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Min 09/15/1987 633 I Wichita Falls, Texas Memorial Auditorium Building September 15, 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 5:30 o'clock P.M. , with the following members present. Charles Harper- Mayor John Hirschi Charles Thomas Angus Thompson Councilmen Ruth Ann Allred (Delayed until 10:40 P.M. ) 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 Christopher Allen, Beverly Drive United Methodist Church. Charles Harper, Mayor, read a poem by Robert Frost, entitled, Provide Provide. He also noted that we are celebrating the bicentennial of the signing of the American Constitution. The DAR Chapter has given to the City a copy of the Constitution of the United States of America. At 3:00 o'clock tomorrow, the bells across the land will chime. He read the preamble to our Constitution, which is the oldest in the world, and is a model for many others. Item 3 Moved by Councilman Thompson that Minutes of the meeting held September 1, 1987, be approved. Motion seconded by Councilman Buffum. Councilman Kirkham asked a question about Item 9c, the mobile home parks issue. It was his understanding that Mr. Hodge had ruled that Councilman Thomas could not vote because of a conflict of interest. Councilman Thomas noted that he did not vote. The minutes should reflect that he didn't vote. Councilman Thomas noted that the only way he had a conflict was in the recreational vehicle area. The City Attorney stated that he would like to take a look at it, and see if it needs to be placed back on the agenda. The motion to approve the minutes was carried unanimously. The Consent Agenda was moved down to Item 5a. Item 4a Sammy Pratt, 1506 Red Fox requested that the money set aside for East Lynwood Park be held up until the basketball goals are removed. He stated that James Esther and some others are opposed to moving the goal posts. None of these people live in the 1500 block of Red Fox. He stated that they made it clear to Mr. Esther several years ago that they did not like his ideas, so he formed a Neighborhood Watch group. They are not worried about the problem there. It is more of an ego group. They have not been trained to handle the problems of dope, etc. , out there. The Council was elected to solve the problems in the City, and not some group. The goal posts are still standing, and the situation is not getting better. 634 Item 4a, cont'd. Charles Harper, Mayor, stated that they are knowledgable of the problems in that park, and they are working on it. Councilman Hirschi asked if they have a concept plan for that park? Mr. Murphy stated that they do. A plan for Bridwell and Jalonic Parks was also desired by the Council . Item 4b Charles Harper, Mayor, read a statement to the City Council , with an appeal to not allow a beauty shop behind their home at 2501 Amherst. The three homes affected are his and Betsy' s, Donna and Roy Sparkman, and Kay and Earl Bennett. He stated that Jerry Leopold and Bob Mathews will be the only spokesmen for their group. He stated that Mr. Harvey has made some statements on radio and television about him and his wife. He further stated that he has not used his office in any way in this matter. (Full statement attached) . He left the meeting at this time, and Mayor Pro tem Thomas took over in that capacity. Charles Harper, Mayor, returned to the Council meeting at 11 :05 P.M. Mayor Pro tem Thomas opened the floor for discussion of an appeal to a denial by the Planning and Zoning Commission of a conditional use application for a beauty salon at 2500 Shepherd 's Glen, Suite B. Moved by Councilman Buffum, for discussion, that the conditional use be allowed. Motion seconded by Councilman Kirkham. John Leonard, 1913 Speedway, stated that he had been working with Darrell Walker and the Harveys ' , and as a citizen of Wichita Falls. He stated that he had a petition signed by 131 residents of the Sikes Addition in favor of a beauty shop. He asked about the quorum required to pass this matter, and City Attorney H. P. Hodge stated that it would take an affirmative vote of four members. Mayor Protem Thomas noted that Councilman Allred is absent because of a death in the family. Mr. Leonard stated that Darrell Walker is the owner of the property. He stated that the building permit was issued for re-doing office space. It was not issued as a beauty shop. He stated that prior agreements would not be enforced under the zoning ordinance. The staff has stated that the use which they have requested still meets requirements. Councilman Hirschi asked about future uses of this property in changing the conditional use zoning? Roger McKinney stated that if conditional use is approved, and it goes to another similar type operation, it would be allowed, but it would not be allowed for a different type operation, such as a dress shop, convenience store, etc. Mr. Leonard is concerned that this be viewed objectively. He asked that people stand who favored allowing the use. Darrell and Carol Walker, Route 2, Box 183, Wichita Falls , stated that he runs an insurance business in Wichita Falls. They are committed to quality, and understands that the neighbors are committed to quality. They are not trying to come in and disrupt a quality neighborhood. Mrs. Walker stated that they feel they are catching the brunt of the tensions of the neighbors over the years. They are concerned about their investment, and the Harveys ' desire to open their business. Councilman Buffum confirmed with Mr. McKinney that investment cannot be considered in the zoning ordinance. Eddie and Shelia Harvey, 4705 Reginald, stated that they are a beauty salon, and not a beauty salon/massage parlor. She stated that she is a nurse, and is licensed to practice body massage. Mr. Harvey stated that he has had his business here for twelve years. They offer a great deal of profes- sionalism, and have an exclusive salon. He stated that Mr. Harper' s statements are not totally true. His present business is at 2515 East Elliott. They feel the Sikes area would be better suited to their clients. They work by appointments only. Three people work with them. Their hours are from 9:00 A.M. to 6:30 P.M. , Monday through Saturday. They have had no complaints from the Evangel Temple Church. The minister, and others from that church, patronize their shop. Mr. Harvey stated that they only plan to occupy the other half of the building, and that they have made a large investment on 635 Item 4b, cont'd. this. They felt laws would be enforced objectively, and it would not come to this. Carol Burns, 4719 Taft (office) , 2411 Merrimac (residence) , stated that she feels this property would not be negatively impacted, and urged the Council to vote for conditional use of this property. Thelma Fillmore, 2618 Bretton, stated that she has lived there since 1960. It is no longer the quiet neighborhood that it was. She does not like the idea of the Food Emporium, with all the crowds, and the business along Southwest Parkway. She stated that she has been a customer of Mr. Harvey for more than seven years. She does not understand why anyone would object to anyone putting a business in Darrell Walker' s building. Sanders Hickey appeared as a resident of Sikes, a supporter of small businesses, and Mr. and Mrs. Harvey. Whatever they do in their business is respectable. It is not a massage parlor. He has been told and assured by the Harveys ' counsel that this has met all the criteria for this loca- tion. He hopes they will find in favor of them. Emmit Drew stated that he has lived in Wichita Falls 31 years. The town needs to grow. He feels it would be doing the Harveys ' a great injustice if this is denied. Marty Hendrickson, 3701 Cedar Elm, stated that until a year ago she went to Dallas with her business. Since she has been going to Head Lines, she is now staying here and having her hair done, pedicure, mani- cures, and buying clothes here. Mrs. Pennington, 2013 Hampstead, stated that the Harveys ' are ethical , and she supports their application for a shop in Shepherds Glen. She has been a client for fifteen years. Calvin Davis, Holliday Street, stated that he is the contractor that did the finish work on this building. He took out the permit as a general office. They were advised by Mr. McKinney that they would be doing this at their own risk. It was a way to avoid the technicality of waiting for a meeting to be held. He did not misrepresent his intentions in this matter. Councilman Buffum asked if he did anything to the exterior at all , and Mr. Davis stated that he didn' t. The cost of improvements was $23,000. The Planning Department did not give them any assurances that this would be allowed. It appeared to meet conditional use requirements. Mr. McKinney stated that his staff did not try to mislead anyone. They told him they could not issue a permit to a beauty shop. If he took out a permit for a general office, he was proceeding at his own risk. The Planning and Zoning Commission would make the final decision. Cindy King, No. 5 Triangle Circle, stated that she is the interior designer of the building, and also a customer of theirs. She knows they did not see any problem when they selected this site. This is a $50,000 decorating project. This is probably the most beautiful salon in Wichita Falls. Jerry Leopold, 2507 and 2509 Amherst, stated that he owns the next two lots after Mr. and Mrs. Earl Bennett. He is also representing three other families along Amherst, other than the three mentioned by Mr. Harper. He is not a lawyer. He had thought we would decide it on the issues, and not on the personalities. There is no ax to grind with either of the parties. They support zoning and growth in the city, but not to the detriment of encroachment into the neighborhoods. He has lived there eleven years. He corrected a statement of the counsel for the Harveys ' that the Planning Department issued a recommendation for approval . This is erroneous. They issued a report that it would meet the criteria for conditional use. He believes it would set a precedent if the Council overturns the recommendation of the Planning and Zoning Commission. He requested that the Council approve their recommendation and that the beauty shop in that location be denied. He stated that he is opposed to the zoning they now have in that area. He favored single family 636 Item 4b, cont'd. residences. People who were in opposition to this beauty shop either stood or raised their hands. He stated that they have more to lose than many of those who have come to represent the other side. He requested that the Council approve the decision of the Planning and Zoning Commission for denial of the conditional use. Councilman Buffum asked about the precedent, and what he meant? Mr. Leopold stated that he feels if the conditional use were approved, that the next lot down, when it is sold, might be a conditional use that would be distasteful to the residents. Every little bit of erosion of the zoning ordinance dilutes its effectiveness. Councilman Hirschi asked to what extent the Food Emporium has created this animosity? Mr. Leopold stated that he is the fourth lot down, and all he hears is the banging at the Emporium. There is no fence along there, except behind Mr. Walker' s building. In June when they took out the general office permit, they knew there was a distinct possibility that it might not be approved. The issue is whether the Council should over-ride or approve the Planning and Zoning recommendation. He does not believe there is any way a compromise can be worked out. They compromised once, and he was against it. Bob Mathews, 2616 Bretton Road, stated that he had lived there almost twenty years. He is a member of the Architectural Committee for Sikes Estates. His main concern is not the beauty shop per say, but the ongoing problems down the road. Once a non-conforming use is approved, it is very difficult to go back and rectify the situation. If one exception is made, it is difficult to change it later. When limited commercial runs into single family, it is difficult to control . Councilman Hirschi asked Mr. McKinney to address the staff recommendation on criteria for conditional uses, such as this. Mr. McKinney stated that they evaluate the request, and try to make a staff recommendation on whether the criteria meets the conditional use. They decided that it did in this case. Mr. Leopold asked Mr. McKinney if he recommended the approval of the conditional use application? Mr. McKinney stated that they did in a way of saying that they recommended the conditional use of the property. Mr. Berzina stated that on the aqueduct, they recommended that the City hang on to it for possible future use. It is city property. There are no plans at present for its use. Councilman Hirschi asked if they had addressed any conditional uses which went to court? Mr. Hodge stated that the property at Brook and Elizabeth, which was an appeal from the action of the Zoning Board of Adjustment. The decision of the Zoning Board of Adjustment was upheld in this case. Councilman Kirkham asked what can be used in this area in limited commercial that meets conditional use? Mr. McKinney stated that part of the process is taking a look at the development on the particular site, size, traffic generation, etc. He mentioned a convenience store, etc. On this, the site has been developed. There is a building with two suites. There has been no physical change to the site. That is the reason he feels there would not be any impact to that area. Councilman Kirkham asked how many times we have changed zoning in the past year and a half? Mr. McKinney stated that there have not been many rezoning requests. Only the property owner, the City Council , or Planning and Zoning can initiate rezoning requests. There have been several conditional uses which have gone to the Planning and Zoning Commission; probably five or six a month. He stated that he recommended approval to the Planning and Zoning Commission because there were no outside changes. On any remaining lots, they would have to take a look at what is proposed. Each would have to be looked at individually. Only the same type of business under the general service classification could go in that particular place. To change from a beauty shop to a convenience store, it would have to go through the conditional use process. Councilman Buffum stated that leaving off the emotionalism, he personally cannot see how that business can be visible from the residential area. He will vote in favor of granting the waiver. Councilman Hirschi feels that further buffering will shield the residents. 637 Item 4b, cont'd. Councilman Thompson sympathizes with both the Harveys' and the home- owners. He would hope that if they vote aye, they would move forward in trying to develop a buffer to further protect their property. Councilman Thomas stated that he feels sympathy for the businessman, but he will have to stay with the homeowners until someone else shows him different. Zoning is for the protection of our residences. The motion to allow the conditional use was carried by the following vote. Ayes: Councilmen Hirschi , Thompson, Buffum, and Kirkham Nays: Councilman Thomas Item 4c Discussion was held on an ordinance requiring all vehicles in excess of 4000 pounds gross vehicle weight carrying rock, fire residue and demolition disposal , or construction debris, to utilize the landfill , rather than the transfer station. Councilman Kirkham stated that he found out he was being discriminated against because he had a pickup that weighed over 5000 pounds. It was stated that there were three complaints per week. It is a very difficult problem for the people in the scales to come out there and look at a pickup and say that you can't dump it there. The weight limit on the vehicle does not necessarily mean you will damage the trucks. It took a 50-mile drive to dump the material he had. He favored the Number 2 recommendation. Mr. Bonnett suggested a minimum $3.00 charge for everything in the pickup, or $12.00 per ton. Councilman Hirschi asked if this would recover the City' s cost? Mr. Bonnett did not believe it would. He stated that anything in an automobile can be dumped. Joe Leonard, Sanitation Superintendent, stated that they will try to comply with the intent of the ordinance, whatever is passed. In all cases the citizens express their disapproval , but may not necessarily complain. Councilman Buffum asked how the 4000 pounds was arrived at? Mr. Bonnett stated that it was a random figure. They would be quite comfortable in changing it to a higher gross vehicle weight. Councilman Kirkham stated that he is looking for some alternate on what can be dumped at the transfer station. If a lot of people are going to use the transfer station, then we have a lot of people going to the dump that don' t need to be going there. Mr. Bonnett stated that this is having an adverse effect on the service because of the long lines. It is twelve miles from the transfer station to the landfill . Councilman Kirkham suggested that they keep records of the number of people who are turned away, and how many complaints they have. He requested an update on this very soon. Mr. Berzina felt three months would be about right. Item 4d Robert Parker discussed future airport needs, stating that studies were made on this in 1973 and 1980. In 1983 it was determined that another facility was not needed, but a decision was made to leave it in the Texas plan. It will be dropped from the plan later this month by the Texas Aeronautics Commission. Item 10a A proposed ordinance was presented rezoning certain lots on North Rosewood Street, between Elwood and Roosevelt Streets, from single family residential to residential mixed use. A motion was made by Councilman Hirschi , and seconded by Councilman Kirkham, for its passage. David Williams appeared as minister of Eastside Baptist Church. He stated that he feels we should look way down the road because this 638 Item 10a, cont'd. will change the neighborhood. The selling of intoxicating beverages will cause changes. He would like the ordinance to stay like it is. Neighbors across the street are opposed to changing it. There are a lot of children in this neighborhood. He noted that Davenport Grocery Store does not sell beer and wine. He understands that Community Grocery does. He stated that he is not opposed to residential mixed use, but is opposed to conditional use for beer and wine. Councilman Thompson noted that this street is not conducive to residential mixed use, and can have a detrimental effect on the community. He cannot vote for this. Most people are opposed to beer and wine sales. We need to take into consideration what tomorrow holds for us. There are other places for this use, such as Flood Street, Eastside Drive, and Rosewood and Edison. Mr. McKinney noted the differences in single family four and residential mixed use. Single family prohibits any commercial uses. Residential mixed use would allow for any number of a variety of commercial uses. Off premise sale of beer and wine would be allowed, but not the sale of hard liquor. Other uses mentioned were day care centers, private recreational uses, livestock, oil drilling, etc. There is a wide range allowed in residential mixed use. The motion for passage of the ordinance failed by the following vote. Ayes: None Nays: Councilmen Hirschi , Thomas, Thompson, and Kirkham (Charles Harper, Mayor, and Councilman Buffum were not present in the room. ) Item 10b A proposed ordinance was presented rezoning Block 15, Floral Heights Addition, from single family residential to general commercial . A motion was made by Councilman Kirkham, and seconded by Councilman Hirschi , for its passage. Mr. McKinney stated that this action will require six affirmative votes because more than twenty percent objected. Dr. Al Witcher, 2100 Santa Fe, represented people in the Vantage Point, stating that they are opposed to this. Since only five council members were present, a motion was made by Councilman Buffum to table this matter. Motion seconded by Councilman Kirkham, and carried unanimously. Sandy Goff, 3213 Beech, stated that a realtor contacted Mrs. True, and they stated they did not intend to appear tonight. Mr. McKinney will check with them to see if they intend to withdraw. Item 10c A proposed ordina.nce was presented rezoning Lots 1-8, Bateson 2nd Addition, from single family residential to limited commercial . A motion was made by Councilman Kirkham, and seconded by Councilman Hirschi , for its passage. Emmit Drew, 4725 Cypress, stated that small businesses in this town have been hurt since rezoning. Fie also asked if the City is interested in additional park property, and the City Manager stated they are not. Mayor Pro tem Thomas asked Mr. Drew to stay with the subject being considered, and he sat down. Mr. McKinney explained this request. There were only three responses to the notification given from people within 200 feet. Two were in favor, one was opposed. Councilman Thompson stated that he is in favor of this, but would like the people who live there to respond in some fashion to it. It was noted that they have been notified twice, and have not responded. Moved by Councilman Thompson that this matter be tabled. 639 Item 10c, cont'd. Motion seconded by Councilman Buffum, and carried unanimously. The City Council recessed at 8:05 P.M. , and reconvened at 8:32 P.M. Item 10d ORDINANCE NO. 89-87 AN ORDINANCE AMENDING ORDINANCE 85-87, DEVELOPMENT FEE ORDINANCE, TO ADD ZONING FEES, AND REPEALING ALL FEES IN CONFLICT HEREWITH Moved by Councilman Hirschi that Ordinance No. 89-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 10e ORDINANCE NO. 90-87 ORDINANCE ALLOWING SALE, POSSESSION AND CONSUMPTION OF BEER, AND PROHIBITING THE SALE, POSSESSION AND CONSUMPTION OF OTHER ALCOHOLIC BEVERAGES, AT THE NEW SOFTBALL COMPLEX Moved by Councilman Kirkham that Ordinance No. 90-87 be passed. Motion seconded by Councilman Hirschi . Councilman Thomas explained that he had requested that the ordinance be drawn to indicate that beer only could be sold, possessed, and consumed, and only in paper cups. He also proposed an amendment that the license would be taken out by a private concessionaire, and not the City. Councilman Hirschi does not disagree that we would not do this, but he does not understand the necessity of having the ordinance. City Attorney H. P. Hodge explained that in considering the message sign on the score boards , we must give the Alcoholic Beverage Commission assurance that we will not be holding a permit, and selling beer. The amendment was carried unanimously. The ordinance, as amended, was carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 10f ORDINANCE NO. 91-87 ORDINANCE AMENDING APPENDIX A - SUBDIVISIONS, SECTION 8 CONSTRUCTION; REMOVING THE REQUIREMENT FOR CITY FORCES TO PROVIDE CONSTRUCTION STAKING FOR NEW SUBDIVISION STREETS Moved by Councilman Buffum that Ordinance No. 91-87 be passed. Motion seconded by Councilman Thompson. Some discussion followed, and the question was called by Councilman Thompson, seconded by Councilman Kirkham, and carried unanimously. The motion for passage of Ordinance No. 91-87 was carried by the following vote. 640 Item 10f, cont'd. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Items 5a-8c Item 6d was removed from the Council agenda. Moved by Councilman Kirkham that the consent agenda be approved. Motion seconded by Councilman Thompson. Item 5a ORDINANCE NO. 92-87 AN ORDINANCE WAIVING SECTION 25-69 OF THE WICHITA FALLS CODE OF ORDINANCES FOR THE SHRINE CIRCUS Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 5b ORDINANCE NO. 93-87 ORDINANCE MAKING AN APPROPRIATION FOR PURPOSE OF CONSTRUCTING A SOFTBALL COMPLEX AND AUTHORIZING THE TRANSFER OF FUNDS BETWEEN DEPARTMENTS FOR THE SAME PURPOSE Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6a The bid for annual office supplies was awarded, as follows. a. Office Supplies - Wilson Office Supply - $13,756.60 b. Binders - McBee Binders - $1 ,700.78 c. Envelopes - Union Envelope Company - $1,844.28 d. Paper - Empire Paper Company - $7,462.70 Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6b The bid for the City's insurance program was awarded, as follows. a. Williams Dwyer - $49,062 b. Fred S. James Company - $17,059 Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6c The bid for mobile radios for the Fire Department was awarded to General Electric, in the amount of $33,761. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6e The bid for a sprinkler system at Municipal Airport was awarded to Landscapes by Design, in the amount of $13,762. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None 641 Item 7a RESOLUTION NO. 162-87 RESOLUTION TO APPROVE CHANGE ORDER 2 TO CONTRACT WITH HYDROSTORAGE, INC. FOR CONSTRUCTION OF 1.0 MG ELEVATED WATER TANK Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Councilman Thomas requested that they look at the design for all new towers being built. Item 7b RESOLUTION NO. 163-87 RESOLUTION TO APPROVE CHANGE ORDER 1 TO CONTRACT FOR REPAIR AND PAINTING OF 0.5 MG NINTH STREET ELEVATED STORAGE TANK AND 0.3 MG JASPER STANDPIPE, ACCEPT THE PROJECT AS COMPLETE, AND AUTHORIZE FINAL PAYMENT Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 8a Minutes of the meeting of the Planning and Zoning Commission held September 3, 1987, were received. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 8b Minutes of the meeting of the Park Board held August 27, 1987, were received. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 8c Minutes of the meeting of the Board of Directors of Reinvestment Zone No. 1 , Tax Increment Financing, held August 25, 1987, were received. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 9a A public hearing was opened on revenue sharing. Jack Suggs, Engineer, explained the problems of Pawhuska Drive to Councilman Hirschi , who also mentioned the people on McGrath Creek who live where their property goes under water. David Potter, 4200 Scottsdale, stated that he spoke for the neighbor- hood. He wonders if there will be any hold-up on this project? Mr. Barrett explained that the only thing that might possibly hold it up is a federal court case on allocation of revenue sharing funds. Councilman Thompson mentioned the people in District 5 who appeared about their property washing away. Mr. Barrett stated that they came in 35 or 36 on the priority list. If there is money, they may be able to move it up. The public hearing was closed. 642 Item 9b ORDINANCE NO. 94-87 AN ORDINANCE APPROPRIATING FEDERAL REVENUE SHARING FUNDS Moved by Councilman Buffum that Ordinance No. 94-87 be passed. Motion seconded by Councilman Hirschi , and carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 9c A public hearing was opened on the 1987-88 budget and work program. Mr. Barrett explained that all of this had been covered in previous discussions. Linda Cook, 2811 9th Street, representing the Wichita County Heritage Society, and Judith Proctor, of the Kell House, appeared in regard to funds requested. Mrs. Cook requested that they be granted the funds for operating, instead of a special project. Steve Bennett, 4853 Boren, appeared as Vice President of the North Texas Hotel/Motel Association, stating that they were in agreement that Kell House was an appropriate use of the hotel/motel tax. He agreed with the museum and historic use, as opposed to the arts. Mr. Berzina asked what was the problem with the project? Mrs. Cook stated there isn' t a problem, but if they could use it for operating funds it would free some of the other funds of the Heritage Society for other projects which have not been developed at this time. They are looking at the garage in the back of the house to use the upstairs for offices, and open a gift shop in the lower part. They would like to enlarge a portion of the garage, and open a tea room. The Skyscraper is another project. The Depot Lunch Room is also a Heritage Society project. They are also working with the Railroad for a museum. Mr. Berzina asked what they would expect next year if they use this for operating expenses? Mrs. Cook stated that it is hard to commit one group a year in advance, but she feels they would be coming back again for funds. This request is for one year. It is possible that the next group might want to apply to the hotel/motel tax fund for a specific project. Mr. Bennett stated he believes it was the understanding of the Arts Commission that it would be moved from them to Kell House. The Council noted that Kell House fits into the maintenance division of historic structures. Councilman Thompson asked what the hotel/motel association would like to see funds spent for? Mr. Bennett stated that they would like to see a lot of effort placed in sporting activities and special events. The Activities Center may have unfair advantage because of non-taxing ability. Councilman Kirkham asked how they would feel about having an advisory committee from the hotel/motel association to advise the Council on how they feel money should be spent? They were in favor of that approach. The public hearing was closed. Item 9d Various line items within the proposed budget were considered on which one or more council members may have a conflict of interest. Mayor Pro tem Thomas called for a vote on the Main Street Project, in the amount of $50,000. He abstained from voting due to a conflict of interest. The vote carried by the following vote. Ayes: Councilmen Hirschi , Thompson, Buffum, and Kirkham Nays: None Moved by Councilman Thomas that $10,000 for the Kell House be placed in operations. 643 Item 9d, cont'd. Motion seconded by Councilman Hirschi . Councilmen Buffum and Kirkham expressed problems with the philosophy of how this money will be spent in operating funds. Councilman Thompson suggested that we look at and evaluate these programs. Councilman Hirschi feels we should pay attention to the hotel/motel recommendations. Mr. Berzina stated that this has been under discussion and scrutinty for several years. Councilman Thompson called the question, and it carried unanimously. The motion for the Kell House operations failed by the following vote. Ayes: Councilmen Hirschi , Thomas, and Thompson Nays: Councilmen Buffum and Kirkham Councilman Buffum noted that this money is already in the Arts Commission for them for a project. Linda Cook stated that they don' t have a specific project, and expressed qualms about the Council designating monies that the Arts Commission is responsible for. She feels it is preferential treatment. Councilman Buffum noted that it is not preferential treatment. They took the position that they had a project before the Arts Commission. She stated that they placed a project before the Arts Commission on August 31. A textile project was presented by Mrs. Cook. Mike Wilson, No. 4 Navasota, asked about the reason for lack of a vote. Mayor Pro tem Thomas stated that the Mayor had to take his wife home, and Mrs. Allred had a death in her family. He also noted that the Mayor had also expressed a conflict of interest on this matter. Mayor Pro tem Thomas called for a vote on funding for the Convention and Visitor' s Bureau, in the amount of $280,000. Councilman Thomas abstained from voting due to a conflict of interest. The vote failed by the following vote. Ayes: Councilmen Buffum and Thompson Nays: Councilmen Hirschi and Kirkham Mayor Pro tem Thomas called for a vote on funding the Neighborhood Centers in the amount of $4,381. Councilman Thompson abstained due to a conflict of interest. The vote failed by the following vote. Ayes: Councilmen Hirschi , Thomas, and Buffum Nays: Councilman Kirkham Mayor Pro tem Thomas called for a vote on funding for the Museum and Art Center in the amount of $22,500. The vote carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Mr. Barrett stated that if they want to include any money in the budget for the Convention and Visitors Bureau , they have to do it now. Councilman Hirschi would like some money set aside for special events. Councilman Kirkham stated that when the committee got instructions on how the money was to be spent, the hotel/motel tax was not in it. It was later put in. If they had had this money earlier it would have been distributed differently. Further discussion continued on this matter. Moved by Councilman Buffum that the Convention and Visitors Bureau 644 Item 9d, cont'd. be funded in the amount of $250,000, plus $15,000 for a special study, and $15,000 to be placed in contingency. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Councilmen Hirschi , Thompson, Buffum, and Kirkham Nays: None (Councilman Thomas abstained due to a conflict of interest. ) Item 9e Ed Barrett explained the items in the agenda which are proposed for equity funding. Councilman Hirschi desired further cuts. Mr. Barrett explained that these items would not necessarily translate to a lower tax rate, since they are coming from equity funds. Councilman Buffum would like us to try to get below the effective tax rate to keep taxes from going up. Councilman Hirschi would like to consider cutting the community service officers by $131,000, and reduce library books by $30,000. Other discussion continued. The City Council recessed at 10:20 P.M. , and reconvened at 10:35 P.M. Councilman Hirschi requested that the following items be discussed: — $131,373, Community Service Officers; $30,000, library books; $10,000 additional trees; $13,900 for acquatic vehicle; $100,000, Bridwell Park. Councilman Allred came in at 10:40 P.M. , with apologies for being late. Police Chief Harrelson addressed the community service officers in the war on narcotics by releasing officers to work in these areas. The narcotic problem is responsible for 85 percent of our armed robberies, burglaries , and thefts. The detective division is averaging $200,000 a month in recovered stolen property. Vandalism in parks is an issue. Further discussion continued on the budget. A motion was made by Councilman Thomas to accept the budget, as presented. Motion seconded by Councilman Thompson, and failed by the following vote. Ayes: Councilmen Thomas, Thompson, and Allred Nays: Councilmen Hirschi , Buffum, and Kirkham Further discussion continued, with Councilmen Hirschi making a motion to cut the community service officers back to six, take $10,000 out of the additional $30,000 for library books, remove $13,900 for the aquatic vehicle, reduce budget to $100,000 for Bridwell Park, take $20,000 from contingency, and $30,000 for the greenhouse. Charles Harper, Mayor, came in at 11 :05 P.M. He stated that he was watching this on the cable, and is shocked at what he is seeing here tonight. The budget has been discussed several other times. He came back to fight for this budget. It is time to get on with our city. If we don't do something this year we are setting ourselves up for a staggering increase next year. He also expressed unhappiness at the Council tabling one zoning item because people were not there who had been notified. There was no second to Councilman Hirschi ' s motion. Moved by Councilman Kirkham that $4,381 be put back in the CAC Neighborhood groups. Motion seconded by Councilman Hirschi , and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Allred, Buffum, and Kirkham Nays: None (Councilman Thompson did not vote, or engage in the dis- cussion. ) Councilman Kirkham would like to see us consider a matching fund for CAC neighborhood groups next time. 645 Item 9e, cont'd. Councilman Kirkham has a problem with this equity funding. He does not go along with the give away programs in the regular budget. Moved by Councilman Buffum that community service officers be reduced to six, cut library books by $15,000, omit trees and aquatic vehicle, include $4,381 for CAC neighborhood groups, and $24,965 for contingency. Motion seconded by Councilman Hirschi , and failed by the following vote. Ayes: Councilmen Hirschi , Buffum, and Kirkham Nays:Charles Harper, Mayor, Councilmen Thomas, Thompson, and Allred ORDINANCE NO. 95-87 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1987, AND ENDING SEPTEMBER 30, 1988, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY Moved by Councilman Buffum to reconsider the original budget proposal . Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None The motion for passage of Ordinance No. 95-87, adopting the original budget proposal , was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, and Allred Nays: Councilmen Buffum and Kirkham Item 9f ORDINANCE NO. 96-87 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1987-88 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY Moved by Councilman Thomas that Ordinance No. 96-87 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, and Allred Nays: Councilmen Buffum and Kirkham Item lla RESOLUTION NO. 164-87 RESOLUTION AUTHORIZING GRANT APPLICATION TO GOVERNOR'S OFFICE, CRIMINAL JUSTICE DIVISION FOR NORTH TEXAS REGIONAL DANGEROUS DRUG/ CONTROLLED SUBSTANCE TASK FORCE Moved by Councilman Thomas that Resolution No. 164-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. 646 Item lla, cont'd. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Mr. Berzina will write a letter for the Council to the legislature. Item llb RESOLUTION NO. 165-87 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING CONSULTING FIRM OF BIGGS & MATHEWS, INC. FOR A PRELIMINARY ENGINEERING STUDY ON SANITARY SEWER IMPROVEMENTS IN SOUTHWEST DRAINAGE BASIN Moved by Councilman Buffum that Resolution No. 165-87 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 Item llc RESOLUTION NO. 166-87 RESOLUTION TO ESTABLISH WATER RESOURCE TASK FORCE AND DEFINE THE FUNCTIONS OF THE TASK FORCE Moved by Councilman Thompson that Resolution No. 166-87 be passed. Motion seconded by Councilman Hirschi , with the following additions: add sewage collection and treatment facilities, League of Women Voters, Irrigation Installers and Suppliers, and Sierra Club. The motion carried by the following vote. Three at-large were also added. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item lld ORDINANCE NO. 97-87 AN ORDINANCE WAIVING THE RE-CONNECTION FEE PROVISION OF ORDINANCE NO. 41-85 FOR UTILITY COLLECTION ON CITY WATER ACCOUNT #08-037-09822 Moved by Councilman Hirschi that Ordinance No. 97-87 be passed. Motion seconded by Councilman Buffum. Councilman Kirkham stated that he knows this man, and he was incapacitated before he went to the hospital . Someone had to take care of him. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: Councilman Allred 647 ( Item Ile RESOLUTION NO. 168-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SPORTS SYSTEM DONATION AND USE AGREEMENT WITH AMERICAN SIGN AND INDICATOR CORPORATION FOR AN ELECTRONIC MESSAGE CENTER SYSTEM AT THE ACTIVITIES CENTER AND ELECTRONIC MESSAGE CENTER AND SCOREBOARDS SYSTEM AT THE SOFTBALL COMPLEX Moved by Councilman Thomas that Resolution No. 168-87 be passed. Motion seconded by Councilman Kirkham. Discussion was held on size and design of the sign. The City Manager will negotiate for a maintenance fee after the first year. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item llf RESOLUTION NO. 169-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE GOLF COURSE CONTRACT AMENDMENT NUMBER TWO WITH RDM FOR MANAGEMENT OF THE WEEKS PARK MUNICIPAL GOLF COURSE Moved by Councilman Hirschi that Resolution No. 169-87 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None i Item 12a Moved by Councilman Thomas that the bid for a fleet wash system Abe awarded to Fleet Washing Systems, Inc. , of Fort Worth, in the amount iof $77,925. Motion seconded by Councilman Thompson, and carried unanimously. Item 12b RESOLUTION NO. 170-87 RESOLUTION TO APPROVE AWARD OF BIDS FOR THE CONSTRUCTION OF VARIOUS PORTIONS OF THE SOFTBALL COMPLEX Moved by Councilman Thompson that Resolution No. 170-87 be passed. Motion seconded by Councilman Kirkham. Charles Harper, Mayor, expressed his disappointment that the softball complex has gone well over $900,000. The land cost was $191,000, with a total cost of $960,000. Councilman Thomas would like to see a first class restaurant put in. The motion was carried by the following vote. Ayes: Councilmen Thomas, Thompson, Allred, and Kirkham Nays: Charles Harper, Mayor, Councilmen Hirschi and Buffum Item 13a The City Council adjourned into executive session at 12:30 P.M. , September 16, 1987, according to Article 6252-17, Section 2, Paragraphs (e) and (g) , of the Revised Civil Statutes. PASSED AND APPROVED this day of l�' �l c,i ,1987. 1 wL- a ar— arles HaMp r, Mayor ATTEST: Wilma J. Thomas, CMC/AAE, City Clerk Page 3 about this matter. I have had to set back and let Mr. Harvey, his lawyer and friends make these accusations and others and only answer them when asked. As Mayor, I do not have any more rights in this city than any other person. I also should not have less rights than any other person, but at times it seems that way. With that I will stop and let you hear the evedences as presented to you. All our Zoning Ordinance is at this time is a protection for the residential neighborhoods. It has not grown into the full planning ordinance I know it will in the future. Take away that neighborhood protection and we have nothing . I will now turn over the prisiding of this meeting to the Mayor Pro-tern and I will leave the room. May God and the City Council have mercy on us ! (Please excuse the typing and spelling. I did it myself under great pressures this afternoon. ) Page 2 of the Council, Mr. Seabury and my neighbors compromised to allow GC where the Food Emporium is if Mr. Seabury would run Sheppards Glen through to SWParkway and zone the west side of Sheppards Glen Limited Commercial along with some Deed Restrictions listed in your Agenda . Now you need to know what the Zoning Ordinance says about LC. [Read from Zoning Ordinance] If the writters of the ZO had wanted General Service use allowed in the LC, they would have listed it as "permited" in stead of Conditional Use. Conditional Use is used to allow the neighbors to have some say as to what goes into their neighborhood. If they are allowed to break the "Permited Use" offices only allowed, then they could move out and any other Conditional Use allowed could move in. That includes convenience Stores. That is what the neighborhood does not want. We have in essence, Unzoned the area. The first time I officially knew this Beauty Shop/Message Parlor was to go in behind my home was when I got my notice from the Planning Department of the future hearing. I went to the hearing with my neighbors, made a presentation, like by neighbors, listened to the debate by P&Z and heard their unanimous decision not to allow the CU. The next week, my wife, who has gone to Mr. Harvey' s shop for years, was verbally attacked at the shop and left in tears. For Betsy to leave anything in tears other than a funeral is exceptional. I called Mr. Harvey about that and that was the first time that I heard the accusations of all the things I was supposed to have done. No truth to any of it. I am supposed to have contacted the Planning Department and caused them to redraw thier Building Permit -- false. I did not contact Planning until after I had heard the accusation (and after the P&Z Hearing ) to determine if they had indeed withdrawn a permit all ready issued. Mr. McKinney told me the whole story which is much deeper than that. I suggest you ask Mr. McKinney to tell just as he did me. To corroberate Mr. McKinney' s story, the date on the Building Permit issued to Mr. Calvin Davis is 23 June 1987 and the date on the Application for Conditional Use is 24 June 1987. By the way the BP is for "General Office" use of the building. Mr. Harvey accused me of going to the Planning Board members and getting them to vote the way they did. I did not talk to any one of them about this before or since except Tommy Hammond, a general contractor doing a job when he teased me about it. I have been accused of doing many things during my 4+ years on the Council, even had to appear before the WC Grand Jury once, which cleared the accusations. I will try to prove that to you all, the present Council. As you all know I have not talked to any one of you about this at all. I even refused yesterday to discuss it with Mr. Hirschi , suggesting it would be better to wait until tonight to talk about it. I have not used my office to influence anyone A STATEMENT TO THE COUNCIL CONCERNING CONDITIONAL USE PERMIT Sheppards Glen Beauty Parlor/Massage Parlor I make this statement to the Council, my neighbors and the persons seeking to appeal the unanimous decision of th Planning and Zoning Board NOT to allow the Conditional Use Permit for the Beauty Shop behing my home. I intend to make this statement as short as possible and to the point. This may not be our day. Only three homes on Amherst are ef_fecta by this request, according to the Zoning Ordinance while it really effect the whole neighboyhood. The effected are: Betsy and my home, which I will not be allowed to vote and choose not make any other presentation but this, Donna and Roy Sparkman, next door. Roy was to be our spokesman tonight but called this morning and is trapped in Fort Worth trying a law suit and can' t get back and Ray and Earl Bennett. The Bennetts have businesses in Graham and Olney and have been attending to that today so we will ask our next in line neighbor, Gerry Liepold. Gerry will be the spokesman for the effected houses tonight. Bob Mathews will speak for the Architectural Control Committee of Sikes Estates. That will be our soul presentations other than what I doing now. Mr.Harvey has accused me of using my office as Mayor of this city to cause the disapproval of his request. He has gone to several members of the media , including the newspaper, several of the radio stations, TV etc. How do I know this? Because they, the media , told me so. Mr. Harvey has told several common friends of his and ours that I have cost him $ 80,000 and will force him to go bankrupt. I don't how he reasons that. I have given you, tonight, a written history of the problems in our neighborhood concerning land use. I will try not repeat anymore of that than I feel is necessary to make my point. The whole problem started several years ago when the property between my house and Holliday creek was designated as park land by Louis Sikes. When Mr. Sikes lost the property in the late 60' s, its Wnership passed to persons outside WF who, because the title had�rassed to the city of WF, were not about to "donate" the property. When the Zoning Ordinance was written 3 years ago, the Land Use Committee writting the Ordinance first made it Single Family as is all the surrounding area. After Mr. Seabury (the owner then) objected, wanted it General Commercial (GC) , the Committee changed it to Limited Commercial (LC) -- all of it. Our neighbors and we objected to the Committee but it remained LC. It came to the Council for passage and again Mr. Seabury wanted it changed to GC. I met with Mr. Seabury, trying to compromise the issue. In front