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Min 06/18/1985 i 759 Wichita Falls, Texas Memorial Auditorium Building June 18, 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 Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Councilman Harper. Item 3 Moved by Councilman Thomas that minutes of the meetings held May I21 and June 4, 1985, be approved. Motion seconded by Councilman Palmer, and carried unanimously. ( Items 4a-8a Moved by Councilman Wilson that the consent agenda be approved. Motion seconded by Councilman Welburn. Item 4a ORDINANCE NO. 61-85 ORDINANCE GRANTING WAIVER OF SECTION 5-72 OF THE CODE OF ORDINANCES TO ALLOW RANDALL GARTON TO KEEP A BOBCAT AS A PET FOR SIXTY (60) DAYS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 4b ORDINANCE NO. 62-85 ORDINANCE REPEALING SECTION 3-4 OF THE CODE OF ORDINANCES, ABOLISHING THE AIRPORT SECURITY FORCE. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5a RESOLUTION NO. 74-85 RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CLAUDIO RAMIREZ, SR. , FOR OPERATION OF TAXICAB SERVICE IN WICHITA FALLS. 760 Item 5a, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5b RESOLUTION NO. 75-85 RESOLUTION APPROVING SALE OF REMAINDER OF LOT 1 , BLOCK 14, J. A. KEMP ADDITION TO GROZIER & MANN COMPANY, INC. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6a The bid for traffic signal equipment was awarded to Traffic Signal Equipment, Inc. , in the amount of $17,750. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Items 7a-j Minutes of the meetings of the Traffic Safety Council held December 5, 1984, March 6, April 3, April 29, and May 1 , 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Youth Activities Advisory Council held April 29, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Mechanical Board of Adjustments and Appeals held April 29, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Mayor' s Commission on the Status of Women held May 2, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Landmark Commission held May 16, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meetings of the Clean Community Commission held May 21 and June 10, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 761 Item 8a Refuse credits were approved for Sunrise Mobile Home Park in the amount of $27,315.58, and for Shady Park Mobile Homes in the amount of $2,243.50. These amounts were determined as a result of the judgment in Cause Number 123,161-B. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9a Discussion was held on changes in the proposed animal control ordinance. ORDINANCE NO. 63-85 ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES TO PROVIDE FOR A COMPREHENSIVE SYSTEM OF ANIMAL CONTROL FOR THE CITY OF WICHITA FALLS AND PROVIDING FOR ITS ENFORCEMENT. Moved by Councilman Thomas that Ordinance No. 63-85 be passed, with option one on the at-large definition. Motion seconded by Councilman Palmer. Councilman Harper asked if it is the intent in Section 5-7 to go on private property to inspect it for no apparent cause? Dr. Cox stated that it was to have the right to go on the property, and ask to see the animal . It is not to go into someone' s yard or house. City Attorney H. P. Hodge stated that if an inspector wants to go inside the premises they have to have a search warrant to do it. Councilman Palmer asked if proper credentials would be an identification card, or a search warrant? The City Attorney stated that it would not be a search warrant. Councilman Harper stated that it seems that there should be probable cause for someone to come on private property to inspect. Dr. Cox stated that most of the animals which have been licensed are those which have been impounded, and picked up. They have to license them in order to get them out. Councilman Harper explained that he will vote for this, but he has some concerns about it. City Attorney H. P. Hodge stated that it is not unusual for the City, with proper credentials, to go into the property and inspect on various types of licenses. Councilman Wilson also questioned this provision. Toni DeStefano stated that it seems to be when the animal is being abused that they ask for the right to inspect. Section 5-7 a(2) was changed to include the right to inspect, when ordered by the Director of the Wichita Falls Health Unit. Mrs. DeStefano stated that they requested that the Council not change the present at-large wording in the ordinance. Jim Gilbow stated that in large cities, verbal control has not worked. Mayor Cook asked why the present ordinance is not enforced? Mrs. DeStefano stated that it is. Dr. Cox stated that they have to work on complaints. They have only five wardens to enforce it. Moved by Councilman Harper that we strike option 1 , and go back to the original ordinance on at-large definition. Motion seconded by Councilman Palmer, and failed by the following vote. Ayes: Councilmen Harper and Palmer Nays: Mayor Cook, Councilmen Swift, Thomas, Wilson, and Welburn Councilman Harper asked if veterinarians will issue city licenses? Dr. Cox stated that it is his intention to pursue this matter with them. The fee has been increased to $3.00, and he would propose giving $1.00 of this to the veterinarians, along with furnishing the supplies needed. Councilman Harper noted that at least seven different people have called him about being attacked by dogs while walking down the sidewalk 762 Item 9a, cont'd. of the owner's property. The motion for passage of the ordinance, with all recommended changes, was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: Councilman Swift Mrs. DeStefano noted that the dog clubs would like to negotiate for use of a park in training their dogs. Mayor Cook encouraged Dr. Cox to work with them in providing a park for this purpose. Councilman Welburn asked about a building, and Mr. Gilbow stated that would be agreeable. Item 9b ORDINANCE NO. 64-85 ORDINANCE TO AMEND SECTION 8 AND SECTION 10 (H) OF APPENDIX A (COMPREHENSIVE SUBDIVISION ORDINANCE) AND TO ADD SECTION 10 (M) TO APPENDIX A (COMPREHENSIVE SUBDIVISION ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO REQUIRE A MAINTENANCE BOND FOR SUBDIVISION IMPROVEMENTS. Moved by Councilman Palmer that Ordinance No. 64-85 be passed. Motion seconded by Councilman Harper. Councilman Wilson noted that they met with a group of homebuilders about eighteen months ago to try to make housing more affordable, and trim down the bureaucracy. At a meeting last week, they felt a lack of response on the problems brought to them. He stated that he was not aware of any problems which they had brought. No code changes have been recommended to the Council in the last eighteen months. City Manager James Berzina noted that there was a memo, and most of the response was that they already had what they asked for. Some of it was that it was not in the best interest of the city. Mr. Berzina stated that he thought there were two or three more meetings, and the memo came from that meeting. Planning Director Roger McKinney stated that a lot of the information was already available to them in the building code. In the development of the Zoning ordinance, they addressed the concerns of lot size. There were some electrical code requirements that the electricians were interested in keeping what they have. Councilman Harper noted that a large part of this is already available to them. Councilman Wilson feels there is a communication gap. There are some things that are provided in the code, but he gets the distinct feeling that the city was unresponsive to any change. Mr. McKinney stated that the Plumbing and Electrical Boards discussed some of these problems. In terms of the items presented to them, to his knowledge they were all discussed by the various boards. In terms of construction, he cannot respond to that. Councilman Wilson requested that the Council be given a complete update on the changes that were made. He believes there are still some frustrated people out there in regard to our response to them. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 763 Item 9c ORDINANCE NO. 65-85 ORDINANCE AMENDING SECTIONS 20-11 AND 20-12 OF THE CODE OF ORDINANCES TO EXTEND CURFEW HOURS FOR MINORS TO 12:00 A.M. ON MONDAY THROUGH FRIDAY; 1 :30 A.M. ON SATURDAY AND SUNDAY; AND 1:30 A.M. ON WEEKDAYS WHEN MANADATORY PUBLIC SCHOOLS ARE NOT IN SESSION THE FOLLOWING DAY. Moved by Councilman Harper that Ordinance No. 65-85 be passed. Motion seconded by Councilman Thomas. Councilman Harper wanted to be sure that this includes summer time because summer school is not mandatory, so the ordinance was corrected to reflect mandatory public school . Councilman Thomas also noted that corrections are needed in the days shown in the heading of the ordinance. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9d ORDINANCE NO. 66-85 ORDINANCE WAIVING SECTION 20-24 OF THE CODE OF ORDINANCES IN ORDER THAT THE JAYCEES MAY OPERATE A BB GUN BOOTH AT FAMILY FUN DAY ON JUNE 29, 1985, AND DECLARING AN EMERGENCY. Moved by Councilman Thomas that Ordinance No. 66-85 be passed. Motion seconded by Councilman Harper. Councilman Harper asked Doug Paul why the Jaycees are always wanting the Council to waive ordinances for them? Mr. Paul stated that they were not aware of this ordinance until recently, and their plans had been made for a long time. He stated that they will have a stationary target. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9e ORDINANCE NO. 67-85 ORDINANCE AMENDING SECTION 25-21 OF THE CODE OF ORDINANCES TO ALLOW MINORS UNDER THE AGE OF 13 TO ATTEND PUBLIC DANCES TILL 11:00 P.M. Moved by Councilman Harper that Ordinance No. 67-85 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 Item 9f ORDINANCE NO. 68-85 ORDINANCE CALLING A BOND ELECTION. Moved by Councilman Thomas that Ordinance No. 68-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. 764 Item 9f, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Councilman Harper confirmed that it is illegal for the City to spend tax dollars for anything, except to furnish information on the bond issue. He stated that he hopes someone will come forward to support it. Tom Miller appeared as Chairman of the Committee for Flood Control in Wichita Falls. He stated that they appreciate the council taking action as promptly as they have in this matter. They will do whatever they can to support it 100 percent. They can provide a committee for this purpose. Mayor Cook pointed out that this is a continuation of a program that was started in 1982. The Council is not just acting on the flooding of last week. This has been an on-going program. Mr. Miller stated that he believes the city' s plans are acceptable with what they have worked on. Director of Public Works George Bonnett explained that a 100-year flood is one which you would normally expect to occur only once in every 100 years. A 20-year flood would normally occur once every 20 years. Mayor Cook stated that the Deputy Secretary of the Army came to Wichita Falls personally to review this. He has been very responsive, and has probably moved the project ahead at least four years on their schedule. Mr. Bonnett presented information on our own project, as well as the federal project. Our total project cost is $13,028,000. The federal project is 37,000,000. All lands acquired by the City will be of sufficient size to allow the Corps to build the 100-year channel at a later date. All utilities will be relocated for the same purpose. The bottom of the channel will be 85 feet wide. Lake Wichita dam will not be repaired in the City' s project. New bridges will be constructed at Harding and Holliday, and bridges will be removed at Jasper and Lake Park Drive South, and will not be replaced. There will be new railroad bridges just South of Eastside Drive. The project will end about 1000 feet South of Southwest Parkway. It will be a three-year project, which will provide 20-year flood protection at Midwestern Parkway and Holliday Creek, with a 35-40 year flood protection in other areas. This project is designed to be compatible with the Corps ' project. Mayor Cook explained that the Corps was able to accelerate this project by four years only because of the partnership developed by the Corps and. the City. We were also waiting on design construction of bridges. We have been waiting on some of this information since 1982, but it has been a continuing project. He further stated that Congressman Hightower instituted legislation in 1982 to give us some protection of our investment. Congressman Boulter has also given us assistance in continuing the protection of our work. It is the feeling of this Council that we do not spend tax dollars unwisely, so that it will not be compatible with their plan. This plan would alleviate ninety percent of the flooding we have experienced in the last 35-40 years. It has seemed like a slow process, but they have been working on it since 1982. This can be done without an increase in taxes. Item l0a RESOLUTION NO. 76-85 RESOLUTION SETTING A PUBLIC HEARING FOR THE PAVING OF AN UNNAMED ALLEY WEST OF THE HIGHLANDER AND SANTA FE APARTMENTS AND DIRECTING STAFF TO PREPARE PRELIMINARY CONSTRUCTION COST ESTIMATES Moved by Councilman Palmer that Resolution No. 76-85 be passed. Motion seconded by Councilman Wilson. 1 765 Item 10a, cont'd. Mr. Bonnett stated that they will proceed with engineering to determine costs. At the time of the public hearing and assessment, the people will know exactly what their costs will be. He expects to take about two months. They will lump several alleys into one project. He would hope they would bid them in the middle of winter. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10b RESOLUTION NO. 77-85 RESOLUTION APPROVING FIFTH AMENDMENT OF CONTRACT WITH 'rJICHITA FALLS FUNLAND, INC. Moved by Councilman Wilson that Resolution No. 77-85 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 Item 10c was deleted from the agenda. Item 10d RESOLUTION NO. 78-85 A RESOLUTION DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE SOLD BY SEALED BIDS. Moved by Councilman Wilson that Resolution No. 78-85 be passed. Motion seconded by Councilman Welburn. Councilman Wilson stated that he is glad to see this happening. It has been a long time coming. Dorcas Chasteen, Property Administrator, stated that one of the problems in the past was that people did not know the property was for sale. The signs will tell everyone now. She stated that she now has index cards on every subdivision. She also records all ordinances on alley or street closings. She will complete the Original Townsite, and will be able to identify those pieces of property that we own in the river area. At some point in time she hopes to have this information on the whole city. She stated that on all sale information going out, the address of the property will be given, along with lot and block numbers. She will also suggest that they contact Planning and Zoning for its usage. t Mayor Cook noted that they would be interested in exchanging properties for right-of-way. Councilman Harper noted that the Route Building is included. He thought we were working with the Heritage Society for leasing it. He hopes we don't let it go too low in price. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 766 Item 10e RESOLUTION 79-85 AUTHORIZING CONTRACT WITH McCALL, PARKHURST & HORTON TO SERVE THE CITY AS BOND COUNSEL Moved by Councilman Thomas that Resolution No. 79-85 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 Item 10f RESOLUTION NO. 80-85 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH HERBERT R. SMITH, INC. , FOR THE PERFORMANCE OF PROFESSIONAL FINANCIAL ADVISORY SERVICES. Moved by Councilman Thomas that Resolution No. 80-85 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 Murphy Davis, with Herbert R. Smith, Inc. , distributed information on various financing alternatives. He discussed the refunding issue, with four scenarios. No restructuring of debt service will be available after January 1, 1986. Item lla RESOLUTION NO. 81-85 RESOLUTION APPROVING CONCESSION CONTRACTS AT WILLIAMS PARK AND SPUDDER PARK WITH JOSIE POPE. Moved by Councilman Harper that Resolution No. 81-85 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 12a RESOLUTION NO. 82-85 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR THE 1983-84 CDBG UTILITY REPLACEMENT PROJECT Moved by Councilman Wilson that Resolution No. 82-85 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 i 767 Item 12b RESOLUTION NO. 83-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR JAYCEE PARK - ROAD AND PARKING LOT IMPROVEMENTS Moved by Councilman Wilson that Resolution No. 83-85 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 Item 13a Moved by Councilman Harper that authority be granted to advertise for bids for reconstruction of Harrison Street. Motion seconded by Councilman Palmer. Councilman Harper asked about salvaging the bricks presently in the street. Mr. Bonnett stated that they would be stored for use in future projects. The moticr; �v,as carried unanimously. Item 14a Robert Miller, 3200 Kessler Street, stated that the Catholics want to extend an existing cemetery across the throughfare, and it is against the law. They have property in Westmoreland Park that cannot be used for anything except parks. He stated that he talked to the Zoning Commission, and the City Attorney. One hundred percent of the property owners do not want it. Councilman Wilson explained to Mr. Miller that zoning will not affect, one way or another, the rights he has under his deed restrictions. When we had a law where we enforced deed restrictions, we tried to explain to people that those restrictions were covenants between parties in a subdivision. The City, and its attorney, should not be a legal advocate in a restrictions case. He is opposed to that philosophy of the City enforcing deed restrictions. Mr. Miller stated that the Zoning Commission cannot tell him what is right and wrong under the Zoning ordinance until they receive instructions from the city attorney. They are now fencing the property to eventually become a cemetery. He is asking the City to enforce state law and restrictions in the Zoning. City Attorney H. P. Hodge stated that from an objective position it is not nearly as clear cut as Mr. Miller thinks. The law states that the cemetery can be extended on adjacent land. He believes a court would say that it is enlarging an existing cemetery on adjacent land. With regard to deed restrictions, a part of it is out of the Westmoreland Addition. When that piece of property was sold in 1924, in that deed there was language to the effect that the there would be some restrictions on the use of it. Restrictions are not clear that you cannot use it for anything, other than houses. He has very serious doubts that anyone except Mrs. Leona Anderson can enforce it. It was not put in the deed for the benefit of other property owners. Roger McKinney, Planning Director, stated that if that plat was recorded prior to zoning, he does not believe it would be subject to the zoning laws. That area is zoned single family two. Mr. Miller stated that the property was purchased from Leona Anderson, with restrictions. The fence has been put up. He stated that they laid the plat on the desk of Vernon Cannon the day before the zoning went into effect. It still has not been recorded. He believes it has to be recorded two days before zoning went into effect. City Attorney H. P. Hodge stated that if it was filed with the County Clerk, that takes care of it. He further stated that he knows of no requirement of recording property two days before zoning goes into effect. 768 Item 14a, cont'd. Mr. Miller stated that they cannot afford $21,000 to fight it. Councilman Harper requested the City Attorney to write Senator Farabee' s office, and get his opinion on this question. Mayor Cook stated that the only determination is a court of law on whether it is legal . The City is not in the business of enforcement of deed restrictions any longer. The City Attorney stated that in 1964 the property belonged to the Catholic Church. It had not been taxed because it was church related, but was not used by the Church. The City assessed this property for the paving of a street. Taxes were also levied because the property was not being used as a Church. The Catholic Church gave the property to the City in payment of $16,000 in taxes and paving assessments. Last year the Catholic Church purchased it back for $50,000. When it was put up for bids, the City stated that it would be used for single family, duplexes, or triplexes, or open space use, such as a cemetery. The City could not cancel out any prior restrictions. It was purchased back on August 10, 1983. Councilman Harper requested that the City Attorney prepare an ordinance prohibiting driving on medians. Councilmen Thomas and Palmer would like to see the median roped off at Sikes, before the July 4 celebration. Sam Francis, 1006 Austin, appeared regarding paving an alley from Avenue J to Avenue L. Mayor Cook stated that we have not paved any alleys for quite some time in the city. We have implemented an alley paving program now. Mr. Bonnett has the specifications and information available to see if it qualifies. Mayor Cook suggested that he talk with Mr. Bonnett. Councilman Wilson also asked if there wasn't some problem of some people not keeping their weeds cut? Mr. Francis stated that he was one of them, but no one lives there at this time. Assistant City Manager Ed Barrett stated that everything from the last meeting that needed a response, has appeared on this agenda. He also noted that most of the problems on the Scottsdale drainage channel have been solved. Paving will also be done. Hamilton Road pot holes have been filled. The Sanitation Department will be in the flood areas tomorrow picking up debris. The Park Board will be meeting next Wednesday, and the YWCA may address them at this time. Councilman Welburn noted that Wichita Falls is running above the average in cost of living. He requested that someone take a look at which utility is causing us to be out of kilter. The City Manager mentioned changes at the golf course. They are trying to get the front nine ready for the T-0 Jr. tournament. They have a representative from a golf course company working on this. It is being managed by this company. He would like to develop a proposal for people who want to manage golf facilities, and bring it back to the Council for consideration. Councilmen Wilson and Palmer will assist him in the development of this proposal . Items 15b,c The City Council recessed into executive session at 11:20 A.M. , pursuant to Article 6252-17, Section 2, Paragraphs (g) and (e) , of the Revised Civil Statutes. The meeting reconvened at 1 :26 P.M. , and immediately adjourned. No board appointments were made. 769 PASSED AND APPROVED this day of 1985. i Craig A. Wilso�faayor Pro tem ATTEST: Wilma- J. Thom s, CMC, City C erk