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Min 05/19/1987 524 Wichita Falls, Texas >'emorial Auditorium Building MIllay 19, 1987 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, net in regular session on the above date in the Council Room of the Memorial Auditorium I Building, at 5:30 o'clock P.M. , with the following members present. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Councilmen Ruth Ann Allred Ron Buffum Don Kirkham James Berzina City !`tanager H. P. Hodge City Attorney Gracy Wittmann Assistant City Clerk Fred L. Werner Chief Accounting Officer Wilma J. Thomas Absent The invocation was given by Pastor Mel E. Surface, Floral Heights Assembly of Cod Church. Charles Harper, Mayor, read a poem by Rhonda Cain about the Missing in Action and Prisoners of War in Vietnam. The poem was entitled What IF. Charles Harper, Mayor, also presented a flag to fly on the staff of City Hall until the Missing in Action and Prisoners of War are brought out of Vietnam. James Berzina, City Manaaaer, will see that the flag is properly displayed. Charles Harper, Mayor, presented a proclamation to Post 8878 in honor of Vetarans of Foreign Wars Buddy Poppy Days which will be Play 24 and 25. Item 3 Moved by Councilman Hirschi that minutes of the meeting held Pla,v 5, 1987, be approved. Motion seconded by Councilman Thomason, with the following correction. Councilman Thompson made a correction to Item tub of the minutes dealing with the bid opening process on the Community Overlay Project. He was not concerned that the bid from one contractor came in 45 minutes late, and was not opened, rather, his concern was that there should be adequate advertising and a standard time that the bids are opened to prevent future late arrivals of bids. The minutes, as corrected, were unanimously approved. Items 4a-6e Items 6a, 6d and 6e were moved to the regular agenda . Moved by Councilman Kirkham that the consent agenda be approved. Motion seconded by Councilman Buffum. 525 Item 4a ORDINANCE NO. 45-87 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A UTILITY EASEMENT IN LOT 1 , BLOCK 1, BRODIE BUICK SUBDIVISION, AND LOTS 1-4, BLOCK 1 , CANNON PARK ADDITION, WICHITA FALLS, TEXAS Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 5a RESOLUTION NO. 85-87 RESOLUTION APPROVING AND AUTHORIZING A LEASE CONTRACT WITH WICHITA FALLS BOATING CLUB FOR LOT ON NORTH SIDE OF LAKE WICHITA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LEASE CONTRACT Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 6b Minutes of the meeting of the Board of Electrical Examiners held April 9, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 6c Minutes of the meeting of the Planning and Zoning Commission held April 8, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 6a Moved by Councilman Buffum that minutes of the meeting of the Wichita Falls Park Board held April 23, 1987, be received. Motion seconded by Councilman Thomas. Councilman Buffum expressed the concern that the City was losing trees, and wanted to know what was being done to attempt to save them. James Berzina, City Manager, stated that the City is running water lines to the trees and evergreens, and that a leaky pipe system for watering would eventually be installed. Councilman Thomas referred to the red tagged trees, and said that they were the ones to be replaced. The motion was carried unanimously. Item 6d Moved by Councilman Hirschi that minutes of the meeting of the Kemp Public Library Advisory Board held April 1, 1987, be received. Motion seconded by Councilman Thompson. Councilman Buffum praised the work of Assistant City Managers Louise Houseworth and Ed Barrett in their study of the needs of the library. He stated that there seemed to be a lack of direction with the Board. Louise Houseworth said that at the March meeting of the Board, a study 526 Item 6d, cont'd. was presented, and implemented in April , before the Board had approved it. Councilman Buffum asked what the issue was. Miss Houseworth replied that she didn't think there was an issue at this time. Mr. Berzina, City Manager, also stated that there was no problem at this time. The motion was carried unanimously. Item 6e Moved by Councilman Kirkham that minutes of the meeting of the Citizen's Traffic Safety Council held March 4, 1987, be received. Motion seconded by Councilman Buffum. Councilman Kirkham asked that action be taken to consolidate the Traffic Safety Council and the Traffic Commission, as requested by the Traffic Safety Council , so that the item could be resolved. He said they are purging the membership so that meetings would have more attendance. Councilman Kirkham stated that no City employee was taking minutes of the meetings. He formally asked for a staff member to do administrative work of the Traffic Safety Council . Charles Harper, Mayor, stated that the Council should get the minutes before they go back to the Commission instead of a couple of months late. He brought attention to the date of March on these minutes being presented. He stated that if they come in early enough, they can be changed at the next Council meeting. Mayor Harper asked Mr. Berzina, City Manager, to handle this request. The motion was carried unanimously. Item 7a Discussion was held on a proposed ordinance to allow certain types of fences in front yards of single family and duplex residences. A motion was made by Councilman Kirkham, and seconded by Councilman Hirschi , for its passage. Paul Groves , 4305 Viewpark, brought to the Council pictures and a sketch of a fence he wished to have in his front yard, and wanted to know why he couldn' t have this type of railing fence. Mayor Harper asked the Council if they had any questions. Councilman Thomas stated that the fence looked like more of a decoration than a fence. Mayor Harper said that the fence Mr. Rhodes wanted to erect was not shown on the approved types of fences. James King, 417 Willow Drive, stated that he was opposed to any type of fence in the front yard. He expressed that he didn't want to open the question city-wide again. John Reed, Postmaster, Wichita Falls, stated that he had two concerns with front yard fences. He said that when a fence is a total enclosure they either keep something out or something in; they are not decorative. He expressed his concern about the cost and safety factors. He said that when a fence keeps something in, it is usually a dog, and the larger the dog, the more severe the damage. He cited a past incident involving a dog bite which he said the taxpayers will be paying for many years to come. He said he does not want to relocate a back yard problem. Mr. Reed said that his second concern was the cost factor. He said that it costs approximately $118 annually to deliver mail to the door. Curb line is less expensive, $83 annually. He stated if mail were delivered by entering and exiting throu h a gate, there would be an added $10 charge to each delivery. This 10, he said, would result in $450,000 added cost annually. 527 Item 7a, cont'd. Councilman Hirschi asked Mr. Reed if somebody who had a front yard fence could have mail delivered in another location outside the fence? Mr. Reed responded that they could have mail delivered at the outer perimeter. Councilman Thomas noted that all dog bites hurt; a small dog, or a large one. Mayor Harper asked Mr. Reed if he had any reports on Pit Bull cogs. Mr. Reed replied that he only had reports for Wichita Falls. Councilman Thomas asked if these were the same pictures and same presenta- tion format that was brought up before the Council before, and if so, what brought the issue back up? Roger McKinney, Planning Director, replied that it was a question of whether a variance would be allowed, and the Ordinance be reconsidered, and it was. Councilman Buffum stated that since they were hearing the same presentation, that some of those options should be removed. Councilman Thomas asked why the same presentation was being allowed by the same Board after the Council had denied it before? Councilman Allred replied that this was a different Board, and that they had decided to reconsider. Councilman Thomas expressed his concern that if the fence starts out as a two rail , it can be enclosed easily. He said that he would not like to see a fence in the middle of the block unless everybody else has a fence. Councilman Thomas suggested that they table the issue. H. P. Hodge, City Attorney, agreed that it could be tabled and they can bring it up at another Council meeting, but they would be back at square one. Councilman Kirkham stated that if the neighborhood already contained fences that would be one thing, but he doesn t like enclosed front yard fences. He was not opposed to decorations. He felt that they should eliminate some of the options, and include only split-rail fences. Moved by Councilman Kirkham that the proposed ordinance be tabled. Motion was seconded by Councilman Thompson, and carried by the following vote. Ayes: Councilmen Hirschi , Thompson, Allred, uffum and Kirkham Nays: Charles Harper, Mayor, and Councilman �homas Item 7b A proposed ordinance was presented rezoning certain lots in Floral Heights Second Addition. Mayor Charles Harper asked for the motion, and none was received. The item could not be considered without a motion. Emmett Druien stated that he failed to notice that this ordinance he was interested in had been addressed until it was too late for discussion. Mayor Harper told him he could bring it up again ii Item 10b, Other Business. Item 7c ORDINANCE NO 46-87 AN ORDINANCE REZONING LOTS 1, 2, & 3, SCOT AND ADDITION, WICHITA FALLS, TEXAS, FROM RIVER DEVELOPMENT DISTRICT (RD ) TO SINGLE FAMILY RESIDEN- TIAL, STANDARD LOT (SF-2) ZONE Moved by Councilman Hirschi that Ordinance No. 46-87 be passed. Motion was seconded by Councilman Kirkham. i Mr. and Mrs. Tommy Hunter, 116 Stratford Avenue, appeared before the Council to express that they were not opposed in any way to the Riverwalk Development, but that they do want this property rezoned. Being the owners of the property being discussed, they told the Council that they had just gotten the property paid off and wanted to bufild on it. They wanted to put a double-wide mobile home on two lots. they said that they already 528 Item 7c, cont'd. had a mobile home on one lot that they were going to use as rental property Mayor Harper asked Roger McKinney, Planning Director, if there could be some negotiating with the owners of other lots, and get them all in the SF-2 zone. Mr. McKinney replied that the State of Texas does not allow contract zoning. Councilman Buffum said that he is opposed to protecting commercial property from residential use. Councilman Thompson endorsed this also. Councilman Thomas asked if they could be given conditional use. Councilman Buffum agreed that this would allow them to develop their property. The motion for passage of Ordinance No. 46-87 was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum and Kirkham Nays: Councilman Allred Councilman Thomas made the suggestion that if they left the property in the river development under Special Condition Use, then they could put a manufactured house on their lot, then have the property rezoned back to River Development District (RDD) , then they could move their home, as it would be mobile. Mr. and Mrs. Hunter agreed that this would be satisfactory to them. Councilman Thomas then asked Mr. McKinney if they were to allow other portions of the RDD to have manufactured housing as conditional use, would this affect the entire RDD? Mr. McKinney answered in the affirmative. Councilman Thomas then stated that he may want to reconsider his suggestion. Item 7d Discussion was held on a proposed ordinance to prohibit the parking of large vehicles in residential areas under certain conditions. It was brought to the attention of the Council that a word had been left out of the Ordinance in the last paragraph. The insertion of the word, "exterior" , was made in the second line of the last paragraph. A motion was made by Councilman Hirschi for passage of the proposed Ordinance, and seconded by Councilman Allred. Mrs. Amy Hafley, 1614 Tilden, appeared before the Council to say that the ordinance would have a major effect on them, as her husband' s van is over 18' . This van is used for his going back and forth to work. Councilman Thomas brought up the fact that all vans and large cars are 20' . He suggested that the "or" used in the ordinance, when defining the restrictions, be taken out. H. P. Hodge, City Attorney, pointed out that this terminology is used to point out the restrictions if a vehicle comes under any of these conditions. A request was made for the ordinance to be read. Charles Harper, Mayor, read the ordinance. Moved by Councilman Thomas that the motion be amended to eliminate the one-ton rating and that if a vehicle in question is more than 22 feet in length that it may not be parked at such location for more than 72 hours in any calendar month. A second to the motion was not received. Dennis L. Smith, 1510 N. Tenth, addressed the Council saying that he lived in a nice neighborhood; not a blighted area, and has paid a lot of money for his truck. He needs to park where he lives to protect his truck from burglary. Don Whan, spode to the Council about his concern about the City adopting an ordinance that is used in another town. 529 Item 7d, cont'd. H. P. Hodge, City Attorney, suggested hat the ordinance only go by dimensions, and no weight rating. Councilman homas said that recreational vehicles would only be affected if left over 7� hours. Councilman Kirkham stated that he doesn' t believe the City has enough police power to enforce a 72 hour limit. Councilman Buffum suggested Ithat more homework be done, and that the ordinance be tabled. He requested Roger McKinney, Planning Director, to get more feedback. Moved by Councilman Buffum that the proposed ordinance be tabled. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, Buffum and Kirkham Nays: Councilman Thomas Councilman Thomas expressed the concern ' that if the City were to build a new street, and it was crushed by heavy vehicles, it would not be fair to taxpayers. Item 7e ORDINANCE NO. 47-87 ' AN ORDINANCE AMENDING THE CITY' S ELECTIRICAL CODE TO PROVIDE FOR INDUSTRIAL ELECTRICIANS Moved by Councilman Thomas that Ordinance No. 40-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Charles Harper, Mayor, recessed the Council at 7:10 o'clock P.M. The meeting was reconvened at 7:45 o'clock P.M. Item 7f ORDINANCE NO. 48-87 ORDINANCE DELAYING SECTIONS 9(F) AND 9(G) OF ORDINANCE #2118 OF THE CODE OF ORDINANCES TO PERMIT THE ' PLATTING OF LOT 15, BLOCK 2, HIGHPOINT VILLAGE WITHOUT THE INSTALLATION OF WATER AND SEWER SYSTEMS Moved by Councilman Thompson that Ordinance No. 48-87 be passed. Motion seconded by Councilman Kirkham. Councilman Hirschi commented that the (last line of the ordinance seemed vague. H. P. Hodge, City Attorney, said that when the owners came into town, then they would be charged. Councilman Hirschi wanted to know if this charge would be filed with the deed r6cords, and if so, this would save a lot of headaches down the road. The motion was carried by the following voile. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None 530 I Item 7g ORDINANCE NO. 49-87 ORDINANCE WAIVING SECTION 9J OF ORDINANCE 2118 REQUIRING A SUBDIVIDER TO CONSTRUCT DRAINAGE FACILITIES Moved by Councilman Kirkham that Ordinance No. 49-87 be passed. Motion seconded by Charles Harper, Mayor. Councilman Hirschi expressed concern about the drainage calculations. David Zelenok, City Engineer, said that two-thirds of the area for develop- ment was above the irrigation ditch. Councilman Hirschi wanted to know if a channel would be cut through the area. Mr. Zelenok said that there would be a 100 year grassline channel . Councilman Hirschi wanted to know if the City would have the power to control the work. Mr. Zelenok stated that the work would be under the guidance of the Director of Public Works. Mr. Zelenok said that there would be no improvements other than to clean out the channel . There would be no concrete. Council- man Buffum wanted to know if the $60,000 proposed to do the work would escalate in later years. Mr. Zelenok replied that it would. Charles Harper, Mayor, wanted to know if this could be a grassline channel . Mr. Zelenok stated that it could. Charles Harper, Mayor, wanted to know that if they pass the ordinance, what would happen? H. P. Hodge, City Attorney, stated that the Director of Public Works would acquire the easements. Councilman Thompson asserted that unless we attack this problem, we will have more problems in the future, and that the City find something that has some teeth in it to solve these problems. Max Reese, 4613 Westridge Dr. , spoke to the Council regarding the approximately 12 acres he desires to develop. Mr. Reese said that the creek and trees are of value there, and the area is very peaceful . He said that the creek doesn't flood because of the irrigation canal , and there are no undeveloped tracts below to put the burden on. He feels the tract is unique, and would like to keep from ruining the appeal and desirability to build homes. George Bonnett, Director of Public Works, said that KEMA maps don't extend into this area, and it is not officially classified in the 100- year flood plain. Mr. Bonnett said that an irrigation canal would function as a dam. Councilman Kirkham stated that the streets around the school in that area do get flooded, and that concrete anywhere will cause a greater problem. Max Reese said that if there is a waiver of the 10-year concrete channel , there would be a restriction in the deed that would require the individual owner to maintain their area , and there would be no expense to the City. George Bonnett, Director of Public Works, felt there were two options. Option 1 was to waive the requirement of concrete liner, and the property owner would maintain. Option 2 would be to take no action. Charles Harper, Mayor, stated that it seemed to be a trade-off. Either the individual owner would keep their area cleaned, or the City would put in a concrete liner. James Berzina, City Manager, said that if the City does develop that area, then the City would acquire problems. He felt the owners would eventually say that the City could take care of the easement. Councilman Buffum said that the Council should look at the long-ranq'R problem, rather than trying to develop this land with all the trees. Councilman Hirschi stated that if no water was coming down into the area, and there was no flooding problem, then development couldn' t create that much additional runoff. He felt that the grassline should be encouraged instead of concrete. The motion was carried by the following vote. Ayes: Charles Harper, mayor, Councilmen Hirschi , Thomas and Kirkham Nays: Councilmen Thompson, Allred, and Buffum 531 Item 7h ORDINANCE NO. 50-871 AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND USE OF A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY U S SPRINT ACROSS, OVER AND UNDER CERTAIN STREETS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF WICHITA FALLS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY Moved by Councilman Hirschi that Ordinance No. 50-87 be passed. Motion seconded by Councilman Buffum. Louise Houseworth, Assistant City Manager, said that she would try to give the Council a simple explanation. She explained that U S Sprint would pay the City a one time up-front fee for a 25-year permit. That figure is $10,000, which is a 14% return over 25 years. Miss Houseworth suggested that they use 6% instead of 14% over 25 years which would come to $15,000. She said that U S Sprint had agreed to this. Councilman Hirschi brought attention to the question of decreased power of the City. He was concerned that local contractors might be sued for a large amount of money over such a small a ount of money. H. P. Hodge, City Attorney, replied that the City would have freedom from any damages. If someone else damaged the lines , then the guilty one and U S Sprint would settle it between them, and establish a cost., Councilman Hirschi stated that he felt this was creating a monster for the ';citizens of the City. James Berzina, City Manager, suggested that the Council may want to add a clause -"or contractors hired by the City" . Councilman Hirschi stated that the problem would be between the developer and contractor, and not the City. George Bonnett, Director of Public Works, told the Council that U S Sprint would identify the utilities, and that U S Sprint would keep them on file. Fred Werner, Chief Accounting Officer, stated that the payment of $10,000 offered by U S Sprint was a judgmental call , and he felt the amount was unreasonable. He said that 6% was more comfortable at $15,000, but if he could get $21 ,000 he would take it. Councilman Buffum asked if U S Sprint would retain its own liabilities? H. P. Hodge, City Attorney, answered that they would. Councilman Kirkham wanted to know if the route was any particula street. H. P. Hodge gave the route of the lines, and said that it amounted to about 6,000 feet. Councilman Thompson asked if U S Sprint gave the City maps to maintain on file, would Lone Star Gas and other utilities give us their maps to keep on file? George Bonnett, Public Works Director, answered, saying that they are on file. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilme Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 7i ORDINANCE NO. 51-87I MAKING AN APPROPRIATION FROM THE HOTEL/MOTEL FUND TO ASSIST IN SUPPORTING A WELCOME FOR THE CHIEFS OF STAFF OF THE NATO NATIONS Moved by Councilman Buffum that Ordinance No. 51-87 be passed. Motion seconded by Councilman Thompson Councilman Hirschi wants this event a vertised for the public to 532 I Item 71 , cont'd. enjoy, as the tax payers are paying for it. James Berzina, City Manager, agreed that he would see that a time was published. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 7j ORDINANCE NO. 52-87 ORDINANCE REPEALING THE EXEMPTION FOR TAXES ON THE RECEIPTS FROM TELECOMMUNICATIONS SERVICES SOLD WITHIN THE CITY OF WICHITA FALLS, TEXAS Moved by Councilman Hirschi that Ordinance No. 52-87 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred and Kirkham Nays: Councilman Buffum Item 8a a -- A proposed resolution was presented approving and authorizing execution of a lease with Image Advertising Company for an outdoor advertising sign on Southwest Parkway. The proposed resolution died for lack of a motion. Item 8b RESOLUTION NO. 86-87 RESOLUTION CREATING A TASK FORCE ON THE HANDICAPPED Moved by Councilman Thompson that Resolution No. 86-87 be passed. Motion seconded by Councilman Buffum. Councilman Hirschi asked if illiteracy could be included in the definition of handicapped. Don Foster, Individual Development Center, Inc. , replied that it could. Mr. Foster passed out a list of people who were willing to serve on the task force. Councilman Thompson suggested that the Council think about the appointments in executive session so as not to leave anyone out. Charles Harper, Mayor, did not want to appoint anyone at this time. He asked if it would be best to advertise, or appoint members. Councilman Thomas replied that if the members were appointed they would get aid from the State. He suggested they appoint people with experience, and those appointed would probably only serve 30 days. Councilman Thompson stated that he was agreeable if they only served 30 days. Charles Harper, MaNtor, expressed to the Council that they needed to get the task force going. Mrs. Qzuna , who was in attendance at the Council meeting, asked that a definition of handicapped be given. Don Foster replied that 533 Item 8b, cont'd. it is any kind of disability a person has at any age. Motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 8c RESOLUTION NO. 87-87 RESOLUTION TO APPROVE A REQUEST TO FUND A RECONNAISSANCE STUDY OF FLOODING ALONG PLUM CREEK Moved by Councilman Kirkham that Resolution No. 87-87 be passed. Motion seconded by Councilman Thompson. Charles Harper, Mayor, asked Mr. Bonnett, Director of Public Works, what the City was committed to dollar-wise? Mr. Bonnett responded by saying that there would be a $60,000 cost to be absorbed totally by the Corps of Engineers. Mr. Bonnett said this was lik' asking to get in line for the Corps of Engineers to study. He stated that we already know we have a problem. He stated that this was not a frivolous action. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 8d RESOLUTION NO. 88-87 RESOLUTION AUTHORIZING THE CITY MANAGER, TO REQUEST PROPOSALS FOR CONSULTING SERVICES TO THE KEMP PUBLIC LIBRARY Moved by Councilman Allred that ResolutionlNo. 88-87 be passed. Motion seconded by Councilman Hirschi . Councilman Buffum said that he felt that the City will face tight budgetary restraints, wind up with recommendations, and no money. Then the recommendations would be out of date when they did get the money. Councilman Allred protested that the Library 'shad always been put on the back burner by the Council . Councilman Thompson stated that the City could ill afford to spend $20,000, and not be able to afford the recommenda- tions that the consultant makes. Charles Harper, Mayor, agreed with Couincilman Allred. Councilman Kirkham expressed his feeling that the Assistant City Manager had done a good study. He said that the City could ',use MSU and the schools for consultants. Charles Harper, Mayor, stated that someone needs to tell us what we need. James Berzina, City Manager, said that the plans were to go ahead with the improvements to the Library that had already been budgeted. Council- man Hirschi expressed that we do need help,',, and maybe somebody locally will step forward at no cost to the City. Councilman Kirkham declared that there were managers on the staff. Decision makers on the staff may be needed. Moved by Councilman Kirkham that the questi�on be called. Motion seconded by Councilman Hirschi , alnd carried by the following 534 Item 8d, cont'd. vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Allred, and Thomas Nays: Councilmen Thompson, Kirkham, and Buffum Item 8e RESOLUTION NO. 89-87 RESOLUTION APPROVING RELEASE AND INDEMNIFICATION OF THE UNITED STATES ARMY, AND PAYMENT OF FUEL COSTS, FOR THE FURNISHING, TRANSPORT- ING AND ERECTING OF A BAILEY BRIDGE OVER THE WICHITA RIVER FOR FALLS FEST Moved by Councilman Thomas that Resolution No. 89-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 8f RESOLUTION NO. 90-87 RESOLUTION APPROVING AGREEMENT WITH D. C. COGBURN TO PROVIDE PUBLIC OFF-STREET PARKING NORTH OF THE SHERATON HOTEL FOR FALLS FEST Moved by Councilman Thomas that Resolution No. 90-87 be passed. Motion seconded by Councilman Hirschi , and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 9a RESOLUTION NO. 91-87 RESOLUTION ACCEPTING BID OF PALCO MECHANICAL CONTRACTORS, INC. , FOR REPLACEMENT OF THREE ROOF-TOP AIR CONDITIONERS FOR POLICE HEADQUARTERS Moved by Councilman Thompson that Resolution No. 91-87 be passed. Motion seconded by Councilman Buffum. Councilman Thomas asked if a new roof would be needed before long? They would then have to take the air conditioners off. Charles Harper, Mayor, replied that they wouldn' t have to take the air conditioners off to put on the roof. James Berzina, City Manager, reported that the ceilings inside the Police Station were the first thing they needed to do because of the asbestos, and the Feds. Motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None 535 Item 9b Moved by Councilman Thomas that the bid for the radio maintenance contract be awarded to Bob' s Communication. Motion seconded by Councilman Allred. Major Shelton reported that the estimates are based on differential cost. Councilman Thomas asked if the cost was on an hourly basis? He wanted to know just what the City was getting. Louise Houseworth, Assistant City Manager, replied that the cost was per change-over, per labor hour. Major Shelton said that one bid was for $20, and the other for $35, for a $15 differential . Councilman Hirschi felt that possibly a low base bid was made, and then, they would make up on the hourly charge. The motion was carried unanimously. Item 9c Discussion was held for the award of bids for the annual supply of meter boxes and meter lids. Councilman Thomas asked if the City dea',ls with Taylor much? Dick Arndt, Purchasing Agent, replied that Taylor '1is supplying the City with a special lid. Councilman Thomas asked if they needed to stock as much as a truck load now? George Bonnett, Director of Public Works, stated that they stock as much as 300 at a time, which is a normal order, and is based on a quarterly order. Councilman Hirschi asked what would be the effect of the loss of the Taylor Foundry? Councilman Thompson said that he thought it would be a great loss. He had worked there as a young man, and he has a desire to help local companies. H. P. Hodge, City Attorney, stated that for any expenditure over $10,000, the City is to take the low bidder. (Mayor Harper asked Mr. Hodge to state the statute. Mr. Hodge replied that for any city the size of Wichita Falls, any time they enter into a contract expending over $10,000. . . . with one exception, such as special procurement items, single source items, or those items of an emergency nature, they must take competitive bids. Charles Harper, Mayor, stated that anyone can turn in a bid, but it is up to the City government to decide who is most qualified. This decision must be based on sound reasons when awarded to other than the low bidder. Moved by Councilman Hirschi that all of these bids be rejected and instruct the department to buy as needed. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, and Kirkham Nays: Councilmen Buffum and Allred Item l0a James Esther, 1615 Grayfox, spoke to the Council regarding the Maurine Street extension, saying that the residents of !, East Lynwood had been trying to get Red Fox Street extended for a long time ', He said that he had talked with previous City officials, and watched p',lans for other developments in the City. Mr. Esther said that now it was their turn. He stated that the City has not expended any money in that area. He said that there had been many near misses with persons trying to 'cross the highway. He said that always before, City studies said that the extension wasn't needed. He stated that a child was killed, and that other~ cities have crosswalks. John Griner, 1600 Sumner Terrace, appeared before the Council saying that he was not against building a street to the softball complex, but to net to the grocery store, one has to drive 2 'miles. Mr. Griner' s suggestion 536 Item 10a, cont'd. was to connect Westcliff from Red Fox to i,ia.urine. Dorcas Chasteen, Property Manager, in answer to Mr. Griner's sugges- tion, said that the City would probably have to buy a large tract of land, which would have to be cut up in unequitable tracts. Earl A. Jackson, 1809 Las Cruces, addressed the Council saying that he has seen many children going to and from school and many use an over-the-fence route, which is a heart-stopper seeing these little ones. He also said that he has seen traffic going the wrong way along Central Expressway. He said that if a route to schools is provided for safety, it will save somebody' s life. Charles Harper, Mayor, stated that he thought that a problem had been uncovered, but he was not sure that the problem tied in with the softball complex. Mr. Esther stated that by this being brought up now was the only way they were going to get the request in. He said that all they were asking was that this request be included as a part of the project. Charles Harper, Mayor, again stated that he did not feel this request was part of the softball complex. Mr. Esther stated that it would please them if they get a street in East Lynwood. Mr. Esther said that this request has gone through four city managaers. Councilman Hirschi stated to the Council that the approximate costs of extending Maurine Street as presented are misleading. He said that there had been a meeting of the architects and at no time was a redesign cost discussed. Councilman Hirschi expressed his opinion that they don't need a Cadillac type road, rather go to a park type pavement which could probably be built for $30 or $40 a running foot. He said that the cost figures were not meaningful at this time and the figures of what the road would really cost should begotten. Charles Harper, Mayor, again stated that this issue had nothing to do with the softball complex. Mayor Harper said that with all this traffic, the City had better build one that would have to hold up, other- wise, they would be replacing it all the time. He asked if the Council could get on with the discussion of the softball complex. David Brock, addressed the Council , saying that the City can find the money to build a project, but with the basic needs of people, the City can 't come up with the money. Mr. Brock commented that the needs of the people that have been waiting on promises need to be met. Charles Harper, Mayor, asked Mr. Brock to sit down; that Mr. Brock was pulling statements out of the air, and had nothing to base his facts on. Councilman Thompson expressed that all they asked for is that they be put on the agenda. Councilman Hirschi commented that it would be an added bonus to do the street extension. Councilman Buffum asked where the City would get the money? City Manager James Berzina replied that there was not enough money in the current year' s budget, but it might be possible to include in next year' s budget. Mr. Berzina stated that the City looks at priorities , and that bonds could be sold if the people really wanted it. Councilman Thompson commented that someone in that area might want to play ball , and that there might be a future Willie Mays in that neighborhood. Mayor Harper suggested that a package be gotten together and sold to the public. James Esther declared that he could not go back and tell those people that they had been pushed around. He stated that they would now use their expertise to correct something that they knew was wrong. He said that they will use their options. Councilman Buffum asked that the problem be looked at realistically, and he asked where are we going to get the dollars? Councilman Thompson stated that all they want is at least some definite statement that something will be done and make a aood faith committment that something will be done. Councilman Thomas brought up the fact that this reconstruction would make a thoroughfare out of Red Fox. Mr. James Esther replied that they realized that, and have thoroughly discussed it. 537 Item 10a, cont'd. Councilman Hirschi asked to have a serious City staff study to extend Maurine to Red Fox or New Haven. Councilman Hirschi stated that they did not have enough figures to base a decision. Councilman Buffum asked that a minimal type road not be considered in the study. He asked George Bonnett, Director of Public Works, when the study could be completed? Mr. Bonnett replied by the second meeting in June. Item 10b Mr. Emmett Druien, 4725 Cypress, spoke to the Council bringing back to discussion Item 7b. Mr. Druien stated that he bought the referenced property in the Floral Heights Second Addition in 1981 , and wanted to develop it into a small business. He stated that he could not do that now because of the zoning regulation. Mr. Druien passed out pictures of the property to the Council . He said that he doesn' t know what to do with the property now and that nobody will buy it. He said that it was a health hazard, and doesn't look good for the City the way it looks now. He wanted suggestions from the City Council as to what to do with the property. Councilman Hirschi stated that there was no way a commercial develop- ment could be done. The property was too close to schools, and the neighbor- hood was coming up. He said that there were no options; that the area was limited to residential . Mayor Harper also stated that by not rezoning homeowners might upgrade their property when they knew nothing commercial is going to come in. Mayor Harper suggested to Mr. Druien that he get with a builder and get ideas of manufactured homes; not mobile homes. Amy Hafley, 1614 Tilden, appeared before the Council stating that she was glad that the City is trying to preserve neighborhoods. She said that she objected to any type of business being put on that corner. Jane McKethan, 1900 Tilden, expressed to the Council that she appreci- ated the thoughts and efforts of the City to preserve older neighborhoods, and that they did not need any more businesses in that area. She stated that with the polularity of the school in that area, homes could be built and sold. Councilman John Hirschi recommended that the Council shed their coats and ties in the months of June and July. Mayor Harper agreed that they could wear what they wanted, with or without a coat and tie. Councilman Thomas showed a picture of the rock that Niagara Falls is sending to the City of Wichita Falls to put at the base of our falls. Mayor Charles Harper stated that there was a need to address the problem of Pit Bulls in the City. He called on H. P. Hodge, City Attorney, to respond to this issue. Mr. Hodge replied saying that this could present a challenge on the privacy process. They couldn' t say eliminate all Pit Bulls because some Pit Bulls are dangerous, this would present a constitutional problem. Dr. Cox, Health Unit Director, responded by stating that since January 1 , 1987, there had been 3,451 complaints received by the Health Unit and 35 were for Pit Bulls which amounts to 1% of the complaints. He stated that there were 81 bite cases, 5 were from Pit Bulls which amounts to 6%. Dr. Cox stated that he will look further into the Ordinance. Mayor Harper said that he would get John Reed to look at the Post Office complaints. H. P. Hodge, City Attorney, said that he will work with Dr. Cox on this problem. Item 10b, cont'd. Charles Harper, Mayor, expressed the desire to at some time bring 538 Item 10b, cont'd. up the subject of utilities tearing up yards. He also expressed his concern that when the sign ordinance was passed, they did not address height and size of flags. The problem of this oversight is the noise that unregulated flags make when the wind is blowing. i jCouncilman Thompson asked about the status of patroling Lynwood East Park. Curtis Harrelson, Chief of Police, answered that the residents were invited to a Neighborhood Watch program, but no one showed up, but the Police are still patroling. Chief Harrelson announced that the next Neighborhood Watch program would be June 4, and that the program had been working with Mr. Esther. Charles Harper, Mayor, asked if the complaints had decreased. Chief Harrelson replied that there had not been much activity, and not many complaints lately. Councilman Thompson asked if the City could place no parking signs in the area? Chief Harrelson answered that this would have to be studied for other areas to park; that there was not much parking. Chief Harrelson stated that the Police Department would work with Traffic Engineering. James Berzina, City Manager, made several announcements to the Council . There will be a meeting of the Water District No. 2 on June 4, a TML Region 5 meeting on May 28, and that the City had been awarded "Employer of the Year for Hiring the Handicapped" at the annual meeting of the Association for Retarded Persons. Mr. Berzina showed the plaque that was presented to the City. I Charles Harper, Mayor, presented his idea that cities involved in the "Hotter-N-Hell biking event do a joint declaration for that weekend. Councilman Thompson asked if it was possible for the Police Department to have a Policeman of the Month? Chief Harrelson answered that they have had a Policeman of the Year for the last 10 years, but the method of how that Policeman is elected is going to be chanced. The City Council adjourned into executive session at 11:35 o'clock P.M. , according to Article 5252-17, Section 2, paragraphs (e) and (g) , of the Revised Civil Statutes. PASSED AND APPROVED THIS ��� day of _ 1 ��" 1987. -T Charles Harper, Mayo ATTEST v;ilma Jo Thom s, CPIC, City Clerk