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Min 05/21/1985 I 732 Wichita Falls, Texas Memorial Auditorium Building May 21 , 1985 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 Bill Palmer James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Frances D. Guild Acting City Clerk Fred L. Werner Chief Accounting Officer Invocation was given by Pastor Jerry Reed, Liberty Baptist Church. Item 3 Moved by Councilman Harper that minutes of the meeting held May 7, 1985, be approved. Motion seconded by Councilman Wilson, and carried unanimously. Item 4a-6f Items 4b, 5b, and 5c were moved to the regular agenda. Moved by Councilman Wilson that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4a RESOLUTION NO. 60-85 RESOLUTION TO APPROVE AN UNWRITTEN OPERATING PRACTICE REGARDING THE DEPTH OF COVER OVER EXISTING OR NEWLY INSTALLED WATER OR SANITARY SEWER LINES Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5a Bid for City' s estimated annual requirement of light bulbs was awarded to United Electric, in the amount of $5,136.18. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6a Minutes of the meeting of the Cross Connection Control Board and Plumbing Advisory Board held April 3, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 733 Item 6b Minutes of the meeting of the Mayor' s Commission on the Status of Women held April 4, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6c Minutes of the meeting of the Kemp Public Library Advisory Board held April 10, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays:. None Item 6d Minutes of the meeting of the Landmark Commission held April 18, 1985, were received. Ayes,: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6e Minutes of the meeting of the Wichita Falls Park Board held April 25, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays,: None Item 6f Minutes of the meeting of the Board of Electrical Examiners held May 9, 1985, were received. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 4b RESOLUTION NO. 61-85 RESOLUTION AMENDING RESOLUTION 25-85 WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A LEASE WITH THE WICHITA FALLS BOATING CLUB FOR A LOT ON THE NORTH SIDE OF LAKE WICHITA Moved by Councilman Harper that Resolution No. 61-85 be passed. Motion seconded by Councilman Palmer. Councilman Harper asked if lowering the amount of insurance required was going to be typical of what they would be doing from now on? Assistant City Manager Ed Barrett stated that it basically depends on the situation. We have the lease here somewhat removed from direct liability. Since it is a fairly small operation with restricted use to members, he did not feel that this would be a problem. We have started looking at lower insurance where it causes a hardship to operations. Councilman Harper asked if we could do something like this for the horse riding situation in Lucy Park? Mr. Barrett stated if there is substantially no liability associated with that, certainly we can. Councilman Harper asked how would there be? Mr. Barrett stated that because of the nature of the animals using the park. Where you are mixing the general public in with an operator you have a higher liability, but we can look at it. Councilman Harper stated that he hoped they would, that we could have this if we can find a way to cut the insurance situation. 734 Item 4a, cont'd. Councilman Palmer asked if the $300,000 insurance policy would give us a certain degree of protection. Ed Barrett stated that it would, partially because of the fact that it is a lease agreement. It gives us more legal protection than just a grant permitting us to use the city facility. Councilman Wilson asked how this could be distinguished from a situation in a park, such as the request for a BMX track, where they asked for a specific section of the park? How removed do the instruments have to be to have that separation? Mr. Barrett stated that any time we can lease a piece of property for something, if it is going to be a continuing use for that property, where you can' t come up with a lease, it is preferable to go with a lease. It gives us a greater degree of control . The BMX club will fence the property and require membership, and you can be more comfortable that you won't have the general public getting into a situation. Councilman Wilson asked the City Attorney if there is any duty on our part to inspect those premises, or see that a certain degree of care is taken? Mr. Hodge stated that in a lease where the lessor gives the lessee the exclusive possession of a property, generally we do not have any duty like that. When we enter into a lease, we should be careful that there are no implied warrantees of suitability for the purposes for which it is leased. Generally we do not have any responsibility there. Councilman Wilson asked why the million dollar policy was recommended to start with? Mr. Barrett stated that we had gotten into a habit of routinely requiring it without analyzing the nature of the operation. The motion to pass Resolution No. 61-85 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5b Award of bid for the purchase of 3 - 20 passenger, and 1 - wheel chair lift equipped 15 passenger bus from National Coach Corp. for $146,946 was recommended. Moved by Councilman Swift, for discussion, that bid be awarded as recommended. Motion seconded by Councilman Palmer. Councilman Swift asked how many buses the city has? Bob Parker stated that there are eight, seven that are operational and one which has a cracked frame and is not used much. Mayor Cook asked if these were going to be added to the total fleet of operating buses? Mr. Parker stated that they would be replacing four buses which will be salvaged. Mayor Cook asked if this would provide more flexibility? Mr. Parker stated that it would; that they have had some difficulties with some of the routes, and this would help. Councilman Swift asked how the bus business was in general ? Mr. Parker stated that we are carrying about 250,000 people a year. The average transit company generates about 41% of its operating cost. We run better than 50%, so we are better than the average transit facility. The motion was carried unanimously. Item 5c RESOLUTION NO. 62-85 RESOLUTION AWARDING CONTRACT FOR THE RECONSTRUCTION OF THE SCOTTSDALE DRAINAGE CHANEL Moved by Councilman Thomas, for discussion, that Resolution No. 62-85 be passed. Motion seconded by Councilman Harper. 735 Item 5c, cont'd. Councilman Thomas asked if this was the same contractor that has 38th Street? George Bonnett, Director of Public Works, stated that he was not; that the last project he had was involving the Brenda Hursh channel . Councilman Thomas asked if these people have the equipment to do the job? Mr. Bonnett stated that they did and that the contractor is a bonafide bidder. Mr. Bonnett further stated that he does not anticipate a trouble free job, but he does anticipate that the end product will be satisfactory. Councilman Thomas stated that he hated to see us get into the same kind of deal as the other channel . We had dirt up in people's yards, and left it there for six months. Mr. Bonnett stated that inspection would be an on going process with any contractor. The completion date will be 90 working days after the water contract; about four months. The existing easement will be used. Councilman Swift asked if this would cure the flooding? Mr. Bonnett stated that you can never cure flooding. By an increase in capacity, it will lower the frequency that flooding exists. Councilman Harper commended Mr. Bonnett on his work. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a Mr. Al Groves , of San Antonio, appeared in regard to a proposal for river development. Mr. Groves stated that they had completed their analysis of the Big Wichita River area and presented the map showing some of the results of their analysis. He stated that the project offers tremendous potentials for the City of Wichita Falls, and he was pleased with the results of the information collected. It has the possibility of doing more for Wichita Falls than any public project that has been done in the city. Mr. Groves explained some of the details of the map. He stated that most of their attention was directed towards the area south of the river, the primary opportunity area. He stated that they proposed a 7-72 foot dam near O'Riley Park, which would create a long linear lake out of the Wichita River. They were looking at something that would create an economic potential for the city, and for the river and development. With the flood level , it is hard to develop something on the main part of the river that works in conjunction with the water that closely. The area between Scott Street and Central Expressway looks to have tremendous potential . The use of different areas would depend on the ultimate developer of the area. Mr. Groves suggested a joint venture between a private developer and the city, so that the property can be acquired by the city. The developer would come in and do the development on a lease or buy from the city. The increased value and return, and the increased taxes from the property, would be more than sufficient to offset the cost of the project. Mr. Groves suggested a possible tax increment financing plan, whereby an area would be identified as the tax increment district. Mr. Groves explained how a tax increment financing plan would work. He stated that the tax increment system has been used in several areas across the state. In El Paso it was contested, because they were using the total tax increment, and applying that to the project. The school district came in and said you can' t our increment of taxes and apply to the project. The court has determined that tax increment is constitutional , and the city' s increment of tax can be used in that manner. They have not determined yet whether the total increment can be used or not. To give an example of economic growth, Mr. Groves stated that San Antonio developed its river in the last 15 to 20 years. There has been over $100,000,000 worth of private development on the river. There is another $100,000,000 under way now, and in excess of $100,000,000 in planning stages. Using proportions of those figures and revenues derived from that project, you can see the magnitude of what can be done in Wichita Falls. 736 Item 7a, cont'd. Mr. Groves stated that the other aspect of this project is that it can create a focal point for additional tourism. It can also create a center for social activities for the citizens of Wichita Falls. A civic center was projected in the analysis, which would be a supporting facility of the extension. The estimated project cost of the channel going up into the area, the walkways, and the public spaces along the side; is estimated at approximately 6.8 million dollars; that is without acquisitions of property. Mr. Groves emphasized, again, the possibility of a joint public/private venture. From a practical standpoint it is going to almost be mandatory for the city to acquire the property. This is a long process that will not be quick or easy. Mr. Groves suggested a number of steps that could be taken and analyzed before expending a great deal of money. Mr. Groves directed the attention back to the map. He explained that there would be a major waterfall coming off the bluff at the Central Expressway. Wichita Falls needs a land marker, and a massive water fall would be an identity thing for Wichita Falls. Mr. Groves stated that this facility could be done now or any time; it is not dependent upon the total river development. He recommended that the road that goes through there be closed and the area landscaped between the cemetery and river. This would make the whole bank a focal point for people coming from the north. Mr. Groves stated that it is an exciting project, and lends itself to a tremendous amount of use by the citizens of Wichita Falls. Mr. Groves stated that he had put the dam in, and ran three analysis of the flood levels through the computer. The dam will raise the flood stage less than two inches. There was a slight problem with the elevations;" the Corp of Engineers has established one elevation, and FEMA has established another. The elevation above the Central Expressway, according to the Corp of Engineers, is three feet lower than the elevation below the expressway. Mr. Groves stated that he took the lower elevations upstream which were accepted by FEMA. That problem still needs to be resolved. Using what was estimated as the 100 year flood plain up stream, they picked the 945 flood elevation. He suggested not trying to flood proof the extension, but to let the water go in and come back out, and that all building be above the g45. T'iut would give about a 12-foot distance from the building line down to the water level . This can be used for plazas and terraces. Mr. Groves suggested that additional water falls be put in back up in the channels to keep the water moving and fresh. Mayor Cook expressed his appreciation for Mr. Groves work. He explained that the program had been funded by members of Midtown Now, and members of the City Council , and that this was their first opportunity to view the plan. Mayor Cook stated that the commission that was appointed to work with Mr. Groves was composed of members of the City Council , Midtown Now, BCI , Junior League, Streams and Valleys, and the Young Executives Business League. Flayor Cook asked if there were questions from those present. Councilman Harper asked if water for the water fall would come out of the river? Mr. Groves stated that it would be pumped out of the river and circulated. Councilman Harper asked about the cost of the water fall ? Mayor Cook clarified that there would be two water falls. Mr. Groves stated that the small waterfall would cost $75,000, and the large waterfall would cost $150,000. Councilman Harper proposed that the City Manager include the cost of the water falls into next year 's budget, Mayor Cook stated that we may want to do this; we have $200,000 set aside for this. Councilman Thomas asked about the plans for the rest of the bank. Mr. Groves related that it could be landscaped with plant material , not included in estimate. Councilman Harper asked how the Sheriton expressed an interest with the city about developing an amphitheater? Mr. Groves stated that he thought the river was too wide for this. If they could create a little channel between the stage and the river, it would be possible, but he sug- gested that area because of accessibility, parking, and so forth. Councilman Wilson asked how many acres that are colored in on the map are in private hands? Mr. Groves stated that he did not have the 737 Item 7a, cont'd. figures with him, but he ran a quick analysis of the project at 4 million dollars for land acquisitions (combined public and commercial at $4 a square foot) . Mr. Berzina mentioned that the City Council had already taken a financial leadership role in this, and in this year' s budget, $200,000 has been appropriated. He also suggested that there may be some private funding out there that might go for some of the visible things. Councilman Thomas stated that he would like to see the waterfall go in. He doesn't want it to be a pipe dream. He also asked about the cost of the low water dam? Mr. Groves stated that it would cost $200,000. Mayor Cook stated that $200,000 would be a good beginning. Councilman Thomas asked if this would cause private enterprise to start looking at the area for building? Mr. Groves stated that he would think that it would, but something just as important would be to adopt a plan. The developer would know that if he put something into a project, it would be a continuing thing. Councilman Palmer asked where the second waterfall would be? Mr. Groves stated that it would be up in the extension. Mayor Cook stated that before we get into a concern of what funds for what project, we should come up with a plan that can be supported by all groups and citizens interested. Mayor Cook recognized a group of people from the BCI , Junior League, Midtown Now, Streams and Valleys, and the Young Executive Business League. Roby Christy, 4309 Cumberland, appeared representing Streams and Valleys. A r. Christy stated that they were excited about the City Council and Midtown Now taking initiative in this project to bring about development of the Wichita River. He related that they whole heartedly support that , and announced that Streams and Valleys will initiate a "Put the Falls Back Into Wichita Falls" fund raising campaign to get community support for the building of the falls. He stated that they encouraged one change to the water falls ; that is the road that exists behind Riverside Cemetery remain to provide a visual corridor to the river, and access to Lucy Park. Mayor Cook asked Mr. Groves for his comments on the road. Mr. Groves stated that Mr. Christy has some good points, but he would not hesitate to suggest that a road exist between the water fall and the river. He suggested that some other access to Lucy Park be evolved, perhaps up river. Mr. Groves discussed other possibilities of making Lucy Park more accessible, without interrupting the continuity of the river. Mayor Cook stated that the cost estimate of the proposal would be about 10.5 million dollars, including rough figures of land acquisition cost. Mayor Cook noted that the idea would be to have a public-private partnership with an overall planned development so to provide some controls and protection. He also noted that the new zoning ordinance, which was to go into effect Thursday, has a unit providing for the river development project. Mr. Groves stated that he had done river development projects from Canada to Peru , and none of the projects that he has looked at or worked on hold any more promise or opportunity than does the Wichita River. Councilman Harper commented that with the cost at 10, 11 , or 12 million dollars, with commercial pay back, there would be less than a year pay back. Mr. Groves stated that h<c thought that would be a little rapid, but it could be paid off in five years. It depends on what you apply to it. Mr. Groves stressed the importance of putting something back into the project for maintenance. He stated that the San Antonio River was in terrible shape ; it is a one billion dollar a year tourist industry. It does not get r�iiaintained, and he is concerned about it. Councilman Wilson asked how he arrived at the five year pay back. Mr. Groves stated that if you develop the project in five years, and apply what this means to Wichita Falls from the stand point of increased sales taxes, increased employment, tourist generation, the civic center and convention activities, the returns from all of that over a five year period will more than offset the cost of the project. He stated that 738 Item 7a, cont'd. i he could qualify that to some extent, but he was guessing. Councilman Wilson stated that he had calculated a little different from Councilman Harper. He noted that 50 million dollars in development would yield $375,000 a year in tax returns alone. Mayor Cook mentioned that two years ago they had a meeting with the county commissioners and the school board concerning tax increment financing in this area. The point that was made at that time was that they want to see a plan showing the ultimate goals. Mayor Cook stated that he thought this was a step in showing what the plan and ultimate goal might be. He did not find any resistance from the county or schools concerning this. Mayor Cook also stated that he does not think the tax increment finance question is that difficult, and that it could be addressed between now and the end of the year, particularly with the concurrence of all interested groups that this is in fact a project that Wichita Falls wants to proceed with. He felt the public would get behind the project and support it. The council can assist, but it will take a private partnership arrangement to go along with that public sector to accomplish this. Much of the river and inlet area and public corridors would be the City's, but everything that attracts or provides the draw has to be brought in, a great deal , by that of the private developer and the individual retailer. We are working on the convention center in terms of feasibility. Mr. Groves explained the location of the civic center, as indicated on the map. He stated that the real significance of these projects is a place to go and something to do. If this is developed as a park, it will attrack the kind of people you don't want to attract. Security in the area is created by people and activities. Mr. Groves stated that until the private sector came in and developed the San Antonio River, it was one of the worst places to be. It is one of the safest places, now, due to the restaurants, night clubs, shops and entertainment places. Councilman Harper referred back to his one year pay back statement. He stated that we are building approximately 600 hotel rooms in the city. If we bring 200 people into the city for an average of 300 days a year and they spend $35.00 a day, that is two million days, just on what they spend. Mayor Cook suggested that we have an ad hoc committee composed of two council members, two county commissioners, and two school board members that would meet and discuss tax increment financing feasibility of this plan. Copies of the plan would be made available to them, and we would possibly hold a joint meeting, should the interest still be there. It is important that this be done between now and the end of the year. Mayor Cook expressed his appreciation to Mr. Groves for his work and expertise. He also expressed appreciation to the Midtown Now board for funding 50 percent of the project, along with members of the council , and taking the initiative to begin a plan. Councilman Thomas asked how long it will take to get the permission from the Corp of Engineers or the water people on the low water dam and set the flood level ? Mr. Groves estimated approximately 18 months. Councilman Thomas asked what we should start from here doing? Mr. Groves suggested doing a definitive analysis of the dam, and go to the Corp of Engineers for permission to construct the dam. That would probably be the quickest way to resolve both problems; the flood level and permission to put in the dam. Mayor Cook recognized that former president of Midtown Now, Mr. Dunlap, was present, and asked for his comments. Mr. Dunlap stated that he has lived in Wichita Falls for a short period of time; however, he has a keen interest in the development of the whole city, and finding a project the city can grasp hold of. Mr. Dunlap stated that he felt this would be a project that would draw more people to Wichita Falls, and enhance property. He thanked Mayor Cook for the invitation to comment. Mayor Cook asked if there were any other questions concerning the river development plan? There were no other questions. Mayor Cook again expressed his appreciation to Mr. Groves and the Midtown Now board for their support, and to all those who came to view the plan. 739 Item 7b A public hearing was opened on an application for Certificate of Convenience and Public Necessity to operate a taxicab within the City of Wichita Falls. Mayor Cook stated that Mr. Ramirez was familiar with the taxicab business, and he assumed Mr. Ramirez was familiar with the city ordinance and regulations thereof, concerning taxicabs. Councilman Harper asked about the insurance situation? Mayor Cook stated that he believed the insurance was maintained by the individual driver. Mr. Hodge quoted from the Code of Ordinances, stating that the insurance would not be less than that specified by the Motor Vehicle Safety Responsibility Act. Mr. Hodge related that he was not sure what that would be. Councilman Harper asked if there was any reason, ordinance wise, that Mr. Ramirez should not be allowed to operate a cab in Wichita Falls? Mr. Hodge stated that there was no reason. Mayor Cook asked if there was anyone present who could give reason why or why not this application should be granted. There were no objections. The public hearing was closed. Mayor Cook asked the City Attorney what the next steps for Mr. Ramirez would be? Mr. Hodge stated that the staff needs to make an investigation of those things we have talked about, prepare documents for that, and report back to the council . Councilman Harper asked if Mr. Ramirez would have a chance to answer some of the questions that were asked? Mr. Hodge stated that he would, that we will have to work with him to get that information. Mayor Cook advised Mr. Ramirez that step two has been completed, and the City Attorney and staff would be working with him as he moves on to the next steps. Item 8a Discussion was held on proposal for two additional positions in the planning department. Councilman Wilson asked what they would be doing? Roger McKinney, Planning Director, stated that they would assist with the extra work load caused by the new zoning ordinance. There is a great need for assistance, particularly in the learning stages of the ordinance. There is a need for individual attention to developers and citizens, and we are not equipped for that type of service. Councilman Swift asked why they didn' t transfer people from other departments? Mr. McKinney stated there will be some of that, but we are not equipped to work with traffic signals and traffic count. We would take over the parking and curb cut, and try to get all the functions in one area so that we would not be sending people to different departments. Councilman Wilson stated that he was not sure that he could see a need for two additional people. There will be different forms and a transition time. Mr. McKinney stated that there will be a great deal more public contact over zoning, because it will involve checking areas that have not before been checked. There will be a separate board; the Zoning Board of Adjustments and Appeals which will be staffed for support. Parking and curb cut is an item we have not done before. You have to be staffed to make that process work; to provide assistance in a timely manner. The ordinance has set time limits. Mr. McKinney stated that he had looked at how this was handled in other cities, giving Odessa and Abilene as examples. They use more than two people to carry out these functions. Mr. McKinney stated that this is a basis to start, if the staff is not needed, Mr. Berzina can make the adjustments in the budget process. If there are additional personnel required, the case will be presented to the Council in a future budget session. 740 Item 8a, cont'd. Councilman Palmer asked Mr. McKinney if he thought that within a year the whole thing would be settled down so that he could take a different view of the positions? Mr. McKinney stated that he would, but for now it is difficult to gauge the type of work activities and requests they will be getting. Mr. Berzina stated that one thing we will be doing, at least for a short time, is filling the clerical positions out of the secretarial pool . Councilman Harper was concerned that a person from the pool would not be knowledgeable, and people would get hacked off if that person could not answer their questions or get answers. Mr. Berzina assured him that there are some very qualified people who work in the pool . RESOLUTION NO. 63-85 RESOLUTION AUTHORIZING TWO (2) ADDITIONAL POSITIONS TO THE PLANNING DEPARTMENT Moved by Councilman Thomas that Resolution No. 63-85 be passed. Motion was seconded by Councilman Palmer and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8b ORDINANCE NO. 49-85 ORDINANCE AMENDING PARAGRAPH (2) OF SECTION 29-24 OF THE CODE OF ORDINANCES TO INCREASE THE SPEED LIMIT FOR TRAINS ACROSS THE SEVENTH STREET CROSSING FROM EIGHT MILES PER HOUR TO TWENTY MILES PER HOUR. Moved by Councilman Palmer that Ordinance No. 49-85 be passed. Motion seconded by Councilman Harper. Councilman Harper commented on the railroad crossing at Scott Street, stating that the crossing was very rough. Mr. [lodge stated that it is the responsibility of the railroad to repair the crossing itself, and one foot on either side of the rail . George Bonnett, Director of Public Works, stated that they had repaired the soathsid-� crossing with verbal permission of the railroad. Mr. Jim King appeared, and requested that the railroad crossing at Beverly Drive and Old Iowa Park Road be fixed. He stated that he had about torn up two cars in the last several years trying to get over it. Mayor Cook recommended that we send a statement to the railroad for those repairs. There have been cases tried in the courts awarding damages to individuals who have sustained damages to their vehicles while crossing railroads. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8c ORDINANCE NO. 50-85 AN ORDINANCE WAIVING THE MINIMUM BUILDING SETBACK REQUIREMENTS ALONG BROOK AVENUE .FOR LOT 5-A, BLOCK 22, SOUTHLAND ADDITION, WICHITA FALLS, TEXAS Moved by Councilman. Palmer that Ordinance No. 50-85 be passed. Motion seconded by Councilman Harper. 741 Item 8c, cont'd. Councilman Harper stated that he did not understand the explanation. Roger McKinney stated that the building is presently located five feet from the property line on Brook. Mr. Lee is replatting the lots, and as part of the replatting process, the setback would normally be 25 feet. Councilman Harper commented on the fact that the building would front on Elizabeth. Mr. McKinney stated that in regards to where the building would front, much of that will be based on the existing structures that are there. Councilman Swift asked what is the setback on Brook now? Mr. McKinney stated that there are existing structures on Brook that are within five feet of the property line. Mayor Cook asked if this was causing an encroachment problem? Mr. McKinney stated that it was no more encroachment than already exists. The motion was carried by the following vote. Ayes: Mayor Cook, Councilman Thomas, Harper, Wilson, Palmer, and and Welburn Nays: Councilman Swift Further discussion was held on Mr. Lee' s building plans. Item 8d ORDINANCE NO. 51-85 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, DIVISION 1 OF THE CITY OF WICHITA FALLS CODE OF ORDINANCES CHANGING THE PLANNING BOARD TO THE PLANNING AND ZONING COMMISSION, AND DECLARING AN EMERGENCY Moved by Councilman Wilson that Ordinance No. 51-85 be passed, with changes to Section 2-138, Subparagraph 1 . Councilman Wilson stated that the paragraph should read, "(1) To study developing housing and commercial trends, and to recommend to the City Council all matters for development and advancement of the city' s facilities, and particularly shall pass upon the application for plats requested for approval . Motion seconded by Councilman Harper, and carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays : None ORDINANCE NO. 52-85 AN ORDINANCE REPEALING CERTAIN SECTIONS JF APPENDIX A, OF THE CITY OF WICHITA FALLS CODE OF ORDINANCES (CO�IiPREIIENSIVE SUBDIVISION ORDINANCE NO. 2118) WHICH CONFLICT WITH THE ZONING ORDINANCE, AND DECLARING AN EMERGENCY Moved by Councilman Wilson that Ordinance No. 52-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None ORDINANCE NO. 53-85 AN ORDINANCE REPEALING SECTIONS 30-1(a) AND 30-2 OF THE CITY OF WICHITA FALLS CODE OF ORDINANCES, AND ORDINANCE NO. 39-84; AND DECLARING AN EMERGENCY 742 Item 8d, cont'd. Moved by Councilman Wilson that Ordinance No. 53-85 be passed. i Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None ORDINANCE NO. 54-85 AN ORDINANCE REPEALING SECTION 7-3, SECTION 7-15(1) , SECTION 7-15(1.1) , SECTION 7-15(6) , SECTION 7-15(14.2) , SECTION 7-15(16) , AND SECTION 7-15(18) OF THE CITY OF WICHITA FALLS CODE OF ORDINANCES, AND SECTION 2301.2 OF THE STANDARD BUILDING CODE, AND DECLARING AN EMERGENCY Moved by Councilman Wilson that Ordinance No. 54-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8e ORDINANCE NO. 55-85 AN ORDINANCE WAIVING THE RESIDENTIAL PROPERTY OWNER'S SIGNATURE REQUIREMENT FOR AN OFF-PREMISE ALCOHOLIC BEVERAGE LICENSE FOR THE 9TH STREET FOOD STORE Moved by Councilman Welburn that Ordinance No. 55-85 be passed. Motion seconded by Councilman Thomas. Mr. Wooten stated that the one signature he was unable to get was that of a preacher who owned a hot dog stand across from his store. Mr. Wooten stated that the man told him he hoped he got what he wanted, but he couldn't sign because of his beliefs. Councilman Palmer noted that this would be replacing what the Safeway Store was doing. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Palmer, and Welburn Nays: Councilmen Swift, Harper, and Wilson Item 8f ORDINANCE NO. 56-85 AN ORDINANCE CLOSING, VACATING AND ABANDONING A TWENTY (20) FOOT WIDE ALLEY LYING BETWEEN LOT 15 AND LOTS 16-18, BLOCK 3, SIKES ESTATES, SECTION G, WICHITA FALLS, TEXAS, AND RETAINING AN UTILITY EASEMENT Moved by Councilman Palmer that Ordinance No. 56-85 be passed. Motion seconded by Councilman Welburn. Councilman Harper asked why they are doing this? Mr. McKinney stated that this was never paved or dedicated. It would not fall into the plans for building, because of the right of way. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 743 Item 8f, cont'd. ORDINANCE NO. 57-85 AN ORDINANCE CLOSING, VACATING AND ABANDONING A 7.5 FEET BY 160 FEET UTILITY EASEMENT IN LOT 12, BLOCK 1, TANGLEWOOD, SECTION B, WICHITA FALLS, TEXAS Moved by Councilman Palmer that Ordinance No. 57-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None ORDINANCE NO. 58-85 AN ORDINANCE CLOSING, VACATING AND ABANDONING A SEVEN AND ONE HALF (7.5) FOOT WIDE UTILITY EASEMENT IN LOT 1-C, BLOCK 3, SECTION 3, LYNWOOD WEST SUBDIVISION, WICHITA FALLS, TEXAS Moved by Councilman Harper that Ordinance No. 58-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8g Discussion was held on the proposed Animal Control ordinance. Councilman Harper stated that he had a number of people call him and request more time to make comments at a later date. Councilman Thomas stated that it has been a long time since we tabled this so that they could discuss this before. Councilman Welburn stated that he had received a number of calls requesting more time. He further stated that none of the comments he had received had been that negative, and it would probably be to our advantage to delay. Mayor Cook stated that this has been in deliberation for about a year and a half. He asked for comments from Dr. Cox or Toni DeStefano. Mayor Cook also asked what kind of input they had received from other groups? Dr. Cox stated that he had had some input from the Kennel Association and the Animal Obedience group. There have been some objections to some of the fees, particularly the kennels and the Hobbie Breeders which will have a $25 fee. The last he was told was that they would not be making any open complaints . Councilman Wilson stated that he just wanted to be sure that what we consider is that which we have to do to get a reasonable degree of compliance, and to reduce some of the problems. Councilman Wilson stated that he would hope that we would put the maximum penalty we can on the abusers, and be as easy as possible on those who comply. Moved by Councilman Harper that the proposed ordinance be tabled until the next meeting to be held on June 4. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Welburn Nays: Councilman Palmer 744 Item 8h ORDINANCE NO. 59-85 ORDINANCE REPEALING ORDINANCE NOS. 3456, 3490, AND 3648, AUTHORIZING THE CITY TO FILE SUIT TO ENFORCE LAND USE RESTRICTIONS; PROVIDING FOR AN EMERGENCY; REPEALING ORDINANCES NO. 3457 AND 3647 CONCERNING BUILDING PERMITS. Moved by Councilman Harper that Ordinance No. 59-85 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None H. P. Hodge commented that any cases that are now pending, we intend to see them through ; also any cases which we have concluded that had an injunction against a violation, we intend to enforce the judgment. We will still have some responsibility. Item 9a RESOLUTION NO. 64-85 RESOLUTION APPROVING APPRAISALS OF PROPERTY FOR BARNETT RD. RECONSTRUCTION AND AUTHORIZING PURCHASE OR CONDEMNATION. Moved by Councilman Welburn that Resolution No. 64-85 be passed. Motion seconded by Councilman Harper. Councilman Wilson asked if we are authorizing this amount, or will you come back at a later date for a specific amount? George Bonnett stated that this action is authorizing this amount. Councilman Swift asked what the average per acre we are paying for this? Dorcas Chasteen stated that most of it comes to about $1.20 to $1 .50 per square foot. Mr. Berzina, City Manager, stated that this is a federal aid urban project with the state. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9b RESOLUTION NO. 65-85 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT -OF HEALTH TO RECEIVE GRANT FEDERAL FUNDS--FOR THE HEALTH DEPARTMENT BEING A COLLECTION AND COUNSELING AGENCY TO TEST FOR ANTIBODIES TO THE VIRUS CAUSING AIDS. Moved by Councilman Thomas that Resolution No. 65-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 745 Item 9c RESOLUTION NO. 66-85 RESOLUTION AUTHORIZING ESTABLISHMENT OF A BMX TRACK AT KIWANIS PARK, TO BE PREPARED AND MAINTAINED BY TOP OF TEXAS PARENTS' CLUB. Moved by Councilman Thomas that Resolution No. 66-85 be passed. Motion seconded by Councilman Wilson. Councilman Harper asked about the insurance. Ed Barrett stated that it would require one million dollar insurance policy. He also suggested that we consider executing a land lease. Councilman Wilson asked if we could lease this land? Mr. Hodge stated that he thought we could. Councilman Palmer asked if this track would be just for bikes? Mr. Barrett stated that it would be just for bicycles. Mr. Barrett further stated that the area would be fenced, and access controlled. Bob Brown, President of the Top of Texas Parents' Club, appeared stating that the track would be encircled with a five foot chain link fence. Mr. Brown stated that anyone who wanted to race BMX would have to be a member. There will be parents there for practice at least six nights a week. Races will be on Thursday and Sunday evening, during the summer. Councilman Palmer asked who would be operating and maintaining the concession stands? Mr. Brown stated that they would have people to work the concession stands for the BMX, however they would not open their concessions if there is a ball game. Mayor Cook asked how much it would cost for someone to get on the track? Mr. Brown stated that there would be a $22.00 fee for racing and $22.00 dues per year. He further stated that there would be no fee for those who come on to ride their bikes. Councilman Wilson asked if the resolution was a lease? Mayor Cook stated that it was authorizing the establishment of the track. He suggested that it be amended to authorize the City Manager to execute a lease. Mayor Cook asked Mr. Brown what size of investment he was talking about? Mr. Brown stated that with volunteer labor it would be about $12,000. Mayor Cook suggested a one-year lease with renewable options. Councilman Thomas suggested a four-year renewable option. Councilman Palmer asked Mr. Brown if this would be agreeable? Mr. Brown stated that it would. Moved by Councilman Wilson that Resolution No. 66-85 be passed , as amended with a four-year renewal option. Motion ►•aas seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9d RESOLUTION NO. 67-85 RESOLUTION WAIVING GOLF TOURNAMENT FEES FOR THE ANNUAL MEN'S TEXAS OKLAHOMA PARTNERSHIP TOURNAMENT AND THE ANNUAL MEN'S TEXAS OKLAHOMA THREE MAN SCRAMBLE TOURNAMENT. Moved by Councilman Wilson that Resolution No. 67-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 746 Item 10a RESOLUTION NO. 68-85 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF WEEKS PARK GOLF COURSE BACK NINE IRRIGATION SYSTEM TO WESTSIDE SERVICES, INC. Moved by Councilman Thomas that Resolution No. 68-85 be passed. Motion seconded by Councilman Palmer. Councilman Palmer asked about the completion date. Alan Whitmire stated that it would be 60 working days. Motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lla Discussion was held on Lake Wichita lake level . George Bonnet, Director of Public Works, stated that Resolution No. 89-84, allowing temporary use of water from Lakes Kemp and Diversion to maintain Lake Wichita at 978 feet elevation, was in effect from May 1, 1984 to September 1 , 1984. Mr. Bonnet stated that he had received a request from the Council to have this placed back on the agenda for consideration of extension. Mr. Bonnet stated that some years ago a 976 elevation was agreed upon by the City of Wichita Falls and the Corp of Engineers. Last year an amendment was obtained for Permit No. 504 to transfer water from Lakes Kemp and Diversion to Lake Wichita, for recreational use in the amount of 5,850 acre foot per year to maintain a 976 level . Mr. Bonnet stated that it was somewhat problematic, and he would refer to H. P. Hodge as to whether or not we have the right to divert water before it reaches 976. Mr. Bonnet recommended that we adhere to the 976 elevation. Discussion was held on various recreational possibilities of the lake. Mayor Cook asked Mr. Bonnet when he might have data information for the Council for the whole project, Holiday Creek and Lake Wichita? Mr. Bonnet stated that he will have a final run this week, and he hoped to have a report for the Council in two weeks. Mayor Cook thanked Mr. Bonnet for bringing the information to the Council . Item llb Discussion was held on proposed Alley Paving Program Procedure. Councilman Harper asked if someone lived in an area where there were no alley containers and they wanted their alley paved, would they have to go the Alley Pave Program, which is 100 percent pay out? George Bonnet stated that they recommend that at the point the Council received the petition, they consider the petition and direct the staff to prepare preliminary estimates. He stated that with the preliminary estimates they would be prepared to review their routing, and come back to the Council with a recommendation. Mr. Bonnet stated that 85 to 90 percent would come back recommended. Councilman Palmer expressed concern about pushing the Alley Container Program with two different plans;' one is more workable than the other. Mr. Boniiet stated that he had concerns about that in terms of long term maintenance of those alleys, and methodology we have insure the City doesn't get left holding the bag, in terms of paying. 747 Item llb, cont'd. Councilman Palmer asked why there are two sets of steps? Mr. Bonnet stated that he knew of no way of insuring mandatory compliance. Councilman Palmer asked if it made any difference whether refuse was picked up in the front or back? Mr. Bonnet stated that if you provide an opportunity to pick up in the back, you can place it on the refuse bill . If a person refuses to pay his bill because he does not want to take his refuse to the alley, we can turn his water off, thus insuring compliance. Councilman Palmer asked if we could use this with the alley paving program? Mr. Bonnet stated that we cannot place a lien on someones property that is a homestead. Councilman Palmer asked if this could be placed on the water bill ? Mr. Hodges stated that if an alley is not used or planned to be used for refuse pick up, there is no way we can pave it and require that the property owner pay by adding the money to the refuse bill . Councilman Palmer stated that the 100 percent up front money is pretty severe. He further stated that he did not know of many folks who go along with this plan. Councilman Harper stated that would be in that one case. Further discussion was held on problems the plan may encounter. Fred Werner, Chief Accounting Officer, referred to agenda item 4B, asking if the City would consider charging interest on the 36 month financing? Mayor Cook stated that in the past there was a small interest charge. Mr. Werner stated that it was 8 percent. Councilman Harper asked if the item could be brought back in two weeks. Mr. Bonnet stated that it could. Item llc Opportunity was given for any other business to properly come before the City Council . Annie Ray, YWCA Sports Director, appeared regarding poor facilities offered to the Girls Fast-Pitch teams. Miss Ray stated that Bridwell Park, which is the park most used by the girls� is unsafe due to the location, facilities, and condition of the fields. Miss Ray further stated that the girls are allowed to play on two fields at Bridwell Park and two fields at Jaycee Park. The girls are separated, thus causing an inconvenience to the parents. Miss Ray stated that unless the aforementioned situations are addressed, the YWCA Girls Fast-Pitch Program will deteriorate to non-existence. Councilman Thomas stated that some of the girls ' parents had contacted him. They went out to some of the facilities the girls are playing on, and it is a disgrace. Miss Ray stated that Bridwell Park is undesirable. Councilman Harper stated that he had also been contacted by some of the parents. He stated that he was in favor of doing something about the situation. Councilman Harper mentioned that the handicapped park may be at Bridwell Park. He suggested that the diamonds be removed and make the park bigger. Mayor Cook stated that is the intention of the Council to provide for the safety and equalization of both girls and boys in all sports and recreation related facilities. It is not the intent of the Council or the City to discriminate against anyone. He further stated that we will look into the information presented and we will provide for safety and equalization, based on participation. Mayor Cook thanked Miss Ray for bringing this to the City Council . Steve Kiser, 6606 Rosedale, appearred stating he wished to address the Council on a situation he found to be very offensive that is taking place in our city. He referred to the back page of the Times and Record News, advertising an all male strip show taking place this evening at the Brass Rail Saloon at the corner of Callfield and Rhea Road. He stated that he found this especially offensive because it had moved out into what he called a prime residential neighborhood. 748 Item llc, cont'd. Mr. Kiser stated that he was informed by Mr. McKinney in Planning that this may be something the Council can take action on. Mayor Cook stated that if there are some controls that we can initiate, we are certainly willing to do so. If the point of the request is that it is moving into or close by residential area , we can address this to the zoning issue. If we are talking about censorship because of types of activities, we would refer that to Mr. Hodge. Mr. Kiser stated that his main concern was the movement from the downtown area to the residential area. Mayor Cook stated that we would not want that type of activity to interfere or encroach into the residential areas. Mr. McKinney stated that if it is designated as adult en ,ertainment, it would be restricted to heavy commercial districts . Mayor Cook stated that we will look into this. It is the intent of the ordinance not to let this happen. Andy Leroy appeared regarding a house he wanted to buy which had been condemned by the city. Mr. Leroy stated that the owner of the house was out of town. Mayor Cook suggested that he direct this Roger McKinney in the Planning Department. The house was located at 507 Welch. Councilman Thomas commented on the impressive organization of the Sanitation department. Councilman Harper mentioned a problem with .the washing out of concrete trucks, especially at intersections and in alleys. He asked if there was an ordinance that covered this? Mr. Hodge stated that he would feel sure that it would come under some ordinance that we have. Mayor Cook suggested that the police look into this, and get license plates, etc. Mr. Berzina stated that he would check into the ordinances. Councilman Harper mentioned a problem with the dumpster near his office. He stated that on Monday mornings you can't get to the dumpsters for the tree limbs and grass trimmings piled on and around it. Councilman Harper asked if it would be possible to have one day a month or sometime for this type of pick up? Mr. Berzina mentioned that there had been a program similar to that, where they brought dumpsters out to the neighborhoods. The program is still in effect, but it is upon request. Item lld The City Council recessed into executive session at 1 :30 P.M. , pursuant to Article 6252-17, Section 2, Paragraphs (g) and (e) of the Revised Civil Statutes. The meeting resumed at 5:10 P.M. Moved by Councilman Wilson that the following be appointed. a. Planning Board, with terms expiring May 23, 1988: Johnny Warren (reappointed) , Linda Ammons, and Travis Wayne Fowler b. Clean Community Commission, with term expiring January 1 , 1987: Mrs. Viola Morton (replacing Patty Young) c. Mayor's Commission on the Status of Women, with term expiring September 30, 1985: Janis Sons (replacing Katherine Hull ) d. Airport Zoning Board of Adjustments, with terms expiring May 3, 1987: Preston Giles, Glen Weeks, Lawrence Haymes, Bob Haley, and Art Harper (replacing Don Oliver) e. Zoning Board of Adjustments and Appeals: Bob Balch (Chairman) , Joan Mason, and Bob Seabury with terms expiring December 31 , 1986, Imma Jeanne Alexander and Bill Rowland with terms expiring December 31, 1985 749 Item 11d, cont'd. Motion was seconded by Councilman Thomas, and carried unanimously. Councilman Swift was absent. Moved by Councilman Wilson that Larry Gillen be appointed as Municipal Court Judge for a one-year term. Motion was seconded by Councilman Thomas and carried unanimously. Councilman Swift was absent. The City Council adjourned at 5:15 P.M. PASSED AND APPu'JEO this day of 1985. C Mayor ATTEST: Wilma J. Th-orKas, CMC, City Clerk