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Min 04/15/1986 225 Wichita Falls, Texas Memorial Auditorium Building April 15, 1986 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. Charles Harper Mayor Sandy Goff Charles Thomas Lindsey Walker Ruth Ann Allred Councilmen Ronald Buffum Don Kirkham James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Don Childers, Park Place Christian Church. Item 3 Moved by Councilman Buffum that minutes of the meetings held April 1 , 8, and 14, 1986, be approved. Motion seconded by Councilman Kirkham, and carried unanimously. Charles Harper, Mayor, read an excerpt from William Carlos Williams comparing the little sparrows to people in their actions of being wise. Charles Harper, Mayor, also noted that the Mayor of the City of Wichita Falls is a member of the Council , and votes and participates in the discussions. Everyone has to vote unless there is a conflict of interest. Items 4a-8d Moved by Councilman Allred that the consent agenda be approved. Motion seconded by Councilman Walker. Item 4a Burgermeister Max Steer and Vice-Burgermeister George Hefferle, of Furstenfeldbruck, Bavaria, Germany, participated in a ceremony with Charles Harper, Mayor, and Charles Thomas, Mayor Pro tem, exchanging documents formalizing Sister City status between our two cities. Burgermeister Max Steer (Mayor of Furstenfeldbruck) stated that the City Council has decided to accept the offer of the City of Wichita Falls to bea sister city. He read the statement of acceptance, and presented it to Charles Harper, Mayor, for the Citizens of Wichita Falls. Charles Harper, Mayor, read a resolution which was passed almost a year ago, requesting the City of Furstenfeldbruck, Germany, to become a Sister City of Wichita Falls. He presented the Resolution to Burgermeister Max Steer. He also presented Honorary Citizenship of the City of Wichita Falls to Burger- meister Max Steer and Vice-Burgermeister George Hefferle. Charles Thomas, Mayor Pro tem, presented a City of Wichita Falls pin to Vice-Burgermeister Hefferle. (Burgermeister Steer had previously received' a pin. ) Burgermeister Max Steer presented official gifts from Furstenfeldbruck to the City of Wichita Falls, as follows. 1 . A Coat of Arms of their town, in stained glass. 226 Item 4a, cont'd. 2. The flag of Furstenfeldbruck with the same Coat of Arms symbols. 3. The flag of the State of Bavaria, which is the oldest state in Europe. This flag has ruled in their state more than 800 years. 4. Three books about Munich, landscapes, and architecture styles of Furstenfeldbruck. He noted that Furstenfeldbruck is situated fifteen miles West of Munich. Burgermeister Max Steer also presented former Mayor Gary Cook with a photograph of a meeting in Furstenfeldbruck with the two of them, along with the Secretary of Defense. He thanked Gary Cook for his initiative in founding the Sister City with Furstenfeldbruck. Former Councilman Craig Wilson was also present for the ceremony. Item 5a ORDINANCE NO. 31-86 ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW AT THE NOTRE DAME HIGH SCHOOL IOTH ANNUAL SPRING FESTIVAL ON MAY 2, 3, AND 4, 1986, AND DECLARING AN EMERGENCY Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 54-86 RESOLUTION AUTHORIZING TEMPORARY ON-PREMISE SALE OF WINE AND BEER PURSUANT TO SECTION 5420, (5) OF THE ZONING ORDINANCES OF THE CITY OF WICHITA FALLS FOR THE IOTH ANNUAL SPRING FESTIVAL SPONSORED BY THE NOTRE DAME SCHOOLS TO BE HELD MAY 2, 3, AND 4, 1986, AND DECLARING AN EMERGENCY Councilman Allred noted that she will not discuss or vote on this because of a possible conflict of interest. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Buffum, and Kirkham Nays: None Item 7a Bids were awarded, as follows, for mowing and lawn care equipment. a. Bunt Equipment - $2,995. b. Goldthwaites of Texas - $36,239. c. Texas Lock and Key - $9,692. d. Watson Distributing - $3,063. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None Item 7b The bid for two tractors with front-end loaders was awarded to Mega Equipment, in the amount of $48,750. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None Items 8a-d Minutes of the meeting of the Mayor Commission on the Status of Women held March 6, 1986, were received. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None 227 Items 8a-d, cont'd. Minutes of the meeting of the Zoning Board of Adjustment held March 19, 1986, were received. Ayes: Charler Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None Minutes of the meeting of the Landmark Commission held March 20, 1986, were received. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None Minutes of the meeting of the Park Board held March 27, 1986, were received. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None Item 9a The City Manager stated that the State has required us to come in with ; some landfill liners. A transfer of funds is requested from the Sanitation i fund. j Councilman Kirkham stated that he does not understand the increase in cost. Mr. Berzina explained that we have a new state requirement in how we operate landfills. At the time the budget was put together, there was not a requirement. ORDINANCE NO. 32-86 AN ORDINANCE MAKING AN APPROPRIATION FROM THE SANITATION FUND TO THE ACCOUNT NUMBERS LISTED BELOW AND DECLARING AN EMERGENCY Moved by Councilman Walker that Ordinance No. 32-86 be passed. Motion seconded by Councilman Goff, and carried by the following vote. I Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None Item l0a RESOLUTION NO. 55-86 NOMINATING TWO MEMBERS TO THE BOARD OF MANAGERS OF THE EMERGENCY TELEPHONE NUMBER ACT City Manager James Berzina stated that this is an expanded 911 service. A proposal would be put together and brought back to the City Council . Two appointments need to be made for the board. Moved by Councilman Kirkham that Resolution No. 55-86 be passed, nominating Charles Thomas and Robert Meeks. Motion seconded by Councilman Buffum. Assistant City Manager Edward Barrett explained the appointment requirements. It will be a five or seven member board. This allows us to improve the 911 service, which is very basic. The new system will tell us where the calls come from. Dispatching services will be very helpful in dis- patching the proper officers. It will also extend the 911 service to those communities who do not have it. The purpose of this board is to begin the process of planning for this improvement. The board will establish a surcharge. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None 228 Item 11a A proposed resolution was presented awarding a contract for the construction of the landfill soil liner. Councilman Thomas asked about the construction process. George Bonnett explained that this came down through the State after the budget was adopted. He explained the requirements of construction of this liner. It is a very rigid standard, and they have been advised that there will be additional requirements three or four years later. Councilman Thomas asked who tested the soil out there to say that we had to have this type? Mr. Bonnett stated that there is a State requirement for Type One landfills, but the regulations are specific. There is a federal EPA requirement. All cities are required to come in under the same liner. Incineration is the direction we are headed. He believes we need to start the process now. Costs of 100 million dollars are staggering, although that may be balanced somewhat by selling energy. They are running 500 tons a day to the landfill . RESOLUTION NO. 56-86 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE LANDFILL SOIL LINER Moved by Councilman Thomas that Resolution No. 56-86 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None Item 12a RESOLUTION NO. 57-86 AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER THREE WITH WALLACE AND RAUB RELATING TO REVISIONS TO THE POLICE HEADQUARTERS Moved by Councilman Allred that Resolution No. 57-86 be passed. Motion seconded by Councilman Goff. Councilman Walker asked if this generator will come on manually? He confirmed that when the larger generator comes on, this one will shut down. The big one which we have is portable. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None Item 12b RESOLUTION 58-86 RESOLUTION TO ACCEPT PUCKETT STREET ELEVATED TANK PAINTING PROJECT AND TO AUTHORIZE CITY MANAGER TO MAKE A FINAL PAYMENT Moved by Councilman Goff that Resolution No. 58-86 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, Allred, Buffum, and Kirkham Nays: None 229 Item 13a Discussion was held on an appeal to a conditional use application denial by the Planning and Zoning Commission for a retail plaza on Lots 4-8, Block 70, Faith Village Subdivision, Unit 2, 4510 Kemp Boulevard. The area is zoned limited commercial , in which retail uses are subject to a conditional use approval process. Roger McKinney presented a history of this request for a mini-mall across from Sikes Senter in Faith Village. Tenants have not been selected. This is the fourth request for conditional use which we have had on Kemp Boulevard. The staff looked at this request, and was concerned about the number of curb cuts on Kemp. Two curb cuts for five lots appeared to be a better method. Concern was also expressed that the scale of it is not in keeping with what we already have. There was a 7-1 vote by the Planning and Zoning Commission to disapprove it. Brad Morris appeared regarding property at Featherston and Stearns, stating that during that meeting the type of construction going in there was only a small part of it. They continue to flood every time it rains. The cement storm ditch is not adequate to handle rainwater from that area. He proposed that the Planning and Zoning Commission immediately rewrite the ordinance in commercial and residential areas. He suggested retaining ponds to hold water. Charles Harper, Mayor, requested Mr. McKinney to address this. Mr. McKinney stated that this was brought out in the Planning and Zoning Commission meeting, and the recommendations are in the minutes in the agenda packet. He does not know whether any significant increase will appear because of the development of these five lots, but it was considered. Charles Harper, Mayor, stated that we need to be studying these situations. Mr. McKinney stated that 30 notices were mailed. Twelve were received in response. Eight protested, three approved, and one did not indicate anything. Dennis Probst, of Corlett, Probst, and Boyd, stated that they made a drainage study of this area several years ago. There is quite a severe flooding problem in the area. The main problem is that McGrath Creek is inadequate to carry the water from this watershed. He feels there should not be any further development in this watershed until drainage is improved. Councilman Thomas stated that the way this is designed and laid out, it would not carry any additional flooding. Mr. Probst stated that anytime you pave undeveloped land, you will have an increase in runoff. This is one acre out of 1000. Councilman Thomas noted that the citizens are worried about blocking the water, and not letting it in McGrath Creek. Mr. Probst stated that Stearns drains 120 acres. In relationship to localized flooding, there would not be any difference in it. Councilman Buffum asked about techniques developed by other cities by retaining the runoff water. Mr. Probst stated that he is familiar with some of those plans . He stated that Sikes Lake is a help in downstream, but a hindrance in upstream. A retention basin is good. Sikes Lake serves as that. It will take a lot of money. Councilman Thomas mentioned a formula to design and build these functions. Councilman Buffum stated that all of these one-acres together causes a problem we have here. Mr. Morris stated that there is a location only a block away to put the retention basin. The City owns an easement there. You would have to get the equipment to dig a retention pond. It should be 5-6 feet deep. It would use about three-fourths of that property. You would have to run a storm sewer behind it. Plannah Scarbrough stated that she feels like the presentation was mis- represented because she did not have an engineer there. She stated that she has a petition signed by people who have no objection to this development. She feels traffic is not a problem, and requested that the Council approve it. Charles Harper, Mayor, was concerned with what we do with the Zoning ordinance. This type of conditional use is not permitted by right, and you have to go through an approval process. The reason for that is to insure that each retail operation is looked at. Ralph Perkins appeared as a member of the Planning and Zoning Commission. He stated that he talked with Mrs. Scarbrough. They do not want to diminish the problem of flooding. Anytime that you add water to the runoff area, it 230 Item 13a, cont'd. will increase the problem, even at one small step, at a time. The main issue is land use, and not flooding. It goes back to 1979 when those houses were destroyed by the tornado. The Council elected to enforce deed restrictions because of these problems. Commercial development was allowed to proceed, with certain restrictions. Most of it never did. He mentioned the other three conditional use permits which were approved. Mrs. Scarbrough has presented the square footage of the strip shopping area. He read the purpose of limited commercial usage. Whenever you approve a strip shopping center to go into an area that is not small or compatible with the residences, we are going to be establishing a standard. Limited commercial is supposed to act as a buffer. Councilman Thomas asked if this could be referred back to the Planning Board? Mr. McKinney stated that this appeal is for the actions of the Planning and Zoning Commission. The Council can change it, or ask for more information. City Attorney H. P. Hodge stated that the Council can over-rule the Planning and Zoning Commission, or affirm them, and deny the permit, or not take any action and get further input from anyone they wanted to. The matter could be taken up again. Charles Harper, Mayor, felt it would be good if the whole Planning and Zoning Commission could take it up again. Mr. Hodge stated that he feels Planning and Zoning has already heard it. Mr. Perkins stated that this would be setting a standard for all limited commercial districts in the city. Council- man Walker asked why the Planning and Zoning Commission did not allow Mrs. Scarbrough to have her engineers present? Mr. Perkins stated that she was ill , and not present, but Mr. Probst was. He feels it should have been voted down on the land use, and not the flooding issue. Councilman Walker noted that if a significant number changed their minds , there must have been some new information presented. Mr. Perkins stated that the staff recommended approval , but it was basically because of curb cuts. This is not the only alternative. He sees a lot of other conditions here. Charles Harper, Mayor, asked if any Planning Board members changed their mind, and would like to address it? Wayne Fowler stated that the Planning and Zoning Commission met and took action, and had materials presented to it. He does not think the problem of flooding has anything to do with this property. In their final vote, the issue had to be in the back of his mind that they had taken some previous actions that they are not happy with. He is not happy with the way Allen Boots looks. He is concerned that we do not let that happen again. He had not seen a drawing of what it would look like. He does not stand to disagree with Mr. Perkins, but he is concerned that if brick offices were designed, that we probably would accept that, and not refer to it as strip development. He considers a series of large stores as strip development. The maximum height in this strip development of 13 feet, 8 inches, would be consistent with the residential areas. He does not believe we should allow any retail that is not consistent with limited commercial development. He changed his mind because he had to wrestle in his mind what it would look like. Sam Cruse concurred with what Mr. Perkins spoke of on the development on Kemp. When someone comes before the Planning and Zoning Commission, they try to look at it and see how it fits into the picture. They made a decision on the facts at hand. The flooding was an issue. The collectiveness of the project caused him to think twice before making that vote. He has not changed his mind since. He believes that Planning and Zoning operates as a body, and he was not willing to change his decision. The board acted with the information on hand. He is not looking for another battle line. Johnny Warren stated that flooding was a concern, but he was the one member who voted to approve. His decision is predicated on usage. Mrs. Scarbrough showed a drawing of the building, stating that the plaza area is 4400 square feet. She feels this would be an excellent buffer between residences and Kemp Street. She feels this is a good opportunity to develop that area, and not create any more eyesores . Charles Harper, Mayor, asked what would be required if she developed this property into limited commercial requirements? She stated that about half of this building is pre-leased. Everything they have done would be light traffic. Two curb cuts on Kemp would be definitely a safety factor. She stated that she has owned this property since January. It was noted that it was zoned limited commercial when she bought it, and she know it was zoned limited commercial , and what was required. 231 Item 13a, cont'd. Mr. McKinney noted that limited commercial is small offices. No fast food or drive through services, and no outdoor storage is permitted. Limited commercial was really designed for offices only. Small retail was added as a limited commercial usage later, which could serve as a buffer. He noted that Allen' s Boots, Nacols, and a jewelry store cover three businesses on five lots. There are four curb cuts. In looking at this, there is not that much difference in this, and what this request covers. There is one-half the number of curb cuts in this case. Charles Harper, Mayor, asked Mr. McKinney if he believes something like this, where would we be if Mr. Seabury came back in, and wanted to change certain areas? Mr. McKinney stated that it would serve as a precedent for this type of request in the future. Mr. Perkins stated that we don't know in the future what type of clientele will be in the building. They don't have any mechanism to regulate it. There is a potential for it to happen here, and in all limited commercial areas, also. A children's dress shop is not permitted by right. Mr. McKinney stated that this applicant requested retail usage. Councilman Walker noted that if certain things are not allowed, they will have additional persons coming along asking for curb cuts, etc. He asked about our alternatives. Mr. McKinney stated that on a small office building which would be permitted by right, the city would have to grant access. If other lots came in, they could not require a cooperative curb cut. Councilman Walker noted that the more cuts you have, the more the problem, and the more ' danger getting back on Kemp Street. Moved by Councilman Walker that the proposal for placing the site on ; Kemp, as presented, be approved. Motion seconded by Councilman Thomas. Charles Harper, Mayor, stated that we set up certain commissions in the city. He personally has a hard time going against them. Councilman Thomas could not understand why they would vote against it, and then sign a petition. Mrs. Scarbrough stated that Mr. Probst did not represent her at the Planning Board. The majority of the discussion was because of the flooding. Mr. Probst stated that he did not address it because he was not in a position to comment on it at that time. City Attorney H. P. Hodge and Planning Director Roger McKinney agreed that the one-year requirement to bring it back to the Planning and Zoning Commission does not apply to limited commercial . Charles Harper, Mayor, stated that he is most concerned about setting a precedent. Mr. Hodge agreed that he should be concerned about that. Mr. McKinney stated that the applicant provided some information since the Planning and Zoning Commission meeting which was not made available to the Planning and Zoning Commission. He feels it is the responsibility of that applicant to provide this information. The motion failed by the following vote. Ayes: Councilmen Thomas and Walker Nays: Charles Harper, Mayor, Councilmen Goff, Allred, Buffum, and Kirkham Item 13b Councilman Walker asked Mr. Bonnett about the Pecan Street problem? Mr. Bonnett stated that there would be a report to the City Manager in his next packet. Councilman Thomas asked about the Red Cross property. Mr. Berzina stated that it would be in the next agenda meeting. Councilman Buffum noted that he finds it a bit disconcerting when boards and commissions make a decision, and come back and change their mind. Councilman Walker stated that he had seen us do that. He is not locked into a standard procedure. A decision could be made on lack of information. Mr. Hodge stated that it is a different situation if the Council is asked to reconsider certain information, rather than boards and commissions. 232 Items 13c,d The City Council recessed into executive session at 10:40 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 12:00 P.M. Moved by Councilman Thomas that the following board appointments be made. a . Arts Commission - terms to expire April 30, 1988 Mrs. Jane Underwood (Heritage Society) Mrs. Betty Hansen (Wichita Falls Arts Association) Mrs. Betty Wagner (Civic Chorus of Greater Wichita Falls Area) Mr. Roy Alamon (Midtown Fine Arts League) Mrs. Ann Smith (Museum and Art Center) Mrs. Jan Schaaf (Backdoor Theatre) Dr. Donald Hough (Midwestern State University) Mrs. Carolyn Sanders (At-large) Mrs. Robert Mathews (At-large) Mr. Lynn Marshall (At-large) Mrs. Ernestine Broyles (At-large) Mr. Richard Kulka (At-large) Mrs. Martha B. Steimel (At-large) - term to expire April 30, 1987. b. Firefighters' and Police Officers ' Civil Service Commission - term to expire March 1 , 1989 - Ben Valadez, Jr. Motion seconded by Councilman Buffum, and carried unanimously. The City Council adjourned at 12:05 P.M. i PASSED AND APPROVED this day of 1986. i , Charles Harper, Mcfyor ATTEST: Wilma J. Thomas, CMC, City Clerk