Loading...
Min 11/01/1988 i 61 Wichita Falls, Texas Memorial Auditorium Building November 1, 1988 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 9 the Memorial Auditorium Building at 8: 30 O'clock A.M. , with the following members present. i Perry Goolsby Mayor John Hirschi Charles Thomas Angus Thompson Councilors Robert Barenberg Ron Buffum r Don Kirkham Ei I James Berzina City Manager ! H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Finance Director 0 The invocation was given by David P. Williams, East Side Baptist Church. Item 3 Moved by Councilor Kirkham that minutes of the meeting held October 18 , 1988 be approved. Motion seconded by Councilor Thompson, and carried unanimously. i Item 4a Donna Duncan, a Code Enforcement employee, was introduced by Personnel Officer Jan Stricklin as Employee of the Month for November. Jim King presented information concerning her work. Mayor Goolsby presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theater and dinner. Mayor Goolsby also read a proclamation for the Boy Scouts Popcorn Sales Days. Item 4b RESOLUTION NO. 216-88 RESOLUTION PROCLAIMING NOVEMBER 11-20 , 1988 AS "BE DRUG FREE WEEK" Moved by Councilor Buffum that Resolution No. 216-88 be passed. I Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 62 Items 5a-8c Items 5a, 5b, 5c, 7a, 7b, and 8a, were moved to the regular agenda. Moved by Councilor Hirschi that the consent agenda be approved. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, and Buffum Nays: Councilors Barenberg and Kirkham Item 5d ORDINANCE NO. 116-88 AN ORDINANCE AMENDING SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS BY CORRECTING SUBPARAGRAPH (AM) , WHICH ESTABLISHES PRIMA FACIA MAXIMUM SPEED LIMITS ON CERTAIN STREETS Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 217-88 RESOLUTION TO APPROVE U.S. GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR-CONTENT GAUGING STATIONS Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7c The bid for one fuel truck for Central Garage was awarded to R. L. Anderson International in the amount of $37,622. 24. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7d The bid for three 30 cubic yard packer bodies for the Sanitation Department was awarded to Rand Automatic Compaction Systems, Inc. , in the amount of $71,659. 50. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 63 Item 7e The bid for three 27 cubic yard packer bodies for the Sanitation Department was awarded to Rand Automatic Compaction Systems, Inc. , in the amount of $69,765. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7f I The bid for one 35,000 GVW truck for the Sanitation Department was awarded to R. L. Anderson International in the amount of $37,635 . 16 . I Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham I, Nays: None i Item 7g The bid for three 35 ,000 GVW trucks for the Sanitation Department was awarded to R. L. Anderson International in the amount of $158,437. 74. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7h I The bid for three 35,000 GVW trucks, with tilt cab, for the Sanitation Department, was awarded to Hodges White GMC in the amount of $149,757. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham I Nays: None i Item 8b,c Minutes of the meetings of the Commission on Aging held October 5, 1988, and the Planning and Zoning Commission held on October 12, 1988 , were received. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham I Nays: None Item 5a A proposed ordinance was presented changing the date of the first regular council meeting of December, 1988, from December 6, 1988 , to November 29, 1988. A motion was made by Councilor Thomas, and seconded by Councilor Hirschi, for its passage. Discussion followed, after which Councilor Hirschi moved that the proposed ordinance be tabled for further consideration. I 64 Item 5a Cont'd Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5b ORDINANCE NO. 117-88 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM REVENUE RECEIVED FROM THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR PURPOSES OF A NARCOTICS INFORMATION MANAGEMENT SYSTEM Moved by Councilor Barenberg that Ordinance No. 117-88 be passed. Motion seconded by Councilor Hirschi. Police Chief Harrelson explained that this is a 12-county coordinated program, and believes it will be an asset to narcotic investigations going on at this time. Other police and county sheriffs ' departments are now getting involved in narcotics investigation by necessity. This area is experiencing a lot of activity in narcotics. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5c ORDINANCE NO. 118-88 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM REVENUE RECEIVED FROM THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR PURPOSES OF CONTINUING THE NEIGHBORHOOD WATCH PATROL PROGRAM Moved by Councilor Thompson that Ordinance No. 118-88 be passed. Motion seconded by Councilor Buffum. It was noted that each year the City' s percentage of participation goes up in the neighborhood watch program. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7a Moved by Councilor Thomas that the bid for two trencher/backhoe units be awarded to Construction Agricultural Supply Company, Wichita Falls, in the amount of $35 ,598. Motion seconded by Councilor Barenberg. 65 Item 7a Cont'd Larry Glover appeared, representing Witch Equipment Company, Inc. , in Arlington. He stated that the specifications given could not be met by anyone except the one they recommended the bid award to. He noted safety features of their machine, and requested their consideration on the unit which they submitted. Robert Parker explained that in building specifications, it is done on the needs of the City, and he has no hesitation in making the recommendation which he did. Mayor Goolsby explained that it would be impossible to accept their bid without re-bidding it. Councilor Barenberg reinforced Mr. Parker ' s comments. Mr. Glover stated that the variances in the bid specifications are very minor. Mr. Parker commented that they are more than just minor variances. Councilor Buffum endorsed the comments made by Councilor Barenberg. Mr. Parker explained to Mayor Goolsby that in developing specifications, it is based on the needs of the city, and Mr. Hodge stated that he has no problem with this. Councilor Thompson expressed that he hoped bidders could work with the Purchasing Agent or City Manager to try to resolve some of these problems. Mr. Berzina stated they have had people come to his office to talk about bids. The motion carried unanimously. i Item 7b Moved by Councilor Thomas that the bid for a street sweeper be awarded to Motor Truck Equipment in the amount of $77,250. i Motion seconded by Councilor Thompson. Mr. Parker explained that after bids were opened, Motor Truck Equipment went out of business. Athey Products Corporation is the parent company, and they will honor this bid. Moved by Councilor Thomas that the bid be awarded to Athey Products Corporation in the amount of $77,250. i Motion seconded by Councilor Barenberg, and carried unanimously. Item 8a Moved by Councilor Buffum that minutes of the meeting of Kemp Public Library Advisory Board held September 28, 1988, be received. Motion seconded by Councilor Barenberg. Councilor Buffum stated that based on remarks in the paper, it was indicated that the planning committee would report back to the library board, and then to the City Council. He wonders if the library board is aware that the library planning committee will report back directly to the City Council? Miss Houseworth stated that she understands that the library board is aware of this, but wants the library planning committee to keep them informed. The motion carried unanimously. I 66 Item 9a ORDINANCE NO. 119-88 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Councilor Thomas that Ordinance No. 119-88 be passed. Motion seconded by Councilor Barenberg. Mr. Bonnett explained that the reason for the emergency in the ordinance is that they are trying to free up funds which may be needed. These funds will be subtracted from the funds which will be discussed in Item 10a. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9b ORDINANCE NO. 120-88 ORDINANCE ACCEPTING A MATCHING GRANT FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR A TRAIL SYSTEM IN LUCY PARK AND MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY FOR THE CITY' S SHARE Moved by Councilor Thomas that Ordinance No. 120-88 be passed. Motion seconded by Councilor Thompson. Mr. Murphy explained the location of the trails in Lucy Park. He would try to come up with a ground breaking event. He hoped to have enough money for lighting to the pagoda. Councilor Kirkham asked about plans for security for this area, and Mr. Berzina stated that we have no capability for this unless they reassign priorities. Mr. Murphy stated that the Park Board is exploring a park watch type situation. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9c ORDINANCE NO. 121-88 ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF WICHITA FALLS, TEXAS AND COMMUNITY ACTION CORPORATION FOR PROPERTY AT 602 BROAD STREET Moved by Councilor Thomas that Ordinance No. 121-88 be passed. Motion seconded by Councilor Hirschi. i 67 Item 9c Cont'd Councilor Thompson stated that he will not take part in the discussion, nor will he vote on this item. Councilor Hirschi asked if future renovations have been addressed? Miss Houseworth stated they are doing this at the request of CAC, but it is acceptable to us. They still agree to those things outlined for future years. I Herb Taber, 1102 North Beverly, stated that CAC may have exaggerated their ability to take care of some of these things. They painted the building instead of sandblasting it. They planted three flower beds in the first renewal period. When they began looking at installation of a sprinkler system - I they ran into problems of expense, and the amount of water required to be used. With the Council ' s consent, they have j thought about substituting some additional landscaping instead of the sprinkler system in the next renewal period. Councilor Barenberg called attention to Mr. Hodge' s comment that reducing rental should be supported by some I consideration. The inside of the building is in bad j condition. Councilor Buffum confirmed that he is also very concerned about the interior of the building, and reduction of the rent. Mr. Taber discussed various renewal period requirements. Moved by Councilor Barenberg that Items 9c and 10d be tabled for CAC to come up with alternate compensation, and the legal office to combine these two items into one document. Motion seconded by Councilor Hirschi. i Mayor Goolsby expressed that he believes Councilor Barenberg is trying to be a responsible Councilor. He is not talking about the service they provide. Miss Houseworth stated that the lease expires on November 30. Councilor Thompson stated he wished they had talked about the historical relationship of the building, and CAC' s relationship to the City. One of the reasons they were derelict in their repairs is that they were not sure the City would permit them to keep the building. Mayor Goolsby feels CAC should discuss with the City what they feel should be included. The motion to table failed by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi and Barenberg Nays: Councilors Thomas, Buffum, and Kirkham P Councilor Barenberg expressed concern that the people who made the original agreement felt it should be realistic. CAC I is now saying it isn' t. • f The motion for passage of Ordinance No. 121-88 carried by the following vote. I Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Barenberg, Buffum, and Kirkham Nays: None 'j 'I i 68 Item 9d ORDINANCE NO. 122-88 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES TO REVISE THE NUMBER OF FIREFIGHTER POSITIONS IN THE WICHITA FALLS FIRE DEPARTMENT Moved by Councilor Thompson that Ordinance No. 122-88 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham - Nays: None Item 10a RESOLUTION NO. 218-88 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING CONSULTING FIRM FOR IMPROVEMENTS TO RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Thomas that Resolution No. 218-88 be passed. Motion seconded by Councilor Barenberg. Councilor Hirschi commented on the large project we are undertaking. He has concerns if the federal government will make it obsolete before the life of it has been used. Mr. Bonnett stated they are meeting the projected requirements at this time. In terms of the value engineering, there is a requirement for the BE System. It means they have done their best to meet the requirements. Mr. Bonnett addressed the rate structure. The minimum fee will be seven percent of the basic engineering costs. They have been discussing additional fees. Mr. Bonnett discussed disposal of the sludge. We are under administrative order from the EPA to construct this facility. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council recessed at 10: 10, and reconvened at 10 : 30. Item 10b RESOLUTION NO. 219-88 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM FOR IMPROVEMENTS TO HIGH SERVICE PUMP SYSTEM AT JASPER STREET WATER TREATMENT PLANT Moved by Councilor Thompson that Resolution No. 219-88 be passed. Motion seconded by Councilor Hirschi. i 69 Item 10b Cont'd Mr. Bonnett explained that they are pumping against partially closed valves. He also stated that the previous study is not for selection of the pumps. This study will allow them to go into the detail engineering. They will calibrate the existing model. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10c A proposed resolution was presented approving the adopted budget for the Nortex 9-1-1 Communications District for the period from October 1, 1988 through September 30, 1989 . A motion was made by Councilor Barenberg, and seconded by Councilor Buffum, for its passage. Councilor Thompson stated that they met with representatives of 9-1-1 about some of their concerns, stating that his concerns still exist about what appears to him to be an unfair budget, and he does not agree with it. Councilor Barenberg also expressed his concerns about the fact that we do not have appropriate representation, but are paying the major portion of the bill. Councilor Buffum expressed his concerns about it meeting the needs of the citizens. He will vote against it until it expresses those concerns. Councilor Thomas stated that he will not vote for a budget that contains the salary request, or wish list, in the budget. Councilor Hirschi expressed concerns about the budget. He is calling things income which are not income; such as CD' s. He would like to know where the source of the revenue of a certain CD was identified. Mr. Berzina stated that they talked about having in the bank a CD which would be used to purchase some capital equipment over the next year. Councilor Hirschi also mentioned the problem of showing an operational budget of $13 ,000 per month, with no backup or detail on it. He asked that same question last time, but the figures did not come out the way it was explained. He cannot in good conscience vote in favor of something that is incomprehensible. Councilor Kirkham feels we should put our concerns in a letter to the 9-1-1 Board, and that would possibly settle most of our concerns. Mayor Goolsby noted that their discussion did not get into the budget, but expenses which the City would have to pick up if we got into dispatching with the County. He wants to look at that contract, and find out what it says. Councilor Thomas stated it does not matter whether we pass this budget or not. We have a lion' s share in this operation, but a majority of the other cities have approved it. The motion failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Mr. Berzina stated that the City will furnish the County complete dispatching services. It does not say that we cannot recoup our costs. We are doing it for their prisoners. 70 Item 10d RESOLUTION NO. 220-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT EXERCISE OF OPTION BY COMMUNITY ACTION CORPORATION TO RENEW LEASE, AS AMENDED, AT 602 BROAD FOR SECOND RENEWAL PERIOD Moved by Councilor Buffum that Resolution No. 220-88 be passed. Motion seconded by Councilor Barenberg. Herb Taber stated that this was originally an abandoned building. In 1971, CAC requested the usage of it. They are already discussing improvement of the interior with the contractors. Councilor Buffum stated this appears to be a very open ended contract. He would think they would want to protect their investment a little better. The dollars they are using for this is federal dollars, and it is surprising that the federal government would allow them to use tax dollars for a building which they do not own. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Barenberg, Buffum, and Kirkham Nays: None (Councilor Thompson did not vote because of a conflict of interest. ) Item 10e RESOLUTION NO. 221-88 RESOLUTION APPROVING CONTRACT WITH BELL TELEPHONE TO RELOCATE FIBER OPTIC FACILITIES Moved by Councilor Barenberg that Resolution No. 221-88 be passed. Motion seconded by Councilor Kirkham. Councilor Thomas asked if he has a conflict of interest since most of it goes across his land, and Mr. Hodge explained that he did not. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10f A proposed resolution was presented reversing the denial of a conditional use permit for a beauty shop at 1106 Brook Avenue. A motion was made by Councilor Barenberg for its passage, and seconded by Councilor Hirschi. Noros Martin, 1106 Brook, appeared as President of the Better Business Bureau and managing partner of Martin Properties. His offices are located on the second floor of the Hamilton House. Other tenants are also located there. He noted the use and availability of the parking spaces. He stated that the average number of parking spaces used ranges i 71 Item 10f Cont'd from nine to thirteen. The issue is not parking on the street, but the parking that will be needed for Cross Keys beauty shop. He requested approval of conditional use for this area. Mr. McKinney explained that it requires five votes by the Planning and Zoning Commission, which is a simple majority. Attendance is normally very good. It was noted that the City Council is also required to have four affirmative votes, or a simple majority, to pass ordinances and resolutions. Discussion was held by various Council members on the location of the proposed beauty shop, fencing, etc. It was explained that it would be located in the carriage house at the rear, adjacent to single family residences. Mr. McKinney explained that the predominant use of the Hamilton House is office space. Another business in the Hamilton House was questioned concerning eligibility. Ruth Ward, 1705 Huff, noted that the Council' s decision today affects what happens in her front yard. She lives directly across from the parking lot of Hamilton Place and carriage house. The Junior League meetings there provide as many as thirty vehicles to contend with. The front parking lot is filled with six cars. Some people park at Dr. Max Brazil ' s office. The back parking lot was filled at 9: 30 this morning. The only place for these cars to go is down Huff into the residential area. She does not believe you can get twenty cars in that parking lot. She stated that driveways are blocked on Huff Street. There is also an antique and estate sale business at 1701 Huff. Last week an 18-wheeler spent two hours there. She requested that the Council deny this beauty shop because of major parking problems. Councilor Buffum noted that he had a part in the installation of the no parking signs. Mrs. Ward stated that she now has cars in front of her house all the time. She noted that women stay from two to four hours in a beauty shop. Andy Lee, 1918 Speedway, stated that he is lease manager for T. C. White and Company. He stated that they originally submitted a conditional use of the carriage house. He addressed various sections of the Zoning ordinance. Hours of operation for Cross Keys beauty shop would be from 8: 00 A.M. to 6: 00 P.M. , five or six days of the week. He noted the role of the Landmark Commission in design of the fence. He noted that the main ingress/egress will be on Brook Street. Councilor Buffum clarified that the beauty shop is presently located in a general commercial area, and is now moving to a limited commercial area; otherwise, there would not be a conditional use question. He commented that there is a difference between this and the one on Southwest Parkway because no resident could view those activities. Here we have a single family residence looking directly into this business. This is one of the most important factors to be considered. Councilor Hirschi feels this boils down to a problem with egress and ingress on Huff Street by the parking. Parking by the Junior League is probably more of a problem to them than the beauty shop. Parking is not only difficult for the neighbors, but also for the property owners to keep tenants in the building. It is still a problem, even with fences. Mary Jim Graham, 1710 Huff, presented pictures which she took on Huff Street. Cars are frequently parked on their street. She is concerned about the safety of children in the area, and the extra cars on this small parking lot. 72 Item 10f Cont'd Mr. McKinney explained that the fence was approved by the Landmark Commission, with certain conditions. It will also meet the Zoning ordinance. They would not issue a certificate of occupancy until the fence is put up. Mrs. Graham stated what they are most concerned with is anything that produces more traffic. She stated that she is a realtor, and putting that beauty shop there will not help her sell property in the area. Fred Lynch, 1718 Huff, is a registered professional engineer with Burk Royalty. He stated that he is amazed that the traffic is so heavy on Huff Street. There is no way you can park that many cars in that area. He stated that he has to park in the back of his wife ' s business because the people at the beauty shop on Harrison Street have taken up the parking spaces. He feels business should be kept out of these areas, and try to preserve them. His objection is first the parking, and second you should separate businesses from these areas. The City Council recessed at 12 : 00 P.M. , and reconvened at 12: 53 P.M. Deni Swearingen appeared as owner of Cross Keys Beauty Shop at 710 Brook. She stated there would only be six or seven people needing parking spaces at one time. No matter who is located there, traffic would still be involved. Councilor Barenberg asked if she should go out of business, would they be obligated to continue a conditional use in that space? Mr. McKinney stated they would be. The approval goes with the property. It could continue from then on. Councilor Kirkham asked if she had considered any other location? Mrs. Swearingen stated she has notified the state of this location. Gary Hopkins, a representative of Southland homeowners, stated that 40 people can go to a tanning booth in one day. You also cannot limit the number of operators in a beauty shop. In the Brook Addition, it is strictly professional office spaces. No beauty shops are located there. He feels the neighborhood has given concession after concession. Will this protect the neighborhood, or will it allow encroachment? Mr. McKinney explained that any kind of professional office can now go in the carriage house. Mr. Hopkins stated that the Council only has one chance to protect this property, and it is right now. Councilor Thomas feels we have probably made too many exceptions on Brook Street. He noted that architects, doctors, and beauty operators all have to have a state license. How do we make these judgments on professional offices? Mr. Hopkins stated that he sees a problem on Huff Street. It is setting a precedent, and is important for all neighborhoods. Councilor Thomas noted that the conditional use will go on after it is granted. Mr. Hopkins stated the Council can help by strengthening the ordinance. The fear of the neighborhood is that there will be more cars. There are lots of permitted uses of the property. Mr. Hopkins stated it would help to alleviate the fears of the homeowners if additional parking was provided. The neighbors see this as opening the door. He stated that the street is such that you cannot pass two on the street. It is also hard to negotiate turns from driveways. The neighborhood is being asked to provide parking for this business, and he does not think it is fair. Mr. Noros Martin stated they would never have enough parking space on the lot for thirty Junior League Provisional meetings. i 73 i Item 10f Cont'd Councilor Barenberg called the question. It was seconded by Councilor Kirkham, and failed by the following vote. Ayes: Councilors Barenberg and Kirkham Nays: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, and Buffum Councilor Thompson asked if it is possible to ask the Junior League to move their meetings to another location when there would not be enough parking? He has not heard a solution from the business owners for this problem. Miles Graham stated he did not see any significance of a fence in relation to parking. Councilor Barenberg feels it is not the job of government to solve the problem of a business doing business. It is a function of the government to solve problems of the community as a whole. He believes it is the job of the owners to satisfy their parking requirements before they solicit businesses. Mr. McKinney stated that additional parking would require approval of the Landmark Commission. Mayor Goolsby stated we have a problem involving business development. He has to come down on the side of homeowners in the neighborhood. We would hope the property owners would search for some way to improve the traffic pattern. The main concern is protecting the homeowners. Councilor Kirkham confirmed there are 20 parking spaces there at this time. They are only required to have 17 spaces for the existing businesses. Mr. Hodge noted that he will have to study the ordinance to see whether another application can be made. Mr. Berzina stated that you are not required to give a conditional use. You are only required to hear it. We are hearing about parking and neighborhood use. The property owner will have to study how he can use his property. He would suggest that we look at changing our ordinance so that the conditional use goes only with the business, and not the property. Councilor Thompson called the question. It was seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum Nays: Councilor Kirkham The motion for passage of the proposed resolution failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Item lla RESOLUTION NO. 222-88 RESOLUTION AWARDING BID FOR THE LANDFILL SOIL LINER V PROJECT Moved by Councilor Buffum that Resolution No. 222-88 be passed. Motion seconded by Councilor Thompson. 74 Item lla Cont'd Mr. Bonnett explained this will carry us through the end of next year. We are getting more regulation instead of less. Councilor Thomas and Mayor Goolsby feel that we have an obligation to let our congressmen know how we feel about these things. Councilor Thompson called the question. It was seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, and Buffum Nays: Councilors Thomas and Kirkham The motion for passage of Resolution No. 222-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, and Buffum Nays: Councilors Thomas and Kirkham The City Manager was instructed to look into an appeal to our congressmen. Item llb RESOLUTION NO. 223-88 RESOLUTION ACCEPTING BID OF JAMES ANDERTON GRASS COMPANY FOR THE CONSTRUCTION OF AN IRRIGATION SYSTEM IN LUCY PARK Moved by Councilor Thompson that Resolution No. 223-88 be passed. Motion seconded by Councilor Thomas. .Councilor Hirschi asked to what extent we are trying to work 'on water conservation with these bids? It was explained that they are trying to keep them off during the day. They could experiment with the sensors. Mayor Goolsby wondered if they could require that a certain number of local people be hired? The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None (Councilor Hirschi was away from the Council table. ) Item 12a RESOLUTION NO. 224-88 RESOLUTION ACCEPTING THE CONSTRUCTION AND IMPROVEMENTS TO POLICE HEADQUARTERS AND AUTHORIZING FINAL PAYMENT Moved by Councilor Thompson that Resolution No. 224-88 be passed. 75 Item 12a Cont'd Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None (Councilor Hirschi was away from the Council table. ) Item 13a Billboard regulations were discussed by Councilor Hirschi. He asked about the location for the sign at Taft and Midwestern Parkway. Mr. McKinney explained that the site has been approved, but no permit has been issued. Most of the signs on Kemp have been erected or in the process of being erected. Three companies have come in with approved locations. Mr. Berzina explained that this came about in connection with portable signs. Mr. McKinney explained that the primary concern is in general commercial zones that abut single family residences. Three options were looked at. The first would be to require removal or relocation of billboards. A sign committee could be established, composed of two appraisers and one member of the sign industry, and require the City to pay for the removal of the sign. The second option would be to prohibit any new billboards. The third option would be to require additional buffering restrictions on the location of billboards. In many instances they abut with single family areas. Additional separation between billboards and single family residences could also be required. The least impact on the industry would be restriction from residential areas. Location requirements could be strengthened, which is now the trend. Steve Harmon appeared as General Manager of Lamar Advertising. He presented a hand-out to the council members. He noted that signs are restricted to general commercial, heavy industrial, and heavy commercial, and he feels they should be allowed to be in those areas. He addressed various sections of the hand-out, stating he believes the City' s ordinance will take care of any problems the city will have. They have dismantled twice as many structures as they have built. He feels the ordinance should be left alone. He stated they could not operate if they had to dismantle the signs. If they amortize, they could operate for a period of time. Councilor Buffum noted that there are locations in Texas where this type of advertising has been abused. He wondered if they could profitably manage more signs. Mr. Harmon stated they are donating the space for drug free signs. The profit is going to Drug Free North Texas. He estimated that he owns less than five percent of the properties on which they have billboards in town. Half of the dismantling was due to either lost leases, property sold, or not in an economically feasible location. Mr. McKinney explained that a lot of the sign spacing requirements were incorporated into zoning ordinance in 1985 . Controls on signs were very liberal, and not very restrictive. None of the billboards which have been removed have been as a result of action by the City, except those which were illegally built. 76 Item 13a Cont'd Councilor Kirkham stated that he is more concerned about the 3X5 billboards set up on sidewalks than these. Mr. McKinney explained that they periodically try to enforce the portable signs. Moved by Councilor Barenberg that discussion be limited to 15 minutes on the next items. Motion seconded by Councilor Buffum, and carried unanimously. Item 13b Mr. Berzina addressed perpetual care for cemeteries. Jim Dockery noted that direction is needed from the Council to determine whether we want the cemetery properties to be self- sustaining in the future. Right now, the tax bill is funding fifty percent of the cost. Councilor Barenberg mentioned privatization of turning cemeteries over to Ray Ashbrook and others. He would like us to look at this concept. Councilor Thomas noted that we might increase the size of one of the cemeteries behind the service station. The one on Southwest Parkway has private land tied to it that might be willing to take it over. Councilor Hirschi stated that Bob Webb had contacted him with some information. Carriage Lanes were mentioned as additional spaces. Mr. Berzina mentioned three options, stating it could remain the same, set it up for perpetual care, or look for additional information. Mayor Goolsby would like for him to set up a proposed perpetual care, and let the Council look at it. Councilor Buffum agreed with the idea of privatization. Item 13c Judge Tom Bacus, 2726 Devon Street, addressed a problem in an area behind his house. No screening was done between commercial development and residential. Their concern is with the use of this property. A private club was located behind his house. The residential neighbors were given no notice that this business was going in. Noise and traffic were mentioned. Another licensee has leased the premises for a mixed beverage open saloon type business. Their back door will be fifty feet from the side of his house. He thought they had previously addressed this, that in the event anyone else who comes in there would have to have a public hearing for all neighbors to express their opinion on it. He understood that future uses would address the public hearing for neighborhoods. Because there was a private club there before, they are now trying to come in and do something this time that they could not do before. He feels they should have ' to go through the same process to get a mixed beverage permit on the premises. He also commended Mr. Berzina and Mr. Hodge for suggesting that limited commercial designation should be limited to that applicant only, and not the property. He believes the Code of Ordinances should be amended, and address alcoholic beverages encroaching on single family residences. Mr. McKinney explained that he had a concern about the private club going in. In amending the original Zoning ordinance, it was silent on private clubs. The land use impact went in with the private clubs. Any approval goes with the property. In order to change the ordinance, you would i 77 Item 13c Cont'd have to make the conditional use subject to that one business. Public hearings would have to be held. Councilor Buffum also thought we had addressed this. 1 Councilor Barenberg asked what recourse the property owner has, and Mr. Hodge explained that it all rests on the grandfathering of the non-conforming use. After zoning came in, liquor by the drink came in. Some restaurants had formerly operated as private clubs, and now they want to have liquor by the drink. They concluded that if they wanted to change, they could get a non-conforming use. Judge Bacus stated that as he sees it, he has to go back in as a private club, if at all. This license is being transferred from Tarrant County. He wonders what we can do to require these people to come back into a forum where people would have an opportunity to be heard. He suggested the ordinance be amended so that it not be transferable, and also address the 5400 series about how to deal with specifics on alcoholic beverage permits immediately adjacent to residential homes. Mr. Hodge explained that the non-conforming use provision was a big stumbling block in the passage of the ordinance. Mr. McKinney stated it was very heavily discussed. Mayor Goolsby requested that they develop a proposal for the council to look at. Charles Moose, of North Central React, requested a proclamation on National React Week. Nothing was brought forward for Items 13d and e. Items 13f,g The City Council recessed into executive session at 3 : 30 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 3 : 50 P.M. Moved by Councilor Thomas that Delfina Martinez and Louise Hunter be appointed to the Library Planning Committee, replacing Ben Valadez and Merrill Johnson. Motion seconded by Councilor Hirschi, and carried unanimously. The City Council adjourned at 3 : 55 P.M. PASSED AND APPROVED this the _� day of , 1988. Perry oolsby, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk Jr