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Min 01/03/1984 340 Wichita Falls, Texas Memorial Auditorium Building January 3, 1984 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 Councilmen Craig A. Wilson Horace 0. Boston James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer Howard M. Morris Absent The invocation was given by Angus Thompson, Executive Director, Community Action Corporation. Item 3 Councilman Harper corrected the name of an appointee to the Park Board on Page 339 of the minutes from Curtis Smith to Curtis Willis. Moved by Councilman Thomas that minutes of the meeting held December 20, 1983, be approved as corrected. Motion seconded by Councilman Boston, and carried unanimously. Items 4-9 Item 6a was moved to the regular agenda. Moved by Councilman Wilson that the consent agenda be approved. Motion seconded by Councilman Harper. Item 4a Roger Bushe was honored as employee of the month for January. Mayor Cook presented him with a plaque, and two tickets each to a theatre and dinner. Mayor Cook also presented citations to employees of the Street and Water Distribution Departments for the long hours they worked during the two weeks of ice and snow. Employees representing the Water Distribution Department were Salvadore Moreno, Rosalio Garcia, and Melvin Russell . Employees representing the Street Department were Joe Tucker and Louis Walker. Councilman Thomas asked why the electronic media is not proud of the city employees, and why they take pictures of-the crowd when presentations are being made, as opposed to taking pictures of the recipients? Mayor Cook also recognized the Fire and Police Departments for their work in a the elements, stating that the Council is proud of all employees. Item 5a ORDINANCE NO. 1 -84 AN ORDINANCE CHANGING THE NAME OF ROSEBARK LANE TO NOTTINGHILL LANE WITHIN THE CITY OF WICHITA FALLS, AND REPEALING ALL ORDINANCES OR PORTIONS THEREOF IN CONFLICT HEREWITH. 341 Item 5a, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston. Nays: None Item 5b ORDINANCE NO. 2-84 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND EQUITY TO V 4 ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays : None Item 6b RESOLUTION NO. 1 -84 RESOLUTION APPROVING THE APPRAISAL OF PROPERTY FOR AN EASEMENT TO ACCOMODATE A SIX INCH GRAVITY SEWER MAIN AND AUTHORIZING THE PURCHASE V V OR CONDEMNATION OF SAME. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 7a The bid for renovation of the police juvenile detention facility was awarded to George Berre, in the the amount of $15,500. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston. Nays: None Item 8a Authority was granted to advertise for bids for budgeted replacement of L utility systems. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 8b Authority was granted to advertise for bids for community development block grant replacement of utilities at various locations. L Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 8c Authority was granted to advertise for bids for improvements to the North Beverly pump station. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays : None Item 9a Minutes of the meeting of the Building Board of Adjustments and Appeals held ✓ December 7, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6a RESOLUTION NO. 2-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT AND EASEMENT IN EDGEMERE PARK WITH TEXAS ELECTRIC SERVICE COMPANY. 342 Item 6a, cont'd. Moved by Councilman. Thomas that Resolution No. 2-84 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked if this provides electricity for the sprinkler system, and if the automatic system is the most economical way? Parks Director Bill Hursh stated that he thought it was. Councilman Thomas also asked if we are going to have sections of boulevards done by employees this summer? Mr. Hursh stated that we are, including some parks. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays : None Item 10a The public hearing was opened on hazardous structures. No one desired to be heard, and the hearing was closed. ORDINANCE NO. 3-84 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE, AND DECLARING AN EMERGENCY. Moved by Councilman Wilson that Ordinance No. 3-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item lla A motion was made by Councilman Wilson, and seconded by Councilman Thomas, for the adoption of an ordinance designating the Memorial Auditorium and Kell House as landmarks, deleting the Design Review Commission 's authority. Councilman Swift asked what is the purpose of deleting the Design Review Commission from it? Councilman Wilson stated that he sees a problem of other structures in town popping up, but they may now want to be subject to that kind of control , such as changing windows, etc. Planning Director Roger McKinney stated that any guidelines approved by the Design Review Commission could be appealed to the Council , and they would have the ultimate authority to approve it. The Design Review Commission was created to protect the City's historic resources, and to check and make sure any renova- tions are made in accordance with the guidelines. Councilman Wilson asked if this might lessen the number of landmarks being requested? He would think that it might, and that it might also encumber those people wanting to request a designation. Mr. McKinney stated that the Design Review Commission recommends it with the owner's consent. The motion failed by the following vote. Ayes: Councilmen Swift, Thomas, and Wilson Nays : Mayor Cook, Councilmen Harper and Boston ORDINANCE NO. 4-84 AN ORDINANCE AMENDING SECTION 2-160.7(2) OF THE CODE OF ORDINANCES, CITY OF WICHITA FALLS, TEXAS, TO ADD A SUBSECTION (C) DESIGNATING v THE MEMORIAL AUDITORIUM AND THE KELL HOUSE AS WICHITA FALLS LANDMARKS. Moved by Councilman Harper that Ordinance No. 4-84 be passed, as presented. 343 Item lla, cont'd. Motion seconded by Councilman Boston, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, and Boston Nays: Councilman Wilson Item llb Discussion was held on a proposed ordinance declaring the provision of alleys to be optional , with certain exceptions. A motion was made by Councilman Harper, for discussion, that the ordinance be passed. The motion was seconded by Councilman Thomas. Councilman Harper stated that he did not see in any of the comments of any discussion of the Planning Board, and asked if they had discussed this? Planning Director Roger McKinney stated that they did approve it. He stated that most of the developers like the option of either having or not having alleys. Councilman Harper asked what the options are in this ordinance? Mr. McKinney stated that if a developer wants alleys he would have to complete them to higher standards, but he would not have to put them in if he did not want them, except in certain circumstances as listed in the ordinance. Councilman Wilson stated that it seems that we will not see any option for rear access if 12-foot alleys are required. One developer had stated that he would build very few rear access entrances. He wondered about the response from other developers. Acting Public Works Director Dane Bennett stated that they had a meeting with contractors, and only one major developer had a problem with alleys. He wanted to continue with 9-foot alleys. He would not build 12-foot alleys, but would just delete them entirely. Mr. Bennett did not remember any dissatisfac- tion with the 12-foot alleys. Councilman Thomas asked if in the sections where we develop alleys for rear entrances, does it become a part of their driveways? He stated that there is a lot more traffic on it. He does not see why we should penalize the rest of the citizens for those who want rear entrances. City Attorney H. P. Hodge stated that the way it is now, the alleys are our responsibility. If they want to provide for it being a street they would have to come up with something to take care of that. City Engineer Martin Raabe stated that the cost difference between a nine and twelve foot alley would be about $540. Councilman Harper stated that alleys would only be built in high income areas, and he feels, as Councilman Thomas, that the maintenance of those alleys should go back on the homeowners. Moved by Councilman Thomas that this matter be tabled, and that it be brought back to the Council meeting with a provision for property owners to maintain alleys where rear access is used. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, and Boston Nays: Councilman Swift Item llc Jiffy Food Stores requested a waiver to sell wine and beer for off-premise V' consumption at 4200 Callfield Road. (The property is actually 4200 Fairway. ) Moved by Councilman Swift that the request for waiver be considered, for discussion. Motion seconded by Councilman Boston. Bob Terry, 4913 Andria, represented Jiffy Food Stores, stating that this store was closed for two years because they could not compete with stores selling 344 Item llc, cont'd. beer on Southwest Parkway and 7-Eleven on Callfield and Kemp. He stated that people will drive only so far where convenience stores are concerned. He stated that it is not the sale of beer, but it is the sale of other related items that you sell with it. Mayor Cook asked if the property to the west and east are residences? Mr. Terry stated that there are residences down Wyoming. There are businesses down Fairway in both directions. The only real residences in this area are on Wyoming Street. Councilman Wilson asked if they had gained in numbers of stores for selling beer after that ordinance was passed? Mr. Terry stated that they have one more now than previously. Councilman Swify asked Mr. Terry what he needed to do to abide by the ordinance? Mr. Terry stated that he needed to get this person to sign a waiver. Councilman Swift then suggested that he do so. He also asked Mr. Terry if he thought this person also has property rights? Mr. Terry stated that he had been unable to get this person to sign a waiver. Councilman Swift also ques- tioned Mr. Terry about the grocery store he referred to, asking if he thought he needed a license because there are other stores in Wichita Falls selling beer and wine? Mr. Terry stated that he knew it. Councilman Harper asked if the mobile home is legally located there? Roger McKinney stated that it is. The motion failed by the following vote. Ayes: None Nays: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Item 12a Mike Bradshaw, 4722 Taft, appeared representing David White, requesting that the City fund a portion of the cost of the proposed landscaping for the Hamilton Building complex. Mr. Bradshaw stated that they are aware of funds available for j landscaping in the downtown areas, such as the Atrium and Capital Center. He stated that they have an endorsement from Midtown Now. They have plans and spec- ifications that are out for bids now. He is asking for the maximum for Travis and 8th Streets. Without matching funds, the landscaping would not go on in front of the Hamilton Building. They would landscape 8th Street. Mr. Bradshaw stated that this is a two and one-half million dollar construc- tion cost project. Councilman Wilson asked why this was not included in the two and one-half million dollar project? He stated that he did not know. He thought it was in the budget, but it came to his attention that there are funds available for these improvements. Councilman Harper stated that he would like to get away from the liveoak trees. He stated that he has some problems with paving demolition and lighting, but he does not see any problem with assisting in the planting of trees. Mr. Bradshaw stated that the reason for the demolition of the sidewalk is that the color of the pavement has changed throughout the years. He also men- tioned a 5000 square foot plaza for the restaurant in the Hamilton Building. Mayor Cook asked Mr. Bradshaw what would prevent Mr. White from building another building on what is projected to be landscaped? Mr. Bradshaw stated that it is already in the plans to put a building where the parking lot is, but it would not disrupt the plantings. Councilman Wilson stated that he applauds the efforts of Mr. White. What he objects to is the amount of dollars he is asking for. It would amount to the taxes paid by 100 homes in Wichita Falls. These funds could be used for something else more important. Councilman Boston asked Mr. Bradshaw what he plans to do if we don 't let him have this money? Mr. Bradshaw stated that they intend to landscape the area from the corner of the Hamilton Building to the alley on Travis. Only on the 8th Street side and Travis Street side. 345 Item 12a, cont'd. Councilman Harper encouraged development by paying for the landscaping part only. Councilman Wilson agreed with this concept, and let them take care of the sidewalk and lighting. Mr. Bradshaw stated that the total of landscaping represents $15,000. He requested that the City pay for the watering of the trees. Councilman Swift noted that the City does not pay for the water on his trees. Councilman Harper recommended that a contract be prepared, providing funds up to $20,000 to pay for planting and irrigation of the trees. Mr. Bradshaw stated that their estimate was $16,500 for planting and irrigation. Councilman Boston stated that they should look for more economical trees. Councilman Swift noted that he would be interested in seeing a contract for trees and irrigation only. Mr. Bradshaw stated that bids are due January 17. They would probably come back to the Council the first meeting in February. Item 12b David Brock appeared, stating that community development funds can be spent for utility replacement. He would suggest that this money not be spent until we determine how much damage was done, and get the most benefit from these funds, and not just sidewalks. Mr. Brock asked when a meeting would be held on Ringgold? Mayor Cook stated that he did not know, but probably within the next two weeks. Mayor Cook asked the City Attorney if this would be considered an open meeting? Mr. Hodge stated that his off-hand thought would be that it would not be an open meeting. Mayor Cook noted that information would be available to the public. Mr. Brock stated that he would like to have access to the information from the committee. They would like to attend the meetings. Councilman Harper asked if we could change the name of Wyoming Street to Callfield? Roger McKinney stated that they had had opposition from the property owners on the street in the past. Councilman Harper asked for clarification on the number of liquor ordinances we have. City Attorney H. P. Hodge stated that we have three combined in the Code of Ordinances. One deals with on and off premises in the downtown area. The second section is concerned with street numbered highway systems in the city. Sale is allowed at any location along those streets within 200 feet of the right- of-way without regard to residences for beer, wine, and distilled liquor. The third section allows the sale of beer and wine only in restaurants and/or grocery stores for off-premise consumption not within 300 feet of schools, hospitals, churches, or residences. The above ordinance could be amended if we decided to add residences to the above. The City Council recessed at 10:02 A.M. for executive session pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. The City Council reconvened at 12:55 P.M. , and immediately adjourned. PASSED AND APPROVED this /�&- day of 2Z c�L_f 1984. y D. k, Mayor ATTEST: r Wilma J. Thomas, City Clerk