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Min 07/03/1984 470 Wichita Falls, Texas Memorial Auditorium Building July 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 Bill Palmer James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Craig A. Wilson Absent The invocation was given by Councilman Harper. Item 3 Moved by Councilman Thomas that minutes of the meeting held June 19, 1984, be approved. Motion seconded by Councilman Welburn, and carried unanimously. i Items 4a - 7a Item 6a was moved to the regular agenda. Moved by Councilman Harper that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4a Luther M. "Bud" Davis, an employee of the Fire Department, was honored as Employee of the Month for July. Mayor Cook presented him with a plaque and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 74-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A FIFTEEN (15) FOOT WIDE, NORTH-SOUTH UTILITY EASEMENT IN BLOCK 4, PARK VILLAGE ADDITION, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 6b RESOLUTION NO. 121-84 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS AND CERTIFICATIONS Ayes: Mayor hook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None 471 Item 6b, Cont'd. RESOLUTION NO. 122-84 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION AND EXECUTE CONTRACTUAL AGREEMENTS AND OTHER DOCUMENTATION REQUIRED TO EFFECTUATE THE CONTRACT WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964 AS AMENDED Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 7a Minutes of the meeting of the Planning Board held June 13, 1984, were received. The Council also recognized and commended Bob Balch for his service as Chairman of that board. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 7b Minutes of the meeting of the Board of Electrical Examiners held June 14, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 6a RESOLUTION NO. 123-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN ANNUAL CONTRACT WITH JAYNE LYNDS, THE TENNIS PROFESSIONAL AT WEEKS PARK TENNIS CENTER. Moved by Councilman Palmer for discussion, that Resolution No. 123-84 be passed. Motion seconded by Councilman Thomas. Councilman Palmer asked if the financial part of the contracts on both tennis centers are the same? Bill Hursh stated that they are. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 8a ORDINANCE NO. 75-84 ORDINANCE ADOPTING EXTENDED HOURS FOR THE SALE, OFFER TO SELL AND DELIVERY OF BEER BY A HOLDER OF A RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE. Moved by Councilman Thomas that Ordinance No. 75-84 be passed. Motion seconded by Councilman Welburn. Councilman Harper stated that he had received several calls on this, with most of them in opposition to it. He wanted to set the record straight that no beer is sold in Oklahoma after midnight, according to the police chief in Lawton. Councilman Swift asked if this is just for beer? City Attorney H. P. Hodge stated that it would also include private clubs who sell hard liquor. Councilman Swift asked if it would be the intention of the Council to change it back after daylight saving time ends? Mayor Cook noted that Mr. Berzina' s comments were that it would aid the on- premise business since daylight savings time hurts the businesses. This is part of the argument to change it. He also stated that General Charles, at Sheppard 472 Item 8a, Cont'd. Air Force Base, expressed concern over the 2:00 A.M. closing because of the number of students at Sheppard. Councilman Harper stated that they should go up on their prices, stating that he can think of only one good reason for changing it, and he can think of a lot of bad reasons . Councilman Thomas stated that he feels people will drink anyway. It just changes the hours. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Palmer, and Welburn Nays: Councilmen Swift and Harper Item 8b ORDINANCE NO. 76-84 ORDINANCE TO REPEAL SECTIONS 32-36, AND 32-43 OF THE CODE OF ORDINANCES; AND TO INITIATE A NEW ORDINANCE TO PROHIBIT CERTAIN ACTIONS IN AND AROUND THE PUBLIC UTILITY WATER FACILITIES Moved by Councilman Thomas that Ordinance No. 76-84 be passed. Motion seconded by Councilman Palmer. Acting Director of Public Utilities Jerry Gross explained that this action is to keep people from getting on the towers and other city utilities property. Mayor Cook noted that the City Attorney had been requested to check into rais- ing the fines. The City Attorney stated that a penalty of $1000 can be placed on offenses regarding fire safety, public health and sanitation, and zoning. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 8c ORDINANCE NO. 77-84 ORDINANCE TO AMEND SECTION 10(E) OF APPENDIX A (COMPREHENSIVE SUBDIVISION ORDINANCE) OF THE CODE OF ORDINANCES TO REQUIRE PRO-RATA CHARGES FOR A SUBDIVISION TO MAKE A DIRECT CONNECTION TO AN OFF-SITE UTILITY LINE WHICH THE CITY HAS FINANCED Moved by Councilman Palmer that Ordinance No. 77-84 be passed. Motion seconded by Councilman Thomas. Jerry Gross explained that this ordinance provides for recovery of city invested funds when a subdivision is connected to a water or sewer line that is off-site. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 8d ORDINANCE NO. 78-84 AN ORDINANCE WAIVING ORDINANCES CONCERNING MUNICIPAL ENFORCEMENT OF DEED RESTRICTIONS FOR 4605 PASADENA, NAMELY, LOT 3 AND THE EAST TEN (10) FEET OF LOT 4, BLOCK 122, WESTMORELAND PARK AND ADJACENT PROPERTIES, WICHITA FALLS, TEXAS Moved by Councilman Harper that Ordinance No. 78-84 be passed. Motion seconded by Councilman Swift, and carried by the following vote. 473 Item 8d, Cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays : None Item 8e ORDINANCE NO. 79-84 AN ORDINANCE AMENDING SECTIONS 17-2.1 AND 17-19 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS RELATING TO GARBAGE, REFUSE, RUBBISH Moved by Councilman Harper, for discussion, that Ordinance No. 79-84 be passed. Motion seconded by Councilman Welburn. Councilman Harper asked if this information is the reason we lost the lawsuit? City Attorney H. P. Hodge stated that the ordinance said that we charge every residence, and it was ruled that an empty slab is not a residence. We, therefore, have to use some language other than residence. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 8f ORDINANCE NO. 80-84 ORDINANCE WAIVING SECTIONS 4-15, 22-1 (a)8 AND 22-4 OF THE CODE OF ORDINANCES, TO ALLOW THE SALE, POSSESSION AND CONSUMPTION OF BEER IN JAYCEE PARK AT THE RED RIVER CHILI CHAMPIONSHIP ON SATURDAY, SEPTEMBER 22, 1984. Moved by Councilman Harper that Ordinance No. 80-84 be passed. Motion seconded by Councilman Thomas. Councilman Harper stated that he believes this is a good place to hold this event, and this is a fine group of young men putting it on. Councilman Thomas asked if there is some way that we can build an area for this, and let them add to it? Parks Director Bill Hursh stated that with some assistance we might be able to develop some area that might be permanent. We would have to give it some thought, and look at some resources. Councilman Thomas asked if the paving project will be completed by September? Mr. Hursh stated that it should be, if it doesn' t rain. This event attracts some 10,000 people. Mr. Litteken, Vice President of the Jaycees, was asked by Councilman Thomas if the organization would be satisfied with a permanent location there? Mr. Litteken stated that they feel comfortable in making this a permanent location for this event. They would be happy to be associated with some further development. Councilman Thomas requested that Mr. Hursh work with Mr. Litteken on some fencing, etc. Mayor Cook noted that they have established a quality event which is attended by people from other states, and the Council is willing to assist in whatever way they can. A contract will be drawn up with provisions listed in the memo. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None 474 Item 9a RESOLUTION NO. 124-84 RESOLUTION URGING THE TEXAS LEGISLATURE TO ADOPT A STATUTE PROHIBITING THE POSSESSION OF AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE WHILE IN A MOTOR VEHICLE IN A PUBLIC PLACE. Moved by Councilman Harper that Resolution No. 124-84 be passed. Motion seconded by Councilman Palmer. Councilman Harper stated that he believes it is a must that we do this. The Lawton police chief stated that they feel accidents have been cut down by fifty percent in Oklahoma. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9b RESOLUTION NO. 125-84 RESOLUTION TO FORMALLY ESTABLISH PRICES FOR RAW WATER TAKEN IN BULK FROM CITY RESERVOIR AND RAW WATER TRANSMISSION SYSTEM Moved by Councilman Palmer that Resolution No. 125-84 be passed. Motion seconded by Councilman Welburn. Councilman Thomas asked how much this raises it? Mr. Gross stated that it does not raise it. They wanted Council approval . It has been done administratively in the past. Councilman Swift stated that the $.25 footage is going to be grossly out of line. This is too cheap. He suggested using a footage depth of 8000 feet as a cutoff. If someone wants a well deeper than that, a daily rate for selling water could be established. Moved by Councilman Swift that the resolution be amended to provide for $.25 per foot down to a depth of 8000 feet, with a negotiated contract beyond that depth. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None The motion for passage of the resolution, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9c RESOLUTION NO. 126-84 RESOLUTION TO ESTABLISH A POLICY FOR WATER CONNECTIONS TO THE RAW WATER TRANSMISSION SYSTEM Moved by Councilman Harper that Resolution No. 126-84 be passed. Motion seconded by Councilman Welburn. Councilman Harper emphasized that the City needs to be protective of our water lines. 475 Item 9c, Cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9d RESOLUTION NO. 127-84 RESOLUTION TO APPROVE A REVISED RATE SCHEDULE FOR LABORATORY SERVICES PERFORMED BY THE CITY WASTEWATER TREATMENT PLANT Moved by Councilman Swift that Resolution No. 127-84 be passed. Motion seconded by Councilman Palmer. Jerry Gross explained that the City performs tests for Vernon, Nortex, and the Texas Highway Department for their roadside comfort stations. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9e RESOLUTION NO. 128-84 RESOLUTION APPROVING FUND-RAISING GOLF TOURNAMENT ON SEPTEMBER 15-16, 1984 AT WEEKS PARK GOLF COURSE Moved by Councilman Thomas that Resolution No. 128-84 be passed. Motion seconded by Councilman Harper. Councilman Harper asked how many tournaments we have which prohibit the public from using the course? Bill Hursh stated there are about five. Mayor Cook com- mended this group for the work which they have put into the golf course. The public will be well served by this group because the proceeds will go back into improvements for the course. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9f RESOLUTION NO. 129-84 A RESOLUTION APPROVING A RENTAL REHABILITATION GRANT PROGRAM UNDER THE HOUSING AND URBAN-RURAL RECOVERY ACT OF 1983 Moved by Councilman Thomas that Resolution No. 129-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Palmer, and Welburn Nays: None Item l0a RESOLUTION NO. 130-84 RESOLUTION ACCEPTING INSTALLATION AND AUTHORIZING FINAL PAYMENT OF NEW ROOF AT #1 FIRE STATION 476 Item 10a, Cont'd. Moved by Councilman Harper that Resolution No. 130-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item lla A request was received from Jerry Nabors and Donna Jones for landscaping improvements at Graphics II , located at 1100 Travis. Midtown Now requested that $5000 be allocated from the hotel-motel funds for this expenditure. Moved by Councilman Harper that $5000 be appropriated for this request. Motion seconded by Councilman Thomas. Councilman Harper noted that the hotel-motel money is coming from midtown, and not Midtown Now. The Council appreciates the work they have done on this old house. Councilman Swift stated that he is opposed to this. He asked if we are going to beautify the whole downtown? Councilman Harper stated that he hoped so. Mayor Cook stated that it depends on the amount of money we have left, and there isn' t much left for this purpose. Mayor Cook stated that because this project is of a historical nature it does qualify for these funds. Councilman Harper wondered if the Council should determine that it is a matter of preservation so that people will not ask and be disappointed? Councilman Swift asked if these other projects were paid for by hotel -motel tax? The City Manager stated that other projects had been in the public right-of-way. Councilman Harper mentioned the trees on Scott and other streets which were killed by the freeze. He wondered what we should do about that? City Attorney H. P. Hodge stated that the trees would belong to the property owners because they put them in. Councilman Welburn asked who makes the sidewalks safe where buildings have burned? Mr. Berzina stated that it is the property owner's responsibility. Graphics II and a Mr. Grundy owns the property in question. They have been given notice to make the sidewalks safe. Councilman Thomas mentioned an open wall at 7th and Scott. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Palmer, and Welburn Nays: Councilman Swift Item llb David Lyles appeared for Lone Star Gas Company, stating that he felt sure that the Council would be interested in the gas company's ability to provide service in Wichita Falls. He stated that he would be glad to answer any questions about the contents of his letter, or in the economic report. Mayor Cook stated that while there have been some isolated problems in the past, they have the ability to meet the challenge of providing gas service to those potential people relocating in Wichita Falls. Councilman Thomas stated that during the hard freeze time we had in the city, Lone Star Gas went far above to bring gas into our city to indus- tries that needed it, and he thanked the company for this. City Manager James Berzina felt that it would be well to meet with some of the Fantus Corporation, and get this information to them. Mr. Lyles stated that Mike Lawson, of the BCI, will get this report to them. Mayor Cook also suggested addressing our water supply to them. 477 Item llb, Cont'd. Councilman Harper took issue with the weather mentioned by Fantus, stating that he has traveled in many areas, and would like to commend Earl Sargent and an unknown disc jockey on KNIN. We need to get the media and all of us to talk about what a fine day it is instead of how hot it is. Councilman Thomas stated that they did this when they were trying to get Sheppard Air Force Base. They concentrated on how many days they can fly. Mayor Cook mentioned the meeting with front line people, in which it was stated that the comfort range is far better here than in other parts of the country. Councilman Harper requested the City Manager to prepare a report of the city's history of our membership in Nortex Regional Planning Commission. He wanted to know what the law is, etc. Councilman Thomas stated that the Lake Wichita Task Force will be happy to learn that the second irrigation ditch will be opened today, and the water should start running by Thursday. Item llc The City Council recessed into executive session at 9:40 A.M. , pursuant to Article 6252-17, Paragraphs (e) and (f) of the Revised Civil Statutes. The meeting reconvened at 10:35 A.M. , and immediately adjourned. PASSED AND APPROVED this day of 1984. Ga D. Cook, Mayor ATTEST: r Wilma J. Thomas, City Clerk