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Min 08/06/1985 i 1 Wichita Falls, Texas Memorial Auditorium Building August 6, 1985 Item 1&2 The City Council of the City of Wichita Falls, Texas, met in regular s ssion on the above date in the Council Room of the Memorial Auditorium Building t 3:30 o'clock A.M. , with the following members present. Gary D. Cook Mayor Charles Thomas Craig A. Wilson Councilmen Bill Palmer James A. Welburn Thomas E. Swift Absent Charles Harper Absent 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 Chuck Cunningham, Church of Christ in Edgel-12re. item 3 Moved by Councilman Wilson that minutes of the meetings held July 16 nd 29, 1985, be approved. otion seconded by Councilman Palmer, and carried unanimously. items 4a-9a Items 5b and 7a were moved to the regular agenda. Moved by Councilman Welburn that the consent agenda je approved. Motion seconded by Councilman Wilsoi. Item 4a George Martinez, an employee of 3.e ainsitation Department, was honored as Employee of the Month for August. �'3,yor Cook present'd hip with a plaque, LI City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 81-85 AN ORDINANCE CLOSING, VACATING, AND A3ANDONING STONE STREET, AND �. ' AN ALLEY IN LOT 7-A, 3LOCK 8, NORTH PARK ADDITION, WICHITA FALLS, TEXAS, AND RETAINIJG 'UTILITY EASEMENTS. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None ` r _,r.i 6a HRESOLUTION NO. 96-85 I� A RESOLUTION APPROVING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, UNDER TITLE I OF HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AAENDED I� 2 Item 6a, cont'd. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item 6b RESOLUTION NO. 97-85 .r RESOLUTION AUTHORIZING THE FILING OF APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANT UNDER THE MASS TRANSPORTATION ACT OF 1964, AS AMENDED. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None _1 Item 6c RESOLUTION NO. 98-85 RESOLUTION TO APPROVE CONTRACT WITH BIGGS, & MATHEWS, INC. , CONSULTING ENGINEERS, FOR UPDATE OF SLUDGE DISPOSAL ENGINEERING REPORT Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Items 8a-e Minutes of the meeting of the Landmark Commission held June 20, 1985, were received. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburr Nays: None Minutes of the meeting of the Planning and Zoning Commission held July 10, 1985, were received. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: none Minutes of the meeting of the Electrical Examiners Board held July 11, 1985, were received. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Park Board held July 24, 1985, were received. Ayes: IMayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Youth Activities Advisory Council held June 10, 1985, were received. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item 9a ' •_ A tax refund in the amount of $7,762.43, was approved for Levi Strauss and Company. They paid twice. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item 5b ORDINANCE NO. 82-85 ORDINANCE AMENDING SECTION 2-175 OF THE CODE OF ORDINANCES TO INCREASE THE NUMBER OF MEMBERS OF THE YOUTH ACTIVITIES ADVISORY COUNCIL FROM TEN TO TWELVE. 3 Item 5b, cont'd. Moved by Councilman Thomas that Ordinance No. 82-85 be passed. Motion seconded by Councilman Wilson. Councilmen Thomas noted that some members of the Youth Activities Advisory Council are present. Sara Donnell , 2112 Indian Heights, requested that the City Council increase the membership from ten to twelve, by making the two alternates from Notre Dame High School full fledged members. She introduced the members present. Councilman Thomas recognized Jeanie Thompson for the work she has done with this group. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item 7a Discussion was held on award of bid for modular steel deck storage mezzanine. Bob Parker explained that this would provide more storage and will lower the street light costs to the lowest possible dollar. Award of the bid was recom- mended to Amfac Industrial , in the amount of $12,175. Councilman Thomas wondered if United Electric bid on the project. Mr. Parker stated that he did not know. Moved by Councilman Thomas that the bid be awarded, as recommended. Motion seconded by Councilman Palmer, and carried unanimously. Item l0a Georgianna Wigley, 3213 Sue Ann, stated that she has lived there since June, 1954. When she bought the property it was dead-end, and they were told that the alley was only to be used for garbage collection. They paid anywhere from $300 to $500 for paving the alley. Sue Ann has 14 houses on it. Onaway has no single family houses on it. They feel that paving this alley is not to their benefit. She stated that she has used the alley six times in 31 years. She would like to discourage traffic on it. Some of the cars from the apartments cut across her corner property. She stated that she has been assessed $1623 for something that will inhibit her property. She does not think this is morally or legally correct. City Attorney, H. P. Hodge mentioned a letter from Larry Lambert. Public Works Director George Bonnett addressed the easement and alley in the rear of the property. In 1975, it appears that the property owners abutting the East/West section petitioned the city to pave it. There was a lot of discussion on this. The property owners did, in fact, pay for an alley behind them. Additionally, it appears that some of the 7roperty owners on the South side of Sue Ann did dedicate an additional five feet. Some of the easements have not been recorded, but some of them have been. City Attorney, H. P. Hodge addressed Section 7 of Larry Lambert's letter. Councilman Wilson asked how the statute relates to alley paving? Mr. Hodge stated that it is not based on a State Statute. He understands that other provisions have been made for garbage pick-up, and he would have difficulty charging Mrs. Wigley for facilitating garbage pick-up, when she has already paid for that. I Mr. Bonnett stated that properties on the East side of Wenonah are, receiv- ing annual collection from the alley. On the West side, they are being picked up from the street. Councilman Palmer asked what would happen if the alley were paved to Onaway Trail , and make a 90-degree turn there? Mr. Bonnett stated that this is an alternative. The first alternative is to place it in an alley container program. The property owners must come up with one-half of the cost. The remaining 50 percent would be placed for collection, whether 4 Item 10a, cont'd. or not they receive that service. The second alternative is to place it in the alley paving program, which would require 100 percent of the cost. The third alternative is to drop the project, and not consider it at this time. The paving ordinance states that it must be from street to street. The apartments are receiving service from the containers. It was noted that we have enough turning radius to make the turn. The alley behind Sue Ann is concrete. Mr. Bonnett stated that it was paved under the then alley paving program of the City. The structural ability of that alley is not the same as proposed under this program. Mayor Cook asked if the alley breaks down, where is the cost borne for the replacement of the alley? Mr. Bonnett stated that has not been addressed. Front-end loaders and hand packers are used in that area. A man in the audience stated that front loaders do not use that alley. The people on Sue Ann paid for the entire alley. The apartments are using it for a driveway. They have made a one-way into their apartment, but have no one-way out. They will speed up and down that alley. Mayor Cook stated that it seems that you will either have to close that alley, or pave it all . The City will not force anyone to participate in this paving. If they do not participate, the City will not pave it. Seven residents have petitioned the City to pave it. Two have not wanted to participate. If those seven want to pay the entire cost, then they may do so. He feels the alley will still be used for traffic, whether it is paved or not. Mrs. Wigley stated that she would like to see it closed. Mayor Cook noted that his opinion is that it will either have to be paved all the way, or close it. Mr. Bonnett stated that they would have to back out with the packers if it were closed. Alice Stevens, 3202 Sue Ann, stated that she feels this is to the advantage of the apartments. Those apartments were not there when they moved in. There are several children under eight years old who play in the alley. It is the people who come from the apartments that zoom around there. The people on Sue Ann will not be going down the alley, but coming down the street. Kent Neville, 2011 Wenonah, stated that he has no need to have the alley paved. He does not want his trees cut down, nor to pay the cost, because it has no use for him. The public hearing was closed. Moved by Councilman Thomas that this alley be placed on the alley paving project, with 100 percent of the money to be placed up-front, voluntarily. (It was noted that Mrs. Wigley and Mr. Neville will not be participating. ) Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, and Welburn. Nays: Councilman Palmer. Item llb ORDINANCE NO. 83-85 AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE ZONING ORDINANCE OF °.. ,.. THE CITY OF WICHITA FALLS, TEXAS. Moved by Councilman Palmer that Ordinance No. 83-85 be passed. Motion seconded by Councilman Welburn. Councilman Wilson asked about screening, stating that what he is concerned about was that the original intent was to screen adjacent property lines across the side or back. Roger McKinney mentioned that in some areas it may be hard to determlie which will be the front of the property, when the lots front on two streets. Councilman Wilson stated that he was not thinking in terms of the Zoning district boundary. He is wondering what situation will not be addressed by the 70 feet requirement? Mr. McKinney mentioned properties along Kemp and Old Windthorst Road. 5 Item llb, cont'd. Sections 7 and 9 were discussed. Councilman Wilson suggested lower fees, stating that zoning is a little different from paying for utilizing a service. He believes a nominal fee is more in keeping with the spirit of what we are trying to do. We are limiting the right of the property owner to use his property for the benefit of the City. Mr. McKinney stated that the fees are based on the best information of the time staff would be required to use, postage, and publication costs. It does not completely recoup all the staff time, but it does pick up our out-of-pocket costs. Councilman Wilson stated that the benefits to be derived do not just benefit that property. We are putting them through a bureaucracy, as well as the costs involved. He proposed a fee of $25.00 for Section 9B and 9D. Mayor Cook noted that he feels this is a part of doing business. Opportunities have been given for input by the citizens. Moved by Councilman Wilson that Sections 9B and D be amended to a $25.00 fee. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Councilmen Thomas, Wilson, Palmer, and Welburn Nays: Mayor Cook The motion, as amended, for passage of the ordinance, was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item llc ORDINANCE NO. 84-85 AN ORDINANCE AMENDING SECTION 5400 OF THE CITY OF WICHITA FALLS ZONING ORDINANCE TO INCORPORATE THE LOCATIONAL CRITERIA FOR ALCOHOLIC BEVERAGE SALES WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS Moved by Councilman Welburn that Ordinance No. 84-85 be passed. Motion seconded by Councilman Palmer Councilman Thomas mentioned that bar owners on Flood Street often change ownership. Mr.. McKinney stated that the only time the conditional use fee would be required is if it is a new facility being built in the district. Just a change of license or ownership would not have those requirements. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None ORDINANCE NO. 85-85 AN ORDINANCE AMENDING AND DELETING CERTAIN SECTIONS OF CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE WICHITA FALLS CODE OF ORDINANCES Moved by Councilman Palmer that Ordinance No. 85-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item lld ORDINANCE NO. 86-85 . AN ORDINANCE WAIVING SECTION 9B(1)(j) OF APPENDIX A OF THE CITY OF WICHITA FALLS CODE OF ORDINANCES (SUBDIVISION ORDINANCE 2118) FOR PROPOSED LOTS 1-A TROUGH 12-A, BLOCK 43A, FAITH VILLAGE, UNIT 2, WICHITA FALLS, TEXAS . 6 Item lld, cont'd. Moved by Councilman Welburn, for discussion, that Ordinance No. 86-85 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked about the purpose for this? Mr. McKinney explained that it is for an internal access easement that runs behind the lots, and exits on Moffett Street. The easement will be maintained by the developer. The homeowners association will be responsible for maintenance of the access easement, as well as the commonality space. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item Ile ORDINANCE NO. 87-85 ORDINANCE WAIVING SECTIONS 4-15, 22-1, AND 22-4 OF THE CODE OF ORDINANCES TO ALLOW SALE, POSSESSION AND COMSUMPTION OF BEER, AND PLACING OF BANNERS, IN LUCY PARK FOR ANNUAL "CHICANO DAY AT THE PARK" . Moved by Councilman Thomas that Ordinance No. 87-85 be passed. Motion seconded by Councilman Palmer. Assistant Parks Director Bill Hursh stated that this was presented to the Park Board. They requested that a portion of the park be left open for public use. The GI Forum agreed to this. Councilman Wilson stated that he is opposed to commercialization and sale of beer in the park. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Palmer, and Welburn Nays: Councilman Wilson Item 12a RESOLUTION NO. 99-85 RESOLUTION ESTABLISHING AN ADMINISTRATIVE HANDLING FEE FOR TESTS PERFORMED ON WATER SAMPLES SUBMITTED TO THE HEALTH DEPARTMENT LABORATORY. Moved by Councilman Thomas that Resolution No. 99-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilman Thomas, Wilson, Palmer, and Welburn Nays: None Item 12b .r RESOLUTION NO. 100-85 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DAUGHERITY AND GLOVER RELATING TO ARCHITECTURAL SERVICES FOR THE REMODELING' OF THE CITY JAIL. Moved by Councilman Palmer that Resolution No. 100-85 be passed. Motion seconded by Councilman Welburn. Councilman Thomas noted that he was not aware of many of these items to put in a communication system in the jail . Ed Barrett, Assistant City Manager, stated that they are moving the EOC from upstairs to downstairs, i 7 Item 12b, cont'd. and explained the reasons for this. Classrooms and exercise rooms were also mentioned. The architect stated that a wall to be moved is not a load-bearing wall . Mr. Barrett also stated that the drug section will be relocated. The present training room will be remodeled for office space. Mayor Cook asked if we would have adequate security for the computer main frame? Mr. Barrett felt that it will be secure. Councilman Wilson asked how the workload of the architect will change if it comes in at $550,000 or $535,000? Mr. Barrett stated that if the bid goes over $540,000, then the fee would only increase by $2000. Councilman Thomas stated that the Emergency Operating Center is very seldom used, and we do not need that kind of expense. All he ever heard about was a dispatching center. Mr. Barrett stated that radio plug-ins will be installed. and it will also be used for training. Specifications have already been designed for radio equipment. Councilman Wilson stated that he is opposed to any kind of contract that ties the fees of the architect to what the bid comes in at. If it costs more, we have to increase their fees, and that does not change their workload at all . If material costs change, it doesn't change anything for them. John Glover, Architect, stated that the scope of the project is based on the amount of work, plus alternates. Councilman Wilson asked if there is any reason for there to be any kind of percentage if bids come in high? A man in the audience stated that it was for preparing additional documents to do the extra things involved for alternates. Mr. Glover stated that they have proposed a flat fee to do the amount of work requested. It is directed at a general fee for the scope of work requested. He stated that it is possible that the percentage could be increased if the bid came in higher because of additional services to be performed. Mr. Barrett stated that the fee would be $44,100 or $46,100. He feels the job will cost $496,000 for just the building. The radio equipment will be $200,000, for a total of $696,000. City Manager James Berzina stated that they can look at the bids when they come in to see if they want to spend all of it. They can tell them what to take out, if they want to. This is the first time we have seen these figures. If they are uncomfortable with this, then help us take it out. This is a recommendation from the staff on how to get the best mileage for the use of the space. Mayor Cook seemed to remember a figure of $750,000, including the equipment which we would have to purchase. Councilman Thomas stated that the only figure he heard was $500,000. Mr. Berzina stated that we will have a net loss of five people because of the combination of police and fire dispatch- ing. Councilman Thomas asked what kind of equipment we will have in this build- ing? Police Chief Harrelson explained the radio and telephone equipment. It will also house the CADS system. Councilman Thomas also asked what size console will be in the room, so that the architect will know how to design the room? The architect stated that this has not been furnished to them at this time. It was noted that a general concept of the size was furnished to them. Councilman Wilson asked if the water problem was part of the scope of services? If it is put back into the scope of services, they could be compensat- ed by the hourly rate. Mayor Cook stated that if we have a building which is leaking, it should be included in the scope of the project. The $2,000 is there if they are told to do extra services which are not included. The hourly fee would apply if they have to go to these console manufacturers. Councilman Wilson stated that those additional services which are not now included in the scope of services is based on Section 14.4.1 , and the $2000 is not needed. Mr. Glover stated that they have not yet been employed to do this, but the additional fee is in here in case the cost of the contract goes higher. Mayor Cook noted that the point Councilman Wilson is making is that if prices come in higher, it will not alter their work just because the bids came in at $700,000. Why should their fee escalate just because the bids come in higher, when their drawings and work has not changed? If the Council changes the scope, then the fee goes up accordingly. Mr. Barrett stated that they are trying to cover some of the structural changes. This is designed as a 8 Item 12b, cont'd. disincentive for making additional changes. The man in the audience stated that the hourly rate is based on communication equipment. The other $2000 is to take care of fluctuation of the market price. This will not cause them any more work. Additional changes could require them to do more work. It was stated that they have professional insurance. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item lla ORDINANCE NO. 88-85 ORDINANCE APROPRIATING FUNDS WITHIN THE GENERAL FUND FOR THE PURPOSE OF HIRING AN ARCHITECT FOR REMODELING THE CITY JAIL. Moved by Councilman Palmer that Ordinance No. 88-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item 12c RESOLUTION NO. 101-85 RESOLUTION REVOKING AWARD OF BIDS FOR TROLLEY BUSES. Moved by Councilman Thomas that Resolution No. 101-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas , Wilson, Palmer, and Welburn Nays: None Item 12d RESOLUTION NO. 102-85 RESOLUTION CALLING MUNICIPAL ELECTION TO BE HELD ON OCTOBER 12, 1985. Moved by Councilman Palmer that Resolution No. 102-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item 13a RESOLUTION NO. 103-85 RESOLUTION TO AWARD BID FOR BARNETT ROAD UTILITY RELOCATION PROJECT Moved by Councilman Palmer that Resolution No. 103-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilman Thomas, Wilson, Palmer, and Welburn Nays: None 9 Item 14a RESOLUTION NO. 104-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE 1984 DEPARTMENT OF PARKS & RECREATION WEEKS AND HAMILTON TENNIS CENTERS TENNIS COURTS RESURFACING PROJECT. Moved by Councilman Welburn that Resolution No. 104-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Wilson, Palmer, and Welburn Nays: None Item 15a A request was made to the Planning and Zoning Commission by Laura Bernice Barker to change the zoning classification at 1700 Lucille from single family residence to limited commercial . The Planning and Zoning Commission recommended disapproval . Hazel Bush, 1704 Lucille, stated that she lives less than 100 feet from this property, and that she is willing for it to be zoned for limited commercial use. She does not think the house could be rented because of its condition. She would rather have an office there than a series of renters. Councilman Thomas stated that this was one of his fears when it was zoned, but he also feared doing it lot by lot. Mayor Cook noted that the Zoning Board recommended that two lots deep be zoned limited commercial . It was the request of the Southland Addition Association that it not be done. The Council requested the staff to contact property owners regarding usage of the property. Mr. McKinney stated that they identified existing businesses on Brook Street. All existing residences were included as single family two. They were not contacted. Wanda Williams, 1702 Lucille, stated that she owns the property, but does not live there. Mrs. Barker was not contacted because of illness. She has since moved to Fort Worth. With the property in the condition it is, she would have an extremely hard time selling it for single family two. Even though it would be changed to limited commercial she would still probably have a hard time selling it. Mrs. Williams favored limited commercial designa- tion for this property. Mrs. John Alford owns property at Brook and Huff. They live in the house next to it. She stated that she would rather see a piece of property being used for limited commercial , than for rent property. No one will buy this property for a residence. She favored the request of Mrs. Barker. Charlotte Kennedy stated that she lives in the fourth house from Brook, on Lucille. Mrs. Barker's property cannot be repaired for a home. She would not object to commercial or limited commercial . The rest of Brook Street has been improved. Kathy Boren, 1608 Burlington, stated that she checked into the properties along Brook Street. She noted the number of single family and multi-family residences, and their owners. She stated that most of these people favor re-zoning on an individual basis. Most of the property owners are out of town, limited commercial , or multi-family residences. It would seem more equitable for those property owners to be allowed to re-zone on a one to one basis. A letter was presented from Mr. and Mrs. Carr Hamrick, favoring limited commercial designation for Mrs. Barker' s property. Blanche Donnell , Realtor for Mrs. Barker, stated that some people try to purchase this property for a steal , for investment purposes, because they feel it will eventually be changed to limited commercial . Andy Lee stated that he had previously lived at 1819 Wilson, and on Collins. His office is at 1501 Brook. He stated that he had been involved in several projects in that neighborhood. He has asked to have a meeting with the Southland Association regarding development along Brook Street. He feels this property is limited commercial . 10 Item 15a, cont'd. Sid Litteken appeared as a member of the Southland Association, stating that he feels they are missing the entire issue that the Southland Association sought to achieve. The owner has let the place run down. What the Council and Zoning Board of Appeals need to consider is what are the ramifications going to be? If we continue to keep developing, we will have traffic and other problems. Will we continue to give away things to people buying commercial property? Will the other people in the neighborhood be forced to go through the heavy traffic? Somebody will have to stand up and care for the inner core of the neighborhoods. How can we be sure that these commercial developers will do what they say they are going to do? He is concerned about how far it will go? Councilman Thomas stated that he once lived at 1702 Collins, and there was a commercial business next to them at that time. One thing that concerned him was the number of grandfathered properties there. He was concerned that they pull out onto Brook, rather than back out into the traffic. Mayor Cook stated that when Kell is completed they will see a difference in the traffic on Brook. The medical district will probably develop more toward the hospital . Mr. Litteken asked how we will get the protection that is needed in the neighborhood if they keep changing things? Mayor Cook stated that some of the Southland Association members were misled. When they see what some of the developers are trying to do, they don't have those objections. He hopes the meeting Mr. Lee has mentioned will be well attended. He also feels that the traffic count figures from the businesses on Brook will probably be less than five percent. Until it is zoned two lots deep along Brook Street, then we will have these problems. Mr. Litteken asked what is more important, the first two lots, or lots 3 through 50 in the rest of the neighborhood? Mayor Cook stated that he still supports the recommendation of the Zoning Board for two lots deep on Brook Street. Gary Hopkins, 1800 Pearl , stated that he felt the real reason the Council changed its mind was the charge to protect the neighborhood. All the things that they are protected from by the ordinance have now been granted. They would like to maintain the status quo. Councilman Wilson requested that the recommendation of the Planning and Zoning Board be on the Council 's agenda at the earliest possible time. Item 15b Councilman Welburn asked about the status of how we are going to fund Midtown Now? Mayor Cook noted that appointment of a board has now been made. Councilman Welburn also asked about the street vendor' s ordinance? Mayor Cook stated that it was not passed as an emergency item. If there is a com- mercial business within 100 feet, they cannot operate there, or if a business owner objected they could not operate in front of it. Councilmen Thomas and Welburn felt that everything was worked out, and they did not object. Mayor Cook noted that the ordinance will go into effect on August 15. Councilman Wilson requested that sale of the Lone Star Gas property be on the agenda in less than 60 days. City Attorney H. P. Hodge stated that he finds no cases on the Littlest Skyscraper. The City Council recessed at 12:25 P.M. The meeting reconvened at 1 :45 P.M. The City Manager discussed the proposed budget, stating that the budget message has been redesigned. _The budget is coming to the Council in the form of a current operation. The tax rate is proposed at 62.32 cents. Current is 69.53. Last year it was 74.64. Continuation of the step plan is plugged in, with approval of the department 1 f I1 Item 15a, cont'd. head. A four percent cost of living increase is projected. He has recommended 14 days vacation under ten years. The retirement package is not recommended to change from 30 percent updated service credits. The general fund is up 7.9 percent. We are weaning ourselves off revenue sharing. A ten percent increase is proposed in the expenditure level in the water and sewer fund. We have had a study on water rates. We could perhaps raise the hotel-motel tax to 7 percent. Police and Municipal Court are expected to go on computer at $550,000 each. Items 15c,d The City Council recessed into executive session at 2:20 P.M. , according to Article 6252-17, Section 2, Paragraphs (g) and (e) , of the Revised Civil Statutes. The meeting reconvened at 4:00 P.M. Moved by Councilman Thomas that Dr. Thomas Curran, Louise Hunter, and Charles Ward be reappointed to the Board of Trustees of Mental Health and Mental Retardation, and that Karen Kornell and J. B. Holt be appointed to that Board; all terms to expire July 31, 1987. Motion seconded by Councilman Palmer, and carried unanimously. The meeting adjourned at 4:05 P.M. PASSED AND APPROVED this day of 1985. Gar oo Mayor ATTEST: il'ma J. Thomas, CMC, City Cl erk