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Min 12/06/1983 323 Wichita Falls, Texas Memorial Auditorium Building December 6, 1983 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 Craig A. Wilson Councilmen I Howard M. Morris Horace 0. Boston James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer The invocation was given by DeForrest Wiksten, First United Methodist Church. Item 3 Moved by Councilman Thomas that minutes of the meeting held November 15, 1983, be approved. Motion seconded by Councilman Boston, and carried unanimously. Items 4a - 8c Items 5d and 7a were moved to the regular agenda. Moved by Councilman Morris that the remaining items on the consent agenda be approved. Motion seconded by Councilman Thomas. Item 4a Margie Dickey, an employee of the Utility Collections Department, was honored as Employee of the Month for December. Mayor Cook presented her with a plaque and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 148-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY-FIVE (25) FOOT WIDE ALLEY IN BLOCK 155 OF ORIGINAL TOWNSITE, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 149-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A FIFTEEN (15) FOOT WIDE UTILITY EASEMENT IN LOT 1 , BLOCK 20, MIDWESTERN PARK, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 324 Item 5b ORDINANCE NO. 150-83 ORDINANCE AMENDING SECTION 7-15 OF THE CODE OF ORDINANCES ADDING PROVISION FOR REINSPECTION FEES AND INSPECTION FEES OUTSIDE CITY LIMITS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 151-83 ORDINANCE AMENDING SECTION 14-71 OF THE CODE OF ORDINANCES TO CHANGE THE MINIMUM PERMIT FEES AND INSPECTION FEES OUTSIDE THE CITY LIMITS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 152-83 ORDINANCE AMENDING SUBSECTION 7 OF SECTION 18-1/2-2 OF THE CODE OF ORDINANCES TO PROVIDE FOR MECHANICAL CODE PERMITS OUTSIDE THE CITY LIMITS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 153-83 ORDINANCE AMENDING SECTION 27-22 OF THE CODE OF ORDINANCES TO CHANGE THE PERMIT FEES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 154-83 ORDINANCE AMENDING SUBSECTION (106.3) OF THE PLUMBING CODE, TO ADD PARAGRAPHS (b) THROUGH (f) CONCERNING PERMIT FEES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5c ORDINANCE NO. 155-83 ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL EQUITY FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 6a RESOLUTION NO. 235-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JAMES D. HAGUE FOR PURCHASE AND INSTALLATION OF A TRAFFIC SIGNAL AT THE KEMP STREET ENTRANCE TO PARKER SQUARE SHOPPING CENTER. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 325 Item 7b The bid for a police microprocessor system was awarded to Radio Shack in the amount of $14,327.88. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7c The bid for 200 parking meters was awarded to Pom, Inc. , for a unit price of $130.90. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Items 8a - c Minutes of the meeting of the Employee Benefit Trust Committee held October 27, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston INays: None Minutes of the meeting of the Kemp Public Library Advisory Board held October 27, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Minutes of the meeting of the Planning Board held November 9, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5d A request was presented from 7-Eleven Food Stores for a waiver of Section 4-24 of the Code of Ordinances to allow the sale of alcoholic beverages for off-premise consumption at Broad and 14th Streets. ORDINANCE NO. 156-83 ORDINANCE GRANTING WAIVER OF SECTION 4-24 OF THE CODE OF ORDINANCES FOR PROPERTY AT SOUTHEAST CORNER OF BROAD AND 14TH STREETS, CONCERNING MEASUREMENT FROM SCHOOL TO PLACE WHERE ALCOHOLIC BEVERAGES ARE SOLD. Moved by Councilman Morris, for discussion, that Ordinance No. 156-83, be passed. Motion seconded by Councilman Thomas. Councilman Harper asked the City Attorney to explain this request. City Attorney H.P. Hodge stated that City Councils are granted authority to prohibit sale of alcoholic beverages within 300 feet of schools, churches, and hospitals. The City Council has seen fit to exercise this authority, and to prohibit the sale within this 300 feet. The state law also provides that the City Council may also grant waivers of the city ordinance in these cases. Both state law and city ordi- nance use the same measurement standard. He explained the measurement requirements in each case. He stated that this method of measuring distances from schools was changed in the 1983 legislature. Under the old law, this property was not within 300 feet of the school . There is a place of business on the north side of the school which falls under the old law. Under the new law, this location is within 300 feet of the property line of the school . When we re-wrote the ordinance, we changed it to comply with state law. Councilman Harper asked if we have the permission of residents within 300 feet? Mr. Hodge stated that this would not apply because that particular ordi- nance applies to businesses along state highways. Councilman Harper noted that Jiffy on Norman Street had to move their business a few feet closer to the 326 Item 5d, Cont'd. Jacksboro Highway several years ago. Mr. Hodge explained that this was under certain distances from state highways. Councilman Swift asked if the business is on a highway, it makes no difference who is abutting? Mr. Hodge explained that it matters on hospitals, schools, and churches, but not residents. Councilman Swift confirmed that this particular business is within the perimeters of the highway ordinance except for location to the school . Councilman Thomas stated that on 13th Street there is another business which has this same license. The school is also fenced. Also, if the property is on a state highway, would it stay vacant? Doc Anderson, Realtor, stated that he doubted it would stay vacant long because it is in a prime location, but the 7-Eleven Store is the highest and best use. In the past there have probably been requests for beer licenses, but the property is large enough for a McDonalds, or something like that. Dr. Lee Williamson did not oppose it. Councilman Wilson stated that as a unit he did not oppose it, but he was against it. He stated that the fact that there is another nearby has no bearing on it. City Attorney H.P. Hodge commented that they talked about the chain link fence being around the school . He stated that he drove around it, and that is not absolutely correct. There are gates on the 14th Street side, and they were open. Councilman Harper stated that they were open this morning, and teachers and children were going through them. Councilman Swift asked if he could apply for a hard liquor license next to a school ? Mr. Hodge stated that he could. It would have to come back to the City if he wanted to sell hard liquor here. Councilman Harper stated that he would vote against the waiver because there was a positive action by the legislature to change the measurement. Also, it does not meet the school 's wishes. Mel Petty appeared for the Southland Corporation in Dallas. She stated that the law was changed because of something in a Dallas convenience store. An 18-year old student bought liquor in Dallas, and returned to school . Their purpose is to have wine and beer. The reason this license was expired is that the owner abandoned the property, and let his license expire. She stated that she will not take this location without a beer and wine license. The motion for passage of Ordinance No. 156-83 was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Morris, and Boston Nays: Councilmen Swift, Harper, and Wilson Item 7a Bids were considered on two garbage trucks. Pak-Mor Manufacturing Company submitted the only bid, but in three combinations. Councilman Harper asked some questions about the bid. Joe Leonard, Sanitation Superintendent, explained that the only changes in the specifications this year were the use of the flotation tire, and that the forks be required to retract to a 90 degree angle. Moved by Councilman Harper that the bid for two front-end loader garbage trucks be awarded to Pak-Mor Manufacturing Company in the amount of $162,451 .22. Motion seconded by Councilman Thomas, and carried unanimously. Item 9a Mrs. Jimmy Wolfe, 1122 Covington, requested a waiver of the animal ordinance in order to keep four sheep and four goats in the city limits. She stated that it would be detrimental to the health of the animals if they are enclosed in a four foot pen. She stated that her four children drink goat milk, and the older ones also have sheep as 4-H projects. The Health Department stated that there had been a complaint. 327 Item 9a, Cont'd. Councilman Morris asked how long she had lived there, and if she were aware of the ordinance? Mrs. Wolfe stated that she had lived there three months, and that she knew there was an ordinance, but she thought it was just for a shelter. City Attorney H.P. Hodge explained that 400 feet per head is a minimum. Your can keep no more than two livestock on a parcel of land, no matter how many square feet. There are some areas in the city limits that are undeveloped, and have a rural quality, and in this case the ordinance says it will not apply, but other than that there is a limit to two livestock on any parcel of land in the city limits. Councilman Thomas stated that we are making a sizeable investment in improving that street. He asked if she couldn't go back to two nannies and let the children keep the 4-H animals somewhere else, in order to not hamper the neighborhood from being more city oriented. Mrs. Wolfe stated that all of her children are allergic to cows ' milk. The two older ones can tolerate it to a certain extent. She stated that she wanted the goats so that she would know about the health of the animals, and also that the milk was sanitary, yet she stated that she is purchasing the majority of the goats' milk elsewhere because they are not producing well now. The sheep are there to totally graze the area. She stated that she has to rake manure in the feeding area, trails, and resting areas. She stated that she has under two acres to maintain. Councilman Wilson explained that it was her responsibility to check on this before she moved into the city limits, because this is not a normal situation. The Council did not grant the waiver, and she will be expected to comply with the ordinance. Item l0a ORDINANCE NO. 157-83 AN ORDINANCE WAIVING SECTION 9(L)(4) FRONTAGE, OF APPENDIX A OF THE CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORD. NO. 2118) , CITY v OF WICHITA FALLS, TEXAS FOR LOT 4-D, PARKWAY ADDITION. Moved by Councilman Harper that Ordinance No. 157-83 be passed. Motion seconded by Councilman Thomas. Roger McKinney explained that the reason for this request was to waive the access from the front. Mayor Cook confirmed that there is the potential down the road for the city to maintain this street. The City Attorney stated that there is that possibility, but the City would not be required to accept the responsi- bility to maintain it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10b ORDINANCE NO. 158-83 ORDINANCE PERMITTING WICHITA FALLS FIREFIGHTERS, WHO ARE MEMBERS OF THE WICHITA FALLS FIREMEN'S RELIEF AND RETIREMENT FUND, TO DEFER FEDERAL INCOME TAXES ON THEIR MONTHLY CONTRIBUTIONS TO THE PENSION FUND FROM THE TIME CONTRIBUTIONS ARE MADE TO THE LATER TIME BENEFITS ARE RECEIVED FROM THE FUND. Moved by Councilman Morris that Ordinance No. 158-83 be passed. Motion seconded by Councilman Boston. 328 Item 10b, Cont'd. City Attorney H.P. Hodge stated that there is authority for this in the federal code. This is the same type of thing as IRA, Keogh, etc. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10c ORDINANCE NO. 159-83 ORDINANCE TO REPEAL ORDINANCE 116-83 PERTAINING TO WATER RATES AND OPERATING PROCEDURES FOR RETAIL CUSTOMERS USING RAW WATER ONLY AND TO INSTITUTE A REPLACEMENT ORDINANCE. ✓ Moved by Councilman Wilson that Ordinance No. 159-83 be passed. Motion seconded by Councilman Morris. Jerry Gross, Acting Director of Public Utilities, explained that this ordinance would eliminate the readiness-to-serve charge. Councilman Harper asked if there had been a complaint on this? Mr. Gross stated that they had received several calls on it. He also stated that some Country Club residents tap off the Jasper Street line since the aqueduct has been closed. They use it for irrigation purposes. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item lla RESOLUTION NO. 236-83 RESOLUTION ACCEPTING IRRIGATION AND LANDSCAPE IMPROVEMENTS AT THE TRANSFER STATION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR, WEBB LANDSCAPE COMPANY. Moved by Councilman Wilson that Resolution No. 236-83 be passed. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item llb RESOLUTION NO. 237-83 RESOLUTION TO ACCEPT THE RESULTS OF A CONTRACT WITH RADY AND ASSOCIATES, AND TO AUTHORIZE FINAL PAYMENT. Moved by Councilman Morris that Resolution No. 237-83 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked where this report is? Jerry Gross, Acting Director of Public Utilities, stated that the results of this are for policy decisions. The computer has already been used to certain advantage in making certain decisions. The motion was carried by the following vote. 329 Item llb, Cont'd. J Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item llc i RESOLUTION NO. 238-83 RESOLUTION APPROVING THE FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF THE 1983 REPLACEMENT OF UTILITY SYSTEMS. Moved by Councilman Morris that Resolution No. 238-83 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked what the increase is for? Mr. Gross stated that they are unit quantity changes. It is not infrequent that they find something is not in the ground that they thought was there. These are changes in the original design, and the work as it progressed. Total difference in the contract is 3 percent. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item lld RESOLUTION NO. 239-83 RESOLUTION APPROVING THE FINAL ESTIMATE AND ACCEPTING CONSTRUCTION y OF THE 1983 COMMUNITY DEVELOPMENT BLOCK GRANT REPLACEMENT OF UTILITIES. Moved by Councilman Harper that Resolution No. 239-83 be passed. Motion seconded by Councilman Boston, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item Ile The City Council previously agreed to support the Wichita Falls Area Food Bank parking lot paving in the amount of 25 percent of the actual construction cost, provided they could raise the remaining 75 percent. The paving has been done and the City' s portion is $4,647.25. Moved by Councilman Harper that payment in the amount of $4,647.25, be approved. Motion seconded by Councilman Thomas. Councilman Thomas asked who put up the remaining three-fourths? David Brock stated that Tom Foley refunded a certain part of the paving. Also, there were some funds left over from the building fund, and there were also some private donations. Councilman Thomas asked if the County or any other governmental agency offered to assist them, or if they were asked to assist? Mr. Brock stated that he had not personally approached any of these agencies. He was not sure who had been approached and who hasn't. Councilman Morris asked what percent of the people served live within the city? Mr. Brock stated that by poundage rate most of it goes to the citizens of Wichita Falls; probably 80-90 percent in Wichita Falls. Twenty out-of-town agencies receive food bank supplies. . 330 Item lle, Cont'd. The motion was carried unanimously. Item 12a Councilman Harper requested that the city staff prepare a detailed report on the pros and cons of fighting fire adjacent to the city limits, and also on the use of the Jaws of Life outside the city. He stated that he has received several calls on this, and he does not know how to answer these calls. Item 12b The City Council adjourned into executive session pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. The meeting adjourned at 10:00 A.M. PASSED AND APPROVED this �o' lv day off«� y��, 1983. a a D. ok, Mayor ATTEST: JL!�artaJ O Wilma J. Thomas, CMC, City Clerk