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Min 06/02/1998 203 Wichita Falls, Texas Memorial Auditorium Building June 2, 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 Angus Thompson - Bill Altman Johnny Burns - Bud Beaty James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Dan Shine - Absent Mayor Yeager called the meeting to order. Invocation was given by Reverend Robert Landback, Church of the Good Shepherd. Item 3a Ms. Angela Joyner, Library Assistant, was honored as employee of the Month for the month of June. Mayor presented her with a plaque, theater passes, and dinners for two. Mayor proclaimed the week of June 6-13 as "Home Ownership Month" in Wichita Falls. Chief Schlieper presented the City with the Police Department's plaque of accreditation. Mayor accepted the plaque on behalf of the City and congratulated the Chief and his department on this accomplishment. Mayor recognized the tree park crew and their hard work which has enabled another award. Mr. Murphy presented the Mayor with the award for the Custom Tree Transport System. The tree park crew was introduced and a video of their work was shown. Mayor expressed appreciation to the Parks Department Director and employees. Item 4 Francis A. Walter, 5210 Tower, Apt. 146, asked that Council consider providing a senior citizen center. The two available places are lacking and not viable to do things other than dance. He is willing to help support a center for senior citizens, financially and by volunteering. Dave Motherwell, 2811 Lebanon, asked that the Code be enforced uniformly throughout the City. He has been coded several times and if he does not clean it up or remove unused vehicles according to the City's time frame, he is cited. However, there are other vehicles in his neighborhood which are in violation and have not been cited. If they cite one person they should cite everyone and they should give notice if we are still in violation after the ten day period before taking us to court. If someone does not like you they can turn you in and 204 Item 4 cont'd. you are cited. Need to have a better system for handling Code violations. He did not think that Code had the right to drive onto his driveway to look into his yard for Code violations. Item 5 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. Items 6a-7b Moved by Councilor Johnston that the consent agenda be approved. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 6a Bid was awarded for the purchase of one (1) each Y2 Ton pickup from Herb Easley Motors in the amount of$16,925.89. Item 6b Bid was awarded for the purchase of four (4) each % Ton pickups to Ron Roberts Ford in the amount of$70,428.96. Item 6c Bid was awarded for the purchase of one (1) each % Ton four-wheel drive pickup to Ron Roberts Ford in the amount of$22,291.18. Item 6d Bid was awarded for the purchase of one (1) each 1 Ton pickup and three (3) each 1 Ton cab & chassis to Herb Easley Motors in the amount of$82,178.56. Item 6e Bid was awarded for the purchase of two (2) each % Ton cargo vans to Ron Roberts Ford in the amount of$37,907.20. Item 7a & 7b Minutes of the meeting of the following commissions were received: a. Water Resources Commission, April 3, 1998 and May 8, 1998. b. Commission On Human Needs, May 18, 1998. Item 8a ORDINANCE NO.48-98 AN ORDINANCE WAIVING SECTION 4220(I), OF THE ZONING ORDINANCE, GOVERNING THE PLACEMENT OF A CARPORT IN THE FRONT SETBACK AREA AT 213 LOCH LOMOND DRIVE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 205 Item 8a cont'd. Moved by Councilor Johnston that Ordinance No. 48-98 be passed. Motion seconded by Councilor Thompson. Mr. David Clark informed that notices had been sent out to adjacent property owners and no one was opposed. There are no carports within the 200 feet area but there are other carports within the general area. Councilor Altman said that he had driven by this property and there was a carport across the street. Councilor Altman commented that the diagram accompanying the request shows the carport will go 4.5 feet from the property line and he assumed the drawing of the street includes the sidewalk area in front of the property so that we are not extending out to the sidewalk. Mr. Clark explained that the property line is usually the rear of the resident side of the sidewalk so it would be 4.5 feet back from that line. Pat Fox, property owner, said that she would appreciate the Council's consideration on this waiver. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 8b ORDINANCE NO. 49-98 AN ORDINANCE REZONING 61.2 ACRES OUT OF BLOCK 9, OF THE KEMP AND NEWBY SUBDIVISION OF THE CHEROKEE COUNTY SCHOOL LANDS, FROM GENERAL COMMERCIAL TO HEAVY COMMERCIAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 49-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 8c A proposed ordinance was presented waiving Section 5130 of the Zoning Ordinance to permit direct sales as a home occupation involving firearm sales. Moved by Councilor Burns that proposed ordinance be passed. Motion seconded by Councilor Johnston. Mr. David Clark explained that Mr. Daugherty came before Council about one month ago for waiver consideration. In the mean time the neighbors have been notified, and initially five were in favor and four were opposed. But after talking with the applicant, four of the respondents changed from opposed to in favor of the waiver (eight to one in favor). Staff has interpreted that the utilization of home occupation relates to the question of direct sales which is the exchange of merchandise for monies at a particular location and we find this to be in conflict with the City Zoning Ordinance as a direct sale circumstance. 206 Item 8c cont'd. Councilor Johnston asked, if the waiver was granted, would it be a site specific waiver? Mr. Clark replied that it would be, but not a conditional use in the sense that if you approve a waiver and allow a home occupation for direct sales out of a location. They can choose to do any direct sales. Councilor Johnston wanted to know what would happen if the property is sold. Mr. Clark explained that as along as the same type of sales were being conducted then the waiver could continue. City Attorney concurred, and added that until such time as the Council would repeal this ordinance, assuming it passes. Councilor Thompson explained his concerns with having guns in a neighborhood. Mr. Clark informed that they did receive the regulations from the Bureau of Tobacco, Alcohol and Firearms and as part of their instructions the applicant must certify that the business to be conducted, on a license, and the place where the licensed premises is located is not prohibited by a state or local law. It is under this basis where we feel the Bureau has made a similar interpretation in that they consider that to be the point of sale, and that supports our concern about the direct sale at this location. Councilor Altman asked Mr. Daugherty if he had stated at a prior Council meeting that if Council did not allow him to receive guns at his residence that he could get the permit and receive them at his office. Patrick Daugherty, 4400 Caston, replied that he could change it to his office address, but that would be a devious way of doing it. He felt it was devious because there are many home sales going on in that area and he did not think he should bother his employer to do that, plus he may retire some day and not have an office. Councilor Burns asked if these other direct sales which Mr. Daugherty mentioned were being subjected to this same scrutiny in obtaining a permit? Mr. Clark explained that the definition of direct sales is when you accept money for merchandise at a site. When it comes to direct sales out of homes there may be a lot of those that we do not know about because we do not go searching for them; we respond to complaints. We became aware of this issue through the Bureau who contacted us about commissions, etc. and that is why we are looking into this. Fie added that it is a zoning question. Council discussed this issue at length and had concerns with having guns delivered in a neighborhood. Mr. Daugherty gave his opinion on the notice provided to his neighbors and the number of supporters in favor of his operation. He submitted a list of his "customers" and details of purchase. He asked that he be treated no differently than all the other home occupations have been treated for as long as he can remember. Dorothy Mathews, 1314 N. 4", expressed concern about having guns delivered and left on a porch or elsewhere in the neighborhood. Mr. Daugherty informed that he could direct UPS not to leave anything on the porch by having them sent C.O.D. Councilor Johnston felt this was not a question of what he is selling but a question of waiving the Ordinance to have direct sales in a residential area. Are we going to officially allow direct sales in a residential area? Motion failed by the following vote. Ayes: None Nays:. Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Item 8d ORDINANCE NO. 50-98 ORDINANCE AUTHORIZING THE USE OF $23,395 IN SEIZED FUNDS TO BE USED AS MATCHING FUNDS FOR A $210,761 BUREAU OF JUSTICE ASSISTANCE GRANT. Moved by Councilor Johnston that Ordinance No. 50-98 be passed. 207 Item 8d cont'd. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 8e ORDINANCE NO. 51-98 AN ORDINANCE WAIVING SEC.22-1(A)(9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS IN JAYCEE PARK DURING A COWBOY EVENT JULY 14, 1998 Moved by Councilor Thompson that Ordinance No. 51-98 be passed. Motion seconded by Councilor Johnston. Mayor commented that the Park Board has approved this and the two following items. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 8f ORDINANCE NO. 52-98 AN ORDINANCE WAIVING SEC. 2-4 OF THE CODE OF ORDINANCES TO PERMIT ALCOHOLIC BEVERAGES IN JAYCEE PARK DURING A COWBOY EVENT JULY 14, 1998. Moved by Councilor Burns that Ordinance No. 52-98 be passed. Motion seconded by Councilor Johnston. Councilor Altman asked if the Ordinance could be restricted to beer and wine only, in order to prevent someone from possessing any type of alcoholic beverages. City Manager explained that you cannot possess alcoholic beverages, the only permission being given is to the people who are operating the concession to have alcohol in the park. It does not permit an individual to carry their own alcohol, and there will be signs stating that. Mayor added that there will be a very strong attempt to limit people bringing any alcohol into the park; this is not any different than what occurs in Lucy Park for Falls Fest. Councilor Johnston commented that this is going to be heavily attended by youth and we need to have strong controls on that. City Manager stated that there will be one alcohol supplier in the park and the rest is illegal, and there will be police and security officers enforcing that. Gene Pepiton, 5808 Briargrove, wanted to know what made this event different. If you have an ordinance you need to stay with the ordinance, not when it is convenient. He did not feel we should drop our restrictions because the Cowboys were coming to town. There are reasons we do not allow alcohol in our parks and one is because we don't want our children around alcohol. We do not want to restrict people from attending any City event because they object to the possibility of having alcohol. We have an Ordinance for the purpose of not having alcoholic beverages in our parks, and we should have the courage to stand by it regardless of the circumstances. The Cowboys knew who we were when they selected us and we should not sell ourselves out because of their consideration. 208 Item 8f cont'd. Mr. Pepiton explained that there are differences between this waiver and the one for the signs and parking on the grass. He would not keep his children away from the park because people were parking on the grass or because there were signs; these are not hazardous to their health as consumption of alcohol would be. It is a different situation. City Manager stated that we have done this before and the park is going to be made available for that purpose and those who come to the park know what the event is and the circumstances of that event. People have other choices of parks to go to if they do not want to go to this event and don't want to partake of that use. But to say that they are going to hamstring it to the point where you don't have those kind of choices would make these events prohibitive in the future. We have done this before and it is going to be policed. Councilor Altman felt that there may be circumstances that would be appropriate to allow Council to waive this Ordinance. Mr. Pepiton was aware of that fact but his point was that the event can be done alcohol-free, and he did not believe the Ordinance should be waived in order to have alcoholic beverages. Being able to waive this Ordinance does not make it right and limiting alcoholic sales in this event does not mean we would have to cancel it. Doris Mathews,1314 N. 41h Street, spoke against waiving this Ordinance. Her reasons were that there would be a large crowd and that it is youth oriented. Alcoholism is on the rise and people are being killed by drunk drivers. When you add alcohol to these conditions, no matter how well policed or organized you will have bad situations occur. She felt they should remove the alcohol from this event. Council will be doing everyone a favor if they removed the alcohol from this event. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors, Altman, Burns, and Beaty Nays: Councilors Johnston and Thompson Item 8g ORDINANCE 53-98 AN ORDINANCE WAIVING SEC.22-1(A)(2) TO PERMIT VEHICLES ON THE GRASS IN JAYCEE PARK DURING A COWBOY EVENT JULY 14, 1998. Moved by Councilor Johnston that Ordinance No. 53-98 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 9a RESOLUTION NO. 82-98 RESOLUTION AUTHORIZING THE ISSUANCE OF REQUEST FOR PROPOSALS FOR TRANSIT SHELTER AND BENCH ADVERTISING SERVICES. Moved by Councilor Thompson that Resolution No. 82-98 be passed. Motion seconded by Councilor Altman. Councilor Burns stated that his company will be one of the bidders so he will abstain from discussing or taking action on this item. However, if there are questions from the Council regarding technicalities on this issue he can lend his expertise. 209 Item 9a cont'd. Mr. Robert Powers provided background information on this item. Planning & Zoning Commission favorably recommended this back to the City Council. This will authorize staff to solicit proposals from vendors to install transit shelters and bus benches for the City bus system. It is an RFP which would allow us to negotiate with vendors in terms of the location of the shelters and benches, and in terms of specs of the benches and shelters that would need to comply with our Building Code and ADA . In return, the vendor will be able to market and sell and maintain advertising on the benches. Those proposals would come back and we would bring a recommendation to Council. He mentioned that there was a provision in the Building Code that prohibits any kind of bench on the right-of-way and we would recommend an exemption for transit-related benches in the right-of-way. Also, in the Zoning Ordinance we would want to make it clear that signage on the transit shelters would be allowed. Mr. Powers informed that they were also working with the Highway Department to comply with their regulations. Mr. Robert Parker added that a portion of the advertising revenue would come back to the transit system to help with expenditures. Councilor Johnston endorses the idea of transit shelters but has a concern about controlling the advertising and wants to make sure we keep our options open. Mr. Powers commented that the vendor will respond to the Council with the type of structures; they would propose the amount, type and quality of advertising. We could then negotiate those concerns you have, and if Council is still uncomfortable with the proposals they could be disapproved. Roger Mills, 4119 Stearns, stated that there should be very strict requirements in regards to maintaining graffiti. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, and Beaty Nays: None Abstention: Councilor Burns Item 9b RESOLUTION NO. 83-98 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KUSTOM SIGNALS, INC. FOR THE PURCHASE OF 21 IN- CAR VIDEO SYSTEMS FOR USE IN MARKED POLICE VEHICLES. Moved by Councilor Thompson that Resolution No. 83-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 9c RESOLUTION NO. 84-98 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A COPS MORE '98 GRANT. Moved by Councilor Thompson that Resolution No. 84-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. 210 Item 9c cont'd. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 10a Councilor Thompson applauded the Council for the stand taken on the sale of firearms. We need to limit access of firearms by our children. Also, regarding consumption of alcohol in City parks, he will take the stand that those who are opposed to this will not go. However, we will continue to be Cowboy fans. Lastly, he asked about the status of the Richmond Condominiums and the Holt Hotel. Mr. Clark informed that the Richmond Condominiums have been issued a building permit and are under construction now. There will be a public hearing on the Holt Hotel this Saturday in Dallas before the Texas Department of Housing and Community Affairs regarding its funding. Councilor Burns informed that there is a person who is requesting funds from the Hotel/Motel tax fund for a development of the Wichita Theater. He wanted to bring this to Council's attention and ask that particular attention be paid to that attraction. Councilor Altman expressed concern with the lack of follow-up on some Code violations with property which has been cited some 18-20 times without any active enforcement. He asked that Staff actively pursue that matter. Mayor expressed appreciation to Steve Seese and other Staff members for the recent successes that we have had on the four-lane from here to Abilene on U.S. 277. Mayor also expressed appreciation to government and legislative officials who have been very supportive. Item 10b City Manager informed that the City Channel is providing information on the current construction projects within the City, and encouraged citizens to dial in to that. Councilor Thompson acknowledged that this was out of order, but asked that a couple who had contacted him regarding a water situation on Kiel Road be heard at this point. Scott Gaston, 5945 Kiel Lane, stated that he had no problem with the annexation but he does not have water on this property. He asked that Council consider providing water to connect sixteen families to the water main that is out there. He did not want Council to shelve the idea of water on Kiel Lane. Ellen Gaston, 5945 Kiel Lane, said that they want the Kiel Road water development issue to be put placed on the Council Agenda for discussion, and that they be notified of that date. Councilor Thompson suggested discussing this at the Council retreat. City Manager stated that the City has water in that area but we do not run water to everyone's house. He asked if people in that area were ready to pay for lines to be run to their houses? We have never taken the position that we were going to run water to everybody's house, that is not required by the law and that was not the plan that was presented when we went into the annexation. After some discussion, the Mayor informed that we were out of order and stated that this would probably be discussed at our upcoming retreat. Item 10c The City Council went into Executive Session at 11:05 a.m. as authorized by Section 551.074 of the Government Code, and reconvened at 11:35 a.m. 211 Item 10c cont'd. Mayor stated that no action had been taken in Executive Session. Item 10d Moved by Councilor Johnston that appointments to the Planning and Zoning Commission be tabled until next Council meeting. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 10e Moved by Councilor Thompson that Jerry Reed be appointed to the Nortex 9-1-1 Communication District Board of Directors, who will serve a term as specified by State statute. Motion seconded by Councilor Altman. Mayor commented that Mr. Reed's representation has been approved by the other cities within Wichita County prior to its submission to the Wichita Falls City Council and basically this is just tacit approval of an action that has been approved by these other cities. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Thompson, Altman, Burns, and Beaty Nays: Councilor Johnston Item 1Of Moved by Councilor Burns to table the appointments to the Wichita Falls Art Commission. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 11 The City Council adjourned at 11:45 a.m. Mayor immediately called the Council back into session to discuss possible dates for the Council retreat. Mayor suggested that "in-house discussions" be conducted on June 16 following adjournment of the City Council meeting, and that June 22 be considered for the facilitator. Council concurred. The City Council adjourned at 11:50 a.m. 212 PASSED AND APPROVED this 1 day of , 1998. y THRYN A. Y GER ' MAYOR ATTEST: Lydia Torres City Clerk