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Min 05/20/1997 532 Wichita Falls, Texas Memorial Auditorium Building May 20, 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 Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Ronald Gonzales - Assistant City Clerk Mayor Yeager called the meeting to order. Invocation was given by Reverend Charles Nichols, Southside Baptist Church. Mayor Yeager welcomed several students from Ben Franklin Elementary Student Council and their sponsor, Mrs . Hollis, who were on a tour of the City. Item Mayor Yeager informed Mr. Carlton Black that the item he wanted to address was on the agenda and asked that he reserve his comments until the time it was up for discussion. Larry Brumbelow, 5127 Deer Creek, referred to the proposal to reopen the 1992 Kickapoo Airport study. He informed that residents in that area were against that in the past and continue to be against it, in particular the closing of Hatton Road. They feel the real need is for an on/off ramp to that area. If Council proceeds with this study, residents in that area will vehemently oppose it . Mr. John Christoff, 2414 Berkley, asked Council for an additional five minutes for his presentation on steam engine 304 . Moved by Councilor Shine that an additional five minutes be granted to Mr. Christoff . 533 Item 3 cont ' d. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Mr. Christoff officially announced the successful move of the Fort Worth & Denver Railway Station depot0squarem Rotary Park to the Railroad Museum in the downtown The engine was donated by the railroad to the Rotary Club in 1955, as a result of the efforts of two history conscious citizens, Mr. Rhea Howard and Everett McCullough. Later the title passed to the City of Wichita Falls and after 40 years the Parks Department and the Wichita Falls Railroad Museum planned to move Engine 304 to the museum to be restored and enjoyed by more citizens and visitors who come to Wichita Falls . Mr. Christoff presented a video of the 304 from 1955 to the present . Councilor Thompson arrived at the Council chambers at this time . Mr. Christoff stated that the engine was placed in the museum and it was in the process of being restored. He thanked the Parks Department, Police Department, and Traffic Department for helping them accomplish the move . He also thanked the citizens of Wichita Falls and the T. C. White Foundation who donated money for the move . A professional video will be on sale for $20 . 00 with the proceeds to go towards the restoration of the engine . Mayor Yeager proclaimed the week of May 19-25 , 1997 as "Wireless Safety Week" in Wichita Falls . Item 4 Minutes were approved as distributed. Mayor Yeager mentioned numerous events which happened in the last year of which the City can be proud. These include adoption of the sales tax; obtaining the overpass on Holliday and Broad; the Library Project; acceptance of the Holt Hotel project ; improvements to the golf course and the City' s TV Channel; completion of the Nature Center; Police Department open ° house; appointment of a new Police Chief ; Health Department grants in the areas of diabetes and child safety; progress on intergovernmental agreements; facilitation of five urban homestead houses; membership to Tree City USA; progress in computerizing the City; installation of five new tornado sirens; construction of more trails in the park system; completion of Spudder Park basketball pavilion; the recycling program; improved Council procedures; better communication with staff and each other; long-term goals; and meeting public needs in more positive ways . The Mayor stated that the Council had emphasized 534 their desire to set long-term goals and policies to come up with a five and ten year plan for the future of our community. Items 5-6b Moved by Councilor Johnston that the Consent Agenda be approved. vote .Motion seconded by Councilor and carried by the following Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 5 Bid was awarded to Chemical Lime Company in the amount of $94 , 562 . 00 for the purchase of hydrated lime . Item 6a-6b Minutes of the meetings of the following boards and commissions were received. a. Wichita Falls Traffic Safety Commission, April 2 , 1997 b. Plumbing and Mechanical Board, April 16, 1997 Item 7a A proposed ordinance was presented amending Chapter 1 at Section 1 . 5, concerning general penalties for violations of the Code . Moved by Councilor Daniel that proposed ordinance be approved. Motion seconded by Councilor Johnston. Mayor Yeager asked for a motion to amend the proposed ordinance to reflect an effective date of September 1, 1997 . Moved by Councilor Martin to amend the proposed ordinance to reflect an effective date of September 1, 1997 . Motion seconded by Councilor Johnston. City Attorney informed that the recommendation for the effective date was made to allow time for the re-printing of all the tickets which was going to be done by September 1, 1997 . Councilor Johnston asked for clarification of the proposed ordinance . City Attorney stated that the increase will bring penalties for violating the Code up to or equal to that of State statute . Councilor Thompson expressed a concern in the increase of fines . City Attorney informed that these increases were the 535 Item 7a cont ' d. maximum fines and were within the discretion of the Municipal Judge . Councilor Thompson requested that the Council give more time to discussing this ordinance . He believes that the ordinance gives too much latitude and should be looked at in more detail as to who this will affect . If people are not obeying the law now, he sees the need for this ordinance; however, if they are complying with the ordinance, he doesn' t see the rationale for it unless it is for revenue . City Attorney commented that the reasoning was not to raise additional revenue . There is a need to increase the possible fine structure to address some concerns . Councilor Thompson suggested addressing those concerns in the ordinance . He asked for more details as to what this ordinance is all about . Judge Gillen said that he had a problem with distinguishing between the $500 . 00 and $2 , 000 . 00 fines . In the past it ' s been relatively simple because there are certain ordinances on the books that could go up to $2 , 000 . 00 , such as solicitation to purchase drugs or manifestation of prostitution. These fall under the general penalties ordinance . In certain sections in the Code of Ordinances you will fine specific fines that must be assessed. In the manifestation prostitution ordinance it states that it will be punishable by a fine not to exceed $2 , 000 . 00 , because it is a health violation. One possibility would be to delete the section dealing with $2 , 000 . 00 under Section 1 of the proposed ordinance and later amend specific ordinances to assess the $2 , 000 . 00 fine if that seems appropriate . That way it would take the guess work out of what is a $500 . 00 fine and what is a $2 , 000 . 00 fine . Moved by Councilor Hawkins to table this item until the next council meeting. Motioned seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None ILam 7 ORDINANCE NO 49-97 AN ORDINANCE AMENDING SECTION 6700 , SIGN REGULATIONS OF THE ZONING ORDINANCE; 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. 49-97 be passed. Motion seconded by Councilor Shine . 536 Item 7b cont ' d. Mr. David Clark stated that an internal lighting system is permitted, however, a spot light from an external source shining on these signs is prohibited. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7c A proposed ordinance was presented waiving Section 6210j of the Zoning Ordinance regarding front yard parking. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Hawkins . Carlton Black, 2127 Yale Ave . , spoke in support of this ordinance which affected his property. Mr. Black informed that he had mailed literature to the Council about his reasoning for the waiver. He detailed the installation material procedure in his front yard. He has had no water problems or flooding standing in his front yard as a result of heavy rains . His house was built 28 feet from the front entrance to the curb, closer to the street than most all others on his street . When someone drives up to his front entrance and parks, that doesn ' t leave sufficient room for another vehicle to pull up behind them and park, unless the back of the vehicle is sticking out in the street . However, it does leave sufficient room for him to pull into his approach and pull up into his front yard. He is handicapped and needs access as near his front entrance as possible . He asked that the Council take this matter under serious consideration and grant him the waiver. Councilor Shine asked what the violation was . Mr. Clark replied that the Ordinance requires a paved service which Mr. Black ' s is not . Councilor Shine commented that the only consideration here was with the cost and that is why Mr. Black is asking for a waiver. Councilor Martin has seen Mr. Black ' s residence and it appears to him that the entire front yard was paved or had gravel . He questioned the intent of the Ordinance . Councilor Hawkins asked Mr. Clark if the parking ordinance allows for someone to pave their entire front yard and use it for parking. Mr. Clark replied that it would. Councilor Johnston asked if any notice was sent to the neighbors that the waivers had been requested. Mr. Clark responded that there had not been, but, the original action on this was in response to complaints . We receive approximately 500 complaints a year that we investigate on front yard parking which tells us that citizens are interested in not having vehicles parked in the front yard area. Councilor Johnston 537 Item 7c cont ' d. wanted to know if the complaints were based on a normal passenger vehicle or more like a motor home, boats, or trailers . Mr. Clark stated that they were mostly against personal passenger vehicles that people park on the grass . What the Ordinance states is that if you are in a recognizable driveway area approach, that is legal . It doesn' t matter what the surface is there; when you go beyond that it needs to be outside of the recognized driveway and needs to be a paved surface, either asphalt or concrete . Mr. Black provided pictures of his front yard to the Council . Mayor Yeager commented that since this issue first came up they have looked at revising the Ordinance at the request of Councilor Hawkins and have had lengthy discussions on this . Her concern was that if the Ordinance is waived, particularly if there aren' t some pretty strong criteria attached to the waiver, we may be getting into a situation similar to the carports . It seems that once a neighborhood has a carport, that becomes a reason to just allow the whole neighborhood to have carports . She believes the original intent of this Ordinance back in 1993 was to provide some maintenance of quality and beauty to a neighborhood and prevent the deterioration of the neighborhood. Councilor Johnston asked Mr. Black when the gravel was installed. Mr. Black replied that it was approximately two years ago and he had no problem with the gravel rolling into the street or sidewalk. At that particular time he thought he was working within the limitations of not parking on the grass . boo Councilor Hawkins asked if the complaint against Mr. Black was a complaint from a neighbor or neighborhood in general . It is his understanding that several other people on the same street were written up . City Manager said that the Ordinance does not specify if the matter is initiated by a citizen or staff . Motion failed by the following vote . Ayes : Councilors Johnston, Thompson, and Hawkins Nays : Mayor Yeager, Councilors Shine, Daniel, and Martin I m 7 A proposed ordinance was presented waiving Section 32-69 of the Code of Ordinances with respect to the extension of a public sanitary sewer on Turtle Creek Road to serve Lot 1-A of the proposed East Turtle Creek Estates Subdivision, a replat of Lots 1 and 2 and part of Lot 5 . Moved by Councilor Martin that proposed ordinance be approved. Motion seconded by Councilor Shine . Mayor stated that the owners of this proposed subdivision had previously provided public comments . This was followed with 538 Item 7d .nn ' d. a presentation by Mr. Bonnett concerning the challenges and difficulties confronting the City with the sanitary sewer in this part of the City. Council has been provided with three alternates and correspondence from Public Works Department . Councilor Johnston asked if there was some discussion about the owners wanting to annex or being able to annex. Mayor Yeager stated that the owners in a letter and publicly stated that they would be amenable to annexation, but there has been no formal request for annexation. In her opinion, from reading the documentation from Public Works, annexation has no real bearing on the sanitary sewer problem. Mr. Bonnett stated that Section 32-77 (b) of the Code requires them to be annexed irregardless of their desires . If they connect to the sanitary sewer it is mandatory that it be annexed. City Manager said that even with or without annexation it is still the same situation; what type of sewer line improvement or what type of sewer lines are allowed to be extended at that location. It still goes back to the three options or the option proposed by the owner. Councilor Daniel stated that if the area was in the City limits you still would be examining all the options . Mr. Bonnett agreed, and explained the water flow process, basin capacity and potential problems of overflows . Councilor Thompson stated that even though granting a waiver is impractical at this time, he hopes that the developer will not give up and be discouraged. We hope to make it Possible for them to undertake their development soon. Mr. Bonnett suggested positioning a lift station at the bottom of the drainage basin to pump back to the Arizona Main which has a lot of capacity. We believe a sewage plant is required to serve that area. However, to facilitate development, lift stations are a short-term solution. This would serve not only this 55 acres, but another large area. Mr. Brady Crumpler, 4925 Friberg Church Road, stated that any septic system they put in right now would have to be maintained by them. He could not see building a system to maintain the area later on for one unit . This is the simplest way they could see to tie in. Councilor Daniel explained that the Council was in favor of the development; however, Mr. Crumpler was asking the City to give away some of the capacity that has already been assigned to that area. Mr. Crumpler wanted to know who would be responsible for the sewage if that area is annexed. Mr. Bonnett replied that each owner or contractor is responsible for constructing the sanitary sewer. Tambra Crumpler, 4925 Friberg Church Road, asked if they could put in a pump station and lay the line all the way down to the Arizona Lift Station with a five to ten gallon lift station to handle the development . Mr. Bonnett stated that the TNRCC 539 Item 7d cont ' d. requires that a minimum lift station be 100 gallons per minute . He added that their best option would be to build a lift station that is approved by TNRCC . Martin Litteken with Biggs and Matthews and representing the Crumpler' s, stated that if the waiver is not granted then the replat of this area will not go through either. The reason .. for the replat was to build the quadraplex units, and if the waiver is not granted, the Crumpler' s are back to what they had before . Councilor Hawkins commented that the Crumplers original request was to replat . Mr. Litteken stated that their request had gone through the regular planning channels and the issue concerning this particular replat was the sewage requirement, which is part of the City' s subdivision ordinance . Mr. Bonnett informed that a person can replat and can go with septic tanks; it ' s the property owner' s call . He does not believe that a septic tank would work with three quadraplex units . Motion failed by the following vote . Ayes : Councilor Johnston Nays : Mayor Yeager, Councilors Shine, Thompson, Daniel, Martin, and Hawkins " Item 7e ORDINANCE NO 50-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; CONSENTING TO THE ANNEXATION OF A 103 . 6 ACRE TRACT OF LAND WITHIN THE CITY OF WICHITA FALLS ' EXTRATERRITORIAL JURISDICTION BY THE TOWN OF DEAN, TEXAS; 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 50-97 be approved. Motion seconded by Councilor Thompson. Councilor Martin asked why it took so long to bring this issue to the Council ' s attention. City Attorney explained that the town of Dean was recently surveyed and it was discovered that a portion of their town, which was incorporated in 1982, was located within the Wichita Falls ETJ. In order to validate their city limits, State law requires them to get our consent because you cannot incorporate or annex property in another city' s ETJ without that city' s consent . Steve Sicking, Mayor of Dean, Texas, inquired about the issue with Mr. Rowser' s land. City Attorney stated that the City has received a request from Mr. Rowser and Mayor Sicking to allow the town of Dean to annex a subdivision adjacent to the 540 Item 7e cont 'd . city limits that is also in our ETJ. This item will be on the agenda for the next Council meeting. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8a RESOLUTION NO 7 - 7 RESOLUTION CERTIFYING THE CITY IS INTENT TO COMMIT THE NECESSARY FUNDING TO SECURE THE 1999 ASSOCIATION OF MAYORS, COUNCIL MEMBERS AND COMMISSIONERS ANNUAL INSTITUTE Moved by Councilor Martin that Resolution 79-97 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 8c RESOLUTION NO 80 97 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE FIRE STATION RELOCATION 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 Thompson that Resolution No. 80-97 be passed. Motion seconded by Councilor Shine . Councilor Daniel asked Fire Chief Ronnie James to provide the Council with information that the relocation of the fire stations would not impede the service to the other areas in the City. Chief James stated that they had tried to go with the guidelines where the fire stations are approximately three miles apart, and where they have a mile and a half response distance . They have tried to come up with a response time that does not exceed four minutes . Based on the locations of the fire stations in the City, some people who had a two minute response time may now go to a four minute response time, and those who had a seven to eight minute response time may now go to a three or four minute response time . What we are trying to do is have 541 Item 8c cont ' d. an average response time for the City of four minutes . Our average response time now is 3 . 5 minutes . Councilor Daniel asked Chief James if he has taken into consideration the different types of construction of homes in the area, such as those homes built from all wood, and the response times to those areas . Chief James replied that what they look at is fire flow requirements based on building construction and building density. The fire flow requirements for such areas makes it necessary that the response time districts for that area drop from a mile and half to three-quarter mile . Councilor Shine wanted assurance that the locations of the three new fire stations were the best possible . Chief James stated that he is very confident that these locations will fulfill our needs for the next 50 years Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None pow Item RESOLUTION NO 81-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; AUTHORIZING INCORPORATION OF THE WICHITA FALLS 4B SALES TAX CORPORATION; APPROVING THE FORM OF ARTICLES OF INCORPORATION FOR THE CORPORATION; AUTHORIZING THE MAYOR, THE CITY MANAGER, AND THE CITY ATTORNEY TO ACT AS INCORPORATORS AND FORWARD THE ARTICLES TO THE SECRETARY OF STATE; PROVIDING AN EFFECTIVE DATE; 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 81-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Mayor Yeager stated that members of this board received proposed articles of incorporation so that they could become familiar with it and ask questions at the first meeting last week. These articles parallel those of the 4A Corporation with the exception of the purpose . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 542 Item 9a Moved by Councilor Martin that bid be awarded to BMH Oil Company in the amount of $655, 900 for the City' s estimated annual requirement of unleaded gasoline and #2 diesel fuel . Motion seconded by Councilor Thompson. Councilor Hawkins asked if the opus or CPC was an absolute requirement of the bid package . Peggy Gahagan, Purchasing Officer, stated that historically the City has had problems with this bid. It ' s a requirement to properly evaluate the bid that we have some type of a base price to use as an evaluation factor. This was re-bid last year and Staff met with the local vendors to devise a method equitable to all, and at that time they agreed that if they supplied us with the opus or CPC price list and their dollar mark up, we could calculate anything we needed. As a part of the bid, we did request that the opus or CPC price sheet be submitted as a part of the bid document in order to be used as an evaluation factor. The vendors gave us the input that they felt would be the most equitable manner to evaluate the bid. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel, and Martin Nays : Councilors Shine and Hawkins Item 9b Moved by Councilor Martin that bid be awarded to Stewart & Stevenson Services, Inc . , in the amount of $45, 701 . 22 for the City' s estimated annual requirement of automotive filters and canisters . Motion seconded by Councilor Shine . Councilor Hawkins asked if Stewart & Stevenson Services, Inc . or if the City had the option of the one-year renewal . Mrs . Gahagan stated that the City had the option based on the same terms and conditions . She ensured that the City always has the option of renewal on all the contracts . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10a Councilor Martin said that he was very pleased with the progress at the retreat yesterday. 543 Item 10a cont ' d. Councilor Johnston commended the Fire, police and all the other departments that provided assistance during the recent heavy rain storms . He also commended the youth of the community who helped people with their vehicles . Item 10b No items were discussed by the Staff/Council . Ite_ m lOc The City Council went into Executive Session at 10 :40 a.m. as authorized by Section 551 . 071 of the Texas Government Code, and reconvened at 11 :40 a.m. Item 1Od Moved by Councilor Johnston to authorize James B . McIver to file intervention on behalf of the City of Wichita Falls in suit styled Wichita Falls Appraisal District vs . Randle Wood, et al . 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 l0e Moved by Councilor Thompson that the following appointments be made to the Board of Electrical Examiners with expiration dates as indicated: Don Wright Term expires 1999 Jim Musgrove Term expires 1998 Elmer W. Hunter Term expires 1998 Charles Kazmer Term expires 1999 Marvin Groves Term expires 1998 Randy McCullough Term expires 1999 Roger Wright Term expires 1998 Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 544 Item 10f Moved by Councilor Thompson to appoint to the Landmark Commission Ronald G. Fox with term to expire December 31, 1998, and Dan Gray, with term to expire December 31, 2000 . 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 l0g Moved by Councilor Thompson that Dr. James W. Harris be re- appointed to the Police Officers and Firefighters Civil Service Commission with term to expire March 1, 2000 . 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 10 Moved by Councilor Thompson that W. 0. Franklin and Dave Rhone be appointed to the Planning and Zoning Commission with terms to expire May 31, 1999, and that Danny Richardson be appointed as Alternate No. 1 and Lin Purtle be appointed as Alternate No. 2, with terms to expire May 31, 1998 . Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None The City Council adjourned at 11 :45 a.m. PASSED AND APPROVED this day o r 1997 . KAT RYN A. Y AGE MAYOR 545 ATTEST: Lydia— Torres City Clerk