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Min 04/01/1997 475 Wichita Falls, Texas Memorial Auditorium Building April 1, 1997 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8 : 30 o' clock a.m. , with the following members present : Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Rev. Richard Arndt, Our Lady Queen of Peace Catholic Church. City Clerk Lydia Torres administered the oath of office to the new Chief of Police Jack E. Schlieper. Mayor Yeager proclaimed the month of April, 1997 as "Child Abuse Prevention Month" in Wichita Falls . Children from the Head-Start Program entertained with a song. Mayor expressed appreciation to all those who worked with these organizations in helping these children. Mayor Yeager proclaimed that Patsy Baggett was the first recipient of the "Patsy Baggett Children' s Service Award" for outstanding service to the abused and neglected children of Wichita County. Mayor Yeager proclaimed April 11-13 , 1997 as "Special Olympics Weekend" in Wichita Falls . Mayor encouraged everyone to participate as volunteers or participants . Mayor Yeager proclaimed April, 1997 as "Youth Alcohol Awareness Month in Wichita Falls" , and encouraged all businesses and individuals alike to promote the awareness of the problems associated with illegal underage use of alcohol in Texas . Mayor Yeager proclaimed March 31-April 4 , 1997 as "Older Worker Week" in Wichita Falls, and expressed appreciation to the older workers for their contributions in our community. 476 Items l f 2 cont ' r7 Mayor Yeager proclaimed the month of April, 1997 as "Sexual Assault Awareness Month" in Wichita Falls . Mayor expressed appreciation to all the agencies and their volunteers involved in this very important program. Item 3 Paul Hughes, 2503 San Simeon, gave the Infrastructure Committee' s input on the Sales Tax Board. They strongly ' recommended that the Board of Directors not include Council members or City Staff . Lennie Fowler, Iowa Park, Texas and O.D. Skinner, Jr. , 704 E. Scott were informed by the Mayor that their items of concern could be addressed at the time they came up on the Agenda. Vernal Huffines, 4714 Tortuga Trail, representative for Mathis, West, & Huffines, presented the Comprehensive Annual Financial Report for the fiscal year ending September 30, 1996 . Mr. Huffines informed that the City had received a Certificate of Achievement for Excellence in Finance Reporting for the Comprehensive Annual Financial Report FY September 30, 1995 . He informed that only 4i of the governmental entities in this Country achieve this award. He reviewed several sections of the Report with the Council . He touched on the Financial Section and informed that we have $15-16 million increase in cash in the City, of which $11 million was the Water and Sewer Revenue Bond issue . We had an operating income of $6 million from the Water and Sewer Funds . There are problems in the sewer area which need to be addressed. Mr. Huffines commented on the Liability and Fund Balances and Other Credits . The Total Fund Equity is up to $8 million which is primarily due to the increase of receipts and revenues over expenditures and expenses . Revenues and Expenditures were reviewed and Mr. Huffines explained that the Enterprise type fund is where we made our money this year. He pointed that in General Fund we had an excess of revenues and expenditures of $542, 000; and we budgeted to spend $5 . 9 million more than we took in but we went the other way so we had a favorable variance of $6 .4 million. The General Fund has had to fund all capital improvements and we had salary adjustments for the fire fighters and other ` employees; however, we still had a surplus for the year. Operating Revenue did increase a couple of million dollars due to a 60-. increase in sewer rates . Operating expenses were consistent due to the reduced interest costs because of a bond refinancing and increased federal grants and other items . We had a $3 million increase in the City' s Enterprise Fund. We are required to have, for bond coverage, over $3 million in excess revenues of net income in those funds . 477 Item 3 cont ' d. Mr. Huffines explained the graph section in the report . Cash and Short Term Investment has increased since 1994 which was mostly due to the money raised for the water and sewer improvements . General obligations Payable has decreased while revenue bonds increased. General Fund Equity increased for the year, with the biggest part in the reserve/designated. $3 million of the reserve are designated funds . That is basically designated for future uninsured losses . The rest is designated as a reserve for capital improvement programs . Tax collections have continued to go up as has our assessed values . The City had a good financial year and can be commended for being responsive to the needs of the citizens during this period of growth while still maintaining a healthy financial year. Councilor Shine asked the reason for the report being late and Mr. Huffines responded that he was not sure of all the reasons . However, there has been a reorganization of the Finance Department, the installation of new computer systems, and in our opinion the Department is understaffed. Also, the change in the Director of Finance and the associated changes could be another reason. Councilor Shine asked if the Council should spend more money in accounting. Mr. Huffines replied that since the City lost the tax collection function we have been short handed in that area and we have lost that stream of revenue and the Finance Department lost quite a few of its people and, in my opinion, they have been understaffed since that time . Councilor Shine asked how Council could be assured that the outside auditor' s recommendations are adhered, and asked if there was an internal audit of this . Mr. Huffines replied that they do not have a process at this time; however, they do have meetings with the Finance Director and City Manager at which time several areas concerning accounting procedures were pointed out which need improving. We have been assured that many of those have been addressed or in the process of being addressed. We would like to be involved in monitoring the process of taking care of these items of concern. Finance Department is in the process of hiring another accountant . We are available if the City desires for us to have a more active hand from now until the next audit . City Manager explained that there has been some reorganization and there is still going to be some disruption because of the computer financial change-out; however, that is going to speed up the process . I think that the audit should be done when it is of extreme value and usefulness to the department directors, as well as the Council and myself . I think that is going to have a lot of inherent changes including when we shut the books on buying. I intend to take this audit and report back to the Council possibly during retreat . We will schedule either a meeting or work study to inform Council of the process and status of these situations . Councilor Hawkins mentioned two items which were noted in this report and also in the February 3 , 1995 report . The two items were delinquent bank reconciliation and delinquent personnel files which had not been taken care of . City Manager explained that regarding the personnel files, the W-4 forms were 478 Item 3 cont ' d. changed at two points of entry so they were different in one office from what was at Payroll or Personnel . However, we are tightening up on that . Councilor Daniel suggested the possibility of an outside management consultant during the year to assist the new Finance Director in the reorganization. City Manager stated that as we go further into this and if I feel that is necessary I will come back to the Council . Lee Templar, reporter for Times Record News, stated that generally people are allowed to address the Council without being on the agenda. However, the discussion before the Council is venturing into policy areas . Discussing of possible hiring of personnel and spending expenditures was not listed on the agenda today, and as you are aware the Open Meetings Act requires that items discussing policy must be posted on the agenda three days before a meeting. If Council wishes to venture in this area, I request that you follow the laws outlined. City Manager said that if he sees that there is additional need he will bring it to Council . We will provide a status report in the future Mr. Huffines expressed appreciation for the opportunity to work for the City. Item 4 Lupe Perez, Clinic Health Aid II, Health Department, was honored as Employee of the Month for the month of April . Mayor Yeager presented her with a plaque, City pin, theater and transit tickets, dinner for two and a check. Item 5 The Minutes were approved as presented. Councilor Martin stepped outside the Council Chambers . Items 6a-8c Moved by Councilor Shine that the Consent Agenda be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : None 479 Item 6a RESOLUTION NO 55-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS APPROVING THE SUBMISSION OF AN APPLICATION TO THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) FOR DONATED PROPERTY FOR THE CITY' S URBAN HOMESTEADING PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6b RESOLUTION NO, 56-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE 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 Item 6c RESOLUTION NO, 57-97 RESOLUTION TO ACCEPT THE PB LANE SEWER REPLACEMENT PROJECT AND AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION COMPANY Item 6d RESOLUTION NO, 58-97 RESOLUTION TO ACCEPT THE 1996 ALLEY REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO MCGRATH BROTHERS CONCRETE Item 6e RESOLUTION NO, 59-97 RESOLUTION TO ACCEPT THE 1995/96 CDBG UTILITY PROJECT AND AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION COMPANY Item 7a RESOLUTION NO, 60-97 RESOLUTION TO AWARD BID AND CONTRACT FOR CDBG WILLIAMS PARK TRAIL EXTENSION PROJECT Items 8a-8c Minutes of the meeting of the following boards and commissions were received. a. Board of Adjustment, December 20, 1996 b. Board of Adjustment, February 19, 1997 c . Board of Electrical Examiners, March 13 , 1997 480 Councilor Martin returned to the Council Chambers . Item 9a ORDINANCE NO 34-97 AN ORDINANCE REZONING AN UNPLATTED TRACT OUT OF BLOCKS 6 & 11, J. A. KEMP' S SUBDIVISION OF WILLIAM MAYER " `' SURVEY, A-193 , WICHITA COUNTY, FROM SINGLE FAMILY-2 TO GENERAL COMMERCIAL CONDITIONAL ZONING (GC (c) ) [CASE R 97-021 ; 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. 34-97 be passed. Motion seconded by Councilor Johnston. William C. Young, 1018 Widow' s Lane asked what area of town this was in. Mayor informed that it was west of Barnett Road between Kell Freeway and Seymour Highway. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9b A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing a sidewalk on the north side of Old Iowa Park Road adjacent to the south line of 4108 Old Iowa Park Road. Moved by Councilor Shine that proposed ordinance be passed. Motion seconded by Councilor Johnston. Councilor Hawkins asked how far it was to the nearest sidewalk, fronting Old Iowa Park Road. Mr. Bonnett guessed that it was a long way and that was the best answer he could give since he did not have a measurement . Councilor Hawkins commented that this would be a 225 ft . sidewalk in the middle of nowhere . Mr. Bonnett concurred, but City Ordinance does require that . Lennie Fowler, 405 W. Poe, Iowa Park, Texas, stated that they wanted to place a mobile home on the land and were requesting a waiver for the sidewalk and curbs and gutters before they can place the mobile home there . Motion failed by the following vote . Ayes : Councilors Shine, Thompson, and Hawkins 481 Item 9b cont ' d. Nays : Mayor Yeager, Councilors Johnston, Daniel, and Martin Item 9c ORDINANCE NO, 35-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF OLD IOWA PARK ROAD ADJACENT TO THE SOUTH LINE OF 4108 OLD IOWA PARK ROAD Moved by Councilor Shine that Ordinance No. 35-97 be passed. Motion seconded by Councilor Thompson. Councilor Hawkins was in favor of the waiver because he did not see the need to have a curb and gutter with no other curb and gutter near it . Councilor Daniel understood the need to have a sidewalk, for safety, but he wanted to know the importance of having a curb and gutter. Mr. Bonnett explained that curb and gutter is necessary to convey drainage and to control traffic access . Councilor Shine was concerned that there is no curb and gutter within two miles and did not feel it would be fair to require curb and gutter. If there was a plan to develop the area he could see the need for it . Councilor Johnston agreed and felt it would be an undue burden to the property owners . Mr. Bonnett stated that it is always a problem when a curb and gutter is required for an isolated site . Without question installation of curb and gutter in an isolated site will not fulfill drainage requirement . There is no clear cut answer. Our recommendation will always be that we adhere to City ordinance and it is up to Council to make the determination of whether to vary from that ordinance . If it can be done, we will recommend to adhere to the ordinance or change the ordinance if Council deems it appropriate . Councilor Shine stated that without a plan to do anything to that road I think we are doing a disservice to the people on that road. Councilor Daniel commented that we never know when any particular area of town is going to develop at a rapid rate . Additional comments were made regarding the justification of requiring curb and gutter in this location. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : Councilor Martin 482 Item 9d A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to pacing a sidewalk on the east side of Arena Road (F.M. 369) adjacent to the west line of Lot 2 , Block 51, Mesa Irrigated Farms . Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Thompson. Councilor Hawkins asked if there were any other sidewalks in the area . Mr. Bonnett informed that the closest would be in the F.M. 369 area. Martin Litteken, Biggs & Matthews, engineers involved in this property, stated that it is several thousand feet to the north of the intersection of Kell and F.M. 369 . In this particular area there have not been any sidewalks put in with the exception of a convenience store at the intersection of Kell and F.M. 369 . Mr. O. D. Skinner is the potential buyer of that property and Mr. Dean Caldwell is the owner. Mr. Litteken provided the dimensions of the lot and mentioned that it had a 100 ft . frontage . Councilor Hawkins asked about the true elevation for a sidewalk if no curb and gutter was put in. Mr. Litteken stated that you can make the sidewalk follow the existing ground. Mr. Bonnett commented that the sidewalk can be set one foot off the property line and match the grade out there . There is no way that the curb should ever be set above the abutting property. kto O.D. Skinner, Jr. , 704 E . Scott, stated that the nearest sidewalk is one mile from this location. In order to put in sidewalk you will need to go over un-developed land and it is just for my own use . Dean Caldwell, 219 Wyneth Drive, stated that he was aggravated and mad. He said that if the City was persistent in requiring a sidewalk I will have to meet in private session with the Council to open a can of worms . There are some properties that will have to be moved, by law. This is not a threat, but if you allow the waiver I will drop the issue and sell the property. Mr. Seese said that he would have to look at the map to determine the zoning out there . He did not understand Mr. Caldwell' s issue . Mr. Caldwell explained his comments in that this was WIT brought in to the City limits to provide water in 1940 . There are two fire hydrants out there and several water boxes, one being in the right-of-way. Hardy L. Gage owned the surrounding acreage and had this area zoned heavy commercial . There are two metal buildings between Seymour Hwy. and S .H. 287 and it is zoned heavy commercial and I have paid heavy commercial taxes on my residence . He questioned why he had to pay heavy commercial taxes when his residence was located there . I have a metal building there and I want to put a mobile home in there and live in it, but Planing told me I would be fined $200/day because it is zoned heavy commercial and they will not sell me a water meter. He stated that there were two double wide trailers due 483 Item 9d cont ' d. south of his property which is zoned heavy commercial, and he wants to know how this could be when he was not allowed to put one on his property. Mr. Seese stated that the area is zoned heavy commercial . The taxes are an Appraisal District issue . The mobile home issue is a Code Enforcement issue, and the water meter request would have been denied in a heavy commercial zone . His recourse would be to come before the Council to request a water meter, but we have not heard from him. I am not aware of the double wide and will have to look into that and report back to the Council . City Manager questioned what this had to do with the requirement of a sidewalk. Mr. Caldwell asked that Council be impartial and to treat everyone alike . Councilor Hawkins asked if Council waived the sidewalk provision for the people that live in the ETJ area. Mr. Seese replied that he would have to check the records . Moved by Councilor Hawkins that this be tabled until next Council meeting in order to have these questions answered and to check this out . Motion seconded by Councilor Martin. Mr. Caldwell commented that part of the property out there is in the City limits; however the homes were built outside the City limits in order to avoid taxes . Councilor Hawkins stated that his concern was whether waivers had been granted for sidewalks and curb and gutter. George Witherspoon, 2944 McGaha, clarified that the City was involved solely to provide water in that area and the sewer line was brought in by property owner. Mayor asked for an amendment to Councilor Hawkins, motion to clarify exactly what was being requested of Staff . Councilor Hawkins clarified that he wanted Staff to provide a map showing the City limits, any development in the area and whether there were any waivers on curbs and gutters and sidewalks . Councilor Daniel requested that Council have a short worksession on reviewing this ordinance as to why it was instituted as it is . Also, to avoid and influx of waivers, that Staff discuss what areas of the City are developing. Councilor Johnston explained that sidewalks and curbs and gutters were two different issues and should be addressed separately as we have done in the waivers . Mayor suggested that this discussion be held at the next Council meeting prior to discussing this waiver. Motion carried by the following vote . 484 Item 9d cont ' d. Ayes : Mayor Yeager, Councilors Thompson, Daniel, Martin, and Hawkins Nays : Councilors Johnston and Shine Item 9e = ORDINANCE NO, 36-97 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 ARENA ROAD (FM HIGHWAY 369) ADJACENT TO THE WEST LINE OF LOT 2 , BLOCK 51, MESA IRRIGATED FARMS Moved by Councilor Shine that Ordinance No. 36-97 be passed. Motion seconded by Councilor Hawkins . Moved by Councilor Johnston to table this item since we tabled the other waiver. Motion seconded by Councilor Thompson. Councilor Shine disagreed and felt that we should take care , of this item. Councilor Johnston felt we should have the discussion before we take action on any more waivers . Motion failed by the following vote . Ayes : Councilors Johnston, Thompson and Martin Nays : Mayor Yeager, Councilors Shine, Daniel, and Hawkins Motion on the original motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Having taken this action, Councilor Daniel asked if the waiver request for Old Iowa Park Road should be re-considered. Moved by Councilor Daniel that Item 9b be reconsidered at the next Council meeting. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 485 Item 10a RESOLUTION NO, 61-97 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF RIGHT-OF-WAY FOR THE CALL FIELD ROAD WIDENING PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Daniel that Resolution No. 61-97 be passed. Motion seconded by Councilor Martin. Councilor Johnston stated for the record that he would abstain from voting and discussing this item. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Abstentions : Councilor Johnston Item 10b RESOLUTION NO, 62-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA COUNTY AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH FLEETWOOD HOMES OF TEXAS, INC. , GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN (7) YEARS; 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. 62-97 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 Council recessed at 10 : 35 a.m. and reconvened at 10 : 50 a.m. 486 Item lla Councilor Thompson welcomed Mr. Bob Parker back from surgery and wished him a speedy recovery. Councilor Thompson expressed appreciation to the Traffic Department for replacing lights at William and Roosevelt Streets . He reminded Council of the annual CAC banquet on April 21 . Councilor Thompson expressed appreciation to all his friends . Councilor Shine mentioned that the new positive things happening in the City reminded him of spring and he was looking forward to it . Councilor Martin reminded everyone to change their clocks this weekend. He suggested that a task review force on subdivisions be considered comprised of staff, builders and some Council members . Also, we need to take another look at Kickapoo Airport for industrial development . Councilor Hawkins asked that the irrigation system on the median at Missile Road and 240 be checked. Also, he asked Mr. Parker to check the timing at 240 and Missile Road. Councilor Johnston asked about persons standing on the median advertising for car washes, this is a safety problem and needs to be checked for control . He asked that the possibility of sub-titles for the hearing impaired be checked for Council meetings . MW Councilor Daniel congratulated Barbara Clements on her appointment as Director of Health Department . He informed that the Library Construction Project is underway. Councilor Daniel mentioned Mr. Templar' s concern regarding Council acting properly in public session, and asked City Attorney for his opinion. City Attorney stated that when the discussion got to the point of wanting to consider changes in the Finance Department such as adding additional personnel, it was getting beyond the scope of Open Meetings Act; however, you can receive reports but not take any action. Because the Audit Report is such an important item, a better policy should have been to have it on the agenda. Mayor Yeager welcomed Mr. Bob Parker back and welcomed Chief Schlieper as our new Police Chief . Mayor asked that we be more alert of children out playing in the streets, as well as skaters and walkers . Mayor mentioned their participation with BCI in the Wichita Falls Days in Austin which, hopefully, was successful in showcasing our City to the legislators in Austin. Item 11b (1) City Manager provided a brief background on the request from Tambra Crumpler for sewer service to a four-plex or two four-plexes being constructed just outside the City limits, which raised the whole issue of sewer service . Mr. Bonnett is going to give a presentation on what is involved. 487 Item 11b (1) cont ' d. Mr. Bonnett went over some key elements which were on a memo that was provided to Council earlier. He stated that it was a philosophical discussion because it is going to govern how we think our way though the next 25-50 years . A singular decision does not reverse how you proceed, but in the aggregate it can change how the city develops and the ramifications for our children are going to be in that development . He went into specifics of sanitary sewer drainage patterns . He explained the Tanglewood sanitary drainage area. In terms of planning, sanitary sewage chases the natural basin drainage. Lift Station 47, which is in Tanglewood, serves 922 acres, and it does have reserve capacity at this time . However, this is a two year flow and you do not want to build sanitary sewers on a two year return event . Lift Station 15 is located on Beverly, south of Iowa Park Road, and is set up with a full developed flow. The design matches actual capacity of contributing basin to handle the flow. Mr. Bonnett suggested that it is desirable to keep the sanitary sewage flow within a basin unless you know you have significant reserve capacity in another area. You have to do it with long term planning and where we get in trouble is not thinking through the developmental aspects of our sanitary sewage system as the community develops . Areas develop and we look at this from a 50 year perspective where a property owner looks at it from a twenty minute perspective, and there is a natural tension between the two. He related the specifics of the issue at hand and informed that the Turtle Creek Plat, Lots 1-9 were filed for record by Ms . Crumpler' s parents in 1994 . There are small lots platted on Turtle Creek Road and one 50 acre lot called Lot 5 . When this was platted there was concern by Public Works regarding the sanitary sewage for the area but flexibility was exhibited. The owners were sent a letter informing them that we felt it was shaky to use septic tanks for sewer in that area. If council considers any changes on Lot 5 we will have to consider moving a sanitary sewer to the area, getting it served. Prior to the 1996 Sanitary Sewer Evaluation Study, we had always, in concept, planned to sewer this area: Kell, F.M. 369, and Barnett Road. We had planned the sanitary sewer area for this entire area and we had always planned to take it into the Tanglewood system via a very deep sanitary sewer, which would be very expensive . We would bring it around the hook, referred to as the Hook Sanitary Sewer Trunk Line which would serve the Channel 3 area . However, it was going into Lift Station 14 and 47, the two areas that are at capacity. Through the SSES we discovered that there was not sufficient capacity in the lift station, force main nor Iowa Park Road or down to the plant . one of the things we are looking at is the need for another sanitary sewage treatment plant . We believe we will construct it as shown and instead of taking it to Lift Station 47, we will take it over to a new treatment plant . This would be about two years out . When we sent the letter to the developers we anticipated that the hook line would have to be extended before they could go in to that large Lot 5 . However, we noticed that 47 would be at capacity if we reserve that capacity for those folks . You can give up that capacity but at some point you will have to 488 Item 11b (1) cont ' d. tell property owners at the Tanglewood basin that there is no more room and they cannot develop or we will have to identify funds to enhance the capability to move the sewage out of there . The current proposal is to combine lots 1 and 2 and picking up a part of lot 5 and putting in a multi-family development, and their request is to allow a private lift station to be constructed there, pump sewage through a right of way to a current sanitary sewer which is a part of the Tanglewood Basin. We believe the issue is how do you want to handle future development . We told the developer that the right way to do this is to come in and construct a lift station, to TNRCC requirements, and that the trunk line be built at a location to serve the 50 acres . We recommend that the lift station have a finite life span as the area develops . In summary, the developer would like to construct a small private pump lift station over the divide and run longitudinally in a public right of way, and that is one thing we would recommend never to do. It is a real problem to manage the utilities in a public right of way; it is a significant problem getting private lines in there and makes it almost unmanageable . We require that the line always be extended to the limit of the property in question and then the service line be run to it . If a decision is made to allow the private lift station toward this basin we recommend that this trunk be extended and never run longitudinally. There is an option of extending the sanitary sewer. However, what we think should be done is to set a lift WWI station, pump backwards and allow it the lift station to die as the options are exercised and that major developer goes with the overall area. He reiterated that there is capacity in that lift station if we do not consider future development . It is philosophical but you do have a property owner wanting a short term affect . We are coming at it from a long term planning perspective as to how we think you should encourage development to occur. It is easy to be expedient but difficult to consider the long term ramifications . Councilor Shine asked if this was his plan for the annexation plan. Mr. Bonnett replied that it was a part of the plan. Item 11b (2) A discussion on front yard parking ordinance was held. City Manager informed that Council had passed an ordinance which prescribed no parking in the front yards except on improved surface . The question is what constitutes improved surface and does Council want a broader definition. Councilor Hawkins informed that this was brought to his attention by a person who lives in an area of town where the average home is under $20, 000 . When he bought his house he had sufficient parking because he could park in front of his house . Emergency situations required to close parking on the side of the street where fire hydrants are located. This created a parking problem for the property owner. This is an old subdivision and it is doubtful that many if any had cars when it 489 Item 11b (2) cont ' d. was developed. Some people can ill afford to have paved parking in front of their house . This person did place an improved parking area in front of his house but it did not include blacktop or concrete, it is rock. Many of the other driveways in that area are gravel . In 1993 when I brought this ordinance to the Council I did not have the vision at that time to say that there are certain areas of our town where we need strictly improved parking meaning gravel, shad or whatever, and in other areas we need to require parking similar something to what the construction of the driveway is . If the area has gravel driveways they should be allowed gravel parking in front of their house . Mr. Steve Seese explained that they looked at this issue to identify what the primary surface was . He showed pictures of different homes with different types of driveways and parking areas in the same neighborhood. Our problem is trying to re- write the ordinance to state whatever is customary and typical in a neighborhood because as the pictures reflect you can find three or four different surfaces in one neighborhood. It is an impossible task. We have been looking at some recent code violation complaints . Keep in mind that the ordinance states that unless it recognizes the primary drive surface for the house . Mr. Seese showed a home with a drive on the side but used the front yard for parking. Another situation is a drive surface with concrete runners where the sidewalk and the front yard are used for parking. This is going on all over the City. We had 500 complaints in one year. 25% of the complaints are from the Police Department and 40% from the citizens . Code enforcement officers work with these people to resolve these issues and most of them are resolved. The no-responders end up in Court . We do not do selective enforcement . Now that you have seen our problem in staff administering something that would allow for a typical paving surface, I would like to ask Council for some direction. Councilor Hawkins commented that he brought up the possibility of allowing persons in the areas where homes are less expensive to have improved parking in their front yard that is typical of some of the driveways in the areas . I am not asking that people be allowed to park on the grass . I did not catch that the original ordinance stated paved and not improved. Mr. Seese stated that he doubts the City Attorney would sign such an ordinance because what you are talking about is exclusionary. City Attorney stated that there is not any creative wording which could be used. Where do you draw the line between one area of town where you have relaxed standards and another area of town where you have more stringent standards . In my opinion that subject becomes totally unworkable . Councilor Martin asked if those people are required to obtain a permit when they put in a driveway. Mr. Seese replied that flat work is not a permit requirement . Councilor Martin asked if it would be feasible for these people to obtain a 490 Item llb (2) cont ' d. waiver from Council . Mr. Seese commented that anybody can come before Council to ask for any waiver. Councilor Shine asked if a dirt driveway was legal . Mr. Seese responded that it was not unless it was recognized as the primary drive surface . Primary drive surface can be dirt . Councilor Shine asked if a person put in additional parking does it have to be paved. Mr. Seese replied that if it is additional parking in the front yard beside that area could be dirt . Councilor Shine commented that the point in question is do we want to allow other surfaces other than asphalt and concrete . You would just have to allow gravel as another source . However, you said that a driveway did not have to be gravel, asphalt, or concrete then how can you keep the parking on the property different . If you allow something on a piece of property why do you not allow it for the parking also. Mr. Seese commented that the provision for primary driving area was something Council wanted because of the conditions already discussed. There are areas of town that do not have pavement leading to their houses mainly because they were built in the 1920' s . Councilor Shine asked if that is allowed for the drive what makes them do it for the parking. Mr. Jim King informed that the primary driveway is not a factor in a violation whether paved or not paved. The Ordinance did not contain any language pertaining to the driveway. It is off-street parking but the Ordinance makes no determination if , the driveway needs to paved graveled or dirt . City Manager asked for clarification. If the driveway is in or about to be put in and it does not have to be paved. As long as they park on that driveway, they can park a whole line of cars . The problem I see is that when someone in that line of cars wants out they begin to park anywhere off the driveway. The portion of the Ordinance we are discussing here is for that part once you are off the driveway, then we get into what makes improved parking. The driveway can be anything. Councilor Hawkins stated that the only area where this applies is in the residential, and he did not think this was right . He asked Council to change where it says paved to read improved. Councilor Shine commented that to enforce it you would have to define improved and it will be difficult to enforce. Councilor Shine suggested using gravel as a third option in the Ordinance . Mr. King explained that that is an option, however, there are other dilemmas when you try to make exceptions . He said they will take Council direction and will enforce the Ordinance as it is or as it is revised. We just need direction in how you want us to enforce it . City Manager commented that if gravel is considered, you need to consider the slope of the driveway so that the gravel does not run off on to the street . He suggested some type of borders . Mayor suggested that Community Development look at the Ordinance and the ability to enforce the Ordinance and come back to Council with suggestions to alleviate the problem to which Councilor Hawkins has referred. 491 Item llb (2) cont ' d. Councilor Martin commented that the purpose of the Ordinance was to keep people from parking on the yard and deteriorating the neighborhood. Councilor Daniel stated that we are dealing with two different things . His understanding was that the City did not want people parking in the front yards and before we change the Ordinance we need to look at the intent and make sure we are being true to the intent of that Ordinance . Councilor Johnston stated that there were two different issues being addressed: 1) parking in the front lawn and 2) the type of pavement to be used in the front yards if used for parking. He believed the issue of parking in the front yards should be addressed at another time . Councilor Thompson said that some of those ideas could be blended together, but he did not think that the Council wanted to dilute the Ordinance to the point of allowing people to park in the front lawns; however, the use of different materials could be considered. Mayor directed Staff to look at the original intent of the Ordinance and come back with recommendations to the Council of whether to leave it intact or expand the surface to include the gravel, and the problems that would be commensurate to changing the ordinance and the enforcement problems we would be facing. City Manager mentioned that Council had been provided a memo regarding library fines and the process involved. He explained that there will not be a re-issuing of the same offense in terms of brining them to Court . The offense, once the Judge is through with it, is over with one exception, people who have not completed their past obligations of paying their fines or returning books, are not eligible to use the Library services . Councilor Shine requested that this item be placed on the agenda for discussion. Item 11b (3) Mr. Jim Dockery presented a computer update . $2 million was budgeted which includes two projects : 1) Replacement of the Finance and Administrative Software and 2) Infrastructure Network. Mr. Dockery informed that they would include a recommendation to City Manager in the next budget cycle (1997- 1998 Budget) for the Municipal Court application which has not been purchased. Currently, we are in the process of implementing the Finance System started in October 1996, and expect to go live October 1997 which coordinates with the beginning of our fiscal year. Human Resources System will start in May 1996 and go live in January 1998 . Budget Development will begin January 1998 which will be a three month implementation, and can be used for the 1998-1999 budget . Utility Collection System will begin in 492 Item 11b (3) cont ' d. October, 1997 and will be a year long process . With these four applications there have been a lot of planning and training sessions which will continue until October, 1998 . Mr. Dockery gave Council the different phases of the project and the following expenditure update : Budgeted: $1, 975, 000 $926, 000 Financial and Administrative Project $916, 000 Networking Project $131, 000 Consultants To date we have spent $653 , 000 of the $926 , 000 budgeted for the SCT Financial and Administrative Project . He anticipates to go over budget by $30, 000 on this phase . On the Networking Project we will save around $35, 000 and we also saved on the Consultants . We are close on the budgeted figures and may even save some when it is all complete . Item llb (4) Mr. Bonnett informed that they are kicking off the yard waste program tomorrow. Mr. David Lehfeldt presented information on the yard waste recycling program. He invited everyone to attend the first Spring Clean Wichita Falls at the transfer station this Saturday, 8 : 00 a.m. to 3 : 00 p.m. Item llc The City Council went into Executive Session at 12 : 55 p.m. as authorized by Section 551 . 071 and Section 551 . 074 of the Government Code, and reconvened at 3 :20 p.m. Item lld No appointments were made to the 4A Sales Tax Corporation. Item lle Moved by Councilor Thompson that Randal Poteet, Gary Oatman and Phil Ringman be appointed to serve on the Building Code Board of Adjustments & Appeals . Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None The City Council adjourned at 3 : 21 p.m. 493 PASSED AND APPROVED this day of l ` j 1997 . KATIIRYN A. EAG R MAYOR ATTEST: Lydia Torres City Clerk