Loading...
Min 04/02/1985 691 Wichita Falls, Texas Memorial Auditorium Building April 2, 1985 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. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson Bill Palmer James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by David Johnson, Central Christian Church. Item 4a Stephen Selby, an employee of the Traffic Department, was honored as Employee of the Month for April . Mayor Cook presented him with a plaque, and two tickets each to a theatre and dinner. Item 10a The second public hearing was opened on Zoning. Sid Litteken, 1804 Pearl Street, once again represented over 300 homeowners in the Southland, Curlees, Brook Avenue, and Lee Wilson Subdivisions. He feels that their last presentation was a little too strict, and presented a compromise of their previous request. He stated that limited commercial designation should be used for all lots presently existing. All other properties East and West of Brook, from Huff to Kell , should be designated single family 2. All other properties East of Brook and South of Kell should change back to single family 2. The 1700 Block of Wilson should remain single family 2. This method will protect all landowners who own property, and they feel this is a satisfactory compromise. Mayor Cook asked if the corner of Lucille and Brook on the West side should retain residential designation? Mr. Litteken agreed that it should. Residences are 66.6 percent owner occupied from Huff to Speedway. Mayor Cook asked what he found from Kell to Huff? Mr. Litteken stated that he did not break this out, separately. Councilman Palmer confirmed that this proposal includes property bought for expansion. Councilman Harper stated that he met with a large group of people on Sunday. He suggested that they meet with those who wanted two lots deep. Mr. Litteken stated that they met with two developers. They did not agree with their approach, but they did not indicate that they would be here today. Mayor Cook asked about the property on Wilson, including Kell Optical ? Seven houses on Wilson will go back to single family 2. Councilman Harper suggested that the staff go along the line of thinking that Mr. Litteken has presented, and redraft everything from Huff to Speedway. The only limited commercial would be what presently exist, and South of Kell everything would be changed back to single family 2, except for non-conforming usage. The area around Dave Rhone' s property would be limited commercial . Ralph Perkins recommended that all other properties South of Kell be single family 2, except those already in commercial usage. They would proceed with two lot depth from Kell North on Brook. On the South of Kell , it should go back to single family on the East side except those commercial . Those on the West side should remain commercial . Mr. Perkins feels that this is a good compromise. cn� 694 696 Item 10a, cont'd Mr. Perkins pointed out that a working group on Brook Street wanted to keep a straight line on Brook. He stated that it was his idea to go with it on two lots. Councilman Harper suggested defining a lumber yard as one selling lumber wholesale. Mr. Perkins addressed Text Changes A,B,C,D, and E. Councilman Wilson objected to the recommendations in "C" pertaining to off-street parking. Councilman Wilson also objected to "E" , stating that you could have a situation where a heavy general commercial use could be converted to something like a dress shop, and they would still have to go through the same procedures, which might hinder the transfer of that property. Councilman Thomas stated that this is not grandfathering commercial operations , but putting them in a conditional use, which would penalize them. Mr. Perkins stated that the only compromise he could recommend was -if it went to a less offensive use. Councilman Thomas stated that if they went from light usage to heavy usage, they should go through conditional use, but they should not have to do so if they are like businesses. Carl Wyatt appeared, stating that he has a sheet metal shop. He stated that he can live with the ordinance. He wondered what the term "grandfather" means? He has a non-conforming use in a general commercial area. Mayor Cook stated that he can expand or sell his sheet metal shop, but he could also sell it for general commercial if it changes to a like use. People would have to be notified if it is not a like use. It was noted that any changes require 45-60 days, and $50.00 fee. Mr. Wyatt stated that he wanted to be able to change to a like business without a review. It can be, but if the business is not comparable, he would have to have a review. Councilman Thomas stated that he will not vote for a conditional use if he changed from a sheet metal to a cabinet shop. Councilman Wilson asked if there is some administrative option? Mr. Perkins stated that the only other mechanism is the Board of Adjustments and Appeals as an alternative to determine the difference in business. Mayor Cook stated that he feels they could work on the conditional use requirement. Change 6140 where we put in similar situations, such as noise, number of employees, parking, hours of operation, pollution, etc. The City Council recessed at 12:10 P.M. The meeting reconvened at 1:00 P.M. Mr. Perkins stated that they recommended that drive-in services be eliminated in the limited commercial district. (f) Councilman Swift stated that he would go along with general commercial designation for banks only. Councilman Wilson would prefer that they go through the re-zoning process. Councilman Thomas wanted to make it general commercial . It was discussed by other council members, and Mayor Cook broke the tie to leave it as limited commercial . In "G" , Mr. Perkins recommended that malls be limited to 15,000 square feet, and that unlimited be put in for malls in general commercial , central business district, and the river development district. Mr. Perkins also stated that they recommended that mobile and modular homes remain as a conditional use in the residential mixed use district, and not be allowed in other residential districts. Ken Hanes appeared, stating that he feels this should be allowed in the ordinance. What they are offering is an upgrade of a product that could be either mobile or modular. He presented a proposed ordinance to the Council for consideration. It meets the Southern Building Code. An additional condition could be placed on it to meet FHA requirements. Councilman Harper suggested that the people in the neighborhood should decide whether it meets aesthetic requirements of the neighborhood. It would go before the Planning Board, with notification to the neighbors within 200 feet. Councilman Palmer asked why we are doing this on modular — _._ n-- M_V4___v c+n+orl that i 697 Item 10a, cont'd. city standards. Councilman Harper stated that the inspector in these factories work for the manufacturer. Mr. Hanes disagreed, stating that they work for the Department of Labor and Standards. He stated that there are HUD inspectors in the mobile home factories. He stated that the plant is shut down if all materials do not meet specifications. Councilman Harper stated that the problem is not how they are constructed or inspected, but how people perceive them. He feels it would be good to let them go in under conditional use, with notification of the neighbors within 200 feet. Mr. Hanes stated that he would not be for it if it is decided by those within 200 feet, but if they could hear it before a panel , hear their views, and then be decided, then he could go for it. Councilman Thomas stated that if the manufactured housing people would furnish the staff with information and pictures of the manufactured housing, then the property owners would know what they are talking about. Councilman Wilson suggested that they use Item 1 in the ordinance proposed by the mobile home industry. One man in the audience stated that Mr. Seabury placed several modular homes in the Fowler School area, bricked them, and no one said anything about it. Jimmy Shirley, 3002 Southridge, asked if modular homes are attached to the foundation like regular built homes? Mr. Hanes stated that it would be built on a pier and beam foundation. The mobile home on Abbott would not qualify for what they are talking about now. Mr. Hanes would agree that notification to property owners include material to show them what is intended to be placed in that area. Councilman Palmer asked Mr. Perkins if their group was strongly opposed to anything except mobile home subdivisions or a modular home area? Mr. Perkins stated that they are. He feels people should have a choice to live in whatever subdivision they want to, but he feels there should be a special subdivision for them. He feels like there is a place for them, but it is in a subdivision of their own where people are very clear and knowledgable about what is going in. Councilman Swift noted that the purpose of the zoning ordinance is to protect the people in the neighborhood. The mobile home people agreed to let them decide. Councilman Harper stated that they would like to allow conditional use of modular homes on vacant lots. It allows people to decide their own fate. Mayor Cook asked Mr. Hanes if he would object to the definition of a modular home? Mr. Hanes stated that he would. It would be his hope that the manufactured house be left there. He would like to work with the definition of a manufactured home. Cal Aaron agreed. Charles Barr, Builder, asked if they are talking about vacant lots, fill-in lots, etc.? Mayor Cook stated that they are. Mr. Barr confirmed that he could put in his deed restrictions that no mobile, modular, or manufactured housing will be allowed. No objections were noted by the Council to conditional use, with the staff addressing the definitions. Councilman Palmer asked about the request of Oden Mechanical Contractors for residential mixed use? The Council agreed with this usage. Planning Director Roger McKinney stated that the Board of Adjustments and Appeals would decide lot lines, set-back waivers, etc. in the new zoning ordinance. They would not be involved in re-zoning, which is decided by the Planning and Zoning Commission, and then to the City Council for a three-fourths vote, or a simple majority. The Council agreed on the majority vote. Councilman Wilson noted that something as complex as this is going to require some reasons for change. Councilman Wilson mentioned the cumulative effect on heavy industry. In heavy industrial districts up through heavy commercial , the uses that are permitted in other districts are permitted uses. If we have zoned an area along the freeway as heavy industrial , then a motel could not go in as heavy commercial . He believes a person should have the latitude to go heavy commercial or general commercial . Councilman Harper stated that most zoning ordinances allow everything to go down, but you can't go up, with residential being at the top. Mr. Perkins stated that the reasoning behind heavy industrial is that they have some protection from those things that will not be compatible with them. Councilman Wilson 698 Item 10a, cont'd. feels that we should let the large industries use their judgment on how it will be used. Mr. Perkins agreed with cumulative from heavy commercial up to heavy industrial . The Council agreed to go with heavy commercial up. Councilman Harper mentioned extraterritorial jurisdiction. According to TML, Victoria, Lubbock, Tyler, and Austin all zone in the extraterritorial jurisdiction. Without some guidelines in the ETJ, we have to take it as it is. Councilman Thomas stated that it is his understanding that all land comes into the city as single family. Then the Planning Board decides. If it is already built, we have no choice. Councilman Wilson commended Ralph Perkins for the unbelievable amount of time which he has put into this zoning matter, stating that he must have put in at least 300 hours. The public hearing was closed. The zoning ordinance will be brought back to the next council meeting. Items 5a-9a Items 5b, 5f, and 7b were moved to the regular agenda. Moved by Councilman Thomas that the consent agenda be approved. Motion seconded by Councilman Wilson. Item 5a ORDINANCE NO. 30-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING PORTIONS OF AN EIGHT (8) FOOT WIDE EAST-WEST UTILITY EASEMENT AND A FIFTEEN (15) FOOT WIDE NORTH-SOUTH UTILITY EASEMENT IN LOT 2-A, BLOCK 7, SOUTHWEST PARKWAY CENTER ADDITION, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5c ORDINANCE NO. 31-85 AN ORDINANCE WAIVING THE MINIMUM BUILDING SETBACK REQUIREMENTS ALONG BAYLOR STREET FOR LOT 16-A, BOYD SUBDIVISION, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5d ORDINANCE NO. 32-85 ORDINANCE CHANGING THE SECOND REGULAR CITY COUNCIL MEETING IN APRIL, 1985 TO APRIL 23, 1985, AT 8:30 O'CLOCK A.M. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5e ORDINANCE NO. 33-85 ORDINANCE WAIVING SECTION 25-69 OF THE CODE ORDINANCES ALLOWING THE NOTRE DAME SCHOOLS TO HAVE A TRANSIENT SHOW AT NOTRE DAME SCHOOL ON MAY 3, 4, AND 5, 1985. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 699 Item 6a RESOLUTION NO. 40-85 RESOLUTION TO APPROVE AN UNWRITTEN OPERATING PRACTICE REGARDING THE DEPTH OF COVER OVER EXISTING OR NEWLY INSTALLED WATER OR SANITARY SEWER LINES Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a RESOLUTION NO. 41-85 RESOLUTION TO APPROVE SECOND CONTRACT FOR CYPRESS STREET WATER TREATMENT EXPANSION PROJECT Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8a-e Minutes of the meeting of the Kemp Public Library Advisory Board held January 14, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Mayor's Commission on the Status of Women held February 7 1985> were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Human Relations Commission held February 26, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Planning Board held March 13, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Clean Communtiy Commission held on March 11 , 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9a A tax refund to Merrill Lynch Relocation Management Company was approved in the amount of $1 ,260.81. This tax account was paid twice. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 700 Item 5b ORDINANCE NO. 34-85 ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NO. 11-012-4430, AND DECLARING AN EMERGENCY. Moved by Councilman Thomas, for discussion, that Ordinance No. 34-85 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked how much more will we have to move into this fund, and what have we received from it? City Attorney H.P. Hodge stated that we have received a lot of time and service from the attorney's representing us in the ward system lawsuit. Councilman Thomas stated that he had nothing to show what they have been paid for, and that he would like to see the break down on it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Wilson, and Welburn Nays: Councilmen Swift and Thomas Item 5f ORDINANCE NO. 35-85 ORDINANCE WAIVING SECTIONS 4-5 AND 4-24 OF THE CODE OF ORDINANCES ALLOW THE SALE OF BEER AT THE NOTRE DAME SPRING FESTIVAL ON MAY 3, 4, AND 5, 1985. Moved by Councilman Thomas that Ordinance No. 35-85 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked if we could give them a permanent waiver since they hold it at the same location, at the same time, and it is the same group each year? Councilman Wilson stated that it has nothing to do with the merits of the organization, but is a legal matter in granting a perma- nent waiver to an ordinance. The City Attorney stated that he is always a little uncomfortable when we grant any kind of ordinance waiver. Council - man Wilson stated that if the law merits a permanent waiver, then maybe the law merits re-examination. The City Attorney agreed. Councilman Welburn noted that if we are in the business of permanent waivers, then we should look to the repeal of it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7b Bids were considered on the estimated annual requirements of lubrication products. It was recommended that the bid be awarded to J. R. Son Oil Company, in the amount of $35,200.66. Moved by Councilman Thomas, for discussion, that the bid be awarded, as recommended. Motion seconded by Councilman Wilson. Councilman Thomas asked what we do if a company cannot fulfill their bid? The City Manager stated that we would probably re-bid it. Councilman Thomas noted that some of the bids were less than the costs of some of the large distributors. The motion was carried unanimously. 701 Item lla RESOLUTION NO. 42-85 RESOLUTION AUTHORIZING CITY'S PARTICIPATION IN THE RATE INCREASE REQUEST CASE FILED WITH THE TEXAS PUBLIC UTILITIES COMMISSION BY SOUTHWESTERN BELL TELEPHONE ON (MARCH 22, 1985. Moved by Councilman Palmer that Resolution No. 42-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llb RESOLUTION NO. 43-85 RESOLUTION AUTHORIZING GRANT APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR MATCHING FUNDS TO PROVIDE FOR A REGIONAL MAJOR CRIMINAL APPREHENSION PROJECT FOR THE WICHITA FALLS POLICE DEPARTMENT. Moved by Councilman Wilson that Resolution No. 43-85 be passed. Motion seconded by Councilman Palmer. Police Chief Harrelson explained that the identification and processing department will use this equipment. They will be getting prints off evidence that they have never been able to get. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llc RESOLUTION NO. 44-85 RESOLUTION TO APPROVE ENGINEERING CONTRACT FOR CONVERSION OF 1925 TRICKLING FILTER TO SLUDGE BEDS Moved by Councilman Wilson that Resolution No. 44-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lld RESOLUTION NO. 45-85 RESOLUTION CONCURRING WITH THE CORPS OF ENGINEERS' FLOOD PROTECTION PLAN FOR MCGRATH CREEK, AND MAKING ASSURANCE OF LOCAL PARTICIPATION Moved by Councilman Thomas that Resolution No. 45-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 702 Item lle RESOLUTION NO. 46-85 RESOLUTION APPROVING AGREEMENT APPORTIONING EXTRATERRITORIAL JURISDICTION BETWEEN WICHITA FALLS AND PLEASANT VALLEY, AND REPEALING RESOLUTION NO. 19-85. Moved by Councilman Harper that Resolution No. 46-85 be passed. Motion seconded by Councilman Welburn. Councilman Thomas stated that he did not want to get this close to the freeway, and lose our control of it. Councilman Harper agreed. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llf RESOLUTION NO. 47-85 RESOLUTION ESTABLISHING THE CITY OF WICHITA FALLS PROCUREMENT POLICIES FOR PUBLIC TRANSPORTATION WHEN UTILIZING U.S. DEPARTMENT OF TRANSPORTATION FUNDS. Moved by Councilman Welburn that Resolution No. 47-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llg RESOLUTION NO. 48-85 RESOLUTION REQUESTING THE CITY OF FURSTENFELDBRUK, GERMANY TO BECOME A SISTER CITY TO WICHITA FALLS, TEXAS Moved by Councilman Wilson that Resolution No. 48-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12a RESOLUTION NO. 49-85 RESOLUTION TO AWARD CONTRACTS FOR ACQUISITION OF SELECTED IBM EQUIPMENT. Moved by Councilman Harper, for discussion that Resolution No. 49-85 be passed. Motion seconded by Councilman Palmer. Councilman Wilson asked if we will have that piece of IBM equipment out of the hall that has been there for three years? Jack Humphries stated that the one piece that still remains will be gone shortly. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None { 703 Item 13a RESOLUTION NO. 50-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR 1984 STREET SURFACE OVERLAY PROGRAM Moved by Councilman Wilson that Resolution No. 50-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13b ORDINANCE NO. 36-85 ORDINANCE TO RESCIND ORDINANCE 123-84 AND TO AMEND SECTION 32-21 OF CODE OF ORDINANCES TO ESTABLISH THE POLICIES GOVERNING DEPOSITS FOR ALL PERSONS AND BUSINESSES DESIRING TO USE CITY WATER Moved by Councilman Wilson that Ordinance No. 36-85 be passed. Motion seconded by Councilman Thomas. Councilman Wilson noted that this is kind of a housecleaning job. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 14a Councilman Thomas asked how many burglar alarms had been registered? Police Chief Harrelson stated 463 permits had been issued. They think that somewhere around 2000 alarms will need to be registered by April 15. Councilman Thomas stated that some of the installers tell him that they know of about 3000 put in. They don't know how many were put in by private installers. Chief Harrelson commented on the editorial , which stated that the records are kept by clerks. He noted that their clerks are checked very thoroughly. The second issue was that records have to be kept up to date. They required them to fill out the permit under their supervision. About fifty percent of the people are in favor of the ordinance. The other fifty percent are grumbling about it. The third issue was that the police officer is already out there. In the first twelve weeks they have answered 1033 burglar alarms. The only complaint he got at the Human Relations Commission meeting was response time. The average response time is five minutes. The burglar alarm ordinance is tying some of these officers up. He would recommend that we keep the ordinance to see if it will reduce our alarms. If it doesn't, then we should do away with it. Councilman Thomas would like to do away with the registration of the burglar alarms. Their concern is that if this list got out, they would have a complete list of burglar alarms. He is not opposed to the violation of over six calls. Chief Harrelson stated that the purpose is to reduce the number of alarms. If it doesn't do this then we should throw it out. Some of the banks had indicated that they would hold off, and try to get it repealed. Fire Chief Jameson stated that they had a fire at a business located in the mall . They got the fire alarm from Dallas. They tied up half the Fire Department with this registration. Councilman Thomas stated that if these businesses tie them up over 15 minutes, they should pay for it. Councilman Wilson stated that it is the responsibiltiy of the business to keep the City informed on any changes. Chief Harrelson stated that if they are not keeping the City informed as to who is on the call-out sheet, they could receive a citation for it. It would be a city court case, 704 Item 14a, cont'd. with a fine up to $200. Councilman Welburn stated that the only people who are paying these fees are John Q. Citizen. We will soon be cited for not wearing seat belts. Chief Harrelson stated that we need the alarm ordinance. Councilman Thomas stated that it would be easy to place the alarm on a silent system, and then have someone call and tell the police that they have a problem out there. Councilman Thomas does not feel there is much difference in paying for the record keeping than the costs for alarms. Item 14b,c The City Council recessed into executive session at 4:00 P.M. , pursuant to Article 6252-17, Section 2, Paragraph (g) , of the Revised Civil Statutes. The meeting resumed at 4:38 P.M. Moved by Councilman Thomas that the following be appointed to the Hospital Board, with expiration terms as indicated. a. Carol Wagner - April 1 , 1986 b. Rosagene Wilson - April 1 , 1986 c. Bruce McLain - April 1 , 1987 Motion seconded by Councilman Welburn, and carried unanimously. The City Council adjourned at 4:40 P.M. PASSED AND APPROVED this day of 1985. !J ff oar ary Mayor ATTEST: r - _ /Y'�� E ) tl 'ram✓{ ,`F/_. G�/7C/C �-' Wilma J. Thomas, CMC, City Clerk