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Min 02/04/1986 159 Wichita Falls, Texas Memorial Auditorium Building February 4, 1986 Items 1 & 2 The City Council of the City of Wichita Falls, Texas , met in regular isession on the above date in the Auditorium of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. I Gary Cook Mayor Charles Harper Charles Thomas Lindsey Walker Councilmen Bill Palmer 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 The invocation was given by Councilman Wilson. Item 3 Moved by Councilman Thomas that minutes of the meeting held January 21 , 1986, be approved. Mayor Cook noted that in Item 13b there may have been some points of discussion overlooked pertaining to consideration of the price of land. Mrs. Thomas will review the tape for this information. Motion seconded by Councilman Palmer, and carried unanimously. Items 4a-8a Moved by Councilman Welburn that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4a Jeanie Thompson, an employee in the Legal Department, was honored as Employee of the Month for February. Mayor Cook presented her with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 5-86 AN ORDINANCE MAKING AN APPROPRIATION FROM VARIOUS FUNDS FOR THE HOLLIDAY CREEK PROJECT Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 5b ORDINANCE NO. 6-86 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A UTILITY EASEMENT IN BLOCKS 1 & 2, SIKES ESTATES UNIT 1 , SECTION G, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None 160 Item 6a The bid for hand tools and miscellaneous supplies for Public Utilities was awarded to Cessco Sales and Rentals in the amount of $5,563.25, for auto tools; to Hornsby Hardware in the amount of $5,857.28, for other tools; and to Hornsby Hardware in the amount of $8,367.14, for miscellaneous. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 6b The bid for two 30-ton liquid carbon dioxide storage tanks for Cypress and Jasper Water Plants was awarded to Liquid Carbonic Carbon Dioxide Corporation in the amount of $92,000. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 6c The bid for the city' s annual supply of vehicle filters was awarded to Stewart and Stevenson in the amount of $29,533.32. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 6d The bid for a portable air compressor for Water Distribution was awarded to Cessco in the amount of $8,297. Ayes; Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 6e The bid for the City's estimated annual requirements of oil and grease was awarded to Grozier-Mann Oil Company in the amount of $36,063.40. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 6f The bid for three solid waste transfer trailers was awarded to Peerless in the amount of $110,490. City Attorney H. P. Hodge stated that he got a call from one of the bidders about a specification, and whether it had been met. He stated that apparently it does meet specifications. He feels that it is perfectly proper to go ahead, and accept this bid. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Items 7a-e Minutes of the meeting of the Youth Activities Advisory Council held January 6, 1986, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Minutes of the meetings of the Planning and Zoning Commission held January 8 and 15, 1986, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None 161 Items 7a-e, cont'd. I jMinutes of the meeting of the Zoning Board of Adjustment held January 15, 1986, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None j Minutes of the meeting of the Building Board of Adjustments and Appeals ; held January 16, 1986, were received. I j Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Y Y p Welburn Nays: None Item 8a Refund of taxes paid twice was approved as follows. 1 . C. A. Muehlberger - $543.20 2. North Texas Savings - $515.75 3. First Federal Savings - $514.50 4. First Federal Savings - $651 .55 5. North Texas Savings - $401 .04 6. First Federal Savings - $15,352.85 7. Guillermo Pino - $1 ,016.23 8. Donald L. Seale - $504.40 9. Frances Gunn - $627.69 10. Lantern House - $927.33 11 . Dorothy Ferguson - $1 ,861 .14 Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 9a A public hearing was opened on hazardous structures. ORDINANCE NO. 7-86 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY Moved by Councilman Harper that Ordinance No. 7-86 be passed. Motion seconded by Councilman Palmer. The first hearing pertained to repairable structures. Mrs. 0. V. Champion, sister of Mrs. Ward, 612 Barwise, stated that the house is being vandalized and destroyed by people. Much of the inside is being taken out. It was sealed up because of this. She has talked to people about doing the repairs. She would like to have time to get more than one estimate. The building has been secured. It will take longer than 30 days. Councilman Walker asked what has been done to keep people from continuing to have the property removed, and if they are hauling off the property now, what will keep them from hauling off the new material ? Mayor Cook also noted that the property has to be secured. He noted that when it reaches the Council they know that it has been some time since the house has needed repairs. He further noted that as long as they are actively working on it, the Code Enforcement staff will work with them. He urged her to work with Code Enforcement, and make necessary repairs, so that it will not be moved into the demolition group. Mary Jo Meeks, 1612 Tilden, stated that she has secured someone to make repairs. Mayor Cook urged her to work with Code Enforcement people in making the necessary repairs. 162 Item 9a, cont'd. Amy Catlin, 1614 Tilden, appeared in regard to the property at 1612 Tilden, stating that she has been here eleven years. This property has been lived in for about eight years. She has seen nothing done to this property except raking the yard. Mrs. Catlin stated that she talked with Code Enforcement four years ago. She would like to see this property either cleaned up or demolished. Mayor Cook stated that it is their intention to have it cleaned up. She believes it to be a health hazard. Roland Marchand, 1401 Burnett, stated that he was not the owner of this property when it was written up. He stated that he needs money to fix it up. He also needs six months to make the repairs. Jim King, Code Enforcement, stated that the tenants had complained about the building. It needs major repairs. It has electrical and plumbing problems. It can be repaired. In his opinion, it would be almost cost prohibitive to bring it back to a multi-family use. There is no ceiling between an upstairs shower. Water is coming through. You can look up and see the shower above. The photos were taken January 16. It was not secured then, nor is it now. The garage apartment in the rear is in approximately the same condition as the front structure. Mayor Cook asked when the structure was originally cited? Mr. King stated in September 1985. There was another owner at that time. Since this time, Mr. Marchand has repossessed the property. Mayor Cook stated that as a result of the video and Code Enforcement statement, Mr. Marchand cannot wait six months to repair it. We will have to require repairs to begin immediately. Failure to do so would cause further deterioration, and it would be moved toward demolition. Mr. Marchand stated that he took it back January 7. He stated that it is secure right now. He might have an opportunity to sell it to someone else. He needs more time. Mayor Cook stated that if it is secured, and he is in the process of making repairs, the Code Enforcement Department is usually lenient with him. If repairs are not being carried out in a prompt manner, it will be moved to demolition. Councilman Harper asked Mr. Marchand to work with Mr. King on this. The public hearing was moved to the structures to be demolished. Lloyd Headley, for Ruby Mae Headley, property at 2108 Burnett, home address of 1018 Marconi , stated that he would like to repair the house. It needs a front porch, windows, and work done on the top of it. It will take six months to do it. It also needs to be painted. Jim King, of Code Enforcement, stated that the first report was written on this on May 21 , 1985. It is the opinion of Code Enforcement that the property should be demolished. It is not in any condition to be repaired. They have had a difficult time in communicating the nature of the problem, and the severity of it. The house does not have a foundation. The roof is caving in. The property has also been vandalized. Mayor Cook noted that he has received a citing of the structure which lists deficiencies. The value of the repairs exceed the value of the structure. Code Enforcement has recommended that it be demolished. If it is not removed in 30 days, the property owner would have to pay the cost of demolishing it if the Council does not remove it from the list of buildings to be demolished. Councilman Thomas asked who signed for the registered letter? Jim King stated that it was Lloyd Headley, in June 1985. Nothing has been done to the structure since January 16. Mayor Cook noted that the structure will remain on the ordinance. He cautioned Mr. Headley to visit with Code Enforcement on extent of repairs. Failure to remove the structure will cause the City to remove it, and he will have to pay for it. Mayor Cook noted that since May 21 , 1985, opportunities have existed to make repairs to this building. The structure does present a hazard, along with people getting into it and living in it. It constitutes a hazard to the community. He also received a letter in January to appear before the City Council . The Council does not feel it is in the best interest of the community to allow the structure to remain. Lee Kelly, 412 Woods and 907 Marconi , stated that 412 Woods is in the process of being completed. He stated that a permit has been obtained on 907 Marconi to repair it. He stated that he is a retired carpenter, and he has more time to work on his own property now than before. The permit was revoked in January. He got another one a few days ago to go ahead. It is in the process now of being repaired. Mayor Cook stated that they requested information on the structure at 907 Marconi as a result of a visit to his office two weeks ago. He has been looking at it, and he does not believe they have changed their opinion in the last two weeks. 163 Item 9a, cont'd. Jim King stated that this structure had an extensive fire in 1983. The Fire Department said it could not be repaired. It was brought to the Council in September 1985, and it was determined that it was not repairable. Mr. Kelly has since purchased the property, and they had to start the proceedings fall over. Mr. King stated they do not believe the property can be repaired, but should be demolished. Mr. Kelly stated that they removed the charred damage last week. Mayor Cook asked what is holding the roof up, stating that the inside of the house is pretty well demolished, and it could cause the ( structure to collapse. Councilman Walker stated that he visited the property 30-45 days ago. The property was in extremely bad condition. It was open, and he is concerned about the people in the community, as well as it being cost prohibitive in repairing it. It would be very hard and costly to be repaired. Mr. Kelly stated that it will just take more time and money. Councilman Thomas noted that it was placed back on the Council meeting because of a change in ownership. It was on the Council meeting last September. Councilman Thomas asked if all of his properties have been repaired in the last couple of years? Mr. Kelly stated that they are in the process of being repaired. Councilman Thomas noted that the property on Woods Street appeared on the Council agenda in 1980. Mr. Kelly stated that he lost $45,000 in potential properties in 1984. Councilman Wilson noted that what Mr. Kelly does is try to circumvent what Code Enforcement is trying to do. This is not the first time. He has the responsibility, and he knew before he purchased the property, what condition it was in. This is 20, 25, or 30 times he has been before the Council . Mayor Cook stated that the property was tagged and scheduled for removal when the property was purchased. He is not sure how a permit was issued. Planning Director Roger McKinney stated that a permit was issued, but it should not have been. Anytime property is condemned, they now provide a list of those properties to Inspection so that it will not happen again. The permit was issued in error. Councilman Harper asked how we can prevent this from happening? City Attorney H. P. Hodge stated that he understands the ordinance is filed for record in the County Clerk' s office, and that puts the property owner on notice, and he would not have to require a hearing before the Council . Notice has Ito be given to the owner. If it is sold during the time after the owner receives notice, and the hearing, then it may be a problem. Mr. McKinney noted that there can also be a short wait in the time the ordinance is adopted and placed on file, and the property owner could also change during this time. Mayor Cook stated that Mr. Kelly has appeared before the Council many times on many properties, and we have demolished several of his, but he would hope that he would take those lots that are now cleared, and build a new structure on them, and let us clear the other structures. He does not leave the Council much choice. This ordinance calls for the removal of these structures within 30 days. The Council does not desire to remove them from this ordinance. Jim King stated that this property has been replatted since the fire. The official address is 412 Woods, and alsoknown as 404-A Woods. Mr. Kelly is calling it 408 Woods, but it is the same structure. Mayor Cook cautioned Mr. Kelly about making any more repairs because it has to be removed in 30 days. He encouraged him to work on some of the other properties which have been cleared. He also urged him to work with Code Enforcement to assure that he is making the necessary repairs in the time allotted. It appears that he has far too many structures to make the necessary repairs. These two structures will have 30 days in which he can remove them, or the City will remove them for him. Planning Director Roger McKinney stated that he just wanted to make sure that Mr. Kelly understands that if these structures are not removed in 30 days, the City will remove them. Councilman Palmer noted that Mr. Kelly has also purchased the property at 1405 Gladiolus, which is also on the list to be demolished. Mayor Cook asked Mr. Kelly when he legally acquired this property? Mr. Kelly stated that it was on January 10, 1986. 164 Item 9a, cont'd. Jim King stated that the structure was originally written up in December 1984. There was no response from the owner. They have attempted to try to get some repairs, but have been unsuccessful in getting this done. It has been on two other contracts. We need to get it disposed of. Mayor Cook stated that 13 extensions have been granted from December 1984 to January 1986. He asked Mr. Kelly how many other pieces of property he has purchased, and Mr. Kelly stated none. Jim King stated that Riley Henderson advised that he would not be able to repair it, and they cancelled all extensions. Mayor Cook asked for Mr. Hodge' s advise, stating that apparently the owner and realtor were advised that is was on the list. Mr. Hodge stated that between the City and Mr. Kelly, if he was not notified and given an opportunity to present his side of the story, and they did not have notice otherwise from Mr. Henderson, or anyone else, then he thinks we may have to start over. The time between notice to the property owner is given, and the action of a hearing, needs to be plugged. Mayor Cook is concerned about how long we can let these things go on. Filing it with a title company would prevent closing of the property. Mr. Hodge stated that we don't file a notice with the County Clerk until after the ordinance is passed. A tag is placed on the structure at the time notice is given. Mr. Hodge stated that if there was a notice on the property that it was being condemned, then that would be sufficient notice. He is on notice of anything filed in the Courthouse, or anything that a physical or visual inspection would reveal . Mayor Cook stated that it would be Mr. Kelly' s responsibility to contact the City on what he saw with the tag. Mayor Cook stated that this structure would also be demolished in 30 days. No one else desired to be heard, and the public hearing was closed. The motion for passage of Ordinance No. 7-86 was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Mayor Cook requested that the City Attorney explore the title aspect, and in regard to a pending sale, require the owner to check with the City. Item l0a ORDINANCE NO. 8-86 ORDINANCE TEMPORARILY WAIVING THE 30 MPH SPEED LIMIT FOR OHIO, INDIANA, AND SCOTT STREETS BETWEEN 4TH AND 12TH STREET FROM 6:00 AM TO 6:00 PM THE 13TH OF APRIL 1986 FOR THE PURPOSE OF CONDUCTING THE TEXHOMA TWISTER STREET SOLO Moved by Councilman Welburn that Ordinance No. 8-86 be passed. Motion seconded by Councilman Palmer. Three men presented information on this sporting event, explaining the street solo. Last year there were 18 locally organized street solos nationwide. He expects the support to grow. They requested permission to run this sport. It will be joined by other clubs. It is sponsored by Robert Woodson Lincoln- Mercury. They expect entries from many other cities. Safety is their main concern. Councilman Palmer asked where the spectator areas would be located? It was explained that they would be in intersections, at each end of the track. Streets will be barricaded for this event. Pedestrian traffic will also be eliminated. Mayor Cook confirmed that the event is sponsored by the Main Street Project, BCI , etc. They have also taken out a million dollar insurance policy. Councilman Palmer asked if there is anyone present who would be opposed to it? None were. Scott, Indiana, and Ohio would be blocked off from 4th to llth Streets, on Sunday, April 13, 1986. The motion was carried by the following vote. 165 Item 10a, cont'd. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 10b ORDINANCE NO. 9-86 ORDINANCE ESTABLISHING CHAPTER 20, SECTION 25 OF THE CODE OF ORDINANCES TO PROHIBIT AN INDIVIDUAL FROM LOITERING IN OR ADJACENT TO A PUBLIC PLACE FOR THE PURPOSE OF INDUCING, ENTICING, SOLICITING, OR PROCURING ANOTHER TO COMMIT AN ACT OF PROSTITUTION Moved by Councilman Harper that Ordinance No. 9-86 be passed. Motion seconded by Councilman Wilson. Mayor Cook stated that this ordinance has been enacted by other cities, and has been upheld by the Supreme Court of the State of Washington. It further gives the police department authority and enforcement of eliminating pros- titution. Councilman Walker asked Chief Harrelson about the difference in this ordinance, and what is now on the books? Chief Harrelson was not sure of the ordinance he mentioned, except failure to maintain locomotion, which has been questionable. What this ordinance controls is the girls standing on the corners, and flagging down the cars. We have a state law on prostitution. Councilman Welburn noted two errors in spelling in this ordinance, namely, "repreatedly" and "waiving" of arms. Councilman Walker read Section 31-49 from the Code of Ordinances, noting that this deals with vehicles. This ordinance addresses waving or stopping a vehicle. Chief Harrelson stated that this ordinance will allow us to take those girls off the street, and file charges. Councilman Walker asked about safeguards to prevent false arrest? Chief Harrelson explained that this would allow the officer to approach her and inquire of her intentions. He cannot now approach her. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item lOc ORDINANCE NO. 10-86 ORDINANCE ESTABLISHING AN INTERNAL SERVICE FUND FOR THE PURPOSE OF PROVIDING FOR FUNDING THE OPERATION, MAINTENANCE, AND REPLACEMENT OF THE CITY'S VEHICLE AND EQUIPMENT FLEET Moved by Councilman Palmer that Ordinance No. 10-86 be passed. Motion seconded by Councilman Thomas. Councilman Wilson stated that he has been working on this for some time, and he is pleased to see it. He believes it will address some of our problems. Mayor Cook expressed the Council 's appreciation for the staff' s work on this. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None 166 Item 10d ORDINANCE NO. 11-86 AN ORDINANCE REZONING ONE HUNDRED (100) FEET ON EITHER SIDE OF BROOK AVENUE, BETWEEN HUFF AVENUE AND THE EAST-WEST ALLEY OF BLKS 61 & 62, SOUTHLAND ADDITION FROM SF-2 & LC TO BROOK AVENUE DISTRICT; AND ADDING THE BROOK AVENUE DISTRICT REGULATION TO THE ZONING ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS Moved by Councilman Harper that Ordinance No. 11-86 be passed. Motion seconded by Councilman Welburn,. Councilman Wilson questioned the 30-foot setback, stating that the street is 52 feet wide. It seems this setback would be very restrictive. Councilman Harper stated that this ordinance was a compromise. The developers did not like the 30-foot setback, or brick fence, but they did agree to it. This will make the situation a lot better. Moved by Councilman Harper that the ordinance be amended to include a four-foot solid wooden fence, with brick columns twenty feet on center. Motion seconded by Councilman Thomas. Councilman Harper also hopes they can persuade Lifeline Ambulance to do something about the noise. Roger McKinney noted that a four foot fence may need to be taken down at some points. Councilman Harper proposed that the fence would be four feet at the setback line, and two feet at the property line; that it be placed on a brick foundation, and that the wooden fence contain brick columns twenty feet on center. The amendment was carried unanimously. John Erickson stated that this is a good amendment. He addressed the structure limitation of one story. He also mentioned minimum slope. He suggested that they consider increasing the minimum slope, and exclude the one-story requirements. Councilman Harper explained that the reason two stories were not desired was that it put people up higher, and they are able to look over the fence barrier. The slope was compromised. He believes the homeowners would like to see a 3/12 pitch roof. Mr. Erickson stated that he believes most of the compromises have been because the owners wanted them, and not the developers . He suggested giving the developer a little bit of flexibility. Councilman Harper stated that the homeowners feel that they have been compromised a lot by the developers. They are saying that we will allow an orderly development two blocks wide, with brick fence, etc. There is not an intention to not live in harmony with what is there, but to live in harmony with the compromise made. It is not necessarily what anyone wants exactly, but a compromise. Mr. Erickson stated that the one story situation is something which can be considered. Councilman Wilson stated that he believes it is a reasonable request, in view of the 25-foot setback. Moved by Councilman Wilson that Section 3843 be amended to delete one story, and retain the height maximum of 25 feet. Motion seconded by Councilman Palmer. Councilman Harper stated that this flies in the face of the compromise just hammered out, and he will have to vote against it. He encouraged the Council to not amend it this way. He stated that the homeowners do not want prying eyes 12-15 feet higher. He noted that this is not too different from the subdivision requirements on multi-family construction, which requires 30 feet setback, and six feet privacy fences. The amendment failed by the following vote. Ayes: Councilmen Palmer and Wilson Nays: Mayor Cook, Councilmen Harper, Thomas, Walker, and Welburn 167 , Item 10d, cont'd. The motion for passage of Ordinance No. 11 -86 was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None i Councilman Harper stated that people that live and work on Brook Avenue have asked him to thank the Council for passage of this ordinance. He believes this is the way true democracy works. Mr. Erickson, and other in the audience, thanked the Council . Mayor Cook also mentioned the concern of noise of the ambulance company on Brook Street. This needs to be addressed. It is not necessary for sirens to be used late at night when there is no traffic. Item lOe A proposed ordinance was presented rezoning an area near Sheppard Air Force Base. A motion was made by Councilman Wilson, and seconded by Councilman Welburn, for passage of the ordinance. Wayne Fowler appeared, from Sheppard Air Force Base, representing the Commander. He stated that Sheppard is very proud of its facilities and mission, and outstanding community relations. Their opposition to this rezoning is that it joins a military family area, and multi-story housing generally looks over into other yards. Large patio glass doors and milti-story would be a consideration for these residences, and the quality of life for them. The second issue is anti-terrorism. Although there have been no threats to Sheppard Air Force Base, they want their actions to be consistent with anti-terrorism. The Center Commander entertains dignitaries there from foreign nations, and sometimes in his back yard. Mr. Fowler stated that they do not come with a scare tactic, but of concern, and ask the Council ' s consideration of these matters. The developer plans single story in the first phase. They are con- cerned about future tracts in that area, which once changed, would be conducive to multi-story. He emphasized that they come in a spirit of cooperation. Mayor Cook stated that he shares this concern also, because of the Center Commander's home in this area. Moved by Councilman Harper that this matter be tabled, in a spirit of cooperation, until we can work out something. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item ]Of Discussion was held on a rezoning request for property at Grace and 23rd Street, and some adjacent property. A motion was made by Councilman Wilson, for discussion, that the ordinance be passed. Motion seconded by Councilman Harper. Councilman Wilson questioned the grandfathered clause. Mr. McKinney stated that the Church who owns the property at that location has a contract of sale with MHMR for a training facility. Once the zoning ordinance went into effect, it was not grandfathered because no building permit had been issued. As a result, the Church's earnest money did not consist of anything to get a permit. In terms of some of the operations conducted by the Church, it was only as a religious facility and assembly. MHMR would have a different type of training. Councilman Thomas asked why they had to include so much of the area in re-zoning? Mr. McKinney stated that it was requested by the Church. Mr. McKinney further noted that MHMR originally planned to do some kindling activities at this location. Councilman Harper stated that he will vote against this. Councilman Wilson also stated that he would vote against it due to the training type of activity. 168 Item 10f, cont'd. Assistant City Attorney Jeanie Thompson stated that the residents did not object to that use, but to the rezoning. She is convinced that rezoning is strictly the issue. Ed Herring appeared from Loop 11 Church of Christ, formerly 23rd and Grace. He stated that they entered into a contract with MHMR in order to give them time to move into their new building. They were advised to request a rezoning. They are concerned with the needs of the people purchasing it, and also the neighborhood. They don't know enough about the ordinance to know how it can be reclassified. It needs to be reclassified so that someone else can use this property. The Church has been a service organization back from the late 19401s. He stated that MHMR is also a service organization. They would like to get some help to turn this property to someone else. Moved by Councilman Harper that this matter be tabled to try to come up with a compromise. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Mrs. Ozuna mentioned that the Church is non-profit. Item lOg ORDINANCE NO. 12-86 ORDINANCE AMENDING EXHIBIT A OF ORDINANCE NO. 47-85, WHICH HAD PREVIOUSLY AMENDED ORDINANCE NO 37-85, WHICH ADOPTED A SYSTEM OF REPRESENTATION BASED ON SINGLE-MEMBER DISTRICTS AND A MAYOR AND ONE COUNCILMAN ELECTED AT-LARGE; FURTHER, AMENDING EXHIBIT B OF ORDINANCE NO. 37-85 Moved by Councilman Thomas, for discussion, that Ordinance No. 12-86 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked what this accomplishes? City Attorney H. P. Hodge stated that it arises out of adoption of the district system by the school district. This is right in the area where Wichita Falls school district boundaries are against the City View district. Professors Gwinn and Morrison advised that we do this . Councilman Thomas noted that he sees no real problem with this. He thought the districts were drawn by population. Jim King stated that he thinks there are only two people who live in this area. Mr. Hodge stated that it would be submitted to the Justice Department. He feels we will get an expedited review. This area would be placed in District One. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item lla RESOLUTION NO. 12-86 RESOLUTION APPROVING AGREEMENT WITH WICHITA COUNTY FOR USE OF PUNCH CARD VOTING SYSTEM AT MUNICIPAL ELECTION Moved by Councilman Thomas that Resolution No. 12-86 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None 169 Item llb RESOLUTION NO. 13-86 RESOLUTION SUPPORTING PARTICIPATION IN THE TEXAS MAIN STREET PROGRAM AS A SELF-INITIATED URBAN PROJECT Moved by Councilman Palmer that Resolution No. 13-86 be passed. Motion seconded by Councilman Harper. Julie Caddell explained that this is required to indicate that the City is supporting it locally. It is one of the steps in having a designation at the state level . Councilman Wilson requested a response to the supervision. Miss Caddell stated that she feels the best way to handle it is to have one supervisor. The Main Street project is governed by a board of local people. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item llc Discussion was held on a proposed resolution approving appraisals of certain parcels for the Holliday Creek project. Councilman Thomas had some questions about this. Dorcas Chasteen, Property Administrator, stated that , they would try to coordinate this contract with the dirt hauling of Zack Burkett. Councilman Thomas asked what we will need for the Parish property on Holliday Street? Mr. Bonnett stated that they would need a corner of it, but it would be about two years before it is needed. Mrs. Chasteen stated that there is still one property on Eastside Drive that they will have to acquire, which , has several rental units on it. RESOLUTION NO. 14-86 RESOLUTION APPROVING THE APPRAISAL OF PARCELS #l , #4, #5, #7, #7-A, AND #63 FOR THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilman Thomas that Resolution No. 14-86 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item lld RESOLUTION NO. 15-86 RESOLUTION AUTHORIZING GRANT APPLICATION TO GOVERNOR' S OFFICE, CRIMINAL JUSTICE DIVISION FOR POLICE COMMUNITY SERVICES OFFICER PROGRAM Moved by Councilman Harper that Resolution No. 15-86 be passed. Motion seconded by Councilman Thomas. Police Chief Harrelson stated that it is a five-year program. The first year is funded 100 percent through the Governor' s office on Criminal Justice, with a twenty percent take over by the City each successive year. They would like to use the retired community to get involved in close property check, and free the officers to do other things. They previously used Criminal Justice majors at MSU. These funds probably will not be approved until October 1 , but the application has to be submitted. The grant will be $30,000 the first year. Councilman ,Walker asked how the ten hour, 4 day work week will affect peak hours? Chief Harrelson stated that he feels they will have better luck with retired persons. Control officers have to check these premises, but the retirees may be able to assist us if they are tied up on accidents, etc. 170 Item lld, cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item Ile RESOLUTION NO. 16-86 RESOLUTION AUTHORIZING EXECUTION OF DEED CONVEYING THE LITTLEST SKYSCRAPER COMPLEX TO WICHITA COUNTY HERITAGE SOCIETY Moved by Councilman Wilson that Resolution No. 16-86 be passed. Councilman Harper noted that he will not participate in this debate, nor will he vote on it, since he is on the Board of the Heritage Society. Councilman Wilson was pleased to see this happening to the Skyscraper. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Walker, Palmer, Wilson, and Welburn Nays: None The City Council recessed at 11 :55 A.M. , and reconvened at 1 :25 P.M. Item 12a Moved by Councilman Welburn that the bid for an annual supply of batteries be awarded to Commercial Distributing, in the amount of $12,681 .96. Motion seconded by Councilman Wilson, and carried unanimously. Item 12b Moved by Councilman Palmer that bids be awarded, as follows. a. Grozier-Mann Oil Company, $417,000-unleaded gasoline b. Chester Wood Oil Company, $299,960 42 diesel Motion seconded by Councilman Welburn, and carried unanimously. Item 13a RESOLUTION NO. 17-86 RESOLUTION TO APPROVE CHANGE ORDER NO. 2 FOR THE 1984-85 BUDGET UTILITY IMPROVEMENTS PROJECT Moved by Councilman Harper that Resolution No. 17-86 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 13b RESOLUTION NO. 18-86 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR KELL BOULEVARD UTILITY RELOCATION PROJECT, ACCEPT THE COMPLETED PROJECT AND AUTHORIZE FINAL PAYMENT Moved by Councilman Welburn that Resolution No. 18-86 be passed. 171 Item 13b, cont'd. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 14a At the request of the Wichita Falls Independent School District,a discussion item for consideration of additional polling places was placed on the agenda. Councilman Harper asked how many polling places the County uses within the City? Mrs. Thomas stated there are 49. Councilman Walker stated that at least in the city and school election, voting would be increased by having some polls together. Councilman Harper desired to have the same polls in every election. Councilman Wilson inquired about the difference in numbers of polling places in each district, stating that all districts should have about the same population. Mrs. Thomas explained that the number of polling places is based on the number of registered voters in each district. Councilman Welburn was concerned about our April 5 election, since he understood that the 13 polling places were approved as part of the package of submission in the lawsuit. He asked Mrs. Thomas about this, and she stated that she also has some concerns, because it was part of the package which was approved by the Justice Department, and later by the Federal Judge. (A woman in the audience expressed surprise that Justice Department approval was required. ) Moved by Councilman Thomas that this matter be tabled until after the April 5, 1986, election. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Councilmen Thomas, Palmer, Wilson, and Welburn Nays: Mayor Cook, Councilmen Harper, and Walker City Clerk Wilma Thomas noted that this was a request of the Wichita Falls Independent School District. Item 14b Discussion was held on a request to advertise for bids for the waterfall project. City Manager James Berzina explained that Streams and Valleys is wanting to go forward with it. Moved by Councilman Thomas that authority be granted to advertise for bids for the waterfall . Motion seconded by Councilman Welburn. Councilman Harper stated that he intends to vote for this. He heard the statement last week that the City had not committed on the riverwalk. He would like each councilman to express their commitment to the riverwalk before the vote is taken. The riverwalk, the waterfall , and the convention center are all needed. Mayor Cook stated that the two projects are required in order to provide alternate funding sources to this city. The City of Wichita Falls is in trouble. There is a continuing drying up of federal funds. Many are no longer available. There is a continuation of city and state governments to provide or alter costs of these services. The sources of revenue are our tax dollars. It is incumbent upon city leaders to try to seek alternate sources of funding. Con- vention and tourism have produced many dollars for cities. Debates on this issue in council meetings are long, and can be listened to. A survey was taken requesting support of the convention center and riverwalk. A majority was in favor. A clear majority was opposed to an eight cent tax increase. They were also opposed to an eight cent tax increase evaluation without an election. Alternate funding sources meant would you favor or oppose the for- giveness of tax on properties around the convention center location? Thirty five percent favored it, 20 percent were opposed, and 33 percent were undecided. 172 Item 14b, cont'd. This was given as background information. He stated that we need alternate funding sources. If indebtedness is incurred, there will be an election held. If no indebtedness is taken, there will not be an election. The riverwalk was discussed as a whole, heartily supporting the riverwalk. He joins with Councilman Harper in this support of the riverwalk. Councilman Thomas stated that it would be an 8-cent tax increase for both the riverwalk and convention center. He stated that Wichita Falls is not in a deficit, and we are not in trouble. Mayor Cook stated that we have been living within our ability to raise the revenues needed. We do have major projects facing us, and that is the area of costs which we need to be addressing. It is on that basis that he made those remarks. Councilman Palmer stated that there is probably not a stronger supporter of the riverwalk on this Council than he is. We need the resource, and he wants it, but not at the expense of a blank check. If the figures come in like we think they will , he will be the first one to vote for it. He has worked hard for it, and supports it. Councilman Walker stated that he was not aware of a vote being taken, saying we would make this riverwalk. It may have been done before he came on the Council . If it has been voted for, have the citizens been told, and where is the money coming from? Mayor Cook stated that it has not been voted, and they do not know the exact cost of it. Councilman Wilson stated that he planned to vote for this, but he would not take the posture of a blank check support. Councilman Welburn stated that he has always been dedicated to the river- walk. He will continue to explore funding and development resources, and changing its boundaries. He is dedicated to seeing it extended at least to River Road, and preferably to the Waurika Highway. Councilman Harper proposed that the City Manager prepare the necessary documents to take bids for the riverwalk and waterfall . The one chance we have to become a truly modern, progressive city is to develop that riverwalk, and he urged that we get on with building Wichita Falls. Councilman Palmer echoed these statements. David Wolverton appeared, representing Midtown Now. He asked those in the audience who endorse the riverwalk and waterfall to stand. He urged the Council to commit in spirit, and explore every opportunity. He stated that the Midtown 2000 plan called for the development of the greenbelt area, and the civic center. Strengthening the tax base works to the benefit of all the citizens of Wichita Falls. It is also important to keep face with many other people who have invested in properties here with the understanding that these things would occur. The new hotel facilities have greatly improved our city. In order to keep face with those constituencies, he urged the Council to take this step forward, and proceed with the waterfall and river project. He further urged that they reconsider the convention center. The decision was contrary to those who had invested and developed. He urged that that decision be reversed, and bring it back to the river area, or have a lot of input from the citizens on both plans before a decision is made. Mary Ward, 4201 Northwest Freeway, stated that she is for a full disclosure of the facts . The people of North Wichita Falls believe that North side is the best place for it. She presented $600 to the City Manager in support of putting the falls back in Wichita Falls. Mr. Bill Aufleger, Wichita Falls Sheraton, stated that through all the negotiation, there were some very strong references made to locate the riverwalk in that area. They were never promised a civic center. Commitments were made for these things. He does not believe that tax abatement is at no cost. He stated that when Charles Harper tells you something, you can depend on- it. Mayor Cook noted that it is not possible to abate all taxes. Councilman Walker mentioned commitments which were discussed, stating that he is strong on people knowing about things. He is for the riverwalk as long as the price is right, and the people know what they are buying. 173 Item 14b, cont'd. The same goes for the civic center. All of his votes will be taken with their physical and financial concern in mind. Mr. Berzina stated that these bids are only for the waterfall . Councilman Harper stated that we already have an idea of what we need, and what it is going to cost. We need to create some new things that will provide jobs for everyone. We need to get on with it. What is it going to cost, if we don't? Mayor Cook stated that these disclosures have all been made in open council meetings, with media present. Tapes and documents are there. He stated that Midtown 2000 came out of the Rudat plan, and was adopted by the Council in 1976. It called for a civic center along the North end of Scott Street. He does not know whether it was offically adopted by the Council . Councilman Harper stated that in 1976 the Council developed the Midtown 2000 plan as the official plan for Wichita Falls midtown area. Both the tornado and flood caused some delays. Mayor Cook noted that Mrs. Thomas is in the process of researching those records, and providing copies of the minutes. Larry Six, 4604 Tammy Drive, commended the Mayor for his openness today. He feels they were mislead by the media. Mr. Six asked Mr. Harper where he got the 21 million dollars? Councilman Harper noted that Mr. Six asked that same question last week, and got a good answer from the City Manager. He requested the City Manager to answer it again, which he did. All reports indicate that with reduced parking, they would require 21 million dollars to do the riverwalk and convention center. Mr. Six complained of insufficient parking for concerts at Memorial Auditorium. Mayor Cook stated that he did not believe the $4.00 per foot included relocation costs, etc. The motion was carried unanimously. Councilman Palmer requested that the City Manager get with Al Groves for landscaping back to Lucy Park. Mayor Cook stated that when the City considers land acquisition, that should be discussed in executive session. There is someone who wants to discuss it with the Council for the riverwalk. He stated that the City owns the property on which the falls will be constructed. He feels Mr. Aufleger will want to beautify his side of the river. They do have some funds available, and they need to go forward with these plans. Councilman Harper suggested some improve- ments. Mr. Berzina stated that they are still working on something Councilman Thomas asked about six months ago. Councilman Harper noted that Al Groves has a computer program concerning ; the flood plane. The staff has also contacted them, but it is not a fast iprocess. Item 14c Jackie Rhone, 105 Lakewood Drive, presented opposition to the softball complex in Lucy Park. She stated that she believes capable men, such as the Council , grow weary, and make hasty decisions. She stated that it was with a great deal of shock that the residents in Lucy Park and Patton Addition heard that Lucy Park had been selected. Had they known this, they would have been at the Council meeting when it was discussed. She stated that they know that parks are designated as passive or active use. Lucy Park is passive. There was no park there when she built her home in 1956. She stated that it is a beautiful park, and a natural park, and they feel it should not be changed. She believes it should be placed somewhere else. She stated that the traffic is not wanted. It will invade their privacy. She also mentioned noise and debris. If she wanted to sell her house she is sure that a prospective buyer would think twice. She read statements from Dave and Steve Rhone pertaining to property values in Lucy Park area. She stated that a majority of residents of that area do not want the complex in Lucy Park. She believes it will lower the quality of their life. She believes there are far more suitable locations in Wichita Falls where it will not distrub the residents. She stated that they have 265 names on their petition and they could get more. Persons in attendance from the Patton Addition stood up. 174 Item 14c, cont'd. Robert K. Murphy, 101 Lakewood Drive, stated that the road that was put through to Lucy Park is under water every time it rains. Traffic going into Lucy Park goes down Fillmore, Lakewood, or Bluebonnet. Donna Horton, 2520 Inglewood, stated that they do not want traffic through their neighborhoods. She asked what would stop people from parking on Terrace Street, and go to the softball games? She stated that when you get softball teams together, drinking will be present. If they had more picnic tables, there might be more family activities. Betty Murphy asked if the motion was made for Lucy Park without any fore- warning? Councilman Welburnnoted that all parks were considered. There were also documents in the agenda folder. They had detailed descriptions of all three possibilities. There was also considerable interest in putting it at _ Lucy Park, and it presented a fair compromise to the location. It is accessible to hotels and public transit, and he has the benefit of 30 years of familiarity with that area. He has personally seen teams from both coasts, and in between. He further stated that not the least of his consideration were the cries that we send everything to the Southwest part of the city, to the detriment of the North. In questioning her voting places, she feels strongly that their neighborhood has been mistreated by the City Council . She stated that at one time their area was revalued for taxes, and none others were. She asked if that area is a blighted area so that their taxes will not be so great? Mayor Cook stated that the blighted designation was required in order for the Sheraton to build with industrial revenue bonds. She asked if this was not done for the benefit of the Sheraton, rather than the benefit of Robert Murphy? Mayor Cook stated that it was to enable them to do so, but hopefully it would also benefit those in that area. Mrs . Murphy urged the Council to give this more consideration, and that it not be done. She cannot help but feel that this ties into the riverwalk. Councilman Welburn stated that there is a park in his neighborhood, and he suspects that his neighbors would not object to having the softball complex, but a significant number of people have indicated a fear of playing games in Williams Park. One of his motives for increased activities at Lucy Park is that it may do something to decrease the crime rate. Sometimes increased activity will do wonders for criminals. They do not want to be seen. Mrs. Murphy asked what Spudder Park is being used for, and the answer was softball . It is not big enough for a complex, however. Councilman Thomas stated that blighted does not have anything to do with taxes. It allows them to sell bonds . He feels that it might be better for it to be there, than what we are having now in the evenings. If the people do not want it there, it would not bother him a bit to go to Jaycee Park. The Traffic Department is looking at different options of ingress and egress to that area. If they don't want it there, he would vote to have it somewhere else. Joel Jimenez, 323 Bluebonnet, stated that he is satisfied as to what is going to happen. Robert Hynson, 2519 Terrace, stated that they bought these homes several years ago. He retired from the military, and made this his home. He does not think the softball complex is needed down there. He requested that the Council consider another location. R. E. Kelly, 2513 Terrace, opposed the softball complex in Lucy Park. Sue Pennington, Realtor, stated that her parents still have a financial interest in some property in Lucy Park. An area that would not disturb the tranquility of this park would be better. Mayor Cook pointed out that the Council relocated the chili cook-off at the request of the people in this area. The site selection for the complex was not arrived at without thought and study. They have to build a facility that will be used by all citizens of Wichita Falls; not just tournament play. The decision was based on facts and study. If it is desired that the motion be reconsidered, it would have to be brought up in this meeting. Moved by Councilman Thomas that we reconsider the motion of where the softball complex is located. 175 i Item 14c, cont'd. Councilman Walker stated that he was in favor of the Scotland Addition j location, but it was publicized that Lucy Park was being considered. He commented that he is very unhappy about the sewer plant. People on the South side are unhappy about industrial property. The downtown people are unhappy about the civic center. The worst thing that the Council can do is to vacilate. Lucy Park is not a first choice, but he will stick by his position. Motion seconded by Councilman Palmer. Councilman Wilson stated that he was not at that meeting, but it is important that we stay with the decision we reach. It is important that we do what we can to minimize the impact on the neighborhoods. Mrs. Rhone stated that they did not have their day in court before the decision was made. Councilman Wilson and Mayor Cook noted the error in the editorial that only two parks were being considered. The information was available to the newspaper, and all the media. Mayor Cook agreed that we need to stick to our guns. The site of the ball diamonds has been slid to the North, away from the residents. Jack Murphy confirmed this, stating that they are still studying the site. Councilman Harper stated that he has not heard anything today which could change his mind. The motion to reconsider was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, and Palmer Nays: Councilmen Walker, Wilson, and Welburn Moved by Councilman Thomas that this matter be tabled. Motion seconded by Councilman Welburn, and carried unanimously. Councilman Harper requested that each group have only one spokeseman next time. Item 14d,e The City Council recessed into executive session at 3:45 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) , of the Revised Civil Statutes. The meeting reconvened at 6:33 P.M. Moved by Councilman Palmer that John Vitek, Warren Boone, Aubrey Anthony, and George G. Adams be suggested as appointees of the Wichita Appraisal District Appraisal Review Board. Motion seconded by Councilman Wilson, and carried unanimously. The City Council adjourned at 6:35 P.M. PASSED AND APPROVED this day of Z 1986. Ga oo Mayor ATTEST: Z Wilma J. Thom s, CMC, City Clerk