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Min 10/01/1991 784 Wichita Falls, Texas Memorial Auditorium Building October 1, 1991 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 - J. W. Martin - Don Kirkham - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Patricia Anderson, Unity Church. Item 3 Antonio Smith, of Parks and Recreation Department, was honored as Employee of the Month for October. Mayor Lam presented him with a plaque, City of Wichita Falls pin, a check, bus ticket, and tickets to a theatre and dinner. Mayor Lam presented a proclamation to the North Texas Restaurant Association Taste of the Town. Item 4 Moved by Councilor Thompson that minutes of the meeting held September 17, 1991, be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 5a - 6f Item 6a was moved to the regular agenda. Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None 785 Item 5a RESOLUTION NO. 159-91 RESOLUTION ACCEPTING THE DARE PROJECT GRANT AWARD FROM THE TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE Item 6 Minutes of the meetings of the following boards and commissions were received. b. Commission on Aging - September 4 , 1991 c. Commission on Disability - September 9, 1991 d. Planning and Zoning Commission - September 11, 1991 e. Board of Electrical Examiners - September 12, 1991 f. Civil Service Commission - September 18, 1991 Item 6a Moved by Councilor Martin that minutes of the meeting of the Traffic Commission held August 7, 1991, be received with the correction in spelling of the work "Councilor" . Motion seconded by Councilor Hughes, and carried unanimously. Item 7a ORDINANCE NO. 88-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON SPRING LAKE ROAD ADJACENT TO THE WEST LINE OF LOT 1, G. S. OLIVER ADDITION Moved by Councilor Hughes that Ordinance No. 88-91 be passed. Motion seconded by Councilor Thompson. Mr. Bonnett noted a residence is being constructed outside the city limits within the extraterritorial jurisdiction. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7b ORDINANCE NO. 89-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE FOR PURPOSES OF FUNDING THE D.A.R.E. PROJECT FOR THE SECOND YEAR Moved by Councilor Kirkham that Ordinance No. 89-91 be passed. Motion seconded by Councilor Farabee. i 786 Item 7b, cont'd. Chief Harrelson commented on the success of this program, stating they hope to expand it next year to include more schools. The fifth grade is being targeted. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7c ORDINANCE NO. 90-91 AN ORDINANCE AMENDING THE WICHITA FALLS CODE OF ORDINANCES, APPENDIX C (ZONING ORDINANCE) , SECTION 4220 (I ) TO ALLOW CARPORTS IN THE FRONT AND EXTERIOR SIDE SETBACK AREAS Moved by Councilor Kirkham that Ordinance No. 90-91 be passed. Motion seconded by Councilor Martin. William C. Young, 1018 Widows Lane, and Velda Padilla, 1606 Phoenix, supported the ordinance. Councilor Thompson noted certain reservations about supporting this ordinance, yet recognizing the possibility that it may be desired in some neighborhoods. Mr. McKinney explained that the ordinance before the Council would be to consider it as a conditional use. He stated that the twenty percent objection does not apply in a conditional use process. Councilor Kirkham stated he is not totally satisfied with the ordinance we now have, nor with the one proposed. Mr. McKinney explained interior, exterior, and front setbacks. Alley access was defined. Councilor Kirkham proposed that it be further defined to improved alley access. He would prefer an ordinance which requires it to be a conditional use. Moved by Councilor Kirkham that the ordinance be changed to all weather vehicular access. Motion seconded by Councilor Farabee. Councilor Farabee explained that he supports this ordinance, stating he believes it would be up to the citizens to bring out any violations of deed restrictions in the hearings. Carports can now be built if they go through the Zoning Board of Adjustments and Appeals. If it is disapproved by them and someone builds one anyway, he hopes the Zoning Board of Adjustments would fine them to the fullest extent of the law. Councilor Hughes asked about the record of appearances at the Zoning Board of Adjustments and Appeals. Mr. McKinney explained that since 1985 there have been ten appeals. Two were approved, seven denied, and one withdrawn. He further explained that when people ask what their chances are of getting it approved by the Zoning Board of Adjustments and Appeals, they feel obligated to explain the track record to them. The Zoning Board of Adjustments is a quasi-judicial authority, and an appeal from that Board would have to go to the District Court. 787 Item 7c, cont'd. Following a question from Councilor Hughes to Councilor Farabee on his support, he stated that devaluation of property and safety were mentioned. He did not see safety to be a factor, and on devaluation of the property, it comes through the conditional use process. He does not believe anyone would initiate a carport in a neighborhood where there are none. Councilor Hughes also expressed that he has a problem with the definition of alley access, stating the issue seems to be waiving building in the setback. Councilor Martin expressed concerns with safety, but favored the conditional use process. He noted that the Fire Department is concerned with blocked visibility. Councilor Loughry stated that most people he has talked to want the carport in the front, and he favors carports. Mayor Lam explained that development of a lot in this city will not be approved unless a 25-foot front setback is designated. This is done for a purpose, and the purpose does not change. It is for safety, aesthetics, and protection of property. When you have a neighbor who violates this setback line, you offend and disregard the rights that you had. Deed restrictions are absolutely not to be considered. The City does on not enforce deed restrictions. He feels it is an ill advised ordinance. Property rights of the people around them are not considered. We have no way to control how it looks. We will go through the same process with carports as we do with other things, such as curb and gutter. We now have a process which should be used. The motion for the amendment carried by the following vote. Ayes: Councilors Farabee, Loughry, Thompson, Martin, and Kirkham Nays: Mayor Lam and Councilor Hughes The Ordinance, as amended, carried by the following vote. Ayes: Councilors Farabee, Loughry, Thomspon, Martin, and Kirkham Nays: Mayor Lam and Councilor Hughes Councilor Martin and Mayor Lam disagreed on whether a member of this Council should appear before a board or commission supporting or opposing a matter. Item 7d ORDINANCE NO. 91-91 AN ORDINANCE REZONING A 1. 44 ACRE TRACT OF LAND AT 4502 CALL FIELD ROAD (TRACT 4, BLOCK 15 , DENTON COUNTY SCHOOL LANDS, LEAGUE 1) , WICHITA FALLS, TEXAS FROM LIMITED COMMERCIAL (LC) ZONE, TO GENERAL COMMERCIAL (GC) ZONE (R-91-07) Moved by Councilor Farabee that Ordinance No. 91-91 be passed. Motion seconded by Councilor Hughes. Rice Williams, from Irving, Texas, represented the developer of this property for a supermarket, in the event questions were asked. 788 Item 7d, cont'd. Mr. Humbach explained that six votes are needed for approval of this ordinance because 20. 56 percent of the property owners objected. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7e ORDINANCE NO. 92-91 AN ORDINANCE AMENDING THE WICHITA FALLS CODE OF ORDINANCES, APPENDIX C (ZONING ORDINANCE) , SECTION 3420B CONCERNING HOURS OF OPERATION IN A LIMITED COMMERCIAL ZONE Moved by Councilor Martin that Resolution No. 92-91 be passed. Motion seconded by Councilor Hughes. Mr. McKinney explained that this ordinance extends the hours of operation by one hour for all limited commercial zones in the city. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7f Discussion was held on a proposed ordinance transferring funds to the Police Department to increase the salaries of the public safety dispatchers. Mr. Berzina explained the background and purpose of this ordinance on the agenda, stating that the problem seems to isolate itself to the Trainee and Dispatcher I . Two options are presented for either one or none. He explained that this goes beyond what was presented in the budget. Mrs. Stricklin concurred that the upgrades were most definitely needed in the Trainee and Dispatcher I positions. If we move the bottom up, there will be no need for the training in Dispatchers II and III . She explained the duties of each level of dispatchers, and the hourly rates paid by other entities. She pointed out that smaller cities would hire them as soon as they are trained. She stated we have already had more inquiries since the budget was approved than prior to that. She would like to review this situation for a year to establish a baseline to draw from. Following other comments and suggestions by the Council, Mrs. Stricklin was directed to bring this matter back to the Council at the end of six months. The two options both died for lack of a motion. 789 Item 7g This item died for lack of a motion. Item 7h ORDINANCE NO. 93-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON F.M. HIGHWAY NO. 1740 ADJACENT TO THE SOUTH OF LOT 1, BLOCK 1, BUNNY'S SUBDIVISION Moved by Councilor Hughes that Ordinance No. 93-91 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None " Item 7i ORDINANCE NO. 94-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (A) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON RIVER ROAD ADJACENT TO THE SOUTH LINE OF LOT 1 , BLOCK 1, FRERICH ADDITION Moved by Councilor Hughes that Ordinance No. 94-91 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7j ORDINANCE NO. 95-91 ORDINANCE WAIVING SECTION 22-1(A) (2) AND SECTION 22-1 (A) ( 9) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS AND SIGNS AND RESERVATION OF JAYCEE PARK FOR A SINGING EVENT ON OCTOBER 5, 1991 Moved by Councilor Thompson that Ordinance No. 95-91 be passed. Motion seconded by Councilor Hughes. Jack Murphy explained that the Park Board considered and approved it. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham 790 Item 7j , cont'd. Nays: None The City Council recessed at 10: 10 a.m. , and reconvened at 10: 26 a.m. Item 8a RESOLUTION NO. 160-91 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #1750-071-0000 Moved by Councilor Farabee that Resolution No. 160-91 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9a RESOLUTION NO. 161-91 RESOLUTION APPROVING THE AWARD OF BID TO SCALES CONCRETE CONSTRUCTION CO. AND A CONTRACT FOR THE NORTHEAST DRIVE DRAINAGE PROJECT Moved by Councilor Martin that Resolution No. 161-91 be passed. Motion seconded by Councilor Hughes. Councilor Loughry inquired about taking out a fence. It was noted that payment for the fence will be included in the purchase. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Councilor Martin commended the appointment of Chief Ronnie James by the Governor to a State Fire Safety Committee. Item 10a Mr. Humbach addressed the history of the appeal of the Public Utility Commission' s rate case. A decision is needed on whether we want to continue with other cities and appeal with them in the District Court in Travis County, and also to decide how we dispose of the $10,000 put up by the City. He suggested that we request a refund, stating he does not see any merits in participating in the two options provided. Funds to appeal are not needed from this City. Discussion continued on the appeal and disposition of money. 791 Item 10a, cont'd. Moved by Councilor Martin that we ask for a refund of our money, and go on record as appealing. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Councilors Loughry, Thomspon, Martin, and Kirkham Nays: Mayor Lam, Councilors Farabee and Hughes No business was presented under Item 10b. Item 10c Councilor Thomspon commended Fire Chief James on his appointment by the Governor. He also applauded the work of Police Chief Harrelson and Mrs. Stricklin. Councilor Hughes also commended Chief James. Councilor Martin noted a sinkhole in the business area at Holliday and Jacksboro Highway which is full of water and mosquitoes. He requested that the Corps of Engineers look at it and fill it up. Councilor Loughry asked when bids are expected on Holiday Creek Phase III , and Mr. Bonnett stated they expect it to be in February or March. The Fort Worth office is doing the design, with review in the Tulsa office. He also noted they are working with elected officials to introduce legislation on McGrath Creek. Councilor Loughry noted comments he had received on upkeep of the golf course. Councilor Hughes and Mr. Berzina expressed that it looks good to them. Councilor Loughry commented on no smoking in Memorial Auditorium Building. Mr. Berzina stated there are designated smoking areas, which include private offices. Councilor Loughry noted a complaint about water bills being estimated, and asked if this was caused by the recent audits. Mr. Berzina explained there were no cuts in that area and stated he would appreciate it if Councilor Loughry would call this person back and say that the answer is no. Councilor Loughry asked about a vendors list. Robert Parker commented it would be helpful in giving a response to him if he would provide him with their names. Councilor Loughry felt they would not want that done. Councilor Kirkham confirmed that businesses are still being patrolled by the Police Department. Item 10d Mr. Berzina handed out a report to the Council on the B. W. Sinclair property, stating it will be on the agenda on October 15 . He also passed out a report on an underground storage tank situation. He then asked Mrs. Stricklin to make a report on an inquiry into excessive overtime. 792 Item 10d, cont'd. Mrs. Stricklin reported that all three of these employees are in the Central Garage Department. Over the last six weeks pay period one employee worked 135. 3 hours overtime. This employee works all fire calls for the fire equipment. He performed acceptance tests on three pieces of new fire equipment. He performs the training for all fire-fighters on all shifts for each piece of equipment. His assistant quit on September 3 right in the middle of his busiest time. Two other employees in the Service Station worked 110. 8 and 109 hours overtime, respectively. They were also involved in equipment year-end inventory. They filled in for three different employees who were not on duty for various reasons, including resignations. She explained that only five percent of regular work hours was spent in overtime. In a two year period there has been fifteen percent less overtime in Central Garage than in previous years, even when we took on the County Sheriff ' s Department maintenance. Mr. Berzina commended Chief James on his appointment to a state committee. Item 10e The City Council recessed into executive session at 11: 05 a.m. , according to Article 6252-17, Section 2 (g) , VACS. They reconvened at 12: 30 p.m. Item 10f The Mayor reported that no applications have been received for the Cable Advisory Committee. He urged anyone having an interest in serving on this committee to contact their Councilor, and the Mayor. The City Council adjourned at 12 : 32 p.m. PASSED AND APPROVED this thec/day of 1991. G� Michael Lam, Mayor ATTEST: r Wilma/J. Thomas, CMC/AAE City Clerk