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Min 01/17/1995 769 Wichita Falls,Texas Memorial Auditorium Building January 17, 1995 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: Michael Lam - Mayor Leon Mallonee - Councilors Terry Loughry Angus Thompson - Bill Daniel J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Larry Lambert - Asst. City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. David P. Williams, Eastside Baptist Church. Item 3 Moved by Councilor Thompson that the minutes of the January 3 , 1995 meeting be approved. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None Items 4a-6a Moved by Councilor Daniel that the Consent Agenda be approved. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins. Nays: None Item 4a RESOLUTION NO. 7-95 RESOLUTION APPROVING AMENDMENT NUMBER TWO WITH SIMMONS AIRLINES, INC. , FOR LEASE OF PREMISES AT THE WICHITA FALLS MUNICIPAL AIRPORT Item 4b RESOLUTION NO. 8-95 RESOLUTION APPROVING AMENDMENT NUMBER EIGHT WITH ATLANTIC SOUTHEAST AIRLINES, FOR LEASE OF PREMISES AT THE WICHITA FALLS MUNICIPAL AIRPORT 770 Item 5a RESOLUTION NO. 9-95 RESOLUTION TO ACCEPT RIVER ROAD WASTEWATER TREATMENT PLANT ADDITIONS AND MODIFICATIONS PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Item 6a Minutes of the Wichita Falls Traffic Safety Commission, November 2, 1994 meeting were received. Item 7a A public hearing on hazardous structures was held. Mayor Lam opened the public hearing. Don and June Marlow, 1404 Bell, were present to address 1006 15th Street. Mr. Jim King stated that this property was not on today' s agenda. Mr. King informed that this structure had been presented to the Council November 15, 1994 ordering removal of the structure and an ordinance was passed to demolish it and the ordinance has become effective. Mr. and Mrs. Marlow were notified but were not present at that meeting. They contacted Mr. King' s office last week indicating a desire to repair that building. Councilor Martin asked what the time frame of their repair would be if this was granted. Mr. King gave the following history on this property. The initial structure report was prepared April, 1991 and numerous requests for compliance with the Ordinance were sent. The Marlows secured a permit, but there was no action taken on that permit and it has subsequently expired. At that point Code presented it to the Council on November 15, 1994 and the Marlows did not appear at that time. Mayor stated that there was no ordinance on the agenda today to remove the original ordinance and he asked the Assistant City Attorney for his legal opinion. Mr. Lambert replied that, technically, Mr. and Mrs. Marlow' s presentation was out of order in so far as a consideration under this particular ordinance is concerned. If the Inspection Department believes there should be something done to give them relief, any demolition could be held in abeyance, and that could be brought up at another Council meeting. It is not on the agenda today. Mayor informed Mr. and Mrs. Marlow that Council could not act on it today because it is not on today' s list or covered under this ordinance. Mr. Marlow said that Mr. King had told them to be here to take care of this today. Councilor Hawkins commented that it would be later on in the meeting. Mr. King said that they had requested that this be taken . . care of under other business. Mayor told Mr. and Mrs. Marlow that they could present their case a little later in this meeting. Mr. Konti Wani, owner of Western Hills Motel at 5311 Seymour, said a portion of it had burned last year and that portion has been removed and the property has been cleaned up and secured. Last year he tried to obtain a permit but could not obtain the funding, but this year he will be able to obtain the funding. He requested an extension so that he could proceed with his plans. Mr . King informed that this building had a fire in January 1994 and notices for major repair or demolition were sent. The owner secured a partial repair permit and removed the entire 771 Item 7a, cont'd. second level from the building, leaving the lower level. Each and every room has experienced some type of major fire or vandalism as a result of it being vacated. It would take major repair to bring this structure to useable condition. Mayor asked Mr. Wani if he thought this project was economically feasible by putting money into it. Mr. Wani presented his credentials. He is a registered professional engineer, has his own consulting firm and has been in business for the last twelve years providing consulting and engineering services to municipalities and private sectors in the State of Texas. Mr. Wani stated that the building was burned and the upper section was removed, the electricity and water have been cut off, the walls and foundation are in good shape and it is a structurally sound building, according to his estimation. He wants to start the motel business again and has submitted an application for financing and plans to restore the motel by this summer. He said he should be able to have the motel in good condition by the end of this year and if not he will demolish it. Councilor Martin asked if we had received any complaints from that area. Mr. King replied that there had been several complaints on the cosmetic aspect of the building and on unauthorized occupancy. Mayor asked if the building was barricaded to keep people out. Mr. King said that the building needs to be secured to prevent any unauthorized entry. Councilor Martin stated that sometimes the Council gets caught up in a trap acting in good faith. We give extensions to property owners to repair structures and nothing is being done on some of these properties. If this extension is granted we should show some good faith within a reasonable period of time, thirty days or something to show that something is going to be done, if not, these extensions should not be granted any more. We should set a time frame. Mr. King agreed with Mr. Martin regarding the extensions. Councilor Hawkins wanted to know how close the motel was to the new school that was going to be built. Mr. King replied that it was north of the school and very close to the residential area in that proposed area. Councilor Hawkins stated that if the extension was approved and it was not done in the most sightly manner it would be a determent to this development that we have going in out there. Mr. King stated that the possibility could exist. Councilor Thompson suggested that Mr. Wani be given the normal amount of time to proceed with his plans to develop the motel, with the understanding that if it is not done we would expect that it be torn down. Mayor told Mr. Wani that he had ninety days to obtain a permit and start work on this project and show substantial progress or we will ask Mr. King to return the original recommendation to demolish this structure. If you are making progress and we can see that progress we will extend that ninety days until you finish your motel. We have to see that something is being done. Also, today you need to go and secure the property and prevent people from going in it. Mr. Neil Parkey, registered agent for Libertarian Capital which owns property at 2215 Holiday, informed that 2217 Holiday had been sold one year ago; Augustine Ramirez is the present owner there. Mr. Parkey said that they propose to remodel that property and begin within thirty days and have it completed within ninety days. Mayor asked Mr. Parkey if he knew what was involved and he replied that he did. Mayor stated that he could proceed with his plans. 772 Item 7a, cont'd. Rowland Marchand, owner of 1641 Southern, stated that he had already tried to obtain a permit, but since it was going to the Council he had to wait. People from Planning have made him aware of what he needs to do and he would like to take care of it. He is asking for an extension to get this done. Mayor told Mr. Marchand to begin work in thirty days and have it done in ninety days. Mr. Marchand said he would take care of this problem and would obtain a permit today. Councilor Daniel asked if this was the first time this property had been presented to Council. Mr. King replied that this had not been presented to Council previous to this day. An initial report was sent in September of 1993 . Councilor Daniel commented that he was echoing what Councilor Martin stated earlier_ that we have an obligation to protect an individual ' s rights to invest in property and utilize the system to the best effect, but also we do not want to be used just to carry a piece of property and let it sit around for a long time. Miss. Dixon, 1637 Southern, said that since Mr. Marchand has owned this property he has never done one repair to it. He would sell it, I suppose, but it would be a while before the people would lose it or leave. When the sewer of the house backed up in my backyard of the property I own next door I tried to get it condemned and I finally got them to turn the water off. There were people living there three months after the water was turned off. Eventually, they moved and I contacted Mr. King and he condemned the house. There have never been any repairs and there are gang signs and they go in there. This is my home and I am too old to move and I intend to stay there, and I would appreciate it if you would demolish the house. Mayor commented that Mr. Marchand was now under a time frame to make repairs. Mr. Carl Edwards, 75 Sara Sue Lane, owner of 2301 Yale (Rear) , feels the building has been secured according to City Code. He wants to repair the building for storage. Mayor asked if he had a time schedule. Mr. Edwards replied that he did not know what he needed to do in order to begin repairing it. Mayor informed him that he would need to obtain a building permit and contact Mr. King on what to do to bring the building up to standards for storage. You need to get started immediately and show substantial progress and complete it within ninety days. Mr. Edwards stated that he would need about six months. Councilor Hawkins said that he would have trouble with allowing him six months because he could get it secured and started within thirty days and completed within ninety days for a storage facility. If it is not completed within ninety days, but he has shown substantial progress then he can come back and ask for an extension. Mayor told him to get a permit within the thirty day period. Councilor Daniel asked Mr. King if a property is brought to the Council with a recommendation from their department that it be demolished, is that building going to require more than cosmetic changes? Mr. King replied that when a structure is brought: to the Council to review there is, generally, not any other avenue except demolition. In rare cases there has been some activity by owners to try to repair those buildings. We bring the worse case scenarios here, if they are repairable they normally do not come before you. Councilor Daniel asked if they had guidelines for those structures for which the Council allowed extensions. Mr. King replied that there were several avenues which needed to be pursued by the property owners to bring building up to code. Councilor Daniel asked if we would be making progress. Mr. King stated that from what was said today, there will be some real progress on these structures. Councilor Mallonee asked the time frame of a permit. Mr. King explained that a building permit is good for six months if there is no activity, but a building permit is good for one year 773 Item 7a, cont 'd. if there is some ongoing progress and if there are some visual changes made. In these cases you are monitoring them to see that some progress is being made under the guidelines we set today. Mr. King said that was correct. Councilor Mallonee commented that within ninety days we could take some other action. Mr. King agreed. Ethel Pack, 1519 32nd, said that her mother, Mrs. E. A. Sellers, had died last year and they have been working on the property. They had not been able to get in because work was being done on the street and there was no driveway. Mrs. Pack said they were ready to begin tearing it down. Mr. King said she needed to come by his office for a demolition permit. She was allowed thirty days to obtain a permit and ninety days to complete the work. Lloyd Warr, 722 E. College, Burkburnett, Texas, owner of 201 Barwise, explained that they started tearing the building down two months ago. They obtained a contractor who was supposed to get a permit from the City for demolition but he did not do anything but take their money and leave town. Mr. Warr has been working out there every day to tear the building down. He is trying to salvage as much as possible and requested an extension to complete the work. Mr. King said that they were not happy with the progress and the condition of the demolition debris on the lot itself. There is brick and masonry debris which has overflowed onto the right of way and we have requested that all this be removed and placed within the confines of the demolition site. There is also a free standing wall that is burned in the center of the building that is in a hazardous condition and is a threat to the workers in there. We have requested that it be pulled down and the overall site secured to keep people from going in the area that has a basement. It is a hazard as far as the nature of the demolition going on there. We have not seen any real progress on the areas we have addressed and we would like to see more progress in those areas, in addition to getting the building removed. Mayor told Mr. Warr that he needs to address the items of removing the debris, brick and masonry, out of the right of way and tearing down the hazardous wall. If he can satisfy Mr. King by addressing those items, he is to proceed on that basis. It has to be a safe place to work and not a public hazard. Councilor Thompson said that a time frame needed to be set to get those things corrected. It would be preferable that it be corrected this week, and asked Mr. King to see to that. Mayor directed Mr. King to contact Mr. Warr and give a report to Council later. Mr. Warr was allowed thirty days to get wall and debris removed, and Mr. King was directed to work with Mr. Warr on the demolition time frame. No one else wished to be heard. Mayor closed the public hearing. ORDINANCE NO. 6-95 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY ( 30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY Moved by Councilor Martin that Ordinance No. 6-95 be passed subject to the notations made by Council to those who appeared today on behalf of their properties. 774 Item 7a, cont 'd. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7b Mr. Jack Murphy informed that after the ISTEA Grant was received they considered ways to use those funds as a match for an application to the Texas Parks and Wildlife. We are making some calls to that Department and also to TXDOT to see if that is allowable. We appear to have clearance on TXDOT for use of the $250,000, which is the local match and we hope to get clearance from the Texas Parks and Wildlife Department. Deadline for application is January 31, 1995. Improvements are mostly a trail, a shelter and some minor improvements at Jaycee Park. A public hearing was held on the Texas Parks and Wildlife grant application. Mayor opened the public hearing. Councilor Martin asked if the design work had been done in- house. Mr. Murphy replied that the design work was done in- house for the ISTEA and for the Texas Parks and Wildlife. The complexity of the project depends if we do it in-house. If it is a trail we typically do that level, but if it is above that level we will probably farm it out to a private firm. Councilor Martin stated that in some of the ISTEA grants, TXDOT has indicated that they can do the design work but I guess that would necessitate a fee. Mr. Murphy stated that it was called an inspection fee. We do the engineering work, however, they can require that a percentage of the work be done to be paid to them for inspection services. That is a variable percent depending on the complexity of the job. Councilor Hawkins asked if we had any work going on for boat ramps at Lake Wichita. Mr. Murphy replied that there was not. No one else wished to be heard. Mayor closed the public hearing. Item 8a RESOLUTION NO. 10-95 A RESOLUTION EXTENDING THE EXISTING STREET AND ALLEY RENTAL AGREEMENT BETWEEN THE CITY OF WICHITA FALLS, TEXAS, AND TEXAS UTILITIES ELECTRIC COMPANY FOR A PERIOD OF ONE YEAR; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; 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. 10-95 be passed„ Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 775 Item 8b RESOLUTION NO. 11-95 A RESOLUTION OF THE CITY OF WICHITA FALLS, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT" , DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT" , FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM" ; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES Moved by Councilor Thompson that Resolution No. 11-95 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8c RESOLUTION NO. 12-95 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT BETWEEN WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK, AND CARELINE, INC. FOR AMBULANCE SERVICE Moved by Councilor Martin that Resolution No. 12-95 be passed. Motion seconded by Councilor Hawkins. Councilor Martin wanted to know what the subsidy portion would be in those cities that have substantially ALS rates and routine rates that are lower than ours that have no mileage and are city run. We are asked to increase, and their subsidy has remained at $35, 000 for the last 2-3 years, but if we are increasing their fees why can' t we reduce our subsidy? City Manager stated that when Lifeline came here the subsidy then was about $240,000 and when they came they offered a methodology that would allow the rates to seek market levels with the subsidy being reduced at the same time, and that is essentially what we have done. A few years ago where the subsidy could have been erased or down to nothing, there was a recommendation from the three cities and the County that we needed to keep a partial subsidy to keep control or we were going to have essentially a private run operation that was beyond the scope and control of this City and the three government entities. The thinking at that time and recommendation was that for $40,000, split 50% - County, 42% City of Wichita Falls, 5% Burkburnett, and 3% Iowa Park, we were getting a pretty good deal to have a service that was not being any greater subsidized by any of those entities, as well as for the quality of service we were and are getting. They are more than willing at any time to let the rate we set seek the level where no subsidy is needed and it was decisions made by those governing bodies that said they did not want out of the business. Where cities run the operations the collection rates usually fall about 30% from where they are now. Heavy subsidies would be required if the City was to run the service. Councilor Martin commented that he supposed the increase in the at risk, paramedic advanced life service, rates were pretty well with the times in medical costs. City Manager 776 Item 8c:, cont'd. stated that another factor is that they try to set the rates in line with the rates reimbursed by the federal government. Their actual experience in history trails from 12-18 months, but then as that rate changes, if the overall medicare/medicaid rate, federal reimbursement rate goes up they can some way trail that. In response to Councilor Loughry' s question Mrs. Hillery informed that out of the $35,000, the City actually pays $14,700. Mayor stated that he did not have a problem with the contract but the customer service relations needs to be seriously addressed. He has received complaints from customers whose phone calls were not returned, questions were unanswered and top management was not accessible. In his opinion this company needs to train their personnel to have the ability to explain the rates to their customers and have their questions answered. In as much as this City subsidizes a part of this company we should admonish this company to look carefully at providing much better customer relations. Councilor Hawkins echoed the Mayor ' s comments and added that a public record should be made of charges of incidentals such as rubber gloves, dressings, etc. Councilor Martin asked why we were requiring them to carry comprehensive and collision insurance on the vehicles since we do not have an insured interest on those vehicles. City Manager said he would look into it. Councilor Martin commented that since we do not have an insurable interest in those vehicles it should not be a requirement. If they want to carry it, that is fine but we should not require it. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8d RESOLUTION NO. 13-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS APPOINTING SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO 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 13-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8e RESOLUTION NO. 15-95 RESOLUTION AUTHORIZING THE APPLICATION TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR A SOLID WASTE ENFORCEMENT ASSISTANCE GRANT Moved by Councilor Martin that Resolution No. 15-95 be passed. Motion seconded by Councilor Thompson. 777 Item 8e, cont'd. Mr. Edmonson informed that this is a grant application which was brought to our attention by NORTEX and the application will be to the Texas Natural Resource Conservation Commission. It will involve both the City of Wichita Falls and Wichita County and will be to enforce illegal dumping and littering in the County. It will require an interlocal agreement between the City and County. The proposal is for a $65,000 grant and will be a 50/50 match, $32,500 from the State and $32,500 from City and County. The funding support will be to minimize solid waste related citizen complaints, to strengthen investigative and enforcement capabilities, to reduce occurrences of illegal dumping, and provide an education program to discourage littering. This grant is for one year. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9a RESOLUTION NO. 14-95 RESOLUTION TO AWARD BID TO STARKS CONSTRUCTION COMPANY FOR PROJECT TO RELOCATE UTILITIES FOR KEMP BLVD. RESURFACING PROJECT Moved by Councilor Hawkins that Resolution No. 14-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9b Moved by Councilor Daniel to award bid for tables, chairs and caddys to Kruger International in the amount of $23 ,813 . 25 and Hudson Blueprint Inc. in the amount of $3 , 165 . 00 . Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10a Mr. and Mrs. Don Marlow, 1404 Bell, requested an extension to repair the structure at 1006 15th Street for storage. Mrs. Marlow requested that she individually be allowed to make the necessary repairs. This structure was on the November 15, 1994 agenda to be demolished. Mrs. Marlow stated that she has the money and is ready to begin repairs. Mayor instructed the Marlow' s to obtain a permit within 30 days and to show progress within those 30 days. Mr. King was instructed to report to the Council at the February 21 meeting on the Marlow' s progress. Mr. King stated that he would provide progress and video report on what they have done. Dorland Wheeler referred to his letter of January 10 to the Council, City Manager, Personnel Director, and Chief of Police. He stated that the intention of his appeal was to draw the City Director ' s attention to an out dated and unjustifiable, unfair, uncorrected vision standard. He has asked for the City to show 778 Item 10a, cont'd. justification for its uncorrected vision standard. He suspects that it is arbitrarily out dated and lacking in scientific support. He is asking Council to do what is right and fair. He mentioned the City of Los Angeles vision standards and the fact that when soft contacts are used to correct vision deficiency that city sets no limit on uncorrected visual acuity. He presented California' s guidelines on police officers standards and training. He said that he was not asking Council to override any hiring by Mr. Berzina or Mrs. Stricklin, but was requesting that Mr. Berzina be asked to release data of how and when the standard in place was created and to show evidence of the standard' s job relatedness. Also, he wanted answers on why soft contact lense technology does not offer reasonable accommodation, and to explain the inconsistency enforcement of the standard with regard to entry and incumbent police officers. Mayor commented that he did not think Council had the ability to direct the Civil Service Commission in something that is under their direction. City Manager stated that this City has had an eye standard for years and it has stood a lot of tests and validation by the federal government. These tests have validated our hiring standard. The real issue here is what is our validating hiring standard. Councilor Thompson suggested that Mr. Wheeler get with our Personnel Director to obtain the data he is requesting, but not necessarily to obtain any justification. Mrs. Stricklin informed that Mr. Wheeler had not asked her for that data, but he was provided the standards with his information packet and he knew in advance what the standards were. More importantly, under the Government Code, Chapter 143 an applicant can only appeal to the Civil Service Commission their physical standard, therefore, if Mr. Wheeler believed the tests were erroneous he could appeal to the Civil Service Commission, otherwise, he does not have the opportunity to appeal the standards that the Civil Service Commission has set for the applicant. By state law he does not have an avenue to pursue. Giola Ozuna, 2938 Elliott, asked if there was standardization of City signs, for instance, when signs are changed, in order for citizens to recognize them. Carol Blevins, 2813 Lavell, stated her concern was to confront the problems of a flooding situation and the observance of the Code of Ordinances. There are codes and restrictions which are mandated by the City and FEMA which have not been adhered to in the respect to the MPEC. Also, Mrs. Blevins mentioned that she had reported to the Planning Department that Chuck Dennis Realty was building a complex at Cimarron and North West Freeway and was building a tremendous retaining brick wall that is in the floodway. Mr. Dennis was not made to remove it and it is now completed. Nothing has been done to resolve this matter. Mayor clarified that in no way has the MPEC Project violated anything and the guidelines have been followed. City Manager mentioned that the major difference was not that this was a governmental function, but the fact that there is a lot more background that we are aware of, such as the site improvement plant, the quantities of total dirt removal and the fence which was replaced. The fence replacement was an improvement to free water flowage. This project is an improvement as opposed to an addition to the floodway problems we would have. Because it is a government project we have more awareness of this project than Mr. Dennis ' project. A lot of times we do not see these things until they are actually 779 Item 10a, cont'd. completed. It probably does appear, looking in from the outside, that we are not following our own ordinances, but I am satisfied that we are. Mr. Seese informed that Planning had worked very closely with the MPEC Committee on developing the site plan. He clarified that the issue was not a building but a fence in a floodway which had been replaced. If calculations come back that there is a detrimental effect to the floodway because of excavation, staff and engineers can take remedial action, and this was recognized up front. We feel we have accomplished the intent of the ordinance and are still in the process of working to accomplish that intent of coming into compliance. Mr. Clark stated that if a step has been missed remedial action can be taken, such as with Mr. Dennis. Mayor stated we are not violating our own rules. We have been aware of that floodplain from the beginning and have paid a lot of attention to it, and we think we are on the right track. Item 10b Councilor Loughry said that he had received complaints about loose pit bull dogs around the Sam Houston area and around Lucy Park. He requested that this be looked into in order to provide protection from these dogs. Mr. Edmonson informed that these situations had been taken care of. He also stated that when dogs are returned to their owners all that we can do is give citations. Councilor Martin asked Chief Harrelson to look into stricter enforcement of the signaling to turn ordinance in order to prevent accidents. Also, common courtesy needs to be practiced in signaling when changing lanes. Councilor Martin suggested that Chief Harrelson look into a test period of one month to see how many accidents occur in Wichita Falls and then one month of driving with our lights on for that same month and compare the number of accidents. Councilor Daniel mentioned a parking concern in the downtown area and asked that Mr. Parker look into the fairness of parking for buildings across the street from each other. City Manager replied that the basic implementation strategy was to get head-in parking on the streets, and comments are favorable. As far as it being fair, it is not the same because you have head-in parking on one side and parallel parking on the other side, but we did not have wide enough streets to make head-in parking on both sides. City Manager will ask Mr. Parker to look at that specific location and to report on how it is going overall. Councilor Mallonee invited everyone to attend the first event at the Multi Purpose Event Center on January 28 which will be the Kiwanis Pancake Festival. Councilor Hawkins asked if a report had been received from the state as to how far they are going on 240 with their work on their ADA standards. Mr. Bonnett replied that they will be doing only some curb ramps on the north end of 240. It has been Categorized as a rural cross section. Councilor Hawkins commented that since the smoking petition caused so much problems and discussion on the northside he has not received any feedback on anything else. If anyone has anything else they want to tell him about the northside, other than smoking, to let him know. 780 Item 10b, cont'd. Councilor Thompson commented that the Governor was being inaugurated and no matter the party affiliation we all wish him well in guiding our State. Item 10c City Manager informed Council that our TML Regional Meeting will be held January 26 in Vernon at 7:00 p.m. The City Council adjourned at 10: 58 a.m. PASSED AND APPROVED this ��day of 1995. Michael Lam, Mayor ATTEST: Lyc4a Torres City Clerk