE TRANSFER OF VARIOUS AGED RECEIVABLE ACCOUNTS TO DORMANT STATUS FOR SUBSEQUENT COLLECTION AND DISTRIBUTION BY THE LEGAL DEPARTMENT OR CITY COLLECTION AGENCY Item 6a RESOLUTION NO. 162-97 RESOLUTION TO ACCEPT THE PHASE 1 SANITARY SEWER COLLECTION SYSTEM PIPE REPLACEMENT PROJECT AND AUTHORIZE FINAL PAYMENT TO PM CONSTRUCTION COMPANY Items 7a-7c Minutes of the meeting of the following boards and commissions were received. a. Traffic Safety Commission, September 3, 1997 b. 4A Sales Tax Corporation, October 10, 1997 c. Wichita Falls Arts Commission, October 8, 1997 �r Item 5a RESOLUTION NO. 159-97 RESOLUTION APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION AND AUTHORIZING THE CITY MANAGER AND THE ARTS COMMISSION TO ENTER INTO CONTRACTS WITH SUCH AGENCIES. Moved by Councilor Shine that Resolution No. 159-97 be passed. 26 Item 5a cont'd. Motion seconded by Councilor Hawkins. Councilor Shine mentioned that when the Outside Agencies Committee met, the amounts which were requested are not exact, evidently, they rounded them off. Councilor Hawkins stated that $70,000 was what they had approved and he explained the process. Mayor said that there were two items which were requested but not recommended for funding and she asked for a review of the procedure. Councilor Hawkins explained that the agencies, in order to acquire funding, have to meet certain guidelines - art or art related. Also, they have to complete two courses to qualify for a grant. Lastly, they have to make application for membership to the Arts Commission prior to coming to the Outside Agencies Committee. The list for funding comes from the Arts Commission. Then the requesting agency comes individually before the committee stating their needs. The Committee determines whether this is art in itself and whether it falls under the purview of what the City is trying to assist with. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 8 A public hearing was held to receive comments regarding the November 1997 quarterly revisions to the fiscal year 1998-2000 Transportation Improvement Program. Mayor Yeager declared the public hearing open and allowed for public comment. Mr. Dave Clark commented that the Transportation Improvement Program contains federal, state, and locally-funded highway and transit projects which will occur during a three year period within the Wichita Falls metropolitan area. These projects will move toward the design and bid letting phase. There are several new projects and they have been brought forward by the Texas Department of Transportation and are principally maintenance projects or projects that because of design work and timing have had to be moved from last year into this year. Others that are listed are revisions and date changes. Mr. Clark enumerated the principal projects for 1998 and 1999. The 1998 projects are pavement improvements to 1-44 and U.S. 287; a bike trail; final bid letting for the Kemp & Kell Depot; proposed work along F.M. 369 that would be improvement of a drainage ditch there; Call Field Road property acquisition is near completion; improvements to Kemp Blvd., Eastside Drive bridge on the Wichita River, and to Seymour Highway in the Tanglewood area. The 1999 projects that are sliding backward are enclosure of the drainage ditch at F.M. 369 or Southwest Parkway; additional work for Kemp Street surface improvement; intersection of Taft & Hampstead; Seventh Street reconstruction; and beginning of the construction of the overhead pier at Holliday and Broad. Councilor Hawkins asked what effect will the enclosure of the drainage ditch at F.M. 369 have on our flooding problems in Faith Village? Mr. George Bonnett replied that they have some real concerns in that area. When this was approved by T.I.P. we required that the State submit to us a HEC 2 run, in accordance with federal statutes, documenting that the enclosure of that drainage ditch will not increase the probability of flooding. We have not seen that documentation yet, but will continue to work with the State to ensure that the aspects of the flood insurance program are not violated; however, we do have some concerns there. Mayor allowed for additional public comment. There being none, Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 108-97. ORDINANCE APPROPRIATING GENERAL FUND EQUITY IN THE AMOUNT OF $90,000 FOR THE PURCHASE AND INSTALLATION OF FOUR OUTDOOR WARNING SIRENS 27 Item 9a cont'd. Moved by Councilor Thompson that Ordinance No. 108-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None - - - - - - - - POW Item 9b A proposed ordinance was presented amending Chapter 31 of the Code of Ordinances which regulates vehicles for hire. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Shine. Mayor commented that this proposed ordinance had been discussed, amended, and tabled at our last meeting to allow the taxi companies to have additional input on these changes. Mr. Robert Powers informed that a taxi overview committee meeting was held and all franchise holders were notified. All were sent a copy of the proposed changes and invited to attend the meeting so they could provide their input. Only Mr. James Fields, owner of Special Disabled Transport attended the meeting and the only concern he voiced was the impact the insurance increase would have on his insurance premiums. Mr. Powers reported that one additional change was discussed at the meeting. That change relates to fees being attached to the application process and being paid up front. The work is done by the City Clerk, Police Department and Central Services, and the work is not being paid for if the permit is not issued. Also, the vehicle license fee is recommended to be paid up front. The procedures were discussed as to whether the applicant should begin the process at the City Clerk's Office or at the Police Department. We would like to keep the process the same, however, if Council wants to change it, we ask for a six month trial period. Council expressed that if the taxi companies don't have a problem with it, that procedure can be left as is. Mr. Powers mentioned that the Ordinance requires a Defensive Driving Certificate prior to the application being processed. In order to accommodate the taxi companies we are proposing to change that to request the Certificate after they are approved for a permit. James Fields, 1420 Tanbark, Special Disabled Transport, said that his only problem was the insurance increase which would be a 22% increase for him. He asked that Council consider this. Claudio Ramirez, Jr., All American Limousine, asked that Council table this because he did not receive the notice until Wednesday and All American Taxi did not receive theirs until Tuesday afternoon. He wanted to have more time to talk to the Taxi Oversight Committee about these changes, and asked that Council table this. He added that the increase to his insurance premiums would be 30% and they will have to increase the taxi fares. City Clerk informed that Jody Wade with Presidential Taxi & Limousines had called to voice his opinion on the changes and stated that he was in agreement with the changes including the $300,000 single limit insurance. There was additional discussion on the proposed insurance increase, and it was suggested that this be tabled for Staff to study and get input from the taxi companies. Moved by Councilor Hawkins to table this item. Motion seconded by Councilor Johnston and carried by the following vote. 28 Item 9b cont'd. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Mr. Powers asked for clarification. The purpose of the Committee's re-look would be for the taxi companies to evaluate the impact on their companies. Staff will work on the whole taxi cab issue and bring back a recommendation to the Council when it is resolved. Item 9c ORDINANCE NO. 109-97 AN ORDINANCE APPROPRIATING $90,000 FROM GENERAL FUND EQUITY TO THE FY 1997-98 POLICE DEPARTMENT BUDGET FOR PURPOSES OF AN EVALUATION OF AND NECESSARY PLANS AND SPECIFICATIONS FOR IMPROVEMENTS TO THE CITY OF WICHITA FALLS RADIO COMMUNICATIONS SYSTEM Moved by Councilor Johnston that Ordinance No. 109-97 be passed. Motion seconded by Councilor Thompson. City Manager stated that he believes this is the best way to go in order to get more complete answers as to what the needs are and the cost of those needs, the timing of those needs, what the system is and the cost of the system. We recommend that you stay with the independent approach because you are liable to get more useable information. Councilor Martin commented that he was opposed to the 800 study and was in support of Motorola. Councilor Johnston said that until we establish a priority and a time for this project the study is no good to us. Council is obligated to set the priorities on these major projects and until we do that I do not think we should be committing to a project. City Manager stated that this information is needed in order to set those priorities and set those time tables. Councilor Johnston asked City Manager if he was going to come in with a recommendation that we have a study done on all the projects that we are looking at? Where does drainage fit in as a priority and the training center? Are we going to have a study done on those too? City Manager replied that Council is going to be presented with a recommendation for a feasibility study on the training center fairly soon. We think we should have a facilities plan. In terms of the drainage and street projects you already have a menu from which to choose and you just need to decide and tell us which ones you want to do. The question is where are you going to sandwich in all these items that cost $3-$4 million. The information is going to be there and you make the choice which way you want to go first, along with the 4B Board because they will be asked for a lot of the funds to do this. I think the study is important because we do not know what that amount would be until we have the study done. Councilor Shine asked what justifies the $90,000. He asked the City Manager if he felt comfortable that they reviewed more than one company. City Manager replied that he did feel comfortable and they have talked to several companies about this. This is a two part study and if you want to use the consultants in the implementation stage you will have to add another $60,000 to the $90,000 for a total of $150,000. 1 do not think it is out of range and it is in a technical area in which we do not have the expertise. Councilor Shine said that his concern is whether this is the right firm. City Manager said that without question this is the firm we would recommend. They have the most experience with it, the most installations, the best at bringing 9 9 all the information together and coming with a recommendation that fits the organization they are working for. Mayor commented that we have been told of the necessity to update our public safety communications. Mayor inquired at what point and time are we going to get to a position where we are trying to keep up basically obsolete equipment and/or penalize ourselves because we do not have the capability of providing the essential public safety communications. City Manager stated that we may be getting there with the present equipment now but it does not mean that the rest could not be enhanced with some new installations and stay in that ballpark. We are satisfied that it is not a wasted study unless you totally throw out the idea that 29 Item 9c cont'd. you are going to do something different with your communications center. I think this study is going to walk us through some recommendations if we don't want to go to an 800 MHz trunk system and what we can do if we go to a 900 MHz system, or if we do any combinations thereof. It will be very descriptive of what our problems and potentials are in terms of what else we can get out of this radio system. We want a study that gets into how we add the computer aided dispatch systems and how it relates, rather than just get a system and pay the price tag when they are done. Mr. Robert Powers informed that the contract is a two phase contract, and the cost for Phase I is $25,000. If after Phase I things change, Council can go forward or stop, and you are not committed for the full amount. The $25,000 is comparable to the needs study, and these fees are in line with what other cities have paid. Mayor commented that she has a problem with having a potential vendor doing the study. There is a potential for a conflict there, and we could get a report which is basically restrictive, therefore, precludes the competitive bidding process. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 9d ORDINANCE NO. 110-97 ORDINANCE AMENDING SECTIONS 17-3, 17-8 AND 17-19 OF THE CODE OF ORDINANCES TO PROVIDE RULES AND REGULATIONS FOR AUTOMATED CURBSIDE COLLECTION OF REFUSE, TRASH AND GARBAGE Moved by Councilor Thompson that Ordinance No. 110-97 be passed. Motion seconded by Councilor Shine. Mr. George Bonnett informed that this is a cost saving issue but more importantly it is an employee safety issue. We have some recommendations for you and we need Council input on what you would want us to do. Mr. David Lehfeldt gave a report on the new automated collections system. He mentioned the following changes, questions, and proposals: a. Ordinance amendment to provide carts to the citizens instead of citizens providing the carts. b. Do we charge a deposit and what happens when the cart is stolen or vandalized? We will provide the first and second carts at no charge. On the third cart we will requirea $40 deposit, which is basically our cost. c. Can we provide a means where we make our charges more equitable? Under the new system we can provide a large container and if necessary we will provide another container at a 50% service charge. d. All materials are to be placed in the containers. This will require an amendment to the Ordinance. Mr. Lehfeldt informed Council of the two areas where the automation program will begin in the City. Both of these areas have alley container service but we do not propose to change that service at this time. Also, we will be proposing to use the first batch of roll-out carts in the newly annexed areas since they are already on privatized automation service. We propose to use the sides of our garbage trucks as an advertising billboard. It is a quick way of letting the citizens know what we are doing and the programs that are available. Mayor stated that the proposed changes include a $40 deposit for a third container, with the first and second containers being free of charge. Councilor Martin felt that they should charge after the third container. 30 Item 9d cont'd. Moved by Councilor Martin that a $40 deposit be charged on the fourth container. Motion died for a lack of a second. Frank Higginbotham, 4718 Reginald Drive, stated that he did not think this automated system would save the citizens money. We are going to spend millions of dollars to purchase these trucks. You are going to save the City money but it is going to cost the citizens four times as much to get their trash hauled. How much has the City spent on injuries? Where are the large items, the brush, the cardboard boxes, etc., going to be put? It is not economically feasible to go to this automated service. You are going to cost the citizens a bunch of money to save the City money. You are going to have the same amount of trash and the same amount of everything else. City Manager stated that the City is the people and that is who is going to save the money. There are some places where people will have problems. We are going to buy the equipment whether it is this equipment or replacement equipment. It is in the operation where you save the money. Mayor asked Council if there was a consensus on the suggested changes to the Ordinance as presented. Councilor Thompson asked at what point will Public Works report on the success of this program? Mr. Bonnett replied that they are budgeted for the next three units to come on line. We will come to you on the bids in the next 4-5 months for units to come on line in 1998 and 1999. He commented that at any time you change refuse collection it will cause a great deal of controversy. Councilor Thompson wanted to know at what point would the citizens' comments be considered regarding the costs to them. Mr. Bonnett replied that Council has to deal with that when we come back to you with the bids for the next three units. The alternative is to raise the rates. Council is going to have to balance the rates against the concerns that any change in service raises. Councilor Johnston suggested that a public hearing be held before we bid. Mr. Bonnett suggested doing it in-house or through a survey of the users. Councilor Johnston agreed, but said we need to get input from both sides. Councilor Shine wanted to know where the City's responsibility was for the trash, and where does it stop? What are we going to do about the large items? Mr. Bonnett stated that we do not pick up the bulky items now, however, we do provide a service for a fee to pick up bulky items. Also, we have free services at the landfill for citizens to bring their bulky items. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None City Council recessed at 10:25 a.m. and reconvened at 10:45 a.m. Item 9e A proposed ordinance was presented waiving Appendix A, Subdivision Section 9(B)(2)(a) of the Code of Ordinances with respect to placing curb and gutter on the west side of Richmond Drive adjacent to the east line of Lot 73-A, Nelson-Stone Subdivision No 1. Moved by Councilor Thompson that proposed ordinance be passed. Motion seconded by Councilor Shine. Mr. Bill Parker explained that sidewalk is a building permit issue and curb and gutter is a platting issue. This waiver request is for curb and gutter in a platted subdivision. Richmond Drive was never improved to City standards. Builder purchased Lots 73 and 74 in the Subdivision. The extent of water service is a fire hydrant in the corner of Lot 74. Mr. Denman built his house on Lot 73 and technically does not have water service to that lot and would be required to run a 60 ft. line to get water service. He took the option of re-platting, taking Lots 31 Item 9e cont'd. 73 and 74 and combining them into Lot 73A. This triggered the request for waiver of curb and gutter. It is technically feasible to construct curb and gutter on this site, therefore, we recommend disapproval of this waiver. Councilor Hawkins commented that only 120 ft. would have curb and gutter on one side of the street and the rest of the street would be rural. Mr. Denman could discontinue the replat and run the water line. Mr. Bonnett concurred. Councilor Hawkins added that when we replat into one lot they will not have to run the water line, however they cannot build another residence on that lot. I think it would be a mistake to require them to put in curb and gutter out there. That would be the only lot that has curb and gutter simply because they are re-platting it. Donald and Cindy Denman, owners of the lots in question, said they want the curb and gutter waived because no one else has been required to put one in out there. The house has been sitting there three to four weeks and we cannot move in because we are waiting for a water meter. Because we are re-platting we have had all these problems and had we known it would be this much trouble we probably would not have re-platted. We ask that Council waive the curb and gutter requirement. Mr. Bonnett felt it was appropriate to again review the problem we have when lots are subdivided and not required to put in public amenities. The people here before you are the classic folks that fall into that trap. When a lot is subdivided, that is the only opportunity you have to get the public improvements in under your Ordinance. Mr. Clark replied to the question regarding waiver of sidewalks in that area. He did not recall a waiver and obviously if new homes were constructed and sidewalks were not put in, there was an error on the part of the Staff. Additional discussion continued on sidewalk and curb and gutter waivers. Mr. Bonnett stated that the property owners had two options: 1) extend the water line to the limits of Lot 73, or 2) install curb and gutter and proceed with re-platting process. City Manager commented that just because something was platted years ago why does that escape the curb and gutter requirement, unless they replat? It seems to me that should go with the building permit or we should require it at the time it is platted, and we are not doing either. Mayor stated that City Manager suggested that we look at this requirement and tighten it up. Staff will review this issue and bring a recommendation back to Council as soon as possible. Motion failed by the following vote. Ayes: Councilors Johnston and Hawkins Nays: Mayor Yeager, Councilors Shine, Thompson, and Martin Item 9f ORDINANCE NO. 111-97 ORDINANCE APPROPRIATING $10,000 FROM THE TEXAS FOREST SERVICE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING AN URBAN AND COMMUNITY FORESTRY PROGRAM GRANT AND COMMITTING THE CITY TO ITS SHARE OF THE MATCHING COSTS Moved by Councilor Johnston that Ordinance No. 111-97 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None 32 Item 10a RESOLUTION NO 163-97 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT, FOR RADIO COMMUNICATIONS SYSTEM STUDY Moved by Councilor Thompson that Resolution No. 163-97 be passed. Motion seconded by Councilor Martin. Councilor Martin felt the out-of-pocket expense being charged was excessive. Mr. Robert Powers said that those items could be negotiated. These reimbursable amounts are the maximum and are not to exceed amounts. Councilor Martin stated that the car rental should not exceed $35/day and meals should not exceed $25/day. Councilor Hawkins commented that this is actually $75,000 plus $13,380 fee for the two phases. The first phase is actually $25,000 plus $4,880 out of pocket expense. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, and Hawkins Nays: Councilor Martin Item 10b RESOLUTION NO. 164-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPROVING FUNDING OUT OF THE 4A SALES TAX REVENUES IN THE AMOUNT OF $41,888 TO VERNON REGIONAL JUNIOR COLLEGE FOR EQUIPMENT FOR THE METALLURGY LAB AND THE WELDING LAB TO ENHANCE TRAINING OPPORTUNITIES FOR LOCAL INDUSTRIES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 164-97 be passed. Motion seconded by Councilor Thompson. Councilor Shine said that the 4A Board should provide Council with a policy of how they are going to operate. Mr. Ron Bullock informed that the Board is in the process of working on a plan of work. On this particular issue we did check the use of funds as far as vocational and technical training, and it is widely used across the State. We are in the process of using some resources and practices to survey other uses across the State. Dr. Couch provided information on the use of these funds. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 10c RESOLUTION NO. 165-97 RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD (TIF) FOR BASE-LEVEL INTERNET CONNECTION AT THE PUBLIC LIBRARY 33 Item 10c cont'd. Moved by Councilor Martin that Resolution No. 165-97 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 10d A proposed resolution was presented approving Amendment No. 3 with Blackbird Aviation, Inc., for lease of premises at the Wichita Falls Municipal Airport. Moved by Councilor Johnston that proposed resolution be passed. Motion seconded by Councilor Shine. Mr. Bob Parker gave a brief history on this lease. In June Mr. Orcutt contacted Mr. Parker stating that he desired to renew his option for a five year period. He was given the rental rates for October 1997 which are $200 rate increase plus the electricity bill. He provided figures on revenues and expenditures. Councilor Martin commented that any time you go to 100% increase over night, I have a concern. We received this information on Thursday and I would like to study this a little more. I think the Aviation Committee should have brought some recommendations. I would like to table this until next meeting. Mr. Parker stated that the 100% increase was presented to Best Aviation in June. Councilor Martin said it was not presented to Council and we are the ones who have to make that decision. Moved by Councilor Martin that this item be tabled until next meeting. Motion seconded by Councilor Hawkins and failed by the following vote. Ayes: Councilors Thompson, Martin, and Hawkins Nays: Mayor Yeager, Councilors Johnston and Shine Councilor Hawkins commented that the rental rates were established in 1977 and now in 1997 we are going to double the rate, but we should only be looking at a five year span. Whatever happened prior to 1992 is of no consequence because we are looking at a five year span. If we do not charge him 100% now we will roll it back to 50% and five years from now it will be raised another 50%. However, I am not for raising it 100% on the fifth year by looking back at what happened in 1977, 1982, etc. Let's look back at 1992 at what our expenses were then and what they are now. If 1992 and 1997 expenses have doubled I can go for that. Mr. Parker stated that they had not done that. When we started on this increase, we pulled up all the purchase authorizations and all the contracts from October 1, 1992 to current that applied to Mr. Ocutt's facility and that is where the $238,000 came from. It is a five year history. Bill Orcutt, 4000 Armstrong, stated that this increase does amount to a 100% increase. That is excessive because my flow fee increased by 10%, however, I do think my rent is reasonable. At the expiration of my lease I am required to give the City my $100,000 hangar, and no other tenant is required to do that. I do not object to a reasonable increase but I cannot absorb the 100% increase on top of the increase that just went into effect October 1. The real effect of these three increases is on growth. He mentioned the construction of new hangars resulting in increased flow fees. He said he could not absorb a big rent increase and build new hangars. He wants to be treated fairly and reasonably and in turn he hopes to improve the appearance of the airport and provide for some future growth. A lengthy discussion ensued regarding the negotiations, the rental increase, the options in the lease, and the hangar expansion. Mr. Orcutt stated that he could handle a 10% flow fee increase every five years and that would be reasonable, and even if it was 50%. Council felt 34 Item 10d cont'd. that there was a need for additional negotiation between Mr. Parker and Mr. Orcutt in order to bring back a recommendation to Council. Moved by Councilor Johnston that this be tabled. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 11 a A discussion was held on the carports procedure process. Mr. Dave Clark explained that the Planning Commission requested that the wording be changed to allow them the authority to regulate carports in general. The wording which would be dropped is the exception "when there is all weather vehicular access to the rear yard and there is no room to construct the carport". Would Council entertain deleting this wording under Section 1 and allow Planning & Zoning to provide for conditional use permits as they do on all other front yard set back areas? Councilor Hawkins commented that this is an avenue to protect the other citizens of the area to give them twice the opportunity to stop the carport from going in. What we have found is that if the need is great enough that both Planning & Zoning and Council will agree in most cases. I think it is a safeguard and should be kept in there. Mr. Clark stated that the neighbors within 200 ft. are notified and can make their opposition known and they still have the appeal process. Mr. Clark informed that there is a trend that if there are carports, more go up but if there are no carports, none go in. From the point of approval, if Planning and Zoning can have the conditional use approval without the condition of the all weather access, there can still be an appeal from the neighborhood so there can still be a two step process. To accomplish that would require the elimination of one sentence in the Ordinance. Councilor Shine said that Planning & Zoning should probably get into the aesthetics. Councilor Hawkins suggested that a set of plans with specifications be required to be brought with request for a carport before it goes to Planning & Zoning. Joe Johnson, Planning & Zoning Chairman, stated that their request is to simplify the process and not to eliminate the checks and balances. Council has the final say and the appeal process would still be in place. We feel with the conditions that we will require we will be able to make that decision. Regarding the 200 ft. notification, we do look at the whole neighborhood because the entire neighborhood is affected. We ask that you consider this and give us the right to make that decision. Council consensus was that this be brought back as an action item. Item 11 b A discussion was held on boundary street requirements. Mr. Clark said that this had been considered for some time. Planning & Zoning has deliberated on this issue and have a recommendation. Mr. Joe Johnson informed that this issue has a lot of heat as to who bears the cost of construction. Planning & Zoning's recommendations are as follows: 1. All curbs and gutters and streets shall be installed to City specifications by the subdividor on all interior streets of the subdivision. On all boundary streets only curbs and gutters shall be installed to City specifications by the subdividor on the subdivision side of the boundary streets. 2. On all boundary streets if the subdividor is unable to reason to construct curb and gutter on the subdivision side to City's specifications then the subdividor, owner, or developer shall place a cash deposit with the City in an amount equal to the cost to construct such 35 Item 11 b cont'd. improvement as required herein. The amount placed in escrow will be held by the City in perpetuity or until improvements are made as required herein to full municipal standards. At such time funds may be used by the appropriate agency to pay for the improvement. City Manager asked if there was any discussion about sidewalks and escrowing sidewalk money along with the curbs and gutters? Mr. Johnson replied that they did not discuss escrowing funds; the Subdivision Ordinance would require sidewalks in certain instances and not others. Mr. Clark informed that sidewalks were not a part of the charge. Sidewalks are a part of the building permit process and there had been a question for a number of years about the boundary street. The degree of enforcement along that had not been strong, and Council made an attitude opinion about two years ago on this. Since that time there was strong instruction to make sure that homes built with the back side on a boundary street have sidewalk constructed unless there has been a waiver. That is a big question as to what to do with sidewalks, how to regulate them and make sure they get done. Councilor Shine asked if there was any consideration given to the City being forced to put the rest of the street in, and would Planning & Zoning be for putting in half a street which would make a real impression on the development. Mr. Johnson replied that they had discussed that extensively and the consensus was that the cost to the developer or property owner of putting in curbs and gutters and other improvements was sufficient and that since it is a partnership between government, developers, and owners that the City's responsibility would be to put the streets in. We had a lot of discussions concerning the ETJ and the annexed areas and how to treat that and the maintaining of borrow ditches if curbs and gutters are not put in during development and the money is escrowed, then the maintaining of the borrow ditches who is responsible for those kind of things as well. Council expressed appreciation to Planning & Zoning for the work they put in on this project over the last three months. Randy Wachsman stated that we are responsible for everything inside our property lines and we spend hundreds of thousands of dollars putting in lots. Now this proposal would have taken our requirement to go outside our own boundaries which we feel was something that was put in place years ago. Somebody put it in according to somebody's standards and if it needs to be upgraded it should be a City responsibility because all the citizens of the community use it. There has been a major swing in the affordability of homes here in Wichita Falls and I do not know what can stop it. I would appreciate it if you would see it our way and take Planning & Zoning's recommendation. Mr. Clark stated that this is a major issue for which you now have a recommendation. You mentioned sidewalks, etc., which have not been addressed, but some of this could be tied together and you may want to take a closer look at this in a worksession. Councilor Shine said that we should accept Planning & Zoning's recommendation. If you see that sidewalks are more favorable I think we should bring sidewalks in but you would have to change a lot of ordinances. Escrowing should be given a lot of consideration. Councilor Hawkins commented that he would like to see us require the same escrowing for sidewalks as on boundary streets because there are probably going to be some that come up that due to the topographic area you cannot put in curbs and gutters and sidewalks. He suggested that if the recommended changes to the Subdivision Ordinance are approved that they be carried over to the building permit side. Mr. Clark commented that it may also be in your best interest to make a decision on the recommendation from Planning & Zoning today and do sidewalks as a separate issue. Councilor Hawkins clarified that he was hoping, when we discuss sidewalks, this will move towards setting a policy in motion now that will carry on over to sidewalks. City Manager suggested that we deal with this separately. It seems that Council favors Planning & Zoning's recommendation but we can prepare an ordinance that will WAAO give you a choice between this recommendation and Staff's recommendation for the next Council meeting. He asked for direction from Council on this and the sidewalk issue. Council consensus was to prepare an ordinance on Planning & Zoning's recommendation and come prepared to make modifications to it to reflect Staff's position. The sidewalk is a separate issue and will be discussed at a later date. 36 Item 11 c Councilor Shine mentioned that the Landmark Commission asked what was going to be done with the old library building and he suggested that the Landmark Commission should look into this. With Council's approval, Mayor charged the Landmark Commission to look into the uses for the Kemp Public Library building. Mayor mentioned the naming of the new library and asked if that had been done. Councilor Shine said that the Committee has not discussed that. Councilor Thompson asked about the time frame on the study for the Police and Fire Training facility. City Manager replied that they have several facilitator type proposals now and will be bringing those to the Council within the next two Council meetings. Councilor Thompson referred to the VRJC funding approved this morning and said that he hopes we can continue to provide training to our citizens. Councilor Hawkins said that people on Missile Road are placing their trash for pickup on Missile Road instead of the alley. He asked that people in that area be urged to put their trash in the alley for pickup. Councilor Hawkins asked if it was standard for fire trucks to run with their lights flashing when returning from a fire. Councilor Martin reminded that early voting is going on now for four Constitutional amendments and he gave the voting locations. Councilor Johnston asked for an update on providing the services in the newly annexed areas and how we are progressing, and asked that the sale of water be included. Mayor informed that the Hispanic community is in support of naming Loop 11 after Louis Esquibel and she requested that this be brought back to Council in the necessary form for action. Mayor mentioned the speeding problem on Speedway and suggested that those concerns be addressed either now or in the form of a memo. Mr. Parker informed that we have a system that can be put in the ground which reads speeds, counts, etc. When that information is compiled it is given to the Police Department Traffic Division, and we have done that on Speedway and they have been patrolling that area. I will provide detailed information in memo form. Mayor asked about the request to decrease the speed limit in that area. City Attorney informed that State law sets speed limit at 30 m.p.h. in a residential area except in school zones. Mr. Clark asked for a point of clarification and asked if Council wanted to reconsider the Limited Restaurant. We have been informed that the square footage has been reduced to meet the 1200 sq. ft. requirement. Council consensus was that it be reconsidered but Staff is to make sure that it complies with City Ordinances. People involved will be notified that it will be on the next Council agenda if it meets all the criteria. Item 11d Mr. Robert Powers reported on the de-commissioned weather radar. Staff has been working with Mr. Briggs. The offer list price was approximately $8,000 and that is more than the Radar Council thought it should be. Last week Mr. Briggs and I spoke and he presented a $2500 check payable to the General Services Commission which I sent to Austin. This was an offer of $2500 for the radar, however, it was left open-ended to allow for negotiations. The check was returned because it was written on the Radar Council's bank and not the City of Wichita Falls. They will only deal with the City of Wichita Falls. We request Council's approval that we ask General Services Commission to hold the radar for 30 days so that the Radar Council can apply for emergency grant funding to raise the additional money, and that they send us something in writing as to what the price is. As a side note, they told us that there is someone else interested in the radar who is willing to pay the full $8,000. Dr. David Briggs, 3700 Onaway, said that at no point had anyone indicated that there was a procedure that would not send the radar to Wichita Falls. It came as a surprise to us. The Commission will not deal with the North Texas Radar Council. Apparently, it is all negotiable, but the City has to do the negotiating for us. We are willing to raise what we can. Council suggested that they go forward with this. 37 Item 11 e City Council went into Executive Session at 1:30 p.m. as authorized by Section 551.071 and Section 551.074 of the Texas Government Code. City Council reconvened at 5:02 p.m. Item 11 f two Mayor stated that we had no formal applicants to the MHMR Public Responsibility Committee and will ask that additional information be provided on two persons who were suggested. Item 11 a Mayor informed that this was the proposed merger of Helen Farabee Center into the Rolling Plains Center. Moved by Councilor Thompson to confirm the joint City/County appointment of Mr. Bill Combs to the Helen Farabee Rolling Plains Board. Also, that Mr. Bill Elder and Dr. Tom Curran be appointed to the Helen Farabee and Rolling Plains Board as the City's representatives. Terms are for two years. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 11 h Mayor noted that this is a newly created board which is the combination of the Plumbing Board and the Board of Adjustments and Appeals Moved by Councilor Thompson that the following persons be appointed to the Construction Board of Adjustments and Appeals: Randall Poteet General Building Contractor Term expires October 1, 1998 Louis Lane Mechanical Engineer Term expires October 1, 1998 Gary Oatman Structural Engineer Term expires October 1, 1999 Jackie Lebow Architect Term expires October 1, 1999 Brian Walsier Plumbing Contractor Term expires October 1, 2000 John Ferguson Air Conditioning Contractor Term expires October 1, 2000 Ron Longino Property Insurance Rep. Term expires October 1, 1998 Bill Rowland Home Bldg. Indstry. Rep. Term expires October 1, 1999 Philip Ringman Citizen-At-Large Term expires October 1, 2000 and the following as alternates: Sydney Litteken General Bldg. Contractor Term expires October 1, 1999 David Rhone Home Bldg. Indstry. Rep. Term expires October 1, 1999 Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None 38 Item 11 i Moved by Councilor Shine that Mr. Bob McBee be appointed to the Wichita Falls Park Board to replace Mr. Bruce Harris, who has resigned. Term to expire December 31, 1998. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 11 i Moved by Councilor Johnston that Mr. Mark Terning and Mr. Sydney Litteken be re- appointed to the Water Resources Commission with terms to expire September 30, 1999. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Council suggested that we advertise for the vacant position and ask that the Wager Resources Commission make recommendations. Also, that Mr. Larry Hays be asked if he is still interested in being considered for the vacant position since his application is a year old. The City Council adjourned at 5:10 p.m. PASSED AND APPROVED this day of I Cd,,)l997. KA , RYN A. Y AGER MAYOR i ATTEST: l Lydia Torres City Clerk J POW,