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Min 03/15/1988 781 I Wichita Falls, Texas Memorial Auditorium Building ";arch 15, 1988 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 Thomas Mayor Pro tem John Hirschi - Angus Thompson - Ruth Ann Allred - Councilmen Ron Buffum - "� Don Kirkham - Louise Houseworth Asst. City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Charles Harper Absent James Berzina Absent The invocation was given by !.!a ,-ne Blackshear, West Side Baptist Church. 1 t�B1 3 Moved by Councilman Kirkham that minutes of the meeting held March 1 , 1988, be approved. Motion seconded :. y Councilman Thompson. Councilman Hirschi noted a correction in Item 4b to dependency of property tax hos increased thirteen percent over the last two years. The motion, with correction, carried unanimously. Item 4a Retired Colonel Louise Marshall , involved in the Horse Commission, presented directories to each Council member. Judge Tom Bacus made a statement concerning Item 9e. He addressed a requirement of holding a public hearing, stating that he and his neighbors have had the experience of having a private club right at their back door, without a public hearing. He would appreciate it if the Council would vote to amend the ordinance so that they will be brought into the same restrictions as other bars. It is a way to allow the citizens a voice in the process before anything has been done about it. He also mentioned the noise. Councilman Hirschi asked if the noise ordinance has been weakened in the last several years? Mr. Hodge explained that it has not been weakened, but the matter of proof is sometimes difficult. Judge Bacus did not think this is unique to his neighborhood, but feels it should be addressed. 782 Item 4a (Cont'd. ) Hank Anderson and Bill Gahagan appeared as representatives of the North Texas Rehabilitation Center, stating that the first tournament at the softball complex will be held April 15, 16, 17, 1988. They hope to get about sixty teams, and they are raising money solely for the Rehabilitation Center. They hope this will be the first of an annual event. They need the City' s help on concessions, and would like to do the concession for this tournament. They also requested that corporate sponsors be allowed to hang banners out there. They also requested fee waivers. If this is not possible, they would ask for $5,000 of the money set aside for special events. Mayor Pro tem Thomas stated that we have an item on the agenda to award the bid for the concession. We really do not have a policy yet, for our softball complex. He believes this should be brought back at the next council meeting. If we waive it for them, everyone will request it. He asked that they work with the City Manager and City Attorney before the next meeting. Councilman Buffum asked about the opening date of the concession stand. Mr. Bonnett believes it will be May 1 , 1988, plus or minus two weeks either way. The Rehabilitation Center had better plan that the food concession will not be there on April 15, 1988. Lloyd Gillis, 5310 Montreal Drive, stated that March 26 will be the date for the great Easter egg hunt in Lucy Park. He is a professional photographer, and is putting together a promotional for children three to nine years of age. He would like to have a goat pulling a cart for this event to photograph the children. He plans to charge $6.00 for a 6" X 4" color print. Mayor Pro tem Thomas noted that no legal action can be taken since this matter is not on the agenda. He suggested that Mr. Gillis work with the City Manager and Jack Murphy on it. Mr. Murphy stated that he had already told Mr. Gillis "No" , because he felt it was probably not in character with this event, but also in- formed him that he could appear before the City Council . Mr. Hodge explained that the liability is something we need to be concerned about. He would think they would want him to have insurance. Jim Bracket, 4600 Tammy Drive, appeared as Chairman of District 5 Neighborhood Group. He thanked the Council for various improvements made in that district, stating that a large part of it is due to Don Kirkham, who attends all their meetings. He read, and presented to Don Kirkham, a petition requesting him to reconsider his decision and run for City Council . Mayor Pro tem Thomas expressed his appreciation for Councilman Kirkham' s work on the City Council . Councilman Kirkham thanked District Five, and others throughout the city, for their support, stating this makes it hard to not be a candidate. Item 4b Councilman Thompson extended congratulations to the Hirschi Huskies for runner-up in the State Championship basketball tournament. He compli- mented them and the sportsmanship exhibited. Councilman Thompson also requested an ordinance for a 10:00 P.M. curfew in neighborhood parks and adjacent streets. He also requested restriction of possession and consumption of alcohol and drugs in these parks and adjacent streets. City Attorney H. P. Hodge stated that we already have such an ordinance in all parks and adjacent streets except at Weeks Park Shelter, Lucy Park Shelter, and Weeks Park Golf Course. Curfew is 12:00 midnight in all parks, except in cases where special events are being held. 783 Item 4b Cont'd. l Councilman Thompson would like an amendment brought back to establish curfew at 10:00 P.M. in neighborhood parks. The curfew is being violated in some parks. Councilman Kirkham echoed the sentiments of Councilman Thompson on State runner-up for the Hirschi Huskies in the basketball tournament. He also congratulated Archer City and Paducah for winning their State championships. He suggested some type of honorary appreciation to them. Mr. Hodge explained that a resolution has been passed by the Council on previous occasions for this type of achievement. Councilman Hirschi asked about putting speed bumps on an alley near K -Mart where speeding is occurring. Mr. Bonnett explained that there is an extreme liability attached to it. It would be better to look at the speed limit and try to get more enforcement. fair. Hodge agreed. Mr. Parker stated the speed limit is fifteen miles per hour, and he will post it. Capital improvements items mentioned by Councilman Hirschi were addressed by Mr. Bonnett. Councilman Hirschi also mentioned an energy audit and adult entertainment zone information. Miss Houseworth stated that she has information on both to pass out. Louise Houseworth stated that she would like the Board and Commission handbook to be looked at by the Council . Mr. Hodge stated that it will be on the next agenda. Otimbsie Prince, 1115 Thompson Road, stated that water is coming across her property from a lake behind her house. Mayor Pro tem Thomas referred her to Mr. Bonnett' s office. Items 5a-8i Item 7b was pulled from the agenda . Items 6a, 8f, and 8i were moved to the regular agenda. Moved by Councilman Buffum that the consent agenda be approved. Motion seconded by Councilman Thompson. Item 5a Ordinance No. 25-88 ORDINANCE REPEALING ARTICLE II OF CHAPTER 25 OF THE CODE OF ORDINANCES, WHICH REGULATES DANCE HALLS. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Ordinance No. 26-88 ORDINANCE REPEALING DIVISION 1 OF ARTICLE III OF CHAPTER 25 OF THE CODE OF ORDINANCES, WHICH REGULATES DOMINO PARLORS. 784 Item 5a (Cont'd. ) Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 6b Resolution No. 41-88 RESOLUTION APPROVING THE APPRAISAL OF PARCELS #27, #27- A, #28, AND #48 - S FOR THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 6c Resolution No. 42-88 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE GREATER WICHITA FALLS SOCCER ASSOCIATION. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 7a Resolution No. 43-88 RESOLUTION TO ACCEPT PHASE F CONCRETE APPROACHES AT THE SOFTBALL COMPLEX AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 7c Resolution No. 44-88 RESOLUTION TO ACCEPT PROJECT FOR PAINTING AT JASPER STREET WATER TREATMENT PLANT AND 402 EAST SCOTT, AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 8a ` Minutes of the meeting of the Kemp Public Library Advisory Board held February 1, 1988, were received. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 8b Minutes of the meeting of the Traffic Safety Council held February 3, 1988, were received. 785 Item 8b (Cont'd. ) Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 8c Minutes of the meeting of the Kemp Public Library Advisory Board held February 8, 1988, were received. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 8d Minutes of the meeting of the Planning and Zoning Commission held February 10, 1988, were received. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 8e Minutes of the meeting of the Zoning Board of Adjustment held February 17, 1988, were received. Ayes: Mayor Pro tem Thous, Councilmen Hirschi , Thompson, Allred, Buffer,;, and Kir�ham Nays: None Item 8g Minutes of the meeting of the Commission on Aging held February 3, 1988, were received. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 8h Minutes of the meeting of the Board of Directors of Reinvestment Zone No. 1 , Tax Increment Financing, held February 17, 1988, were received Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 6a Resolution No. 45-88 RESOLUTION APPROVING THE APPRAISAL OF PARCELS #22, 22 - A, #23, #23-A, #24, #25, and #26 FOR THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Moved by Councilman Allred that Resolution No. 45 -88 be passed. Motion seconded by Councilman Hirschi . 786 Item 6a (Cont'd. ) Councilman Buffum asked about tax and mowing liens owed on property. Mrs. Chasteen stated that if there is any excess of the appraisal they would get it. In some cases they offer them a token amount of $50.00. The motion was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 8f Moved by Councilman Allred that minutes of the meeting of the Park Board held February 22, 1988, be received. Motion seconded by Councilman Kirkham. Councilman Buffum noted discussion on signs placed at the softball complex, and asked if the Park Board was unaware of the action taken by the City Council ? Mr. Murphy stated that he was sure they were aware that the Council had taken action on signage, etc. Mayor Pro tem Thomas believed they were aware of it. Councilman Kirkham asked that the Park Board study signs for sponsors. Councilman Thompson referred to Item Number 4 on Page two of three, stating that when he reads these minutes it does not give him much confidence that the tourna- ments have been advertised and solicited. It was his recollection that they were going to advertise in a softball magazine. Mr. Murphy stated that George Studdard is doing a good job by word of mouth. They are looking at a brochure for advertisement. Councilman Kirkham requested that the Park Board study the concession operation as far as the teams are concerned. If a waiver for the first tournament is granted, then every tournament would want a waiver. We need a strong policy on this . Mr. Murphy stated this will be on the Park Board agenda at their next meeting. Councilman Kirkham also asked if tennis tournament requests go through the Park Board? Mr. Murphy stated that they don't. We have not had any consistency on this, but they can do it. Sometimes there is a time problem. Councilman Kirkham noted that a time problem would be their fault, and we should not honor a waiver for those things. This matter should be placed on the April 5 agenda. The motion to receive minutes of the Park Board meeting was carried unanimously. Item 8i Moved by Councilman Thompson that minutes of the meeting of the Board of Directors of Reinvestment Zone No. 1, Tax Increment Financing, held February 23, 1988, be received. Motion seconded by Councilman Buffum. Councilman Hirschi asked about removal of property from private hands into the public domain if canals, civic center, etc. are built? Subir Murkejee, Planning Department, addressed this, stating that the value of existing property is very minimal at this time. They are seeing some growth in the Northwest Sector, but not in the river develop- ment area. Councilman Buffum noted comments made by Mr. Cook regarding the decision of the Council to settle a condemnation case. Mr. Hodge address- ed this situation, as to why it was not appealed. We are loo;<.ing at a year in the appellate process which could extend into several years. 787 Item 8i (Cont d. ) If we came out with a much lower award, the chances are that a ten percent interest would end up with more than the award. You are always concerned about establishing a value. It may tend to establish a price when dealing with private owners, but it does not establish a price in a condemnation case. Councilman Buffum noted that the City was in a Catch 22 situation. There is another side, and he disagrees with Mr. Cook' s comments. The motion to receive the minutes was carried unanimously. Item 9a Ordinance No. 27-88 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, BY ANNEXING CERTAIN TRACT OF LAND ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACT OF LAND AND SERVICE PLAN FOR SUCH TRACT OF LAND ARE DESCRIBED IN THIS ORDINANCE. Moved by Councilman Kirkham that Ordinance No. 27-88 be introduced. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 9b Discussion was held on a proposed ordinance waiving penalty and interest provisions of Ordinance 48 -83 for delinquent taxes due to City on Tax Account Number 0640-085-0000. Moved by Councilman Hirschi that the ordinance be passed. The motion was seconded by Councilman Allred, who asked about the policy on this if it is not our mistake? She stated that it seems Mrs. Ferguson has documented very well that although it is not our fault, but it was not her fault. Mr. Werner stated that the law is very clear that if it is the fault of the City it can be waived. He cannot support this waiver since it is not the City' s fault. Councilman Hirschi stated that he hates to go against Per. Werner' s recommendation, but she responded so quickly. Mr. Werner stated that the burden of proof is on the taxpayer. We do not have a letter or postmark. He feels it is a bad precedent. City Attorney H. P. Hodge stated that the Tax Code pretty well eliminates our rights to waive penalty and interest. The taxpayer has alternative ways to get the check to the City. It can be mailed or brought to the City in person. If they choose to use the mail , then they should do so knowing there is a tiny risk that it won't be delivered. It seems this nice lady gambled and lost. Through no fault of the City, the check did not make it. He does not believe the City has the right to waive it unless it is the City's fault. The motion failed by the following vote. Ayes: 'None Nays: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Item 9c Ordinance No. 28-88 788 Item 9c (Cont'd. ) ORDINANCE WAIVING SECTION 9B 2A OF THE COMPREHENSIVE SUBDIVISION ORDINANCE WITH RESPECT TO THE REPLAT OF LOT 1 , BLOCK 73, EAST SIDE GARDENS Moved by Councilman Thompson that Ordinance No. 28 -88 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 9d Ordinance No. 29-88 ORDINANCE AMENDING SECTION 8 -27 OF THE CODE OF ORDINANCES TO REMOVE THE REQUIREMENT THAT A LOCAL NON PROFIT- ORGANIZATION HOLDING AN ITINERANT MERCHANT' S PERMIT OBTAIN A SURETY BOND Moved by Councilman Allred that Ordinance No. 29- 88 be passed. Motion seconded by Councilman Hirschi . Councilman Buffum confirmed that the bond is still required for every non -profit organization located outside the City limits, as well as all other itinerant merchants. The motion was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 9e Discussion was held on a proposed ordinance to clarify the definition of private club and the regulations for establishments holding private club registration permits under the Texas Alcoholic Beverage Code, and regulating them in a similar manner, as establishments that have on -premise alcoholic beverage sales. A motion was made by Councilman Buffum, and seconded by Councilman Kirkham, for its passage. Mr. Hodge and Mr. Murkejee addressed incidental use, stating it is not primary in nature. Councilman Buffum was concerned that if there is a residential neighborhood nearby, this would not help the situation brought up by Judge Bacus. The neighborhood would not be notified within 200 feet. Mr. Hodge stated that there is such a big difference between land use impact and a restaurant that serves wine and beer, as opposed to a lounge. It would seem to be reasonable to allow a restaurant to serve wine and beer where you would not allow a bar. If we make all of them a conditional use, and prove to Planning and Zoning that it would not have an impact on the residential use, it would not seem to be a legal problem. Councilman Kirkham noted that Judge Bacus ' complaint was the noise, and not the serving of alcohol . Mr. Murkejee stated that any new construc- tion has to meet some separation requirements. Councilman Hirschi does not think the additional thirty feet would satisfy the noise require- ment. He is concerned that people can come and say it is incidental use. It might be better to give the public a chance to respond. Mr. Hodge explained that the old 70 - 30 percent was incidental to food service; not other activities. 789 Item 9e (Cont'd. ) Councilman Thompson concurs with Councilman Hirschi ' s comments, and give citizens a chance to voice their opinions to it. He would hope it would be brought back for conditional use, and give people a chance to voice their opinions who are affected by it. Moved by Councilman Kirkham that it be tabled for re-work. Motion seconded by Councilman Hirschi , and carried unanimously. Item 9f Discussion was held on a proposed ordinance amending Chapter 14, Section 14 - 37(A)(2) of the Code of Ordinances (Electrical Code) . A motion was made by Councilman Kirkham and seconded by Councilman Hirschi , for its passage. Joe Adair, 2410 Holliday, stated that it is only right that the City would be qualified to install electrical work the same as he has to do. If they want to take the examinations and be qualified, then that would be satisfactory to him. If the City had an industrial electrician on its staff, he would be satisfied. Dan Shine, 4110 Hughes, stated that he is a master electrician and Chairman of the Electrical Advisory Board. He was concerned that it did not come to the Electrical Advisory Board. The problem here is that when the wording was changed before, it would allow a department in the city to do work. Street lighting was left in because it was taken over by TU Electric. It seems that if there are enough people in the Traffic Department to do electrical work, then perhaps they may have too many people. Robert Parker, Traffic Director, stated that this went through the Electrical Board in 1986, and was approved. The wording was identical to this . The staff has not done any inside work. They have put up two guard lights, which they are authorized to do. Mayor Pro tem Thomas stated that in January, 1987, a new electrical code was adopted, and this was left out. Joe Adair noted that several other cities contract out their street lighting. Mayor Pro tem Thomas stated that they asked if anyone was willing to bid on a contract, and only one or two were willing to do that. This is a 365 days a year job. These crews are on duty. Many times immediate attention is needed. This is the reason we purchased this equipment. It was noted that Fort Worth and Arlington contracted, and it was not economical . Eddie Patton, 4109 Thomas, stated that he is opposed to amending the city code. He has no problem with the street lights, but not mainten- ance. If anyone wants to get a license, he does not have any problem with them doing the work. He mentioned a track at Barwise School in which the power could not be turned on until it was corrected. He stated that Mr. Parker should have a master' s license, and his people should have journeyman' s licenses. Mr. Parker stated that they do their own inspections on street lights. The Inspection Department did not perform the inspection. Earl Potts stated that they have been talking about an industrial electrician license for several years. Once this has been done, they have the right to do everything. Certainteed recently got some of their people licensed as industrial electricians. Mayor Pro tem Thomas noted that Mr. Parker did not bring this back to the Council . The City Manager did. He suggested that it go back to the electrical board. Mr. Parker had previously stated that two people are in school studying to get their license. Councilman Thomas pointed out that our people who are licensed electricians gave the Council the okay on the Barwise track. Councilman Thompson requested 790 Item 9f (Cont'd. ) that the work done by Mr. Parker' s department be inspected at a reasonable time. He believes when this comes back we need to have very clear information on what we need to do. Councilman Kirkham asked who is maintaining street lights and traffic signals? Mr. Parker stated that the ordinance gives his department the right to do it. Mayor Pro tem Thomas stated that he believes the electrical industry agrees with everything in this ordinance except the part which says "and other City owned property" . Dan Shine stated that when the electrical board approved this wording it was interpreted to mean that guard lights were on poles. There was no problem in this as long as the people were licensed. Miss Houseworth stated that Mr. Parker cannot do maintenance at Martin Luther King Center, the library, or some other city properties. She believed the City Manager placed this on the agenda to save the City money, and proceed with the safest operation of the City. Councilman Kirkham doubts that all buildings downtown have maintenance electricians. He wondered if we could break this down into maintenance. Mr. Parker explained that TU Electric still owns the park lighting. Moved by Councilman Thompson that this matter be tabled, and that the City Manager meet with the Electrical Advisory Board. Motion seconded by Councilman Hirschi , and carried by the following vote. Ayes: Councilmen Hirschi , Thompson, Allred, and Buffum. Nays: Mayor Pro tem Thomas and Councilman Kirkham The City Council recessed at 10:45 A.M. , and resumed at 11:05 A.M. Item 9g Ordinance No. 30-88 AN ORDINANCE REZONING LOTS 12 -15, BLOCK A, WARFORD SUBDIVISION, WICHITA FALLS, TEXAS, FROM LIMITED COMMERCIAL TO GENERAL COMMERCIAL ZONE Moved by Councilman Allred that Ordinance No. 30-88 be passed. Motion seconded by Councilman Hirschi . Ken Cooley, Wichita General Hospital , noted that this is rezoning for Warford and Brook Street property to develop into parking. Mr. Murkejee addressed the reason for the staff' s opposition. Some houses would face directly at Brook Street. The motion was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 9h Ordinance No. 31-88 ORDINANCE WAIVING SECTIONS 22 -1(a)8 AND 22 -1(a)9 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF FOOD AND SOFT DRINKS AND THE POSTING OF ADVERTISING DEVICES AT HAMILTON PARK TENNIS CENTER FOR A TENNIS TOURNAMENT TO BENEFIT DRUG FREE NORTH TEXAS, INC. , ON APRIL 8, 9, AND 10, 1988; 791 Item 9h (Cont'd. ) Moved by Councilman Hirschi that Ordinance No. 31- 88 be passed. Motion seconded by Councilman Allred. Councilman Thompson stated that he is opposed to waiving all fees. We have other situations that request the same thing. Councilman Buffum agreed with this. It was suggested that Paragraphs (b) and (d) be struck from the ordinance. Jo Alice Davis, 4406 Ridgemont, hoped the fees could be waived as a means of funding the Mayor' s and community' s war on drugs. The amount of income was discussed. Councilman Hirschi stater that we have a real problem with granting these waivers. He would personally much prefer to see her make a request for some of the hotel/motel funds for special events, rather than just waiving fees. Councilman Allred stated that she did not have a problem with the food concessions since nothing is offered at the tennis center except machines. Councilman Buffum asked how the waiver of food concess- ions would be handled at the softball complex? Mr. Murphy is recommending an exclusive operator there. The $2.00 to the City is to justify maint- enance and lighting of the courts. Councilman Hirschi expressed support of the program. An amendment was moved by Councilman Buffum that Items (b) and (d) be struck from the ordinance. Motion seconded by Councilman Thompson, and carried unanimously. Ordinance No. 31 - 88, as amended, was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 9i Discussion was held on a proposed ordinance waiving the landfill fee provisions, and approving refund of landfill fee to North Texas Waste Disposal (for Twelve Steps Club) . A motion was made by Councilman Hirschi , and seconded by Councilman Buffum, for its passage. Assistant City Manager Louise Houseworth stated that she did not favor waiving the fee because it is the first time, and it would set a precedent. If we paid it out of city funds it would also set a prece- dent, and other worthwhile organizations would request a waiver of it. Councilmen Hirschi and Buffum expressed that they would like to do something to help; however, Councilman Buffum was not comfortable with writing a city check. Councilman Kirkham stated that they should know that a dump fee was going to be charged. Miss Houseworth stated that she believes they were aware of it. Councilman Kirkham is opposed to fee waivers. Perhaps a payment schedule could be worked out. He noted that the Smiths should know there is an expense of operation. Mr. Bonnett stated that as the recipient of many requests for waivers of fees daily, they deal with a deluge of churches and charitable organizations. He is reluctant to suggest to them that this would be a viable thing to do. Councilman Kirkham stated that he would not want to give them any money, but, the City Manager work out a method to satisfy the bill . Miss Houseworth stated that she would like some direction. The motion failed by the following vote. 792 Item 9i (Cont'd. ) Ayes: None Nays: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Item 9j Ordinance No. 32-88 ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW AT THE NOTRE DAME HIGH SCHOOL 12TH ANNUAL SPRING FESTIVAL ON APRIL 29 AND 30 AND MAY 1 , 1988, AUTHORIZING TEMPORARY ON PREMISE SALE OF WINE AND BEER PURSUANT TO SECTION 5420(5) OF THE ZONING ORDINANCE, AND WAIVING THE REQUIRE- MENTS OF ORDINANCE NO. 63 -85 TO ALLOW THE KEEPING OF THREE COWS ON THE PREMISES DURING THE FESTIVAL. Moved by Councilman Hirschi that Ordinance No. 32-88 be passed. Motion seconded by Councilman Kirkham. A woman from Iowa Park explained their request for cow pattie bingo, stating they did it illegally last year. The motion was carried by the following vote. Ayes: mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Buffum, and Kirkham Nays: None (Councilman Allred was out of the room to present a proclamation. ) Item 9k Ordinance No. 33-88 ORDINANCE APPROPRIATING FUNDS FROM THE GENERAL FUND FOR ADDITIONS TO THE MUNICIPAL TENNIS CENTERS FOR THE SUPER SECTIONAL TO BE HELD JUNE 1988. Moved by Councilman Buffum, for discussion, that Ordinance No.33-88 be passed. Motion seconded by Councilman Hirschi . Councilman Hirschi stated that he has some problem with this after voting $42,000 at the last council meeting for resurfacing. He would hope the tennis association would come forward with some ability to raise a portion of this money, rather than just coming to the City for 100 percent financing of their operation. Miss Houseworth mentioned that expenditures of less than $5,000 might be needed, and those expenditures would be Items 3-6 in the memo. Discussion was held on the priority items. Councilman Buffum noted that after we go through the budget, items just start to appear and keep appearing. This is an item that was not budgeted. We are talking about equity dollars being spent. He has great problems with this. Jack Murphy stated that player benches, and chairs would be priority. Item 6 could be deleted. Councilman Thompson believed they should come up with their own resources. We should do what is necessary to get the tennis tournament going. An amendment to the motion was made by Councilman Buffum to fund Items 3, 4, and 5, in the amount of $4,320. Motion seconded by Councilman Thompson, and carried by the following vote. 793 Item 9k (Cont'd. ) Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Buffum, and Kirkham Nays: None (Councilman Allred was out of the room. ) Councilman Kirkham confirmed that fees were waived on the State tournament. The motion for the Ordinance, as amended, was carried by the follow- ing vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Buffum, and Kirkham Nays: None (Councilman Allred was out of the room. ) Item 9m A proposed ordinance was presented granting a waiver to Ordinance No. 63 - 85, Section 5 -15 and Section 5 -45, to allow an adult rooster and chickens to be kept at 1209 Santa Barbara by Joyce Darnell . The item was defeated by lack of a motion. Item 9n Ordinance No. 34-88 AN ORDINANCE SUBMITTING PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF WICHITA FALLS, SETTING FORTH THE PROPOSED AMENDMENTS, AND PRESCRIBING THE FORM OF THE PROPOSITIONS, AT THE MAY 7, 1988 j ELECTION. Moved by Councilman Thompson that Ordinance No.34 -88 be passed. Motion seconded by Councilman Hirschi . Councilman Hirschi asked for comparison with this and other charter amendments in the past, stating that if people do not understand them he feels they tend to vote against it. Mr. Hodge stated that three of the measures need to be combined and voted on as one measure. These deal with the Chief Accounting Officer and Director of Finance. He also suggested adding a proposition to call individual council members Councilors, which is something the Mayor wanted. Discussion continued on the measures, and how the ballot can be shortened to obtain a better representation from the voters. A motion was made by Councilman Thompson, and seconded by Councilman Buffum, to combine the measures dealing with Chief Accounting Officer and Director of Finance. The motion carried unanimously (excluding Councilman Allred, who was out of the room. ) Mr. Hodge noted that State law says what should be stated on the ballot. He doubts that an explanation could be placed on the ballot. (Councilman Allred returned to the meeting. ) Moved by Councilman Hirschi that the ordinance be amended to include an additional proposition to state that members of the City Council should be known as Councilors. Motion seconded by Councilman Thompson, and carried unanimously. The Council asked if this could be delayed until April 5? Mrs. Thomas noted that this presents a tremendous bilingual requirement. Moved by Councilman Kirkham to set the salary of the Mayor at 794 Item 9n (Cont'd. ) a not to exceed figure of $500 per month, and $300 for each Council member. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Buffum, and Kirkham Nays: Councilman Allred Councilman Kirkham asked about taking some of these items out. Some housekeeping items were discussed. Councilman Hirschi requested that Mr. Hodge prioritize these items. Moved by Councilman Kirkham that the matter be tabled until later in the meeting so Mr. Hodge can look at it. Motion seconded by Councilman Hirschi , and carried unanimously. Discussion continued later on the charter amendments. Moved by Councilman Allred to call it back from the table. Motion seconded by Councilman Thompson, and carried unanimously. Mr. Hodge recommended that Measures 2, 6, 7, 9, 10, 11, 12, 16, 21, and 23 be left in the ordinance. Moved by Councilman Hirschi that the ordinance be amended to include only the above ten measures and propositions. Motion seconded by Councilman Buffum, and carried unanimously. The motion for passage of Ordinance No. 34 -88, as amended, was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item l0a A proposed resolution was presented waiving service fee provision of Resolution No. 176- 83 for Utility Collections, Water Distribution, and Maintenance Divisions, on City Water Account 09-042-08771. A motion was made by Councilman Hirschi for its passage, but failed for lack of a second. Item 10b Resolution No. 46-88 RESOLUTION APPROVING CONSTRUCTION AND MAINTENANCE AGREEMENT FOR RIDGEWAY DRIVE BRIDGE REPLACEMENT UNDER THE FEDERAL AID BRIDGE REPLACEMENT AND REHABILITATION PROGRAM Moved by Councilman Thompson that Resolution No. 46-88 be passed. Motion seconded by Councilman Buffum. Mr. Bonnett addressed questions posed by Councilman Hirschi . The motion was carried by the following vote. 795 Item 10b (Cont'd. ) Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 10c Resolution No. 47-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH SPECIAL EVENTS, INC. FOR THE OPERATION OF THE CONCESSION STAND AT THE SOFTBALL COMPELX Moved by Councilman Buffum that Resolution No. 47- 88 be passed. Motion seconded by Councilman Thompson. Councilman Hirschi asked why the contract was changed from three years to one year? Mr. Murphy stated that we are making the permanent improvements, and feel it would be better to keep it to a shorter term. I1iss Houseworth stated that Special Events, Inc. , met the requirements, and were much more detailed in the operation and equipment, and financial backing. Mr. Murphy stated they had the most complete proposal for management. He feels this offers the best management for the City, although it is not the highest percentage of the gross (another firm offered 32 percent of the gross) . Special Events is a commercial concern, as opposed to seasonal . The motion was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Allred, Buffum, and Kirkham Nays: Councilman Thompson The City Council recessed at 1:00 P.M. , and resumed at 1:50 P.M. Item 11a Resolution No. 48-88 RESOLUTION ACCEPTING BID OF M & F LITTEKEN FOR CONSTRUCTION OF THE 1988 SLUDGE HANDLING FACILITIES (WEDGEWIRE) AT THE RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilman Thompson that Resolution No. 48-88 be passed. Motion seconded by Councilman Allred. Mr. Bonnett noted that this is a twenty year investment. The motion was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None 796 Item 12a Resolution No. 49-88 RESOLUTION APPROVING CHANGE ORDER #3 TO PHASE E - CONCESSION AND SCORER'S BUILDING AT THE SOFTBALL COMPLEX Moved by Councilman Hirschi that Resolution No. 49-88 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 12b Resolution No. 50-88 RESOLUTION TO ACCEPT PHASE D CONCRETE WORK AT THE SOFTBALL COMPLEX AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Moved by Councilman Allred that Resolution No. 50-88 be passed. Motion seconded by Councilman Buffum. Councilman Hirschi asked for an update on the total cost of the softball complex. Jack Suggs stated that we are looking at $825,000, as of the most recent change orders. He anticipates this to be a plus or minus of $5,000. The motion was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 12c Resolution No. 51-88 RESOLUTION ACCEPTING THE CONSTRUCTION OF HOLLIDAY CREEK EXCAVATION PROJECT - PHASE I AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Moved by Councilman Hirschi that Resolution No. 51-88 be passed. Motion seconded by Councilman Allred. Mr. Bonnett noted that the contractor had requested reconsideration of a letter dated December 28, 1987. He recommended that the claim be rejected, and accept it as is. The motion was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 12d Resolution No. 52-88 797 Item 12d (Cont'd. ) RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER 4 TO THE PHASE E - CONCESSION AND SCORERS BUILDING CONTRACT AT THE SOFTBALL COMPLEX. Moved by Councilman Allred that Resolution No. 52-88 be passed. Motion seconded by Councilman Thompson. Mayor Pro tem Thomas noted this would make the lessee responsible for air conditioning and cooking. Jack Suggs stated that only the circuitry had been changed. The motion was carried by the following vote. Ayes: Mayor Pro tem Thomas, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 13a Moved by Councilman Hirschi that a public hearing be set for April 5, 1988, on a request for an additional taxicab service in Wichita Falls. Motion seconded by Councilman Buffum. Councilman Hirschi stated that a lot of the information called for in the ordinance is not contained in his application, such as a financial statement, vehicles, etc. The motion was carried unanimously. Item 91 Discussion was held on a proposed ordinance making an appropriation from the general fund for the purpose of installing an irrigation system to medians on Seymour Highway. A motion was made by Councilman Hirschi , and seconded by Councilman Thompson, for its passage. Councilman Allred stated that she is not opposed to beautification on the Seymour Highway, however, she wants to be sure we have a policy on the beautification efforts of the city. All districts are in the process of raising funds for beautification. We have a request to draw $14,000 from the general fund for one district. Mayor Pro tem Thomas stated that this is more or less not a district project, but because it is a main artery coming into the city. He feels any other main artery would Justify this same type of request. Councilman Allred asked Mr. Murphy if furnishing water is an endless gift that he is going to bestow on us? Mr. Murphy stated that it should be tied to the budget process. Councilman Thompson stated that he had asked the City Manager at the last meeting if all districts would be treated the same way, but somehow that discussion was not mentioned in the minutes. He feels we need a policy to contribute to the beautification of the whole city. Miss Houseworth stated that Mr. Hodge has drafted a policy for the Council to consider. Mr. Hodge explained that he drew it up rather hurriedly, and does not know whether it contains what they want it to, but it is something to start on. Councilman Allred stated that some people are already out collecting money for plants. Councilman Hirschi stated they are pledged to raise fifty percent of the cost. The protect is a $14,000 irrigation system. If they only collect $7,000, they will only get $7,000 worth of irrigation. Councilman Thompson stated that all districts should have the same opportunity. Mayor Pro tem Thomas and Councilman Hirschi agreed that they would have the same opportunity. iklayor Pro tem Thomas noted that 798 Item 91 (Cont'd. ) we are talking about main arteries into the city - not just any street. Councilman Hirschi commended this process, stating he would like to see a lot more of this take place in the future. He would like to see city dollars put up to match local dollars. Mr. Murphy felt the City should only match the private contributions up to $14,000. 1`4r. Bonnett stated meters would cost $150. Miss Houseworth stated that money is coming from the general fund. Councilman Allred asked about. another source. All the projects we are talking about are major highways. Water has already been installed on the Jacksboro Highway.,, ._ Mayor' Pro tem Thomas noted that we are talking about the contest on the 'clean cormunity award. Councilman Hirschi noted that this is a way to give the citizens input on a capital improve- ments program which they want. A motion was made by Councilman Buffum for an amendment to the ordinance by adding, expenditures from this appropriation shall not exceed an amount equal to that amount raised by private parties for the tree and shrub plantings. The motion was seconded by Councilman Hirschi . Norma Crane expressed concern about putting water to the Emanuel Davis overpass. The ordinance, as amended, failed by the following vote. Ayes: Mayor Pro tem Thomas and Councilman Hirschi Nays: Councilmen Thompson, Allred, Buffum, and Kirkham Councilman Thompson does not believe we are getting into ward politics, but consideration for the whole city. The Council requested the staff to come back with a policy on these procedures . Item 13b Miss Houseworth stated they could provide free bus service for the election if the Council desires. Mayor Pro tem Thomas noted that he did not know how many buses on Saturday would pass by polling places. Mr. Parker stated that they had two extra buses to use in other areas. An item will be prepared for the next meeting. Miss Houseworth also mentioned material on an adult entertainment zone, along with information on the motor vehicle salvage ordinance prepared by Mr. McKinney. She also presented a copy of the energy study. Fire Chief James explained structural sagging of Central Fire Station. We have a maintenance problem of having to replace that roof periodically. In a capital improvements plan it could be repaired. The safety of the fire station is not a problem. The asbestos ceiling of the fire station has been repaired. 799 The City Council adjourned into executive session at 3:05 P.,"I. , according to Article 6252 -17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. PASSED AND APPROVED this_ —5 — day of 1988. Xa�Te�--HaE-e—r. ,Mavo ATTEST: i J 4nza J. Tho s, CMC/AAE Cite Clerk