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Min 01/02/1985 i 622 Wichita Falls, Texas Memorial Auditorium Building January 2, 1985 Items 1 and 2 The City Council of the City of Wichita Fails, 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. Gary Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson Bill Palmer James A. Welburn i James Berzina City Manager H. P. Hodge, Jr. City Atorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Joe Glenn, Tenth and Broad Church of Christ. Item 3 j Moved by Councilman Thomas that minutes of the meeting held December 18, 19, and 27, 1984, be approved. Motion seconded by Councilman Wilson and carried unanimously. Items 4a - 8d Items 4a, 5a, 7a, 8b, and 6b were moved to the regular agenda. Moved by Councilman Palmer that the consent agenda be approved: Motion seconded by Councilman Welburn. Items 8a, c, d Minutes of the meeting of the Mechanical Board of Adjustments and Appeals held December 6, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Minutes of the meeting of the Planning Board held December 12, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Minutes of the meeting of the Board of Electrical Examiners held December 13, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None 623 Item 4b RESOLUTION NO. 1-85 RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT WITH TEXAS ELECTRIC SERVICE COMPANY ADJACENT TO LOT 4, BLOCK 2, MIDWESTERN PARK, UNIT TWO Moved by Councilman Wilson that Resolution No. 1-85 be passed. Motion seconded by Councilman Thomas. Councilman Wilson asked for an explanation of the reason for this, and if this is property we have an easement on? He also asked if we own the aqueduct property? City Attorney H. P. Hodge stated that the City does not own it. Councilman Wilson asked how we could grant an easement on property we do not own? Mr. Hodge explained that we have an easement for carrying water and other necessary things related thereto. He has a question whether we can grant an easement for anything except for carrying water. The title to the easement is basically vested in the owner of the property. requesting the easement. The only thing we can do is give them an easement in the nature of a quitclaim. Councilman Wilson stated that it concerns him that we go through the motions of granting an easement on property we do not own. Mr. Hodge stated that the owner has made the request so that he can sell the property. The electrical line will have to be re-routed around the building. Since we have an easement on this 50-foot wide strip, the owners of the property could not grant Texas Electric an easement. Our granting this easement would, in effect, be a statement on our part that putting this electric line here would not interfere with it. Planning Director Roger McKinney stated that it is a regular utility easement. The only utility in this easement is electricity. Water and sewer is not located here. Councilman Harper asked if we paid anything for it? Mr. McKinney stated that we did not. Councilman Thomas asked how they got a permit to build in this building? Mr. McKinney stated that the house was originally built in 1977. A permit for $30,000 was taken out in 1979, after the tornado, but there was nothing showing where the house would be built. Councilman Harper asked if the reason he could not sell it was because he violated the easement? Mr. McKinney stated that the title company required a closing survey and the building showed an encroachment over the easement. Councilman Harper suggested that we waive the easement violation, rather than giving them an easement. He asked what would happen if we didn' t approve it? Mr. Hodge replied that he assumed the sale would not go through. Mayor Cook asked if this property may be owned by the property owner? Mr. Hodge stated that it may be, but we have not been able to determine who owns the title to this strip of land. The City does not own it. Councilman Wilson requested a better explanation of this type of item in the future. George Bonnett, Public Works Director, explained that the building is a heated/air conditioned workshop. Councilman Harper asked if it is against the city code to build in the easement? Mr. McKinney stated that it is. On an alley there is a one foot setback for a building. Council - man Swift stated that the property owner has the easement rights. Mr. Mc- Kinney stated that the easement was there for the purpose of utility lines. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 4a RESOLUTION AWARDING BID ON THE WILLIAMS PARK ROAD EXTENSION TO THE TIMMINS & ANDERSON CORPORATION. Moved by Councilman Harper, for discussion, that Resolution No. 2-85 be passed. 624 II i Item 4a, con' t Motion seconded by Councilman Thomas. Councilman Harper asked where this road extends to? Mr. Bonnett stated that it will be a very lightly traveled road in the park. There is no through traffic. It will be for access to the park itself, and further into the park. . It does not provide a turn-around. It will be for access and a parking lot. Mr. Bonnett explained that he will not stripe it until he sees how it is used. Councilman Harper asked if there is a time limit for this construction? Mr. Bonnett stated that it is 20 working days , with a penalty of $100 per day. i Councilman Harper asked about the roads at Kings Square Apartments. Mr. Bonnett stated that the work is agonizingly slow. They have met with the contractor, and have asked him to proceed expeditiously. They are not satis- fied with the work being done in this area. It is a tough job, but it comes with the lunch. He feels it should be completed by April or May. Councilman Harper also asked about a bridge on Holliday Creek, and if it has been taken out? Mr. Bonnett explained that a low water bridge and another structure had been removed. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays : None Item 5a ORDINANCE NO. 1-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF AN EASEMENT LOCATED IN LOT 4, BLOCK 2, MIDWESTERN PARK, UNIT 2, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS Moved by Councilman Palmer that ordinance No. 1-85 be passed. Motion seconded by Councilman Welburn and carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 6a Moved by Councilman Wilson that bids for maintenance equipment be awarded, as follows. a. Two 44" Mowers - Trinity Equipment Company, $6,390. b. 72" Rotary Mower - Goldthwaites of Texas, $7,489. c. 60" Flail Mower - Goldthwaites of Texas, $7,695. d. Greensmower - Goldthwaites of Texas , $8,498. e. Two Side Decks - Goldthwaites of Texas , $4,440. f. Four Rear Deaks - Goldthwaites of Texas, $9,000. g. Seven Reels - Goldthwaites of Texas, $9,492. h. Fertilizer Spreader - Watson Distributing Company. $1,243. i . Sprayer - Colonial Motor Company, $1,990. Motion seconded by Councilman Palmer. Councilman Wilson stated that he is concerned that on Items 5, 6, and 7 we do not have competitive bids. There is considerable doubt in his mind that this is the lowest amount we can purchase it for. Mr. Hursh stated that these suppliers are only available here. They may have received some courtesy bids from other areas, but he is not sure it is competitive, and he has the same concern. Others declined to bid on it. The motion was carried unanimously. 625 Item 6b Moved by Councilman Wilson that bids be awarded as follows. a. Liquid Sample Concentrator - Perkin-Elmer, $6,950. b. Spectrophotometer-Fisher Scientific - $5,456. Motion seconded by Councilman Palmer. Councilman Wilson stated that he has the same question about this. He asked if this item is only available through Perkin-Elmer? This is the only one of three who gave us a bid. Dr. Cox, of the Health Department, stated that he and Dr. Thomas believe it to be a reasonable bid. Mr. Arndt, Purchasing Agent, stated that in this instance he called each bidder, and they said they had access to this type of equipment, but only one bid came back. Councilman Thomas asked if we would need it if it were not for government regulations? Dr. Cox stated that we are required by law to do more tests than we are capable of doing, because of funds. They send some to Fort Worth, and that gets expensive. Councilman Wilson stated that he would like to know what we could do to make our bids more competi- tive: If our system is too cumbersome for competitive bidding, we need to do what we can to remedy it. Mr. Arndt stated that out-of-state people are generally not too interested in bidding. The motion was carried unanimously. Item 17a Moved by Councilman Harper that authority be granted to advertise for bids for Contract B, Cypress Street water treatment plant expansion project. Motion seconded by Councilman Wilson. Councilman Harper asked about the number of steps in this project? Mr. Bonnett stated that the first step was on the agenda two weeks ago. The next step is on the agenda today. This will allow us to get ready to do the dirt work for the retention basin. The next phase will be the actual construction itself. He stated that he will provide the Council with a list. The estimate for this work is $440,000. The motion was carried unanimously. Item 8b Moved by Councilman Harper that minutes of the meeting of the Mechanical Board of Adjustments and Appeals held December 2, 1984, be received. Motion seconded by Councilman Welburn. Councilman Harper noted that it looks like this is a crony situation. A member of the Board asked for, and received, a waiver from those on the Board. He asked what the vote was? Earl Potts, Fire Marshal , stated that he agreed with the decision of the Board. It did not involve any life threatening situation. Mr. Potts stated that if they were going to grant an exemption for a wall penetration, they should also grant it from the floor. There was no reason to think that a fire could spread from this steel duct. Councilman Harper asked Mr. Potts if he could expect that he could come back with a code change so that everyone can do it? Mr. Potts stated that in conditions where you had a fire load involved, or non-combustible construction, or a high-rise building, he would not want to grant a waiver. He further stated that there is over kill in fire dangers. Councilman Harper requested that Mr. Potts come back to the Council in the near future I 626 Item 8b, cont'd with a suggested change in the code to meet this situation so that everyone can take advantage of it. The motion was carried unanimously. Item 9a Larry H. Tompkins appeared, requesting an ordinance to amend the building code pertaining to mall buildings. He stated that it is difficult to find economically viable uses and conform to stringent fire codes that have changed, but which were acceptable at the time they were built. He mentioned several renovations which have been hampered by the present building code. Because of Section 507.2 of the ordinance, all of his projects are classified as malls. He requested adoption of Exception Number 3. Councilman Harper also asked about Section 507.5? Mr. Tompkins stated that to make use of a building in a creative way, you create a hallway. To go strictly by the code it calls for items that are expensive, and if applied to a small area it would be very expensive, and you can't crowd a lot of people into a small area. Some pro- jects would not be economically feasible because of a strict interpretation of our code. The maximum distance from an entrance is 200 feet. Councilman Harper asked if he could see a problem in decreasing it to 80 feet, if it could be written that way? Mr. Tompkins replied that he couldn' t. He re- quested an exception under 10,000 feet. Councilman Wilson asked Mr. Potts about a minimum footage on one story, eliminate the sprinkler, and have minimum distance to the exit, would he see any problem with life safety with a monitored smoke alarm? Mr. Potts stated that he does not believe elimination of the sprinkler system is good. The intent is to provide life safety. A fire in here would spread very quickly. One-hour protection is required in single tenant buildings. The fire at Just Christmas had a tremendous fire load. Fortunately, it was separated from other businesses, but in a mall you would not have this sepa- ration. A change in this would affect a lot of other areas of the code. He is not saying that we could not modify the code in some other ways, but merely to say we are not going to require it for a 10,000 square foot mall is not the answer. Mayor Cook confirmed that if a fire starts in one shop and it gets into the corridor and spreads to other shops, would create a life-threatening situation. He stated that in looking at Scott Square and the corridors, there is not much in there that could burn. Councilman Swift asked Mr. Tompkins if he did not know beforehand that he would be required to put in a sprinkler system? Mr. Tompkins stated that he didn't. The day he was given permission to occupy the building, a sprinkler system was not a question. Councilman Swift noted that he knew he had to comply with the code. Mr. Tompkins stated that two permits were turned down; on another one he was given permission to occupy the building. One of the occupants noticed that there was no sprinkler system, and that was when there was some back=peddling on the part of the Inspection Department. He does not feel that Scott Square applies. Mr. Potts stated that the original plans did not call for a mall . The building was begun without a building permit. Mr. Tompkins stated that Scott Square is not included. If Scott Square applies to this ordinance, the sprinkler system would be required, but he has three other projects which would comply. Mr. Berzina stated then he would install sprinklers in the Scott Building. Mr. Tompkins stated that if they incorporate distance to entrances, type of construction, and square footage, they should all be addressed. Mayor Cook asked if insurance companies require different rates for the buildings not containing a sprinkler system? Mr. Potts stated that it is not necessarily always the case. Mr. Tompkins stated that there is no difference because when the sprinkler goes off, it ruins the merchandise. Mr. Tompkins requested adoption of a resolution that would correctly define a mall . Mayor Cook stated that the Council , at this point, would not be ready to draft and adopt a resolution, but they could ask the staff to address and recommend some of these things he has mentioned. Councilman Harper also wants us to look at the 10,OGO square feet proposal . Councilman Harper requested that the staff look at this ordinance to retrofit existing buildings. Mayor Cook commended Mr. Tompkins for the 627 Item 9a, cont'd. creative use of an existing building. He believes there is some room for interpretation that would allow redevelopment to occur. The staff was requested to study and draft this in the quickest time frame(. The City Manager stated that the biggest problem would be in tracking it all through the code. Mayor Cook would like to have it at the next meeting. Mr. Potts stated that the Board of Adjustments and Appeals and Municipal Court did not agree with him on life and property safety. Councilman Welburn stated that he hated to bind the staff to two weeks for a project which has gone on for two years. He feels we should allow the staff to take more time. Mr. Berzina stated that since he has heard the discussion they are more ready than before, but if they are not ready at that time, he will tell them. Mr. Tompkins stated that he has asked the City Attorney for three months to help him write an ordinance. Councilman Wilson pointed out that the City Attorney works for the Council , and it is not appropriate for him to take requests from someone else unless they have requested him to do so. Councilman Palmer asked why has this just now come to the Council since he has been hauled into court, and it has been rocking on for a year? Mr. Potts stated that there has never been given a certificate of occupancy on this building. He is on a temparary basis until the decision from the Board of Adjustments and Appeals is made, and he promised to install the sprinkler system within 30 days after that decision. Roger McKinney stated that they would like to get some direction from the Board of Adjustments and Appeals, architects, etc. Councilman Harper noted that we should not consider Scott Square in this, but if it falls in ,it does. He further stated that Mr. Tompkins will either put the sprinkler system in, move his tenants, or pay fines. Councilman Welburn stated that Mr. Tompkins has two or three cases pending in court, and he was fined and probated for most of it. Mr. Tompkins has not complied with the court order. These charges are all related to the sprinkler system, and each day becomes a new offense. Mr. Berzina asked if Mr. Tompkins stated that he would put in the sprinkler system on condition that the fine was probated from $190 to $40? Mr. Berzina asked Mr. Tompkins what his response was, and Mr. Tompkins stated that he did not remember. Councilman Wilson instructed the staff to not wait for the report to take action on Scott Square. It can be closed down. Mr. Tompkins agreed that the city can cut the electrical off if they choose to do so. Mr. Berzina stated that there would be a lot of questions about the tenants involved. We may have to address getting these people out, or shutting the electricity off. If it appears that we can work something out, he will ask the staff to stand by and not shut off the electricity. Item l0a ORDINANCE NO. 2-85 AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF INDOOR AND OUTDOOR PUBLIC AND SEMI-PUBLIC SWIMMING POOLS, WADING POOLS, PORTABLE POOLS, DIVING TOWERS, WATER SLIDES, SPAS, WHIRLPOOLS, PUB- LIC BATH HOUSES AND RELATED POOL AREAS AND EQUIPMENT; REQUIRING A PERMIT, ESTABLISH A FEE; REQUIRING CERTIFICATION OF A POOL MANAGER OF OPERATION AND ESTABLISHING A FEE; AND, PROVIDING FOR ENFORCE- MENT. Moved by Councilman Harper that Ordinance No. 2-85 be passed. Motion seconded by Councilman Welburn. Councilman Harper stated that we had asked for this two years ago, and he feels it is a good ordinance. Councilman Palmer asked if we had had this last year, would it have prevented the drowning of a girl? Dr. Cox stated that he did not know, but the tepidity of the water was of such that she could not be easily seen in the water. He further stated that they are trying to recover the major portion of their expenses, but not all of it. 628 Item 10a, cont'd Mayor Cook asked about the marking of the depth in existing pools? Coolidge Threadgill stated that it would not be a problem. He contracted 24 cities of our size. Councilman Wilson asked what kind of input he got from those who would be affected? Mr. Threadgill stated that everyone he has talked to is in favor of it, except apartment complexes. Councilman Welburn asked about diving towers. Mr. Threadgill stated that we do not have it now, but some day we may. He also asked about the certification fee, and what they would get from being re-certified each year? Mr. Thread- gill stated that it would be updated each year. Dr. Cox explained that j these people are working four months of 'the year, and the next year they will need a refresher course. j Councilman Wilson asked about the objections of the apartment com- plexes? Mr. Threadgill stated that they don't want anything because most of them are out-of-town owners. Councilman Wilson stated that he does not want ordinances coming to the Council because the people involved did not have any input. Mr. Threadgill stated that he contacted the Trade Winds and Tiffany Apartments. The Tiffany out-of-town owner owns three complexes. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 10b Discussion was held on a proposed ordinance regulating the wrecker business. A motion was made by Councilman Palmer, and seconded by Council - man Welburn, that the ordinance be passed. Police Chief Harrelson stated that this ordinance would replace one we have had on the books for several years. It lowers the size, sets rates wrecker companies would charge, sets rates for large wreckers , sets up inspection fee for the officer on annual inspection, it expands the number of wreckers to a limit of 15, and sets up authority for the Finance Officer to pay the wrecker company from a certain account. The reason we have just now completed it is that we are using the impound facility, which was a part of the study several years ago. Councilman Wilson asked if the defi- nition of street applies to public right-of-way or public owned property? What about Sikes Center and Parker Square? Chief Harrelson stated that it does apply to both. Bill Melton, wrecker owner, stated that Sikes Center calls for a wrecker for an abondoned car. Major Trainham stated that they could get involved in the event of an accident. Councilman Wilson asked how fees payable at the scene would be enforced? Chief Harrelson stated that this would allow the wrecker driver to charge a fee for making the vehicle operable in the city. Chief Harrelson stated that this is an additional fee to make the call . Major Trainham stated that the wrecker company would receive a maximum of $15.00. Robin Young, Young's Body Shop, stated that the cost is the same to make a call and pull a fender. Mayor Cook asked what he charges for the call , and he stated $50.00. Al Palmatary, Al ' s Automotive, asked if they can be placed back on rotation if the wrecker driver makes no charge at the scene? Major Train- ham stated that is the policy. Mr. Melton stated that after 10 days they have to send registered letters. Councilman Palmer asked if it would be accepteble to him if he pulled a fender, and his company is placed in rotation? Mr. Melton stated that it would be if it is reasonable. Chief Harrelson stated that this is one of the problems in the old ordinance. There were a lot of complaints on the fees. The purpose of this was to set some fees. Councilman Wilson stated that there should be certain things in the package that the wrecker companies are willing to accept. He feels un- comfortable about the wrecker driver making the decision. This is sorle- thing that those in the business would recognize if they put their names on the list. 629 Item 10b. con't Mr. Palmatary became argumentive, stating that the wrecker owners could solve their problems. Major Trainham stated that Mr. Palmatary stated to him, "Trainham, we are going to run this wrecker service" , and Major Trainham replied that "as long as I am in the police business, I am going to run it." Mayor Cook stated that he would have no arguing or he would have him evicted. What we are doing is trying to make a reasonable change that they can all live with. Mr. Palmatary stated that being in the business, they have the knowledge to take care of these problems. He would like a small committee of their business. Mayor Cook stated that there was a great amount of information shared by owners of wreckers, and it was drafted in consideration of input, and what has proven to be work- able in our city. We can learn from mistakes of others. We have looked to them for their input. Mr. Palmatary mentioned an inspection fee, stat- ing that they are paying a dispatching fee to the city. Major Trainham explained that Gold Cross used to dispatch wreckers. They later decided to dispatch through the Police Department, and it has not created any problems. They are still paying the fee, and he feels they should continue to do so. Fire Chief Jameson stated that Plumlee took it over, and they asked for an increase in the monitoring fee. When Plumlee went out, and they were dispatched by the Fire Department, the Police Department took it over. The fee was negotiated through the City Manager's office for Plumlee. Major Trainham stated that for $32,00 each, they could not get a private company to do it. Mayor Cook stated that the City would have some recovery costs, also. Fred Werner stated that he has not been contacted on fees. Mr. Melton stated that he feels everyone doing business with the City should have to furnish tax statements to the City. Mr. Palmatary stated that Lonnie Morrison stated that it is against the law to limit a certain number of wreckers. This limits free enterprise. Major Trainham stated that it is being done in Fort Worth. Mayor Cook and Councilman Wilson confirmed that the wrecker companies desired the following: $15.00 up to the normal wrecker tow fee, or go back on rotation; recover administrative costs after 10 days; add tandem axle to definition; and after-hours call-out fee of $25.00. Councilman Harper men- tioned one person being involved in more than one company. Major Trainham stated that could not be controlled. Mr. Melton stated that he has two sons in the wrecker business, and all their insurance, telephone number, etc. , are in different names. There are some who operate under one telephone number. He would like to strike the number of wreckers which may be allowed. Councilman Welburn asked if it would not be in the best interest of those involved to have a limit, because of the market. It does not appear to be of economic interest. He and Councilman Palmer would like for the 15 wreckers to stay in the ordin- ance. Moved by Councilman Palmer that this matter be tabled for further study by the Police Chief. Motion seconded by Councilman Welburn, and carried unanimously. Item 10c Discussion was held on a proposed ordinance closing a portion of an alley between Lots 9 and 10, Block 14, Sikes Estates, Section F-1. A motion was made by Councilman Palmer, and seconded by Councilman Wilson, for passage of the ordinance. Mr. Gralton, who lives on Lot 8, stated that he is opposed to this because it will create a traffic hazard. He also has questions about Lot 9, which is facing Dickens Street. If the alley were to be moved, it would become a side lot, and that fence could be built along the sidewalk, which he does not believe would be conducive to the neighborhood. It took Mr. Hancock several years to put in his yard. He does not want to have con- struction going on for who knows how long for a fence, cabanna, pool , and workshop. Mayor Cook asked who is the owner of the alley from this road to .the 630 I Item 10c, cont'd. fence? Roger McKinney stated that half would revert to the owners of the lots on each side. Mr. Hancock intends to purchase the whole alley. Coun- cilman Palmer asked about complaints. Mr. McKinney stated that notice was given in accordance with replatting procedures, and not alley requirements. Councilman Palmer stated that he believes if you send this notice out again you will receive more than four complaints. Mr. McKinney stated that the original replatting notice was sent out in October. Moved by Councilman Palmer that this matter be tabled until notifi- cation is sent out again to concerned property owners in this area for their objections or approval . Motion seconded by Councilman Harper. Councilman Thomas asked why the Planning Board keeps approving this? Mr. McKinney stated that they looked at it from a utility viewpoint. Coun- cilman Thomas stated that he hates to go against the Planning Board twice. He asked if we are not giving them the right information? Mr. McKinney stated that there is no notification on closure of an alley except to abutting property owners. Mayor Cook asked Mr. Bonnett if sanitation trucks could make the turn in the alley? Mr. Bonnett stated that they can. The motion was carried by the following vote. Ayes: Councilmen Swift, Harper, Palmer, and Welburn. Nays: Mayor Cook, Councilmen Thomas and Wilson. Item 10d ORDINANCE NO. 3-85 ORDINANCE EXTENDING ORDINANCE NO. 83-84, WHICH WAIVED SECTIONS 31-51, 31-54, AND 31-55 OF THE CODE OF ORDINANCES, REQUIRING TAXIMETERS IN VEHICLES FOR HIRE, AND SECTION 31-47, REQUIRING CHAUFFEUR-DRIVEN VEHICLES FOR HIRE TO BE PLAINLY MARKED, CONCERNING LIMOUSINE SERVICE BY STEVE KNUDSEN AND MICHAEL F. GRIFFITH. Moved by Councilman Harper that Ordinance No. 3-85 by passed. Motion seconded by Councilman Wilson. Councilman Welburn asked where the snake, or problem, is in this not getting done in six months? City Attorney H. P. Hodge stated that it just fell through the cracks. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item lla RESOLUTION NO. 3-85 RESOLUTION TERMINATING OFFER TO CONTRACT WITH CITY OF LAKESIDE CITY FOR SANITARY WASTEWATER DISPOSAL AND TREATMENT. Moved by Councilman Thomas that Resolution No. 3-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None 631 Item llb RESOLUTION NO. 4-85 RESOLUTION TO APPROVE AWARD OF BIDS FOR REPLACEMENT OF PUMPS IN THE RECOVERY WELL AT THE CYPRESS STREET WATER TREATMENT PLANT. Moved by Councilman Palmer that Resolution No. 4-35 be passed. Motion seconded by Councilman Welburn. Councilman Welburn questioned the 70 per cent exception to local workforce. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None - - - Item llc RESOLUTION NO. 5-85 RESOLUTION TO AWARD BID FOR KELL BOULEVARD UTILITY RELOCATION PROJECT Moved by Councilman Thomas that Resolution No. 5-85 be passed. Motion seconded by Councilman Welburn. Councilman Harper asked about the time limits? Mr. Bonnett stated that it was included, as well as a penalty. Councilman Wilson asked how many people in this market are capable of doing this work? Mr. Bonnett stated there are two. There are 20-50 contractors in a 200 mile radius. There is lots of work . The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson. Item lld RESOLUTION NO. 6-85 RESOLUTION SUPPORTING THE DESIGNATION OF KICKAP00 AIRPARK, WICHITA FALLS, TEXAS, AS A RELIEVER AIRPORT FOR THE CITY OF WICHITA FALLS, TEXAS Moved by Councilman Harper that Resolution No. 6-85 be passed. Motion seconded by Councilman Thomas. Councilman Welburn asked Mr. Berzina if he had made a recommendation? Mr. Berzina stated that he hasn't. The City could not legally do this; neither could the Federal until this has been done. Councilman Thomas stated that the whole purpose of this is that Kickapoo Airport is the only airport located in the city, except Municipal Airport. It pays an average of 13 cents a gallon on gasoline. It is to be distributed to airports. We might have a chance to get it if we ask. Councilman Thomas stated that he has to match it, but he also has to tie up his airport for 20 years in a contract. The users of the airport will be the only ones contributing to l 632 I Item lld, cont'd. it. Councilman Welburn stated that he is satisfied with it. Councilman Thomas stated that if Sheppard Air Force Base airport is shut down, you won' t have anywhere else for planes to land. Bob Parker stated that it is shut down every year for air shows. We lose 10-15 commercial flights per year for air shows. The motion was carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn. Nays: None Item 12a Councilman Harper mentioned that a lot of cities allow for a waiver of pick-up garbage in alleys for handicapped persons. Ed Barrett stated that we used to do that. The reason it was changed was because there was a lot of abuse. The service is provided for an extra fee. Councilman Harper would like to hear some figures on it, and he requested Mr. Barrett to write a report on it. Councilman Harper noted an article in Texas Town and City, which states that cities can control development outside the city limits. He suggested that we do this. Larry Tompkins mentioned five shopping centers along Kemp, and teen- agers and trespassing. He stated that the state law makes it a more serious offense. Teenagers park in vacant lots and there is loitering. He suggested an ordinance on loitering, rather than trespassing. Officers are reluctant to enforce this. The fine is $25-$30. Mayor Cook requested Chief Harrelson to look at it. Items 12b,c The City Council recessed into executive session at 12:30 P.M. pursuant to Article 6252-17, Section 2, Paragraph (g) , of the Revised Civil Statutes. The meeting resumed at 1:55 P.M. Moved by Councilman Wilson that the following appointments be approved. 1 . Clean Community Commission a. Max Andrews, Chaiman - 1-1-85 to 12-31-86 b. John Daugherty - 1-1-85 to 12-31-86 c. Kathy Beavers - 1-1-85 to 12-31-86 d. Patty Young - 1-1-85 to 12-31-86 e. Gary Cardwell (reappointed) - 1-1-85 to 12-31-85 f. John Stahler (reappointed) - 1-1-85 to 12-31-85 g. Mrs. Aaron McDonald (reappointed) - 1-1-85 to 12-31-85 2. Citizens Advisory Committee on Method of Electing City Council Representatives. a. Tommy Robinson b. Carol Russell Wagner c. Arthur Bea Williams d. Irene Lambert e. James Irl Montgomery f. Phoebe Garcia g. Bob Estrada h. Imogene Anderson i . Jack Bock J. Lee Nielsen 633 Items 12b,c,cont'd. Motion seconded by Councilman Thomas, and carried unanimously. The City Council adjourned at 2:00 o'clock P.M. PASSES AND APPROVED this X-tz/ day of 1985 y D ook, Mayor ATTEST: Wilma J. ThomiAs`CMC, City Clerk