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Min 06/04/1996 216 Wichita Falls, Texas Memorial Auditorium Building June 4, 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 a.m. , with the following members present : Kay Yeager - Mayor Don Johnston - Councilors Angus Thompson Harold Hawkins Jim Berzina - City Manager Bill Sullivan - Asst . City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. The invocation was given by Father Hector Medina, Our Lady of Guadalupe Church. Item 3a David "Doug" Thompson was honored as Employee of the Month for the month of June . Mayor presented him with a plaque, City pin, transit tickets, dinner tickets and a check. Item 3b Mayor Yeager proclaimed May 30 - June 4, 1996 as "Child Care, Inc . Build a Flag - Help A Child Week" in Wichita Falls . Mayor encouraged citizens to support this worthwhile organization. Item 4 Moved by Councilor Thompson that minutes of the May 21, 1996 meeting be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None 217 Items 5a-5c Moved by Councilor Johnston that the Consent Agenda be approved. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None , Item 5a-5c Minutes of the following boards and commissions were received. a. Board of Adjustment, April 17, 1996 b. Commission on Human Needs, May 20, 1996 c . Civil Service Commission, May 17, 1996 Item 6a A public hearing was held to receive final comments on the Riverwalk Hike and Bike Trail Bridge connecting the north and South sites of MPEC. Mayor Yeager declared the public hearing open. Mayor informed that TXDOT is designing this project for MPEC and ISTEA funds are being used on this project . Mayor Yeager allowed time for public comment . There being no art one who wished to be heard, Mayor declared the public hearing closed. Item 7a ORDINANCE NO, 72-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING SIDEWALK ON THE WEST END OF MARIAN LANE, ADJACENT TO THE SOUTHEAST CORNER OF LOT 3 , BLOCK 38 , JOHN HIRSCHI SUBDIVISION AND THE NORTH SIDE OF LOOP 11 ACCESS ROAD ADJACENT TO THE SOUTH LINE OF LOT 3 , BLOCK 38 , JOHN HIRSCHI SUBDIVISION Moved by Councilor Thompson that Ordinance No. 72-96 be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None 218 Item 7b ORDINANCE NO 7 - 6 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (b) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF LOOP 11 ACCESS ROAD ADJACENT TO THE WEST LINE OF LOT 3 , BLOCK 1, BEVERLY INDUSTRIAL DISTRICT Moved by Councilor Thompson that Ordinance No. 73-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 7c ORDINANCE NO 74- 6 ORDINANCE REZONING 903 NORTH BROOK, LOT 1, BLOCK 33 , ORIGINAL TOWNSITE, FROM SINGLE FAMILY-2 TO HEAVY COMMERCIAL CONDITIONED ZONING DISTRICT (CASE R 96-04) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 74-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 7d ORDINANCE NO 7 - 6 ORDINANCE AMENDING THE ZONING ORDINANCE DEFINITION AND REGULATION OF CERTAIN KINDS OF GROUP HOMES AND HALFWAY HOUSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 75-96 be passed. Motion seconded by Councilor Johnston. Councilor Thompson asked if controversy had initiated this ordinance . Mr. Steve Seese replied that it had not, that it was merely an effort to come up with something when group housing does develop. We are just trying to set some conditions, and a lot of this is for clarification about what staff' s activities are now. 219 Item 7d cont'.d. Councilor Thompson asked how many group and personal care homes could be in one block. Mr. Seese replied that group homes are legislated by the State which requires that they cannot be within one-quarter of a mile of each other. Personal care homes require a conditional use permit and this tends to be a way to address the density situation. Councilor Thompson asked about the location of community residential care centers . Mr. Seese informed that the only place they are allowed by right without a conditional use permit is in a heavy industrial district . Those already in existence are grandfathered in. Councilor Johnston asked if this affected the density of where they can be . Mr. Seese responded that it is a clarification of where they are and requirements would be put in most areas zoning district for the conditional use permit . This means that we would have an over-site process with the Planning and Zoning Commission. Mayor Yeager asked if Planing and Zoning was going to set up some guidelines on the density in addition to what the state law is prescribing. Mr. Seese replied that regarding MHMR facilities, Staff will evaluate each individual proposal and if it is found in violation of State law it will be turned over to the State to enforce their own legislation. Regarding other uses, Planning and Zoning has not set any criteria for addressing density. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins too Nays : None Item 7e ORDINANCE NO, 76-96 ORDINANCE WAIVING SECTION 22-1 (A) (2) AND SECTION 22- 1 (A) (9) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS AND SIGNS DURING A HERMANAS HISPANAS EVENT SEPTEMBER 7, 1996 IN SCOTLAND PARK. Moved by Councilor Johnston that Ordinance No. 76-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None 220 Item 7f ORDINANCE NO 77-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF TURTLE CREEK ROAD, ADJACENT TO THE WEST LINE OF LOTS 49 AND 58, CANYON TRAILS, SECTION FOUR Moved by Councilor Hawkins that Ordinance No. 77-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item-7 ORDINANCE NO 78- 6 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF TURTLE CREEK ROAD, ADJACENT TO THE WEST LINE OF LOTS 49 AND 58, CANYON TRIAL, SECTION FOUR Moved by Councilor Thompson that Ordinance No. 78-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 7h ORDINANCE NO 7 - 6 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF PETERSON ROAD, ADJACENT TO THE WEST LINE OF LOT 1, UNIT 68, WICHITA VALLEY FARMS SUBDIVISION Moved by Councilor Hawkins that Ordinance No. 79-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None 221 Item 7i A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing sidewalk on the north side of the north Frontage Road to Kell Freeway, adjacent to the south line of Lot 1, Block 44 , Fountain Park, Section 17-B. Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Thompson. Councilor Hawkins commented that Staff recommends against ' waiving this ordinance and he will go along with that . Motion failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Item 7j ORDINANCE NO 80-96 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 END OF MARIAN LANE, ADJACENT TO THE SOUTHEAST CORNER OF LOT 3 , BLOCK 38 , JOHN HIRSCHI r SUBDIVISION Now Moved by Councilor Hawkins that Ordinance No. 80-96 be passed. Motion seconded by Mayor Yeager and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 7k ORDINANCE NO. 81-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING SIDEWALK ON THE EAST SIDE OF LOOP 11 ACCESS ROAD AND THE NORTH SIDE OF INDUSTRIAL DRIVE ADJACENT TO THE WEST AND SOUTH LINES OF LOT 3 , BLOCK 1, BEVERLY INDUSTRIAL DISTRICT son Moved by Councilor Hawkins that Ordinance No. 81-96 be passed. woo Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None 222 Item 71 ORDINANCE NO 82- 6 AN ORDINANCE WAIVING THE 25 FOOT FRONT SETBACK REQUIREMENT AS REQUIRED UNDER APPENDIX C, ZONING ORDINANCE, OF THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 82-96 be passed. Motion second by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 8a RESOLUTION NO 74-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAFFIRMING THE CITY OF WICHITA FALLS' EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 74-96 be passed. Motion seconded by Councilor Johnston. Council commented that this was something that the Council as a whole supports and that it is a good on-going program where the City has made great strides and continues its efforts in this program. Claude Foster, 4932 Bayberry, Vice President NAACP Wichita Falls Branch, expressed appreciation to the Mayor for her commitment during her campaign and her follow-up to that commitment . Mr. Foster expressed his concerns about the lack of aggression in implementing the Affirmative Action program by the same people who were opposed to it in 1987 . The same arguments and the same opposition is true today as it was then. We are not going to improve the employment picture by doing things the same old normal way. Mr. Foster stated that he hoped the absence of Councilors Shine, Daniel and Martin was not a signal that they do not support Affirmative Action. Mayor Yeager and Councilor Johnston assured Mr. Foster that all three Councilors had made plans to be out of town prior to this item being placed on the Council agenda. Additional discussion ensued regarding City efforts, results and opposition to the plan. 223 Item 8a cont' d. Freddie Castillo, 3010 Saxet Street, provided information to the Council which he stated was authorized by the U.S . EEOC for him to release . The information was a letter from Ms . Jacqueline R. Bradley, District Director of the Dallas District Office . Mr. Castillo commented on the contents of the letter and mentioned the EEOC investigation and violations . He said that he had other documents which he would provide at the retreat . Councilor Johnston asked if this action was still pending. Mr. Castillo replied that the action was never resolved. *` Following several comments, Mayor Yeager instructed that discussion and comments be kept strictly to addressing the resolution on the floor. Mayor commented that Mr. Castillo' s information seemed to be a legal matter and was an item for executive session. Councilor Thompson invited recommendations and ideas on affirmative action and asked that those be provided to the Council prior to the retreat . Reginald Blow, 805 Rosewood, applauded the Council on the drafting and adoption of this resolution. Councilor Hawkins requested that this Resolution be signed by all Council members . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 8b RESOLUTION NO 75-96 RESOLUTION TO APPROVE AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND ARCHER COUNTY MUNICIPAL UTILITY DISTRICT #1 TO AUTHORIZE ADDITIONAL WATER Moved by Councilor Johnston that Resolution No. 75-96 be passed. Motion seconded by Councilor Hawkins . Councilor Thompson requested that a five year projection on »_ water supply and population growth be presented at the retreat . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None 224 Item 9a RESOLUTION NO 76- 6 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR 1996 STREET RESURFACING PROJECT Moved by Councilor Thompson that Resolution No. 76-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 9b RESOLUTION NO 77-96 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR 1996 CDBG MILL AND OVERLAY PROJECT Moved by Councilor Thompson that Resolution No. 77-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item l0a RESOLUTION NO 78- 6 RESOLUTION AUTHORIZING CHANGE ORDER NO. 5 TO A CONTRACT WITH ELECTRA CONSTRUCTION COMPANY, INC. FOR THE GENERAL CONSTRUCTION OF THE EXHIBIT HALL OF THE MULTI-PURPOSE EVENTS CENTER Moved by Councilor Johnston that Resolution No. 78-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None 225 Item 10b RESOLUTION NO 79-96 RESOLUTION AUTHORIZING CHANGE ORDER NO. 3 TO A CONTRACT WITH PALCO MECHANICAL CONTRACTORS, INC. FOR THE PLUMBING AND MECHANICAL WORK AT THE EXHIBIT HALL OF THE MULTI- PURPOSE EVENTS CENTER COMPLEX Moved by Councilor Hawkins that Resolution No . 79-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nay: None Item lla Giola Kluver, 2938 Elliott, questioned the number of changes to the MPEC, and also mentioned the one-half cent sales tax. Mayor informed that the half cent sales tax would be discussed at the retreat . Councilor Johnston commented that five change orders was not a significant number and they are minor changes . Mayor welcomed the Scout Troop who were present at the Council meeting. They were Troop 88 and were working on their citizenship badge . Item 11b Councilor Thompson commended Chief Harrelson and the Council for passing the curfew ordinance . He suggested that the City Manager write to the EEOC Director to obtain affirmative action programs from other cities . Also, he mentioned that the issue presented by Mr. Castillo should be looked into. Councilor Thompson said that the NAACP picnic was a grand affair and he thanked the Mayor and Councilor Johnston for attending. Councilor Thompson asked the City Manager to obtain material for the retreat on the Rapid Rail as to how that can be promoted from Dallas to Wichita Falls . Councilor Thompson received a call from a citizen regarding parking and he wanted to know if it was customary to ticket people at the early hours of the morning. Chief Harrelson informed that they had been having problems in that particular area of town and at first, officers gave warnings . Not getting any response they started issuing tickets . I think the officers handled it well . Councilor Hawkins asked Mr. Bonnett to get him information on the blue marker used to mark water hydrants . He asked Chief Harrelson how the curfew was working. Chief informed that it was working well in that it was clearing the streets . The officers utilize this with caution and extra emphasis has been placed on this since school is out . 226 Item llb cont' d. Councilor Hawkins asked if there had been a change in the volume or pitch of the sirens at Kiwanis Park. Chief Harrelson replied that there had been no change . Chief will provide the reports on the test that was recently run. Councilor Hawkins asked Mr. Bonnett to look into the erosion problem at Fairfax and Burkburnett Rd. Also, he asked Mr. Parker to check into the possibility of installing a traffic light at Fairfax and Burkburnett Road, and a traffic signal at Pearlie Dr. and Burkburnett Road. Councilor Hawkins asked if anyone oversees the areas of the City where agriculture exemptions are being claimed, in order to verify those claims . He asked the Finance Director for a report on this . Councilor Hawkins asked the City Manager to check on obtaining Caller I .D. for the main Police number, 761-7611 . Councilor Johnston asked for siren improvement update . Mr. Parker informed that the bids were done and have been evaluated and will be on the next Council meeting for bid award. Councilor Johnston asked Mr. Parker to check with the State about a left turn lane on Southwest Parkway between Gregg Road and the stadium. Councilor Johnston asked if there had been a change in flight pattern by SAFB where the planes are overflying the City. Mr. Parker will look into this . Councilor Johnston asked if the surface roughness was addressed in the Mill & Overlay Project contract so that we can get a smoother surface . Mr. Bonnett stated that everything will be on new surface and will meet TXDOT requirements . He said they had also looked at drainage but to change and improve it was cost prohibitive except for three areas . Mayor Yeager expressed appreciation to the Staff for the orientation tour and invited any Council member who wanted to join her. It has been very informative and educational . Councilor Hawkins asked Mr. Parker to check into the possibility of putting an Entrance and Exit driveway into Wal-Mart and Sam' s . Item llc City Manager informed that Staff has a recommendation on the request from Elvin Dudley presented to Council in September for a tract of land which had back taxes and mowing liens . Staff recommends that this tract be sold at a Sheriff' s Sale unless Council is opposed. Interested purchasers are in agreement with this . City Manager stated that this tract wil be put in the Sheriff' s Sale unless Council is opposed to this . 227 Item lld City Council went into executive session at 10 :45 a.m. as authorized by Section 551 . 074 of the Government Code . City Council reconvened at 11 : 15 a.m. Item lle Moved by Councilor Thompson that Dr. Richard A. Day and Mr. Al Sutro be reappointed to the Library Advisory Board with terms to expire June 30, 1999 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item llf and llg Councilor Thompson informed that no appointments would be made to the Park Board and to the Housing Authority Board. He encouraged interested citizens to make application in the City Manager' s office . The City Council adjourned at 11 :22 a.m. PASSED AND APPROVED this day ofzvl 19 / v KATHR A. YEAGE , MA R ATTEST: Lydi Torres Cit Clerk