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Min 04/21/1998 159 Wichita Falls, Texas Memorial Auditorium Building April 21, 1998 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 - Bill Daniel - JW Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Reverend Fred Utz, St. Mark's United Methodist Church. Mayor Yeager expressed appreciation to Councilors Daniel, Martin and Hawkins for their efforts, representation and their long service to the City as Councilors. Mayor recognized Scott Muehlberger, Wichita Falls High School, Chase Bice, Wichita Falls High School, Holly Prosser, Notre Dame, Simon Schrieg, Notre Dame, as positive youth role models in our community who are working towards making Wichita Falls a better place to live. They attended the National Young Leaders Conference in Washington, D.C., a unique leadership development program for high school students who have exhibited leadership potential and scholastic merit. Mayor expressed appreciation to them for the role they play in their high schools and the example they set for the other students. Mayor proclaimed the week of April 26-May 2, 1998 as "Sexual Assault Week" in Wichita Falls. Laura Grimsinger, Madalyn Allen, and Lydia Torres accepted the proclamation on behalf of First Step, Inc. Ms. Grimsinger invited everyone to attend an activity at the River Bend facility to celebrate the resilience of the human spirit on April 26, 1998 from 3:00 p.m. to 5:00 p.m. Item 3 Ray Turlington, 5616 Navajo Trial, addressed the need for additional stalls at MPEC in order to expand the potential of getting other equine organizations to come to Wichita Falls. We currently have 235 stalls and need approximately 700. This will have a positive economic impact on Wichita Falls. He suggested that this be put at the top of the priority list of projects at MPEC. Mayor suggested that Mr. Turlington contact the MPEC Board and that he consider attending their Board meeting to address this issue. 160 Item 4 Mr. Vernal Huffines, 4714 Tortuga Trail, representing Mathis West Huffines & Company, gave a presentation of the Comprehensive Annual Financial Report for the year ending September 30, 1997 for the City of Wichita Falls. We reviewed the financial statements and issued a clean opinion. Total assets increased $4.8 million during the year. A lot of that had to do with the continuing improvement of the sewer system. Total liability increased $1.4 million which resulted in total increase in fund equities of $3.4 million for the City. $2 million of that is tax anticipation notes; and $600,000 of other liabilities were decreased or paid off. There was $1.3 million increase in tax revenue this year. $800,000 was ad valorem taxes, $300,00 sales tax collections, and $200,000 franchise tax collections (gas, telephone, cable). You did expend $1.6 million more than you took in; however, you had budgeted $7.8 million deficit in General Fund. Enterprise Funds had a decrease in revenue of approximately $600,000 which was due to a decrease in water sales. Operating Expenses increased $1.7 million due to City's continued compliance with state and federal mandates. Cash and short term investments did decrease during the year; however, bonds were paid down. Mr. Huffines commended the City for their fiscal responsibility. Internal control and accounting procedures were addressed by Mr. Huffines. Councilor Martin addressed the Auditor's recommendations on internal control and encouraged future Council to take those into consideration and that staff correct those discrepancies, particularly the reconciliation of the bank statement. Mr. Huffines stated that they have been working with the City Staff to correct these things, and feel like the trend is positive. Item 5 The Minutes were approved as distributed. Items 6a-6f Councilor Martin requested that the minutes of the Wichita Falls-Wichita County Public Health Board Special Called Meeting March 26, 1998 be corrected to reflect that he was in attendance. Moved by Councilor Johnston that the consent agenda be approved with that one correction. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 6 Minutes of the meeting of the following boards and commissions were received. a. Planning and Zoning Commission, February 11, 1998 b. Wichita Falls-Wichita County Public Health Board, February 27, 1998 c. Wichita Falls Traffic Safety Commission, March 4, 1998 d. Library Advisory Board, March 24, 1998 e. Board of Electrical Examiners, March 12, 1998 161 Item 6 cont'd. f. Wichita Falls-Wichita County Public Health Board Special Called Meeting, March 26, 1998 Item 7 A public hearing was held to receive comments on the May 1998 quarterly revisions to the FY 1998-2000 Transportation Improvement Program. Mayor Yeager declared the public hearing open and allowed for public comment. Mr. Dave Clark informed that there were three issues being considered under the update of the Transportation Improvement Program: 1) Improvement of Barnett Road in its southern portion, from the lake to Memorial Stadium (Upcoming Project) 2) Rehabilitation of Maurine Street overpass on 144 (State project) 3) In order to facilitate the extension of the Brown Route transit system through funding operations the planning monies available through the State are being reallocated to operational monies. Mayor commented that the Transportation Improvement lists all the major street and highway improvements within our community and part of the funding for our bus routes. Mayor called for public comments. There being no one who wished to be heard, Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 33-98 AN ORDINANCE REZONING THE KOVARIK ROAD AREA; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 33-98 be passed. Motion seconded by Councilor Johnston. Mr. Dave Clark stated that annexation is a complex process. He explained that when annexation occurs the areas brought in are brought in as Single Family-1, which is the most restrictive zoning. But to facilitate development possibilities for the residents the property owners, etc., it becomes necessary or desirable to change the zoning to reflect the development patterns or existing patterns of land use that are in the area. Existing uses may still continue to exist as non-conforming uses although expansion would require either rezoning or some form of action by the Planning & Zoning Commission. All the uses that are there can continue to operate as they have. Also, in talking about the operations there are other considerations having to do with animal issues, etc., but those are not being considered here. Mr. Clark explained the steps taken in this process. (1) Land use study of the area, as well as looking at the entire area of the City for a land study use. (2) After Annexation, zoned Single Family-1 (3) Zoning Proposal studied (4) Informal hearing by Planning & Zoning (Affected persons notified reply form) (5) Planning & Zoning Meeting (Notification to affected persons/reply form) (6) Map approved by Planning & Zoning (7) Affected persons sent map with the changes approved by Planning & Zoning (8) Established the map being considered this morning which is a proposal from Planning & Zoning Mr. Clark informed Council that their option under State law was to accept the zoning changes or if Council feels there are some areas which they think should not be changed, then it can go back to Single Family-1 and be dealt with at a later time. There are areas that had to 162 Item 8a cont'd. do with a down zoning to reflect current trends, but if you choose not to do that the zoning can remain as it is. Your two options are (1) to return an area to Single Family-1 in the annexed area and deal with it later or (2) if there is an area that had been within the City and you want to keep the zoning as it was. But, to otherwise change zoning today while you can indicate your interests and desires, it would have to go back through the notification process so that all the citizens have a chance address those proposed changes. Keeping in mind that there are some areas where zoning has been proposed that is an open form of zoning, where a citizen has the option to down zone from that. Mr. Clark explained on the map the proposed zoning and defined the different zoning categories. The following citizens expressed their concerns: Dori Owen, 2310 Brookhollow, represents E.W. Moran Drilling Company, which is located on Seymour Highway. That area is now classified as General Commercial and Single Family-1, and I was told we would be grandfathered as Heavy Commercial. We have been operating for 41 years as Heavy Commercial and want to be grandfathered as Heavy Commercial. Mr. Clark stated that all the uses that are currently existing continue to be grandfathered and the sale of property can take place and similar operation continue. The operation is not based on the owner or operator, but the use. The area off to the west extending from their property, is an area which has many single family homes and Planning & Zoning Commission felt that while the continued use of that operation may go on as a legal non-conforming use, the expansion of that particular site was something that may not be in the best interest of the area. Therefore, they left it as Single Family zoning. The overall tract was discussed and the continuing operation was not an issue to Planning & Zoning and they recommended that it be zoned General Commercial. Mr. Owen and Council had a concern with not being able to expand their work area in the 3.5 acre tract of land, which was zoned Heavy Commercial but proposed to change to Single Family. Mr. Clark explained that they would be able to continue the Heavy Commercial use in that area. However, the problem was with the inability to expand. Mr. Clark informed that expansion could be done under conditional use. He added that the 3.5 acre tract was part of the annexation and is zoned Single Family-1, and if you want to rezone it upwards to Heavy Commercial it would have to go back through Planning & Zoning Commission and the ,.H notification process. He mentioned that the reason this whole corridor was looked at was that it has developed as General Commercial rather than Heavy Commercial. Councilor Hawkins stated that once a business is out of operation for one year, it reverts to what the area is zoned. He suggested that if Moran Drilling Company goes out of business that until such time, zoning be automatically reviewed. Mr. Clark concurred that once a business is discontinued for a one year period the grandfathering reverts and does not apply. Mr. Clark added that Council has the option of maintaining it as Heavy Commercial. Mr. Owen said that was what he was requesting. Mr. Clark clarified that if Council rezoned it would have to go back to Planning & Zoning. Consensus was to maintain Heavy Commercial and grandfather the 3.5 acre tract. Mr. Clark said they would go ahead with the notification on the 3.5 acre tract. Randy Searle, 3459 Arena Road, said that he would like to be able to resell his property for the same use for which he purchased it, referring to the 200 foot location of a barn from a residence. Mr. Clark explained that when it comes to the operation, under the Ordinance, he can continue to use that. I believe what Mr. Searle was referring to is the question of animal control regulation which Council has put a six month moratorium on. Health has a proposal which addresses that issue and will be forthcoming to Council. Councilor Martin stated that the Public Health Board will consider that on Friday at their Board meeting and invited Mr. Searle to attend. Sammie Hardee, 2496 Barnett Road, addressed the area between Whispering Creek and Kovarik Road on Barnett road. Mrs. Hardee expressed concern if the area were to be zoned General Commercial, and requested that it remain Single Family. There have been no changes in that area and it remains as single family residences. Tom Bacus, 2726 Devon, concurred with Mrs. Hardee and stated that there have been nothing but single family residences in that area and that Single Family zoning needs to be retained. The natural growth zone is in the direction of single family residences and it does not make sense to put a dam in the middle of that. If you have a good developing zone of single family residences you want to keep the flow moving in that direction. There have been some other instances in the history of our City where we have made a few small mistakes where we 163 Item 8a cont'd. have blocked off some natural growth zones, especially when we did not have zoning. It does cause problems and expense later on for the City to rectify the issues that come up when you have major competing uses, such as commercial next to residential. You have a lot of tension and problems which can be avoided by not creating a dam in that area. Phoung Khong, lives in Clay County on homestead land, stated he purchased five acres last year at the corner of Barnett and Kovarik which he had replatted into three lots. He agreed with Mrs. Hardee and requested that the area remain Single Family. Thu "Paulina" Nguyen, 10 White Rock, owns property at 5465 Anchor Road, stated that they have an auto repair shop there and plan to expand to accommodate a bathroom. Their concern is since they have been zoned Single Family they will be unable to expand and complete their shop. They do not intend to turn their shop into a salvage yard, only to do repair work. She asked if they could be rezoned General Commercial and if not, could they be allowed to finish their shop. Mr. Clark stated that an auto body repair could be accommodated by General Commercial zoning. He informed that when this was considered the area was in the midst of what is primarily open area or residential development. Therefore, when Planning & Zoning considered this, from an expansion point of view, it was more desirable to leave it as Single Family-1, and to develop it in that fashion. Mr. Clark mentioned that when the application for water was received, it was given as residential use. Mrs. Nguyen explained that they had already put in of dirt in preparation of building their home on part of that land, and she had been told by the City that she could get one meter to accommodate both the shop and the new home. The question of whether they could expand their shop under legal non-conforming use was discussed. Mr. Clark stated that it was his understanding that it would be an expansion of a non-conforming use. If Council wants to consider Mrs. Nguyen's request it would have to go back before Planning & Zoning, notifications, etc. Mr. Clark informed that the building was built before annexation, therefore, it did not have a building permit. Mrs. Nguyen requested that they be allowed to complete their shop without further expansion, with the exception of their house. Council consensus was that it be returned to Planning & Zoning and Staff to consider what can be done with this issue. Roby Wellington, 5713 Kovarik Road, stated that this property is owned by his father and is a nine acre tract. His father has a welding and fabrication shop and he has a pest control shop on that property. Their concern was that they were zoned Single Family 1, and they are requesting General Commercial in order to be able to expand in the future. Mr. Clark informed that Planning & Zoning recommended General Commercial; however, that was not Staff's recommendation. He informed that welding and fabrication are Heavy Industrial uses. Mr. Clark stated that Staff was in disagreement with Planning and Zoning because at their meeting a citizen reported that he was representing the property owners and they later learned that was not the case. However, Planning & Zoning did not have that information. He explained that the Kovarik Road area is developing as large lot single family residential, and that has been the primary focus the last five-six years. The business that they have there is an operating business and they have room for expansion. The question you face is what dominates; are you able to facilitate the expansion of that business or is it a circumstance where the other development has really come to take over at this point. He added that the existing business can continue to operate as a legal non-conforming use. Councilor Hawkins expressed concern that if this was left General Commercial it would not help their situation. Mr. Clark corrected Councilor Hawkins in that the area was legal non- conforming use, and they would have the right to operate or sell their business, etc.; however, they would not be able to expand at this site. The only way to allow expansion would be to rezone. Council has to consider if there should be a Heavy Commercial zone in the midst of a Single Family area. Mr. Wellington stated that there is not a huge residential area being built there. Councilor Daniel commented that we are seeing played out one of the primary reasons that annexation is necessary. If the City had not taken the step over the next ten to sixteen years we would continue to see spots of General Commercial and Heavy Commercial pop up out in these areas. Those people who invest in single family homes are not protected in their investment, and this will help in that manner. 164 Item 8a cont'd. Councilor Hawkins stated that he would have gone along with grandfathering this area had it been tied into General Commercial. Carol Reece, 5560 Kovarik Road, stated that they have a dirt and gravel business there and their son is going to take over the business ,and would like for him to be able to expand the business out there. They request that it be General Commercial. Mr. Clark informed that it would be a Heavy Commercial use but it is zoned General Commercial. They are in the center of a residentially developing area and it is Council's decision. Prior to recessing, Mayor requested that Item 8h be taken up. Item 8h ORDINANCE NO. 39-98 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS WATER AND SEWER SYSTEM SUBORDINATE LIEN REVENUE BONDS, SERIES 1998; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND AUTHORIZING OTHER MATTERS RELATED THERETO Moved by Councilor Thompson that Ordinance No. 39-98 be passed. Motion seconded by Councilor Martin. Mayor called a point of order. Since we have a motion on the floor for Item 8a we need to table that item before proceeding with another item. Moved by Councilor Hawkins that Item 8a, Council Bill No. 91, be tabled until later in this meeting. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None City Council proceeded with Item 8h, Council Bill No. 99. Moved by Councilor Thompson that Ordinance No. 39-98 be passed. Motion seconded by Councilor Johnston. Mr. Murphy Davis, Financial Advisor, explained that affirmative action taken on this item would be selling to the Texas Water Development Board $8,060,000 par value of bonds that would be paid back over a twenty year period. Sara Tangen, Bond Counsel, detailed the specific action being taken. Ordinance passage will authorize the sale of these bonds in the amount of $8,060,000 to the Water Development Board. It will authorize a paying agent registrar agreement, reconfirm several funds in existence with respect to other bonds, and financial security assurance. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None City Council recessed at 10:45 a. m. and reconvened at 11:15 a.m. 165 Item 8a Item 8a, Council Bill 91 was taken from the table. Liz Talbert, 6217 Kovarik, said they had built a home there three years ago. We are zoned for Single Family and we are happy with that. Washita Flats is across the road from us and we would like to know what is going to happen with that. Mr. Clark explained that it is an existing use, a conforming use. It is licensed through the State, therefore, not part of the zoning issue. They have a right to exist in that location and that will probably not change. Mrs. Talbert encouraged that Council be sensitive to the needs of the residents who have been there much longer than they have, and who were there first. Roby Wellington, stated that their shop is more welding than fabrication. Mr. Clark informed that it still remains under the Heavy Commercial use. Summation of changes was given by Mr. Clark. The Nguyen property will be sent back to Planning & Zoning and Staff to reconsider the zoning. The E. W. Moran property will be sent back to Planning & Zoning to consider rezoning as Heavy Commercial. The Reece property will be sent back to Planning & Zoning to consider perhaps Residential Mixed Use zoning, while leaving Mrs. Hardee and other residences in that area as Single Family. The Wellington property will be sent back to Planning & Zoning to consider Residential Mixed Use zoning. Mr. Clark stated that if they are going to do expansion it will have to be done with conditional use through Planning & Zoning, assuming the real nature of their uses. Mr. Clark expressed concern that he was seeing a contractors storage yard, but he was not seeing a welding facility as even a conditional use under the Residential Mixed Use. Council wanted to consider the Wellington's so they would be able to continue their business. Moved by Councilor Shine to approve the map as revised this morning. Revisions were to leave the south part of the E.W. Moran tract as Heavy Commercial; go back to Planning & Zoning with the E.W. Moran tract area which is currently zoned Single Family, to rezone to Heavy Commercial; and the Wellington/Reece tracts (three tracts), which are currently zoned Single Family-1, be sent back to Planning & Zoning for Residential Mixed Use and leave the rest as Single Family-1. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8b ORDINANCE NO. 34-98 AN ORDINANCE REZONING THE KIEL ROAD/US 287 AREA; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 34-98 be passed. Motion seconded by Councilor Thompson. Mr. Clark informed that the same process was followed for this area as for the Kovarik Road area, and Staff concurs with the recommendation from the Planning & Zoning Commission recommendation. Ronnie Hatcher, 5861 Kiel, mentioned that a petition had been signed by the residents in this area and was submitted to Planning & Zoning Commission requesting that the area be left General Commercial instead of Single Family. Mr. Clark explained that the proposal is for General Commercial. 166 Item 8b cont'd. John Ward, 5926 N.W. Freeway, owns the area where a ballfield is located and requested that Council consider zoning it General Commercial as well as the property next to the ballfield. Moved by Councilor Martin that the Ordinance be passed with the following changes. The Jim Glasgow property, which is currently Heavy Commercial, and proposed by Planning & Zoning as General Commercial, remain as Heavy Commercial. The Four Marie Property which is currently Single Family-1, and proposed by Planning & Zoning as Heavy Industrial, remain as Single Family-1. The property owned by John Ward which is currently Single Family-1, and requested by Mr. Ward to be zoned as General Commercial, will be sent to Planning & Zoning for rezoning. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8c ORDINANCE NO. 35-98 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ADD NURSERY AND LANDFILL TO CERTAIN ZONING DISTRICTS AND PROVIDING DEFINITIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 35-98 be passed. Motion seconded by Councilor Shine. Mr. Clark stated that one would allow a landfill sight to be a Conditional Use in a Heavy Commercial District and that would facilitate the existing operations of the Bell Processing center. The other was a request from a property owner so that nursery would be clarified and more so, principally permitted in a General Commercial District. Councilor Daniel wanted to make sure that it was understood that we did not put in an extra restriction on Bell Processing. Mr. Clark said that what they would be doing is changing the definition so that an existing landfill operation can continue to operate and have a Conditional Use permit granted to it in its format allowing for its expansion as it is dealt through TNRCC and other regulatory agencies. This, in their expansion plans would not come back to the City, instead they would have to go through the State regulatory agencies, assuming that they use the property as indicated on that map. Councilor Daniel was concerned that the verbiage in Mr. Clark's commentary stated that Bell Processing would automatically receive a Conditional Use Permit, but would still be subject to review for any additional expansion. He asked if that review would be on part of the state. Mr. Clark explained that if they expand at the site beyond the zone, they would have to go through the process, but if they expand within the Heavy Commercial zone area that we have they would not. Councilor Hawkins stated that that was not was it said. Mr. Clark said that was the intent. Councilor Hawkins said that anytime we have a Conditional Use Permit doesn't it automatically infer we have to have a review for any expansion? That was Councilor Daniel's concern. City Attorney informed that if you are going to give a conditional use permit that attaches to a specific piece of property described by metes and bounds, plat, etc., within that territory, it can be expanded. Councilor Hawkins was concerned that Council had just been told, in reference to the E.W. Moran property, that if they had a conditional use and wanted to expand it that they would have to come back and get permission. Mayor commented that these are two different things which are being discussed. Mr. Clark clarified that the intent for the landfill site was that they would be able to expand on their property as far as they could go with TNRCC and that is the way a Conditional Use Permit would be written up. Normally, when you have a Conditional Use if they are going 167 Item 8c cont'd. to expand it they do have to come back for an additional Conditional Use Permit consideration, but it depends on how you write it. My understanding is that you want them to be able to expand at their site and that would be written into the formal conditional use. That is how we portrayed it at Planning & Zoning and we have been consistent with that. I spoke with Bell Processing representatives and they have indicated their agreement. Councilor Daniel wanted it reflected in the record for future Councils that this Conditional Use as stated by the City Attorney does apply to the whole of the property designated as Heavy Commercial for Bell Processing, not just to the area being used for landfill right now. Therefore, if they want to expand their operation and it is approved by TNRCC, they would not have to come back to Planning &Zoning. Mr. Clark commented that he had discussed the entire site with Bell Processing representatives, and they indicated to him that there are some areas of their site that are in the flood plain which they recognize will be unlikely to receive TNRCC approval for expansion. There is area, particularly on the west side of the site that is in that category, so there is a good part of area that will not ever be developed as a landfill site. They are also aware that they have to have 350 feet back from any other development and that they have to maintain that as well. Mr. Clark further explained that the proposed area, which Council has now adopted as Heavy Commercial site, is smaller than their entire site. They own property to the south of that which was not included in the Heavy Commercial zone. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8d ORDINANCE NO. 36-98 ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Thompson that Ordinance No. 36-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8e A proposed ordinance was presented waiving Section B-2 of Appendix A - Subdivisions pertaining to the construction of curbs and gutters or posting appropriate financial guarantees. Moved by Councilor Johnston that proposed ordinance be passed. Motion seconded by Councilor Shine. Councilor Martin asked if the waiver was granted today for a temporary building, can curb and gutter be waived later when the building permit is taken out for the permanent building. Mr. Bonnett replied that the did not think that could be done under the Ordinance because the requirement is tied to the platting and once it is platted it is a permanent waiver 168 Item 8e cont'd. and you cannot come back to it. That is the intent of requiring the amount to be placed in escrow. Another way it could be done would be to post a letter of credit. The ordinance allows the escrow to be posted in a form satisfactory to the City Attorney. Financial guarantee would be required under the Ordinance or a waiver given by Council. Stanley Grover, Rolling Meadows 3006 McNiel, explained that they are a new church and own ten acres at the corner of Barnett and Seymour Highway. Our plan is to put in a double-wide out there. We have a three-stage plan prepared by Architect Mike Koen. He went over the three phases. Mr. Grover read a letter submitted to the Council in which they request that they not pay in advance or provide the sidewalks and curbing until they start the first phase of their permanent. Mr. Grover said that they need more time to be able to finance the first building and they want to do that as soon as possible. Councilor Hawkins explained that the discussion was the possibility to put in a letter of credit in lieu of a waiver, which states that at some point they would be required to put in curb and gutter. Mr. Grover felt that was something with which their church could live. Mayor added that, the letter of credit satisfies the Ordinance. Councilor Johnston further added that this was with the understanding that installation would occur during construction of the permanent building. Mr. Grover said that he understood. It was clarified that the Barnett Street Church would agree to install curb and gutters at a later date and issue a letter of credit instead of being issued a waiver. Mr. Grover concurred. Motion failed by the following vote. Ayes: None Nays: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 8g ORDINANCE NO. 38-98 ORDINANCE PROVIDING AN EXCEPTION TO SECTION 27-29 OF THE MUNICIPAL CODE RELATING TO THE CONSTRUCTION OF SIDEWALKS ABUTTING LOT 8-A GAGE ADDITION Moved by Councilor Martin that Ordinance No. 38-98 be passed. Motion seconded by Councilor Johnston. Mr. Bonnett informed that they had given Council several options at this site. There is a problem with regards to the Seymour Highway side which can be handled by dedication of additional right-of-way for the sewer or installation of a storm sewer. There is no problem on the Barnett Road side. Of the two ordinances made available to Council, one would waive the requirement; the second ordinance would give you a multiple choice because this requirement is tied to a building permit. If you choose to use the second ordinance, we would suggest you key it to the construction of the permanent building, and then make a choice of whether to post an escrow or not and choose a time limit. Mr'. Grover stated that their request is to tie it to the permanent building. It was clarified that they are not asking for a long term waiver, but to delay construction of sidewalks until such time as they begin construction of the permanent building. Mr. Grover concurred. Discussion ensued on the two ordinances. Mr. Bonnett informed that on the site plan the temporary building, which would be on the first lot that is currently platted, will be on the lot that is currently being platted, which is the temporary or the double-wide. The next building permit is going to be on its own lot, therefore, Council will have to give Staff clear direction that the sidewalk requirement here would apply to the extraneous lot, because no building permit will be taken out on the first lot (Lot 8-A). 169 Item 8q cont'd. Councilor Daniel was concerned with what would happen if the church was built on another site, in the event Council passes this waiver, and the property was sold. Mr. Bonnett explained that was the reason for requiring escrow be posed to guarantee such construction when a more permanent building is built. If you do not require some financial guarantee that property could be sold to a third, fourth or fifth party and it would be a platted lot. There would be no way to make the requirement; it could possibly be tied to the building permit, but it would be very difficult. The ordinance being adopted today would be that sidewalks not be required as part of the construction of a double-wide trailer for use as a church facility on this site and that this be tied to the second building permit or any permanent building on that lot. It was understood that the sidewalks also apply to the first lot. Mr. Bonnett informed that when the sidewalks go in and if they do not dedicate the additional five feet, then a storm sewer would have to be installed. Consensus was to not require sidewalks as part of the construction of the double-wide trailer for use as a church facility on this site, but that sidewalks must be constructed on Lot 8- A as well as the balance of the site when a permanent building is constructed on the unplatted property adjacent to Lot 8-A. Motion with the consensus as previously stated carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8f ORDINANCE NO. 37-98 ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND FROM THE GATES LIBRARY FOUNDATION IN THE AMOUNT OF $19,300, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT ACCEPTING THE AWARD Moved by Councilor Johnston that Ordinance No. 37-98 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9e RESOLUTION NO. 59-98 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE BOYS' CLUBS OF WICHITA FALLS, INC., (D/B/A THE BOYS AND GIRLS CLUBS OF WICHITA FALLS), FOR A TERM OF TWENTY-FIVE YEARS, WITH AN OPTION TO EXTEND THE TERM OF THE LEASE FOR AN ADDITIONAL TWENTY-FIVE YEARS. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 29-98 be passed. Motion seconded by Councilor Daniel. 170 Item 9e cont'd. Mr. David Clark made a correction to the agreement that it read "one dollar per year" instead of"one dollar". Ronnie London, 4404 Post Oak, Director Boys & Girl's Clubs of Wichita Falls, expressed appreciation to the Council for their consideration. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Several items were taken out of sequence in order to accommodate those who were present to speak on these items. Item 9f A proposed resolution was presented authorizing the City Manager to execute a contract with Hangar Partners, Limited for lease of land at Wichita Falls Municipal Airport. Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Johnston. Mr. Parker informed that American Airlines had been contacted and provided with plans for the proposed hangar location. They have agreed to develop a parking plan that will ensure that the current structures will not be damaged. He stated that the proposed hangar location is in accordance with the airport master plan. He added that other suggested locations are not buildable. He referred to the Airport Master Plan and showed the current proposed hangar locations. Discussion on the proposed plan and the master plan ensued. There was concern that the hangar should be built where it will allow for growth. Bill Orcutt, Fixed Base Operator, owner of Blackbird Aviation, expressed that this growth should be planned and not impede other business, such as the airliners coming in. He said that 'the proposed location was a mistake in its present position. He explained on a diagram what happens when they have a weather diversion situation. The majority of the diversions are at night and you cannot see a painted spot on the ground. He is against this location because it is in the jet blast area and because the wings of the planes expand onto the grass area, and if we put a hangar on the edge we are going to have a conflict with the airplanes taxiing in. We have other suitable places at the airport for the hangar location. My alternative growth plan is that we build at Aero Maintenance and at the south end first, and next at Budget Rental, and later to the area being discussed today, which I call the blast area zone. Also, if you go with the proposed location, you will be setting a precedent for location of future hangars. Concern was expressed that the plan and the map did not coincide and there was confusing information. Councilor Martin stepped out of the Council Chambers. Mayor suggested that this be referred to the Aviation Advisory Board for them to look at and to bring back to the Council as soon as possible. Councilor Thompson recommended that Mr. Orcutt speak with them also. It is our desire to see this area grow and we do not want to do anything to impede this. Councilor Johnston recommended that the Master Plan be looked at and upgraded. Moved by Councilor Johnston that this item be referred to the Aviation Advisory Board . Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins 171 Item 9f cont'd. Nays: None Item 10c City Council considered a request which had been presented to Council previously, from Mrs. Judy Cline of 3805 York regarding her desire to remove her existing structure, and build a new home on her unplatted property. In order to obtain a building permit, her property identified as the west 60 feet of Lots 1, 2, and 3 of Block 6, Fairview Addition, must be platted. Such a plat would block access to the public sanitary sewer for existing properties to the east identified as the east 90 feet of Lots 1, 2, and 3 of Block 6, Fairview Addition. The east 90 feet of said Lot 3 currently has an occupied dwelling on it, and the east 90 feet of Lots 1 and 2, being under one ownership, currently has no structure located on the property. Councilor Martin returned to the Council Chambers. After a lengthy discussion, the Council directed Staff to require, as part of the platting process, an "over and across" utility easement on the west 60 feet of Lot 3. Additionally, Staff is to require a 15 foot wide easement, centered on the boundary between Lots 2 and 3, from the west line of said Lots 2 and 3, to a point located 60 feet east of the west line of lots 2 and 3. Mrs. Cline's proposed replat, Lot 1A Block 6 Fairview Addition, is deemed to meet the sanitary sewer requirements of Appendix A of the Municipal Code if the above easements are recorded on the plat. City Council recessed at 1:55 p.m. and reconvened at 2:55 p.m. Item 9g RESOLUTION NO. 60-98 RESOLUTION AUTHORIZING TRANSFER OF LEASE OF A PORTION OF WEEKS PARK KNOWN AS FUNLAND TO ERNIE A. BAKER Moved by Councilor Martin that Resolution No. 60-98 be passed. Motion seconded by Councilor Johnston. Ernie A. Baker, 202 A Clover Leaf Place, Ardmore, Oklahoma, stated that he plans to polish things up at Funland and Council will be very pleased with this. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9a RESOLUTION NO. 55-98 RESOLUTION AUTHORIZING THE ISSUANCE OF REQUEST FOR QUALIFICATIONS FOR ARCHITECTURAL SERVICES FOR THE DESIGN AND CONSTRUCTION OF NEW FIRE STATIONS Moved by Councilor Thompson that Resolution No. 55-98 be passed. Motion seconded by Councilor Johnston. 172 Item 9a cont'd. City Manager explained that this is designed to improve response time and efficiency. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9b RESOLUTION NO. 56-98 RESOLUTION TO APPROVE REVISED WATER PURCHASE CONTRACT WITH ARCHER COUNTY MUNICIPAL UTILITY DISTRICT#1 Moved by Councilor Johnston that Resolution No. 56-98 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9c RESOLUTION NO. 57-98 A RESOLUTION APPROVING THE LEASE FOR A COMMUNITY GARDEN WITH P.E.O.P.L.E. - WICHITA FALLS WEED AND SEED AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 57-98 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9d RESOLUTION NO. 58-98 A RESOLUTION ACCEPTING DEED ON PROPERTY AT 3920 CIRCLE DRIVE , IN PAYMENT OF TAXES AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED OF ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 58-98 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 173 Item 9d cont'd. Nays: None Item 9h RESOLUTION NO. 61-98 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT ON JACQUELINE ROAD, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 61-98 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10a A discussion was held on an ordinance waiving section 5130 of the Zoning Ordinance regarding direct sales of merchandise relating to a home occupation. Mr. Clark informed that in this instance the question of the certification of the sale of firearms through the Bureau of Alcohol Tobacco and Firearms brings up the question of the legality of the use in a particular location for that sale. In this case while this was looked at as a home occupation the interpretation of the term "direct sales" came into play. The interpretation has been that the receipt of money in exchange for goods or merchandise is what "direct sales" are. Therefore, we find that this is not a compatible use for home occupation and are recommending that a waiver not be issued. We have had similar cases where Council has denied waiver. He mentioned the instance on Avenue J, south of Wichita Falls High School. Mayor informed that she had received a letter from Mr. Daugherty siting some places where various products are sold out of homes, particularly cosmetics. Mr. Clark stated that when it comes to an issue of an application through a State Agency that is looking to the letter of the law, it seems to me that with the definition of direct sales and if we were aware of other circumstances they may well be in violation of the Zoning Ordinance also. Pat Daugherty explained what had transpired. He stated that Mr. Seese had first advised him that according to the information he had provided Mr. Seese, his intended operation was not in conflict with current ordinances involving home occupation. Later he received notification about this meeting and that Staff was in opposition to this waiver due to the ramifications of the waiver affecting other home occupation proposals. He mentioned that he had made a purchase at 2313 Ellingham and that there are many sales made from that location. He does not understand how his operation is any different from that. He informed that he has never received any money in his transactions. He has never purchased a gun for sale to anyone else; he only receives guns that other people buy and cannot have shipped to themselves. Councilor Daniel said that Council is in a difficult position in regards to other businesses. Is there a possibility of you carrying the same transaction at another location? Mr. Daugherty said that would be deceptive. If I do not get a waiver I will do that. It is just a convenience for people who buy guns. 174 Item 10a cont'd. Mr. Clark commented that they may not have known that a business was going on in this regard in an area but when federal and state agencies become involved we become involved and become aware of it. Mr. Clark stated that they had a concern with the guns being left on their porch by UPS. Mr. Daugherty explained that the guns are disassembled when delivered. Councilor Martin suggested that this be placed on the agenda when the new Council is in place. Staff was directed to place this item on the June 2, 1998 Council Agenda for action. Item 10b Councilor Hawkins asked that the driveway on Borton and Louise Streets be looked into. Councilor Hawkins expressed appreciation for the pleasure of serving the public of Wichita Falls. Councilor Daniel commended the Planning Department, Health Department and Planning & Zoning Commission for the way in which they have pursued the rezoning and health regulations in the newly annexed areas. He thinks the end result is going to be very positive for the City and ninety-five percent of the residents. Councilor Martin expressed concern for the police and fire training center, and asked that this be addressed and not put on the back burner. Councilor Martin thanked the citizens for the privilege of representing them. He commended the City Staff for being a part of the progress in our City. He hopes the new council keeps the train of progress moving. Mayor expressed appreciation to Councilors Daniel, Martin and Hawkins for their service to this community. Item 10c Cite Manager informed that they have not forgotten and will not forget about the police/fire training center. Staff is working on it and will continue. City Manager informed that next meeting, votes will be canvassed followed by a reception for the outgoing and incoming Council members. George Bonnett reported that during the Kovarik Road annexation discussions, we discussed with property owners out there that we would have improvements, water mains, in place on or about the end of 1998. Council is aware that we have signed an agreement to purchase the Wichita Valley Water Supply Corporation's system east of F.M. 369 and we have connected their system to our own by extending a twelve inch line up Barnett Road to Kovarik Road. That is in place, and we have also added a series of fire hydrants on their old system, which is twin four inch lines, that are okay only for filling tankers. Plans and specs are ready to go to bid, but two obstacles have arisen. TNRCC has not approved the sale of the Wichita Valley System. That is in the works, but we do not know when that approval is coming. The application has been filed. Secondly, a legal notice has been published in our newspaper that a petition is being considered for disannexation and the recommendation we are receiving is not to go to bid with this project until these two issues are ironed out. We are ready to go, but it is prudent to wait as recommended by Legal. Upon Councilor Thompson's request Mr. Bonnett gave brief information on pollution and new proposed requirements. Mayor informed that meetings are being held on this and we are keeping updated on it. A possible consortium of this area is being considered and we will keep Council informed. City Manager informed that in regards to the sirens, a representative will be here and Council will be given the date of when it is decided. 175 Item 10d Moved by Councilor Thompson that the following persons be appointed to the Commission on Human Needs: Reappoint: Dr. Eugenia Tickle, Dr. McBee, Mr. Bobby Hall, Mr. Jerry Hampton, Mr. Robert Randolph, and Mr. Don Carter; and Appoint: Mrs. Rita Vokes to replace Mrs. Jeanne Wakeman, Mr. Bill Winaski to replace Joy Parsons, Mr. Brent Walker to replace Mr. John Saxon, and Michael Norrie to replace Mr. Claude Foster; and Appoint: Ms. Lynda Myracle, Mr. Ben Valadez, Mr. Harley Brackelsburg, and Ms. Penny Miller. Terms are for two years and will be staggered. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None The City Council adjourned at 4:00 p.m. PASSED AND APPROVED this "'; day of , 1998. KAT RYN A. Y AGER MAYOR ATTEST: Lydia Torres City Clerk