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Min 03/05/1991 634 Wichita Falls, Texas Memorial Auditorium Building March 5 , 1991 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8: 30 o'clock a.m. , with the following members present. Michael Lam Mayor David Farabee - Charles Thomas - Angus Thompson - Paul Hughes - Councilors J. W. Martin - Don Kirkham - James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Tom Lyda, First Christian Church. Item 3 Jerry Lynn Holzer, a Fire Department employee, was honored as employee of the month for March. Mayor Lam presented him with a plaque, City of Wichita Falls pin, and tickets to a theatre and dinner. Mayor Lam presented proclamations for Flood Insurance Awareness Week and Literacy Month. Item 4 Moved by Councilor Hughes that minutes of the meeting held ! February 19, 1991 , be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Items 5a - 7e Moved by Councilor Kirkham that the consent agenda be approved. Motion seconded by Councilor Thompson, and carried by the following note. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None 635 Item 5a RESOLUTION NO. 38-91 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ATTACHED LIST OF ACCOUNTS Item 6a The bid for the City' s annual supply of automotive filters was awarded to Stewart and Stevenson Services, Inc. , in the amount of $34,676. 64. Item 7 Minutes of the meetings of the following boards and commissions were received. a. Civil Service Commission - February 12, 1991 b. Planning and Zoning Commission - February 13 , 1991 c. Board of Electrical Examiners - February 14, 1991 d. Community Relations Committee - February 20 , 1991 e. Civil Service Commission - February 21, 1991 Item 8a ORDINANCE NO. 15-91 AN ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW, AND AUTHORIZING TEMPORARY ON-PREMISE SALE OF WINE AND BEER PURSUANT TO SECTION 5420 ( 5 ) OF THE ZONING ORDINANCE, AT THE NOTRE DAME HIGH SCHOOL 15TH ANNUAL SPRING FESTIVAL ON MAY 3-5, 1991 Moved by Councilor Thomas that Ordinance No. 15-91 be passed. Motion seconded by Councilor Martin. Giola Ozuna, 1507 Bell, spoke in opposition to churches selling alcoholic beverages. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8b ORDINANCE NO. 16-91 AN ORDINANCE REZONING 212 VALLEY VIEW ROAD (LOOP 11) AND SURROUNDING 5. 45 ACRE TRACT OF LAND OUT OF DAVID WELCH SURVEY A-324, WICHITA FALLS, TEXAS, FROM SINGLE- FAMILY RESIDENTIAL (SF-2 ) TO LIMITED OFFICE (LO) ZONE (REZONING R-91-02 ) Moved by Councilor Hughes that Ordinance No. 16-91 be passed. Motion seconded by Councilor Farabee. 636 Item 8b cont'd. Perry Wesbrooks, Avondale Street, requested approval of the rezoning so that he will be able to move his professional office to this location. It was pointed out by Councilor Kirkham that the zoning designation of Limited Office is more restrictive that limited commercial. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Items 8c & 9d Moved by Councilor Martin that Items 8c and 9d be withdrawn from the agenda. Motion seconded by Councilor Kirkham, and carried unanimously. J. C. Boyd, 1613 Easy Street, expressed support for the Farmers Market. Betty Parks, 307 Taylor, submitted an alternate proposal for the market to the City Council. Her first proposal did not meet the requirements set out by the Committee. Mayor Lam noted that they will be looking at all proposals again. Council members ' discussion centered around the operational loss to the City, and their search for ways to make improvements. Item 8d ORDINANCE NO. 17-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON LOT 1-A AND 1-B, A. R. HILL SUBDIVISION Moved by Councilor Thompson that Ordinance No. 17-91 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8e ORDINANCE NO. 18-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 1) ( j ) OF THE CODE OF ORDINANCES WITH RESPECT TO A RESIDENTIAL LOT HAVE A DRIVEWAY OPENING ON A STREET FOR LOT 1, BLOCK 16 , STEHLIK AND BABER SUBDIVISION Moved by Councilor Hughes that Ordinance No. 18-91 be passed. 637 Item 8e cont'd. Motion seconded by Councilor Martin. Mr. Bonnett explained that Mimosa is a private street with a jointly owned driveway. Platting is required to build a workshop on the property. Various requirements and regulations were discussed. Councilor Kirkham was concerned about how this private street occurred, since it had to be platted. Mr. Bonnett stated he did not know, but guessed that a waiver was asked for and granted. He strongly recommended against bringing this private street into the City, stating this situation occurred many years �, ago, perhaps in the 1950 ' s. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, and Martin Nays: Councilor Kirkham Item 8f ORDINANCE NO. 19-91 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 1081-161-0001 Moved by Councilor Thompson that Ordinance No. 19-91 be passed. Motion seconded by Councilor Farabee. Mr. Berzina addressed Mrs. Ozuna' s questions pertaining to this type of situation. Mayor Lam encouraged her to check into these matters if she has an interest. Mr. Werner explained the state law on refunds, stating there is a bill before the legislature to allow more expediency in the legislative process. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9a RESOLUTION NO. 39-91 A RESOLUTION CALLING PUBLIC HEARINGS ON AN ANNEXATION PROCEEDING Moved by Councilor Martin that Resolution No. 39-91 be passed. Motion seconded by Councilor Hughes. Mr. McKinney explained that this was discovered when Rathgeber Road was annexed last year. The error goes back to 1962 . This lot has been outside the city limits since 1962 , but has been receiving services, and it needs to be brought in. The motion carried by the following vote. 638 Item 9a cont 'd. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9b RESOLUTION NO. 40-91 RESOLUTION AUTHORIZING POLICE DEPARTMENT TO MAKE APPLICATION FOR SECOND YEAR FUNDING OF NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE GRANT AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT REQUEST Moved by Councilor Hughes that Resolution No. 40-91 be passed. Motion seconded by Councilor Thompson. Chief Harrelson explained that this is a twenty-five percent matching grant. An extension of the present grant is being requested. An education prevention in the schools is included in the D.A.R.E. program. The motion carried by the following vote. Ayes: Mayor Lam, Councilor Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9c RESOLUTION NO. 41-91 RESOLUTION APPROVING AMENDMENTS TO CIVIL SERVICE RULES ADOPTED BY FIRE FIGHTERS AND POLICE OFFICERS CIVIL SERVICE COMMISSION FOR THE CITY OF WICHITA FALLS Moved by Councilor Hughes that Resolution No. 41-91 be passed. Motion seconded by Councilor Martin. Jan Stricklin explained they do not have a physical for those employees presently on board. This physical would be a part for determining capability of continuing in their capacity, or promotions or hiring. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 9: 23 a.m. , and reconvened at 9 :43 a.m. 639 Item 9e A proposed resolution was presented authorizing the City Manager to execute golf course contract amendment number six with RSL for management of the Weeks Park Municipal Golf Course. A motion was made by Councilor Hughes, and seconded by Mayor Lam, for its passage. Mayor Lam presented a brief history of the Weeks Park Golf Course. He noted problems caused by the elements of Mother Nature and the Holliday Creek project. It is a tough job to evaluate where we are and where we want to go because nothing remains stable for comparative purposes. Paul Hughes served as Chairman of the committee, including Charles Thomas and Michael Lam, to evaluate the request presented by RSL. He stated they have done the best they can, and have come up with a proposal that is fair. Councilor Hughes summarized the proposal, and what has been agreed upon between the committee and RSL. The green fees would be increased across the board by $1 . 00. They would waive the green fees for the Texas Oklahoma Junior Tournament, and maintain a full service snack bar year around, except when the course is closed. They would continue to allow RSL to use free raw water. Rental would be reduced to $1000 per month from March 1 to October 31 , 1991. RSL will also provide better information to the City, such as budget and maintenance records. Herb Marvel, 1815 McGregor, represented the Wichita Falls Men' s Senior Golf Association. He noted comparisons between Weeks Park and River Creek golf courses. He was complementary of the meeting held with representatives present. They would like to have a manager in the Club that they could go to with their problems. He stated that the present contractors took the contract in good faith. The City has bent over backwards for them. They had every chance to do a good job, and they do not feel they have done a good job. He suggested that a fee increase be turned down today. A lengthy discussion continued on arbitration and other concerns. Councilor Hughes noted that everyone has to contribute. They have budgeted for 43 ,500 rounds this year, which is a twenty-five percent increase. The last fee increase was in 1987. Social Security has gone up fourteen percent in this same time period. It was very difficult to come up with an annual fee that all seniors would agree with. That is one reason they come up with the $1. 00 increase. They are trying to be fair with all citizens and golfers, and to those who do not play golf. He believes the committee would have made these same recommendations if the City had been running it. Between the management company and the committee, this is what they came up with that they felt was fair to both. Discussion included the number of times played during the year. James Stewart, 1536 Primrose, noted that of the f� approximately 150 members at Weeks Park about 100 are seniors, and 50 are full membership. Councilor Hughes noted that the cost per round for senior is only 30 to 40 percent of what a regular round would cost. He feels some increase may be justified. Mayor Lam pointed out that there is not a member of this Council or city staff that does not think the concerns of the senior citizens should not be a matter of concern to them. Everyone has to share in this cost. Fred Smith, 5312 Montreal, stated he is a retired elementary school principal. He requested that the fees not be increased. Most of the senior golfers are on a fixed income. 640 Item 9e cont 'd. Winston Klepper, 4616 Lake Park Drive, expressed concern about the stability of the seniors organization, which is seven years old. Councilor Martin expressed that he opposed free water to the golf course, but would go along with leaving everything as is, and take another look at it later. Councilor Farabee noted we already give them free water, but does not see how we subsidize them in any other manner. He noted that he pays $8 . 00 per round, and someone else is paying $2 . 00 per round. He wishes it could be closer together. Other council members complimented the seniors for their presentation. Councilor Thompson expressed very little confidence that this will work. The conclusion he has drawn is that they believe the golf course is not being managed properly. Councilor Kirkham noted that the benefit of this amendment is that we are going to monitor it for the next nine months. Bob Dickerson, 3507 Copperas Cove, stated that if this proposal goes through, four men would car pool to River Creek. He stated he would rather go to arbitration than for the City Council to approve this. Bryan Wagner stated he has seen the years when this course paid for itself. When it was contracted out it went to free enterprise. He believes the City should take it back. Mayor Lam noted we do not have the option to terminate the contract. Part of the contract is that he can propose fee increases and if they do not approve it, it goes to arbitration. Councilor Kirkham suggested raising the annual fee a few dollars to eliminate the $1. 00 per round. It will not give the regular golfer a break, but would the seniors. Mayor Lam stated they put forth quite a few proposals to this company. If they are not happy, then arbitration is the answer. Revenue has to be paid in rounds. The motion failed by the following vote. Ayes: Mayor Lam and Councilor Hughes Nays: Councilors Farabee, Thomas, Thompson, Martin, and Kirkham Item 10a Mr. Humbach explained there are two bond ordinance proposals from which they will need to select. Councilor Thomas suggested we not pass a bond issue at this time. W. C. Young, 1018 Widows Lane, noted the economic conditions for a bond issue. Councilor Thompson stated street and drainage improvements are needed, and he would like to go ahead with it. Councilor Kirkham stated he has not talked with many who are in favor of this bond issue. When the opinion vote was conducted it was prior to Desert Storm, school financing, and state funding. He would rather not put it on and guess whether it would pass, than to put it on and fail. Councilor Farabee commented that most people on the Council thought a one-half cent sales tax would pass, but it didn' t. He does not want to not give the voters the opportunity to say yes or no. His preference would be the two issues. 641 Item 10a cont'd. Councilor Hughes noted that if we ask the citizens to vote on these issues it is because we feel we really need the project. He pointed out that we would pay more in interest the first year than it would cost to do the project. He suggested that departments prioritize these projects, and bring them to the Council in the budget and get the work done, as opposed to paying $500,000 to $600,000 interest for the first few years. It would save about 8 million dollars in interest on a 20-year note. Councilor Martin commented that there is really nothing in there that we could not get by without for a short period of , time. We do not know what the school situation is going to be. Many things have happened since the straw vote was taken on the ballot. Some of these things can be done within the budget. All of them are needed, but believes we cannot afford to pay for them now. Councilor Thomas asked about the payoff date on our present bonds. Mr. Werner stated the general revenue fund bonds will be paid out about the year 2006. He stated we do not have a declining annual payment as we did at one time. Interest rates are probably as low as you are going to see for some time. Mayor Lam pointed out that voters placed him here to make these decisions. The increase in the police force approved by voters will put pressure on them for funds, along with other things. He believes it is in the best interest at this time to delay a bond issue until they see where they are going on some other critical things. Councilor Kirkham endorsed the comments made by Councilor Hughes on doing some of these things in the budget. Councilor Thompson believed the citizens would be best served if we can accomplish this. Mr. Berzina noted that some of the projects can be taken care of in the normal budgeting procedures. He pointed out, however, that he sees a little different budget process this year, and maybe one of the things we should do is get the operating budget done, then present to them a capital improvement budget and decide if they want to do any of them. It makes it extremely hard to do the big projects. Councilor Hughes agreed with this approach, stating the Committee could continue to work on it. Moved by Councilor Thomas that this item be withdrawn from the agenda. look Motion seconded by Councilor Hughes, and carried unanimously. Item 10b William Young, 1018 Widows Lane, commented on a proposal to cut sales tax, golf course management, and bus service. Robert Reynolds, Jr. , 5215 St. Helena, spoke in favor of extension of city bus routes. 642 Item 10b cont'd. George Banta, 4436 Callfield, presented information on property he owns on Sheppard Access Road in connection with the Maurine Street extension. He asked if a culvert could be installed. Removal of fences to grade the easement was mentioned. After further discussion Councilor Hughes suggested that a report to them be prepared outlining this situation. Mayor Lam explained they would get back with him and other property owners after they have seen the report. James Hansard, Route 2, Wichita Falls, asked for assistance in the form of dumpsters for the Christmas in Spring program. John Ward, Route 1, Wichita Falls, explained that his wife started this program several years ago. He requested volunteers from the Council for the kickoff of the program. Mr Berzina will send a report to council members on this project. Douglas Simmons, 3703 Clovis, requested assistance in cleaning up the irrigation canal. Ownership and maintenance responsibility were discussed. Water District No. 2 will only maintain it the same way they do in open pasture land. Councilor Kirkham and Mr. Berzina stated they will only mow the top of the banks once a year, but they will not mow the slopes. The City Council recessed for lunch at 12 : 55 p.m. , and reconvened the meeting at 1: 35 p.m. Item 10c Councilor Kirkham asked about activities we might be involved in with Sheppard Air Force Base for the returning troops. Item 10d Mr. Berzina reported on funds for the proposed nature center in Lucy Park. The City Council adjourned at 1: 45 p.m. PASSED AND APPROVED this the l �� day of 1991. 1000 Michael La , Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk