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Min 09/03/1985 14 Wichita Falls, Texas Memorial Auditorium Building September 3, 1985 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. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson Bill Palmer James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Jim Rudd, Highland Heights Christian Church. II� Item 3 -_ - - - - - Moved by Councilman Palmer that minutes of the meetings held August 6 and 27, 1985,be approved. Motion seconded by Councilman Thomas, and carried unanimously. III Items 4a-9a - - - - � — Moved by Councilman Wilson that the Consent Agenda be approved. Motion seconded by Councilman Welburn. Item 4a Bernice Prchal , a Planning Department employee, was honored as Employee j of the Monte for September. Mayor Cook presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. I Item 5a ORDINANCE NO. 90-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING PORTIONS OF THE OLD SEY[-iOUR ROAD AND MCNIEL AVENUE, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,and Welburn Nays: None ORDINANCE NO. 91-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A UTILITY EASEMENT LYING IN LOT 3, BLOCK 4, FOUNTAIN PARK, SECTION 3D, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None ORDINANCE NO. 92-85 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A UTILITY EASEMENT IN MEADS SUBDIVISION, LOT 1 , BLOCK 1, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 15 Item 5b ORDINANCE NO. 93-85 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES CONCERNING SIDEWALK REQUIREMENTS ALONG AVENUE V AND GARFIELD ON COMMERCIAL PROPERTY HAVING A STREET ADDRESS OF 3201 GARFIELD AND DESCRIBED AS BLOCK 117, LOT 6, HIGHLAND ADDITION IN WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5c ORDINANCE NO. 94-85 ORDINANCE AMENDING SECTION 29- 263, SUBSECTIONS (b) 4 AND 5 OF THE CODE OF ORDINANCES (ORDINANCE NO. 17-85) TO PROVIDE FOR CERTIFICATION OF HYDRAULIC ROLL-BACK CARRIERS; DECLARING AN EMERGENCY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5d ORDINANCE NO. 95-85 ORDINANCE CHANGING THE SECOND REGULAR COUNCIL MEETING FROM SEPTEMBER 17, 1985, TO SEPTEMBER 24, 1985, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5e ORDINANCE NO. 96-85 ORDINANCE WAIVING SECTION 22- 4 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF BEER AT THE FUN RUN CONTEST AT LUCY PARK ON SEPTEMBER 7, 1985, SPONSORED BY OUR LADY OF GUADALUPE CHURCH. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson Item 6a RESOLUTION NO. 105-85 RESOLUTION APPROVING SALE OF A REMAINDER OF LOT 9, BLOCK 9, BARWISE AND JALONICK ADDITION, TO A. D. HANNA Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6b RESOLUTION NO. 106-85 RESOLUTION PROVIDING THAT TERMS OF OFFICE OF DIRECTORS OF THE BOARD OF THE WICHITA APPRAISAL DISTRICT BE STAGGERED. Ayes: Mayor Cook, ' Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6c RESOLUTION NO. 107-85 RESOLUTION CONSENTING TO THE APPOINTMENT OF BOB BROTHERTON, DON MAXFIELD AND DAN TOMPKINS AS SUBSTITUTE JUDGES OF THE MUNICIPAL COURT FOR TERMS OF TWO YEARS. 16 Item 6c, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a The low bid for an annual supply of computer paper and forms was awarded to Moore Business Forms in the amount of $22,178.28. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn j Nays: None I Item 8a-d I Minutes of the meeting of the Kemp Public Library Advisory Board held May 8, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Youth Activities Advisory Council held July 30, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and j Welburn Nays: None Minutes of the meeting of the Board of Electrical Examiners held August 8, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Planning and Zoning Commission held August 14, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9a A tax refund was approved in the amount of $2,269.88, paid in error by Security Trust Company. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 10a Moved by Councilman Harper that a public hearing be set on September 24, 1985, for one additional taxicab for Claudio Ramirez, Senior. Motion seconded by Councilman Welburn, and carried unanimously. Item 10b The public hearing was opened on hazardous structures. Tom Ataliotis, 2014 9th Street, stated that he needed more time. Mayor Cook noted that the ordinance calls for 30 days; however, if construction crews were on the job, and progressing at a reasonable rate, then the City would work with him. Bruce Dale Graham, 1613 Cole, stated that this property is in litigation, and he does not know what to do with it. 17 Item 10b, cont,d. Planning Director Roger McKinney stated that this property has been removed from this ordinance, along with 301 North Broadway, 307 Burnett, and 3034 Stearns. Helen Jackson, 1002 Flood, along with Mr. Jackson, stated that they needed to do a little more work. Mayor Cook noted that this has been deemed to be irrepairable. Mr. Jackson did not agree, stating that they have been working on it; that it is a storage building. Videos were shown by Code Enforcement on this property, and discussion was held on the hazards. Councilman Wilson asked when the building permit was taken out? They did not know; however, it was noted that the permit expired in June of this year. Councilman Palmer requested that this property be placed on the repairable list, but that it be monitored and brought back to the Council in 60 days if adequate progress has not been made. Kelly Bilberry, 1302 and 1304 31st Street, stated that he has been using both of these structures for warehouses for the past few years. He stated that they are sound, from his point of view, and would like to continue using them. He mentioned several storage areas in the general area. Councilman Swift asked what it is zoned for? Mr. McKinney stated it is zoned for single -family residences, but that the burden of proof will be on this gentleman that the structures are non-conforming uses. Videos were also shown on this property. Councilman Harper requested that this property be moved to the repairable list, and see what happens within the next 30 days. Mayor Cook noted that Mr. Bilberry needs to address the use of the property, and the repairs of it. Boyd Curtis, 1004 5th, stated that he has a house out in front with a store on it, and an apartment in the back. He has been renting it, but has had a lot of vandalism. He was under a peace bond so he could not protect his property, but he is no longer under a restraining order. Councilman Thomas asked if he wanted to repair the property or tear it down? Mr. Curtis would like to repair it. Mayor Cook stated that there is protection for both landlord and tenant, and suggested that Mr. Curtis secure an attorney and use the auspices of the Sheriff's Department in enforcing the law. The Council agreed to move this property to the repairable list. If it is not repaired in 30 days, then it will be demolished. Mr. Curtis also mentioned vandalism of a sand pit behind the sewer plant off Andrews Street. Councilman Welburn noted that it is not fenced and secured. Mayor Cook noted that property ownership is a right, but it is also a liability, and it is the responsibility of the property owner to take care of it. Councilman Welburn not:ed that he lives near this property, and asked Mr. Curtis if he had considered donating this property for a park? Some young people like to fish here. Councilman Welburn requested that the property belonging to Harrison Taylor at 611 Lake be placed on the repairable list, noting that Mr. Taylor has been ill for the past six weeks. ORDINANCE NO. 97-85 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilman Harper that Ordinance No. 97-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lla ORDINANCE NO. 98-85 18 Item lla, cont'd. AN ORDINANCE AMENDING SECTION 28 -21 OF THE CODE OF ORDINANCES RELATING TO THE HOTEL AND MOTEL OCCUPANCY: TAX Moved by Councilman Wilson that Ordinance No. 98-85 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 llb ORDINANCE NO. 99-85 AN ORDINANCE REPEALING AND AMENDING CERTAIN SECTIONS OF CHAPTER 25, ARTICLE III , DIVISION 2 OF THE CITY OF WICHITA FALLS CODE OF ORDINANCES RELATING TO MINIATURE GOLF AND OTHER SPORTS Moved by Councilman Palmer that Ordinance No. 99-85 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 llc Discussion was held on a proposed ordinance to re- zone Lot 13, Melody Ranch Estates, from single family one to general commercial . A motion was made by Councilman Wilson, and seconded by Councilman Thomas, for passage of the ordinance. Councilman Wilson stated that when this property was developed, the two parcels on the north and south end were vacant, and for commercial use. The people who bought this property were aware of the commercial usage of these properties. It was on notice in their deeds. He believes nothing will happen here that would not have already happened. Velma Sughrue, 218 Rathgeber Road, stated that she lives within 200 feet of this property, but she does not live in Melody Ranch Estates. Councilman Wilson noted that the property owners on Deer Creek Road would be more affected than she. There are some properties in Melody Ranch Estates that are commercial . It was noted that the Planning and Zoning Commission turned down this request because of the large lots. The property owner wants to be able to sell it for commercial purposes. The motion failed by the following vote. Ayes: Councilmen Wilson and Palmer Nays: Mayor Cook, Councilmen Swift, Thomas, Harper,, and Welburn. Item lld ORDINANCE NO. 100-85 AN ORDINANCE REZONING 109.07 ACRES OF LAND FROM SINGLE FAMILY RESIDENTIAL STANDARD LOT (SF-2) AND MULTI -FAMILY RESIDENTIAL (MFR) TO HEAVY COMMERCIAL (HC) AND GENERAL COMMERCIAL (GC) ZONING DISTRICTS Moved by Councilman Harper that Ordinance No. 100-85 be passed. Motion seconded by Councilman Thomas. Roger McKinney stated that this has been platted, and streets put in, but no homes have been built. The subdivider will vacate the plat. The motion carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn 19 Item lld, cont'd. Nays: None Item lle ORDINANCE NO. 101-85 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES CONCERNING SIDEWALK REQUIREMENTS ALONG THE 4500 BLOCK OF NORTHWEST FREEWAY IN NORTHVIEW ADDITION, WICHITA FALLS, TEXAS Moved by Councilman Welburn that Ordinance No. 101-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Item llf ORDINANCE NO. 102-85 ORDINANCE WAIVING SECTIONS 22-1 (a) (9) AND 22-4 OF THE CODE OF ORDINANCES TO ALLOW THE POSSESSION AND CONSUMPTION OF BEER AND THE POSTING OF ADVERTISING MATERIAL IN JAYCEE PARK FOR THE TRIATHLON, AND DECLARING AN EMERGENCY. Moved by Councilman Harper that Ordinance No. 102-85 be passed. Motion seconded by Councilman Welburn. Charles Townsend and Jim Anderson stated that a triathlon involves swimming across Lake Wichita and biking around it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson Item llg ORDINANCE NO. 103-85 ORDINANCE WAIVING SECTION 22-1 , SUBSECTION (a) (9) OF THE CODE OF ORDINANCES PROHIBITING ADVERTISING SIGNS AT HAMILTON PARK TENNIS CENTER FOR THE THIRD ANNUAL WICHITA FALLS COLLEGIATE TENNIS CLASSIC. Moved by Councilman Thomas that Ordinance No. 103-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12a RESOLUTION NO. 108-85 RESOLUTION REJECTING BIDS FOR THE 1985 COMMUNITY DEVELOPMENT REPAVING PROGRAM Moved by Councilman Harper that Resolution No. 108-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None 20 Item 12b RESOLUTION NO. 109-85 REQUEST FOR WAIVER OF 70% LOCAL LABOR REQUIREMENT FOR CYPRESS EXPANSION PROJECT CONTRACT D Moved by Councilman Thomas that Resolution No. 109-85 be passed. Motion seconded by Councilman Harper. Councilman Harper stated that he believes we can solve this problem by changing the 70 percent requirement to a 250 mile radius of the city for paving and pipe work. He would not want to go along with a blanket waiver. Mayor Cook stated that he believed Mr. Bonnett will be coming to the Council with some recommendations. Mr. Bonnett believed this would do what we need it to do. Councilman Wilson feels we may need to address this with our legislators to tie down the bidding process. Councilman Welburn suggested that we address the one today, and then look at the overall ordinance. Moved by Councilman Harper that the resolution be amended to read 70 percent of the workers by craft, and also add a final phrase to allow use of workers residing within a 250 mile radius of Wichita Falls. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Wilson, Palmer, and Welburn Nays: Councilmen Swift and Thomas The motion for the resolution, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Palmer, and Welburn Nays: Councilman Swift Item 12c RESOLUTION 110-85 RESOLUTION TO APPROVE LEASE AGREEMENT WITH THE CITY OF OLNEY, TEXAS, AND TO APPROVE A RIGHT-OF-WAY EASEMENT TO THE CITY OF OLNEY, TEXAS Motion by Councilman Palmer that Resolution No. 110-85 be passed. Motion seconded by Councilman Wilson. Councilman Wilson asked if changes in rates have been incorporated into this request? Mr. Bonnett and Mr. Hodge both stated that they have been. The motion was carried by the following vote: Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12d RESOLUTION NO. 111-85 RESOLUTION SETTING A PUBLIC HEARING FOR THE PAVING OF AN ALLEY NORTH OF THE LYNWOOD EAST PARK AND DIRECTING STAFF TO PREPARE PRELIMINARY CON- STRUCTION COST ESTIMATES Moved by Councilman Thomas that resolution No. 111-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn 21 Item 12d, cont'd. Nays: None Item 12e RESOLUTION NO. 112-85 RESOLUTION INDICATING OPPOSITION TO PRESIDENT'S TAX PROPOSAL FOR MUNICIPAL BONDS Moved by Councilman Harper that Resolution No. 112-85 be passed. Motion seconded by Councilman Thomas. Councilman Harper asked if we should include a detailed analysis of what would have happened in our last bond issue if this had been done? Mr. Werner stated that they could prepare it. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Item 12f Discussion was held on a proposed resolution granting exception to the requirements of Resolution No. 112- 83 as it pertains to the 1985 Community Development Pavement Rehabilitation Program. A motion was made by Councilman Harper, and seconded by Councilman Palmer that we amend this resolution with the 250 mile distance, rather than the SMSA. George Bonnett stated that in this case we have a bidder actively seeking this bid, and he would recommend total waiver. Councilman Harper stated that he is opposed to total waiver unless they request it in advance, prior to the bid. Mr. Bonnett stated that by waiving it we can expand the competition, and hopefully get a lower bid. An amendment was moved by Councilman Wilson to remove the 250 mile radius for a total waiver. The motion was seconded by Councilman Palmer. Councilman Harper noted that if we really believed we need the ordinance, we need it every time we bid it. If a low bidder came in out of this radius, then he would be willing to waive it. They could put it in their bid about the waiver. Public Works could expand on this. Mr. Bonnett agreed that a contractor could bid it as Councilman Harper suggested. Some have indicated that they do not want to expose their hand if there is a question that the bidder may not get the waiver. There is an expense in bidding. Mayor Cook and Councilman Wilson agreed that it could be a limiting factor if a bidder had to take the chance of the Council not granting the waiver. The amended motion to remove the 250 mile radius failed by the following vote. Ayes: Mayor Cook, Councilmen Wilson and Palmer Nays: Councilman Swift, Thomas , Harper, and Welburn The motion limiting it to 250 miles failed by the following vote. Ayes: Councilman Harper Nays: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Moved by Councilman Palmer that the resolution be passed, as presented in the agenda packet. Motion seconded by Councilman Wilson, and failed by the following vote. Ayes: Mayor Cook, Councilmen Wilson and Palmer Nays: Councilmen Swift, Thomas, Harper and Welburn Mr. Bonnett noted that they have been told flat out that they will not bid it unless the waiver is granted. They believe they are being placed 22 Item 12f, cont'd. in a position where a local contractor is favored if there is a $2.00 less bid. The initial track record pretty well supports it. Item 12g I Discussion was held on a proposed resolution authorizing the City Manager to enter into a contract with Groves and Associates for design of a waterfall off Central Freeway. A motion was made by Councilman Harper, and seconded by Councilman Welburn, for its passage. Councilman Harper stated that he thought we were going to do it with Mr. Groves as a consultant. The City Manager stated that they wanted to buy Mr. Groves ' expertise. Mr. Groves has asked for a three- stage contract. Councilman Harper stated that the cost would be about the same if they hire local people, and get Mr. Groves as a consultant. Mayor Cook noted that Streams and Valleys want to raise the funds. They want to see something done toward completion for Junefest next year. What we need are Mr. Groves ' recommendations and experience, which no one here has. Councilman Wilson stated that he asked for more information several times from Mr. Groves, and to date he still has not received it. He will not vote for any contract with this gentleman until he has it. Councilman Harper stated that he is not aware of any waterfall which Mr. Groves has done. Mr. Berzina stated that they met with a local group who stated they could do it. They waited two months, and then they came back and stated they could not do it. Councilman Harper stated that we have one firm here which can do it, and they stated they have not even been approached. The motion for passage of the resolution failed by the following vote. Ayes: Mayor Cook, Councilmen Palmer and Welburn Nays: Councilmen Swift, Thomas, Harper, and Wilson Councilman Harper stated that the local firm of Chambers and Bradshaw could do the contract, with Mr. Groves as a consultant. Item 13a Bids for controllers for Broad and Holliday Streets were considered. Moved by Councilman Harper that the bid be awarded to Traffic Signal Equipment, Inc. , in the amount of $38,844. Motion seconded by Councilman Palmer, and carried unanimously. Item 13b Discussion was held on a proposed resolution to award a bid for the 1985 Budget Utility Improvement Project. A motion was made by Councilman Welburn, and seconded by Councilman Thomas, that the resolution be passed. It was noted that this includes everything north of Airport Drive, including Wherry Housing. Councilman Palmer stated that he gets nervous with only one bid. He asked where the two companies were from who did not bid because of the 70 percent requirement for local labor? Mr. Bonnett stated they were from Lubbock and Fort Worth. He also stated that they were comfortable with this bid. Even though it is slightly above the estimate, there is good reason for it. Eight bids were sent out. Councilman Wilson stated that he will not vote for a one-bidder item. The motion failed by the following vote. Ayes: Councilman Harper Nays: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn 23 Item 13c RESOLUTION NO. 113-85 RESOLUTION TO AWARD BID FOR 1985 SLURRY SEAL AND SCRATCH OVERLAY PROJECT Moved by Councilman Thomas that Resolution No. 113-85 be passed. Motion seconded by Councilman Wilson. City Engineer David Zelanok requested that the Council approve an additional $69,000 so others can be added. He also explained other projects which are under consideration for future bids in heater scarification and fresh overlay, and five or six additional miles for slurry seal , for a total of 30 miles under all projects. Councilman Harper noted that this company is a small , reputable firm in the Dallas area, known as Cisco. The City Attorney stated that he understands that they did not present their financial statement at the time bids were open, but they did later. None of the bidders presented them, either. He is unable to say for sure if his not including the financial statement would invalidate his bid. Councilman Harper stated that it is against the law to do anything that prequalifies their work, according to the Attorney General . He further stated that two local bidders do not have the equipment, and they are having to rely on a contractor in Dallas. Cisco is able to come up with a similar type of machine. The only one he knows of in this area is Dalworth, in Dallas. He can do it: cheaper because of the equipment situation. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Item 14a Melvin Bradley requested that the homestead exemption be increased from $15,000 to $18,000. He stated that a great percentage of these homeowners are widows hiving near the poverty line. Mayor Cook explained that they would need to request the staff to go back and re- open the budget to cut $90,000 in services out of the budget, or raise the tax rate to compensate their request. Moved by Councilman Palmer that the staff be instructed to trim $90,000 from the budget to approve this exemption, and bring an ordinance back to the Council for consideration. Motion seconded by Councilman Harper. Assistant City Manager Ed Barrett stated that a public hearing is required to raise the tax rate, if they go above 2.9 percent. Mayor Cook noted that the budget -is very lean. We would have to cut services. City Manager James Berzina stated that one of the worst things we can do with the tax is to make exceptions. When you do this, you put the burden on someone else. The tax rate two years ago was 75 cents. It is now 62 cents. Other budgets have increased. This is one reason why this type of action may not be required when we are cutting the rate. It might be considered when you are raising the rate. Mayor Cook agreed, stating that everyone benefits except a chosen few. The County and School have granted this exception, but their tax rate has not dropped, either. More than one and one- half million dollars have been granted to these people in the last two years. Councilman Welburn stated that they are a special group of people, but they find themselves in a position not completely of their own making. Some of these people may have pushed themselves into a corner in trying to make room in the marketplace for younger executives. The very least we should do is ask the staff to look at alternate proposals to increase taxes, or cut services, or anything else to achieve this . Mr. Berzina stated that the best 24 Item 14a cont'd. way to do this is to prepare a list of things that you want to leave out at the time of adoption of the budget. The motion was carried unanimously. Item 14b Award of the City' s depository bank contract was considered. Mayor Cook asked why this item was under other business? The City Manager stated that he did not know. Chief Accounting Officer Fred Werner presented an analysis of bids received for depository of the City' s funds. Frank Gibson appeared as Attorney for Interfirst Bank, stating that they bid on a fixed dollar amount for managing this account. Parker Square Bank stated that their fees are subject to change on 30 days notice. He does not see how you can have a fixed bid based on this. Mr. Tucker, of Parker Square Bank, stated that they bid this proposal based on whatever activities the City chooses to run through this depository account. It is the same as all commercial customers. Frank Gibson stated that the bid of Interfirst is a fixed bid for two years. Parker Square could go up on their fees fifty percent within 30 days , and we are hung with it. He believes their bid is unresponsive. Councilman Harper believes we need to go with something that we know what it is. Either award it to Interfirst, or re- bid it under conventional methods. The state law is that we cannot do these things, except with sur- pluses. Mr. Werner stated that CD's average 9.3 percent. This was the rate that was bid two years ago by Interfirst, according to Councilman Harper. We would probably want to have a contract that would allow the rate to go up. We need a variable rate now. Mayor Cook noted that we would do investments under treasury series. The depository bid today does not include investment banking. Mr. Werner stated that a managing function or participating function was re- quested in the bid. M- Bank does not want to handle the checking accounts; only investments. Mr. Tucker stated that the marketplace would keep control of it. If they changed rates for the City of Wichita Falls, they would change all commer- cial customers. Mr. Gibson noted that when their bid states that a fee sched- ule can change with 30 days notice, you don' t have a two- year bid; you have a 30 -day obligation. The City Attorney stated that he would have a problem with this unless it is tied to something. Moved by Councilman Harper that the bid be awarded to Interfirst for the checking account for two years, in the amount of $75,000 a year. Motion seconded by Councilman Palmer. Councilman Wilson stated that he doesn't think what we have to choose from is clear, and he is not comfortable with it. Mr. Werner agreed with Mr. Gibson that the City would be trying to secure the best rate on invest- ments from all institutions, but that one bank would handle the checking account. Mr. Tucker stated that he did not think Parker Square could use a fixed rate bid. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: Councilman Wilson Item 14c John Langford appeared regarding the new animal control ordinance. He addressed the permits for various animals, and asked that they address the keeping of chickens, dogs, etc. Mayor Cook noted that they can request the 25 Item 14c, cont'd. staff to discuss with them the questions they may have. Mr. Langford raises fighting chickens. Councilman Welburn asked Mr. Langford how long he has been in the city? Mr. Langford stated 15 years. Councilman Welburn again asked Mr. Langford where he was three months ago when it was being discussed? Mr. Langford stated that he did not know about it. Councilman Welburn explained that everyone was given an opportunity to address it, by postponing it, etc. Dr. Cox solicited the support of various groups in writing the ordinance. One of the responsibil- ities in operating in a free society is vigilance. Councilman Wilson suggested that he spell out in writing what their concerns are, and present it to the Council . He would be glad to entertain what their concerns are. Councilman Welburn stated that he feels Dr. Cox would be willing to hear his concerns, keeping in mind that he will keep in mind the cost of the service. Frank Trotter appeared in regard to a lease cancellation for Mr. Cook at Lake Arrowhead. He stated that Mr. Cook gave him a check to mail , which he did. He is here to find out what the City' s plans are for leasing in the future. Mayor Cook stated that the lease was revoked for late or non- payment. He was a month late on his payment. Mr. Trotter asked if it is the City' s plans to not lease them in the future? He stated there is a mobile home erected on a permanent foundation on this property. Councilman Wilson stated that the City should take the course of a respon- sible landlord, and abide by the terms of the lease. The Council has instructed the City Manager not to lease these lots. Councilman Harper stated that the Council is trying to get them in conformance with the leases we have. Mayor Cook stated that some of the problems we have is that the cost of services was not addressed in the beginning. This Council is not willing to proceed with the idea that every taxpayer has to subsidize the persons who are not willing to pay the price. This Council is not willing to renew leases which have not met the conditions of the lease. Councilman Thomas and the City Manager noted that we can't do very much because we are in court. A copy of Mr. Cook' s lease can be obtained from the Park Department. Mayor Cook stated that we cannot do anything at this point because of the situation. The options available to him are to vacate within 60 days, or to ask the Council to renegotiate a new lease. Assistant Parks Director Bill Hursh stated that payment was late, and they notified Mr. Cook that the lease had been cancelled. Councilman Wilson stated that this contract is void, and he does not believe they should take a posture of anything different. He will not support a mobile home on this property. He has no objection to allowing these people time to move them. Councilman Palmer did not want to make any decisions until after the court case is settled. Bonnie Norris appeared regarding Philip Davis. The mobile home is in the name of Jack L. Wells. The Council agreed to 60 days to vacate these properties. City Attorney H. P. Hodge mentioned that he was having difficulty in trans- ferring title to the Littlest Skyscraper, and suggested a long- term lease. Councilman Swift stated that the purpose of selling it was to get it back on the tax rolls. The City Council recessed at 1:30 P.M. , and reconvened at 2:20 P.M. Item 12g Mr. Al Groves appeared, with drawings of the proposed riverwalk waterfall . 26 Item 12g, cont'd. i j RESOLUTION NO. 114-85 RESOLUTION TO APPROVE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GROVES AND ASSOCIATES, INC. , CONSULTING ENGINEERS, FOR THE DESIGN OF i THE WATERFALL OFF OF THE CENTRAL EXPRESSWAY Moved by Councilman Harper that this resolution be reconsidered and passed, and that the City Manager and Mr. Groves be instructed to negotiate with a j local firm on the design for the waterfall . Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Councilman Wilson asked Mr. Groves when he would have the information he had requested? Mr. Groves stated in about two weeks. i jGeorge Bonnett reported on the utility rate study. Mayor Cook suggested an incentive, or discount, or rebate, for those people who go to total water conservation. Mr. Bonnett stated that Option 3 is more equitable in terms of costs. At some time we will have to look at a surcharge on residential usage to stimulate conservation. It was requested that an ordinance be prepared and brought back to the next meeting. Items 14d,e The Council recessed into executive session at 3:20 P.M. , and reconvened at 5:20 P.M. Moved by Councilman Wilson that the following appointments be made. a. MHMR Broad of Trustees - Larry Lambert (replacing Karen Kornell ) , term to expire August 31 , 1987. b. MHMR Public Responsibility Board - Barbara Glickman (replacing Drucillia Scaling) , term to expire August 31, 1986. Linda Weber, Mikal Lambert, Ron Goldstein, and Jackie Hall , terms to expire August 31 , 1987. Motion seconded by Councilman Welburn, and carried unanimously. The City Council adjurned at 5:25 P.M. PASSED AND APPROVED this 44� ay of 1985. e_o � ar D. ok, Mayor ATTEST: Wilma J. Thomns, W, City Clerk