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Min 07/02/1996 247 Wichita Falls, Texas Memorial Auditorium Building July 2, 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. Billy R. Delaney, Saint John' s Baptist Church. Item 3a David Wagner was honored as Employee of the Month for the month of July. Mayor presented him with a plaque, City pin, transit tickets, dinner tickets and a check. Item 4a The minutes of the June 18, 1996 City Council meeting were approved as read. Mayor expressed appreciation on behalf of herself and the entire Council to the Staff for their work and involvement in the Council retreat last week. Mayor thanked the Council for their perseverance and their hard work for those three days and the sense of cohesiveness and unity which is a result of those three days . 248 Items 5a-5c Moved by Councilor Martin 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 Minutes of the following boards and commissions were received. a. Water Resources Commission, June 7, 1996 b. Library Advisory Board, May 26 , 1996 c . Wichita Falls/Wichita County Public Health Board April 26, 1996 Item 6a A public hearing was held on the proposed use of Community Development Block Grant Entitlement grant funds from B-96-MC-48- 0030, and Home Investment Partnership from M-96-MC-48-0214 . Mayor Yeager declared the public hearing open. Mr. Dave Clark explained that this was the second of public hearings on the CDBG Funds and Home Funds . $1, 965, 000 is being received under the block grant program. Program income and un- programed funds total $2 , 311, 035 . Staff appreciates the Council committee that met with all of the agencies to go over their programs and learn more about what they want to accomplish. Hank Grieb representing Christmas in April expressed appreciation to the Council Committee for their consideration to fund this program through the CDBG for next year. Mayor asked for additional comments . No one else wished to be heard. Mayor declared the public hearing closed. Item 7a ORDINANCE NO. 95-96 wµ ORDINANCE AMENDING APPENDIX C, ZONING ORDINANCE SECTION 6100, AS IT RELATES TO NON-CONFORMING DEVELOPMENT; 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. 95-96 be passed. Motion seconded by Councilor Shine . 249 Item 7a cont' d. Councilor Hawkins was concerned that this ordinance would do away with the grandfathering that was promised to the citizens when they voted in zoning. One of the things that was promised in this was that any operation that was in a non- conforming area that hadever been there could be brought back as a non-conforming use at a later date . This does away with that . City Manager commented that this is putting a limitation on how long it would be grandfathered after it was abandoned, its existing usage . When they did the zoning, what was promised was that its existing uses would be grandfathered. This addresses uses that lapse out of their "grandfather" status by setting a time frame to be able to come back. The issue is if there should be a time frame . Councilor Hawkins suggested that the time frame be ten years instead of two. Mr. Clark stated that the ordinances he is familiar with prohibit non-conforming uses to continuation and there can even be a moratorium on them. What we are proposing is two years, and that is what Planning & Zoning is recommending. That only means that if a property is vacant for two years and if it is a legal non conforming use it can continue to operate forever. But, we have had circumstances where people have come back after a period of time and wanted to use again. Conditions change over the years and that change needs to be reflected. It also provides an outlet in the form of a conditional use through the Planning Commission to continue and expand, and give some latitude for the continuation of any of these uses . Moved by Councilor Hawkins to amend the original motion by changing the two year limitation to ten years . Motion died for lack of a second. Councilor Thompson commented that we need to keep in mind that we need to consider everyone' s welfare and benefit, therefore, he is in favor of the original ordinance . The original motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : Councilor Hawkins Item 7b A proposed ordinance was presented 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 Evans Road adjacent to the east line of Lone Oak Ridge . Moved by Councilor Thompson that proposed ordinance be passed. Motion seconded by Councilor Martin. 250 Item 7b cont' d. Councilor Martin stated that this should be an item that the City of Dean should seriously consider annexing this property because we could have a problem in the future with non- standard streets . Councilor Hawkins asked if Staff had contacted the City of Dean staff to see if they are interested in annexing. Mr. Bonnett replied that Public Works has not, but they have been in contact with the developer who has been in contact with the City of Dean. Mr. Clark stated that they have been in contact with the Dean Dale Water District and they are willing to accept this . Mr. Seese stated that they have been informed on the procedure to be released from our ETJ and were instructed to prepare the paperwork. We have not heard from them in the past year until these waiver documents were received. Richard Boyd with Corlett, Probst and Boyd, representing the owner, Mr. Charles Rouzer, stated that most of the property is in the ETJ and most of the frontage on the existing county roads and highway frontage is in the city limits of the City of Dean. We are pursuing thE! annexation of this property. We are not opposing Staff' s recommendation against the waiver of these requirements . We do intend to develop it if we can get in Dean' s city limits . Mr . Boyd questioned whether Dean would annex this property which is three and a half miles from their city limits . Councilor Martin stated that if it is brought within the „, city limits of Dean this issue is moot for the City of Wichita Falls . �rr1► Mr. Clark pointed out that right now the ETJ for the City is three and a half miles . When we officially, under the census, become a City of over 100, 000 it is my understanding that we then go to five miles . Mr. Boyd stated that they intend to pursue annexation by City of Dean. Motion failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 7c " A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing a sidewalk on the west side of Evans Road adjacent to the east line of Lone Oak Ridge . Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Martin and failed by the following vote . 251 Item 7c cont'd. Ayes : None Nays : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 7d A proposed ordinance was presented waiving Appendix A, Section 7 (b) (4) of the Code of Ordinances with respect to standard street design as directed by the Director of Public Works concerning Lone Oak Ridge Subdivision. Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Thompson and failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 7e ORDINANCE NO. 96-96 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH UNITED AERIAL MAPPING TO PROVIDE SERVICES RELATED TO DATA CONVERSION AND COMPUTERIZATION AND APPROPRIATING MONEYS TO FUND THIS SERVICE; 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. 96-96 be passed. Motion seconded by Councilor Johnston. Mr. Steve Seese informed that the letter to the City Manager from EI Technologies was an appeal of the process used by Planning to select another consultant to perform the map scanning operation. There is also a memo to the City Manager from Mr. Seese explaining the processes they use and the substantiation with the legal aspects of an RFP proposal . A packet has been provided to Council of this process . This map scanning process is a professional service contract and a bid process is not required by law; it is such a specialized nature . We want to receive proposals from companies who perform this type of work in order to be fiscally conscious on this as we have a limited budget within which to operate . The project will be paid for by state and federal funds with a 3 . 50 local match. Total authorization is $200, 000 . 252 Item 7e cont' d. EI Technologies wanted to appeal our decision based upon two reasons . They claim they are the lowest price qualified bidder for this project . I have given you a chart of the consultants' proposals, which reflects that they are not the lowest price or qualified bidder for this project . EI Technologies also said that the firm awarded the bid was unfairly given an opportunity to agree to provide some optional services not included in the scope of the RFP. We deny that; there was no negotiation with another consultant to provide additional work outside the scope of the RFP. What has happened is United Aerial Mapping had given us a contract price of $202 , 382 and we wanted them to be in the interview process understanding that that was within our negotiable range of our project budget . When we interviewed United Aerial Mapping, EI Technologies, and another company they were asked to provide demonstration projects . We wanted to know what we would be paying for. During their presentation, United Aerial Mapping mentioned the way it could be done according to the RFP but they preferred to do it another way. They said that the price they had quoted was based upon the way the RFP said it needed to be done . They are the only consultant that said they priced it like that . They said if they were allowed to do the project they could save the City a lot of money. They were allowed 24 hours to come back with another price and they did, which saved the City $23 , 000 . In the RFP itself it mentions that the award of the project would not be tied to the price, that we reserve the right to negotiate, among other things . We are looking at quality and we are trying to get the most for our money. We were totally within our legal rights on this . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7f A proposed ordinance was presented waiving Section 5130 of the Zoning Ordinance by allowing a residential dwelling at 2139 Avenue J to be used for direct selling of merchandise to the public . Moved by Councilor Shine that proposed ordinance be passed. Motion seconded by Councilor Johnston. Councilor Johnston asked if any of the neighbors had filed opposition to this . Mike McQuerry, owner of the establishment, 2139 Avenue J, replied that everyone he had spoken with had no opposition. Mr. Dave Clark informed that this did not receive neighbor notification as a zoning issue would have . This is a waiver which is beyond the normal Planning & Zoning Commission realm. There was no neighborhood mail out by Planning. 253 Item 7f cont' d. Mr. McQuerry stated that he had been operating there for two and a half years . He said that the name of his business is D&M Deadly Toys and he sells firearms, knives, ammunition, and sporting equipment . Councilor Martin noted that Mr. McQuerry had not had any violations according to the Police Department . Councilor Daniel was concerned that this was a waiver of the law and it is effectively by-passing the neighborhood approval process where we get feed back through the Planning Department . He suggested that the Planning Department do this . Councilor Hawkins commented that if this was approved, Council had the right to revoke this authorization. City Attorney concurred and stated that Council could adopt another resolution and repeal the waiver. Moved by Councilor Johnston to table this until the next Council meeting with instruction to Staff to contact the affected persons in that area. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel, and Hawkins Nays : Councilors Shine and Martin Item 7a ORDINANCE NO, 97-96 AN ORDINANCE WAIVING SECTION 4200 (I) , OF THE ZONING ORDINANCE GOVERNING THE PLACEMENT OF CARPORT IN THE FRONT SETBACK AREA AT 2908 BOREN AVENUE; 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. 97-96 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 254 Item 7h ORDINANCE NO, 98-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF BARNETT ROAD, ADJACENT TO THE WEST LINE OF LOTS 1-A AND 1-B, TURTLE CREEK ESTATES Moved by Councilor Hawkins that Ordinance No. 98-96 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 7i ORDINANCE NO, 99-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF BARNETT ROAD ADJACENT TO THE WEST LINE OF :. LOTS 1-A AND 1-B, TURTLE CREEK ESTATES Moved by Councilor Shine that Ordinance No. 99-96 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 7j A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing a sidewalk on the east side of Barnett Road adjacent to the west line of Lots 2 through 10 , of Block 10 and lot 47 of Block 1, Summerfield Estates, Section 5-C and the northwest side of Lakeshore Drive adjacent to the southeast line of Lots 43 , 44 , and 58, Block 1, Summerfield Estates, Section 5-C. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Shine . 255 Item 7j cont' d. Mr. Dave Clark commented that this is one of the instances where Code changes are needed. The developer is requesting the waiver but it is the responsibility of the property owner to put in the sidewalk. This is an incorrect way of doing things and urged the Council to consider changing this in the very near future . The ultimate enforcement is to deny the property owner a certificate of occupancy or deny them water. City Manager stated that another alternative that he would like to see the City study is that when the subdivisions are approved that those improvements be bonded or deposit posted. So that if that sidewalk is not put in at the time the subdivision is substantially completed the City will put it in. Motion failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 7k ORDINANCE NO, 100-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF BARNETT ROAD ADJACENT TO THE WEST LINE OF LOTS 2 THROUGH 10, BLOCK 10 AND LOT 57 OF BLOCK 1, SUMMERFIELD ESTATES, SECTION 5-C AND THE NORTHWEST SIDE OF LAKESHORE DRIVE ADJACENT TO THE SOUTHEAST LINE OF LOTS 43 , 44 , AND 58, BLOCK 1, SUMMERFIELD ESTATES, SECTION 5-C Moved by Councilor Thompson that Ordinance No. 100-96 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 71 ORDINANCE NO, 101-96 AN ORDINANCE AMENDING APPENDIX C, ZONING ORDINANCE, SECTION 6226, SUBSECTIONS A & C, AS IT RELATES TO HANDICAP PARKING; 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. 101-96 be passed. 256 Item 71 cont' d. 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, 102-96 AN ORDINANCE REZONING LOT 3B, K-MART ADDITION, 4718 K- MART DRIVE, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY RESIDENTIAL TO LIMITED COMMERCIAL (CASE R 96-07) ; 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. 102-96 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 7n ORDINANCE NO, 103-96 AN ORDINANCE REZONING 1620 MIDWESTERN PARKWAY, 4 .4 ACRES OUT OF BLOCK A, MCGREGOR-COUPER SUBDIVISION, WICHITA FALLS, TEXAS, FROM HEAVY COMMERCIAL TO MULTIFAMILY RESIDENTIAL (CASE R 96-06) ; 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. 103-96 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 257 Item 7o ORDINANCE NO, 104-96 AN ORDINANCE REZONING 30 ACRES OUT OF CHEROKEE COUNTY SCHOOL LANDS, BLOCK 3 , WICHITA FALLS, TEXAS, FROM HEAVY COMMERCIAL TO GENERAL COMMERCIAL (CASE R 96-05) ; 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. 104-96 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 7p ORDINANCE NO. 105-96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROPRIATING $24 , 070 IN FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE EMERGENCY MANAGEMENT ASSISTANCE PROGRAM; 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. 105-96 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 7q ORDINANCE NO, 106-96 ORDINANCE MAKING AN APPROPRIATION IN THE HE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Thompson that Ordinance No. 106-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . 258 Item 7q cont' d. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7r ORDINANCE NO, 107-96 ORDINANCE AMENDING SECTION IV OF ORDINANCE NO. 1631, INCREASING THE RATE OF FARE TO BE CHARGED BY TAXICABS Moved by Councilor Shine that Ordinance No. 107-96 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 8a PW RESOLUTION NO, 85-96 WAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ABANDONING A UTILITY EASEMENT IN BLOCK 13 OF BURLINGTON CALLFIELD INDUSTRIAL DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 84-96 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 259 Item 8b RESOLUTION NO, 86-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DECLARING A MORATORIUM FOR 120 DAYS ON THE ISSUANCE OF PERMITS FOR OFF-PREMISE ADVERTISING SIGNS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 85-96 be passed. Motion seconded by Councilor Martin. Johnny Burns, 4934 Whispering Wind, General Manager of Lamar Outdoor Advertising, requested that people in this type of industry be allowed to have input in the process of writing a new ordinance, if there is to be a new ordinance . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8c RESOLUTION N0, 87-96 A RESOLUTION AUTHORIZING THE SALE OF WATER BY DEAN DALE WATER SUPPLY CORPORATION TO THE LONE OAK RIDGE SUBDIVISION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 86-96 be passed. Motion seconded by Councilor Thompson. Councilor Martin was concerned that water would be supplied to a subdivision that does not meet our City requirements . Mr. Clark informed that this resolution addresses the City' s contractual agreement with Dean Dale Water District under which they are required to obtain permission from the City of Wichita Falls in order to sell water in the ETJ. The reason for the provision is to insure that we are not encouraging non contiguous growth by having a much lower cost with much lower services in a non contiguous area. The question is if Council wants to encourage non-contiguous growth. Moved by Councilor Martin to table this item until next Council meeting to see if there are any developments on the annexation by the City of Dean. 260 Item 8c cont' d. Mr. Richard Boyd, developer, stated that they intended to ask City of Dean to annex this property. Councilor Martin wanted reassurance that if City of Dean did not annex this property that they would meet City of Wichita Falls standards . Mayor stated that the motion to table died for a lack of a second. Councilor Martin withdrew his motion if the developer was going to meet City standards in installation of water lines . Mr. Bonnett suggested that if Council adopts this Resolution a provision be passed that the water design by the developer be submitted to Public Works for review and approval and inspection prior to installation. Moved by Councilor Martin to amend the original motion by including a proviso that the water design be submitted to Public Works for their approval . Motion seconded by Councilor Thompson. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None I Item 8d rr� RESOLUTION NO. 88-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING CHANGES TO THE CITY' S FIRST HOME BUYER PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 87-96 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 4. Item 8e RESOLUTION NO, 89-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE PROPOSED USE OF FUNDS UNDER THE CONSOLIDATED PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 261 Item 8e cont' d. Moved by Councilor Johnston that Resolution 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 8f RESOLUTION N0, 90-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING CHANGES TO THE CITY' S OWNER-OCCUPIED REHABILITATION PROGRAM; 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 89-96 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 8a RESOLUTION NO, 91-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE COMMERCIAL LEASE FOR THE FISHING BARGE AT LAKE KICKAPOO; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 90-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 262 Item 8h RESOLUTION NO, 92-96 RESOLUTION ACCEPTING THE EXHIBIT HALL ELECTRICAL CONSTRUCTION PROJECT OF THE MULTI-PURPOSE EVENTS CENTER PROJECT BY ACE ELECTRIC CO. , INC. AS COMPLETE Moved by Councilor Johnston that Resolution No. 91-96 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 8i RESOLUTION NO, 93-96 RESOLUTION ACCEPTING THE EXHIBIT HALL MECHANICAL AND PLUMBING PROJECT OF THE MULTI-PURPOSE EVENTS CENTER PROJECT BY PALCO MECHANICAL CONTRACTORS, INC. AS COMPLETE Moved by Councilor Thompson that Resolution NO. 92-96 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 City Council recessed at 10 : 30 a.m. and reconvened at 10 :44 a.m. Item 9a Moved by Councilor Martin to award bid to SCT Government Systems in the amount of $926, 384 for the replacement of financial application software, related hardware, and implementation services . Motion seconded by Councilor Shine . Mr. Jim Dockery explained the process they used to arrive at the conclusion in recommending SCT Governments Systems . He informed that we have two projects underway, and the one being considered today is the financial application system software 263 Item 9a cont'- . and some related hardware . The other portion will be brought before the Council within the month. At that time the selection hardware and networking vendor will be considered. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9b Moved by Councilor Martin to award bid to Moore Uniform of Wichita Falls in the total amount of $34 , 280 . 00 for police uniforms . Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Councilor Daniel gave a follow-up on the status of the Library. He asked that this be received as a report to be considered by the Council for consideration and recommendation by Council at our next Council meeting. The Council authorized the Architects to go into the schematic design phase . The schematic design is finished and project cost has been fine tuned and presented to the sub- committee . They are here today to present that to the Council . Dick Bundy, introduced David Potter, and Ron Fox of Bundy, Young, Sims & Potter. The schematic design floor plan was presented by Mr. Bundy. Comparatively program wise we are talking about 66000 square feet . The floor plan consists of 45000 square feet on the first floor and 14000 square feet on the second floor where we plan to put genealogy. In order to know that the facility would accommodate 250, 000 volumes we planned the ultimate development of this facility. Mr. Bundy went over the first and second floor plans . On the first floor existing lobby we anticipate building a portico over the entrance to highlight the entrance into the building. The main bulk is basically open for flexibility and the perimeter is the administrative areas . There are small meeting rooms . This is a full sprinkler building. The front entrance is not in need of a fire exit at this point . Parking for the Library will be in front of the building and the north parking for the second floor. The existing public toilets will be modified to meet ADA requirements, and children' s toilets will be added. 264 Item 9b cont' d. On the second floor two elevators will be taken and converted into one accessible elevator and the same thing will be done in the north lobby. The toilets will also be upgraded for ADA. The genealogy area will be 6800 square feet and will need some minor demolition and reconstruction of walls, ceilings, and painting. There will be several service and meeting areas . There are two training/meeting rooms and one large meeting area which will require painting and cleaning only. If genealogy expands, this area can be doubled. The book shelving is spread out for the approximate 80 lbs . per square foot . We figured in the design 66 inch high shelving which can be expanded to 84 inches high, if needed. The 66 inches will hold 195, 000 volumes; at 84 inches the shelving will accommodate 250, 000 volumes . A slide presentation of the existing Activity Center and the surrounding areas was shown. Mr. Bundy went over the site plans . We propose to reduce the amount of hard service in the parking lot by adding a proposed portico and landscaping and a 90 degree parking, and possibly making llth Street a two way for access to the building. The book drop would be on Ohio Street . Also, the landscape would be softened around the building. The exterior plans would have classical lines and create natural light from the exterior to the interior. The elevators would be covered with brick. Councilor Daniel stated that we have a well developed project and the architect is ready to enter into the working drawing phase and subsequent to that the bidding process . We have looked at the funding and figure we have about $2 million to apply to this project, which leaves us $1 . 8 million short of funding this project . $2 . 6 million in construction costs and $1 . 2 million in fixtures, computer systems, and equipment, and the last increment would be due to architect and engineering fees . Council needs to decide how and to what extent to fund this . We have two weeks before this will be placed on the agenda for the actual funding decision. Mr. Bundy informed that the cost for the mansard roof is $100, 000 . Councilor Hawkins asked that the following information be provided. If we borrow the $1 . 8 million from our equity, what would be a reasonable time to pay that back and how much would taxes have to be raised? What size staff would be needed to run and maintain this size building? Can we continue to use hotel motel tax to fund the Activity Center as we have in the past? Mayor asked for information on plans to bring the number of volumes recommended to the levels recommended for a city our size . Also, when we get to that level is it satisfying the levels of today and not the levels that would be required of what the population of Wichita Falls would be in the ten years that it would take to get to that . Councilor Martin suggested enhancing the number of volumes by adopting some citizen committee for citizen participation to make contributions to the library. Councilor Hawkins asked City Manager to inform where the $2 million came from that is available for this project . 265 Item 9b cont' d. Mayor commented that this is a challenge to the Council and the citizens of our community to do something that would be a tremendous enhancement to the quality of life in an area that has been set aside . It behooves us to consider this very seriously and in a very united way to move forward on this . Item 10a Mayor Yeager stated that one of the outcomes of the retreat was to look at Rules and Procedures Resolution. One of the items was the five minute time limit provision, and it was a consensus of the Council to enforce the five minute provision in the Council meetings . Also, as a part of that, citizens are to address the concerns to the Mayor and not to an individual Councilor. William C. Young, 1018 Widows Lane, urged Council not to mess with the public addressing the Council . The Council should answer the public if they can legally. Mayor clarified that this was of utmost concern to the Council and we are very sensitive to the input of the citizens and public and in no way want to impede that process . Sue Ann O' Shea, 1080 W. Wenonah, complained that she had followed direction in regards to the flowers that were removed from her property and she did not know what else to do. Mayor informed that there are appropriate procedures to handle this and asked for a report from Staff at the next council meeting on how this had been handled. City Manager informed that Staff was ready with a report today. Mrs . Stricklin reported that a claim was received from Mrs . O' Shea on June 18, in which she asked for monetary award. As a matter of policy Mrs . O' Shea was asked to provide an estimate . The investigation was done and the before and after pictures of the work done on the property were taken. Mrs . O' Shea was called to remove the flowers from the City easement . They were not removed and she was called and told that the City would remove them. The flowers were moved out of courtesy and put by the house . Mrs . O' Shea' s request for $746 . 56 to replace her flowers was denied due to the fact that the City did not damage the flowers . Mrs . O' Shea stated that she was not asked to move the flowers only where the flowers should be put . Mrs . Stricklin stated that this was the information on the Risk Management report . City Attorney informed that according to the Tort' s Claims Act this is a personal property claim, therefore, the City does not have any liability exposure so Risk Management properly denied the claim. Mrs . O' Shea is requesting that Council waive our immunity under the Torts Claims Act and authorize some kind of claim and I do not recommend that . Councilor Thompson suggested that the City Manager be directed to get with Staff and Mrs . O' Shea to solve this and if they cannot solve it to bring it back to the Council . 266 Item 10a cont' d. Councilor Johnston said that we should have turned this over to the Staff and let them handle it, which was what was decided at Council retreat . Item 10b Councilor Martin stated that Council is showing an effort to work with the citizens and hope to continue that . Councilor Daniel asked the citizens not to risk the large investments in homes and businesses for a few moments of fun with firecrackers . It is not wise at this dry time . We need to make that commitment on an individual family basis . Councilor Hawkins expressed appreciation to TXDOT for their work at Fairfax and Burk Road. He asked Mr. Bonnett to look at the possibility of expanding that and maybe get a turn lane there . Councilor Thompson asked that Staff review the railroad crossings at 13th and 14th Streets . Also, he asked about the possibility of improving the downtown Muehlberger building and asked Staff to look into that . Lastly, he asked for consideration of street lights on Harding Street and sidewalks where the Eastide Baptist Church is located. Mayor Yeager commented on the Council retreat and informed that a report will be received from the facilitator which the Council will look over to refine some details which they may wish to change before its adoption. We made great strides in the retreat and came away with more to do than what we went in with. Some of the items which Council will be looking into are to have a Charter Review Committee, recycling, landfill, and trash. Council will look at certain issues in the form of Council worksessions, and will take an in-depth look at the boards and commissions that serve the City. Also, Council will continue to look at Council procedures . All of us came away with a renewed sense of dedication to our community and serving our City, and we are ready to move forward. Item 10c Mr. Bonnett informed that we have received Section 205 approval for the Plum Creek facility. We will bring a project cooperation agreement to Council in the future . Item 10d Moved by Councilor Martin to defer the consideration of appointments to the MHMR Board of Trustees until next meeting. Motion seconded by Mayor Yeager and carried by the following vote . 267 Item lod cont' d. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Mayor informed that one important change that was a result of the retreat that will commence at the next meeting is the replacement of Staff/Council discussion with presentation of reports from various staff members . This is an excellent education opportunity for the Council and for the public . City Council adjourned at 12 : 10 p.m. PASSED AND APPROVED this n day of 19c . G M A Y O R ATTEST: I j City Clerk i�����ir +Iwi�lli xs