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Min 09/02/1986 318 Wichita Falls, Texas Memorial Auditorium Building { September 2, 1986 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in regular jsession on the above date in the Council Room of the Memorial Auditorium JBuilding at 5:00 o'clock P.M. , with the following members present. Charles Harper Mayor Sandy Goff Charles Thomas Ruth Ann Allred Councilmen Ronald Buffum Don Kirkham Lindsey Walker James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Richard Bowden, Faith Freewill Baptish Church. i Charles Harper, Mayor, read a four stanza verse. { Item 3 Moved by Councilman Goff that minutes of the meeting held August 19, 1986, be approved. Motion seconded by Councilman Allred, and carried unanimously. Items 4a - 7c Moved by Councilman Thomas that the consent agenda be approved. Motion seconded by Councilman Buffum. k I tem 4a Barbara Clements, a Health Department nurse, was honored as Employee of the Month for September. Charles Harper, Mayor, presented her with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 67-86 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF AN ALLEY IN ED MANNING'S SUBDIVISION, WICHITA FALLS, TEXAS Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 5b ORDINANCE NO. 68-86 ORDINANCE WAIVING SECTION 22-1 , SUBSECTION (a) (9) OF THE CODE OF ORDINANCES PROHIBITING SIGNS AND OTHER ADVERTISING DEVICES IN PUBLIC PARKS, FOR THE WICHITA FALLS COLLEGIATE CLASSIC TENNIS TOURNAMENT Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker 319 Item 5b (Cont) Nays: None Item 6a RESOLUTION NO. 127-86 RESOLUTION ESTABLISHING DATE AND TIME FOR PUBLIC HEARING ON THE CITY OF WICHITA FALLS' PROPOSED FISCAL YEAR 86-87 BUDGET Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 6b RESOLUTION NO. 128-86 RESOLUTION TO APPROVE AN EASEMENT FOR TEXAS ELECTRIC SERVICE COMPANY AT THE WATERFALLS SITE Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7a-c Minutes of the meeting of the Planning and Zoning Commission held August 13, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Minutes of the meeting of the Board of Electrical Examiners held August 14, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Minutes of the meeting of the Youth Activities Advisory Council held August 18, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Moved by Councilman Buffum that the order of business be changed to accommodate Mr. Massey' s request to make a presentation on signs. Motion seconded by Councilman Goff, and carried unanimously. Roger McKinney stated that at the last Planning and Zoning Commission meeting, Mr. Massey requested to appear. The basic premise of the sign ord- inance was presented. The farther back from the street the sign is placed, the larger the sign can be. A clear visual corridor was explained, along with the various distances from the street, and those requirements for same. A video presentation was made of some signs that violate the ordinance. Mr. McKinney stated that this presentation was made at the Planning and Zoning Commission meeting. He stated that they have had some good compliance with some of these signs. No permits have been requested, or taken out, by portable sign owners. Jim Massey, 5124 Kingston, presented some pictures, stating that this video does not accurately describe all of these situations, such as the sign that was stated to have been blown across the street. He stated that if the City is going to enforce signs, it should be done on a fair basis. The only reason the City is going after portable sign owners is that they feel this is the weak link. They can then go after the big companies. He stated 320 �that he believes this is discrimination. He mentioned a case in San Antonio. He stated that as of Friday, there were only 200 letters sent out for portable signs, and none for the permanent signs which are in violation. He stated that there should be better planning. He feels this is selective enforcement, or discrimination. They are only asking for the 25-foot setbacks. He feels it should also apply to dumpsters. He stated that, if necessary, they will pursue this in court. James Weatherbee, 2410 Barbados, stated that he owns the Finishing Touch and sign business. A gentleman appeared, stating that he owns the Advertising Plus business. He stated that 10 or 25 feet away for a sign is too far. Each sign should be checked individually. Robert Hyde, 1504 Tilden, agreed that 25 feet is unreasonable. He asked who complained. The resident at 2612 Elmwood, stated that he believes the City needs to take a look at this. Harold Hawkins, 5502 Hooper, stated that he believes the City needs a sign ordinance, but it should make sense. He stated that he believed the elected officials are more interested in promoting themselves, than the City. Councilman Thomas noted that we will have an election next April . He requested that the Council take a look at this ordinance, and come back with a sensible recommendation. John Cunningham, Airport Drive, stated that his sign is 23 feet off the street. It does not block anything. He stated that the sign has increased his business 40 percent. To move any of these signs would be a detriment to their company. Ken Knowles, 2016 Hiawatha, stated that the City made a mockery of them- selves in the enforcement of bus stop benches. It looks like they are doing the same thing to someone else. The manager of Mr. Gatti ' s, 1610 Enterprise, appeared stating that they have a permanent sign which is facing the wrong direction. The portable sign which they have gives them about 40 percent of their business. He does not know whether it is discriminatory, but feels it needs to be looked at on an individual basis. Harold Hawkins stated that the sign at City Hall is much more obstructive than his sign. He also mentioned a privacy fence on the corner of Cedar and Seymour Highway which blocks a view. Bill Hughes, of the 4F Pet Shop on Kemp, mentioned trees which obstruct his sign. He also mentioned a concrete fence at Taft and Southwest Parkway, which is an obstruction. 0. Nelson Ainsworth, Eastside Drive, stated that he believes Eastside Drive is a state street. He is concerned about the view. As long as they don' t obstruct the view, it might hurt his business. He would like the Council to consider these things. Fred Foley, 1574 Carol Lane, appeared as owner of Funland. He stated that he has a portable sign, and it is not anchored down properly. He believes there is confusion and misunderstanding on the part of many people. His major problem is that it is not permanent. It is in an enclosed chain fence. He does not feel it is creating a traffic hazard. Maybe the way the City did it is the problem; not the ordinance itself. Bobby Evans, 2404 Kemp, stated that Kemp Street is strictly commercial . He feels this is what should be looked at. Councilman Thomas asked why Funland came under it? Mr. McKinney stated that it was probably not anchored properly. He also asked about K-Mart, and Mr. McKinney stated that he has not looked at each one individually. Councilman Thomas mentioned sign permits which he took out on the Jacksboro Highway, asking if this isn't what we are looking at in other parts of the 321 323 Item 8c (Cont) Moved by Councilman Allred that Ordinance No. 71-86 be passed. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8d ORDINANCE NO. 72-86 AN ORDINANCE MAKING AN APPROPRIATION TO ACCOUNT NUMBER 26-052- 4640 FROM THE HOTEL/MOTEL FUND AND DECLARING AN EMERGENCY Moved by Councilman Thomas that Ordinance No. 72-86 be passed. Motion seconded by Councilman Kirkham. Councilman Walker stated that he feels the log cabin turned out to be a well structured program; however, the way we got into this program frightens him. Mr. Berzina stated that this came out of the recommendation to do some- thing for the Sesquicentennial . It was supposed to be half of the cost of the kit. The flaw here seems to be that the kit was not complete, and the volunteers did not materialize. The City took the only avenue that they had, and finished it off right. Councilman Thomas stated that the cabin was paid for by others when it arrived at the park. Councilman Walker stated that this kind of thinking could be a precedent. We should not be caught too often in that type of situation. Either we know what they are going to deliver, or we don't get into it. It is the principle of the thing that bothers him. We should know more about it before we get into it. We should not make the same mistake over and over. Charles Harper, Mayor, agreed, stating that he knows of no other thing that has happened like this in the past three years. Councilman Thomas noted that we are approving $10,000 out of the hotel/motel fund, of the $29,000 required. Mr. Berzina stated that he thinks the right questions were asked, and assurances were given. The Council agreed that it was a good designation of the hotel/motel funds. Councilman Thomas mentioned a lot of volunteer help that he knew of. He feels it may be worth $75,000. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 9a RESOLUTION NO. 129-86 RESOLUTION ESTABLISHING GUIDELINES CONCERNING SATISFACTORY PROOF THAT A TAX PAYMENT WAS TIMELY DEPOSITED IN THE MAIL Moved by Councilman Thomas that Resolution No. 129-86 be passed. Motion seconded by Councilman Goff. City Attorney explained the background request of this matter, stating that the taxpayer requested waiver of penalty and interest. The letter was postmarked the day after the last day to pay the taxes. He explained how you can establish if it was timely deposited in the mail . The staff needed some direction for the Council as to what constitutes satisfactory proof under the tax code. He suggested that a sworn affidavit by a taxpayer might be satisfactory proof. A felony could be a very serious offense. Mr. Hodge stated that he discussed it with Mr. DeWitt, and he felt it should be with Mr. DeWitt, and he felt it should be limited to a situation 324 Item 9a (Cont) where the letter was postmarked the first or second day after it becomes due. Mr. Hodge recommended something like that. Charles Harper, Mayor, asked what if someone came up with an affidavit, but it was never received by the tax department? Mr. DeWitt stated that they probably would not notify a person until they send out delinquent statements. He further stated that the taxpayer should be checking his bank statements. The City Attorney stated that the taxpayer chose the mail , and if he comes in later, the City would charge him penalty and interest under these guidelines. Mr. DeWitt stated that there is a lesser penalty rate on delinquent half payments. Interest is charges back to January. Councilman Allred stated that she is uncomfortable with Guideline 3. So was Mr. DeWitt, stating that it opens up some potential problems. Mr. Hodge thinks that the taxpayer has not done his best unless he comes down here, and pays it in person. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None The City Council recessed at 7:05 P.M. , and resumed at 7:20 P.M. Item 9b RESOLUTION NO. 130-86 RESOLUTION DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE SOLD BY SEALED BIDS Moved by Councilman Allred that Resolution No. 130-86 be passed. Motion seconded by Councilman Kirkham. Councilman Buffum confirmed that this property is available because of delinquent taxes. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen, Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 9c RESOLUTION NO. 131-86 RESOLUTION TO APPROVE AGREEMENT WITH THE TEXAS PARKS AND WILD- LIFE DEPARTMENT FOR USE OF LAND AT LAKE KEMP Moved by Councilman Thomas that Resolution No. 131-86 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item l0a Discussion was held on award of bid for a 67-foot aerial ladder fire truck. The only bid received was from Sutphen Corporation, in the amount of $316,211. Councilmen Thomas and Buffum were not comfortable with only one bid. Assistant Fire Chief Wayne Bell stated that two companies were present for the pre-bid hearing. One chose not to bid. If we re-bid this 325 Item 10a (Cont) same truck today, it would cost $7,500 more. The price has gone up. The City Attorney stated that we are all right, legally. Mr. Bell stated that it is a 10-12 month delivery Moved by Councilman Thomas that the bid of Sutphen Corporation be accepted. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Councilmen Goff, Thomas, Walker, Allred, and Kirkham Nays: Charles Harper, Mayor, and Councilman Buffum Item lla RESOLUTION NO. 132-86 A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO KOOGLE AND POULS ENGINEERING, INC. CONTRACT FOR PHOTOGRAMMETRIC MAPPING Moved by Councilman Buffum that Resolution No. 132-86 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item llb RESOLUTION NO. 133-86 RESOLUTION TO APPROVE CHANGE ORDER NO 4 TO CONTRACT D, CYPRESS STREET WATER TREATMENT PLANT EXPANSION PROJECT Moved by Councilman Thomas that Resolution No. 133-86 be passed. Motion seconded by Councilman Goff. Mr. Bonnett explained what is being done about the water system. It looks like the new system will be on line in about two weeks. He explained that this Change Order will enable them to pull the samples for testing. The cleanout of the new sludge line had to be changed in the construction process. The settling basin was repaired as a field change. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 12a Discussion was held on unresolved budget matters, and Community Develop- ment Block Grant funding. City Manager James Berzina stated that $195,553 would still be available, if they struck the two percent cost of living increase and funded the items they had preference for such as a library study, police records, tree planting, and workman's comp. Additional health care costs are projected for employees, and any additional funds left over can go into the health care program so that we don't have a shortfall . Replacement of the audio system in the Council chambers can be funded under our present budget for $7,000 plus. Other items were also mentioned which could be funded under the present budget. He suggested that plans be developed for a portable stage and outdoor theatre. He mentioned $30,000 to $35,000 for an economic development specialist, stating that there seems to be an interest in the BCI for this. There are drainage problems that need to be addressed, and recommendations will be forthcoming later. Charles Harper, Mayor, stated 326 ,Item 12a (Cont) i (that he would like the staff to arrange a meeting at the site on Normandy ;Street. Mr. Berzina further stated that there is money for refurbishing !in the Activities center fund. Two hundred thousand ($200,000) for a growth Imanagement study can be appropriated later. Councilman Buffum suggested that we include Scottsdale in this same tour. Councilman Thomas asked if a restroom has been approved at the RV site, ;and Mr. Barrett explained that it has. Mr. Barrett addressed various projects which could potentially be funded from Community Development Block Grant funds. Curb and gutter for Wolcott !Street would cost $174,042. A total of $415,000 has been recommended for (street improvements. A substantial number of streets would have to be elim- Iinated if this is done. Assessment would only amount to $14,000. The ;remainder would have to come from other sources. I Sheppard Access median improvements would cost $137,280, including irrigation and planting. You cannot assess for anything for which CDBG funds are used. The Bristol Street sand pit area was mentioned. One alternative would The to purchase approximately 27 acres, slope it, and seed the area for use las a park. An additional one or two persons would be needed to maintain it. Two other alternatives were identified. It was noted that a 27-acre 1park could easily cost $20,000 per acre. i Councilman Walker stated that solving one problem would take care of part of it, but there would still be a problem with the second one. Mr. Barrett stated that the area was developed to drain into those sand pits, and they were there before it developed fully. The Morgan Lane and Denver Tank drainage area could be divided into five different sections. The entire drainage area could cost an estimated $1,627,270. The Community Resource Center requested $15,000 for a new roof. They , are willing to match any funding from the City. Mr. Barrett suggested that ono more than $7,500 should be provided if funding is approved. Federal regulations prohibit us from supplying more than fifteen percent for social services. We cannot fund the Senior Citizens more than $42,000, llunless something else is reduced. Mr. Barrett explained that a total of $1 ,263,000 is recommended for ustreet improvements, river development, health clinic, child care, housing ( rehabilitation, code enforcement, and grant management. Dale Heath, Executive Director of the Senior Citizens Center, stated that their funds have been cut 30 percent, or $77,000. They serve 500 senior citizens each day. They are not receiving the local donations which they had expected. They have eliminated five staff members and overhead costs. Their board' s goal is to maintain the level of services. This is the basis for their request of $50,000. Dee Tate, President, stated that they serve a lot of people in need, and they would appreciate any help the Council could give. Mr. Berzina asked if anyone had done any survey on the two meals on wheels programs? She stated that they have not done any analysis of this. Their board' s highest commitment is for meals on wheels. Councilman Walker asked how closely does the board work with the community that is affected by these things? It was his understanding that the Green Door was told on Thursday that it would not be in operation on Friday. She stated that they had to make a quick decision on that closing. Mr. Tate explained that this was not something they wanted to do at all , but they had to. They are now working with a group of ministers. At no time were the services cut to senior citizens. Councilman Walker feels that concerned citizens want to know, and he feels they will be willing to help. Charles Harper, Mayor, requested that Councilman Allred and Buffum take a look at the budgets, and come back with a recommendation. They will want 327 Item 12a (Cont) last year' s budget. Mr. Barrett stated that we need to take action on the city budget on September 16. Councilman Kirkham stated that he had been approached about funding for the YWCA. Mr. Barrett thinks they may be ineligible. Charles Harper, Mayor, stated that we need a policy on social services funding. Councilmen Buffum and Allred thought it was not for this budget year, but next year. Discussion was held on the policy function. Mr. Berzina stated that they need to get the Council ' s decision on what they want. The public hearing will be held on September 16 to adopt the budget. He has some personnel matters that he needs to talk about in executive session. It was decided that he will prepare a budget eliminating the cost of living increase, with the items included which were previously discussed. That way, they would have his first budget, along with the second one, from which to make their decision. Councilman Walker confirmed that even though the across the board increase would not be in effect, those eligible to move forward in the Step plan could do so with department head approval , along with certain things in police and fire. Charles Harper, Mayor, stated that he had a real hard time recommending an increase in pay, when he is cutting his own employee salaries, and others in town are also doing it. It is not that he does not think our employees deserve it, because he does. He thinks this time next year we will still have a real problem. Councilman Kirkham asked if using these funds for other purposes will increase services? Maybe, in the Police Department. He stated that he is like the City Manager, just because everyone else is doing it, does not mean that the City is not managing, and we could afford a nominal fee. Councilman Walker stated that the time is now, and he knows what we can do this year. He does not know what we can do next year. He also has a difficult time following this rationale of just because other people are doing it. The money will be spent anyway. We do what we can at the time. Councilman Kirkham stated that it seems that for the last two or three years, we are holding the line. When the line was drawn, it costs. The City Manager stated that we are buying capital items with revenue sharing. Councilman Buffum stated that he finds it very hard to project on dollars that may or may not be there in 1987. The tax roll was established on January 1 , 1986. Had it been established on February 1 , he believes it would be a very different figure. Mr. Berzina stated that water and sewer projects can be funded. Mr. Barrett stated that we will need the recommendation on what we can do with senior citizens in the revenue sharing budget. Item 12c Betty Murphy, of the Lucy Park area, stated that she did not have any additional information to discuss tonight. Tom Hamilton, President of the Police Officers Association, asked to be recognized. Charles Harper, Mayor, stated that they would recognize him as Tom Hamilton. Mr. Hamilton addressed civilianization of the records section, and the two percent across the board pay increase. He stated that police and fire are not eligible for Step increases or stability. They receive longevity. He stated that the positions mentioned by the police chief will not help them. They need more non-supervisory people. Charles Harper, Mayor, stated that they think that we have the finest police force in the country. They will take these suggestions into account. Lee Shilling 605 Lobban Lane, requested that their street be curbed, guttered, and paved. The street is about a foot higher than their yards, and it floods. Bar ditches were deepened and widened, but not opened at the end. A report is expected at the next meeting. Councilman Kirkham wondered who will pay the citation for the City of Wichita Falls for violation of watering on Southwest Parkway. The Legal Department is looking into it. 328 Item 12c (Cont) Charles Harper, Mayor, mentioned a letter from Governor White and others to support a tax import fee. Councilman Buffum stated that he would be re- luctant to address this as a city councilman. Councilman Kirkham agreed. Charles Harper, Mayor, mention a letter from Jim Ginnings regarding a rear entrance from a grocery store, almost into his driveway. Mr. McKinney ,stated that he would look at it, and get in touch with Mr. Ginnings. He ,wants to move it 12 more feet. Charles Harper, Mayor, mentioned a joint resolution with Lawton. The ,City Attorney stated that he would have a problem with the Council meeting loutside the City. He suggests that we get in touch with them, and get it passed. Charles Harper, Mayor, announced that we have the Council 's expenses (for the last two months, if anyone wants to see it. Councilman Kirkham asked about the economic specialist. Mr. Berzina stated that they wanted to fund it later. The money can be appropriated. Item 12d & e The City Council recessed into executive session at 9:35 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) , of the revised civil statutes. The meeting reconvened at 11:50 P.M. Moved by Councilman Thomas that the following board appointments be made. A. Park Board James K. Smith - Term to expire 12-31-88 Esquel Sanchez - Term to expire 12-31-87 B. MHMR Board of Trustees Johnny Allred - Term to expire 8-31-88 (Replacing La June Lewis) W. E. (Doc) Anderson - Term to expire 8-31-87 (Replacing Charles Ward) Dr. John Barfield - Term to expire 8-31-88 Dr. Grant Wagner - Term to expire 8-31-88 Dr. Robert Bradley - Term to expire 8-31-88 C. Clean Community Commission Marilyn Stafford - Term to expire 12-31-87 Motion seconded by Councilman Goff, and carried unanimously. The City Council adjourned at 11:58 P.M. PASSED AND APPROVED this day of _,J/` 198 . a�rles Harper, Mayor ATTEST: Wilma J. Thomas, CMC, City Clerk