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Min 08/02/1988 r 919 Wichita Falls, Texas Memorial Auditorium Building August 2, 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. Perry Goolsby Mayor John Hirschi - Charles Thomas - Angus Thompson - Councilors Robert Barenberg - Ron Buffum - Don Kirkham - James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Finance Director The invocation was given by Maxine Simpson, Reform Congregation of the House of Jacob. Item 3 Moved by Councilor Thomas that minutes of the meeting held July 19, 1988, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Item 4a Jan Stricklin introduced Phillip Hernandez, of the Park Department, as Employee of the Month for August. Jack Murphy, Park Director, commended Mr. Hernandez for the work he has done in that department. Mayor Goolsby presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4b Mayor Goolsby read a proclamation for Oil Bowl Week, and presented it to Dr. Ted Alexander, Chairman of the Oil Bowl Committee. Other members recognized were Potentate Pete Spoontz, Robert Hyde, and Paul Irwin. This event will be dedicated to Steve Owens, of Oklahoma, a former Heisman trophy winner. Mayor Goolsby presented an Honorary Citizenship Certificate to Dr. Alexander, for Steve Owens, who played in the 1966 Oil Bowl game. Dr. Alexander presented a T-shirt and game tickets to Mayor Goolsby, in exchange for his check. Mayor Goolsby explained that he and Lawton Mayor Gilley had agreed that the Mayor of the losing team would wear the shirt at their next council meeting. Items 5a-7c Moved by Councilor Thomas that the consent agenda be approved. Motion seconded by Councilor Thompson. Item 5a Ordinance No. 89-88 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A FIVE (5) FOOT WIDE UTILITY EASEMENT IN LOT 20, BLOCK 2, PATTON ADDITION, WICHITA FALLS, TEXAS Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham 920 Item 5a (Cont'd. ) Nays: None Item 5b Ordinance No. 90-88 ORDINANCE TO WAIVE SECTION 32-21 (J) OF ORDINANCE 75-87 TO SUPPORT A NATIONAL OPEN HOUSE BY THE DEPARTMENT OF HOUSING AND URBAN DE- VELOPMENT Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, and Kirkham Nays: Councilor Buffum Item 6a Resolution No. 155-88 RESOLUTION OF SUPPORT FOR GRANT APPLICATION TO GOVERNOR' S OFFICE, CRIMINAL JUSTICE DIVISION FOR CRIME STOPPERS GRANT CONTINUATION Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays : None Item 7 Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning Commission - July 13, 1988 b. Commission on Aging - July 6, 1988 c. Kemp Public Library Advisory Board - June 29, 1988 Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8a Ordinance No. 91-88 AN ORDINANCE REZONING LOTS 8-14, BLOCK 167 AND LOTS 1-7, BLOCK 168, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS, FROM GENERAL COMMERCIAL ZONE TO CENTRAL BUSINESS DISTRICT Moved by Councilor Thomas that Ordinance No. 91-88 be passed. Motion seconded by Councilor Buffum. Joe Pistocco, 4541 Shady Lane, requested that this be rezoned, to the Central Business District because all of his other buildings are in that district. He plans to expand his business. Councilor Buffum applauded his efforts to revitalize the downtown. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was out of the room. ) Item 8b A proposed ordinance was presented, rezoning Lots 1-B, 2-B, 3-B, and 4-B, Block 2, Edgecliff Estates, from multi-family residential to i 921 Item 8b (Cont'd. ) I a Elimited office zone. A motion was made by Councilor Buffum, and seconded by Councilor Thompson for its passage. Mr. McKinney presented a handout which shows a few more objections. Over thirteen percent are in favor, and eleven percent are opposed. A majority of the Council is required to pass this ordinance. He noted that requirements are based on the amount of property. Councilor Thomas commented that the ones who did not respond are considered favorable if it is based on the amount of property. Councilor Buffum noted that there is still some concern about this going limited office. Mr. McKinney stated that many of the objections are traffic oriented. The only conditional use in a limited office district would be a church. They are all notified in the notification process . The motion failed by the following vote. Ayes: Councilor Barenberg Nays: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Item 8c Ordinance No. 92-88 ORDINANCE AMENDING SECTION NO. 2030 AND SECTION NO. 4220 OF ORDI- NANCE NO. 38-85, THE ZONING ORDINANCE, TO AMEND THE DEFINITION OF FENCE AND TO ALLOW CERTAIN FENCES WITHIN THE FRONT SETBACK AREA OF SINGLE-FAMILY AND DUPLEX RESIDENTIAL USES Moved by Councilor Hirschi that Ordinance No. 92-88 be passed. Motion seconded by Councilor Thompson. Councilor Hirschi called attention to a photographic report indicating that a variety of fences would not be allowed. Mr. McKinney explained that he was not aware of any problems with fences before the Zoning ordinance, except with individuals placing fences on the property of others. They have enforced the fence requirements since the Zoning ordinance was passed. Councilor Hirschi addressed mail delivery, with fences. Mr. McKinney explained that it would be easier to administer if an approved mail box were required to be located outside the fenced area. Mr. McKinney addressed the Willowbend area. Councilor Hirschi noted that we are allowing large opaque fences to be constructed around large subdivisions, and not allowing homeowners to do so. Mr. McKinney explained that they address fencing violations as they do other Zoning violations. The Fire Department has expressed some concern about chain link and wrought iron fences, as far as fighting fire is concerned. Councilor Kirkham feels that the original ordinance should be revised to allow fences in setback areas. Mr. McKinney explained how this could be accomplished. Councilor Thompson concurred with Councilor Kirkham. Councilor Barenberg favored a grandfather clause for those who have fences, along with a height restriction, and requirement of a post office box outside the fence. Moved by Councilor Buffum that we strike Item 3 under Section 3 entirely, and strike everything in Item 4, except alternate Three. Motion seconded by Councilor Barenberg. Jim Starr mentioned his panel fence next to City View Baptist Church for privacy, and to keep his four dogs. He has a permit. Councilor Thomas commented on the pictures of fences which they had, stating that it is not right to stop the view of the neighbors. Further discussion continued. 922 Item 8c (Cont'd. ) The motion for passage of the amendment carried unanimously. Moved by Councilor Barenberg that the ordinance be amended to exempt all fences constructed in front setback areas prior to August 1 , 1988. Councilor Thomas noted that anything built since 1985 is in violation of the ordinance. Motion seconded by Councilor Thompson. Mr. McKinney stated that he knows of two solid fences which might be a problem. Any fence that met that criteria would be legal . The fence on Covington might be a problem. There is only one which has been built since the Zoning ordinance. It is on Allegheny, six feet tall , and is a solid fence. Jean Mahon stated that there are several fences just like hers which have been built in her neighborhood since 1985. She built her fence as a divider for her landscaping. She stated that she would have no problem lowering her fence in the setback area. Her fence is six feet tall , and graduates down to three feet. She stated that it does not obstruct anything. Mr. McKinney noted that they have received one or two complaints on existing fences. Councilor Barenberg stated that the Zoning Board of Adjustments is having some problems in this area. Councilor Buffum clarified that under this amendment, fences built since 1985 would not have to be brought into compliance. The motion for passage of the amendment carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thompson, Barenberg, and Kirkham Nays: Councilors Thomas and Buffum A motion by Councilor Hirschi , and seconded by Councilor Thompson, to amend the ordinance by striking Section 3 B 1, was later withdrawn. The motion for passage of Ordinance No. 92-88, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thompson, Barenberg, Buffum, and Kirkham Nays: Councilor Thomas The City Council recessed at 10:15, and reconvened at 10:30. Item 8d Ordinance No. 93-88 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND . TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Councilor Kirkham that Ordinance No. 93-88 be passed. Motion seconded by Councilor Hirschi , and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, and Kirkham Nays: None (Councilor Buffum was out of the room. ) 923 Item 8e Ordinance No. 94-88 ORDINANCE AMENDING ARTICLE I , SECTION 5-1 OF ORDINANCE 63-85 TO PROVIDE THAT DOGS PARTICIPATING IN SHOWS, COMPETITIONS AND TRAIN- ING PROGRAMS IN APPROVED AREAS SHALL NOT BE CONSIDERED AT LARGE Moved by Councilor Thomas that Ordinance No. 94-88 be passed. Motion seconded by Councilor Barenberg. Tom Edmondson explained that the Health Department would approve the training area prior to the event. The motion carried by the following vote. Ayes : Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9a Resolution No. 156-88 RESOLUTION TO APPROVE ENGINEERING CONTRACT FOR SOUTHWEST DRAINAGE BASIN SANITARY SEWER TRUNK MAIN PROJECT Moved by Councilor Thomas that Resolution No. 156-88 be passed. Motion seconded by Councilor Buffum. Councilor Thompson asked when this firm was selected? Mr. Bonnett believed it to be about eleven months ago. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Barenberg, Buffum, and Kirkham Nays: Councilor Thompson Item 9b Resolution No. 157-88 RESOLUTION AUTHORIZING THE NECESSITY TO ACQUIRE TWO EASEMENTS ON PAWHUSKA STREET, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Barenberg that Resolution No. 157-88 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays : None Item 9c Resolution No. 158-88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved By Councilor Hirschi that Resolution No. 158-88 be passed. 924 Item 9c (Cont'd. ) Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10a Resolution No. 159-88 RESOLUTION TO APPROVE AWARD OF BIDS FOR CHEMICALS FOR WATER TREATMENT Moved by Councilor Buffum that Resolution No. 159-88 be passed. Motion seconded by Councilor Hirschi . Councilor Hirschi pointed out the misspelled word "ferric" in the resolution. The motion carried by the following vote. Ayes : Mayor Goolsby, Councilors Hirschi , Thomas , Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lla Frankee Durkee, 1010 Harding Street, requested that the condemned house at 1100 Harding Street not be burned. She was assured by the City Manager and Council that it will not be burned; that it will be taken down by conventional methods. Mr. Berzina pointed out that we don 't burn any house unless we get a permit from the state. John Chenault, 1817 Eleventh Street, discussed garage and yard sales, stating that this is his only income. He requested a waiver of the ordinance to allow him to sell more often than the ordinance permits. Mr. McKinney stated that the Zoning ordinance restricts what some people call permanent garage sales. In other areas, this activity can be accommodated. They receive many complaints on continuous garage sales. He further explained that there is an appeals process in the Zoning Board of Adjustment. The second possibility would be rezoning the area. Councilor Kirkham suggested that instead of a waiver, that Mr. McKinney work with Mr. Chenault by getting him into the proper areas . Mr. Berzina stated that this limitation was placed on this activity so you would not get business in a residential area. He is seeing a tremen- dous number of garage sale signs tacked on utility poles. He plans to ask Legal if they can write citations to those in violation of this with addresses on them. Councilor Buffum endorsed Councilor Kirkham' s comments in going through established procedures. James Williams, 828 Elwood, expressed appreciation to the City for not burning the property at 1100 Harding Street. He also asked about liability if someone fell in the swimming pool and drowned? Mr. Hodge did not believe the City would have any liability because we do not have any possession or control of the property. Item llb Councilor Thompson commented on the Harding Street house, the new boat enterprise, weed control , and houses which need to be boarded up. 1 925 !Item llb (Cont'd. ) Councilor Kirkham noted that the irrigation ditch which crosses Covington has been moved. He also commended the young people who cleaned the trails from the Falls to O'Reilly Park. He also mentioned types of sales, other than garage sales, stating that every week-end there are several car washes going on. Itinerant Merchant's large permits , and signs at the city limits were also noted. He also suggested that perhaps some overtime for city ,employees might be handled with flex time. He also would like for the City to be able to say we have the lowest crime rate. jCouncilor Hirschi mentioned the dog dip for the Humane Society. He also asked about requirements for fund raising activities, such as car washes, and whether they need permits. Mrs. Thomas addressed the definition of an itinerant merchant according to the ordinance, along with the large permits which are in place, and signs on the highways, which have to be approved by the Highway Department. Councilor Hirschi again mentioned Lynwood Lake, and the land owned by the school district. He would like some kind of committee set up to define the problem of sharing this burden. Mayor Goolsby noted that this will be discussed during budget. The City and School staff meet quarterly to discuss problems of this nature, so the committee is in place. Councilor Hirschi also asked about the status of survey of the Boddy property, as pertains to acreage. Mr. Hodge noted that Mr. Bonnett will talk with Gene Probst. He also asked about space in the Municipal Court Building for the Adult Literacy Council . Councilor Thomas stated that he is receiving calls from people in the Kemp Street area . They call the Police Department and tell them about a problem behind their houses. He mentioned urine stains on fences in the alley, and hypodermic needles in the back yard. Lots on Kemp were involved until 6:30 A.M. on Sunday morning. He also mentioned high weeds in the shopping center where the City has beautified. Councilor Buffum stated that the vacant lot on Kemp across from McDon- alds on the north side was literally strewn with empty bottles on Saturday morning. Chief Harrelson stated that they have a team that is working Kemp Street. He will look into it. Councilor Buffum encouraged the citizens to do their part in beautifying the City. He also thanked AARP for the flag at the Falls. Councilor Barenberg noted that the public has a totally different approach to law enforcement. The laws have changed to where the public is demanding planned action, rather than reacting. The crime rate is related to advance planning, as opposed to just putting more men on the force. Mayor Goolsby asked how the three shifts are balanced? Chief Harrelson stated it is by the number of calls for service which come through. The third shift is the slowest. They would like to put two people per beat. There will be times when they only have one person per district. They have 153 police officers, and are up to strength at this time, counting the rookies . This is about the same ratio as other cities. The officers will answer calls outside their beats . Mr. Berzina stated that he has wrestled with this problem for a long time. It does not say anything about crime watch and detective divisions, and the numbers of people who have to be assigned to the records division. Councilor Thompson commented that he is horrified that we can do studies to determine who will be involved in crime. Councilor Barenberg stated that the problem can only be addressed by putting resources into the living conditions. Councilor Kirkham mentioned the interlocal agreement with various police and county agencies. Chief Harrelson stated that it is being dis- cussed, and they will change some of the wording. It will be brought back to the Council . 926 Item llb (Cont'd. ) Mayor Goolsby noted that there will be a ceremony at Midwestern on Friday for the young people who worked along the trail . Item llc City Attorney H. P. Hodge mentioned the waiver of keeping a horse on North Beverly. After studying it more closely, he concluded that the ordinance is ambiguous, and he is not sure what it means. In this partic- ular case, from the discussions and votes on the ordinance, he feels it was the intent of the Council to grant a waiver to Mr. or Mrs. Williams, to limit it to one horse at a time, and that it should not be a permanent waiver on this property. , If they sell the property, the waiver is wiped out. Mayor Goolsby stated that he is of the opinion that Mr. Hodge has studied it well , but he still feels we will have problems down the road. He feels the permit should be reissued with a statement that says it is only for Mr. or Mrs. Williams, and is not transferable with the property. He feels there will be problems at the time when Mr. and Mrs. Williams are not there. Items lld, 12 The City Council recessed into executive session at 11 :50 A.M. , accord- ing to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. Following this , they will recess for working on the budget. Item 13 The City Council reconvened at 2:20 P.M. , on August 4, 1988. Resolution No. 160-88 RESOLUTION APPROVING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS UNDER THE HOUSING AND COMMU- NITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 1988-89 FISCAL YEAR GRANT AGREEMENT Moved by Councilor Barenberg that Resolution No. 160-88 be passed. Motion seconded by Councilor Hirschi . Councilor Thompson clarified that this does not include the request of Lindsey Walker, in the amount of $49,354. Moved by Councilor Hirschi that the Resolution be amended to purchase $10,000 worth of large diameter hose for a community development fire station, and that $10,000 be removed from the river development fund. Motion seconded by Councilor Barenberg. Councilor Kirkham expressed concern that this hose was not funded under the normal budget, but as an above current request. The Fire Chief explained that he budgeted it that way; however, the budget staff took it out. Robert Powers explained that he considered that this would be an expansion of service, rather than a continuation of one. The amendment failed by the following vote. Ayes : Councilors Hirschi and Thompson Nays: Mayor Goolsby, Councilors Thomas, Barenberg, Buffum, and Kirkham The motion for passage of Resolution No. 160-88 carried by the following vote. Ayes : Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham i 927 , Item 13 (Cont'd. ) Nays: None Fred Werner addressed the amount of time needed for advertising the effective tax rate. Councilor Thomas asked that someone check to see if the Railroad Museum could be included in the CDBG funds. The CityCouncil adjourned at 2:45 P.M. on August 4 1988. � 9 PASSED AND APPROVED this day of ,, 1988. i Perry�Gs�by, ayor ATTEST: J-/ Wilma J. ThoYnas , CMC/AAE City Clerk