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Min 09/01/1987 614 Wichita Falls, Texas Memorial Auditorium Building September 1, 1987 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Ruth Ann Allred Councilmen Ron Buffum Don Kirkham 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 Max Dubesen, of the First Assembly of God Church. Charles Harper, Mayor, read a prayer which hangs on a cathedral door in Chester, England. He also presented a proclamation to the Chief of the Y Indian Guides. Item 3 Moved by Councilman Kirkham that minutes of the meetings held August 18 and August 27, 1987, be approved. Motion seconded by Councilman Thomas, and carried unanimously. Items 4a-8b Items 6a and 6d were moved to the regular agenda . Moved by Councilman Kirkham that Item 8b be moved up to 4b. Motion seconded by Councilman Thompson, and carried unanimously. Moved by Councilman Buffum that the consent agenda be approved. Motion seconded by Councilman Kirkham. Item 4a Jerry Brasher, a Fire Department employee, was honored as Employee of the Month for September. Charles Harper, Mayor, presented him with a plaque, a City pin, and two tickets each to a theatre and dinner. Item 8b William Young, 1232 38th Street, thanked various members of the Council for showing fiscal responsibility on the library consultant, and for efforts to include a cooperative purchasing plan with Lawton. He also talked about the tax exempt status of Rolling Meadows and Presby- terian Manor. Councilman Thomas noted that this Council is not the one who exempted them. Mr. Young stated that he is aware of this, and thanked the Council for fighting it. Councilman Thomas noted the number of vehicles coming in from other cities. He does not find it is because of taxes, but because of competi- tion moving out of the city. He stated that he received a parts order 615 619 Item 9c, cont'd. to come in compliance. This has not been done. The fifteen feet between units is standard. They make some provision for intrusion between these units, such as porches. Ronnie James, Fire Chief, stated that the separation requirements are very important. They looked at covered porches, awnings, etc. Fire will come out a window, and engulf the porch. Fire safety was discussed in a letter to mobile homes. Metal transmitting heat is more crucial than wood or brick. Earl Potts noted a five-year study indicating that fires occured more in mobile homes than other types of homes. Councilman Thomas mentioned a mobile home fire which did not cause the next one to also catch fire. Mr. James noted his experience and the dangers in fighting fires in mobile homes in Dallas, stating that they have a very strict mobile home ordinance. Earl Potts mentioned a major apartment fire which spread because of non- compliance with the construction in the fireplace. The building code requires a one-hour protection between walls. Mr. Gibson stated that he is most concerned about side and rear setbacks. When one unit is moved out, they can't live with the 15-feet requirements. Councilman Thompson stated that it appears that Shady Park cannot and will not comply. He would hope that we don't confuse the intent of the ordinance with the effect of it. He believes the ordinance is good and beneficial . Mr. Gibson stated that they met with Planning, and these issues were not changed. Emily Sweeney stated that one-fourth of the park is filled with travel trailers. Councilman Hirschi asked why they are not treated the same as mobile homes? Mr. Potts stated that there are minimum requirements set by manufacturing standards. By not setting a minimum standard for a permanent dwelling unit, you create a lot of problems. He feels we need minimum standards. Councilman Thomas feels that Shady Park would not permit these travel trailers if they did not meet electrical and plumbing requirements. Councilman Buffum was concerned with grandfathering, and suggested that we might grandfather those mobile homes which have been in existence for twenty or more years. Councilman Thompson would like the staff to look at these recommendations presented by Mr. Gibson, and study them. Ten years might be too long. Two or three years might be better. Extensive discussion continued, to allow an exemption for any mobile home park which has been in existence more than twenty years, and allow them ten years to come into compliance, and to allow the setback requirements suggested by Mr. Gibson. Mr. McKinney again stated that this is very similar to what was in the 1962 ordinance. They had three years to come into com- pliance, and twenty-five years later they still haven't done it. The staff feels the ordinance before them is as far as they can go in addressing the mobile home parks. Other mobile home operators are very supportive of the ordinance they have presented today. Only four mobile home parks have been built since 1970. Councilman Kirkham favored re-wording in the administrative and appeals area. They could have an appeals procedure for a variance. In twenty years a lot of homes will be moved in and out. When are these parks going to have to bite the bullet and make these changes? They were given three years in 1962 to comply. They haven' t done it. He did not favor another twenty years. Mrs. Sweeney stated they have twenty lots remodeled to take care of 14'X70' trailers. She stated that a person will not hang around to see whether the appeal process is approved. Moved by Councilman Buffum that the ordinance be amended to include the setback requirements, as passed out by Mr. Gibson, in Subsection IV (B) , which would be applied to mobile home parks in existence prior to September 1 , 1967, and they would have to be in compliance by September 1 , 1997. (See attached) . Motion seconded by Councilman Thomas. Mr. McKinney explained that this could allow some mobile home parks i 620 Item 9c, cont'd. lto reduce their requirements. Mrs. Sweeney has been in business since i1959. She still does not comply with the 1962 ordinance. Mr. Berzina stated that this should be made a matter of record, and the owner should sign an awareness statement that they will abide by all these requirements if they avail themselves of the grandfather provision, and that it will be passed on if the owner is changed. The amendment to the ordinance was carried by the following vote. i Ayes: Councilmen Thomas, Thompson, Allred, and Buffum Nays: Charles Harper, Mayor, Councilmen Hirschi and Kirkham Charles Harper, Mayor, noted that he opposes the twenty years. Mr. McKinney explained the provisions of Subsection XI (B)(3) . The ordinance, as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, and Buffum Nays: Councilman Kirkham The City Council recessed at 10:28 A.M. , and reconvened at 10:50 A.M. Charles Harper, Mayor, requested Mr. Hodge to pass out information to the Council on the new open meetings law. He agreed that it is a good law. Mr. Hodge explained certain sections of the law. Charles Harper, Mayor, stated that the certified agenda will have the lawsuits identified. The agenda will be kept sealed for two years, and filed in the City Clerk's office. It cannot be opened except by a court order. It was noted that there is nothing wrong with a quorum of the Council meeting together on social occasions. It applies only on the meeting and discussion of City business. They can ask questions, but not state an opinion, at task force meetings, etc. If it is less than a quorum, this will not apply. Councilman Kirkham stated that in his opinion, he believes the perception is what they have to watch. Mr. Hodge stated that this applies to governing bodies or any board or commission that has quasi judicial or rule-making authority. Each one would have to be looked at individually Councilman Hirschi asked for the City Attorney's opinion as to the perception of certified minutes or a tape recording. Charles Harper, Mayor, believed that a tape recorder would cause all comments to cease. Councilman Kirkham noted that they come back and adjourn if no action is taken. Mr. Hodge noted that the Mayor had suggested that it would be better if it is all combined into one agenda. The reason we haven't done it is because of two different deadlines. The deadline for the executive session could be moved so that it will all go on one piece of paper. With regard to the minutes, the official meetings of the City Council will show that if there is an executive session, that the Mayor announced that they are going into executive session, and that the Council either adjourned and went into executive session, or recessed and went into executive session. You have to convene in regular session with a quorum in an open meeting before you go into executive session. Today they will consider in open meeting appointments to boards and commissions. They will recess into executive session, and come back and reconvene into open session, take action, and then adjourn. Councilman Kirkham stated that he had been advised to list it on the agenda , come back to the meeting and state that no action was taken, or that some action was taken. Mr. Hodge stated that he knows of no requirement to do this . Councilman Kirkham believes there is no require- ment, but might be advisable. 621 Item 9d ORDINANCE NO. 82-87 AN ORDINANCE AMENDING CHAPTER 18, SECTION 48 OF THE CODE OF ORDINANCES TO PROVIDE FOR AN INCREASE IN THE ADMINISTRATIVE FEES Moved by Councilman Thompson that Ordinance No. 82-87 be passed. Motion seconded by Councilman Allred. Mr. McKinney explained that the fee comes into play when the property owner has been notified, and does not comply. He explained the procedure of abating nuisances. Mr. Barrett explained that this will not change what we anticipate in revenues next year. This may go as liens on the property. Discussion was held on whether we recover our costs. Mr. Berzina stated that we can take a look at it, and if it is not enough they will come back to the Council . The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9e A proposed ordinance was presented, amending the Vista Cablevision franchise to raise the franchise fee from three percent to five percent gross annual revenues. A motion was made by Councilman Hirschi , and seconded by Councilman Kirkham, for its passage. Bert Bucher, Manager of Vista Cablevision, stated that this will have an adverse effect on their business. By passing it through on the bill they will be able to show the customer what they are paying. Sales tax and franchise fees combined will be twelve percent. There are some things in the ordinance which they consider not advantageous to them or to the City. These things could be provided to the city staff for discussion, and clean some of these things up. He stated that their basic service is $11.95. Others are higher. Charles Harper, Mayor, stated that he would like to be able to provide capabilities for people to listen to meetings cheaper at home. Councilman Thompson stated that if we raise these fees, Wichita Falls will become a more expensive place to live. Local people will be affected. Councilman Hirschi noted that people have a choice in making these services available to them. The motion failed by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi and Allred Nays: Councilmen Thomas, Thompson, Buffum, and Kirkham Much later in the meeting, a motion was made by Councilman Thompson to reconsider Council Bill 215 to raise the cable rates from three to five percent. Motion seconded by Councilman Hirschi . Councilman Thomas stated that there is only a certain group of people who will be affected by this, but everyone in the city will be affected by a one cent tax increase. Councilman Thompson noted that raising the rate does not cause them to not consider the one cent tax increase. Bert Bucher stated that after today' s first vote it was his feeling that they did not want to tax sixty percent of the people for services for one hundred percent of the people. There is negotiation required when this is done. If another year could be given them on the life of the franchise, they could probably make this up. It will make an economic impact on them. The Council agreed to negotiate an additional year on the contract. The motion to reconsider was carried by the following vote. 622 Item 9e, cont'd. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, and Allred Nays: Councilmen Thomas, Buffum, and Kirkham ORDINANCE NO. 88-87 ORDINANCE AMENDING ORDINANCE 3305 TO RAISE THE FRANCHISE FEE FOR FOR VISTA CABLEVISION, INC. , FROM 3% GROSS ANNUAL REVENUES TO 5% OF GROSS ANNUAL REVENUES Moved by Councilman Thompson to amend the ordinance from five percent Ito four percent. Motion seconded by Councilman Hirschi , and failed by the following vote. Ayes: Councilmen Hirschi , Thompson, and Allred Nays: Charles Harper, Mayor, Councilmen Thomas, Buffum, and Kirkham The motion for passage of the ordinance with a five percent increase was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, and Allred Nays: Councilmen Thomas, Buffum, and Kirkham Item 9f ORDINANCE NO. 83-87 ORDINANCE ADDING SECTION 12-11 TO THE CODE OF ORDINANCES TO PROVIDE ASSESSMENT OF ADMINISTRATIVE FEE FOR PERSONS TAKING A DRIVING SAFETY COURSE TO DISMISS A TRAFFIC CITATION Moved by Councilman Allred that Ordinance No. 83-87 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9g Discussion was held on a proposed ordinance establishing an annual fee of $100.00 for dance hall licenses. A motion was made by Councilman Hirschi , and seconded by Councilman Allred, for its passage. Mrs. Ozuna asked if this will affect their church on leasing it for square dancing? Other discussion on dance halls was held. Moved by Councilman Hirschi that this matter be tabled for further study by the staff, although he has no problem with the fee. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: Councilman Thomas Item 9h ORDINANCE NO. 84-87 ORDINANCE AMENDING SECTION 32-121 OF THE CODE OF ORDINANCES TO PROVIDE FOR AN INCREASE IN INDUSTRIAL WASTE FEES 623 Item 9h, cont'd. Moved by Councilman Hirschi that Ordinance No. 84-87 be passed. Motion seconded by Councilman Thompson. Tom Edmondson stated that this would affect some sixteen businesses in Wichita Falls, and would generate $13,000 additional revenue. These industries are sampled and monitored by one man. Mr. Barrett explained that it is based on the effluent that is put into the system. Councilman Thomas mentioned a large car wash with five or six employees. Pistocco Pontiac- Cadillac washes their cars, and has nearly 100 employees. Mr. Barrett explained that the fee is an attempt to recover our cost in monitoring it. Councilman Hirschi suggested that he look at other ordinances for EPA requirements. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, and Kirkham Nays: Councilmen Thomas and Buffum Item 9i Discussion was held on a proposed ordinance establishing a solicitor' s fee of $30.00. A motion was made by Councilman Thompson, and seconded by Councilman Buffum, for its passage. Councilman Kirkham stated that we hurt the people who want to abide by the law. An amended motion was made by Councilman Hirschi to change the fee to $50.00, and $5.00 for each employee working as a solicitor under the permit. Motion seconded by Charles Harper, Mayor, and failed by the following vote. Ayes: Charles Harper, Mayor, and Councilman Hirschi Nays: Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Councilman Kirkham asked what mechanism we can generate to enforce this ordinance? Councilmen Thomas and Thompson agreed that this is needed. Moved by Councilman Kirkham that this matter be tabled until a method of collection and a suitable method of enforcement can be arrived at. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None The City Council recessed at 12:20 P.M. , and the meeting reconvened at 1:30 P.M. Item 9j ORDINANCE NO. 85-87 AN ORDINANCE ESTABLISHING A DEVELOPMENT FEE SCHEDULE AND REPEALING ALL FEES IN CONFLICT HEREWITH Moved by Councilman Thomas that Ordinance No. 85-87 be passed. Motion seconded by Councilman Allred. Councilman Thomas was concerned that the increase in plumbing and electri- cal fees may cause some permits not to be taken out. Mr. Potts explained that they have had problems getting a proper assessment of value. This is the reason they went to a $25.00 minimum. They are also getting a small number of permits for the amount of work being done. Fees would not need to be raised if they could get eighty percent of the permits of the work 624 Item 9j , cont'd. being done. The overall enforcement of the program is something we need to take a look at. The revenue is only about fifty percent of the operating expenses. Mr. Potts believes that some contractors are not opposed to some type of fee increase. An amended motion was moved by Councilman Thomas that the minimum charge of $10.00 be applied to fixtures and labor up to $250.00 in value for plumbing and electrical , and a $25.00 charge be applied for over $250.00 in value. Motion seconded by Councilman Hirschi , and carried unanimously. Discussion was held on fees for off premise signs, the definition of "high rise" , and about building moving. Councilman Thomas called for the question, which was seconded by Councilman Buffum, and carried unanimously. The ordinance, as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9k ORDINANCE NO. 86-87 AN ORDINANCE TO ESTABLISH ADMINISTRATIVE FEES TO BE CHARGED FOR AIDS SCREENING SERVICES AND PROVIDING THAT SERVICE WILL NOT BE REFUSED TO ANYONE BECAUSE OF INABILITY TO PAY Moved by Councilman Thomas that Ordinance No. 86-87 be passed. Motion seconded by Councilman Allred. Charles Harper, Mayor, urged the Health Department to keep on top of this. Tom Edmondson stated that of the 416 they have tested, 20 have been positive. All twenty were either homosexual or intravenous drug users. Education and counseling services are available for those who tested positive. Councilman Thompson stated that we need to stress education and a means of protecting ourselves. This program needs to be pushed. A motion was made by Councilman Kirkham to call the question. It was seconded by Councilman Allred, and carried unanimously. The motion for passage of Ordinance No. 86-87 was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 91 ORDINANCE NO. 87-87 ORDINANCE AMENDING SECTION 24-22 OF THE CODE OF ORDINANCES AND ORDINANCE NO. 17-85, TO INCREASE THE FEE FOR POLICE REPORTS AND THE STORAGE FEE FOR MOTOR VEHICLES IN THE CITY IMPOUND AREA Moved by Councilman Allred that Ordinance No. 87-87 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 625 Item l0a RESOLUTION NO. 148-87 RESOLUTION APPROVING PUBLIC SALE BY WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 OF SURPLUS TWO ACRE TRACT OF LAND TO SAM HUNTER, AND AUTHORIZING DEED TO WATER DISTRICT OF CITY'S INTEREST Moved by Councilman Hirschi that Resolution No. 148-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 10b RESOLUTION NO. 149-87 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR FILL AREAS FOR PHASE I OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilman Thomas that Resolution No. 149-87 be passed. Motion seconded by Councilman Buffum. Mr. Bonnett explained that the dirt will be dredged from the creek bed itself. Gene Buchanan stated that he lives on one of these parcels where the City wants to put this dirt. What if he doesn't want it? Mr. Bonnett explained that this was one of the specifications of the Corps of Engineers. We will have to acquire these properties. Mrs. Chasteen stated that after this resolution has been passed, she will send him a letter of offer for a temporary easement. Mr. Buchanan does not think the City needs this much land. Mrs. Chasteen noted that Mr. Buchanan wanted to retain this tank area , but Mr. Banks, of the Corps of Engineers, stated that it would be impossible for him to do so. Jim Cheatham, 101 N. Oriole, discussed placement of dirt on his property. Charles Harper, Mayor, stated that our contract with the Corps of Engineers pretty well ties our hands. We may have to sacrafice some trees for the good of the city. Mr. Cheatham stated that will leave them less than two acres of land. Mrs. Chasteen stated that they will try their best to work with them, and will be glad to discuss it with him. Mr. Bonnett explained that they anticipate another eight miles of this. Mrs. Chasteen stated that in many areas the property will be greatly improved. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham None: None Item 10c RESOLUTION NO. 150-87 RESOLUTION APPROVING TRANSFER OF CITY'S AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982 ENTITLEMENT FUNDS FOR FISCAL YEAR 1987 IN THE AMOUNT OF $125,000 TO BRIDGEPORT MUNICIPAL AIRPORT Moved by Councilman Thomas that Resolution No. 150-87 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 626 Item 1Od RESOLUTION NO. 151-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HBW ASSOCIATES, INC. FOR LIBRARY CONSULTING SERVICES Moved by Councilman Allred that Resolution No. 151-87 be passed. Motion seconded by Councilman Thomas. Dick Waters, principal consultant with HBW Associates, Inc. , was present. i Councilman Buffum asked why Miss Houseworth is recommending the highest proposal submitted? She stated that they had more experience jdoing the type of study that we wanted. The scope of services was also more detailed. She stated that it has not been presented to the Library Board. Councilman Allred stated that the proposal that went out had the complete approval of the Librtary Board members , and was thoroughly reviewed by them. Councilman Allred feels that it is a concensus of opinion of the need for this consulting service. They had never taken a vote on it. Mr. Waters stated that he believes this is the best time to plan. Some short-term recommendations for services would not carry large expenditures. They look at recommendations which would be right for the client. Operational and capital cost projections would be made. He discussed that recommendations could be held for a while, stating that none would be so time sensitive that they would have to red line it. Some costs might need to be adjusted. Councilman Allred feels that the Library Board was most eager to go forward with this. Councilman Buffum noted that the Council had voted to go out for proposals several months ago, and the Library Board has had plenty of time to review it. Mr. Berzina stated that if they were not recommending it to them, he would be. He is under the impression that they stand behind it. Councilman Thomas called the question. Councilman Thompson stated that the reason he voted against it was because of concern that it would sit on the shelf. He feels we need to make a commitment to have the best library we can. He is still concerned about the expenditure of the money, but feels it is something worthwhile. Councilman Thomas stated this is his fifth year to discuss it, which was confirmed by Charles Harper, Mayor. Councilman Kirkham stated that he voted against it originally, and he will vote against it now. He does not know this firm's qualifications. He came very close to the $20,000 they allocated, and there were two lower bids. Mr. Waters stated that he hoped they would not have to side with anyone in this study. They will operate on the premise that Wichita Falls needs a quality library service. This will be a long range plan. It normally takes five to ten years to implement the recommendations he will make. Councilman Kirkham wonders how he will determine the public' s need for the library here? Mr. Waters stated that they will give the oppor- tunity for groups of people to come visit with them, and tell them what they would like to see in it. There are other records they can look at. They can also bring to bear their own experience. He believes the Council will be satisfied with the work they will do for the City . Councilman Thompson would like some recommendations on how the city and private sector can work together. Mr. Waters stated that they would make some broad comments about automation, but not specifics on the type of system. They will also address the revenue side of both capital and operations. The motion for passage of the resolution was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, and Buffum Nays: Councilman Kirkham 627 Item 10e RESOLUTION NO. 152-87 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEPOSITORY CONTRACT Moved by Councilman Hirschi that Resolution No. 152-87 be passed. Motion seconded by Councilman Buffum. Fred Werner, Chief Accounting Officer, explained the procedure used to request a depository contract. He recommended First Republic Bank as managing depository, and Parker Square Bank as a participating depository. They would retain the right to bid on the city' s investment of funds. They would not handle the large volume of checks he writes and receives. MBank chose not to bid on the managing depository, and the participating bid did meet specifications. (Charles Harper, Mayor, left during this discussion, and Mayor Pro tem Thomas continued in his absence. ) The motion was carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 10f RESOLUTION NO. 153-87 RESOLUTION RECOGNIZING INSTITUTIONS) AS A PARTICIPATING BANK(S) FOR CITY' S DEPOSITS, AND AUTHORIZING EXECUTION OF A DEPOSITORY CONTRACT(S) WITH SUCH BANK(S) Moved by Councilman Buffum that Resolution No. 153-87 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item lOg RESOLUTION NO. 154-87 AUTHORIZING THE DEPOSIT OF FEES RECEIVED FROM THE WICHITA BEND R.V. PARK TO THE GENERAL FUND Moved by Councilman Allred that Resolution No. 154-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Charles Harper, Mayor, returned at this time. Item 10h RESOLUTION NO. 155-87 RESOLUTION WAIVING RESOLUTION NO. 2764, TO REDUCE THE RATE CHARGED FOOD AND SOFT DRINK VENDORS AT JAYCEE PARK DURING THE RED RIVER CHILI CHAMPIONSHIP ON SEPTEMBER 18, 19 and 20, 1987 Moved by Councilman Kirkham that Resolution No. 155-87 be passed. Motion seconded by Councilman Hirschi . 628 I Item 10h, cont'd. Smitty Browning presented a request of the Jaycees to reduce the rate charged food and soft drink vendors at the chili cookoff. Council- man Thomas stated that he would be more sympathetic to the Jaycees if they had put some money back into Jaycee Park. They had it worked out four years ago. He is very disappointed about the money they have put back into the park. It was stated that they put up two basketball goals on the North end of the parking lot. They approached Parks and Recreation about building a club house. They were turned down either in Parks and Recreation, or one of the other departments. This request today deals with the food vendors out there, and not the Jaycees. Councilman Thomas stated that some of the original ideas would be that they would build a gate controlled fenced area , with the Jaycees spearheading this. He would like to see the Jaycees meet with the Park Board, and come up with some recommendations. Mr. Berzina suggested that he meet with Mr. Murphy and Mr. Bonnett. Councilman Allred asked what fund this money goes into? Glen Jamison stated that it goes into the general fund. Mr. Berzina stated that even though it goes in the general fund, they have spent money for trees, roads, etc. Mr. Browning stated that the vendors out there have to be non-profit organizations. They pay a $40.00 to $50.00 booth fee. Mr. Barrett stated that park concessionaires do not necessarily pay a flat fee. A ten percent gross sales fee was decided upon. Councilman Thomas stated that he has a goal that we will have crowd controlled facilities that the Jaycees help to provide. Moved by Councilman Kirkham that the question be called. Motion seconded by Councilman Hirschi , and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: Councilman Allred The motion for passage of the resolution was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, and Kirkham Nays: Councilmen Allred and Buffum Item 10i RESOLUTION NO. 156-87 RESOLUTION INCREASING THE FEE CHARGED FOR TAX CERTIFICATES FROM $4.00 TO $10.00 AS AUTHORIZED BY SENATE BILL 267 Moved by Councilman Thomas that Resolution No. 156-87 be passed. Motion seconded by Councilman Hirschi , and carred by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Item 10j RESOLUTION NO. 157-87 RESOLUTION AUTHORIZING THE CHARGING OF A FEE OF $10.00 PER HOUR FOR TAX RESEARCH WORK Moved by Councilman Hirschi that Resolution No. 157-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. 629 Item 10j , cont'd. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 10k RESOLUTION NO. 158-87 RESOLUTION ESTABLISHING FEES AND CHARGES IN MUNICIPAL CEMETERIES Moved by Councilman Hirschi that Resolution No. 158-87 be passed. Motion seconded by Councilman Allred. Mr. Barrett stated that we spend $180,000 in maintenance, and receive about $82,000 in fees. Councilman Thompson believes the quality of service is greater at Crestview than what the City provides. We don' t have a perpetual care provision. Moved by Councilman Thomas that the price of the two space lots be amended as shown on the resolution handed out. Motion seconded by Councilman Thompson, and carried unanimously. The resolution, as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 101 RESOLUTION NO. 159-87 RESOLUTION GRANTING APPROVAL FOR THE TEMPORARY SALE OF ALCOHOLIC BEVERAGES AT OUR LADY OF GUADALUPE CHURCH AT 606 HOMES, FOR THE SEPTEMBER FIESTA CELEBRATION ON SATURDAY, SEPTEMBER 12, 1987 Moved by Councilman Thomas that Resolution No. 159-87 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilman Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item lla RESOLUTION NO. 160-87 RESOLUTION TO AWARD BID FOR THE 1987 BUDGET SEAL COAT PROJECT Moved by Councilman Thomas that Resolution No. 160-87 be passed. Motion seconded by Councilman Hirschi , and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 630 Item llb RESOLUTION NO. 161-87 AWARD OF BID FOR THE 1987 BUDGET OVERLAY PROJECT (87-7) Moved by Councilman Thompson that Resolution No. 161-87 be passed. Motion seconded by Councilman Allred. Charles Harper, Mayor, stated that both of these companies represent one owner. There is some restriction in the state. Mr. Hodge knows of no city restrictions. Councilmen Thompson and Kirkham hoped we would look at this in the future. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item llc Moved by Councilman Allred that the bid for data processing paper and forms be awarded to Moore Business Forms in the amount of $25,426.60. Motion seconded by Councilman Buffum, and carried unanimously. Councilman Thompson asked for a report from the Park Department on East Lynwood Park. Councilman Thomas suggested adoption of the lake in Lynwood by a service club. Item 12a The City Council recessed into executive session according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes at 4:05 P.M. The meeting reconvened at 9:15 P.M. Item 12b Moved by Councilman Allred that the following board appointments be made. 1. Traffic Safety Council - Connolly O'Brien - 4-30-90 2. Mayor's Commission on Status of Women - 9-30-89 Kathryn Fisher Kathryn Tubbs Brenda Andrews Helen Winburn Janice Sons Michelle Kitchens Two vacancies are left unfilled. 3. Commission on Aging - Lee Grogan, District 5 - 5-31-89 The Commission will name its own chairman. 4. 911 Board - Greg Lynn Motion seconded by Councilman Thomas, and carried unanimously. Item 8a A lengthy discussion was held on the proposed budget, with highlights noted. City Manager James Berzina presented an overview of various budget issues. Mr. Barrett stated that we have increased revenues by about 631 Item 8a, cont'd. $180,000 with actions taken today. It takes an additional $141 ,000 to get the tax rate back to 63 cents. Charles Harper, Mayor, stated that with a tax rate of 64.1 cents we could do all of those things we have talked about today. Mr. Barrett presented possible additional line item and program reductions. The Council agreed to leave in the employee picnic, library book purchases , library lease-book collection, tree planting program, and the playing field maintenance now provided to outside agencies. Worker' s compensation and the Engineering Tech III position were taken out. Half payments on taxes was left in. The Council agreed with Mr. Barrett on the zoning fees, and the police in-service charge. Louise Houseworth discussed six options for the IDC program. The Council agreed on $80,000 for IDC program for Parks and Public Works. Handicapped people cut themselves when they raised their rates. Councilman Thomas suggested we raise the tax rate one cent to 64.78, and earmark it for a park ranger in some form. Taxes have not been raised in four years. Mr. Barrett stated that there is $13,250 in the budget for cable television equipment. Troy Jensen stated that this will allow them to re-broadcast council meetings at any time during the day or night with any frequency desired, on a completely automated basis. Charles Harper, Mayor, favored this. The Council agreed to add $13,250 for cable equipment, and $13,119 plus $3,900 from the general fund for Neighborhood Action Groups. Councilman Allred opposed taking $3,900 from the general fund. City Attorney H. P. Hodge addressed the state law on a board such as this giving away tax money to charities. He stated that tax money must be used for public purposes. Giving money to charities is not a public purpose, according to the Attorney General ' s opinion. Councilman Kirkham stated his opposition to a number of these programs in trying to fund them from the general fund. Councilman Thompson stated that the neighborhood group buildings belong to the City of Wichita Falls, and have been used by Parks and Recreation. Charles Harper will rule himself out of the Kell House request, and asked Councilman Thompson to rule himself out of the CAC Neighborhood groups. He proposed that they include $17,500 for CAC Neighborhood groups. Councilman Buffum would concur with $4,381 from the general fund, with the stipulation that this subsidy will cease. Councilman Buffum proposed that they take $10,000 from the Arts Commission, and give it to Kell House, with the stipulation that it be used for a specific project. Councilmen Hirschi and Allred disagreed with this at first. Mr. Berzina stated that the real fear he has is that Kell House is basically asking for $10,000 for operating expenses. He does not feel this should be done. The Council agreed that they should come up with a project. Discussion was held on funding a clean community project as well as promote new events directly related to tourism, from hotel/motel tax. Mr. Hodge did not believe clean community could be included. Other items included in the budget were Health Department dental program, police community service officers, MHMR, family practice residency, and senior citizens services. Three air conditioning unit replacements for Police, eleven walkie talkies for Police, and a Parks aquatic vehicle program were also left in the budget. Charles Harper, Mayor, and Mr. Barrett suggested that the park rangers and clean community project be placed in a contingency account to be addressed 632 Item 8a, cont'd. later. Councilman Thomas also wanted to look at a warrant officer position, if needed. Mr. Barrett requested the Council to look at these line items and let him know which items each feels they cannot vote on. The City Council adjourned at 12:15 A.M. , September 2, 1987. J PASSED AND APPROVED this day of ,�; 1987. Charles Harper, Mayor ATTEST: W-1 ma J. Thomas, CMC/AAE, City Clerk I r r Subsection IV. Location of Mobile Homes and Other Buildings 1 Within a Mobile Home Park tA4- Mobile homes, manufactured homes and other structures shall be installed in accordance with the following minimum separation and setback requirements: (1) Side - Ten (10) feet between units (2) Rear - Eight (8) feet between units (3) Front - Behind the front lot line, behind the curb or behind the street pavement if no curb exist. (4) Abutting Private Property Line - Three (3) feet from a property line (5) Storage Buildings or Out Building up to and including 150 square feet - Three (3) feet from any other structure other than the owner' s mobile home. Five (5) feet from a property line. (6) Storage Buildings or Out Buildings more than 150 square feet - Ten (10) feet from any other structure other than the owner' s mobile home. Five (5) feet from a property line. (7) Covered or uncovered porches, patio decks, steps, landings , or ramps - Five (5) feet from any other structure or property line. (8) Awnings - Three (3) feet from any other structure or property line. (9) For purposes of separation or setback requirements , any structure except those set forth in this Subsection IV that are enclosed or covered by construction on any side (other than the primary building side) , shall be considered as part of the mobile home, manufactured home or building. • • S `