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Min 09/20/1988 I 14 Wichita Falls, Texas Memorial Auditorium Building September 20, 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 Doug Heslip, Chaplain of Wichita Falls State Hospital. Mayor Goolsby read a proclamation supporting Taste of the Town day, which will benefit the Crimestopper operation. It was presented to Karen Olson, representing the North Texas Restaurant Association in Wichita Falls. Item 3 Moved by Councilor Kirkham that minutes of the meeting held September 6, 1988, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item 4a A presentation was made by Dick Noe, of the Small Business Development Center at Midwestern State University. Dr. Garland Hadley, Dean of the School of Business, was also present. Dr. Noe explained that their purpose is to help small businesses start, expand, and survive. They have worked with 213 clients to date. Their measure of success is the creation of jobs. Forty jobs have been created within the last year. They have a full-time professional staff, volunteers, senior graduate assistants, and professional consultants. They assist in any activity associated with business. They also use the Continuing Education Center, which responds to the needs of the community. The Service Corps of Retired Executives also does one-on-one counseling. They refer clients to the Small Business Development Center. He and staff member Tim Thomas are both Registered Professional Engineers. The University, BCI, and Wichita County have contributed to their program. Councilor Barenberg requested information on the economic data base. Dr. Hadley explained that they assemble census data, information collected by the state from various means, economic and social data, population growths, age of 15 Item 4a (Cont'd) population, etc. By having this kind of picture of a region, we can see the areas where we can get the greatest growth from. Dr. Noe confirmed that the federal program is available for anyone who calls him for it. Councilor Hirschi asked what the City can do to help stimulate growth in the community? Dr. Noe explained that the City can pursue the various fundings available to the cities, such as the UDAG program. Mayor Goolsby emphasized that Wichita Falls is very fortunate to have MSU in the community, and expressed the City' s support of it. Items 5a-8b Items 5a and 7a were moved to the regular agenda. Moved by Councilor Barenberg that the consent agenda be approved. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum Nays: Councilor Kirkham Item 5b ORDINANCE NO. 107-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBERS 8889-000-1240 & 8889-000-0475 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 183-88 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE HUMANE SOCIETY OF WICHITA COUNTY, TEXAS TO FURNISH PUBLIC POUND SERVICES Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the table. ) Item 6b RESOLUTION NO. 184-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH INDIVIDUAL DEVELOPMENT CENTER, INC. FOR TWO VOCATIONALLY HANDICAPPED CREWS 16 Item 6b (Cont'd) Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the table. ) Item 7b RESOLUTION NO. 185-88 i RESOLUTION ACCEPTING BID OF HAGGERTY PLUMBING FOR CONSTRUCTION OF A SANITARY SEWER SYSTEM FOR THE HOLLIDAY CREEK PROJECT AY Y Y, Ayes: Mayor Goolsby, Councilors Hirschi Thomas Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the table. ) Item 8 Minutes of the meetings of the following boards and commissions were received. A. Board of Electrical Examiners - September 8 , 1988 B. Clean Community Commission - August 8, 1988 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5a ORDINANCE NO. 108-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 5900-000-3130 Moved by Councilor Buffum that Ordinance No. 108-88 be passed. Motion seconded by Councilor Thomas. Councilor Buffum commented that there seems to be a continuing number of errors on the part of the Appraisal District, and they have just received a raise in pay. He asked about any recourse with them. Mr. Werner noted that the only recourse we have is to let their officers know of the Council' s displeasure. Councilor Buffum stated he would take care of that. Councilor Thomas confirmed that we now have to notify people that they owe taxes. Mr. DeWitt explained that a total of about $1000 has been waived in penalty and interest. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 17 Item 7a Moved by Councilor Barenberg that bids be awarded, as follows, for the City' s insurance program. A. Williams Dwyer Insurance Agency - 1. Building and contents - $16,478. 82 2. Extra expense-City Hall - 1,036. 00 3 . Excess worker ' s comp - 29, 845. 00 Motion seconded by Councilor Thompson. Councilor Barenberg is concerned that we can't obtain public liability coverage without paying an excessive fee. Mr. Berzina noted some of the measures taken by the City to minimize our risks. He feels we are still better off with this method than going out and paying the large policy premiums. We have several small claims, and most of them we don' t pay. Councilor Thomas noted that when we went with self insurance, a training program was initiated. The question was called by Councilor Barenberg, seconded by Councilor Thompson, and carried unanimously. The motion toward insurance bids in a total amount of $47,359. 82, carried unanimously. Item 9a A public hearing was opened on reallocation of Community Development Block Grant funds. No one desired to be heard and the public hearing was closed. A second hearing will be held on October 18 , 1988 . Item 10a ORDINANCE NO. 109-88 AN ORDINANCE TRANSFERRING CERTAIN APPROPRIATIONS WITHIN THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Councilor Barenberg that Ordinance No. 109-88 be passed. Motion seconded by Councilor Hirschi, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 11a RESOLUTION NO. 186-88 RESOLUTION TO APPROVE AMENDMENT TO CONTRACT WITH ENGINEERING CONSULTING FIRM FOR 1989 BUDGET UTILITY IMPROVEMENTS PROJECT Moved by Councilor Buffum that Resolution No. 186-88 be passed. Motion seconded by Councilor Barenberg, and carried by the following vote. i 18 Item lla (Cont'd) i Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham i Nays: None Item llb i Discussion was held on a proposed resolution offering to accept from Robert Seabury a gift of Lynwood Lake. A motion was made by Councilor Barenberg, and seconded by Councilor Thompson, for its passage. Councilor Barenberg asked about the amount of land involved. Mr. Bonnett stated that Lot 3 has 16. 5 acres. Seven acres are under water, and the easement contains 2. 3 acres. Councilor Thomas noted that this map is different from the first map he looked at. Mr. Bonnett stated there has only been one survey. Councilor Barenberg agreed with Councilor Thomas ' comments. Councilor Thomas would like to go back to the original drawing of it, stating that the first one was not squared off like this. Councilor Buffum also noted that what was presented to them before in testimony seems to differ from what we are seeing now. Councilor Thomas stated that the frontage was different before. Councilor Buffum stated that the dam would be located entirely off Lot 3 , which is on school property. Mr. Bonnett explained that eighty ( 80) percent of the dam is located on school property. Mr. Berzina stated that former school superintendent Mr. Williamson, and Mr. Seabury both knew that the dam is located on school property. Mr. Bonnett stated that going back to the study by the Texas Water Commission, he feels the entire dam will have to be converted to a spillway. To get into that detail, it will take at least $10,000 for a study of it. Councilor Buffum confirmed that it will cost a minimum of $75,000 to accept this gift, and the funds are not in the budget. Mr. Berzina and Mayor Goolsby both expressed that all parties agree that eighty (80) percent of the dam is on school property. This is an established fact. Councilor Thompson expressed surprise about the $10,000 for a study of the dam. He believes the tide might be against him, but he believes the lake is worth being preserved. Contingency money could be used if the Council so desired. Councilor Kirkham stated that the boundary around the lake is somewhat restricted. The lake is now a water retention basin. He is torn between the issues of a retention basin and a park. It would be great if Mr. Seabury would agree to hold this water retention basin for us. Councilor Hirschi mentioned petitions from citizens in that area, and outside the area as far as Iowa Park, desiring that the lake be retained for quality of life. He feels it can be turned into a very nice tourist facility. The major thing is still water retention. He urged the Council to look at spending a few pennies now, rather than spending several million dollars later. Mayor Goolsby stated that in the five months since he was elected, this item has been discussed at least six times. All of them have given a lot of thought to this. He listed the 19 Item llb (Cont'd) pros and cons on this. Councilor Barenberg noted that Lubbock is trying to create water areas in the city. We have a lake with a view of the highway. We may not be in a position to develop it as a park. Councilor Buffum stated that this property is known as the Hirschi Lake Dam. He wonders why these concerns were not addressed several years ago before the property was sold. He feels the developer should bear the brunt, and we should not set a precedent of the city bailing out a private businessman. He is opposed to this. The last council voted it down. There are still too many unanswered questions. Councilor Thomas noted that the question about the distance along the freeway has not yet been answered. He stated that somebody built this lake for a nice facility. There is a liability in this lake that we have not addressed. He is very concerned about the rest of the 90,000 people who do not live in this area. He named several lakes and areas that we have addressed and not fixed for water retention lakes. He wonders how many of these people will come to us if we pass this resolution. Seventy five thousand ($75,000) dollars is just a tip of the iceberg on this lake. The liability we accept on this is what bothers him. Councilor Kirkham agreed with some of Councilor Thomas ' remarks. He noted the area that would go with the gif t. He is concerned about the future of water retention, but all other developers will give their retention basins to the City so they don' t have to develop it. He suggested an amendment to include the definition of Lot 3 , Block 1. He would like to have it tabled until ownership questions and an exact diagram of the lake is known. Mr. Berzina stated that we have said a lot about retention. This is not a retention basin if it is full of water. If it is left as it is, it is not a retention basin. Councilor Hirschi commented on making it larger. Mr. Berzina stated that the dam belongs to the school. Mayor Goolsby stated that when he was in the school district they realized it belonged to them. The liability is what concerns him. He asked Mr. Hodge if we would be liable if we bring the dam up to state standards. Mr. Hodge stated that just because they meet the required standards does not always give them immunity. Councilor Thomas emphasized that because of these liabilities we bought land around Lake Arrowhead for protection. Councilor Thompson called the question. It was seconded by Councilor Kirkham, and failed by the following vote. Ayes: Councilors Hirschi, Thompson, Barenberg, and Kirkham Nays: Mayor Goolsby, Councilors Thomas and Buffum (Five votes are needed for passage on calling a question. ) Mr. Hodge explained that from a standpoint of the dam and lake owner, if they can prove you fail to maintain it, it will pretty well hang you. The plaintiff would have to prove negligence if they met all state standards. 20 Item llb (Cont'd) Moved by Councilor Barenberg that the resolution be amended to provide that we receive clarification of the complete frontage of all of Lot 3, Block 1, of Lynwood West, and also if the City receives an acceptable easement from the Wichita Falls Independent School District. Councilor Buffum asked if the height of this dam is equal to the 100-year flood plain, and would we have to bring other acreage up to standards if we have to go over on other property? Mr. Hodge confirmed to Mayor Goolsby that we would not automatically not be liable for damage if we build it up to standards. We would not be liable, however, if the lake is destroyed. Councilor Hirschi asked about a lowered spillway. It was noted in discussion that to be safe, the City should get out of the business of lakes in a populated area. The amended motion was seconded by Councilor Thompson, and carried unanimously. The motion for passage of the resolution, as amended, failed by the following vote. Ayes: Councilors Hirschi, Thompson, and Barenberg Nays: Mayor Goolsby, Councilors Thomas, Buffum, and Kirkham Item llc RESOLUTION NO. 187-88 RESOLUTION APPROVING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ZACK BURKETT CO. FOR THE OVERLAY OF THE PARKING LOTS AT MUNICIPAL AIRPORT Moved by Councilor Thomas that Resolution No. 187-88 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. f Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham I Nays: None f Item 11d I RESOLUTION NO. 188-88 RESOLUTION CREATING A LIBRARY PLANNING COMMITTEE Moved by Councilor Barenberg that Resolution No. 188-88 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham M Nays: None 21 Item lle RESOLUTION NO. 189-88 RESOLUTION URGING SUPPORT FOR CONTINUED CONSTRUCTION OF THE RED RIVER CHLORIDE CONTROL PROJECT Moved by Councilor Barenberg that Resolution No. 189-88 be passed. Motion seconded by Councilor Buffum. This resolution was supported by the entire City Council. With the Holliday Creek project going on, Councilor Thomas wondered if our timing might be off somewhat. Other council members felt they should go ahead. They also wanted to write a letter to the Corps of Engineers expressing how well this project has gone. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the table. ) Item llf A proposed resolution was presented approving the proposed budget for the Wichita County 9-1-1 Communications District for the period from October 1, 1988 through September 30 , 1989. A motion was made by Councilor Kirkham for its passage, and seconded by Councilor Thompson. No one from the 9-1-1 District was present. Moved by Councilor Hirschi that this matter be tabled. Motion seconded by Councilor Buffum, and carried unanimously. Later in the meeting, the matter came up again when the 9-1-1 representative requested to be heard. Moved by Councilor Hirschi that consideration of the 9-1-1 budget be removed from the table. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Kirkham Nays: Councilor Buffum Sidney Smith explained that they had a pressing meeting with the postal service, and he apologized for not being here at the right time. He stated that the fees that support this budget are the fees attached to the telephone bills. Councilor Barenberg asked about the salary figures. Mr. Smith stated that this is the salary range they attempted to establish for this district. The range for the director' s salary was reduced by . 39 percentage points. All other items remain the same. Councilor Buffum asked what percentage of this budget will be provided by the City of Wichita Falls? Mr. Smith did not know, and stated that Southwestern Bell could not really 22 Item 11f (Cont'd) tell because they go outside the city. He stated that the County Commissioners Court and a majority of the cities must approve the budget. Councilor Buffum stated that one concern the City has is in dispatching. Mr. Smith believes this should reduce the City' s workload. Councilor Buffum asked if there is any increase or incurred cost to the City, will his budget be able to compensate us for this cost? Mr. Smith did not believe they could. He stated that they will supply all of the equipment, and most of it is for a one time non-recurring charge. In response to a question from Councilor Buffum, Police Chief Harrelson stated that he believed there will be some additional costs incurred by the City for their operation. They will be dispatching for the entire County. They will have to determine whether they need fire, police, or �! what. They are at the peak of their capability. At least three additional people will be needed to handle these calls. Liability was also discussed. Mr. Smith explained how Wilbarger County came into the 9-1-1 Board. Councilor Thomas asked about the residential rate in Wilbarger County. Mr. Smith stated that it is based on five (5) percent overall. The Attorney General has ruled that the fee must be uniformly applied. Councilor Buffum pointed out that the City of Wichita Falls comprises the majority of these charges. Chief Harrelson noted that the City purchased a board on which to mount this equipment, but he understands they will be transferring it to the 9-1-1 District. Councilor Hirschi noted that there is no indication of revenues. Each month they are having a surplus of money coming in. Councilor Thomas was concerned if our rate would go down, and the rates of other entities would stay up to pay for their portion of the charge. Mr. Smith explained that this would not be the case according to the Attorney General, who stated it must be uniform. Councilor Kirkham asked who the Directors of 9-1-1 are? Mr. Smith stated Billy Ray Mize, of Burkburnett, is Chairman. Others include Harold White, Sr. , for Wichita County, Gregg Lynn, of Electra, Bud Burch, of Iowa Park, Charles Stewart, of Vernon, and Jerry Allen is the representative for the volunteer fire departments. Councilor Thompson commented that it seems Wichita Falls is going to carry more than our fair share of this. He wishes we had more input into the budget process before it is time to adopt it. Councilor Barenberg asked if Mr. Smith has a document that discusses Article 1432(e) that he has been talking about? It was noted that the method of financing is discussed in state law. Councilor Thomas stated that all Council members should have a document showing revenue and expenses. Mayor Goolsby stated that somewhere there should be a budget reflecting the revenues. He asked Mr. Smith if he could provide this information, and he stated that he could. It was not understood how the Board of Managers could approve the budget without knowing where the revenue was coming from. 23 Item 11f (Cont'd) Mr. Berzina asked how does the City make application to this board for funds to pay our dispatchers? The City does not have representation on this board. The only way by law to get somebody on is for the board to appoint them. We are already paying eighty ( 80) percent of this budget. We already had 9-1-1, and we are now being asked to pay for a system we already have, and we are asked to do so with no representation from the City. He would like to know how we can get out of this. Councilor Barenberg stated that he favors the 9-1-1 system, but the thing that bothers him is that they have not seen a proper budget, and we are paying for the majority of the budget without representation. Mayor Goolsby stated that we have no problem with paying our cost in the city, but the problem we have is paying for other cities in the county. Councilor Thomas noted that the state is considering getting other small cities in this area into the 9-1-1 system. Someone has to pay for it. These things have been introduced since we got into the 9-1-1 system. Mayor Goolsby stated that it looks like we are going to be charged for something that we have no control over. The Board of Managers has the authority of saying who comes in. The City' s representatives are from Electra and Iowa Park. We have nobody on that board representing this Council. These names that were proposed came from the Board of Managers. The Board of Managers voted on the members. The other cities have never voted for a Wichita Falls representative, according to Mr. Smith. Mayor Goolsby noted that we have the same system on the Tax Appraisal Board. Mr. Berzina explained that this does not include fire and ambulance dispatching. If it turns out that we have more expenses, will we be able to submit a proposal to the Board of Managers for funds to pay for this service? He would want to show that the system actually caused the extra work load. Councilor Barenberg stated that Wichita Falls has a 9-1-1 system that is functioning at the present time, and we will continue to have that system. There have been enough questions raised that he would like this matter tabled until we can get satisfactory answers to the questions raised today. Moved by Councilor Barenberg that this matter be tabled for information as follows. 1. A line item budget that reflects income and expenditures. 2. An agreement for reimbursing costs to the City of Wichita Falls for additional expenditures to keep the system functioning. 3 . Indication from the Board of Managers on representation from Wichita Falls. Motion seconded by Councilor Hirschi. Councilor Thomas stated that Vernon is not happy with what they have gotten into. Mr. Berzina will write a letter to the Board of Managers expressing these things. Councilor Kirkham agreed that this is not a complete budget. He feels that if it is not passed by all entities required, then they can possibly get an extension from the State to work the budget out. He does not think tabling this i j 24 Item llf (Cont'd) budget is the way to get it worked out, but it is a way of getting the attention of the Board of Managers. He would like to get on with it, and work these things out with the Board of Managers. Mayor Goolsby expressed concern about the system. Mr. Smith believes their questions will be answered from factual information. Mr. Smith stated that Wichita County, Wilbarger County, Burkburnett, Vernon, and Electra have approved the budget. Wichita Falls, Iowa Park, and Pleasant j Valley have not approved it. Councilor Buffum stated that this seems like last minute legislation which slides in for approval. He would not vote for it if it were not tabled. The motion to table carried by the following vote. j Councilors Hirschi Thomas Thompson, Barenberg, Ayes: P g, and Buffum Nays: Mayor Goolsby and Councilor Kirkham Mr. Smith explained where the district stands right now if one of the other cities does not approve it. He stated they were not requested to provide this information. Councilor Barenberg emphasized that they are not saying anything about Mr. Smith or his job performance, but he believes something can be worked out. Item llg RESOLUTION NO. 190-88 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MIDWESTERN STATE UNIVERSITY FOR DEVELOPMENT OF A REGIONAL ECONOMIC DATA BASE Moved by Councilor Thomas that Resolution No. 190-88 be passed. Motion seconded by Councilor Kirkham. A professor from Midwestern State University explained that they will provide policy recommendations, and will keep the Council informed on their actions. They have compiled and stored variables in the computer, and will make a study of additional variables. A committee has been appointed, and they have examined a hook-up between the computers of MSU and the City for transmission data. Councilor Buffum noted that this will be an invaluable tool for non-profit corporations. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item llh RESOLUTION NO. 191-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS 25 Item llh (Cont'd) Moved by Councilor Buffum that Resolution No. 191-88 be passed. Motion seconded by Councilor Barenberg. Some editing of the wording of the contracts was suggested by Councilor Hirschi. Mayor Goolsby noted that the staff will do this. Councilor Barenberg clarified where medical care will be provided (contract with North Central Texas Medical Foundation) . Councilor Buffum called attention to Paragraph Eleven ( 11) of the contracts pertaining to future funding, stating that this in no way commits the City to funding after this year, and these contracts so stipulate. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lli RESOLUTION NO. 192-88 RESOLUTION APPROVING CONTRACT WITH TEXAS UTILITIES ELECTRIC COMPANY FOR THE RELOCATION OF TRANSMISSION FACILITIES TO FACILITATE THE HOLLIDAY CREEK CONSTRUCTION BETWEEN EASTSIDE DRIVE AND SOUTHWEST PARKWAY Moved by Councilor Thompson that Resolution No. 192-88 be passed. Motion seconded by Councilor Thomas. Mr. Bonnett explained that in some areas we may be over the cost estimate. In real estate, we are over in the amount of $500 ,000 . The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item llj was dropped from the agenda. Item 12a Moved by Councilor Barenberg that the bid for 110 multi- channel mobile radios be awarded to Motorola Communications and Electronics, Inc. , in the amount of $54,422. 50. Motion seconded by Councilor Hirschi. Robert Parker addressed the Council pertaining to these bids. Councilor Barenberg mentioned an in-car communication problem. Chief Harrelson explained that they have an intercar channel that officers can communicate with each other as 26 Item 12a (Cont'd) needed. There is a problem with hand held portable radios with batteries which need to be recharged. They worked for many years without portable radios. Councilor Thomas felt that because of the very excellent price given us on hand held radios, we should purchase others in the amount of 25 percent of the bid. Moved by Councilor Thomas that the motion be amended to increase the bid award up to $60,000. Motion seconded by Councilor Buffum. Councilor Thompson commented that he has a problem with the additional $6 , 000 when the department head has not requested it. Mr. Parker stated he would like to spend the $60,000 to get us closer to the number of radios we need. We have 130 radios that are not repairable. The amended motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Barenberg, Buffum, and Kirkham Nays: Councilor Thompson The motion for award of the bid, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Items 13a,b Claudio Ramirez, Sr. , 2013 Elizabeth, requested additional taxicab permits in order for it to be fair for him with his competitors. Councilor Buffum expressed concern about the quality of the mechanical fleet, and asked if he had any intention of upgrading them mechanically? He stated he cannot afford new ones. Mayor Goolsby noted that not too long ago he opposed another company coming in because we had enough cabs, and this bothers them some. Councilor Thomas noted that Mr. Ramirez is not fully employed with the taxicab company, but he is employed at the base. It disappoints him that he is using it as a part-time deal, or that is the way it looks. He does not believe we need any more cabs in the city at this time. Mr. Ramirez stated that he is asking for five additional permits. In making his application, he is required to have the five available. Councilor Thompson believes the marketplace should determine whether we need more. If we give additional permits, the cars would be a quality which are not up to standard. We have to look at the welfare of the public. He is not implying that he is pleased with his competitor either. Mr. Ramirez stated that he bases his request for permits on the number of people who call him who want to drive for him. Councilor Kirkham noted that if the driver does not make any money, then the public is not calling for service. He estimated that on three percent of his calls he is not able to provide service to. 27 Item 13a,b (Cont'd) Councilor Hirschi stated that the City is in the business of regulating cabs to provide a quality of service to the city, and our visitors. Many cities have tight regulations, dress codes, etc. They received a letter from a person on the condition of our cabs. Rather than authorizing new cabs, we should be looking at standards, dress code, training, etc. Mr. Berzina stated we have all the cabs we need. It would be foolish to be issuing others. Glynn Purtle, Attorney for Yellow Checker Cab, explained that his remarks would be addressing both requests. They are only operating ten cabs. Two months ago they were operating eighteen. These cabs came off the street because the drivers said they could not make any money. He does not feel other cabs are needed in the city. There should be the public convenience and necessity. The cabs perhaps should be upgraded. Competition and cab conditions should be looked at separately. Councilor Barenberg pointed out that we have heard nothing to indicate that one more cab is necessary. Mr. Purtle stated that eight men in the last two months have taken a chance, and lost, in the cab business. They have been operating this franchise for twenty-five years. You have to forget the interest of the cab operator, and focus on the city' s interest. These eight men have eliminated the surveys the council mentioned. He stated that Mr. Shaw presently drives for Yellow Cab. The Council recessed at 12 : 00 P.M. , and reconvened at 12: 45 P.M. Items 13a,b (Cont'd) Neil Shaw, 4334 Hughes, stated that this is his primary business. He had two cars on the road until last week. He wants to remodel the inside of the car. The best cars on the road today are 1979 and 1980 models because of the availability of parts. The taxicab business is a people business. They need more communication with the City transportation department. He has owner-operator service. Claudio Ramirez, Jr. , 302 Fillmore, stated there is a demand on the week-end for them. If they had five extra permits they could put them on the road. Their drivers are on a commission. Some cabs are owned by them, and some are owner operated. Alex Ramirez, 2115 Bluff, stated that they need more cabs because of demand on the week-end. Charles McMillan, 2223 Broad, commented that competition for drivers and transportation will result. He stated that he 4 formerly owned Mac ' s Hack, but he has been disinterested recently. Mayor Goolsby stated that at such time as the Council feels they need to bring this to a vote it will be placed on the agenda for action. Councilor Hirschi requested the City Manger to check with other cities on additional requirements and equipment standards. They would appreciate input from the industry on improving cab service in Wichita Falls. 28 Item 13a,b (Cont'd) Mr. Berzina noted that they will check with other cities on what they have done, and will talk with each of the Council members individually to see if there is interest. If it comes back on the agenda he would like to know there is sufficient desire to take some action. Councilor Thompson would like it voted on one way or another. Mayor Goolsby did not believe we would need another public hearing. Item 13c Extension of waterfall hours was discussed. Councilor Thomas feels this should probably come back up next April or May because we will soon be going off daylight hours. It is lighted until 12 : 15 A.M. Mr. Berzina explained that traffic count can be obtained from the highway department. Item 13d It was suggested that discussion on cemetery gate closing be placed on the next agenda for discussion, with a recommendation from the park board. Item 13e Tom Hoffman, Realtor, again offered the Crossroads Mall building for sale to the City. He stated that Harry Patterson would take $1,500,000 for it. The building contains 79,000 square feet. Mayor Goolsby thanked him for his presentation. Rosemary Harmon, real estate broker, again appeared for the resident of Furs tenfeldbruk, Germany, for taxes owed on the property at 4326 Berwick. When he moved to Germany he sold and financed the home to a new buyer. The man died, and his wife could not pay the taxes. Councilor Thomas requested that it be placed on the next agenda for action. We can hear it then. Mrs. Harmon stated that Mr. Schmueser is here today, but he will only be here until September 27. Mr. Kraus Schmueser, of Furstenfeldbruk, Germany , stated that he had not received the answers he was looking for from the City Manager, Mayor, or the Tax office. Mayor Goolsby stated that the City Manager had responded on his behalf. No additional information had been brought forward, and there was no reason to bring it back before the Council. Mr. Schmueser stated that they have collected more information from Mr. DeWitt. Mayor Goolsby noted that it will be placed on the next agenda with the additional information. Item 13f Councilor Thomas noted that he had received requests for tree trimming, and he urged citizens to look at their trees that need trimming in their areas. Councilor Hirschi asked whether the request for rezoning on Windthorst Road could be brought back again to the Council since it was a three-three vote? Mr. McKinney explained that the ordinance says that an exact same change cannot come back for an additional hearing. Mr. Hodge stated he would check with Mr. McKinney on this matter. 29 Item 13f (Cont'd) Councilor Hirschi mentioned drug awareness week and the drug dog program. He would like for the City to have as many programs underway for that date as possible. He also asked for a response by memo to the list of suggestions received in a letter from the police officers association. Councilor Hirschi also asked about the health department requirements on non-profit organizations (bake sales) , as well as itinerant merchants permits on them. Mr. Berzina explained that it has been resolved. Councilor Hirschi mentioned the new sanitation rates, and some inequities which he still feels exists on these rates. He requested that the sanitation rate study be placed on the w agenda. Councilor Kirkham asked about the status of the food service line at the Activities Center. Miss Houseworth explained that they are working with the contractor on this. Councilors Kirkham and Thomas noted that they have received some comments on the contractor, which, if true, then this contractor would not be a responsible bidder. Miss Houseworth stated that they checked his references very thoroughly. Councilor Kirkham stated this has happened since that time. Councilor Kirkham also asked for Council comment before the next meeting on a mission statement which he handed out to them, stating that this just gets it started. Councilor Thompson congratulated the police department on their work at Ben Donnell housing. One of the things that came out of this meeting is that there should be more programs for that area. Councilor Thompson also congratulated the owners of Western Sizzling Steakhouse on Interstate 44. In reference to the Enterprise zone, it will be discussed on September 22 by a state agency. He also hopes we will look at Bristol Street lake and Denver Tank on our liabilities. It was noted that Don Kirkham, Ron Buffum, and Lindsey Walker met to discuss economic development. The bottom line was that Mr. Walker and Dr. Noe were to get together and determine what is needed to develop this zone. A more detailed study may be needed. Jim Dockery stated that block grant funds can be used for economic development activities. They will have to show that jobs have been created, and that will require a detailed study. Mr. Berzina mentioned a low loan approval. He wants to be sure we are not financing a duplication of effort. Councilor Buffum stated that MSU is already structured to receive federal dollars. Mayor Goolsby does not want to forget the needs Mr. Walker has expressed. Councilor Kirkham commented that SBA does have some money. Dr. Noe is looking at how to get some funding. Councilor Barenberg commended the Police Department for their Eastside efforts, and other activities. Councilor Buffum noted that he and Councilors Kirkham and Thomas took part in the Triage Center dedication last Wednesday. 30 Item 13g Mr. Berzina commented that earlier in the year the State changed its teletype system. They have found out there are other suppliers. Bids will not be opened until September 26. The fiscal year expires on September 30. They would like, with complete understanding on the part of the Council, to earmark $30,400 for the purchase of this equipment for this fiscal year. He requested that awareness of the Council be shown in these minutes on this action. The City Manager ' s action can be ratified on October 4. Mr. Berzina noted that all the land for Holliday Creek has now been purchased. Mr. Berzina stated that in regard to the Beach Boys concert on October 1, they have a contract that requires up- front money in the amount of $9,500 for police activity, clean-up, etc. The Deputy Sheriff ' s Association will have to find another spot if the City does not have this money by this coming Thursday. Forty officers are working overtime on this event. Items 13h,i The City Council recessed into executive session at 3 : 32 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 4 : 33 P.M. Moved by Councilor Thomas that appointments to the following boards and commissions be approved. A. Mayor ' s Commission on Status of Women - terms to 9-30-90 Suzanne Schlabs Jan Stevens Ola White Lydia Torres Mary Faith Amy Judith Krebs B. Commission for Disabled Persons - terms as indicated Mary Lou Wright (business) - May 31, 1989 a Dr. R.P. Mankodi (medical) - May 31 , 1989 Jane McGough (education) - May 31, 1989 Ricky McGee (religion) - May 31 , 1989 Chris Commiato (military) - May 31, 1989 Lee A. Nelson ( labor) - May 31, 1989 Stan Tidwell (service agencies) - May 31 , 1989 Dee Dee Arledge (service organizations) - May 31 , 1989 Robert R. Reynolds, Jr. (disabled adult) - May 31 , 1989 John Paul Saxon (disabled adult) - May 31, 1990 Carol Hazel (consumer services) - May 31, 1990 C. Wichita Falls/Wichita County Public Health Board - term to 12-31-88 Nadia Kouri (unexpired term of John Mulholland) D. Library Committee - Carole Davis (District 1) - At-large Merrill Johnson (District 2) - At-large Leo Watts (District 5) - At-large GAnn Martin - Friend Ray Clymer - Friend Pat Welch - Friend Ikard Smith - Friend 31 Item 13h,i (Cont'd) D. Library Committee (Cont'd) - Thomas Pipes - Library Board James Snowden - Library Board Robbie Masters - Library Board Gracie Gregg - Library Board Motion seconded by Councilor Barenberg, and carried unanimously. The City Council adjourned at 4: 35 P.M. PASSED AND APPROVED this the z day of � c 1988. Perry olsby, Mayo ATTEST: Wilma J. Th mas, CMC/AAE City Clerk