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Min 11/05/1985 65 Wichita Falls, Texas Memorial Auditorium Building November 5, 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 present. Gary Cook Mayor Charles Harper Charles Thomas Lindsey Walker Councilmen Craig Wilson James Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Bill Palmer Absent The invocation was given by Roger Dennis, Faith Lutheran Church. Item 3 i Moved by Councilman Wilson that minutes of the meetings held October 15 and 25, 1985 be approved. Motion seconded by Councilman Harper, and carried unanimously. Items 4a - 8g Items 5a, 5d, 6d, 6e, and 6g were moved to the regular agenda. Moved by Councilman Welburn that the consent agenda be approved. Motion seconded by Councilman Wilson. Item 4a Barbara A. Sapp, an employee of the Health Department, was honored as Employee of the Month for November. Mayor Cook presented her with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 12a Bids were considered for the purchase of two trolley type buses, pending UMTA approval . Moved by Councilman Wilson that the bid be awarded to Chance Coach, Inc. , pending UMTA approval , in the amount of $20,043.52 for the City' s cost. Motion seconded by Councilman Harper. Traffic Director Robert E. Parker noted that three bids were sent out, and only one was returned on time. Total cost of the buses is $286,336, with the State paying $37,223.68, and the Federal cost being $229,068.80. The motion was carried unanimously. 66 Item 5b ORDINANCE NO. 115-85 AN ORDINANCE AMENDING ORDINANCE 32-84, THE LANDMARK ORDINANCE, TO ADD DR. FANOUS' OFFICE (1411 9TH STREET) AND THE BERRY BROWN HOUSE (1400 TRAVIS AVENUE) AS WICHITA FALLS LANDMARKS Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 5c ORDINANCE NO. 116-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TEN (10) FEET WIDE UTILITY Y EASEMENT IN LOT 5-A, BLOCK 8, SOUTHMOOR ADDITION, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None ORDINANCE NO. 117-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE BLANKET UTILITY EASE- MENT ON LOT 1 , BLOCK B-1 , SCOTLAND GARDENS ADDITION, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 6a RESOLUTION NO. 158-85 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE AN EASE- MENT AGREEMENT WITH TEXAS ELECTRIC SERVICE COMPANY Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 6b RESOLUTION NO. 159-85 RESOLUTION TO APPROVE JOINT-FUNDING OF WATER MONITORING PROGRAM WITH U.S. GEOLOGICAL SURVEY Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 6c RESOLUTION NO. 160-85 RESOLUTION TO ACCEPT THE 1983-84 CDBG UTILITY IMPROVEMENTS PROJECT AND TO AUTHORIZE FINAL PAYMENT Ayes: Mayor Cook, Councilmen Harper, Thomas , Walker, Wilson and Welburn Nays: None Item 6f RESOLUTION NO. 161 -85 RESOLUTION TO APPROVE CONTRACT WITH THE FIRM OF CORLETT, PROBST & BOYD, INC. , CONSULTING ENGINEERS FOR THE INSPECTION OF SELECTED BRIDGES SPANNING HOLLIDAY CREEK WITHIN THE CITY OF WICHITA FALLS 67 Item 6f cont'd. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 7a RESOLUTION NO. 162-85 RESOLUTION TO AWARD BID FOR 1985 CDBG SANITARY SEWER IMPROVEMENT PROJECT Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson, and Welburn Nays: None Item 7b The bid for an estimated annual supply of paper towels and tissues was awarded to Pollock Paper Company, in the amount of $5,393.14. Ayes: Mayor Cook, Councilmen Harper,Thomas, Walker, Wilson, and Welburn Nays: None Items 8a-g Minutes of the meeting of the Landmark Commission held September 19, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Minutes of the meeting of the Landmark Commission held October 7, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Minutes of the meeting of the Civil Service Commission held September 23, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Minutes of the meeting of the Civil Service Commission held October 2, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Minutes of the meeting of the Planning and Zoning Commission held October 9, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Minutes of the meeting of the Planning and Zoning Commission held October 21 , 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker,Wilson and Welburn Nays: None 68 Items 8a-g cont'd. Minutes of the meeting of the Zoning Board of Adjustment held October 16, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 5a ORDINANCE NO. 118-85 AN ORDINANCE MAKING APPROPRIATIONS FOR THE PAYMENT OF AIRPORT DEBT SERVICE Moved by Councilman Harper that Ordinance No. 118-85 be passed. Motion seconded by Councilman Welburn. Assistant City Manager Edward Barrett stated that this was inadvertently left out of the budget. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 5d ORDINANCE NO. 119-85 ORDINANCE AMENDING SECTION 17-19 OF THE CODE ORDINANCES TO DEFINE THE CHARGE FOR SANITATION SERVICE FOR RETIREMENT FACILITIES; AND DECLARING AN EMERGENCY Moved by Councilman Thomas that Ordinance No. 119-85 be passed. Motion seconded by Councilman Wilson. Councilman Wilson wondered about a retirement home versus an apartment build- ing, and if we need to broaden the definition so that whether a person chooses to go under a commercial rate or something else, it will be on the same basis. Mr. Bonnett stated that the ordinance very clearly specifies that every resi- dent will be charged $6.00 per month. They have in some cases been charged this rate when there is no cooking done. If too many fall under the umbrella, they might have to come back for a rate increase for cash flow. He stated that this is the cleanest way we can accomplish this. Councilman Wilson was concerned about the consistency of being equal . Mayor Cook noted that this is something we may have to monitor very closely. Mr. Bonnett stated that there are three facilities which will be handled this way. He suspects that we will find others after this is adopted. Midtown Manor is being charged on a commercial basis. Councilman Walker was concerned about the possible inequity of this. He feels we should know how many there are. Mr. Bonnett stated that there are three. Mr. Bonnett stated that we will lose four or five thousand dollars with this change. In a year we will need to look at our rate structure. State regulations have increased our costs at the landfill . If we widen the umbrella, we would have to look at the cash flow. Mayor Cook stated that the Council does not want to subsidize a particular location. Councilman Thomas complimented Joe Leonard and Mr. Bonnett for catching these inequities. Councilman Harper noted that he did not participate in this discussion, nor would he vote on it because he is on the board of Midtown Manor. 69 Item 5d cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Walker, Wilson and Welburn Nays: None Item 6d RESOLUTION NO. 163-85 RESOLUTION TO APPROVE CONTRACT WITH CONSULTING FIRM FOR 1985-86 BUDGET UTILITY IMPROVEMENTS PROJECT Moved by Councilman Wilson that Resolution No. 163-85 be passed. Motion seconded by Councilman Thomas. Mr. Bonnett explained that this kind of work is very difficult and time ; consuming in regard to engineering services. He has asked his people to be very , aggressive in defining the scope of the work. Councilman Harper asked what ( Schedule B is for? Mr. Bonnett stated that it is where you go out across country. It does not figure in this. He also stated that the maximum total fee does not include additional services. The maximum in this contract is $40,000. The motion was carried by the following vote. I Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None — — — — — — Item 6e RESOLUTION NO. 164-85 RESOLUTION TO APPROVE CONTRACT WITH CONSULTING FIRM FOR 1985-86 RADY WATER LINE IMPROVEMENTS PROJECT Moved by Councilman Thomas that Resolution No. 164-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 6g RESOLUTION NO. 165-85 RESOLUTION AGREEING TO PARTICIPATE IN THE PURCHASE OF LAND AND APPROVING THE CITY MANAGER TO SIGN AN AGREEMENT TO CONTRIBUTE FUNDS FOR THE PURCHASE Moved by Councilman Thomas that Resolution No. 165-85 be passed. Motion seconded by Councilman Harper. Councilman Wilson stated that we are doing this prior to any public hearing, and this will be the reason he opposes it. Councilman Harper was of the opinion that public hearings were held ten years ago. Mayor Cook noted that this is the elevation of Interstate 44 down Broad and Holliday. Councilman Wilson was under the impression that public hearings would have to be held. Mr. Bonnett stated that he believed that environmental impact hearings will have to be conducted, even though other hearings had already been held. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker and Welburn Nays: Councilman Wilson 70 Item 9a A public hearing was opened on the application of Skylark Van Service, Inc. for a Certificate of Public Convenience and Necessity. Lera Dwyer, 4114 Lake Park Drive, stated that she wanted to carry passengers from place to place in the City of Wichita Falls. It would be non-scheduled service. She stated they wanted to pick up larger groups. Councilman Thomas noted that no one else provides this service. City Attorney, H. P. Hodge, asked if she had a reason for this request? Mrs. Dwyer stated that she had been approached by church groups, school children, and business groups to transport people from place to place. No one else desired to be heard, and the public hearing was closed. Item 9b A public hearing was opened on the paving of an alley East of Ivy Lane from North Glenhaven to North of Avalon. Charles Peters appeared as owner of the Cascade Apartments on Sheppard Access Road. He stated that these people were looking at a less expensive project, and he encouraged the Council to drop this project. He was not one of the petitioners for this project. Mr. Bonnett stated that the cost has gone up to $10.00 a foot. Mayor Cook noted that once the alley is in, there is a lot of maintenance, and it has to be properly designed. Councilman Walker mentioned that we have some other proposals in this area for alleys. Mayor Cook noted that if it were placed on the alley container program for the City's benefit, it would be used for trash pick-up, but not necessarily so if placed on the alley paving program. It would have to be funded 100 percent up front by the residents. The public hearing was closed. Joe Leonard stated that 15 feet would give them a problem for alley pick-up. He would be hesitant to state that it could be used. It would be higher to do the container program. The alley would have to be widened. RESOLUTION NO. 166-85 RESOLUTION PLACING AN ALLEY EAST OF IVY LANE FROM NORTH GLENHAVEN TO NORTH AVALON Moved by Councilman Harper that Resolution No. 166-85 be passed, adopting the alley paving program. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 9c A public hearing was opened on placing an alley between Talunar Lane and Kings Highway from Taylor to Polk. No one desired to be heard. David Zelanok stated that the property owners do not wish to participate because it will cost too much. Moved by Councilman Wilson that this be dropped from further consideration. Motion seconded by Councilman Harper, and carried unanimously. 71 Item 9d A public hearing was opened on placing an alley between Central Freeway and Red Fox North of Las Cruces Lane. Councilman Thomas asked if these people could do their own work? Mr. Bonnett did not recommend it at all . It is most cost effective, in his opinion to utilize stabilization effects. Councilman Walker asked if it is fair to say that alley paving is cost prohibitive to our citizens? Mr. Bonnett stated that alleys correctly done run $7.00 to 7.50 a foot, and other times it is running $18.00 a foot, or $9.00 a foot side. It depends on how bad someone wants to get their alley paved. Councilman Walker feels there should be some method to address this to make it cost effective for the homeowners. Joe Leonard stated that this will fit into the alley container program. i RESOLUTION NO. 167-85 RESOLUTION PLACING AN ALLEY BETWEEN CENTRAL FREEWAY AND RED FOX NORTH OF LAS CRUCES LANE Moved by Councilman Wilson that Resolution No. 167-85 be passed, placing it in the alley container program. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item lOa Discussion was held on various rezoning options for Brook Avenue. Mayor Cook noted that when the Zoning Ordinance was adopted, a rather undefined boundary for limited commercial was made. A request from Bernice Baker was made to zone it limited commercial . It was referred back to the Zoning Commission. Two lots were recommended as a definitive boundary. The residents feel this may not be adhered to in the future. We have three options. The Planning and Zoning Board has not reached a concensus. It will require all members of this Council to pass any of these options. If we fail to reach a unanimous consent on any of the options, it will have to remain as it is. Any future Council would have the prerogative to do what they wanted to do. If there is a definitive line, it would make it appear that is what was needed. Councilman Harper stated that he would vote against all three options, and propose a compromise. He stated that he would meet with both sides of this issue. He would propose to basically leave it like it is, and overlay the dis- trict with a special Zoning district, which would be two lots deep along Brook, and rezone back to two lots deep when it is platted into one lot. He does not know for sure whether we can do this or not. We would draw a line two lots deep along Brook. It could also apply throughout the city. Moved by Councilman Thomas that this matter be tabled. Motion seconded by Councilman Wilson, and failed by the following vote. Ayes: Councilmen Thomas and Wilson Nays: Mayor Cook, Councilmen Harper, Walker and Welburn Councilman Harper requested that the Planning and Zoning Commission come back to the Council with a special district along Brook two lots deep, with minimum setbacks and alley entrances for parking in Southland Addition. He asked that the Zoning Ordinance be amended to add a special district. If it is presently zoned single family 2, it would stay that way until both lots were platted into one lot. 72 Item 10a cont'd. Mayor Cook noted that Mrs. Baker's neighbor would be forced to sell only to the person who bought Mrs. Baker' s residence for a business, or to another person for a residence. Councilman Wilson asked what would be the difference in what he is suggest- ing and Option 3, and change the policy to limited commercial ? Councilman Harper replied that there would be probably nothing different, but the people are afraid that a policy statement would not last any longer than April . Councilman Wilson stated that it would be his desire to try to establish lines which would be less subject to change. He does not know how this overlay would be imple- mented. Councilman Harper stated that it would be 100 feet deep on both sides. This special district would give us the chance to say that this is where limited commerical stops, and single family 2 begins. It would put some kind of per- manence in there. Councilman Wilson stated that some kind of special district could allow the Staff to rezone it if certain criteria were met. Mayor Cook expressed caution about special districts for special neighborhoods. You would have them in other parts of town. Councilman Harper agreed that other parts of town would be affected. He believes this will allow people to know where the line will be drawn. He feels this is a win/win situation. This is a way to get them out of it, if we can do it legally. Roger McKinney stated that if you apply this overlay to the district to two lots, one will be single family, and one will be limited commercial . Councilman Harper stated that if we draw a border here it will allow them to decide anytime, whether it is today, or later. Mayor Cook asked if Legal and Planning can look into this request, and render an opinion on it, and come back with a recommendation? Mr. McKinney stated that they can look at it, but he is concerned about it legally. Zoning has to be done on comprehensive planning. Councilman Harper stated that com- prehensive planning could be changed. Councilman Walker stated that he would not vote for anything unless he had a better understanding than what he has now. He wants to be as fair as possible, but at this time he would have a problem voting on anything. Moved by Councilman Harper that this matter be tabled until such time as staff comes back with a recommendation or compromise along the line we have discussed. Motion seconded by Councilman Welburn, and carried unanimously. Item 10b ORDINANCE NO. 120-85 AN ORDINANCE REZONING 16.1 ACRES OF LAND FROM LIMITED AND GENERAL COMMERCIAL (LC AND GG) TO A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Moved by Councilman Wilson that Ordinance No. 120-85 be passed. Motion seconded by Councilman Welburn. Mayor Cook stated that this was tabled at the request of Mr. Steve Porter, the developer. Mr. McKinney stated that notices were sent out. There were four for, and four against, so it will take six votes to pass it. Some were opposed outside the 200 foot district. They were concerned about traffic and erosion caused by construction activities. As part of the condition, they required that a retaining wall be constructed. Councilman Wilson stated that they discussed that a bond be provided to make sure improvements are made. Mr. McKinney stated that they could provide a time frame for the retaining wall to be constructed. Councilman Harper asked if he could require a certain type of roof design to make it more attractive? He asked if we could approve development standards? Mr. McKinney stated that we can. They could require that the air conditioning units be enclosed. 73 Item 10b cont'd. Moved by Councilman Harper that the air conditioning equipment be enclosed on the ground to prevent sight and sound from getting to the Morningside area. This would be an attachment to the buffering and screening paragraph on the roof for ground level . Motion seconded by Councilman Wilson, and carried unanimously. Steve Porter, developer of this project, stated that they propose to place the air conditioning units on the roof. Each unit will have its own air con- ditioner. They will be low profile units. They also plan to plant trees as part of the screening and buffering, with these trees completely around the perimeter of the property. They plan to use a buff color flat pitch roof. The roof line is below the elevation of the property line. Doors will face to the West. The retaining wall itself will be the building. There will be a small entrance on the South side to a day care center. Mr. Porter stated that PUD allows flexibility in the site. He feels they (Mall in PUD guidelines. He stated that their project is for a public use ( facility. There will be no memberships, and something for all members of the ; family. It will be a Greco/Roman type architecture. He addressed the financial ability to maintain the project. Wichita Falls will be a prototype for this facility. He feels it is a real vitalization of this part of town. Lillian Goodson, 406 Morningside, stated that she is opposed to this in , her back yard. She understands that they would have a solid fence. Mayor Cook , stated that it requires a 6-foot wooden privacy fence. He emphasized that we , don't keep up private property, but we do require those things. Mrs. Goodson stated that she is also speaking for Mrs. Lee. Councilman Harper noted that she would be seeing the parking lot, and not the building. It was noted that the City approves the plot plan. There will be 200 feet of buffering between Mrs. Lee and the building. Mr. Porter expected the project to be completed in mid-July. Jim Collins, 2907 Sturdevant, stated that ten neighbors oppose it. Mr. , McKinney noted that there is 20 percent opposition, and will require six votes lof the Council . They can presently build anything in general commercial that ! is allowed. Mark Wilson, 3000 9th Street, stated that this land is in very poor con- dition now. The view is rather bad there now. He does not believe you can see the project they are going to build from the yards of Morningside. He stated that they would rather have this than a multi-unit residential area. He is in favor of the project. He understands that they will close Garfield Street. There will be less traffic this way than any other way. Bob Reed, Postmaster, 3107 5th Street, stated that they do not oppose this project, and feel this would be an enhancement to this area. He mentioned drainage, and asked if these problems have been properly addressed in the PUD to alleviate this in the future? Mr. McKinney stated that drainage requirements must be designed and installed prior to issuance of building permits. This will be adequately addressed in the platting process. Mr. Porter stated that they have a drainage engineer working on it, and they would be more than happy to have him consult with them. Mr. McKinney stated that they will submit a site plan, and they would make sure all these requirements are placed in the site plan. It will be monitored by the Planning Department and inspectors. They will not issue a certificate of occupancy until all of these things have been met. Councilman Harper stated that he is not the architect on this project, and he will be voting his conscience on it, and what is best for the City of Wichita Falls. The motion for passage of Ordinance NO. 120-85 was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None 74 Item 10c ORDINANCE NO. 121-85 AN ORDINANCE REZONING LOT 5-A, BLOCK 8, SOUTHMOOR ADDITION, WICHITA FALLS, TEXAS, FROM MULTI-FAMILY RESIDENTIAL (MFR) TO LIMITED COMMER- CIAL. (LC) ZONING DISTRICT Moved by Councilman Welburn that Ordinance No. 121-85 be passed. Motion seconded by Councilman Harper. Mr. McKinney noted that we do not have a 20 percent objection on this. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 10d ORDINANCE NO. 122-85 ORDINANCE AMENDING CHAPTER FIVE OF THE CODE OF ORDINANCES TO ALLOW A PET SHOP TO BE PERMITTED IN A SHOPPING CENTER OR MALL WITH ADDITIONAL SPECIFIC REQUIREMENTS Moved by Councilman Harper that Ordinance No. 122-85 be passed. Mot-ion seconded by Councilman Welburn. Toni DeSteffano, with the Humane Society, stated that on one occasion the owner abandoned the pets and shop. Dr. Cox stated that they would be inspected twice a year, and upon complaints. Since an abandoned place becomes a nuisance, they would get it cleaned up as soon as possbile. Nick Seitz, owner of Ye Old Pet Shops on Jacksboro Highway and Call Field Road, stated that they had no complaints from their neighbors. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item lOe Discussion was held on a proposed ordinance to allow roosters to be owned and harbored in Wichita Falls. A motion was made by Councilman Harper, for discussion, and seconded by Councilman Wilson. Bruce Martin, attorney representing owners of roosters, requested that roosters be allowed to be retained. He stated that they have a substantial amount of money invested. He requested that they allow a 75-foot setback, instead of 100 feet, or a setback of 50 feet if the neighboring owner agrees. He also requested a 12-foot pen size. Dr. Cox recommended that the Council not allow any other roosters to be permitted in Wichita Falls after the first of the year. An amendment was moved by Councilman Wilson that no permits be issued after January 1 , 1986. The motion was seconded by Councilman Welburn. Councilman Walker stated that we may be building up something that may not be equitable. We are not doing anything about the present situation. It seems that we have some inherent discriminatory problems. He does not see how we can live with these, but not any others. Dr. Cox stated that this ordinance was not his idea, but if they allow it, then he would suggest that no new permits be issued. 75 ( Item 10e cont'd. i Toni DeSteffano stated that they receive calls about the rooster nuisance. She recommended leaving the ordinance as it is, and prohibit the keeping of roosters. Bruce Martin stated that you can eliminate a lot of nuisances, but this was allowed in the past. It is not illegal to raise fighting birds in Texas, but it is illegal to fight them, but it is not illegal in other states. The motion for the amendment was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Wilson and Welburn Nays: Councilman Walker The ordinance, as amended, failed by the following vote. Ayes: Councilman Wilson Nays: Mayor Cook, Councilmen Harper, Thomas, Walker and Welburn Item 10f ORDINANCE NO. 123-85 AN ORDINANCE AMENDING ORDINANCE 63-85 TO CLARIFY THE DEFINITION OF A NUISANCE TO INCLUDE CROWING OR OTHER NOISES Moved by Councilman Harper that Ordinance No. 123-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item lOg ORDINANCE NO. 124-85 ORDINANCE AMENDING THE ANIMAL CONTROL ORDINANCE TO REDUCE THE NUMBER OF SQUARE FEET OF SPACE REQUIRED FOR EACH FOWL, AND REDUCE THE DISTANCE SETBACK REQUIRED TO THE NEAREST RESIDENCE: ALSO TO EXEMPT PET SHOPS FROM THESE SPECIFIC REQUIREMENTS Moved by Councilman Harper, for discussion, that Ordinance No. 124-85 be passed. Motion seconded by Councilman Wilson. Nick Seitz recommended that pet shops be exempted. Discussion was held on pen size. Dr. Cox stated that he knew of no compelling reason to change it from 10 to 12 feet per fowl . John Lankford stated that they exercise their roosters. He clarified that they will not get to keep their roosters. An Amendment was moved by Councilman Wilson to change the wording of the ordinance from 12 to 10 feet. Motion seconded by Councilman Welburn, and carried unanimously. The ordinance, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 10h ORDINANCE NO. 125-85 ORDINANCE AMENDING ORDINANCE NO. 63-85 TO ALTER DEFINITION OF FOWL ALLOWING EXOTIC BIRDS TO BE KEPT WITHIN A RESIDENCE OR BUSINESS WITH- OUT REQUIRING A PERMIT 76 Item lOh cont'd. Moved by Councilman Welburn that Ordinance No. 125-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item l0i Discussion was held on a proposed ordinance to change the definition of wild animal . A motion was made by Councilman Harper, and seconded by Councilman Welburn for its passage. Nick Seitz stated that they have had no complaints about snakes, nukes, ssalamanders , and lizzards. He suggested that they be removed from the ordinance. Councilman Harper asked about the last sentence excluding domesticated creatures? Dr. Cox was also concerned about this. He feels it should stay as it is. Toni DeSteffano stated that they have had calls about snakes being abandoned in apartments. She mentioned three bears and a 300-pound African lion in Wichita Falls, Also, cougars in Electra attaked a Doberman. Al Bartlett appeared as owner of Coral Reef Pet Shop. He stated that a Boa was born in captivity. He questioned the definition of born in the wild. Don Steed, owner of Pet Connection, asked the Council to consider the defini- tion of a wild animal . Don Bennett appeared as owner of a zoo in Archer County. He stated that he has had a chimpanzee and monkeys for a long time. He supports this amendment. Dr. Cox asked Mr. Bennett if he did not have a chimp who bit some people? Mr. Bennett stated that it was another chimp. Mrs. Bennett suggested a size limita- tion, stating that she does not believe in having bears, lions, cougars, and bob- cats in town. She favors the amendment. Dr. Cox stated that he is opposed to removing the portion of the definition that says it is of the species which is wild, and can be normally found in the wild state. Councilman Welburn stated that it is probably not valid to categorize dober- mans as wild. Moved by Councilman Wilson that this ordinance be tabled for clarification. Motion seconded by Councilman Harper, and carried unanimously. Item 10j ORDINANCE NO. 126-85 ORDINANCE TO AMEND ORDINANCE 63-85 TO INCLUDE PET SHOPS AS AN EXCEPTION TO THE DEFINITION OF A KENNEL Moved by Councilman Harper that Ordinance No. 126-85 be passed. Motion seconded by Councilman Welburn. Councilman Wilson asked if the definition of a kennel is clear enough? What would prevent a kennel from coming in saying he wants a pet shop license? The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None 77 Item 10k Discussion was held on an ordinance to include fish in the definition of a pet shop. Nick Seitz felt that fish should be included because tropical fish stores are not being inspected. After a motion and second to include tropical fish, the ordinance failed unanimously. Item 101 ORDINANCE NO. 127-85 ORDINANCE AMENDING ORDINANCE 63-85 ALLOWING MODIFICATION OF CAGE SIZE FOR PUPS, SMALL DOGS AND KITTENS IN PET SHOPS Moved by Councilman Welburn that Ordinance No. 127-85 be passed. Motioned seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None , Item 10m i ORDINANCE NO. 128-85 ORDINANCE AMENDING ORDINANCE 63-85 TO REDUCE THE SETBACK OF ENCLOSURE HOUSING RABBITS FROM 100 FEET TO 50 FEET TO THE NEAREST RESIDENCE OTHER THAN THE RESIDENCE OF THE OWNER/HARBORER; ALSO, REMOVING GUINEA PIGS AND FERRETS FROM THIS SECTION Moved by Councilman Welburn that Ordinance No. 128-85 be passed. Motion seconded by Councilman Walker, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item lOn ORDINANCE NO. 129-85 ORDINANCE AMENDING ORDINANCE NO. 63-85 TO REDUCE THE DISTANCE REQUIRE- MENT FOR KEEPING OF FOWL, RABBITS, GUINEA PIGS, OR FERRETS FOR COMMERCIAL PURPOSES FROM 100 FEET TO 50 FEET FROM ANY RESIDENCE OTHER THAN THAT OF THE HARBORER' S Moved by Councilman Welburn that Ordinance No. 129-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item l0o Discussion was held on a proposed ordinance to allow pet shops to give pets as prizes. A motion was made by Councilman Welburn, for discussion, and seconded by Councilman Harper. Councilman Welburn asked Dr. Cox for his rationale, stating that he has some heartburn on this . Dr. Cox stated that pet shop owners feel they should be able to offer an animal for a prize, just from that shop. Councilman Welburn feels a person would be much more likely to accept and abandon a pet which was given to them. If he had an investment in it, he is much more likely to care for it. 78 Item 10o cont'd. JoAnn Davis stated that most of the animals they get at the Humane Society are impulse buying. She would much rather a pet store give a gift certificate than an animal . Nick Seitz favors giving away an animal if they want to. Council- man Welburn has reservations about giving away a live animal . Bill Hughes, 4F Pet Shop on Kemp Street, suggested that if a person did not want the animal they could make a mandatory provision that the pet shop would buy it back at wholesale. Linda Tingle stated that if a person does not want a pet, they should not sign up for it. Pet shop owners should be free to give away a pet if they want to. The motion failed by the following vote. Ayes: Mayor Cook, Councilmen Thomas and Wilson Nays: Councilmen Harper, Walker and Welburn Item lOp ORDINANCE NO. 130-85 ORDINANCE AMENDING ORDINANCE 63-85 TO PROTECT A HUMANE SOCIETY AGENT ONLY WHEN IN THE PRESENCE OF, AND ASSISTING, THE ANIMAL CONTROL OFFICER AND TO PROTECT A HUMANE SOCIETY AGENT PERFORMING HIS/HER DUTIES AT THE ANIMAL RECLAIM CENTER Moved by Councilman Thomas that Ordinance No. 130-85 be passed. Motion seconded by Councilman Welburn. Councilman Walker asked about protecting from interference, and what do they need protection from? Dr. Cox stated that when they are doing investiga- tions they have no protection. At sometimes people become pretty abusive, at least verbally. Councilman Walker asked how they differentiate which is which? Toni DeSteffano stated that when they are with the animal control people, it is at their request. Linda Tingle asked if the Humane Society has the right to go on private property except for abuse? Mrs. DeSteffano stated that they do not go on private property without a warrant. The City Manager stated that Animal Control can go on private property in some cases. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas and Walker Nays: Councilmen Wilson and Welburn The Council meeting recessed at 1 :17 P.M. ; and resumed at 2:10 P.M. Mayor Cook recognized William Harralson and Lou Owen, convention consultants. Dr. Harralson presented a report. He stated that the objective of this study is to evaluate the needs of convention facilities in Wichita Falls. With regard to major findings, it is their opinion that the City of Wichita Falls lacks conven- tion facilities to attract major spectator events. New convention facilities will be required. If the City of Wichita Falls wishes to compete for the convention market, and a better facility for local spectator events, a new facility is warranted. Sites were evaluated, and have been ranked according to the criteria given in the best interest of the project. The first site recommended is South of the Cruse property. Second is on the North side, and third, fourth, and fifth are in the downtown area. The Riverwalk area would be most desirable if it comes to pass. They feel it would be a million dollar project. In terms of the economic impact they have estimated it at 15 million dollars, and a 25-month construction period for 200 workers. Councilman Harper stated that it looked like a very comprehensive report. The riverwalk and convention center were not tied together. He would like to see them add to their report; What if we do tie them together, and what would happen if we did? 79 Convention Consultants cont'd. Mr. Harralson stated that they have concurred that three things will make that site work; We would have to assume that the riverwalk happens; Is the riverwalk plan flexible enough to accommodate it? They estimate they will need 26 acres, ! assuming one-story parking; Solving the problem of ingress and egress. Mr. Owen stated that they should not plan to piggyback their parking with another attrac- tion. Mr. Owen described the recommended concept. It must be multi-purpose. It would have a seating capacity of 8500, with telescoping seats. Mayor Cook ques- tioned whether 8500 seats would be adequate. Mr. Owen feels this would be a good average at this time. Mayor Cook stated that the worst thing we could do is to ; work on a facility that is too small , as well as one that is too big. He further noted a turn-around in this city of several years ago in the interest of some of ; our citizens in desiring to build a convention center. Councilman Harper noted that trade shows are the fastest growing entities in ! conventions. Mr. Owen agreed. He noted trade shows such as White's Home and ' Auto, Bell Helicopter, etc. Mr. Harralson stated that trade shows could be like exhibitors -- combination of trade show and seminars. Mr. Owen stated that our present facilities should continue to operate. The new facility would be for a higher usage. Mayor Cook asked if the new facility ! could not be designed so that you don' t heat and cool the portion that is not being , used? Both Mayor Cook and Councilman Harper feel that city offices could be re- located to the Activities Center, and some of the other activities moved to this building. They agree that two facilities can exist. Mr. Harralson stated that they could have the report to them by November 15. l Item l Oq ORDINANCE NO. 131-85 AN ORDINANCE MAKING AN APPROPRIATION FROM THE BOND INTEREST MONIES OF THE WATER AND SEWER FUND TO THE ACCOUNT NUMBERS LISTED BELOW AND DECLAR- ING AN EMERGENCY Moved by Councilman Wilson that Ordinance No. 131 -85 be passed. Motion seconded by Councilman Welburn. Chief Accounting Officer, Fred Werner, stated that this is accumulated interest income money. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item lla RESOLUTION NO. 168-85 RESOLUTION TO AWARD BID FOR CONVERSION OF LOW RATE TRICKLING FILTER TO SLUDGE BEDS Moved by Councilman Harper that Resolution No. 168-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None 80 Item llb RESOLUTION NO. 169-85 RESOLUTION APPROVING SETTLEMENT OF TAX CASE WITH FORD MOTOR CREDIT COMPANY Moved by Councilman Welburn that Resolution No. 169-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item llc RESOLUTION NO. 170-85 RESOLUTION APPROVING PARTIAL RELEASE OF EASEMENT FOR HIGHWAY AND LAKE ARROWHEAD TRANSMISSION PIPELINE ACROSS RODDY LAND IN ARCHER COUNTY, TEXAS Moved by Councilman Thomas that Resolution No. 170-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item lld RESOLUTION NO. 171-85 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR THE 1985 BUDGET UTILITY IMPROVEMENTS PROJECT Moved by Councilman Wilson that Resolution No. 171-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Walker, Wilson and Welburn Nays: None (Councilman Harper was out of the room. ) Item lle RESOLUTION NO. 172-85 RESOLUTION PLACING AN ALLEY ADJACENT TO RED FOX RUNNING FROM LYNWOOD EAST PARK TO THE SHEPPARD AIR FORCE BASE ACCESS ROAD ON THE ALLEY CON- TAINER PROGRAM Moved by Councilman Thomas that Resolution No. 172-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Walker, Wilson and Welburn Nays: None (Councilman Harper was out of the room. ) Item llf RESOLUTION NO. 173-85 RESOLUTION ACCEPTING THE STATE OF TEXAS HIGHWAYS AND PUBLIC TRANSPOR- TATION COMMISSION'S OFFER TO MODIFY THE EXISTING CONTRACT TO FINANCE BARNETT ROAD 81 Item llf cont'd. Moved by Councilman Thomas that Resolution No. 173-85 be passed. Motion seconded by Councilman Welburn. Councilman Thomas noted that we owe Jimmy Stacks a word of thanks for getting this done. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Walker, Wilson and Welburn Nays: None (Councilman Harper was out of the room. ) Item 13a Moved by Councilman Wilson that Arts Commission grants be approved, as follows. a. Wichita County Heritage Society - $5,626 b. Wichita Falls Backdoor Players, Inc. - $7,500 c. Civic Chorus of the Greater Wichita Falls, Area, Inc. - $3,300 d. Wichita Falls Ballet Theatre - $7,500 e. Wichita Falls Symphony Orchestra, Inc. - $7,500 f. Wichita Falls Area Fire and Police Museum, Inc - $3,000 g. Red River Lyric Theatre - $7,500 h. Midtown Fine Arts League, Inc. - $1 ,960 i . City of Wichita Falls (Lighting and Maintenance of Sugarman Sculpture) - $1 ,114 Motion seconded by Councilman Welburn, and carried unanimously. , Item 13b Councilman Wilson asked how we are handling our mileage charges on city vehicles? He was told they would be charged on a mileage basis because of book- keeping convenience, and at the end of the year the mileage would be adjusted on an actual cost. Mr. Barrett stated that at the end of the year they go back Ito actual charges for the previous year, and they estimate the next year's charges on that. He stated that we are talking about giving all vehicles to Central Garage, and tracking the cost of each. Councilman Wilson stated that he does not believe the department heads have the information they need to make management decisions. Mr. Barrett stated that it is very difficult to come up with that kind of system. Mayor Cook asked if this system is trackable, and is it being utilized? Mr. Barrett stated that it is trackable now with the computer in Central Garage. He can tell them what it is beginning with May of this year. Councilman Wilson was of the understanding that when individual cars were assigned, that information would be available at the end of that budget year. Sam Francis asked about the Appraisal Board, the City tax office, and the County and State tax office. Mayor Cook noted that the City appoints two representatives to the Board. The School appoints two, also. The County appoints one, etc. That Board itself is automous under the State statutes to govern the activities of that board. Mr. Francis stated that the tax assessor came up with taking eight feet off his lot. Mayor Cook noted that perhaps they are not appraising that eight feet. They cannot take it off. Councilman Wilson asked if it is a question of ownership? They are charged with sending the tax bill to the party that they think is responsible. That does not change his rights at all . Mr. Francis wants them to change their records on that one tract. Mayor Cook noted that the City and Appraisal District had no involvement on property boundaries. He suggested that Mr. Francis go back to his attorney and get him to clarify the Court action. The City Council has nothing to do with the Appraisal District. It would be a matter for that body to take up, as opposed to this body. The Mayor suggested that he get a title attorney and research the Court records to get it clarified. Item 13c The City Council recessed into executive session at 3:50 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 5:10 P.M. 82 Item 13d Moved by Councilman Thomas that the following board appointments be approved. a. Mayor' s Commission on Status of Women - Patricia F. Watson, term to to expire September 30, 1987 b. Plumbing Advisory Board - Floyd J . Woodard, term to expire July 1 , 1986 Motion seconded by Councilman Welburn, and carried unanimously. Item 13e RESOLUTION NO. 174-85 RESOLUTION APPROVING SETTLEMENT OF CONDEMNATION CASE WITH BURLINGTON NORTHERN RAILROAD CONCERNING TRANSFER STATION SITE. Moved by Councilman Walker that Resolution NO. 174-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None Item 13f RESOLUTION NO. 175-85 RESOLUTION APPROVING AGREEMENT WITH INTERFIRST BANK WICHITA FALLS CON- CERNING CERTIFICATES OF DEPOSIT ISSUED UNDER 1983-1985 DEPOSITORY CONTRACT Moved by Councilman Welburn that Resolution No. 175-85 be passed, by adding the phrase "without penalty for early withdrawal " following the word "deposit" in the last line. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Wilson and Welburn Nays: None The City Council adjourned at 5:20 P.M. PASSED AND APPROVED this 1%1�(A ay of �� �� 1985. Ga ' I. . -ok, Mayor ATTEST: Wilma J. Thomas, CMC, City Clerk