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Min 09/01/1992 113 Wichita Falls, Texas Memorial Auditorium Building September 1 , 1992 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 David Farabee - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk J. W. Martin Absent The invocation was given by Troy Haggard, First Church of God. Mayor Pro tem Hughes called the meeting to order, stating that Mayor Lam would be slightly delayed due to a ribbon cutting. Item 3 Grady LeRoy Chaddick, Fire Department, was honored as Employee of the Month for September. Mayor Pro tem Hughes presented him with a plaque, City of Wichita Falls pin, bus tickets, a check, and tickets for a dinner. Item 4 Moved by Councilor Thompson that minutes of the meeting held August 18 , 1992, be approved. Motion seconded by Councilor Hawkins, and carried unanimously. Items 5a-e Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item 5 Minutes of the meetings of the following boards and commissions were received. a. Zoning Board of Adjustment - July 15 , 1992 b. Water Resources Commission - August 7, 1992 C. Planning and Zoning Commission - August 12, 1992 d. Board of Electrical Examiners - August 13 , 1992 e. Board of Directors, TIF Zone - August 17, 1992 114 Item 6a A public hearing was opened on paving part of an alley between Maplewood and Green Hollow, and lying North of Lake Park Drive. .Bob Seabury appeared, stating that when they build a home they try to face the garage toward the rear instead of the front. They are offering to pay for paving half of the alley. Councilor Loughry had questions about paving only half of the alley, stating that property owners have to sign a petition for alley paving. William Parker stated that the purpose of this public hearing is to determine if anyone is opposed to Mr. Seabury paving only half of the alley. Jerry Gross stated that all property owners were given written notification of this in order to express their opinions. Councilor Hawkins stated that he has a problem approving paving only half of it because of traffic. (Mayor Lam arrived at this time. ) Mr. Berzina pointed out that this is a public hearing, and not an item to be voted on at this time. 'William C. Young, 1018 Widows Lane, had a question about what the drainage runoff will do to the properties involved, and Jimmy Moses asked about property boundaries and maintenance of property between the sidewalk and the street. 'The public hearing was closed. Item 7a A proposed ordinance was presented amending Chapter 14 of the Electrical Code at Section 14-36, Subsection (B) ( 3 ) . A motion was made by Councilor Farabee, and seconded by Councilor Thompson, for its passage. Councilor Hawkins stated he had been contacted by about a half dozen master electricians concerning changing of this ordinance. He stated that he had to go along with the Board of Electrical Examiners to not change the ordinance. He feels this would weaken the position of the City with regard to electrical contractors. Roger McKinney confirmed that the City is the licensing authority, and the State does not regulate electricians. Mr. Potts confirmed that the City does not have an electrical contractor license, and that any master electrician can become a contractor. Mr. Berzina addressed the situation where the electrician is employed by another business, stating this ordinance addresses that situation. Councilor Thompson commented that it seems this ordinance deals with restraint of commerce. Other discussion continued with Mr. Humbach stating that this allows the master electrician who does the work personally to become an electrical contractor without being in the full time business of an electrical contractor. Mayor Lam stated that it seems to boil down to whether we are registering someone with technical ability to operate in this community. The motion failed by the following vote. Ayes: Mayor Lam, Councilors Farabee and Thompson Nays: Councilors Loughry, Hughes, and Hawkins Item 7b ORDINANCE NO. 66-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS WAIVING SECTION 27-5 OF THE CODE OF ORDINANCES FOR THE PURPOSE OF ALLOWING THE GOODYEAR TIRE AND RUBBER COMPANY STORE AT 1108 INDIANA STREET TO CONDUCT A SIDEWALK SALE FROM SEPTEMBER 15-21, 1992; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 115 Item 7b, cont'd. Moved by Councilor Hughes that Ordinance No. 66-92 be passed. Motion seconded by Councilor Farabee, and carried by the jfollowing vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 7c ORDINANCE NO. 67-92 AN ORDINANCE MAKING APPROPRIATION FROM T.I .F. FUNDS IN THE AMOUNT OF $11 , 354 FOR PARTICIPATION IN THE COSTS OF IMPROVEMENTS CONSISTING OF FENCING AND LANDSCAPING IMPROVEMENTS FOR THE RAILROAD MUSEUM AND AUTHORIZING PAYMENTS TO THE WICHITA COUNTY HERITAGE SOCIETY FOR THE SAME Moved by Councilor Hughes that Ordinance No. 67-92 be passed. Motion seconded by Mayor Lam. George Kelsey asked about the total amount in the TIF fund, and Mr. McKinney noted that Mr. Werner had indicated around $60, 000. Ken Lowe, a board member of the Heritage Society, explained to Councilor Hawkins that the Route Building is not part of the Railroad Museum. Gayla Morris explained that the Route Building would be a pivotal part of the development of the Depot Square area. They still do not know what it will be used for, but it is not a part of the Railroad Museum. She further stated that the Heritage Society owns the fencing and track, but not the cars. They do have the right of first refusal on the cars if at some time the Railroad Museum requests them to purchase them. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 7d ORDINANCE NO. 68-92 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1 , BLOCK 37, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Farabee that Ordinance No. 68-92 be passed. Motion seconded by Councilor Hughes. William C. Young, 1018 Widows Lane, stated he did not want this waived if it concerns water detention. William Parker explained that this is five acres with one house, and it will be used for farming. This was requested by the property owner, and is located in the extraterritorial jurisdiction. This waiver will not allow them to subdivide or become commercial. Mr. Berzina also noted ordinance provisions which require council action or a waiver. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: None 116 Item 7e ORDINANCE NO. 69-92 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR I�OT 1, BLOCK 2, MARGARET RAMSEY SURVEY, A-471 Moved by Councilor Farabee that Ordinance No. 69-92 be passed. Motion seconded by Councilor Hawkins. Bill Parker noted the area of drainage. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Win, Hughes, and Hawkins Nays: None Item "7f ORDINANCE NO. 70-92 AN ORDINANCE AMENDING CHAPTER 24, SECTION 24-21 (a) , CITY OF WICHITA FALLS CODE OF ORDINANCES, AND INCREASING THE NUMBER OF CLASSIFIED PERSONNEL IN THE POLICE DEPARTMENT Moved by Councilor Hawkins that Ordinance No. 70-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item '7g ORDINANCE NO. 71-92 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES AND RESOLUTION WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF STATE HIGHWAY 258, ADJACENT TO THE SOUTH LINE OF LOT 1, BLOCK 2, MARGARET RAMSEY SURVEY, A-471 Moved by Councilor Hawkins that Ordinance No. 71-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, - Hughes, and Hawkins Nays: None Item 8a RESOLUTION NO. 135-92 RESOLUTION APPROVING THE MODIFICATION OF THE TAX COLLECTION CONTRACT WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT Moved by Councilor Hawkins that Resolution No. 135-92 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. 117 i Item 8a, cont'd. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 8b RESOLUTION NO. 136-92 RESOLUTION TO REJECT BIDS FOR 1991-92 BUDGET UTILITY IMPROVEMENTS PROJECT, PHASE II Moved by Councilor Hughes that Resolution No. 136-92 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 8c RESOLUTION NO. 137-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE MULTI-PURPOSE EVENT CENTER AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hughes that Resolution No. 137-92 be passed. Motion seconded by Councilor Farabee. George Kelsey, 213 Austin, asked if this property would be purchased by the City and sold to another, and Mayor Lam stated that it would not be sold to anyone else. He stated that a committee is being formed to assist in relocation. Mr. Berzina pointed out that it is important to understand what this action does, stating a process is set up to establish what a fair price is , and to make that offer. Appraisal is the first step. It is the property owner' s right to show the appraiser all improvements which they have made. They can negotiate or go to court with three condemnation persons. Either party has the right to take it to the next step, which is to go to court in front of a judge and jury. The process guarantees a fair hearing. The City will try everything possible to make it as easy and fair as possible. Councilor Hawkins commented they want to be fair to them and other citizens, also. He stated that the real estate community will also be involved. Mayor Lam noted that this ordinance was being discussed because the City voted more than sixty percent in favor of it. Jimmy Moses, 305 Bluff, mentioned offers which had already been made. It was stated that no offers had been made, and cannot be made until this ordinance is passed. Mayor Lam stated the property owners would be treated as fairly as they can, and as the law allows. A meeting is scheduled for Thursday night to explain the process to the homeowners. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: None 118 Item 8d A proposed resolution was presented authorizing the Mayor to execute a consent to assignment to RWH Enterprises, Inc. , regarding the Sears Building. A motion was made by Mayor Lam for passage of the resolution, but died for lack of a second. Item 9a RESOLUTION NO. 138-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS TO CONVEY TITLE; 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. 138-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins ` Nays: None Item 9b RESOLUTION NO. 139-92 RESOLUTION TO AWARD BID TO POTEET, INC. OF WICHITA FALLS FOR 1991-92 BUDGET UTILITY IMPROVEMENTS PROJECT, PHASE I Moved by Councilor Hughes that Resolution No. 139-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: None The City Council recessed at 10: 10 a.m. , and reconvened at 10: 25 a.m. Item 10a Chuck Dennis, Chairman of the Storm Water Detention Task Force, presented the report to the Council on storm water detention. He stated that the task force made previous '° recommendations which were not adopted by the Council, and which are not a part of the present ordinance. During this period of time there was no development going on in the city. Plats did not come forward because of storm water detention. In March of this year the requirement for storm water detention was suspended for 120 days. It was the unanimous decision of this Council to suspend this ordinance for this period of time. He explained that detention is one of the means to control storm water runoff. You are trying to retain rain water on site for a period of time in some type of facility. Lynwood lake is one, and there is one near the Food Lion on Fairway. It will not solve any existing flooding conditions in Wichita Falls. Retention is only going to help reduce sizes of channels. The current ordinance requires a more stringent runoff rate than what happens on raw land. It was felt that liability for this 119 Item 10a, cont'd. should be with the public sector. The current ordinance does not make this requirement. Holliday Creek and McGrath Creek should be pursued with all diligence, which has been done. The reconvened task force looked at all these issues. They looked first at the ordinance itself. Developers would not be held accountable for this liability. Economics was more of an issue this time than last time. They grappled with the issues of who pays for this storm water detention control. He stated they need to focus on the end user. They will be paying for these for the benefit of the entire citizens of Wichita Falls. They also wrestled with the commercial purchaser, and the fairness of him paying for this public improvement control. As a result of federal legislation some questions were raised. With EPA and the endangered species act he saw many cases come forward of projects that were shut down because of regulations that continued to come down on endangered species and the wetlands. These things have potential costs which we do not know. He also noted that the clean water act protection control may be an economic burden. Everyone was in agreement that no one wants to pay for flood control. They recommend that we continue commercial detention with private maintenance, and exclude sites of one acre or less. The major concern that the commercial has is liability. The second recommendation is that they not require detention in the subdivisions. The reasons are safety factors of families, and maintenance. It will create health problems if they are not maintained. The cost benefit ratio in a residential setting is not the same in a commercial setting, such as a parking lot. The third recommendation of the task force is a comprehensive drainage and channelization study for the entire city. This will not be inexpensive. There is no quick fix to flooding in Wichita Falls. Cost has to be balanced with the detention setting. The task force opted for channelization in a residential setting. Development will continue if you have detention, but development of certain types of property will not be cost effective. No development was done from 1988 to 1991. The General at Sheppard is continuing to ask if the developers will be able to provide housing for those coming into Sheppard. Mr. Dennis stated that his company is 54 years old and third generation builder/developer. A lot of development in Wichita Falls will cease if this ordinance is left as it is. He stated that none of his subdivisions flood, and none have detention. The task force voted on what is best for the City of Wichita Falls. They believe the channelization study is a necessity. Mayor Lam thanked Mr. Dennis for this report on behalf of the Council, stating that the Council will take no action today except to receive this report. Alex Warschaw, 4517 Shady Lane, addressed concerns of Tanglewood home owners. He stated that he had a discussion with FEMA yesterday morning, stating that his flood insurance would not be affected by a new subdivision. He feels the final report of the committee does not reflect many of the feelings of those who appeared before them. He stated that the report is not much different than what was submitted in 1988 . He left letters from Lee Williamson, President of Tanglewood Home Owners, for each council member. He stated that since 1985, the City has spent more than eleven million dollars for corrective measures. He stated that detention will not solve problems in Wichita Falls, but it will prevent them in the future. They are concerned about quality of life of future generations, and they would be willing to pay. Mayor Lam suggested that the Council be ready to give staff direction on this matter at the next Council meeting. Councilor Thompson also requested that Mr. Bonnett review this ordinance before the next meeting. He suggested a possible study on this. Councilor Loughry stated he was not contacted about this meeting, but was contacted about another meeting. Mr. Warschaw 120 Item 10a, cont'd. indicated he had tried, but found him not at home. Mr. Berzina commented on Holliday Creek, McGrath Creek, and Plum Creek, stating one of the first things we have to do is improve the streams which this water goes into. These are on- going studies. Item 10b John Adams appeared regarding his previous request of Hayes Street access. He would like to see this made a full city street. He stated he is willing to pay for curb to curb and asphalt for this street at no cost to the City. William Parker, City Engineer, stated it would cost approximately $21,000 if the Council chose to approve this request. Mayor Lam noted that a petition is needed from the property owners in this area, and then a public hearing on the advisability of paving. The Council needs to hear from other property owners on the street. It was noted that Mark Wilson has a drapery shop at the end of this street, and there is also a home to the West. Mayor Lam suggested that Mr. Adams check with Mr. McKinney and Mr. Parker for proper procedures. Bobby Schmitz, 2914 9th Street, objected to widening the street, stating that 98 percent of the traffic that goes down this street is either himself or Mr. Wilson to the drapery shop. Martha Wilson, wife of Mark Wilson, stated they are neutral in this situation, and requested the Council to look at it. She stated the traffic flow has changed, along with construction and visibility. Councilor Hawkins asked about encroachments on city property, and Mr. Parker stated they have not checked it for a structure in the right-of-way. Item 10c Councilor Loughry mentioned trash on Lawrence Road, inquiring about an ordinance that controls tie downs. Councilor Loughry requested discussion of the merits of the First Responder program. Mayor Lam requested information from the Fire Chief, stating he feels this should be an action item on the next agenda. Councilor Hughes confirmed that we will not be voting on storm water detention at the next meeting. It will only be to give direction following discussion. Councilor Farabee asked about Fallsfest waivers, and Mr. Dockery explained it will be on the next council meeting. Councilor Hawkins thanked the city for their support on the Shriner 's barbecue cook-out. Councilor Thompson commented on the multi-purpose events center and storm water detention. Mayor Lam pointed out that it is time for the Council to step aside, and let the staff proceed with their work on the events center. He stated that the Council does not need to be 121 Item 10c, cont'd. involved. A committee will soon be formed to assist the homeowners with relocation. The Council does not need to be interfering with the staff ' s process, and let them get this land acquired. He encouraged the Council to be active, but urged caution in becoming involved in the staff ' s work. Item 10d Mr. Berzina handed out a memo on Hayes Street. Roger McKinney announced a flood plain committee meeting on September 9, following the meeting of the Planning and Zoning Commission. Representatives will be here to go over the new flood plain maps. A public meeting will be held, and after that the City will be required to adopt an ordinance. Jim Dockery reported on a golf course audit, stating they will have a contract renewal on December 31, 1992. They have received a proposal from Mathis, West, Huffines to do this audit for $5000, from current year funds. They will take the 1991 financial statements the City has received, and verify that they are accurate. Mayor Lam and Councilor Hughes agreed on the need for it. Jack Murphy reported on the proposed nature center at Lucy Park, stating the Junior League is coordinating this project. Charles Harper has volunteered his services to this project, along with twelve students from Texas Tech. The City is committed to the dining portion. The Junior League will promote fund raising. The price for the whole facility is still $300,000 to $500, 000. Mr. Berzina handed out a report on drug enforcement. He noted a document which Barry Macha had left with him. He noted that Mr. Macha plans to give high priority to drug cases. He also handed out a seatbelt report. The City Council adjourned at 12: 10 p.m. PASSED AND APPROVED THIS ��Gt/ DAY OF 1992 . ram: Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk