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Min 02/20/1979 Wichita Falls , Texas Memorial Auditorium Building February 20, 1979 i n regular 30s o,clock 2 Falls , Texas, met at 8: Items 1 & of the City Of Whc Memorial Auditorium Building Council Room of the The Board ofAnd the n resent• on the above members P Mayor A M. , with the following Kenneth Hill Hardy McAlister Aldermen Fred E. Bassett Carol Russell Curtis Smith Jim Thomas Raymond Adcock City Manager Gerald Fox City Attorney Officer H p. Hodge, Jr. Chief Accounting Gerald Carlson City Clerk Wilma J. Thomas — Ehrenfeld, Trinity The invocation Lutheran Church. was given by David Its 3 f the meeting held February 6, 1979, Move d by Alderman McAlister that minutes o be approved. and carried unanimously• Motion seconded by Alderman Adcock, _ _ were street sweeper) and JOb (wage sc ale for public works construction) Items 5c ( — removed from the agenda. 7a 4a through 7a be approved. Items 4a Russell that Items Moved by Alderman Motion seconded by Alderman Smith. "Item 4a er supply was awarded to Berend Brothers , ✓ The low bid for an annual fertilizer Smith, Thomas , and Adcock Wichita Falls, in the amount of Russell , a McAlister, Bassett, Ayes: Mayor Hill , Aldermen Y Nays: None 2294 RESOLUTION NO' CON FOR CONCESSION OPERATIONS Iteb ACCEPTING BIDS OT�ANDWPARKSG CO TESCO and RESOLUTIONTESCO AND S AT HAMILTON, operations at Hamilton, sealed bids were taken for concession WHEREAS, rights at Gotland Parks; and, gross sales for concession Parnd 25 S bid 23 per cent of 9 rights at TESCO bids were Vinson for concession rig and these WHEREAS, Frank R• gross sales ilton Park, 23 per cent of 9 ri hts at Scotlandhts . Ham gross sales for concession g WICHITA per cent of g bids received for such concession rig OF THE CITY OF p hest and best THE BOARD OF ALDERMEN the highest THEREFORE, BE IT RESOLVED BY TESCO Park NOW, THAT: P .FALLS, TEXAS, rights at Hamilton execute and the City Manager is authorized to of Frank R. Vinson for concession rig the 1979 season. Such bids are hereby accepted, arks during for concession rights at such p and Scotland Park contracts with him v Item 4b, cont'd, Mayor Hill , Aldermen McAlister, Bassett, Nays: None Russell, Smit h, Thomas, and Adcock RESOLUTION 'RESOLUTION NO 2295 SPUDDER p ACCEPTING BID AND ARK• AWARDING CONTRACT F WHEREAS, sealed OR CONCESSION OPERATIONS AT WHEREAS, the concession rights was bid of Joe M. Chavez operations at Spudder Park the only bid received °f 20 and, NOW ' but this per Cent of gross FALLS ' THEREFORE bid is found sales for such TEXAS BE IT RESOLVED BY t0 be a fair and Concession THAT; THE BOARD OF reasonable Such ALDERMEN OF bid. and the City of Joe M. Chavez THE CITY OF WICHITA y Manager is authorized Concession at such park during the 1979 to execute a �9ohts at season. is at Spudder Park Ayes: with him for hereby accepted, Mayor Hill Alder concession rights Nays: None men McAlister, ✓Item 5a Bassett, Russell , Smith, Thomas and Adcock Authority was granted t. advertise Airport Drive tise for bids for sanitary sewer force main off lift station and Ayes: Nays: None Mayor Hill , Aldermen MCAT i ster, Bassett, Russell , Smith, Th v I t�Sb omas, and Adcock chemicalsority was granted to advertise for bids for an annual supply of water Ayes: Mayor Hill , Aldermen McAlister,Nays; None ter purification ter, Bassett, Russell , Smith, Thomas,I to—=--5d s, and Adcock Authority was granted to advertise Ayes: Mayor for bids for East Side Nays; n Hill , for McAlister, water pump None Bassett p station. ✓It` 6 Russell , Smith, Thomas and Adcock Minutes of the meetings of the following boards and a• Because We Care commissions b• Board of - December 12 were received. c Mayor's Electrical Examiners ' 1978 d Commission on Status of February 13 Aviation Advisor 7979 e• Traffic y Board - Januaryoljn - February l Safety Council - February 7 1979 1979 Ayes: Mayor Hill , Aldermen 1979 Nays: None McAlister Bassett, Russell , Smith, Thomas, and Adcock Tax adjustments Nos. 501 through 9h 594 were approved Mayor Hill , Aldermen McAlis in the amount of Nays: None ter, Bassett $5,241 .50. Russell , Smith, Thomas, and Adcock ,Item a - - - -- _ _ Isabelle Grabeel from .��.. Mayor Hill presented her the Tax Department with a plaque and was honored two tickets each to Employee of the Month. a restaurant and theatre. 122 Item 8b Tommy Robinson, 708 Jalonic Street, appeared regarding the closing of Park Street. He presented a petition containing the signatures of 497 persons to try to get the Council to reconsider what they feel is an unjust situation. He stated that the closing of Park Street creates a hardship on the businesses in that area. It would almost put them out of business. It would also make it hard for residents to get to businesses across the tracks , making them go 15 blocks to get there. He stated that it would seem advisable to expand Midtown Now to the East side to help them. He stated that the over- pass does not help the people in that area. A lot of people who do not live in the area have need to travel in it who would use the Park Street exit. He mentioned ambulance delay. He stated that he first became aware of the closing a few weeks ago when he read it in the paper. The Mayor stated that public hearings were held ten years ago on this , and one of the reasons for requesting the overpass was to permit an ambulance to get across there faster. Mr. Robinson stated that there is a group in the Park Street area that the didrnots is of know whe�eSetvice to.was goingHtosbeted that located,hnorowasd hard for the overpass, but h he aware of the closing of Park and Granger. Alderman Russell inquired what sort of maneuverability is available to us , or do we have any legal room for flexibility? City Attorney H. P. Hodge explained that if all contracting parties agree, they can modify the agreements in the contract. In the absence of any agreement, the city would be liable for breach of damages to the Railroad. The City Manager stated that the City's benefit was in the right-of-way, and ability to construct the facility for the benefit of the citizens. In getting this right-of-way the City agreed to the crossing which would be a benefit to the Railroad. Very few would be inconvenienced. There are only about 25 residences and 10 businesses in this immediate area. Alderman Thomas stated that the overpass has tremendously increased access from the east side. There are always adversities involved when progress is made. The overpass benefits offset the inconveniences. Mr. Robinson stated that he feels this is too great an inconvenience to put on the people in that area who depend on that crossing for their livelihood. Alderman Thomas pointed out that the customers are on the East side. How would closing a street to the West affect that? Mr. Robinson stated that they have to get their merchandise from the West side. Alderman Smith stated that the only course of action would be to ask the Railraod if they were willing to negotiate. The City Manager pointed out that the State Highway Department is also involved. Alderman Adcock inquired if they could walk across. Ed Ilschner stated that they could still walk across , but there would be no grade crossing. Alderman Bassett noted that Mr. Robinson had made some comments about revitalizing the east side of town. He stated that the City has been responsible for a lot of money being spent in this area for some of these purposes , and it has to create some good. Some people are helped and some are hurt in most any situation. A lot of block grant money has and will be spent in that part of town. Alderman Adcock commented that this is a very legitimate request. If negotiations can be made with the Highway Department and the Railroad to take another look at this , it should be done. Alderman Thomas agreed that we should talk to them if some kind of agreement could be reached without putting an additional burden on the City. Moved by Alderman Thomas that action be postponed on this matter until March 20. Motion seconded by Alderman Russell . Jack Blair, 1634 Harding, stated that he would like the Council to go over there and look at the problem. He stated that he was in favor of an overpass , but not the way it is fixed. Margaret Davis , 807 Fort Worth Street, stated that she was very active in civic affairs ten years ago, and she does not recall hearing anything about the closing of Park Street 6ntil a few days ago. She feels it was not public in their area. She stated that Park Street is part of their heritage. All of their churches were founded on this street. She suggested that Midtown Now be connected with the eastside area of town and make it a part of it. She stated they originally believed that the overpass would be on Seventh Street. Mayor Hill pointed out that we are bound by a contract, and he does not want to hold out any hope for them. The motion was carried unanimously. i I 123 ✓item 8c David Tate appeared as attorney for Sikes Senter Partnership. He requested that the ordinance regulating the sale of alcoholic beverages be changed to permit the sale of beer and wine for off-premise consumption in an area bounded by Southwest Parkway, East Elliott, Kemp, and Maplewood. This area provides for commercial development. They have had negotiations with a major supermarket in that area, but they will not locate there unless they can sell beer and wine for off-premise consumption. The present ordinance would not allow such a location in this area. He feels all interests in churches, schools, hospitals, and residences would be served by the request which they propose. He suggested that the facility must be located in a totally commercial tract of 25 acres, or whatever size acreage the Council might stipulate. There must be no residences, hospitals, schools, or churches within that acreage, and no sales would be allowed within 300 feet of a school , hospital , church, or residence. The tract must also be rectangular in shape. He requested that the Council ask the City Attorney to prepare an ordinance with certain guidelines. Discussion was held, and City Attorney H. P. Hodge stated that since the Abel case and another case in Beaumont, it is not clear how much the City can legislate in the sale of alcoholic beverages. Alderman Bassett was opposed to 25 acres, stating that it is too large. Alderman Smith would like the staff to consider it. Alderman McAlister stated that it appears that the people who live in the area are the most impacted and feel the most threatened, and it seems a waiver from them would be a way of handling the request. City Attorney H. P. Hodge stated that variances and exceptions in ordinances make him uncomfortable from a legal standpoint. He would much prefer a change in the ordinance which would apply to anyone in similar circumstances. Alderman Bassett felt that everything which is sold should be put in a sack. J. C. Boyd, Jr. appeared as Executive Director of Midtown Now. He stated that they will be coming before the Council on revitalization of residential areas. Is changing the rules to get their situation fair to the ones before? They can build grocery stores in the midtown area under the present ordinance. He noted that these areas where transportation, utilities , etc. are already in existence should be utilized. A grocery store will be needed downtown. Moved by Alderman Thomas that this matter be presented to the staff for preparation V of guidelines, and that it be brought back to the Council on March 6. Motion seconded by Alderman Russell , and carried unanimously. v`Item 9a A proposed ordinance was presented providing for microfilming in certain departments. ORDINANCE NO. 3423 ORDINANCE PROVIDING FOR MICROFILMING CERTAIN PUBLIC RECORDS , MAKING MICROFILM RECORD AN ORIGINAL RECORD, AND AUTHORIZING DESTRUCTION OF THE ORIGINAL RECORDS. Moved by Alderman Bassett that Ordinance No. 3423 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock Nays : None /Item 9b A proposed ordinance was presented calling the Municipal and Charter elections on April 7, 1979. ORDINANCE NO. 3424 AN ORDINANCE CALLING REGULAR MUNICIPAL ELECTION TO BE HELD APRIL 7, 1979, FOR ELECTION OF THREE MEMBERS TO THE BOARD OF ALDERMEN AND FOR SUBMITTING PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY CHARTER OF THE CITY OF WICHITA FALLS; SETTING FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE FORM OF THE BALLOT; DESIGNATING THE PRECINCTS AND POLLING PLACES AT WHICH THE ELECTION SHALL BE HELD; AND REQUIRING THE PUBLISHING OF NOTICE OF THE ELECTION. Moved by Alderman Bassett that Ordinance No. 3424 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. 124 Item 9b, cont'd. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock Nays : None Item 9c A proposed ordinance was presented authorizing the sale of beer at Notre Dame Spring Festival on May 4, 5, 6, 1979. I ✓ORDINANCE NO. 3425 i 1 ORDINANCE AUTHORIZING SALE OF BEER AT THE NOTRE DAME SCHOOL SPRING FESTIVAL, MAY 4 THROUGH MAY 6, 1979. Moved by Alderman Bassett that Ordinance No. 3425 be passed. Motion seconded by Alderman Thomas. Alderman Adcock stated that he cannot see any reason to have the sale of alcoholic beverages on school property in connection with junior high and high school activities. Eddie Wasinger, Notre Dame Committee Chairman, stated that this is a festival initiated to help support their school activities. It is more of a family gathering. They have had no problems the past two years. The motion was carried by the following vote. Ayes: Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays: Mayor Hill , Alderman Adcock Item 9d A proposed ordinance was presented allowing a carnival to locate within 300 feet of a school and/or residences. 'ORDINANCE NO. 3426 ORDINANCE WAIVING THE REQUIREMENT OF SECTION 25-69 OF THE CODE OF ORDINANCES CONCERNING LOCATION OF A TRANSIENT SHOW WITH REFERENCE TO THE CARNIVAL RIDES AT THE NOTRE DAME SCHOOL SPRING FESTIVAL, MAY 4 THROUGH MAY 6, 1979. Moved by Alderman Thomas that Ordinance No. 3426 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock Nays : None Item 10a Discussion was held on a Code of Ethics for public officials. A motion was made and seconded for passage of a resolution adopting a Code of Ethics. Alderman Thomas commented that if we have had no problems in the past ten years on ethics, why pass this resolution? All these provisions are outlined in state law and city charter. Alderwoman Russell felt that this would bring them all together in one place. Alderman McAlister desired that a provision be made for a public official to vote on a matter on which he has a conflict of interest only if he has to vote to make a quorum. He cited the depository contract as an example. A substitute motion was moved by Alderman McAlister that this matter be referred to the Charter Commission for their review to see that this document has no conflicts with City Charter. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays: Alderman Bassett V Item lla Discussion was held on issues to be placed in the Capital Improvements Program bond election to be held May 22, 1979. Alderman Thomas commented on various projects. 125 Item lla, cont'd. Alderman McAlister inquired is not the Seymour Road sewer project a deviation from our normal policy? Is it now economically feasible to serve this area of the city with sewer? The City Manager stated that the Council should look at a higher pro rata charge to tie on to sewer to make it more economically feasible to provide the service because of a sparsely settled area, the distance to provide the service, and the cost involved. Alderman McAlister inquired how does this action in regard to this situation impact the City's position on other areas spread all around the City? Could this same amount of money be used to serve a larger group of people? The City Manager noted that the sewer is overloaded on the north side of the city, and it could be used there. The City Manager noted that the staff did not recommend this project. It was provided to the Citizens Advisory Committee as an alternative. Alderman McAlister stated that we have attempted to be consistent. If we are changing our system of extending sewers , or if we are making a special provision here, then it should be noted. Wm S. Myers, 5701 Seymour Highway, stated that 455 people are employed by businesses out there. It is not a matter of just homes. There is open sewage all up and down the highway. They have a mosquito problem, and could have a health problem. There are 56 customers now for this line. The City Manager noted that the present pro rata charge is now $2.50 per foot. The Council should consider a larger pro rata charge to recoup more of the initial costs. Mr. Myers opposed the pro rata increase. Moved by Alderman Smith that we accept the Citizens Advisory Committee recommendations as submitted in total concerning revenue bonds and general obligation bonds; revenue bonds will be issued by Council action, and general obligation bonds will be by citizen action. Motion seconded by Alderman Russell . Alderman Bassett stated that he would support the revenue bonds if we do not increase the base rate, but increase the cost for usage. The motion was carried unanimously. Item llc Alderman Smith read a statement concerning parks maintenance. The City has more than 1000 acres of parks, plus boulevards, triangles, circles, etc. for 36 people to maintain. They propose a one man-one park situation, with a cash bonus for park employees of the month. Boulevards, triangles, and circles should be removed from regular park crews responsibility, and assigned to special park crews. This program would require ten additional employees. He proposed that this program be initiated on a temporary basis during the summer only to see if the system would work. Moved by Alderman Bassett that the plan be implemented, contingent upon finding the money. Motion seconded by Alderman Russell , and carried unanimously. Alderman Russell inquired what is being done about the birds in the trees downtown? Does this not border on a health problem? Parks Director Bill Hursh explained that they have a chemical to put on the trees which makes the birds not want to roost in them, but after it rains they have to apply it again. Alderman Russell noted the recent death of J. Lewis Foster in Mexico. Moved by Alderman Russell that a resolution of some kind be prepared in recognition of his service to the City as Chairman of the Aviation Advisory Board. Motion seconded by Alderman Thomas, and carried unanimously. Item llb The Board of Aldermen went into executive session at 1 :00 o'clock to discuss board appointments. The meeting resumed at 1 :05 P.M. Moved by Alderman Thomas that Harry Wyatt be appointed to the Fire and Police Civil Service Commission for a three-year term to expire February 25, 1982. (replacing D. C. Burross) . Motion seconded by Alderman Adcock, and carried unanimously. 126 Item llb, cont'd. Moved by Alderman Smith that Jan Beall , Maxine Barker, and Dale Terry be appointed to the Traffic Safety Council . (replacing Bob Estrada, Trooper John Brown, and Charles Kraft) . Motion seconded by Alderman Bassett, and carried unanimously. The Board of Aldermen adjourned at 1 :07 P.M. PASSED AND APPROVED this ;(k day of k4Aek 1979. MAYOR i ATTEST: CITY CLERK i i i i i I