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Min 06/18/1996 228 Wichita Falls, Texas Memorial Auditorium Building June 18, 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 Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. The invocation was given by Rev. Craig ZumBrunnens, Christ United Presbyterian Church. Mayor Yeager proclaimed June 17-22, 1996 as "Maskat Shrine Oil Bowl Week" in Wichita Falls . Mayor informed that this was the 59th year of the Oil Bowl which is sponsored by the Maskat Temple . The Texas portion of the proceeds are given to the North Texas Rehabilitation Center and the Children' s Miracle Network. Mayor commended this organization for their work and dedication in helping others . Item 3 Moved by Councilor Johnston that the minutes of the June 4 , 1996 meeting be approved. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 229 Items 4a-5c Moved by Councilor Daniel that the Consent Agenda be approved. 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 4a RESOLUTION NO, 80-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES QUALIFYING FOR VARIOUS U. S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 5a-5c Minutes of the following boards and commissions were received. a. Wichita Falls Traffic Safety Commission, May 1, 1996 b. Planning and Zoning Commission, May 8 , 1996 c . Building Code Board of Adjustments and Appeals, May 21, 1996 Item 6a A public hearing was held on hazardous structures . Mayor declared the public hearing open and allowed for public comment . Councilor Martin asked if all avenues had been exhausted to to try to collect on this . Mr. Dave Clark informed that the property at 1201 East Scott, the Town and Country Motel, had been in bankruptcy and declared as abandoned by the bankruptcy court . It has been sitting unattended and has been a victim of major vandalism and theft and as such has been determined that it is a detriment to the community under unsafe circumstances . Proposal is to begin demolition in a staged format . Mr. King informed that it has been vandalized and it has had fires on the property throughout the years . The City has maintained it through sub-contract effort . Vandalism has made the building incapable of supporting itself . Our recommendations are that we remove the motel portion this year, and look at it again next year as far as removing the restaurant and meeting areas . By doing this we can get the best effort from our budget and not deplete our demolition funds this year. 230 Item 6a on ' d. Councilor Thompson asked how long the entire process would take . Mr. King replied that they would hope to have the motel portion down by September or October of this year and then request bids on the restaurant portion and probably have that down by spring of next year. Councilor Hawkins asked how much money the City had spent on the upkeep. Mr. King stated that the largest expenditures to date have been $5, 500 for demolition, to take out the burn portion, and $7, 000 in mowing liens . This is a situation which will not improve and we will continue to have to monitor and maintain. Also, removal of the building would improve the value of the real estate . Mr. King stated that in the bid process they would solicit competitive bids and request the best price for the recycling of all the re-usable materials that are in the building such as lumber and brick. Nat Fleming, owner of Cow Lot, stated appreciation for anything that could be done out there and would like to see that building gone . Mayor asked for additional comments . There being no one else who wished to be heard, Mayor declared the public hearing closed. ORDINANCE NO 8 - 6 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS : COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. 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. 83-96 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 7a i ORDINANCE NO 84-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTHEAST SIDE OF LAKE PARK DRIVE ADJACENT TO THE NORTHWEST LINE OF LOT 1, BLOCK 1, USC ADDITION; AND THE SOUTHWEST SIDE OF OLD LAKE ROAD (FM 2380) ADJACENT TO THE NORTHEAST LINE OF LOT 1, BLOCK 1, USC ADDITION Moved by Councilor Martin that Ordinance No. 84-96 be passed. 231 Item 7a cont' d. 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 7b ORDINANCE NO, 85-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTHEAST SIDE OF LAKE PARK DRIVE ADJACENT TO THE NORTHWEST LINE OF LOT 1, BLOCK 1, USC ADDITION; AND THE SOUTHWEST SIDE OF OLD LAKE ROAD (FM 2380) ADJACENT TO THE NORTHEAST LINE OF LOT 1, BLOCK 1, USC ADDITION Moved by Councilor Shine that Ordinance No. 85-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, s Daniel, Martin, and Hawkins Nays : None Item 7c ORDINANCE NO. 86-96 AN ORDINANCE AMENDING ORDINANCE NUMBER 75-96, SECTION 2C, REGARDING THE LOCATION OF 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 Shine that Ordinance No. 86-96 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins , Nays : None 232 Item 7d ORDINANCE NO 87- 6 AN ORDINANCE AMENDING THE NUMBERING OF SECTIONS 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 Daniel that Ordinance No. 87-96 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7e ORDINANCE NO 88- 6 ORDINANCE AMENDING CHAPTER 14 , ARTICLE III, SECTION 14-35 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO ADOPT THE 1996 EDITION OF THE NATIONAL ELECTRICAL CODE Moved by Councilor Martin that Ordinance No. 88-96 be passed. 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 7f ORDINANCE NO 89- 6 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BUNDY, YOUNG, SIMS AND POTTER FOR ARCHITECTURAL SERVICES IN THE REHABILITATION OF THE KEMP/KELL DEPOT; 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. 89-96 be passed. Motion seconded by Councilor Daniel . Mayor asked why we were reimbursing for the computer aided design and drafting time under Sec . 10 . 2 . 1 . 9 of the Architectural Contract, when it is the accepted method of designing now. Mr. Clark informed that this contract was negotiated primarily between the State and the Architect since the State had to approve this . 233 Item 7f cont' d. He thought that could be struck. Mayor requested to strike this from the contract . Councilor Thompson suggested consulting with the Architect before striking it . City Manager said that he would not sign the contract until that point was clarified. Mr. Dockery commented that in the Library discussions with the same Architects this specific provision was discussed and they were willing to strike it from the contract . Mayor stated that this was a standard architectural contract last revised in 1987 and was probably before CAD became the accepted norm for design. Moved by Councilor Martin to amend the original motion by deleting Section 10 . 2 . 1 . 9 from the Architectural Contract if agreeable to the Architects . 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 7g ORDINANCE NO, 90-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (b) (8) OF THE CODE OF ORDINANCES WITH RESPECT TO REQUIRING A 25 FOOT RIGHT-OF-WAY WIDTH DEDICATION ON THE WEST SIDE OF GRACE STREET, ADJACENT TO THE EAST LINE OF LOTS 18 THOUGH 27, THE CHAMPIONS Moved by Councilor Martin that Ordinance No. 90-96 be passed. Motion seconded by Councilor Hawkins . City Manager noted that the developer made a different request from what you see here . Staff' s recommendation is that we can go with less than 25 feet of dedication, but in going down to 11 feet that there be certain responsibilities to the developer including paving the street, the sidewalk, the curb and gutter on the west side . We would end up with a 25 foot paved street with no parking. ri .. Charles Fuse, resident in the affected area, stated that they had the problem of a narrow street and would like to have an adequate street for two vehicles . The developer has offered to give us 11 feet to add to the 20 already there . Residents in this area approve this . There was discussion regarding the trade off with the developer. 234 Item 7g cont'd. Martin Litteken, Biggs and Matthews, Engineer representing the developer Tommy Isbell, stated that their original request was to dedicate the 11 feet and ask for waiver of curb and gutter, but the developer would agree to bear the cost of curb and gutter and sidewalk on the west side of the 25 foot street . However, it is my opinion that you are taking advantage of a situation and a developer to ask him to cure a problem that has existed for a significant amount of time . City Manager commented that many cases we are forced to work out a situation that would not be our number one priority and the way we do that is through certain compromises . That is how we got here . Tommy Isbell, developer, stated that he made a deal with the residents of that area and agreed to put up the money for the sidewalk, and curb and gutter on the west side . In exchange, they have agreed to go with a smaller street, but I have not agreed to pave the street . Mr. Bonnett stated that the total cost to pave the street would be $56, 000 . We are recommending that the developer pave the entire street surface with the exception of the curb and gutter on the east side, which would be the trade off of the 11 feet viz a vie the 25 feet . Councilor Daniel moved for a substitute motion to require Mr. Isbell to provide the 11 feet right-of-way, the sidewalk, and the curb and gutter on the west side, but not include the cost of the street . The City is to bear the cost of the street . Motion seconded by Councilor Hawkins . Mr. Bonnett informed that if the utility poles are in the right-of-way the utility companies are required to re-locate them. The curb and gutter cannot be installed without the street improvements . Councilor Johnston asked if, with this substitute motion, we are now committing the City to improve this street . City Manager clarified that if the substitute motion is passed, the developer will build the sidewalk, curb and gutter on the west side . From that point going east would be somebody' s obligation, and it appears that in this case the City' s, to pave the 25 feet of street and build the east side curb and gutter. Councilor Hawkins commented that would have to be budgeted in next year' s budget . Mayor re-stated the substitute motion. Motion is to accept 11 feet right-of-way; the developer is responsible for curb and gutter, and sidewalk on the west side of the street . The City is responsible for curb and gutter on the east side as well as paving the street . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 235 Item 7h and Item 7i Mr. Martin Litteken requested that these two items be withdrawn. Item 7d ORDINANCE NO. 91-96 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE CRIMINAL JUSTICE DIVISION OFFICE OF THE GOVERNOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Hawkins that Ordinance No. 91-96 be passed. Motion seconded by Councilor Johnston. Sgt . Jerry Riley informed that this grant is for four months . A supplemental grant will be brought to the Council at a later date for the rest of the grant . The money did not filter through to the State in time to be allocated in the full amount . The Drug Task Force arrests have dropped to approximately 120 . We are focusing on mid and upper-level distribution and the arrests are more quality arrests . The one increase we have seen is in methamphetamine . Chief Harrelson informed that the Governor' s Office recognized our Task Force through a Certificate of Commendation for outstanding performance in the State of Texas . The criteria on which they were judged is based on the amount of money they are given versus the number of arrests and the number of seizures and the money size seizures they are able to match. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7k ORDINANCE NO, 92-96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION IN THE GENERAL FUND FOR GRANT REVENUE FROM THE NORTEX REGIONAL PLANNING COMMISSION AND WICHITA COUNTY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 92-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . 236 Item 7k cont'd. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 71 ORDINANCE NO 3-96 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH Moved by Councilor Martin that Ordinance No. 93-96 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 7m ORDINANCE NO 94- 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 29, ARTICLE VIII, DIVISION 2 "TRAFFIC SAFETY COMMISSION" OF THE WICHITA FALLS CODE OF ORDINANCES BY CHANGING THE MEMBERSHIP NUMBERS OF THE COMMISSION; REWORDING SOME OF THE LANGUAGE OF THE ORDINANCE TO REFLECT APPROPRIATE DEPARTMENTS AND RESPONSIBILITIES/DUTIES OF THE TRAFFIC SAFETY COMMISSION; REPEALING ALL ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND SAVING CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND 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. 94-96 be passed. Motion seconded by Councilor Johnston. Councilor Hawkins voiced the following two concerns . 1) Under Section 29-198 "Membership qualifications" all citizen appointees are not citizens of the City of Wichita Falls . 2) Under Article XI Section B, voting by proxy is allowed where it is not in other City commissions and boards . Councilor Hawkins asked that this be clarified. Councilor Hawkins moved that Section 29-198 "Membership Qualifications" be amended to read "The six citizen appointees of the Commission must be citizens of the City of Wichita Falls" , and Section 29-199 "Terms of Office" to read "The six citizen 237 Item 7m cont' d. appointees of the Wichita Falls traffic Safety Commission shall serve for terms of three (3) years, and each shall serve until his successor is appointed" . Motion seconded by Councilor Thompson. Moved by Councilor Thompson to amend Article XI, Section B by deleting the last sentence referring to allowing members who are unable to attend a meeting to assign a proxy to vote for them. Motion seconded by Councilor Hawkins . City Attorney reminded Council there was already a motion on the table . Penny Henderson, Co-Chair of the Traffic Safety Commission asked if Council could change their by-laws . City Attorney stated that Council authorized the Commission to develop their by-laws, by implication. I believe the authority to do so lies with the Commission, and Council probably does not have the discretion to change the by-laws once they are adopted. Councilor Hawkins commented that Council has the right to direct the Commission to look at any part of the by-laws and make changes . We can request it . Councilor Johnston said that it would be better policy to give the Commission the guidance on what we want to do. Councilor Thompson felt that with all this said, the Commission would now look at that portion of the by-laws and make .sr� the change . Councilor Thompson withdrew his motion. Mayor re-stated the motion on the floor. Motion is to approve the original ordinance with the two changes made to Section 29-198 and Section 29-199, in both instances adding the adjective "six" before the citizen appointees . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7n A proposed ordinance was presented amending Section IV of Ordinance No. 1631, increasing the rate of fare to be charged by taxicabs . Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Johnston. Councilor Hawkins noted that the person who requested this item was not present . Councilor Martin stated that he was in the hospital . MEMORANDUM: August 19, 1996 Re : City Council Meeting Minutes of June 18, 1996 On this date, I discovered a typographical error on page 237 of the June 18, 1996 Council Meeting Minutes . The last paragraph of Item 7m reflected "Section 29-198 and Section 29-299" when it should have reflected "Section 29-198 and Section 29-199 . ,, Page 237 of the original minutes was replaced by an amended page reflecting the correct information. Lydi Torres City Clerk 238 Item 7n con ' d. Councilor Hawkins asked who was on the Taxi Cab Review Committee . Mr. Dockery informed that the membership consisted of a representative of the City Manager' s Office, City Attorney' s Office, City Clerk' s Office, Traffic and Transportation Department, and Police Department . It is just a staff committee that reviews these requests before they come to the Council . In this case, we asked for the participation of both taxi cab providers . Councilor Hawkins commented that he just wanted it understood that it is not a committee of the Council . Councilor Thompson asked for clarification on the rate increase process . Mr. Dockery replied that for a rate increase to be considered the Code requires a joint request by the majority of the taxi cab providers . In this case, we have two taxi cab providers and we needed both for Staff to make that request and to make a recommendation to Council . However, the Council does have the prerogative to change the rates regardless of whether there is a majority of taxi cab providers who have requested it . After discussion in the taxi cab review committee meeting, both taxi cab providers were in agreement with the request . All American Cab Company wanted to make it clear that as long as they had the right to charge less than what was shown on the taxi meter, they would be in agreement with the rate request . They cannot charge in excess of what the meter reads, only below that . Councilor Daniel commented that he was trying to determine what obligation the City has to aid and abet an enterprise such as this . He stated that this same company had bought out one of the other taxi franchises and is now asking for a rate increase . Councilor Hawkins asked if the figures submitted had been confirmed. Mr. Dockery responded that he had done a random sample. The Committee is not adamantly recommending these rate increases, we just recognized that it had been some time since they had been changed and appear to be below what other cities are charging. There were questions and concerns regarding the fact that the person requesting this rate increase had previously stated there would not be a rate increase . Councilor Shine questioned the increase on the passenger from thirty cents to $1 . 00 without staff recommendation. Moved by Councilor Daniel to table this until next Council meeting if the owner or representative of Presidential Taxi Cab Company can be present to answer questions . Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 239 Item 8a RESOLUTION NO, 81-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HABITAT FOR HUMANITY OF WICHITA FALLS, INC. , AN ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) AS DEFINED BY FEDERAL REGULATIONS GOVERNING THE HOME INVESTMENT PARTNERSHIP PROGRAM, FOR THE PURPOSE OF COMMITTING THE 1501 SET-ASIDE OF $73 , 500 FROM THE 1994 FEDERAL FISCAL YEAR HOME FUNDING AUTHORIZATION TO HABITAT FOR HUMANITY IN ELIGIBLE HOUSING DEVELOPMENT ACTIVITIES; 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. 81-96 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 812 POW RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR PARTICIPATION IN THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 82-96 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 9a RESOLUTION NO, 83-96 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR KEMP PUBLIC LIBRARY REROOFING Moved by Councilor Shine that Resolution No. 83-96 be passed. Motion seconded by Councilor Martin. 240 Item 9a on 'd. Councilor Hawkins asked if Armored Roofing would have insurance to cover the content while they are in the process of doing the work. Mr. Bonnett said he believed we were covered but he will have Legal review the policy when he receives it . If there is a concern that we are not covered, we will bring back a change order to purchase that extra insurance . Motion carried by the following vote. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9b Moved by Councilor Johnston to award bid for five (5) outdoor warning units to Design Security Controls, Inc . , in the amount of $115, 116 . 00 . 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 Giola Kluver, 2938 Elliott, asked what number of persons were needed in order to hold a meeting. City Attorney replied that it was four, the majority of seven is four. City Manager stated that the Charter states that it is four. Sue Ann O' Shea, 1080 W. Wenonah, wanted to know if there were any underground water charts of the City of Wichita Falls . Mr. Bonnett stated that there were not, and he added that there has been a lot of ground water movement throughout the community and it is a very shallow movement brought on by intensive irrigation. We are getting a lot of complaints throughout the City. Mrs . O' Shea said there had been standing water on her driveway which has been corrected after numerous calls to Public Works . She wanted someone to admit that there was a leak there . Mr. Bonnett stated that indication was that there was ground water movement in that area. Michael R. McQuerry, 2139 Ave J, owner of a federal firearms shop requested that Council consider, on a future agenda, an ordinance variance to allow him to sell firearms out of his residence . In order to renew his federal firearm license he is required to comply with local zoning ordinances . He submitted to the City Manager a list of his neighbors' signatures who are not opposed to him having a firearm shop in his home . He feels he has a unique situation in that he has a disabled son for whom he has to 4 241 Item 10a cont' d. care, and having a shop in his home would allow him to do that at home . Mr. Clark corrected the fact that this was a waiver and not a variance . This is a direct ordinance and you would be providing a waiver for this particular regulation, if you so chose, and as such, Council can put any regulations they choose . Mayor directed that this be considered and that Staff provide a report on the various aspects of it . This will be placed on the July 2 , 1996 Council agenda. Larry Binion, 2408 Clayton, with a business at 5200 Seymour Highway, addressed the Storm Water Detention Ordinance . He was informed this Ordinance deals only with a 100 year event, and anything between now and the hundred years is not addressed. His concern is the Lake Wellington Estates development which is to the south of his business . He provided pictures to the Council of recent rains and the affects on his property. He is concerned with what would happen with a two or three inch rain in the near future . Public Works is trying to prevail on the developer to put in an additional water detention facility to the north of the development and to the south of Seymour Highway, and he understands the developer is reluctant to do this and does not feel it is necessary. Mr. Daniel stated that this was something that is on the retreat agenda and it will be addressed. Mr. Binion asked Council to assist him and the Director of Public Works to prevail upon the developer to put in retention ponds on his side of the road. He also requested that Council consider changing the Ordinance to be more equitable and fair to people in a down stream area. Councilor Daniel stated that the developer has met the requirements of the Ordinance and there is not anything that we can do about this case . However, the conditions that you are facing will be faced by numerous others in the community as development continues to occur. This is something that we as a Council need to address . Item 1012 Councilor Thompson expressed appreciation to Mr. Bonnett for providing a detailed document on water sources . Also, he felt that the Weed & Seed Committee would have some useful recommendations concerning community development which could be presented at the retreat . Councilor Hawkins thanked Staff for the information he received on his questions from the last Council meeting. He asked that the MPEC reports be consistent by providing the same information in all reports . Councilor Johnston expressed appreciation to Mr. Bill Parker for his assistance in solving the problem of accessing Lawrence Road in such a timely manner. Councilor Martin gave reason for not being present at the last Council meeting. He stated that he was out on official City business and that he did not miss the meeting for the purpose of escaping any issues that came up. 242 Item 10b cont'd. Councilor Martin asked that Staff look into handicap doors for the Sixth Street entrance . City Manager stated that there was one on the east side, accessible to the elevator. He asked about the progress on the MPEC sign. Mayor informed that the foundation is in place, the pipes are in and the sign should be in next week. Depending on when it arrives, it could be operational by the first week in July. Item 10c Chief Harrelson informed that they are still looking into Caller I .D. , but according to WilTel Communications System the software changes and changing the telephone systems inside the dispatch system could cost approximately $40, 000-$50, 000 . That does not include what the telephone company would have to come in and do. Chief asked for Council direction on whether to proceed with his research. Councilor Hawkins stated that we have other greater needs at this time . Item 10d City Council went into executive session as authorized by Section 551 . 074 of the Government Code at 11 : 10 a.m. City Council reconvened at 11 : 55 a.m. Councilor Martin was not in attendance . Item 10e Moved by Councilor Thompson to appoint Patsy Kleine to the Library Advisory Board with term to expire June 30, 1999 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : None Item Of Moved by Councilor Thompson that Bob Swartz be appointed to the Wichita Falls Park Board with term to expire December 31, 1998 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : None 243 Item l0a Moved by Councilor Thompson to appoint J.L. Watkins and Charles Averhart to the Wichita Falls Housing Authority Board with terms to expire July 1, 1998 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nay: None Item 10h No appointments were made to the MHMR Board of Trustees . Item l0i Moved by Councilor Thompson that Bobby Redwine be appointed as Alternate No. 3 and James Heath be appointed as Alternate No. 4 to the Board of Adjustments with terms to expire December 31, 1998 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : None Item 10j Moved by Councilor Thompson that Linda Wilson be appointed to the Wichita Falls Art Commission with term to expire April 30, 1998 . Mrs . Wilson will replace Mrs . Rosemary Medders who is the representative for the Wichita Falls Museum and Art Center. Motion seconded by Councilor Johnston and carried by the following vote . 14 Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : None 244 Item 10k For clarification purposes Councilor Thompson moved that the following persons be appointed and reappointed to the Wichita Falls Art Commission: Wichita Falls Museum and Art Center Board of Directors : Reappointments (Terms expire March 31, 1997) Robin Thompson-Scales Greg Muehlberger Wichita Falls Art Commission: New Appointments (Terms expire April 30, 1998) Nedra Palmer Lynn Hoggard Bettye Hansen John Vitek Sam Graham Reappointments (Terms expire April 30, 1998) Michael Maloney Don Henschel Jeanne Kay Rigg Cynthia D. Brock Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : None The City Council adjourned at 12 : 00 noon. PASSED AND APPROVED this Gi day of 19 . / U KATHR A. YE ER„' YOR ATTEST: Lyc a Torres Ci I Clerk