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Min 07/01/1997 580 Wichita Falls, Texas Memorial Auditorium Building July 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 Dan Shine - Councilors Angus Thompson - Bill Daniel - J. W. Martin - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Don Johnston - Absent Harold Hawkins - Absent Mayor Yeager called the meeting to order. Invocation was given by Rev. Wade Hood, West Side Baptist Church. Item 3 Jose Caballero, Street Department Automotive Equipment Operator I , 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 4 No one signed up to speak. Mayor Yeager congratulated and recognized the newly promoted police majors, Major Manuel Borrego and Major Derek Knowles . Mayor Yeager allowed Councilor Martin to introduce the newly promoted police captain. Councilor Martin congratulated and recognized his son Captain Greg Martin. Mayor Yeager recognized Montay Riley as a youth playing a positive role in our community. Mayor enumerated Mr. Riley' s numerous activities and accomplishments, some of which include being a nine year member of the Boys and Girls Clubs of Wichita 581 Item 4 cont 'd. Falls, a Hirschi High School Senior and Ambassador, Big Brother Mentoring Programs, and Crime Stoppers . Also, he is an officer of the Key Club, Business Club, and Spanish Club. He is on the varsity basketball team, and member of the Student Council and St . Paul Missionary Baptist Church. In addition, he is North West Boys and Girls Club Keystone Club President, and North Texas Representative for Youth of the Year. Montay Riley was recognized for outstanding contributions to our community. Item 5 The Minutes were approved as distributed. As a point of information, Mayor Yeager announced that at the July 15, 1997 meeting, Council will convene at 8 : 30 a.m. and will recess to appear in Federal Court . Council will reconvene after that hearing. Time is unknown. Items 6a-7d City Manager requested that Item 6a be tabled for further study. Moved by Councilor Martin that the consent agenda be approved with the exception of Item 6a. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 6a Moved by Councilor Daniel that Item 6a be tabled. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 6b Bid was awarded to Southwestern Bell Telephone in the amount of $16 , 736 . 80 for providing equipment and installation of telephone communications system at the Wichita Falls Public Library. 582 Items 7a-7d Minutes of the following boards and commissions were received. a. Board of Electrical Examiners, June 12 , 1997 b. Water Resources Commission, June 6, 1997 c . 4A Sales Tax Corporation, June 5, 1997 d. 4B Sales Tax Corporation, June 24 , 1997 Item 8a City Manager corrected this proposed ordinance by deleting Lot 2-A. A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing sidewalk on the north side of Production Blvd. adjacent to the south line of Lot 2-B, Tract 2 , Unit 1, Expressway East Industrial District . Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Shine . Mayor informed that these waivers were presented and discussed at length at the June 17 Council meeting. Motion failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Item 8b ORDINANCE NO, 58-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTHWEST SIDE OF SEYMOUR HWY. (U.S. 277) ADJACENT TO THE SOUTHEAST LINE OF LOT 2 , BLOCK 1, PARKHILL ROAD ADDITION Moved by Councilor Thompson that Ordinance No. 58-97 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None 583 Item 8c A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing sidewalk on the east side of Parkhill Road adjacent to the west line of Lots 1 & 2 , Block 1, Parkhill Road Addition. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Shine and failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Item 8d ORDINANCE NO 59- 7 ORDINANCE WAIVING APPENDIX A, SUBDIVISION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF PARKHILL ROAD ADJACENT TO THE WEST LINE OF LOTS 1 & 2, BLOCK 1, PARKHILL ROAD ADDITION Moved by Councilor Shine that Ordinance No . 59-97 be passed. r Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 8e A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing sidewalk on the northwest side of Seymour Hwy. (U. S . 277) adjacent to the southeast line of Lot 2, Block 1, Parkhill Road Addition. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Thompson and failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin 584 Item 8f ORDINANCE NO, 60-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF BARNETT ROAD, ADJACENT TO THE EAST LINE OF BLOCK 5, KEMP SUBDIVISION OF W.M. MAYER SURVEY A-193 Moved by Councilor Daniel that Ordinance No. 60-97 be passed. Motion seconded by Councilor Shine and carried by the following vote : Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 8a A proposed ordinance was presented waiving Appendix A, Subdivision 9 (B) (2) (a) of the Code of Ordinances with respect to placing curb and gutter on the southeast side of Seymour Hwy. (U. S . Hwy. 277) adjacent to the northwest line of Block 1, Norman Nelson Addition. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Shine and failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Item 8h City Manager corrected this proposed ordinance by deleting Lot 2-A. A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing sidewalk on the south side of U. S . Expressway 287 adjacent to the north line of Lot 2-B, Tract 2 , Unit 1, Expressway East Industrial District . Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Shine and failed by the following vote . Ayes : None 585 Item 8h cont ' d. Nays : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Item 8i ORDINANCE NO, 61-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF MORGAN LANE, ADJACENT TO THE NORTH LINE OF BLOCK 1, EDEN HOUSING ADDITION Moved by Councilor Martin that Ordinance No. 61-97 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 8j ORDINANCE NO 62- 7 w ORDINANCE WAIVING APPENDIX A, SUBDIVISION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF KOVARIK ROAD, ADJACENT TO THE NORTH LINE OF BLOCK 5, KEMP SUBDIVISION OF W.M. MAYER SURVEY A-193 Moved by Councilor Martin that Ordinance No. 62-97 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 8k ORDINANCE NO 6 -97 AN ORDINANCE REZONING 519 SULLIVAN STREET, LOT 6-A, BLK. 13-A, BATESON ADDITION, WICHITA FALLS, WICHITA COUNTY, TEXAS, FROM LIMITED COMMERCIAL TO RESIDENTIAL MIXED USE ZONING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 586 Item 8k cont ' .. Moved by Councilor Daniel that Ordinance No. 62-97 be passed. Motion seconded by Councilor Thompson. Councilor Thompson asked if this was a unanimous vote by Planing and Zoning. Mr. Clark was uncertain but believed it was . Councilor Daniel informed that he was at that meeting and to the best of his recollection it was a unanimous vote . Tom Allensworth, 1401 Holliday, Suite 316, was representing Mr. J. R. Wilbourn, property owner. Mr. Allensworth stated that he was told it was a unanimous vote after considerable discussion. Councilor Thompson asked if that pertained only to the lot in question. Mr. Clark confirmed that it did. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 81 ORDINANCE NO, 64-97 AN ORDINANCE AMENDING SECTION 6100, NONCONFORMING DEVELOPMENT 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 Daniel that Ordinance No. 64-97 be passed. Motion seconded by Councilor Martin and carried by the following vote : Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, Martin Nays : None Item 8m ORDINANCE NO. 65-97 AN ORDINANCE ADOPTING VARIOUS STANDARD CODES RELATING TO INSPECTION ACTIVITIES OF THE CITY AND ENFORCEMENT OF BUILDING PROVISIONS AS PROVIDED IN SUCH CODES BY AMENDING ARTICLE II, SECTIONS 7-14 , 7-15, 7-16 , 7-17 AND 7-18 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS AND BY REPEALING EXISTING ORDINANCES CONTRARY TO SUCH CODES 587 Item 8m cont 'd. Moved by Councilor Martin that Ordinance No. 65-97 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, Martin .-,„, Nays : None Item 8n A proposed ordinance was presented waiving Section 5620 of the Zoning Ordinance and allowing a single-wide mobile home as a residence in a General Commercial Zoning District . Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Thompson. Mr. Dave Clark provided background on this request and informed that two City Ordinances had been violated and Staff feels that that their ability to enforce potential future and existing ordinances is based on Council ' s action on this waiver. He stated that if Council chooses to approve this waiver Staff would like direction on how it is to treat the enforcement of City Ordinances . Mr. Clark explained the conditional use provision for a double-wide mobile home and the use of double-wide mobile homes in a General Commercial Zoning District . You cannot obtain a conditional use permit for a single-wide . The concern is a single-wide trailer becoming a permanent office use with a commercial application. Tom Allensworth, 1401 Holliday, Suite 316, Attorney for Mr. Larry Lofland, property owner, stated that they would prefer to have the entire Council present to discuss this matter if possible . It was Council' s opinion that this item be considered at this time since it had been discussed previously. Also, Mr. Allensworth had desired that Councilor Shine be present for this discussion and he is present . Mr. Allensworth informed that the property owner was trying to improve and protect his property and his assets . We have an auto dealership where persons have tried to break in. His clients want an opportunity to occupy this property for security ." purposes . From his clients perspective it has not had an adverse affect upon adjoining property owners; if anything, it has served as an enhancement . He mentioned that Council has the ability to pass waivers when it is thought to be in the best interest of the City and the property. There are times when strict rigid applications of a zoning ordinance neither promotes the needs or requirements of the City or an individual property owner. He suggested that this was one of those cases . It will not promote long term interest of the City because it will 588 Item 8n cont ' d. result in my clients being victimized more by criminal element, and also it will not promote the interests of my clients . They have had three different occasions where criminals have made onto his property or attempted it . My clients have put a considerable amount of money to enhance the property. Councilor Shine asked if building permits were issued. Mr. Allensworth stated that building permits were issued for the rehabilitation of the existing structure . It was his understanding that at the time the building permits were issued, there was a travel trailer there and that "passed mustard" with the City. My clients removed the travel trailer and put in a single-wide mobile home . Councilor Shine asked if inspection missed the mobile home during the inspection. It was Mr. Clark' s understanding that permits were issued for the improvement of the existing structure and when the trailer was brought in there were no permits, that was later. Councilor Shine mentioned to Mr. Allensworth that there was a problem of law with the fact that you cannot make a special use permit out of a single-wide under any circumstances . Mr. Clark stated that there were several problems here . First, I would argue that there is no hardship here, and this is not a case for the Board of Appeals . I feel passionately about the aspect of a waiver for a waiver' s sake . I do not feel that there is a case here for granting a waiver. Councilor Shine agreed, however, we have to be just in our actions and if we proved this to be acceptable and then come back later and put a hardship on someone, that is a different situation. Mr. Clark said that his reference to a hardship is the basis when cases can be heard by the Board of Appeals, generally, that hardship refers to a quirk in the property rather than a financial hardship or just waiving what the ordinances say. The issue of vagrants was discussed. Mr. Clark stated that there had been one incident in three years which was a traffic accident . Mr. Allensworth said that the police report was not accurate in that there was a burglary in progress at the time . Mr. Larry Lofland, 3701 Seymour, co-owner of Triple T Sales, informed that he had called 9-1-1 on fires which could have damaged his property if he had not been there to make the call . The accident which was reported was an incident . I caught him trying to break into my building and as he backed out he hit one of my trucks, and it was reported as an accident . After that I did not call the police on other incidents . He also mentioned that there had always been a travel trailer there since they started remodeling until they replaced it with the mobile home in October. Surrounding property owners have no objection to this single-wide mobile home . Councilor Thompson understood the law but was concerned that the law ought to work in the interest of our citizens . We as Councilors have a right to look at each individual case if that be our desire and make amendments or changes where we feel would be in the best interest of the citizens and of our City. I do not understand why a double wide was acceptable and a single-wide was not . That was a concern to him. Also, if this is valid and if the trailer is removed, will these 589 Item 8n con ' d. conditions reoccur, and if they do and his building is burglarized or burned, what will our response be . We would have complied with the law. City Attorney clarified that this actually was an individual exemption from the law. The Zoning Ordinance is an Ordinance that this Council and community have adopted to protect the public safety and welfare . There are criminal sanctions attached to violating a Zoning Ordinance and what you have before you is a request to be exempt from this Zoning 7 ' Ordinance . That is a dangerous precedent . There is an important distinction; you are not just waiving a building requirement or a curb and gutter requirement ; you are waiving an Ordinance that was adopted for the public health, safety and welfare . Mr. Allensworth disagreed with the statement of waiving a criminal statute . This is just an applicant coming before you, the lawmakers, for relief . Councilor Daniel commented that Council had been asked for relief from an Ordinance, however, it has been prior to the Ordinance being violated. This is after the Ordinance has been violated. Also, we all have a concern to enable businesses to protect themselves, but, there is a difference between hardship and convenience, and I believe in this case it is a convenience . We are at a place of how best to protect business . The Ordinance has been written and this is not the chosen avenue; there are other ways to go. Councilor Thompson was interested in how an ordinance cans, be passed that cannot be changed or waived. He was interested in the argument that we have become the captives of those things that we have passed. Health and safety is thrown out but never defined or addressed specifically. The point of discussion is larger than this item. Even if this fails I think it is very chilling that something that has been put into motion cannot be reversed. Councilor Daniel informed that it could be reversed by granting the waiver or the Ordinance can be revisited and modified. I believe the staff would indicate to us that it would be their desire to have an ordinance not only regarding this case but building codes, etc . , that allows them some flexibility to address different situations in different areas of the City. However, this is not the issue at hand. Councilor Thompson felt that maybe Council should revisit that issue . Mr. Clark said that Mr. Lofland had the option to accomplish his task within the bounds of the law if he had chosen to do that . He could have complied with the Zoning Ordinance and establish a residence at the site . Mr. Allensworth asked what he meant when he said establishing a residence . Mr. Clark stated that he had the opportunity to request a double-wide with conditional use permit, etc . , to accomplish that and request it, and he did not . Mr. ' Allensworth said that they were citizens of limited means and perhaps not wise to the ways of the City. There is a significant difference in the cost of single-wide and a double-wide, and it would be expensive to put in a double-wide or detached structure . This alternative would be a financial hardship on my clients . He asked that Council consider the absence of neighbor opposition to the single-wide . Motion failed by the following vote . 590 Item 8n cont ' d. Ayes : Councilor Thompson Nays : Mayor Yeager, Councilors Shine, Daniel, Martin Item 8o ORDINANCE N0, 66-97 AN ORDINANCE REGULATING THE RATE OF DISCHARGE OF STORM WATER RUNOFF: SPECIFYING CRITERIA FOR DETERMINING RUNOFF RATES : ESTABLISHING DEVELOPMENT STANDARDS FOR THE CONSTRUCTION OF RUNOFF CONTROL FACILITIES : AND SETTING FORTH PROCEDURES FOR THE ADMINISTRATION THEREOF Moved by Councilor Martin that Ordinance No. 66-97 be passed. Motion seconded by Councilor Thompson and carried by the following vote : Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, Martin Nays : None Item 9a RESOLUTION NO 96-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; CONSENTING TO THE MERGER OF THE HELEN FARABEE CENTER AND THE ROLLING PLAINS STATE OPERATED COMMUNITY SERVICES; AUTHORIZING THE MAYOR TO VOTE IN FAVOR OF SAID MERGER; 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. 96-97 be passed. Motion seconded by Councilor Shine . Councilor Thompson stepped out of the Council Chambers . Dr. Tom Curran, Chairman of the Helen Farabee Board, was present to answer questions on this resolution and spoke in favor of the merger. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Daniel, and Martin Nays : None 591 Item 9b RESOLUTION NO, 97-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; AMENDING RESOLUTION 151-96 AT SECTION 6 .4 , "OTHER BUSINESS, " CONCERNING RULES OF PROCEDURE FOR THE CITY COUNCIL; 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. 97-97 be passed. Motion seconded by Councilor Martin. Councilor Thompson returned to the Council Chambers . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 9c RESOLUTION N0, 98-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ADOPTING CITY COUNCIL GOALS FOR FISCAL YEAR 1997-98 Moved by Councilor Martin that Resolution No. 98-97 be passed. Motion seconded by Councilor Thompson. Councilor Daniel expressed appreciation to the Mayor for leadership when she began her term of office in May 1996 . She led the Council in adopting goals . These are the actual goals which are guiding the City and the Staff in their work, and goals by which this Council and Staff will be judged. These goals are the driving force behind the budgets of this coming year and future years . He felt this was an achievement . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None 592 Item 9d RESOLUTION NO. 99-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; APPROVING THE BYLAWS OF THE WICHITA FALLS 4B SALES TAX CORPORATION; 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. 99-97 be passed. Motion seconded by Councilor Martin. City Attorney informed that at the next Council meeting he would be presenting a waiver on the budget submission requirement for both the 4A and 4B Sales Tax Corporations . The budget is required to be submitted to Council 60 days before the end of the fiscal year, and that is not going to be possible . The resolution will be to waive that requirement until mid December. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, Martin Nays : None City Council recessed at 10 : 15 and reconvened at 10 : 30 a.m. Item 10 Moved by Councilor Shine that bid be awarded to Ameritech Library Services in the amount of $193 , 074 for computer hardware, software, and related services for the new library and authorizing the purchase of related computer equipment in the amount of $81, 000 on the Texas General Services Purchasing Agreement . Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 10b Moved by Councilor Thompson that bid be awarded to Dailey Electric, Inc . , in the amount of $13 , 991 for the installation of wiring for the computer system at the new library facility and authorizing the purchase of related materials in the amount of $9, 891 on the Texas General Services Purchasing Agreement . 593 Item 10b con ' d. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 10c Moved by Councilor Martin that bid be awarded to Lone Star EnviroSystems in the amount of $159, 000 . 00 for the purchase of a Mobile Grinder. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 11 Council held a discussion of waivers on the following items . 2. Curb and gutter requirements of Appendix A, Subdivision 9 (B) (2) (a) of the Code of Ordinances for: (1) Mesa Irrigated Farms, Lot 1, Block 35 Mr. Bill Parker informed that location is west of Parkhill and south of Kovarik and it is out of the City limits . Staff recommends approval of waiver. (2) East side of Hammon Road adjacent to the west line of Lot 2-A, Tract 2 , Unit 1, Expressway East Industrial District . Mr. Parker informed that location is on Hammond and Production. Staff recommends approval of waiver. h. Waiver for paving all interior streets requirements of Appendix A, Subdivision 9 (B) (2) (a) of the Code of Ordinances for the Lots 8-A and 8-B, County Farm Addition. Mr. Parker informed that the current Wichita Falls Metropolitan Area Thoroughfare Plan shows Midwestern Parkway east of Henry S . Grace Freeway as a major arterial street with two eastbound and two westbound lanes divided by a median. A 50- foot right-of-way was dedicated and the south portion of Midwestern Parkway was constructed in 1972 . The developer is required to dedicate an additional 60-foot right-of-way on the south side of this tract and pave the additional two lane roadway according to the Plan. Legal has ruled this be considered as an internal street . The paving of the street would only be for the lot being platted. He added that the requirement is to pave the street and the only relief would be a waiver from Council . 594 Item 11 cont ' d. Mr. Dave Clark stated that the ultimate Thoroughfare Plan is that Midwestern Parkway would go all the way to Hammon Road. Mr. Parker commented that the thought process was that the property would develop in the future . Councilor Daniel wanted to know when the City pays and when a developer pays for the street . Mr. Bill Parker informed that the Subdivision Ordinance stipulates that interior streets shall be paved by the developer, and exterior streets are paved by the City. In this case, all the paving will be on the property that was formally owned by the developer and that makes it an interior street . Councilor Shine asked what if it was dedicated. Mr. Parker replied that you would have to waive the requirement of paving the street . Planning is requesting a 60-foot right-of-way to be dedicated. Mr. Clark stated that in the platting process, Staff follows the adopted Thoroughfare Plan which designates rights- of-way regulations, etc . Since this is a plat the right-of-way would be required as a part of that platting process . Also, the construction of the street would be required, but you do have the authority to waive that even though the right-of-way is obtained. Councilor Shine commented that if we wanted an internal street we would have to pay for the right-of-way, is that correct? Mr. Clark said that if there were no developing or platting occurring on this property, that is correct . Mr. Parker said that waiver request is prior to this . That is an existing street adjacent to a proposed platted piece of property. That is a border street and all we can ask for is curb and gutter. My understanding is that if that street is constructed within what was the property boundary of the developer it is considered an internal street . Councilor Daniel asked what would be the scenario if the City decided that we needed the Maplewood extension to through to connect with Lawrence Road. Mr. Clark gave an example . There is consideration of a platting process going on now for the area off of Lawrence Road in the Keith Street realm. If Keith Street were extended to the west through the tract of property behind WalMart, the developer would be required to construct that street because it is an internal street for them within their property. They are proceeding with a platting process there, but if there were no platting process and nothing going on and the City decided they wanted to build a street through there, City would have to buy the right-of-way and build the street . He added that the internal street is what provides access to their lot for their development . Councilor Daniel commented that basically we take advantage of development to put in streets . Mr. Clark explained that this is authorized under the State and local laws and is a part of the development process . It is very common for developers to build those streets completely. The planning process is a method for communities at large to accomplish a street system and its construction through the development processes . Councilor Daniel stepped out of the Council Chambers . 595 Item 11 cont 'd. Councilor Martin stated that if we grant the waiver and future development goes up and then we require a street we would be responsible for the expense . Mr. Parker concurred and added that they would have good reason to come in for a waiver. Also, the City would have to address what happens to Midwestern Parkway when the other tract that abuts Midwestern Parkway is final platted. Councilor Thompson asked if there would be any safety problems in that section. Mr. Parker replied that there would not be, but there would be a perception that we put in a portion of a street that is not being used. Councilor Daniel returned to the Council Chambers . Doug Burns, 5719 Moss Court, Dallas, Texas, informed that the property was owned by Bluff' s Development Corporation, a family land company. He stated that they had owned that tract for 24 years . Property is in contract for one lot, approximately five acres of the 23 acres . The sale will depend on the outcome of this waiver. We do not feel that in 24 years there has been a need to build a freeway in that area, and cannot see that possibly there would be a need in the next 25 or 50 years . Total traffic count has gone down out there and we do not see a large volume of increase requiring a boulevard. We want to make several improvements at our expense out there such as on the drainage ditch, and construct a new street, which would be an interior street . We have been requested to do the curb and gutter, the entire street, and a median. This would make the project totally uneconomic and we feel that is too much of a burden that has been put on this property. David Tate, Attorney, 2309 Brookhollow, gave reasons why the waiver should be granted. He was unaware that interior streets would be a consideration. It was a boundary street when it was purchased and this is just a part of it . We believe Midwestern Parkway East is adequate right now because it has been used for the same purpose for 15 years and there has been no need for a 4-lane thoroughfare . He mentioned a similar issue which occurred last year. Preston submitted a plat for Keith Street and he was not required to widen Keith Street . Even though the Thoroughfare Plan for Keith Street showed it as a part of the extension of Maplewood which provided for a 4-lane with a median or left-turn lane for Keith Street . Preston' s plat was approved and it had land on both sides . We are not criticizing that action, but, we feel that the same kinds of reasons and maybe more so apply to our situation. We feel that the future projected need for the expansion and extension of Maplewood is more critical and much more eminent than the extension of Midwestern Parkway East onto Hammon Road or Windthorst Road. He asked that Council carefully read the letter he sent them. Councilor Martin asked why we were requesting a median. Mr. Clark informed that the Thoroughfare Plan indicates on it, depending on the nature of the street, the cross section of that street as it would ultimately be developed. It is up to Council if you feel that this is too strong a cross section requirement . Councilor Martin suggested that if this waiver is changed or granted that the median be taken out . Mr. Clark said they would take another look at that . He added that part of the 596 Item 11 contd. reasons for medians is to provide left turn abilities and a safe environment . Councilor Daniel asked if the Keith Street comparison was a good one . Mr. Clark did not think it was . It is true that the extension of Midwestern Parkway East is a longer term project . The Preston right-of-way or what you might call Keith Street or Maplewood Extension is less known, and when it came to the question of Preston, right-of-way is not established. There is a railroad at the end of Keith Street and a park on the other side . The maintenance or obtaining of right-of-way through Preston Dairy land, we thought, was prudent to keep that option open, but, the construction of the street did not have logic at that point and time . Item 12a Council held a discussion on the request from Archer County MUD #1 for an additional water connection. Mr. Jerry Gross provided background information on this issue . The City of Wichita Falls has had a water purchase contract with Archer County MUD since 1970 with this entity. The initial contract authorized sufficient water to serve up to 150 family dwellings, however, growth has been occurring. The district has found themselves with a problem of being able to provide sufficient pressures throughout their distribution system. That is one of the problems that they are attempting to solve by requesting a second connection which would be on the west end of their distribution system near what is Sisk Road. Their current connection with the City of Wichita Falls is near the old spillway of Lake Wichita on F.M. 2380 . This would be an additional connection on the west end. He mentioned that there were several ways to solve this problem. One is by their requested second connection, and the other is through making some improvements internally within their system. Councilor Martin mentioned that this may have some effect on Holliday. We have an agreement with Holliday and I understand we are having some problems supplying them with authorized water allowance . Mr. Gross stated that they are having some pressure problems and it may lie within their system downstream. However, any additional flow from our system to the west can have an impact on Holliday in a worse problem than what they already have, no matter if it lies within our system or theirs . Councilor Thompson stated that we have two alternatives and one will cause a problem to Holliday and the other one will not . Mr. Gross concurred, and added that they are speaking only of treated water. Mayor informed that it is the recommendation of the Council Committee that we go with option two, which would be for Archer County MUD to construct a ground storage tank close to the exiting metering point . The system would be pressurized with Archer County MUD pumps with an elevated storage tank located on the west end of the system. 597 Item 12a con ' d. Mayor introduced Al Hargrove, President of Archer County MUD, Neil Hull, Secretary, and Dean Hinton, Engineer. Al Hargrove, Rt . 3 , Box 512B, Wichita Falls, explained that when he wrote the request asking for this line he did not realize that the line would interfere with any other customer. We are the smallest water district with the fewest customers, most of whom are farmers . For us option two would result in increasing personnel and equipment costs, and would put us in a bind. We have not had a chance to discuss this option. He requested that Council not make a final decision right now. He said they did not want to place a burden on any of our customers . Councilor Martin asked how many customers they serviced. Mr. Hargrove replied that they had approximately 285 . We are trying to find a way to best serve these people . I am asking for your consideration before a final decision is made . Mayor suggested that Mr. Hargrove meet with the Council Committee, Mr. Gross and Mr. Bonnett to discuss these options and try to work out an agreement that would be acceptable to all . Item 12b Council considered the appeal by William Gene Melton, Jr. ww- of denial of taxi chauffeur' s permit . Billy Melton, 2010 Buchanan, informed that he had been driving a taxi for four years and that is all he knew to be able to take care of my family. He said that he had done everything to get this done the right way. The main objective is the service of the cabs . My main objective is to obtain a permit to where I can drive and work with the City of Wichita Falls . That way I can make a difference in what happens in my community. In my case, anything worth keeping is worth fighting for. Councilor Daniel explained that citizens would be concerned if his restaurant did not pass health inspection, and he would be out of business . Regarding your profession, the Council has adopted certain guidelines to protect the health, safety and welfare of our citizens . One of those is that you should not have over a certain number of traffic violations . Mr. Melton stated that some of the citations are over three years old. Mr. Robert Powers, Assistant City Manager, explained the section of the Vehicles for Hire Ordinance referring to the three hazardous events in a 12 month period. He stated that according to the Ordinance Mr. Melton will be eligible to apply for a permit in July of 1998 . He informed that Mr. Melton received three citations in 1995 and one in 1996 , one was for speeding and two were failure to obey traffic devices . Mr. Melton stated that one was for not yielding. He explained that there was an accident at that location and he thought the officer had waived him on and he explained that to 598 Item 12b cont ' d. the officer. However, he was given a citation. Councilor Daniel stated that Council cannot override what a Court has decided. Councilor Martin mentioned the May 2 , 1997 incident at S .A. F.B. where several cab drivers were stopped for not having a valid City of Wichita Falls chauffeur' s permit . Mr. Powers explained that Mr. Melton was one among others who were operating without a valid permit . Mr. Melton stated that he has stopped driving since that incident . Councilor Martin commented that he was aware of the rules and the regulations and he should have been working to protect not to have these violations . Mr. Melton stated that he had tried to do numerous things but you can only take defensive driving once or twice a year. He realized that his past had caught up with him and he was here to face the music . Several questions were asked by Council regarding the ordinance requirements for chauffeur permits . City Clerk provided information on this procedure and the requirements . Moved by Councilor Martin that Mr. Melton' s appeal be denied. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, and Martin Nays : None Item 12c Councilor Thompson asked that the noise made by the Preston trucks at their location be checked. Mayor asked everyone to be very careful with fireworks as we approach July 4 . She encouraged everyone to enjoy and participate in all the community events in celebrating our independence . Item 12d City Manager reminded Council of the tour scheduled for July 8, 1997 at 10 : 00 a.m. Item 12e The City Council went into Executive Session at 12 : 05 p.m. as authorized by Section 551 . 071 of the Texas Government Code and Section 551 . 074 of the Government Code . The City Council reconvened at 12 :43 p.m. Councilor Daniel was not in attendance . 599 Item 12f Mayor informed that under the advise of the City Attorney, on a ruling by the Attorney General, no Library Advisory Board appointees were discussed in Executive Session. Item 12g Moved by Councilor Thompson that Dr. Joseph Miller be re- appointed to the Wichita Falls Housing Authority Board with term to expire July 1, 1999, and that the following persons be appointed: Ruby Gatewood with term to expire July 1, 1998, replaces Charles Averhart; Dan Blue with term to expire July 1, 1999, replaces Buddie Vise; Pat Nelson with term to expire July 1, 1999, replaces Marguerita Payne . Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, and Martin Nays : None boo The City Council adjourned at 12 :46 p.m. PASSED AND APPROVED this _day of 1997 . , THRYN A. YEAG R MAYOR ATTEST: o ('�� Lydia Torres City Clerk ,. <