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Min 12/10/1987 706 Wichita Falls, Texas Memorial Auditorium Building December 10, 1987 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in called session on the above date in the Council Room of the Memorial Auditorium Building at 4 : 00 o'clock P. M. , with the following members present. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Ruth Ann Allred Councilmen Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Councilman Thompson. Item 3 Ordinance No. 121-87 ORDINANCE AMENDING SECTION 20-23 OF THE CODE OF ORDINANCES, WHICH REGULATES ADULT BOOKSTORES, ADULT MOTION PICTURE THEATERS AND NUDE HUMAN MODELING STUDIOS, TO INCLUDE OTHER SEXUALLY ORIENTED BUSINESSES OFFERING CERTAIN LIVE PERFORMANCES; DECLARING AN EMERGENCY Moved by Councilman Thomas that Ordinance No. 121-87 be passed. Motion seconded by Councilman Buffum. City Attorney H. P. Hodge brought the Council up to date on this matter, stating that in 1977 the Council adopted an ordinance that regulated certain types of sexually oriented businesses. It was not directed toward the content of the business, but the Council concluded that the location and establishment of this type of business in certain areas was detrimental to property values, created a bad influence on young people, and particularly around schools, churches, or parks. In order to lessen some of these things the Council adopted this section to regulate the location of this type of business, and keep it from congregating in certain zones. This pertained to adult book stores, motion pictures, and also contact between persons who are nude or semi-nude. It has recently been brought to the City' s attention another type of entertainment which would fit into this category. Bars with topless entertainment began springing up in neighborhoods. There is no intention of trying to abolish this type of activity, but it is to try to regulate the location of these types of establishments. He was asked to prepare an ordinance regulating this type of entertainment or enterprise to be included in the definition of this ordinance. An emergency clause was also included. Mike Payne, 2605 Seymour Highway, asked for people in the audience to stand who were in favor of this ordinance being enacted. They are opposed to this type of establishment along the Seymour Highway. 707 Councilman Buffum noted that we have an establishment in place on the Seymour Highway which would be grandfathered. If it were sold, what would happen? Mr. McKinney stated that it would have to comply with the provisions of the new ordinance. Existing liquor licenses would have to be grandfathered. Mr. Hodge explained that sexually oriented businesses could not be sold for the same purpose. Mr. Payne would like to add drinking establishments to this. Mr. Hodge stated that another result of the adoption of this ordinance is that any of these businesses by virtue of the Zoning Ordinance, would have to be located in a heavy commercial zone. Mr. McKinney explained that in the Zoning Ordinance there are various types of liquor permits which may be requested. Once the license has been issued, the non-conforming provisions of the ordinance would be in effect. It would not have to come before the Planning and Zoning Commission. He explained to Councilman Hirschi the difference between a restaurant that sells alcoholic beverage, and a bar. Councilman Buffum asked about a male dancer. Mr. Hodge noted that if either male or female expose specified anatomical areas, then it would apply to both. Councilman Hirschi asked about the 1000 feet distance between this type of businesses. Mr. Hodge explained that they can be closer to each other, but must be separated from schools, churches, homes, parks, etc. Mr. Hodge feels it would be fair to make an indepth study of this type of business, and perhaps make some changes. Moved by Councilman Hirschi that the last sentence in Section 1 ( 5 ) be deleted. Motion seconded by Councilman Allred. Councilman Hirschi requested the staff to do an indepth study of the philosophy of the location of this type of business. Councilman Kirkham stated that we already have several establishments of this sort next door to each other. What happens to the ones in existence if this ordinance is passed? He does not understand the reason for passage of this ordinance at this time. Councilman Thomas stated there have been some accusations that there have been several of these types of businesses going in in various locations of the city. Charles Harper, Mayor, mentioned L and M, one at Kemp and Southwest Parkway, and two more on the Seymour Highway. Councilman Buffum noted that the request for alcoholic beverages at L and M was disapproved yesterday by the Planning and Zoning Commission as a bar. Councilman Kirkham wondered about the effect on others. Mr. Hodge explained that they will be grandfathered. The question was called by Councilman Thompson seconded by Councilman Hirschi, and carried unanimously. The amendment was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, and Thompson Nays: Councilmen Buffum and Kirkham The motion for passage of the ordinance as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Thompson, Buffum, and Kirkham Nays: None 708 Item 4 Resolution No. 217-87 RESOLUTION AWARDING BIDS FOR 1, 325 TREES FOR VARIOUS PARKS AND MEDIANS Moved by Councilman Buffum that Resolution No. 217-87 be passed. Motion seconded by Councilman Thompson. Discussion was held on the number and kinds of trees, and the placement of them. Councilman Kirkham asked why none of these trees are being planted in District Five? Mr. Murphy stated that it was an oversight, and he will plant some in that district. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Thompson, Buffum, and Kirkham Nays: None The City Council adjourned at 4 : 45 P.M. PASSED AND APPROVED this th- 5th day of Jan arâ–º , 1978. NIEU -fI C arles Harper, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk