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Min 11/18/1986 371 I Wichita Falls, Texas Memorial Auditorium Building i November 18, 1986 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 5:30 o'clock P.M. , with the following members present. Charles Harper Mayor Sandy Goff Ruth Ann Allred Ronald Buffum Councilmen Lindsey Walker Don Kirkham Charles Thomas James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Merrell Johnson, Anderson Chapel AME Church. Following the invocation, Charles Harper, Mayor, asked Mr. Johnson to tell about their learning center. He explained that it is for people who did not have an opportunity to finish high school , to prepare for their GED. They also distribute commodities. He requested help in this endeavor, stating that they have been in operation for two and one-half weeks. Mayor Harper read a poem. Item 3 Moved by Councilman Kirkham that minutes of the meeting held November 4, 1986, be approved. Motion seconded by Councilman Goff, and carried unanimously. Tika Cadambi , of the Youth Activities Advisory Council , requested an amphitheater, and establishment of a teen court. Smitty Browning, of the Jaycees, explained how the teen court works in Waco. Judge Gillen has the information on it. Items 4a-6d Item 4a was moved to the regular agenda. Moved by Councilman Thomas that the consent agenda be approved. Motion seconded by Councilman Buffum. Item 5a RESOLUTION NO. 175-86 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO 1986 BUDGET UTILITY IMPROVEMENTS PROJECT Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None 372 Item 6a Minutes of the meeting of the Park Board held September 25, 1986, were received. Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 6b Minutes of the meeting of the Kemp Library Board held October 8, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 6c Minutes of the meeting of the Park Board held October 23, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 6d Minutes of the meeting of the Youth Activities Advisory Council held November 3, 1986, were received. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 4a RESOLUTION NO. 176-86 RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR ELECTRIC DISTRIBUTION LINE AT FIRE TRAINING FACILITY Moved by Councilman Thomas, for discussion, that Resolution No. 176-86 be passed. Motion seconded by Councilman Buffum. Councilman Thomas asked about the location of the training tower, stating that he is concerned that firemen work with a lot of ladders, and he hopes safety has been taken into consideration. Wayne Bell , Assistant Fire Chief, stated that they would move the line so that they would have about 75 feet of breathing room and safety. The safety factor would be greater at that time than they now have. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 7a ORDINANCE NO. 94-86 ORDINANCE APPROPRIATING $2,000,000 FROM THE GENERAL FUND TO ACCOUNT NUMBER LISTED BELOW FOR THE RIVERWALK PROJECT AND DECLARING AN EMERGENCY 373 Item 7a (Cont. ) Moved by Councilman Thomas that Ordinance No. 94-86 be passed. Motion seconded by Councilman Walker. Charles Davis appeared as a member of the Wichita County Taxpayers Association. They are concerned that the City Council has decided that the Number One priority is the riverwalk, without voter approval . He also mentioned the civic center. He stated that he has been told that we have a reserve of about eleven million dollars. He does not find eleven million equity in the budget. In view of the state of the economy, he believes this is not a wise decision. Charles Harper, Mayor, stated that nearly every bit of this has been in the paper, and on television. He does not remember what the total equity is, but he does not think it is eleven million. It may have been ten million. The equity was not a budgeted item. The City Manager explained that equity is not a part of the budget. It is shown in the financial report. Councilman Thomas noted that Mr. Werner would be happy to answer his questions. Mr. Werner stated that it is necessary to retain 3.8 million in equity. Councilman Walker commented on the Council taking steps to enhance the City of Wichita Falls. It is the function of this Council , not only to do for the present, but for the future. Mr. Davis did not think there is any problem in this, if the voters of Wichita Falls approve it. Councilman Kirkham asked if he envisioned the Council asking the citizens to vote on a two million fire truck? Mr. Davis stated that he realizes they could not have a petty cash fund for everything. Charles Harper, Mayor, asked the City Attorney if the Council is trying to circumvent the law in this matter? City Attorney H. P. Hodge informed him that they are doing it legally. Mr. Berzina mentioned things which they had talked about. They would have land in the priority zones appraised. Nothing will be purchased in the immediate future. He does not think it matters whether or not the emergency is left on the ordinance. Gene Shearman appeared, stating that he is neither for or against the riverwalk. He read the proposed ordinance. He also read from the state law on procedures for adopting a budget. He implored that they not circumvent the voters of the city. Councilman Thomas noted that it is a legal term. The only difference it will make is that you do it as an emergency, and not 30 days from now. Mr. Shearman requested that the voters decide. Jimmy Horany, Attorney at 701 Petroleum Building, and a resident of Lakeside City, appeared, representing the Wichita County Tax Payers Assoc- iation. He stated that Section 67 of the Charter provides that the budget will be governed by the general law of the state. Article 689-15, pertaining to budgets, provides that if a budget has been adopted, it is filed with the City Clerk and County Clerk. He stated that the Council has not yet amended and filed an amendment to the budget. City Attorney H. P. Hodge explained that, in his judgment, the adoption of an appropriation ordinance is amending the budget. Mr. Horany believes this is circumventing the law. City Attorney H. P. Hodge stated that he feels we are worrying about form, more than substance. He construes this to be an amendment to the budget, and always has. If the budget has not been filed with the County Clerk, it is just an oversight. He does not believe that invalidates the budget. Mr. Horany stated that it seems that the best way to create jobs is to lower the taxes. Sewer service is also needed. Charles Harper, Mayor, noted that he does not mind Mr. Horany talking about taxes, but he does not live in the city. Mr. Horany noted that he pays city taxes by the purchase of automobiles. Councilman Thomas informed him that none of the tax for the sale of an automobile goes to the city. Larry Tompkins stated that he knows they have already talked about this for many hours. He feels like several councilmen running for office 374 Item 7a (Cont. ) indicated that if a tax increase for the riverwalk is necessary, it would be voted on. Tax rates have not been raised, but in effect, they could be lowered. He stated that the riverwalk will not contribute to convention business, unless the convention is sitting right there with it. He does not understand why we have a civic center and zoning, when both have been voted down by the citizens. He would like to see a halt to the emergency of excess spending. Under the current situation, he would prefer to see it later. David Brock, 1209 21st, stated that two million dollars is a major expenditure. He commented that they need to remember what was said in budget hearings, and the promises made when they were running for council . He cannot see going forward with two million dollars without taxpayer approval . He stated that you will not create that much new business. It will just shift from one part of town to another. We have an apartment glut right now. He feels they need to look long and hard before spending two million dollars, which they will have to add to next year. Councilman Thomas noted that a recent BCI report shows that we are now twelfth in the State of Texas in travel dollars. We have surpassed Lubbock and Amarillo. Mr. Brock would like to see us commit to the riverwalk, etc. , but you don' t do it in an economic slump. Charles Harper, Mayor, stated that we are talking abut creating 5000 new jobs in four years. Councilman Kirkham noted that it has always not been the right time, and let' s do it next year. Susan Campbell , 2513 Fain, expressed appreciation for this appropriation. This council and other councils have discussed this riverwalk, and people have had an opportunity for input. The riverwalk project is to stimulate the economy, not only for the present, but for the future. It will stimulate tourist industry, and private development. It is for the diversification and stimulation of the local economy. She commended the Council for the appropriation. Charles Harper, Mayor, noted that the City Attorney has assured us that we are not curcumventing state law. He believes we need to get on with it. Councilman Buffum stated that he believes this Council should be setting priorities. The riverwalk is a part of this long range plan. It will provide jobs, and other benefits . On the other side, he realizes that we are care- takers of the citizen' s money. He feels that citizens should have a voice in how it is spent. One of the things we are facing is that we do not know exactly what it will cost. If we have that many "ifs" , perhaps we should let the people of Wichita Falls decide. Councilman Kirkham stated that this was discussed quite heavily. He feels that this riverwalk would definitely benefit Wichita Falls. He believes we need to proceed with this at a slower pace, and take it one step at a time. He does not agree that it should be an emergency at this time. He has had several calls on this. They have about convinced him that the citizens should tell them they are ready to proceed with it. Mr. Berzina stated that we would get the appraisals first, and bring it back to the Council . Councilman Thomas again confirmed that anything we spend will be voted on by the Council . Mr. Berzina stated that they would be brought back to them, with priorities, by phases. There has been no bid on the low water dam. It will come back to the Council to even auth- orize the bids. Councilman Buffum asked how much notice would need to be given to be placed on a ballot? City Attorney H. P. Hodge stated that they next uniform election date is in January. Councilman Kirkham would like to see some steps generated on where we are going. Councilman Buffum wants the taxpayers to have a total concept on what it would cost, and get feedback from the people. Councilman Thomas noted that he believes the citizens have had a voice in it. He is going to vote for it because he feels we are an aggres- sive city. You are what you think you are. He thinks Wichita Falls is a winner. Councilman Buffum stated that he thinks it is so important that 375 Item 7a (Cont. ) he does not mind waiting a few months for the voters to tell them what they want done with their money. He will vote against it. Councilman Walker stated that he feels a certain amount of trust was placed in the Council to make decisions. They have spent a lot of hours deliberating this. One thing they have agreed upon is moving the City of Wichita Falls forward. You have to trust someone. There are very few things that are sure. He believes that after he has looked at all ramifications, he is quite prepared to make a decision .tonight, and it will be what is best for all of the City of Wichita Falls. We are going to have to step forward. He is very much in favor of the people deciding many issues, but somewhere along the line the Council will be required to make certain decisions. To him, this two million dollars is priming the pump. We have to start moving now. If the citizens wanted to know the total cost, no one can guarantee what it will be. We have to begin with a first step, and he believes this is a very vital step, and he will vote for it. Charles Harper, Mayor, stated that we had a referendum the first Saturday in April . We need to get on with it. The motion for passage of Ordinance No. 94-86 was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Walker, and Allred Nays: Councilmen Buffum and Kirkham Item 7b A proposed ordinance was presented, waiving part of Section 5-47 of Ordinance No. 63-85, to allow keeping of livestock less than 200 feet from a residence located on another' s property. A motion was made by Councilman Kirkham, for discussion, and seconded by Councilman Buffum. The church located nearby would not endorse the waiver of the ordinance. Mr. Martin failed to make restitution for damages previously caused by his goats. Mr. Alan Martin stated that he was unable to make monetary restitution, but he offered his labor. They did not accept his offer. He stated that the fences where goats have been getting out are cattle fences. He rquested approval of the waiver. The fence is a conbination of barbed wire, chicken wire, chain link, and wood. Councilman Thomas noted that he is concerned about following the recom- mendation of the Health Department, and of being asked at a later time for another waiver, in order to be fair to all . Dr. Cox stated that the ordinance helps them to enforce the regulations. Four to five months ago the goats were out several times; sometimes on church property, and sometimes on Certainteed property. If a waiver is going to be granted for an ordinance, it should be after the individual who complained has been able to come to a reasonable agreement with the property owner who made the invasion. They feel that several hundred dollars of damage was done. Mr. Martin has another pen in which he could put the goats. Dr. Cox further stated that on the 5th of this month, there was a complaint and affidavit that the goats were out on church property, but by the time they got out there, they were back on his property. He could not recommend that this waiver be granted because of the possibility of his goats getting out. Mr. Martin admitted that goats will find a way to get out. The motion for passage of an ordinance granting a waiver, failed by the following vote. Ayes: Charles Harper, Mayor, and Councilman Walker Nays: Councilmen Goff, Thomas, Allred, Buffum, and Kirkham 376 Item 7c ORDINANCE NO. 95-86 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A TWENTY-FIVE (25) FOOT WIDE, NORTH-SOUTH ALLEY IN THE CURTIS & JAMES SUBDIVISION OF BLOCK 254, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT Moved by Councilman Walker that Ordinance No. 95-86 be passed. Motion seconded by Councilman Goff. Councilman Allred confirmed that other people affected will still have plenty of room to get out. Mr. McKinney agreed, stating that the nine feet being closed is unpaved. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8a RESOLUTION NO. 177-86 RESOLUTION TO APPROVE JOINT FUNDING AGREEMENT WITH U.S. GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR- CONTENT GAUGING STATIONS Moved by Councilman Thomas that Resolution No. 177-86 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8b RESOLUTION NO. 178-86 AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO DEVELOP THE NECESSARY PLANS AND SPECIFICATIONS AND TO GO TO BID ON THE BEAUTIFICATION OF A THREE BLOCK AREA OF SHEPPARD ACCESS ROAD Moved by Councilman Walker that Resolution No. 178-86 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8c RESOLUTION NO. 179-86 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KORN/ FERRY INTERNATIONAL FOR THE PROVISION OF PROFESSIONAL SERVICES FOR THE RECRUITMENT OF A FIRE CHIEF Moved by Councilman Goff that Resolution No. 179-86 be passed. Motion seconded by Councilman Buffum. 377 Item 8c (Cont. ) Frankie Durkee, 1010 Harding Street, asked why the City of Wichita Falls has to pay $13,000 to hire someone to look for a Fire Chief? We should ihave enough qualified people here without spending that amount of money. Councilman Thomas agreed, but stated that in our society, people will not give us the information that they will give to headhunters. They also spend so much traveling to find them, that there was not that much difference in the cost. Mrs. Durkee expressed that if we have qualified local people, we should hire them. Sheppard Air Force Base has a good fire department. She is tired of her tax money going to hire people from out of town. Council - man Buffum explained that we need to be looking at as many potential applicants as possible. Mr. Berzina stated that the City Council does not hire the fire chief. He does. He wants the best person he can find for this position. Not everyone will apply that will be interested. The biggest problem is checking the credentials. He thinks it is worth the money to find the best person possible. Mrs. Durkee doubts the degrees of some who have been hired. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8d RESOLUTION NO. 180-86 RESOLUTION TO APPROVE CONTRACT WITH UTILITY RATE CONSULTANT TO PERFORM A WATER COST OF SERVICE AND RATE STUDY FOR WHOLESALE TREATED WATER CUSTOMERS Moved by Councilman Buffum that Resolution No. 180-86 be passed. Motion seconded by Councilman Kirkham. Councilman Allred asked why Mr. Bonnett did not want to include the public sector in this? Mr. Bonnett explained that they have not seen anything to indicate that an increase was needed in the retail customer. Jim King, 417 Willow Drive, confirmed that this is water we are selling to cities other than Wichita Falls. In deliberations of Ringgold, this should be built in in all future dealings with cities that are using our water, so that they will help pay the cost of Ringgold. Charles Harper, Mayor, stated that this is part of what we have been talking about all along. Mr. Bonnett stated that the cost share will be based on the Public Utility Commission. Councilman Thomas stated that this has been worked on real hard, and he thinks we need a water district when it is built. Councilman Buffum stated that there is a desolinization in the omnibus water bill . Councilman Thomas noted that it would be a 25-year project to make the water useable. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None The City Council recessed at 7:30 P.M. , and reconvened the meeting at 7:58 P.M. Charles Harper, Mayor, read a proclamation honoring the Civil Air Patrol , noting that the week of December 1 is Civil Air Patrol Week. Lieutenant Swanton introduced various members, stating that they assist in disaster relief and emergency services. They look forward to serving the City of Wichita Falls. 378 Item 8e RESOLUTION NO. 181-86 RESOLUTION DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE SOLD BY SEALED BIDS Moved by Councilman Walker that Resolution No. 181-86 be passed. Motion seconded by Councilman Allred. Councilman Allred asked about Victory Baptist Church' s paved parking lot. Mrs. Chasteen stated that they are interested in bidding on this property for a parking lot. Councilman Buffum asked about the sale of property at Midwestern Parkway and Jacksboro Highway? Mrs. Chasteen stated that they have had interest from several property owners. Mr. Berzina stated that if the bid is not enough, then we don' t have to sell it. The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, Kirkham, and Walker Nays: None Item 8f RESOLUTION NO. 182-86 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH ATLANTIC SOUTHEAST AIRLINES, INC. FOR LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT Moved by Councilman Goff that Resolution No. 182-86 be passed. Motion seconded by Councilman Allred. Councilman Thomas asked if the Aviation Advisory Board has discussed this? Mr. Barrett stated that they have given their approval . The motion was carried by the following vote. Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum, kirkham, and Walker Nays: None Item 8g A proposed resolution was presented approving a new twenty year lease form for cabin sites at Lake Kickapoo. A motion was made by Councilman Buffum, and seconded by Councilman Allred, for passage of the resolution. Jim McDonald stated that the attorney for these people is out of town. He requested that this matter be held in abeyance until Mr. Farabee returns. Moved by Councilman Goff that this matter be tabled. Motion seconded by Councilman Buffum, and carried unanimously. Item 8h RESOLUTION NO. 183-86 RESOLUTION AMENDING THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY HERETOFORE ISSUED TO CLAUDIO RAMIREZ, SR. , FOR THE OPER- ATION OF THREE ADDITIONAL TAXICABS IN WICHITA FALLS 379 ;Item 8h (Cont. ) Moved by Councilman Allred that Resolution No. 183-86 be passed. Motion seconded by Councilman Goff. Councilman Allred asked Mr. Hodge to define his latest decision. Mr. Hodge noted that at the last meeting he voiced some concern that we might be in violation of the anti-trust laws. Since that time, he has done further research, and he has concluded from his research that Wichita Falls, and any other Texas home rule city, has an exemption from anti-trust laws. There is a state statute that authorizes regulation of cabs by the state. Legally, he believes they can go either way they want to. The would want to retain the right to inspect cabs for safety, etc. Glynn Purtle appeared as attorney for the Yellow Checker Cab Company, stating that he is not hereto speak about free enterprise. He feels the applicant has not shown the burden of proof of the necessity for public convenience. If this clause is done away with, what precedent will the council be setting? What if thirty other applicants came and how would they address their burden of proof? He agrees with Mr. Hodge' s explanation of the law. The stability of the taxicab company and its drivers is some- thing which he wants to address. Every excessive cab we have will take some livelihood from the present drivers. Councilman Kirkham asked how many permits Yellow Checker has now? Mr. Purtle believes it is in the low thirties. This is a problem of not only his client, but individual drivers. Some of the drivers own their own cars. Mr. Hodge stated that drivers are required to have a taxicab chauffeur' s license. Councilman Thomas stated that he has seen the quality of yellow cabs come up since Mr. Ramirez got a permit. He does not know if the quality would have come up if this had not happened. Councilman Buffum stated that he would much rather see a free open market, and government not limit the competition. Councilman Kirkham stated that free enterprise is what this city and country is about. He would like to see more competition. E. W. Sims, 1306 21st, stated that cab owners purchase their own permits, even though they are issued to Yellow Cab. He noted that the quality came up when drivers were given the option of operating their own cars. The City sets the rate for cabs. He stated that Mr. Ramirez' sons are using scanners to pick up their calls. There are fourteen individual owner-operated cabs with Yellow Cab Company. Councilman Walker asked how the rate is set up? Mr. Hodge believed it is a maximum amount. Claudio Ramirez, Senior, 2013 Elizabeth, stated that cutting fares is not the problem. Yellow has charged less than he does. He stated that he drove for Yellow for twenty years. The City Attorney stated that the Council makes the decision on the need for additional cabs. He stated that there was no objection raised to Mr. Ramirez when he first applied for a permit. He came in and asked for one cab. Then he requested to increase it to two cabs. Again, there was no objection expressed. There is no test of a statistical study, but it is based on evidence presented to them. Councilman Kirkham feels the ordinance is too vague. Mr. Hodge stated that from what he has heard, most cities operate generally like we do with a Certificate of Convenience and Public Necessity. He does not know about the need for additional cabs in other cities. The motion for passage of Resolution No. 183-86 was carried by the following vote. Ayes: Councilmen Thomas, Walker, Buffum, and Kirkham Nays: Charles Harper, Mayor, Councilmen Goff and Allred The Council requested that the ordinance be brought back for consideration to limit the specified number, retain safety standards, and to identify the need, if there is a need. They would like to retain the Certificate of Convenience and Public Necessity, but specify guidelines in there to 380 Item 8h (Cont. ) help make a decision. Councilman Thomas does not believe we should issue wholesale permits unless they are used. The primary purpose of the Council is not to regulate business, but serve the public. Item 8i Consideration of a storm water retention ordinance was presented for discussion. Charles Harper, Mayor, suggested that the Council and the public review this, and have input, before it is passed. This is the first step in controlling the runoff water. It will not be without cost. Mr. Bonnett recommended a minimum of two months to allow interested groups to review it, and exchange information. The widest possible dissemination of information will be helpful . Moved by Councilman Kirkham that this matter be tabled until the first meeting in February. Motion seconded by Councilman Walker, and carried unanimously. Bob Matthews, of Biggs and Matthews, agreed that it needs to be looked at. The Planning and Zoning Board will hold public hearings. Item 8j , k Councilmen Thomas and Buffum would like the contracts with tennis pro- fessionals to be reviewed by the Park Board on change of fees. Moved by Councilman Allred that this matter be tabled for further review. Motion seconded by Councilman Buffum, and carried unanimously. Item 9a Discussion was held on award of bid for elevated storage tanks. A motion was made by Councilman Thomas, and seconded by Councilman Buffum, that the bid be awarded for the torospherical tank in the amount of $566,800. Mr. Bonnett stated that the hydropillar tank is strictly an aesthetic consideration. The motion failed by the following vote. Ayes: Councilmen Thomas, Walker, and Buffum Nays: Charles Harper, Mayor, Councilmen Goff, Allred, and Kirkham RESOLUTION NO. 184-86 RESOLUTION TO AWARD BID FOR CONSTRUCTION OF ELEVATED STORAGE TANKS Moved by Councilman Goff that Resolution No. 184-86 be passed, awarding the bid for the hydropillar tank, in the amount of $666,800. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Goff, Allred, and Kirkham Nays: Councilman Thomas, Walker, and Buffum Item l0a A change order for the waterfall was discussed. City Engineer David Zelenok addressed the waterfall design and various options. Cuncilman Walker asked when we will know what this waterfall is costing us? Mr. Zelenok stated that it depends a great deal on the taste of people enjoying the falls. Charles Harper stated that he requested this change order. Councilman Walker is concerned that we keep adding to it. Mr. Berzina stated that the only change order still out there that he has heard about is that they may want to do something on the hill . 381 Item 10a (Cont. RESOLUTION NO. 185-86 RESOLUTION T APPROVE CHANGE ORDER NUMBER 8 TO THE WICHITA FALLS 0 WATERFALL CONTRACT Moved by Councilman Thomas that Resolution No. 185-86 be passed, approving Alternate A. Motion seconded by Councilman Goff, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilman Thomas, Goff, Allred, and Kirkham Nays: Councilmen Walker and Buffum David Brock asked what had been spent on the waterfall? Mr. Bonnett stated that a phone call could settle that. Item 11a Billy R. Delaney, 2 Bristol Lane, commended the Council for looking at the Normandy and Bristol Lane drainage problem. He asked about the present status of the situation? Charles Harper, Mayor, stated that it is in a long list of items the City Manager has, to be considered. He also asked about the cost factor. Charles Harper stated that Mr. Bonnett does not have the information with him. Councilmen Walker stated that this is an infested situation. Something needs to be done for protection of the people. Mr. Delaney stated that they have confidence in the present city council that they can find the owner. The Council assured him that they are working on it. Charles Moran, 5238 Jamaica Drive, appeared as minister of the Four Square Church, stating that this property is located outside the city limits. They found out recently that the Council had passed an ordinance that no service would be provided outside the city limits. He requested that this matter be put on the next council agenda. Roger McKinney stated that he understood that the church did not want to be annexed, and did not want to comply with the city building codes. Councilman Buffum asked if he would consider annexation to the city? Mr. Moran said that he did not want to circumvent any ordinances or codes. He is not opposed to coming into the city, but since they are tax exempt it would not be any benefit to the city. It joins the city limits at Hill and Hill Heights, and also on the West side. He does not know whether the building meets city codes. Mr. McKinney did not recommend just annexing this one piece of property. Councilman Thomas knew of no solution except to bring the church into the city limits. He suggested that Mr. Moran discuss it with Mr. McKinney. Councilman Buffum noted city services of fire, police, water, and sewer. Councilman Kirkham suggested that Mr. McKinney bring back something for the Council to consider next time if they can' t solve it. Mr. Moran stated that he would not object to the building being inspected. Viola Morton wanted to know when work will be started on Sheppard Access Road? Mr. Berzina stated that they need to have some meetings with the committee on the design. Mr. Morton is concerned about beautification of the medians. Mr. Berzina stated that costs need to be considered. Bob Westbrooks will call Mr. Berzina. Councilman Allred pointed out that the City has moved very quickly on this, and they should be proud of it. Jerry Ross, 1115 Rowland Road, requested a waiver from keeping livestock. Charles Harper, Mayor, stated that it would have to be on the agenda before they could act on it. He should submit the request to the City Manager. Dr. Cox stated that there is one property owner he has not received permission from. Bobby Lloyd, 4439 Phillips, an electrical contractor, stated that they are trying to promote people buying locally. He would like to see the Council get behind this. He encouraged the Council to consider restricting 382 Item lla (Cont. ) bids to a 50-mile radius for a general contractor, as well as a craft by craft basis. He also requested that they instruct the engineers in charge of the Cypress Street Water Plant to change the 250-mile radius to 50 miles. At least for an addendum on this project, and future projects, have a 50-mile radius, and ask contractors to use craft by craft trade at seventy percent local people. He requested that they also list their larger subs. Mr. Bonnett stated that he believes it is a question of what they want to pay for services, and he believes local contractors have a definite advantage. He would like the Council to adhere to the 250-mile radius. He has not had an opportunity to review the seventy percent with a 50-mile radius. Councilman Thomas noted that we have all kinds of bids to take into consideration. Sometimes we may have lots of local bidders, and sometimes we may not have more than one or two. City Attorney H. P. Hodge discussed the state law on taking bids, stating that he has some problems with this. Councilman Walker noted that a local contractor has tremendous advantage. Why are they not taking advantage of it? Bobby Lloyd stated that some companies are in town when a job is bid, and they bid on it. Councilman Walker noted that local people have their base here. Councilman Walker mentioned water in Williams Park asking how often is water released? Councilman Thomas stated that it is because of the large release of Lake Kemp and Lake Diversion water. Lucy and Harrell Parks are also affected. Mr. Bonnett stated that the Big Wichita should drop in another twenty-five days, barring no additional rainfall . Councilman Thomas stated that he has had a tremendous amount of complaints about our bus going to Dallas. It seems it was a shopping tour. Mr. Berzina stated that you cannot turn them down for the purpose of the use of it. Sixteen or seventeen people rented a city bus for a reasonable fee to go shopping in Dallas. Mr. Berzina stated that they would look at the policy, and the fee. Charles Harper, Mayor, mentioned several phone calls about our burglar alarm problem. Perhaps we need to look at the ordinance. He suggested that we get some of these people together to discuss the problems they are having. Councilman Thomas stated that he had already asked Captain Shelton to provide him a list, and set up a meeting. Charles Harper noted that Beau Boulter had congratulated the City on the President' s signing of the bill for Holliday Creek. Councilman Thomas stated that Senator Bentsen' s office is working on the contract with the Corps of Engineers. Charles Harper, Mayor, congratulated the Committee on the war on drugs. Cost figures are needed on the detox center. They want the Salvation Army Building on Seventh Street. Andy Toth stated that one of the biggest needs is drug treatment facilities for adolescents. He will request some kind of financial support from the Council . Charles Harper, Mayor, asked if the Council wanted to pursue a metro squad with the Sheriff' s Department? Mr. Berzina stated that he would like to visit with police personnel on the metro squad. Councilman Walker stated that he is afraid we will be the big brother for everyone. He is concerned about funding requests for the City. 383 Item llb The City Council adjourned into executive session at 11:05 P.M. , according to Article 6252-17, Section 2, Paragraph (g) , of the Revised Civil Statutes. PASSED AND APPROVED this day of 1986. i C arles Harper, Mayor ATTEST: i ma J. Thomas, CMC, City Clerk I