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Min 12/20/1994 749 Wichita Falls,Texas Memorial Auditorium Building December 20, 1994 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 Terrance E. Loughry - Councilors Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Leon Mallonee - Absent Mayor Lam called the meeting to order. The invocation was given by Mayor Lam. Item 3 Moved by Councilor Martin that the minutes of the December 20, 1994 meeting be approved. Motion seconded by Councilor Daniel and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Items 4a-6c Moved by Councilor Martin that the Consent Agenda be approved. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 4a RESOLUTION NO. 201-94 RESOLUTION AUTHORIZING THE WICHITA FALLS POLICE DEPARTMENT TO PURCHASE AND OPERATE THREE PORTABLE CELLULAR TELEPHONES FROM CRIMINAL INVESTIGATION FORFEITURE FUNDS 750 Item 4b RESOLUTION NO. 202-94 RESOLUTION AUTHORIZING THE WICHITA FALLS POLICE DEPARTMENT TO PURCHASE SOME SPECIALIZED POLICE EQUIPMENT FROM SEIZED CONFISCATED FUNDS Item 4c RESOLUTION NO. 203-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING NECESSITY FOR ACQUISITION OF P., UTILITY EASEMENT ON THE KELL ACCESS ROAD, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 5a RESOLUTION NO. 204-94 RESOLUTION TO ACCEPT THE WATERFALL PUMP REPLACEMENT PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Item 6 Minutes of the following boards and commissions were received. a. Planning and Zoning Commission, November 9, 1994 b. Wichita Falls Park Board, December 1 , 1994 c:. Commission on Human Needs, December 5 , 1994 Item 7a ORDINANCE NO. 153-94 AN ORDINANCE CLOSING, VACATING AND ABANDONING STREETS, ALLEYS AND EASEMENTS IN THE ORIGINAL TOWNSITE AND THE CRITTENDON ADDITION, FOR MPEC SOUTH ADDITION, WICHITA FALLS, TEXAS, AND RESERVING CERTAIN UTILITY EASEMENTS; 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 Ordinance No. 153-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7b ORDINANCE NO. 154-94 ORDINANCE AMENDING ORDINANCE 88-93 TO PROHIBIT ANIMALS FROM ORNAMENTAL FOUNTAINS OF THE CITY Moved by Councilor Martin that Ordinance No. 154-94 be passed. 751 Item 7b, cont'd. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7c ORDINANCE NO. 155-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ARTICLE II, SECTIONS 3- 16 THROUGH 3-36 OF THE CODE OF ORDINANCES IN THEIR ENTIRETY; AMENDING SECTION 6400 OF THE ZONING ORDINANCE TO INCLUDE SUCH AMENDMENTS IN THE ZONING ORDINANCE; PROVIDING FOR THE APPLICATION AND ENFORCEMENT OF BUILDING CODES AS APPLIED TO THE CITY OF WICHITA FALLS FOR AREAS OUTSIDE THE CITY LIMITS OF WICHITA FALLS, BUT WITHIN THE 65 DECIBEL CONTOUR OF A NOISE ZONE AS SHOWN ON THE MOST RECENT AICUZ STUDY FOR SHEPPARD AIR FORCE BASE; PROVIDING A REPEALER CLAUSE; DECLARING A STATE OF EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 155-94 be passed. Motion seconded by Councilor Martin. Glen Weeks, 938 FM 1740, objected to this amendment and said that neither the original ordinance or the amendment were needed. He said the 300 to 400 citizens he spoke to felt like they were being pressured, and it was not that they objected to the airplanes, but to having the ordinance put on them and telling them what they could do. The 181 ordinance says that HUD and FHA do not have to loan money in that area, and if they do not loan money in that area why would local lending institutions want to do it. Without loans what do we have? Damaged goods and damaged property that will not sell. The noise level is extremely loud. If you put conditions on us about the building and money, it breaks us physically and monetarily. We do not mind the airplanes going over us because it is for our protection, but it is difficult for some of us to stand for the City and the county getting all the advantage. The loans are our main concern. You are taking our Constitutional rights. You are putting mandates over us that are hard to stand. We do not think you need the airport zoning area. The federal government should have come in and bought what they needed instead of messing with us. The people in town do not know that your last packet of information included that we were responsible for any damage to our property. Why should you subject everyone in Wichita Falls to a statement like that? If we could find some way that we could make you guilty of it we would probably do it. You did not do us right because we did not have a vote on this and you voted this airport zoning in and we did not have a vote one. The property out there is not very expensive but 90o is paid for, but that has nothing to do with the price. We moved there to stay there and we intend to stay , but, we hate to stay there forty years and get it paid for to find out that it is not worth ten cents on the dollar. We would like some help with it. Mayor stated that the cities in this state had the extra territorial jurisdiction to protect their boundaries to make sure orderly development and life was conducted within their jurisdiction. The authority is there for the city to do it and we are not taking some unusual authority in the passing of this ordinance. 752 Item 7c, cont'd. City Manager commented that it was his understanding that the clause about paying damages has been removed and is not in the ordinance being considered today. The vote was approved by the people in 182 and ' 83 . I think this council is just following the will of the people. A. citizen stated that this affects the county and the county had no vote in whether we would be in this jurisdiction, and she does not care if it is the city' s domain. When you take property from the people they should be compensated for it. City Manager said that the intent of this is not to take property but to make sure that other property is not developed accordingly. Same citizen commented that it is very unnecessary and it seems to them that because of Council and Staff' s position of authority that the citizens are supposed to take whatever Council dictates. Mayor commented that SAFB is a viable part of this community and certainly they need to be protected in this matter and the City should be proceeding to also protect their interests. Eva Mae Emmert, lives at the end of the long runway. The government bought her air rights and the rest of her farm is not under air rights; she can farm it and graze it. Under this ordinance she cannot do any more than before. She complained that she had not been justly compensated. Councilor Hawkins informed her that she received compensation when she sold her air rights and she needs to complain to the federal government not to Council. This ordinance has nothing to do with that. Mr. Clark stated that the principal change was to identify the 65 decibel area and within that boundary someone can build, but they should construct the building to have sound insulation. Mrs. Emmert said she was in the 80 decibel. Mr. Seese stated that commercial can be built in the 80 decibel but not residential. Mayor told Mrs. Emmert that her concern about compensation was between her and the United States Government of the Air Force. Councilor Martin stated that this had been tried in the court:; before and it had been upheld that this did not violate anyone ' s rights. Councilor Hawkins stated that he supports the option which allow: for an Airport Zoning Board and an Airport Zoning Board of Adjustments. Mr. Seese gave a brief history of airport zoning in the City. Councilor Hawkins moved that Option Three of the Airport Zoning Board of Adjustment be adopted. Motion seconded by Councilor Thompson. Councilor Hawkins said that he wanted to change his motion to Option Two because he wanted both the Airport Zoning Board and the Airport Zoning Board of Adjustments to be comprised of citizens who reside outside the City and within the affected area. Councilor Hawkins so moved. Mr. Clark clarified that there were three options: One)Has the City Planning and Zoning Commission as the Airport Zoning Board and the City' s Zoning Board of Adjustments. Two) Has a new mixed board for both of them. Three) Has the City' s Planning and Zoning Commission for the Airport Zoning and a mixed board for the Board of Appeals. Mayor restated Councilor Hawkins amended motion to adopt Option Two. Councilor Thompson withdrew his second on Councilor Hawkins amended motion. Amended motion died for lack of a second. 753 Item 7c, cont'd. Moved by Councilor Martin to adopt Ordinance No. 155-94 with Option Three. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, and Martin Nays: Councilor Hawkins Councilor Hawkins noted that it was his committee that made the other recommendation and it was the Planning and Zoning Commission that made the recommendation to consider Option Two. Item 7d ORDINANCE NO. 156-94 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE WEST LINE OF GOODMAN ROAD, ADJACENT TO THE EASTLINE OF LOT 2, BLOCK 37, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Martin that Ordinance No. 156-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7e ORDINANCE NO. 157-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF GOODMAN ROAD, ADJACENT TO THE EAST LINE OF LOT 2 , BLOCK 37, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Martin that Ordinance No. 157-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 7f ORDINANCE NO. 158-94 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Thompson that Ordinance No 158-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. 754 Item 7f, cont'd. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8a RESOLUTION NO. 205-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE THE NEW TRADEWINDS MOTOR HOTEL AS AN ENTERPRISE ZONE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF COMMERCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW M Moved by Councilor Martin that Resolution No. 205-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8b RESOLUTION NO. 206-94 RESOLUTION TO EXPEND CITY FUNDS FOR REPAIRS OF KESSLER FOUNTAIN Moved by Councilor Daniel that Resolution No. 206-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 8c RESOLUTION NO. 207-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO MODIFY AN INTERLOCAL COOPERATION AGREEMENT WITH WICHITA COUNTY FOR THE MAINTENANCE OF CERTAIN COUNTY VEHICLES, SELLING OF FUEL AND JOINT VEHICLE BIDDING; 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. 207-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 755 Item 8d RESOLUTION NO. 208-94 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM OF CORLETT, PROBST & BOYD, INC. FOR ENGINEERING SERVICES RELATED TO CONSTRUCTION OF A BELT PRESS DEWATERING FACILITY AT THE RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Thompson that Resolution No. 208-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9a Moved by Councilor Martin to award the bid for a telescoping boom excavating and grading machine to AIS Continental, in the amount of $147, 000. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9b Moved by Councilor Martin that bid for two (2) , 15, 000 GVW cab and chassis be awarded to R.L. Anderson, Inc. , in the amount of $56,057 . 08. Motion seconded by Councilor Daniel. Mr. Robert Parker corrected page 2 of the bid tabulation information stating that the bid had not been submitted by Herb Easely Chevrolet but by Hendrix G.M.C. of Austin, Texas. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9c RESOLUTION NO. 209-94 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE REROOFING OF HANGAR NO. 3 AT THE WICHITA FALLS MUNICIPAL AIRPORT PROJECT Moved by Councilor Martin that Resolution No. 209-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 756 Item 10a Creston Priddy, Archer County, brought up an issue that had been discussed at last council meeting regarding changing his 40 foot building into a residence, which cannot be done because it is not: covered by ordinance. He also brought up the hardship clause that discourages outside investors. It was brought up that this had already been before the Planning and Zoning Board and had been denied. Mayor stated that Council had done all it could do and nothing further could be done without the overall damage to their ability to regulate the City. Alan Palmatary, 5300 Summit, is in the wrecker and towing business and is an equipment dealer. He expressed his concerns about the towing industry. He said that late model cars were not being handled properly and the proposed contract concept was out of the question. He stated that the proper and efficient way to handle these cars was with car carriers. Donald Melton, Donnies Body Shop, owns a wrecker and has a car carrier and he has concerns with the proposed contract. He would like to have input from the police officers or the Council. His concerns are the following: 1 ) rates and the charge time beginning 60 minutes after the call is received, 2 ) he does not have a problem with the equipment, he feels that a one ton truck can handle a 4,000 pound car, 3 ) the $35 per wrecker charge for radio system maintenance; he does not mind paying for radio maintenance but he does not think it is justified to charge for 5 or 6 trucks at $35 each; it does not take that much to maintain a radio system, 4) workers compensation should be as an option, 5) the requirement for a fidelity bond and public liability insurance, how can one offset the other. They are two different things. He would like to see the fidelity bond requirement be taken out. Councilor Martin stated that the cargo towing insurance should. be increased from $25, 000 to a minimum of $50,000 with the possibility of $100,000 . Councilor Martin will look into the cost of this increase. Other concerns mentioned by Mr. Melton were 6) the insurance coverage of vehicles stored on the City impound yard. He feels they should have to cover only those vehicles at their own storage facility. 7) the billing regarding vehicles which have been abandoned; wrecker service should be paid upon completion of their work. Mayor commented that he had some problems with the proposed contract regarding the issues which have been brought up today. Councilor Hawkins asked if the City Manager could enter into a personal services contract for ninety days with one towing service while these problems are worked on. City Manager was concerned that this would be showing partiality to the bidding process. He thinks that Council would be circumventing the law. You always have the option to reject the bids. We could work on this today and prepare an addendum. Mayor asked that Mr. Melton, Mr. Palmatary, Councilor Martin, City Manager, City Attorney and Police Department work to get. this taken care of today. Rosemarie Carr, Officer of the Wichita East Volunteer Fire Department, requested that bingo halls be exempted from the no smoking ordinance. Mayor stated that Council would take that into consideration. There needs to be some fine tuning done on this and he asked that she put her request in writing to the City Manager or City Attorney in order to handle these requests at one time instead of one at a time. 757 Item 10a, cont'd. Mr. Palmatary requested that a police officer be on the wrecker committee. Mayor informed that the Chief of Police or his representative would be on the committee. Councilor Loughry wished everyone a Merry Christmas. Councilor Martin wished all the citizens a safe and happy holiday season. He expressed his appreciation to the staff and employees, and the citizens for the beautiful lights and Christmas decorations. He asked that the citizens wave or honk to city crews during the holidays to express their appreciation for a job well done. Merry Christmas to all. Councilor Daniel echoed Councilor Martin' s comments and expressed his appreciation to city employees who have to work during the holidays such as the police and fire departments and city crews. Councilor Hawkins wished the citizens a merry Christmas and a happy new year. He mentioned that we are going into a legislative year and there are several issues which need to be addressed such as the open meetings act, election on the first Saturday of even numbered years, sexually oriented businesses, hotel/motel tax, and same day registration to vote. We need to contact our legislators on all these issues. Councilor Thompson mentioned the blessings received throughout the year such as the camaraderie between the Staff, employees and Council. We have many challenges to face in 1995 but I am confident that the citizens of Wichita Falls will be able to do that. God has given us some of the finest people in west Texas that you will find anywhere and that is one of the greatest Christmas gifts that we can share, the friendship and the strength that we give each other. I am thankful for everything we have here in Wichita Falls and the wonderful people who live and work here. He expressed his appreciation for the opportunity to be a part of this great adventure. Mayor echoed Councilor Thompson' s sentiments and wished everyone a very merry Christmas and a happy new year. We look forward to 1995 in working with the Staff and making Wichita Falls a better place to live. He also encouraged everyone to be thankful especially on Christmas eve for all the City workers who make our holiday season so enjoyable. Merry Christmas to everyone! Item 10b City Manager reminded Council that February 6 would be the TML legislation briefing. Additional legislation information will be given to you as we receive it. George Bonnett has been informed that the state and federal monies are ready to go into the Kemp Street project and we are looking for match funds which is about $250,000. The project is from Kell to Ninth on Kemp. The investments of the City are in Tex Pool, and our funds are safe and not at risk at this point. We will continue to monitor the situation. City Manager expressed his appreciation to the Council for good service and really good government for the citizens. We have enjoyed working with you and look forward to an even better year next year. Our city is on the crest of good development and a lot going on, and no small part comes from right here and we appreciate it very much. Mayor Lam invited everyone to participate in the Christmas cheer celebration in the back room. 758 The City Council adjourned at 10: 35 a. . PASSED AND APPROVED this day of CL��(�c.�� , 1995 . Michael Lam, Mayor ATTEST: p Lyd' a Torres Ci Clerk