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Min 02/07/1989 i 137 Wichita Falls, Texas Memorial Auditorium Building February 7 , 1989 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 The invocation was given by Bob Christmas, Jefferson Street Baptist Church. Item 4c Mayor Goolsby recognized Mr. & Mrs. Karl Kutschenreiter, the daughter and son-in-law of Max Steere, Mayor of Furstenfeldbruk, Germany. He is presently serving as an intern in the office of County Attorney Nick Gipson. Mayor Goolsby extended best wishes to them, and to Mr. & Mrs. Steere. He then presented City of Wichita Falls pins and honorary citizenship certificates to each of them. They thanked the Council and the people of Wichita Falls for their hospitality, stating that they have really felt at home here. Item 4a Jan Stricklin introduced Sammie L. "Junior" Martin, of the Public Works Department, as Employee of the Month for February. George Bonnett provided information and commendation to Mr. Martin on his work in that department for 38 years. Mayor Goolsby presented him with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 3 Moved by Councilor Thompson that minutes of the meetings held January 17 and 23 , 1989, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Item 4b Mr. M. C. McGee and Susan Campbell presented a synopsis of the Convention and Visitors Bureau report on the tourism and marketing study. Their next step will be to start setting priorities from recommendations made by Development Counsellors International. Mayor Goolsby complimented Mr. McGee and Miss Campbell for their work in Wichita Falls. 138 Items 5a-7e Items 6b and 6c were moved to the regular agenda. Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Thompson. Item 5a ORDINANCE NO. 8-89 AN ORDINANCE RENAMING DELTA LANE/HOG FARM ROAD TO RIVER LANE AND A PORTION OF SOUTHWEST PARKWAY/FM 369 TO ARENA ROAD Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the Council table. ) Item 6a RESOLUTION NO. 9-89 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNTS # 0605-041-0000 , 2303- 207-0500, 4310-046-5300, & 2303-198-0000 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the council table. ) Item 7 Minutes of the meetings of the following boards and commissions were received. a. Plumbing Advisory Board - January 5 , 1989 b. Planning and Zoning Commission - January 11 , 1989 C. Board of Directors of Reinvestment Zone No. 1 - January 12, 1989 d. Human Relations Commission - January 24, 1989 e. Traffic Safety Commission - January 4 , 1989 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the Council table. ) Item 6b RESOLUTION NO. 10-89 RESOLUTION TO APPROVE WATER CONSERVATION PLAN AND AUTHORIZE SUBMISSION OF THE PLAN TO THE TEXAS WATER DEVELOPMENT BOARD Moved by Councilor Hirschi that Resolution No. 10-89 be approved. Motion seconded by Councilor Thompson. i 139 Item 6b Cont'd Mr. Timothy L. Thomas appeared as Chairman of the Water Task Force Commission. He asked about previously discussed wording changes. Mr. Bonnett explained that all changes given to them by the Council have been incorporated. The declaratory language has been altered to give them more permissive structure. The rate structure has also been addressed in giving the Council ultimate flexibility. A copy of this was sent to the State, and they have approved it. The industry and the BCI both approved the rate structure. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6c RESOLUTION NO. 11-89 RESOLUTION APPROVING CONTRACT WITH ENGINEERING CONSULTING FIRM FOR ENGINEERING REPORT ON LAKE DIVERSION DAM Moved by Councilor Buffum that Resolution No. 11-89 be passed. Motion seconded by Councilor Barenberg. Questions were addressed by Mr. Bonnett on the right of either party to terminate, and bonding and indemnification in a professional services contract. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8a ORDINANCE NO. 9-89 AN ORDINANCE APPROVING THE AMENDED PROJECT PLAN AND THE FINANCING PLAN FOR REINVESTMENT ZONE #1 OF WICHITA FALLS, TEXAS Moved by Councilor Barenberg that Ordinance No. 9-89 be passed. Motion seconded by Councilor Thompson. Mr. Berzina explained that before the plan can go into law, it must be adopted by the Council. Sandy Goff, 3213 Beech, presented the plan to the Council, stating that it is a pay as you go plan, and recommended its approval. Councilor Thomas favored the 10-15 percent funding by the City being left in the plan, stating they will be assisting those who need it. Councilor Buffum requested that it be removed, but they are interested in showing businesses that we have a healthy and productive growth. Councilor Barenberg complimented the work done on this, stating that if we don' t 140 Item 8a Cont'd act now we will perpetuate what has been going on since the 1920 ' s, which is all talk and no action. He feels each project should be taken individually, and if we feel a project is good then we should go with it. Mr. Werner explained the basis for appraised value and decreases in property value on the revenue analysis of the report. Various other questions were appropriately addressed by Mrs. Goff. Mayor Goolsby commended Mrs. Goff, as Chairman of the TIF Board, stating that he feels they have tried to address concerns expressed by the Council. He explained that any general revenue funds that go into this area will be for the benefit of the entire city, and not just this area. The City will need at some time to give it the extra push it will need. Mrs. Goff stated that the staff did most of the work in addition to their other duties. She thanked the Council for allowing them the time to do this work. Charles Davis, 4435 Call Field Road, stated that he is pleased with the addition of the public improvement district. Jeanie Thompson explained that a public improvement district is basically a self tax for people within the district. It is not something that the City Council can initiate. It is something that the people in that district petition for. Once this is done, the City Council can begin with them a self improvement tax to be imposed upon them. Public improvement districts are very flexible. It does not have to be in a reinvestment zone. It can be anywhere in the city, if that is what the people want. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8b was struck from the agenda. Item 8c ORDINANCE NO. 10-89 ORDINANCE AMENDING ARTICLES I AND II , CHAPTER EIGHT, CODE OF ORDINANCES, REGULATING SOLICITORS AND ITINERANT MERCHANTS AND REPEALING ARTICLE IV, CHAPTER EIGHT, REGULATING CHARITABLE SOLICITORS Moved by Councilor Barenberg that Ordinance No. 10-89 be passed. Motion seconded by Councilor Hirschi. Mr. Berzina explained that Jim Dockery, Bill Sullivan, and Wilma Thomas have worked on this document. Mr. Sullivan addressed contact with other cities, stating that there is no uniformity in these ordinances. He addressed the changes in the ordinance. Section 8-6(d) was addressed by Councilor Barenberg. Moved by Councilor Barenberg that Section 8-6(d) be amended to include the requirement for the same references for an individual as are required for a company. 141 Item 8c Cont'd Motion seconded by Councilor Hirschi, and carried unanimously. Councilor Buffum asked about hotels getting permits for a year for all itinerant merchants. Mr. Dockery explained that if this were done, we do not know who they are, and we wanted to have some basic information on each of them. Councilor Buffum also asked about the Crossroads Mall, and Mr. Dockery explained that he believed they would have a lease agreement with Crossroads Mall for 30 days or more. Councilor Thomas asked about itinerant merchants in the Activities Center, and Mr. Sullivan explained that they would not have to obtain a permit because we as a City would have the information on them, and we would not have the information from the hotels, etc. We wanted them to come to the City to provide us with that information. Councilor Thomas mentioned mobile homes being sold in trailer parks without a license. He also asked how we can prove that any itinerant merchant is reputable. Mr. Dockery explained that we can' t, but when they met with the Better Business Bureau, they made a point of allowing them to check them out. Councilor Thomas felt that we are discriminating against local people in leasing their own buildings for a week-end, stating that we are not responsible for the public. He also mentioned phone calls from other cities. Mayor Goolsby noted that he feels the people are responsible for themselves in whether they chose to purchase or not purchase any given item or service. Councilor Thomas favored a solicitation ordinance, but not for itinerant merchants. Councilor Thompson had some questions on Section 8-9 and 8-14, which were addressed by other council members. He didn' t like the way it was written. Councilor Kirkham stated that he can fully understand the need for a solicitation ordinance because even with this ordinance sometimes daily there are people on the streets of Wichita Falls trying to sell, collect, or seek money from residents. Almost daily there are telephone calls from other cities. There is no way that microwave can be regulated in Wichita Falls. He questions the ability of the City to enforce it because of manpower restrictions and the constitutionality of it. He favors some means of controlling it if we can, but does not believe that we can. The police only reacts to citizens calls at the present time. Chief Harrelson stated that they receive calls daily, slightly more now than in the past. Regarding itinerant merchants, he does not see how this will work. If he is not on City property he feels it is totally out of our range. Trespassing charges can be filed. He only wants something that the police can act on as a nuisance from the people. Mr. Sullivan explained that the purpose of this ordinance was not intended to represent that the things being sold have any quality at all. They felt that the City had at least the obligation to get some type of information on them. Chief Harrelson explained that there have been times that people coming into the City have set up a quick business swindle. He feels the information is critical also to the neighborhoods. He would feel comfortable with having the information available. The City Council recessed at 10: 30 , and reconvened at 10: 45. 142 Item 8c Cont'd Councilor Hirschi asked about sno cone vendors who travel the streets. Mr. Sullivan addressed this as being a solicitor unless they are set up at a particular location. Councilor Hirschi also suggested that grounds of the Wichita Falls Activities Center be included in Section 8-28. The Council agreed. Mrs. Giola Ozuna mentioned instances where she had worked in telephone solicitation where people are being ripped off. She stated that the man who brought the drug group to Wichita Falls had people to make out checks to him. Paula Scheurer Elmore, 4100 Scottsdale, explained that the Better Business Bureau has not taken a stand on how the ordinance is written. After someone leaves town people come into the Bureau to find some information about them. Their initial concern is that they have some information at some local office on names, address, company, etc. They have complaints about unpaid employees and bills. The Better Business Bureau cannot guarantee that merchandise will be delivered or that a show will be held, but they can check with other cities for a resource. She is speaking about documenting information. Councilor Thomas commented that he did not say we do not need a permit, but people in the city do not need a permit to lease their own property, such as Parker Square merchants moving into the parking lot. Mayor Goolsby feels we have to have some kind of ordinance, and this is better than what we have had. Councilor Barenberg mentioned the question of public safety, stating that he sees a secondary gain under this ordinance. He noted day-time break-ins, stating perhaps we should do something about week-end enforcement. Councilor Buffum noted that this was brought back to exempt non-profit organizations. If we have nothing but names and addresses he feels it is beneficial to the city and its citizens. Councilor Kirkham noted that the people who are not going to be reputable are not going to get a permit. We need something on the books for the police to do something with solicitors on public or private property without permission. If this is passed, we are going to have to make some means to enforce it. Mr. Hodge stated that you cannot constitutionally pass an ordinance and say that people cannot solicit door to door in the State of Texas. This may help us catch some crooks who are coming in, but not to guarantee their honesty. Mayor Goolsby noted that citizens are more responsible for enforcing the law than the police. Nine times out of ten, the law will not be enforced unless some citizen calls the police. A motion was made by Councilor Thomas to table this ordinance, but it died for lack of a second. The motion for passage of Ordinance No. 10-89, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, and Buffum Nays: Councilors Thomas and Kirkham i 143 Item 8d ORDINANCE NO. 11-89 ORDINANCE APPROPRIATING $77, 100. 66 FROM GENERAL FUND - OTHER FINANCING RESOURCES TO ACCOUNTS 11-013-5420 AND 11-232-5420 FOR THE PURPOSE OF REPLACEMENT COPY EQUIPMENT Moved by Councilor Barenberg that Ordinance No. 11-89 be passed. Motion seconded by Councilor Thompson. Mr. Werner explained the appropriation process for this transaction. He stated that it is not an appropriation to spend money, but to off-set the accounting entry which will be made. Mayor Goolsby directed that the minutes reflect that this appropriation is for the purpose of purchasing three copy machines for the Print Shop and Police Department, which is considered a lease/purchase arrangement. Mr. Berzina explained that if and when we seek bonds and financing, our credit is at stake if we have too many exceptions. Some cities are going to lease/purchase. Vernal L. Huffines, of Mathis, West, and Huffines, stated that Mr. Berzina explained it very well. If you obligate yourself to a lease, and intend to perform on it, and the lease substantially covers the life of the equipment, you must recognize the obligation. On another subject Mr. Huffines briefed the Council on the status of the audit, stating that draft copies are scheduled to go out by March 1. Councilor Buffum asked how the expenditure of funds was unforeseen and could not be anticipated? Mr. Berzina stated they did not know they had to come up with this kind of appropriation. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9b RESOLUTION NO. 12-89 RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO CONTRACT WITH XEROX CORPORATION FOR LEASE AND MAINTENANCE OF COPIERS Moved by Councilor Barenberg that Resolution No. 12-89 be passed. Motion seconded by Councilor Hirschi. Rick Stamper, Manager of OTT Business Systems in Wichita Falls, made a lengthy presentation on the Konica and Mita machines. He compared their product to Xerox, and explained how he got the specifications. He stated that their machine will not run card stock, nor does it have a computer forms feeder. A Xerox machine has both. He explained that their machine will keep records of the copies as they are made by each person by putting in a five-digit code. He stated that 144 Item 9b Cont 'd in his opinion it will take a lot more than two items to justify spending almost $44, 000 more of the taxpayers ' money. They are willing to provide the Mita machine which would do card stock. They will guarantee it in writing. He stated their machine will run 18 to 24 pound bond paper. It will not run 110 pound paper. Mr. Berzina noted that state law says you can put out a list for proposals. He asked that we get the kind of equipment that will accomplish the goals of saving money by the use of these machines. Jan Stricklin explained that the machines we currently have are no longer making the quality copies, nor or producing what we need. The police department needs a print machine, not just a copier. What the OTT manager is talking about are copiers, and not a print machine. Mrs. Stricklin passed out a productivity analyses, which is the latest information from Dataquest. By using card stock and whatever pound of paper that we need, we can save $5 ,000 over the life of the lease. Xerox will replace our machines for seven years, as opposed to five years. The information presented will save more than $38 ,000 over a 5-year period. Mrs. Stricklin stated that she watched the operation at Sheppard Air Force Base and Wichita Falls Independent School District. Xerox will produce at 90 copies per minute whether you are using card stock, two-sided copies, or what. Konica will produce 70 copies per minute for copies only. It reduces the copies per minute for other items. After extensive research the staff continues to recommend the dependability that Xerox will bring to us, costing us far less dollars. Mrs. Stricklin stated that we produce between 50,000 to 70,000 copies per month in the print shop, and between 50,000 and 75 , 000 copies per month in the police department. She stated that Sheppard Air Force Base also has a lot of print presses which they use. Major Shelton stated that the police department also has two other machines which they use. Mrs. Stricklin stated that there is a $34 , 577. 34 difference in the Xerox and Konica machines. In the five-year leasing period they believe they could save $46 ,000 on work which they send out to other print shops. On productivity, she believes they can save an additional $38 ,000 over the above amounts. Councilor Barenberg stated he had trouble with colored paper holding up well in covers. Mrs. Stricklin stated that if she can only use 24-pound paper she would have to completely re-do many of the manuals more often. She believes she knows more about what we need in our own print shop. Richard Almond, with Xerox Corporation, stated that the machine would not be cheaper with outright purchase, as opposed to leasing. He compared his product with Konica' s machine. He mentioned supply costs, loading of card stock, etc. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, and Buffum Nays: None (Councilor Kirkham was absent from the Council table. ) i 145 The City Council recessed at 12 : 15 P.M. and reconvened at 1: 00 P.M. Councilor Thomas did not return for the afternoon session. Item 9a RESOLUTION NO. 13-89 I' RESOLUTION TO ACCEPT AND APPROVE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROJECT FOR THE WARNING SYSTEM AT A RAILROAD CROSSING ON THE OLD HENRIETTA ROAD i Moved by Councilor Barenberg that Resolution No. 13-89 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg. Buffum and Kirkham Nays: None Item 9c RESOLUTION NO. 14-89 RESOLUTION DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE ADVERTISED FOR SALE BY SEALED BIDS Moved by Councilor Kirkham that Resolution No. 14-89 be passed. Motion seconded by Councilor Hirschi. Parcel 6 was removed from this resolution. Mr. McKinney addressed a question on billboards. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, and Kirkham Nays: Councilor Buffum Item 9d RESOLUTION NO. 15-89 RESOLUTION TO APPROVE AMENDMENT TO CONTRACT WITH ENGINEERING CONSULTING FIRM FOR 1989 BUDGET UTILITY IMPROVEMENT PROJECT Moved by Councilor Kirkham that Resolution No. 15-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None 146 Item 9e RESOLUTION NO. 16-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR PHASE II OF THE 48" SEWER LINE PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Thompson that Resolution No. 16-89 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9f RESOLUTION NO. 17-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CANTU SERVICES, INC. FOR PROVISION OF CATERING SERVICES AT THE ACTIVITIES CENTER Moved by Councilor Buffum that Resolution No. 17-89 be passed. Motion seconded by Councilor Hirschi, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9g RESOLUTION NO. 18-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ON BEHALF OF THE CITY OF WICHITA FALLS WITH FIRST INDIANA COMPANY, LTD. Moved by Councilor Kirkham that Resolution No. 18-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays : None Item 9h RESOLUTION NO. 19-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PARCELS #52-A AND #53-A FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION 147 Item 9h Cont'd Moved by Councilor Barenberg that Resolution No. 19-89 be passed. Motion seconded by Councilor Hirschi, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None I Item 9i RESOLUTION NO. 20-89 RESOLUTION CALLING REGULAR CITY ELECTION FOR MAY 6, 1989, AND NAMING POLLING PLACES Moved by Councilor Buffum that Resolution No. 20-89 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9j A proposed resolution was presented approving a one-year lease to Wichita Falls Railroad Museum of Lots 3-7, Block 177, Original Town of Wichita Falls. A motion was made by Councilor Kirkham, and seconded by Councilor Hirschi, for its passage. Steve Goen, Railroad Museum Director, stated they are not happy with a one-year lease. They also wanted Lots 1 through 7. Mr. Berzina explained that Lots 1 and 2 were not available at the time, and they also did not have a plan. Moved by Councilor Barenberg that this matter be tabled for one month, during which time the Railroad board should meet with the City Manager and discuss the problems involved, then come back to the Council with an acceptable arrangement. Motion seconded by Councilor Kirkham, and carried unanimously. Item 10a RESOLUTION NO. 21-89 RESOLUTION TO ACCEPT PROJECT TO RELOCATE UTILITIES ACROSS HOLLIDAY CREEK AND TO AUTHORIZE A FINAL PAYMENT TO THE CONTRACTOR I Moved by Councilor Thompson that Resolution No. 21-89 be passed. Motion seconded by Councilor Kirkham. Mr. Bonnett addressed the problems involved in the delays. The motion carried by the following vote. 148 Item 10a Cont'd Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10b RESOLUTION NO. 22-89 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE HARDING STREET BRIDGE PROJECT Moved by Councilor Barenberg that Resolution No. 22-89 be passed. Motion seconded by Councilor Hirschi. Mr. Bonnett explained that they do not feel the documentation is conclusive on the request of the contractor for a 21-day extension, and he feels they should give them 21 days for unavoidable delays. They are being charged for 102 days of liquidated damages at $100 per day. Councilor Thompson feels they should make the liquidated damages higher. Mr. Berzina explained that it would be based on the value of the project under contract. Mr. Bonnett stated there is a sliding table used for liquidated damages. Mr. Hodge explained that you cannot make this a fine or penalty, but is liquidated damages. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10c RESOLUTION NO. 23-89 RESOLUTION TO APPROVE CHANGE ORDER FOR RELOCATION OF UTILITIES FOR THE HOLLIDAY CREEK PROJECT Moved by Councilor Kirkham that Resolution No. 23-89 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lla Herb Taber, representing Community Action Corporation, requested $3 , 392. 88 in additional funds for the meals-on- wheels program. It would increase the number from 120 to 140 meals. Miss Houseworth noted that the only place where we can get funds would be in the general fund. All other resources have been allocated. 149 Item 11a Cont'd Councilor Barenberg asked for a report from the City Manager on availability of funds. Item 11b Moved by Councilor Hirschi that the refuse cost of service study be received. Motion seconded by Councilor Barenberg. It was decided that this would be discussed at the next meeting. Councilor Barenberg called the question, seconded by Councilor Buffum, and carried unanimously. The motion carried unanimously. Item llc Personnel Officer Jan Stricklin presented the affirmative action report, stating that it remains fairly consistent with last quarter. She addressed compliance reports, and noted there is a new law which prevents goal setting and perhaps quotas and time tables for minority groups under certain contracts. Councilor Thompson stated that the Supreme Court said that race could not be a criteria. It says that you must be able to document that discrimination has existed. Mrs. Stricklin explained that they will need to re- examine our affirmative action plan to make sure we are in compliance. The report was accepted by the Council. Item 11d The man who wanted to discuss Eddy Lane had to leave earlier. Mr. Berzina noted that Public Works Department looked at it. Mr. Gross explained the water meters in this location, stating there are three people using water on one meter. They plan to lay a six-inch water line to the end of the street, put a fire hydrant in, and put water taps and meters for each of these three. They will be required to pay a pro rata charge for the six-inch water line. Each will have to place a $50. 00 water deposit. They have set certain requirements on this transaction. Taxes will have to be paid by these people before CDBG funds can be used. It appears that these taps were illegal, since the City does not work on the property side of the meter. The ordinance provides that each house will have its own meter. Mr. Gross stated that they will meet with the citizens involved. Item lle Mrs. Ozuna mentioned a gas line going across town. The City Council recessed at 2 : 20 P.M. , to attend a Wayport meeting, and reconvened at 5 : 20 P.M. 150 Item llf Councilor Buffum noted his concern over the rating and rental of video home movies. If a young child tried to go to a movie like some of them, they would not be allowed to do so; however, some of the young children are renting them. He requested an ordinance addressing a need in our community. Councilor Thompson stated that he had previously raised the question as to how to make it easier for some of our local contractors to get some of the work here. He is still trying to find some way to get some of the local contractors involved in bidding, such as a workshop. Councilor Kirkham noted that the range of each contractor was 250 miles, but he is required to hire at least 70 percent of his employees within the area. Councilor Thompson expressed that he is talking about both contractors and employees. Mr. Berzina suggested that he first get them a report on what the law says, then try to find out what they can do to foster some of these concerns. Councilor Kirkham asked about the letter to the FAA on the flight service station. Mr. Berzina explained it is in Bob Parker' s hands. Councilor Hirschi again mentioned the mission statement. Mayor Goolsby mentioned the contract due in March on Weeks Park Golf Course operations. He requested information that will be something they can work with. Item llg Mr. Berzina handed out information on indigent care costs. He also noted that on March 8, the BCI is sponsoring a legislative session to promote Wichita Falls. He asked for the Council ' s thoughts on providing a bus. Item llh The City Council recessed into executive session at 5: 30 P.M. , according to Article 6252-17, Section 2 , Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 6 : 05 P.M. Item 11i Moved by Councilor Kirkham that the following recommendations for appointments be made to the Appraisal Review Board: Dwayne Britton, Henry Dvorken, Ikard Smith, and Jack Wilkinson. Motion seconded by Councilor Barenberg, and carried unanimously. Item llj Moved by Councilor Kirkham that Ron Buffum be appointed to the Economic Development Steering Committee. Motion seconded by Councilor Barenberg, and carried unanimously. 151 Item llk Moved by Councilor Kirkham that Tonya Dawkins and Rika Allen be appointed to the Youth Activities Advisory Council, for terms to expire May 31, 1989. Motion seconded by Councilor Hirschi, and carried unanimously. The City Council adjourned at 6 : 10 P.M. PASSED AND APPROVED this the day of 1989. Perry olsby, May(Jr ATTEST: Wilma J. omas, CMC/AAE City Clerk