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Min 02/06/1996 117 Wichita Falls, Texas Memorial Auditorium Building February 6, 1996 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 : Michael Lam - Mayor Don Johnston - Councilors Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. Invocation was given by Dr. Robert Allen, First United Methodist Church. Item 3a George Jefferson, Water Distribution Department, was honored as Employee of the Month. Mayor Lam presented him with a plaque, City pin, theatre and transit tickets, dinner for two, and a check. Mayor Lam proclaimed the week of February 5-9 1996 as "Burn Prevention Week" in Wichita Falls . Mayor commended the Fire Department represented by Ed Stahr, and the Maskat Shriners represented by Gary Hill, for their work and efforts in educating our youth and our community in the prevention of fires . Mr. Hill provided "Burn Prevention Tips" booklets to the Council and encouraged the citizens of Wichita Falls to pick up these booklets . He gave the various locations of where these booklets would be available . Mayor Lam proclaimed the week of February 5-9, 1996 as "Freedom for the Falls Week" . He explained that this was a group of artists and sponsors who will be appearing in our schools talking to our youth about resisting drugs and living a productive drug-free live . Item 4 Moved by Councilor Thompson that the minutes of the January 16, 1996 meeting be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins . Nays : None 118 Items 5a-5f Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None Items 5a-5f Minutes of the following boards and commissions were received. a. Planning and Zoning Commission, December 13 , 1995 b. Commission on Highway Transportation Assistance Needs, January 24 , 1996 c . Wichita Falls Park Board, January 25, 1996 d. Wichita Falls/Wichita County Public Health Board, December 1, 1995 e . Commission on Human Needs, January 8 , 1996 f . Library Advisory Board, January 23 , 1996 Item 6a A public hearing was held on a request from AAA Falls Cab Company to transfer his taxicab franchise to Presidential Limousine of Texas, Inc . Mr. Dockery informed that he had received a request from Mr. Alfred S . Tucker to transfer his franchise from AAA Falls Cab Company to Presidential Limousine of Texas, Inc . This is allowed by our Code, and according to City ordinance a public hearing is held and then the City Council will take action. An ordinance has been prepared and will be considered by the Council later in this meeting. He stated that the transfer will be for twenty permits . Mayor declared the public hearing open and asked for public comment . No one wished to be heard. Mayor declared the public hearing closed. Item 6b A public hearing was held on a request from Alfred S . Tucker for a franchise to operate five special service vehicles in Wichita Falls . Mr. Dockery informed that Mr. Tucker wishes to stay in the special service vehicle portion of the transportation industry and requests a franchise for five special service vehicles to be used on a one hour pre-arranged appointment basis . They are not supposed to be in competition with any taxicab services in the City. Mayor declared the public hearing open and allowed for public comment . Diane, Ford, Skylark Van Service, asked what Mr. Tucker was going to do with these special service vehicles . Alfred S . Tucker, 4205 N.W. Freeway, informed that these vehicles are for disabled persons, such as handicap and wheel chair type lift vans . They will be serving social services in town, such as M.H.M.R. , C.C.W.F. , most hospitals and rest homes . They will not be used for anything except for disabled persons within the City or to pick up outside the City and bring them back to Wichita Falls . It will be non-emergency vehicles . 119 Item 6b cont'd Mayor asked if he anticipated getting into the airport service business for our community like Skylark Van Service . Mr. Tucker replied that he did not want to get into anything like that again. Mr. Dockery clarified that these permits would allow him to get into that type of business if he chose to in the future . These permits are blanket for special service use . Mr. Tucker said that he did not as of this time or in the future plan to get into that type of service . Mayor commented that there is not that much business to go around, and Council would be concerned about allowing additional special service vehicles for that purpose . Mr. Tucker agreed. Claudio Ramirez, Jr. , 2401 McNiel, All American Cab Company Manager, was not opposed to allowing Mr. Tucker' s franchise for special service vehicles . He protested about Presidential' s special service 50-passenger bus, and said that was interfering with their taxicab service. He suggested that the ordinance be clear on what the special service vehicles are allowed to do. Councilor Hawkins asked if Presidential was permitted to use that type of vehicle in the City of Wichita Falls . Mr. Dockery replied that he was not aware of the transportation that Mr. Ramirez mentioned. However, City Staff met with Mr. Wade and he does have several categories of vehicles that he uses for public transportation. It is our understanding that he is using those buses for areas that would not be within the purview of the City of Wichita Falls' Code . The City only deals with transportation from a pickup point inside the City limits and a drop point within the City limits . S.A.F.B. is included in the City limits of Wichita Falls . We are unaware of the type of transportation which Mr. Ramirez spoke about . We met with Mr. Wade and instructed him on the type of uses that he can legally and within our Code operate, and to our knowledge he is meeting those requirements . If we are made aware of some other circumstances, we will check into it . Mayor stated that this hearing was for Mr. Tucker' s request for a franchise . He informed Mr. Ramirez that if he wished he could address this issue at the end of Council meeting during the items which do not appear on the agenda. Mayor asked Mr. Tucker what type of vehicles he was going to use. Councilor Hawkins commented that he had said they were lift vans . Mr. Tucker replied that his vans can haul two wheel chairs, one can haul three passengers and the other can haul about six passengers which will be used for the nursing homes . The vans will be equipped to handle persons with disabilities . He has two vans now and additional ones will be added. Claudio Ramirez, Sr. , owner All American Cab Company, 2013 Elizabeth, stated that Mr. H. P. Hodge had told him that the City controls everything that originates within the city. Now we are getting away from that . Mr. Wade said he would not interfere with the taxicab service, and I did not object to anyone having their own business, as long as they don' t drive it off and here we are now. I don' t know where we are going to go from here . Mayor asked for additional comments and no one else wished to be heard. Mayor declared the public hearing closed. Item 7a ORDINANCE NO. 10-96 AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES RELATING TO THE CONDITIONAL USE PERMIT PROCESS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 120 Item 7a cont' d Moved by Councilor Martin that Ordinance No. 10-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7b ORDINANCE NO. 11-96 AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES RELATING TO THE SITE PLAN REVIEW PROCESS; 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. 11-96 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7c A proposed ordinance was presented approving waiver of Section 9 (F) (1) of Subdivision Ordinance for Lot 16 , Block 12 , Summit View Estates for water supply system. Moved by Councilor Thompson that proposed ordinance be passed. Motion seconded by Councilor Hawkins . Councilor Hawkins asked if the $35, 000 would come out of the City' s water fund, and if this would open that up for future development . Mr. Bonnett replied that it would come out of the Enterprise Fund, and in his opinion we would be promoting growth, however, $35, 000 was a healthy cost . Mr. Bonnett provided the following background. Under the Subdivision Ordinance, if a property owner chooses to plat in the ETJ they have to extend water utilities to that parcel . The parcel in question is located 3500 feet south of the closest water main. If you approve this ordinance you are waiving the extension of that water main, the 3500 feet . He gave the pros and rt ` cons and stated that there is no right answer, it is a matter of balance, and it is a difficult situation. Our recommendation is that we believe that the $35, 000 is costly and it will be a very long time to recover City' s cost or property owner' s cost and that would be by general taxes . Councilor Daniel was concerned on what the impact would be in the future if this was approved and that Council needed to find a balance . Mr. Bonnett informed that in the past a waiver was granted to a property owner west of this location, but that does not bind Council . 121 Item 7c cont'd Councilor Daniel asked what alternatives were available to the property owner. Mr. Bonnett said that the owner just wanted to plat and one alternative would be not to plat . Mayor commented that this was clearly not a development and we have gone through the process and we can show that the requirement was waived. Therefore, we will not get in a bind in the future when people will ask for water in that development . Councilor Martin asked if Council is obligated to extend the water line in the future if someone builds houses out there . Mr. Bonnett said he believed Council would be under no obligation to do so. Councilor Daniel stated that if someone chooses to build in the ETJ and gains some of the protection of the City, they are obligated to follow through on the ordinances as stated. However, if that person wants to do something outside our jurisdiction he waives that obligation. It is a tough decision to make but we need to make decisions up front in order to make decisions easier in the future . Motion failed by the following vote . Ayes : Mayor Lam and Councilor Martin Nays : Councilors Johnston, Thompson, Daniel, and Hawkins Item 7d ORDINANCE NO. 12-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF WELLINGTON LANE, ADJACENT TO THE EAST LINE OF LOT 8, BLOCK 1-A, J. F. KIEL, SECOND SUBDIVISION Moved by Councilor Martin that Ordinance No. 12-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7e ORDINANCE NO.,. 13-96 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE WEST SIDE OF WELLINGTON LANE ADJACENT TO THE EAST LINE OF LOT 8, BLOCK 1-A, J. F. KIEL, SECOND SUBDIVISION Moved by Councilor Hawkins that Ordinance No. 13-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None 122 Item 7f ORDINANCE NO. 14-96 ORDINANCE 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 HAMMON ROAD AND THE NORTH SIDE OF HATTON ROAD, ADJACENT TO THE EAST LINE AND SOUTH LINE OF LOT 16 , BLOCK 12 , SUMMIT VIEW ESTATES Moved by Councilor Martin that Ordinance No. 14-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins . Nays : None Item 7a ORDINANCE NO. 15-96 ORDINANCE WAIVING SECTION 22-1 (a) (9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING AN EVENT MARCH 30 , 1996 IN HAMILTON PARK Moved by Councilor Thompson that Ordinance No. 15-96 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7h ORDINANCE NO. 16-96 ORDINANCE WAIVING SECTION 22-1 (a) (9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING AN EVENT JUNE 2-9, 1996 IN HAMILTON PARK Moved by Councilor Thompson that Ordinance No. 16-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7i ORDINANCE NO. 17-96 ORDINANCE AMENDING SECTION 29-45 (b) OF THE CODE OF ORDINANCES TO DELETE TRAVIS STREET, ARDATH STREET, AND AUSTIN STREET FROM THE LISTING OF ONE WAY STREETS Moved by Councilor Martin that Ordinance No. 17-96 be passed. 123 Item 7i cont'd Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7i ORDINANCE NO. 18-96 AN ORDINANCE AUTHORIZING THE TRANSFER OF THE TAXICAB FRANCHISE OF AAA FALLS CAB COMPANY TO PRESIDENTIAL LIMOUSINE OF TEXAS, INC. Moved by Councilor Martin that Ordinance No. 18-96 be passed. Motion seconded by Councilor Johnston. Councilor Hawkins stated for the record that those vehicles that are now operating under AAA Falls Cab Company be allowed to retain their vehicle age limitation waiver, in the event that they move to one of the other two taxicab companies . Mr. Dockery stated that the vehicles which have been licensed and inspected that were in service prior to the ordinance revision on age requirement have been grandfathered. The move to another taxicab company would not prohibit them from that grandfather action. However, they would have to renew their inspection. The taxicab companies will have to stay within the allocated number of permits authorized. Councilor Daniel asked if there was a forum to which the taxicab companies could bring their concerns and complaints and have them investigated. Mr. Dockery replied that if there are complaints they need to be presented to City Staff and we will call a meeting of the taxicab providers to discuss and try to resolve the issues . However, it becomes difficult when you are dealing with operational issues and when it may have been a one time situation where one company complains about another and we do not have substance or evidence, other than a claim. We encourage the companies that if they have some form of proof or evidence to come forward, however, that has not been the case in the past . Mayor stated that it appears that Councilor Daniel' s main concern is that the committee continue as an ongoing committee so that the taxicab operators may feel free to ask that this committee meet not only on violations but on ways to improve service or whatever else is needed. Councilor Thompson asked Mr. Tucker how many operators he had and how this would affect them. Mr. Tucker replied that he has two, and one owner operator has made plans to go with All American Cab and the other owner operator has chosen to go with Presidential Taxi . Everybody has been taken care of . Motion carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None 124 Item 7k ORDINANCE NO. 19-96 RANCHISE TO S . TUCKER ORDINANCEO RATE AUTHORIZING SPECIAL SERVICE D V E VEHICLES IN WICHITA TO FALLS Moved by Councilor Martin that Ordinance No. 19-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8a Billye Jeter, President League of Women Voters, 1809 Victory, informed that in 1990 the League conducted a study of the conditions of the Kemp Public Library. The members voted to support the significant improvement and upgrading of the Library. She read the League' s updated recommendations on the Kemp Public Library. The League supports improvement and upgrading and the building or leasing of buildings in different parts of town as branches, in addition to retaining and strengthening the main Library in the downtown area. This includes moving the library collection to a stronger and larger facility. The League commends the Mayor and the Council for appointing a committee to study the feasibility of using the Activity Center for this purpose . The League also urges the citizens to voice their concerns . Jean Sherrill, 1309 21st Street, was concerned with the City' s $50 charge for repairing water meters . She was unaware of this charge and felt that it should be a part of the maintenance problems and not charge the citizens . Ms . Sherrill was concerned that there are some who are not able to pay this . She suggested that this be addressed at a public meeting. City Manager commented that there is an Ordinance which states that if a plumber on the premise called by a private party breaks the water meter, then it is the private party' s responsibility. Mayor directed that Mr. Bonnett have a public presentation at the next meeting regarding water meter regulations and applicable fees . Also, Mayor directed that an ordinance be prepared to waive Ms . Sherill' s $52 . 00 charge . He commented to Ms . Sherill that it probably was a justified charge . Councilor Hawkins commented that it is against City Ordinance for any individual, including licensed plumbers, except City employees to take the lid off that box (meter) . Item 8b re ` Councilor Martin was concerned about the heating system at the MPEC Agriculture Complex and wanted to know if it was adequate . City Manager explained how the system worked and the fact that when the big doors are opened the heat escapes and it takes a long time to replace it in a building that size . Councilor Daniel said that the Library Committee had asked him if the Council expects a yes or no answer on moving the Library to the Activity Center or did the Council want a scope of work and a project cost estimate . Mayor replied that the charge they were given was to evaluate the Activity Center and its suitability for its use, and to report back to this Council as soon as possible . Council would like a report from them as early as possible on their findings of the suitability of that building for a library. 125 Item 8b cont'd Councilor Hawkins expressed appreciation to the Fire Department for saving District 5 . We had a fire that extended about three miles and came very close to homes and businesses . They did a fantastic job and I thank them for their hard work. He asked Mr. Bonnett for a brief update on Southwest Parkway at Rhea Road and McNiel . Mr. Bonnett stated that the construction is intended to provide a right hand turn lane and to achieve that, they are going to cover the existing open channel with a concrete slab. Also, in order to avoid any restriction in overland flow or flow through that channel they are adding a third culvert underneath there . Ultimately, there is a program to cover the entire channel in order to create turn lanes . Councilor Hawkins was concerned as to how this would affect the people who live on Cunningham Street whose houses back up to Southwest Parkway. Many are going to want to convert from single family to businesses and we need to get a jump on that early. He asked Mr. Bonnett to keep them briefed on that . Councilor Johnston asked Mr. Bonnett to monitor that project because he is concerned about keeping that flow maintained in that area. We need more drainage not less . Mr. Bonnett agreed and he will work very closely with the State to insure that nothing is done to exacerbate that problem. Councilor Thompson asked that the taxicab ordinance be tightened up, maybe re-written, especially the portion that deals with special service vehicles . That is a very general term and I would like to see it written where we have categories such as handicap vans, limousines, vans, and buses . It should be very specific in order to avoid any questions as to the type of vehicles which are being authorized under any franchise . Mayor directed Legal and Staff to look at some options . Item 8c City Manager informed that he had received the audit from the Wichita General Hospital operation and it will be put in Council' s boxes . Mr. Hausler will keep Council current on operations there . City Manager commented that the Infrastructure Economic Development Committee has had two meetings . They are meeting weekly on Thursdays at 4 : 00 here at the City. They have been briefed as to what the City' s capital improvement plan is and the different updates in terms of additions and what has been done . They are going over that now and will meet again this Thursday. Their next course of action will be to get into the area of what to do about economic development . City Manager will keep Council posted on this . City Manager passed out information to the Council on reactivating the REACT team. He also passed out the results of the annual police survey. City Manager said a downtown redevelopment tour had been planned for the Council at the conclusion of this meeting. The City Council adjourned at 10 : 50 a.m. PASSED AND APPROVED this U day of 1996 Michae Lam Mayor ayor y Torres Cit Clerk