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Min 08/04/1987 584 Wichita Falls, Texas Memorial Auditorium Building August 4, 1987 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 8:00 o'clock A.M. , with the following members present. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Ruth Ann Allred Councilmen Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The City Council immediately recessed into executive session according to Article 6252-17, Section 2, Paragraphs (e) and (g) , of the Revised Civil Statutes. The meeting reconvened at 8:36 A.M. Item 3 The invocation was given by Councilman Thompson. Charles Harper, Mayor, read a poem by D. Elizabeth Wordsworth. He also stated that he had received two phone calls about the executive session being held first. He stated that it was not a meeting to decide what they were going to do. Item 4 Moved by Councilman Thomas that minutes of the meeting held July 21, 1987, be approved, with the following corrections noted by Councilmen Kirkham and Thompson. In Item llb, the name should be shown as Conrad Staley (not Grozier) . In Item 12a, the last paragraph should read East Scott (not East side) . Motion seconded by Councilman Buffum, and carried unanimously. Item 5a Cindy Baker, Police Department, was honored as Employee of the Month for August. Charles Harper, Mayor, and Councilman Allred, presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 5b Charles Harper, Mayor, presented an Oil Bowl Proclamation to Carl Wilson and Dr. Ted Alexander of the Maskat Temple. Item 6a Discussion was held on Harding Street detour alternatives. City Manager James Berzina and Public Works Director George Bonnett presented the alternatives previously considered, stating that at the last meeting they seemed to want a vehicular detour on North Rosewood. Moved by Councilman Thompson that they accept the North Rosewood 585 Item 6a, cont'd. detour, and bus service, as needed. Motion seconded by Councilman Allred, and carried unanimously. Item 6b Charles Harper, Mayor, reappointed Bob Brotherton and Dan Tompkins as substitute judges of the Municipal Court for terms of two years. RESOLUTION NO. 123-87 RESOLUTION CONSENTING TO THE REAPPOINTMENT OF BOB BROTHERTON AND DAN TOMPKINS AS SUBSTITUTE JUDGES OF THE MUNICIPAL COURT FOR TERMS OF TWO YEARS Moved by Councilman Hirschi that Resolution No. 123-87 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 6c William Young, 1232 38th Street, stated that people in Wichita Falls are paying all they can, and opposes any additional taxes. He stated that he feels city employees should get an incentive pay increase. As far as the Police Department is concerned, he does not believe they deserve another penny. He cited a call made in regard to a theft, which took four and one- half hours for them to respond. He was told that the person who took the call forgot the address, and tried to type it in from memory. He stated that citizens have to trim their household budgets for necessities, and he feels city government should do the same. He stated that we cannot continue to tax people, and get new business in the city. Councilman Thomas noted that he thought they had a recorder. Chief Harrelson stated that they do. The young lady made a mistake when it was put in the computer. She checked the directory, and he was not listed in it. When you are working short you have to screen calls. Some of the larger cities will not go out for burglaries, but this has not been done here, yet. He stated that he will visit more with this gentleman about these complaints. He stated that this type of call would be given a low priority call by the computer. When the call came up, it was a wrong address. Alan Martin, 4508 Allendale Road, stated that there has been a problem about the paperwork going through on his goats. He stated that they are mascots and pets for a day care center. He noted that the livestock permit address and his home address differ. He asked that they be amended to include the same address. Charles Harper, Mayor, explained that he believed this was the intent of the Council back when they discussed it. Dr. Cox stated that he believes the reason this is being brought up is that they had another complaint from the Rephidim Church about the goats getting out again, and had eaten more shrubbery. Mr. Martin admits that the goats had got out, and someone had put them back in. The church does not want them to have the waiver at 4500 because he has done nothing to make restitution for the damage done by the goats. Mr. Martin stated that he offered to make restitution by working it off. The goats did get out about two months ago, but they did not go to the church. Their damage was caused by cattle, and not goats, and he has some proof of that. He stated that the church chose this rural area in which to build. There are horses, cattle, and goats in this area, along with chickens, ducks, etc. There were no other houses except the one they reside in, and one South of there. They bought the property because of the rural setting. Charles Harper, Mayor, requested that Dr. Cox and the City Attorney get together and get this worked out. He recalls that it was the CounciI ' s 586 ( Item 6c, cont'd. intention to let him keep the goats on this whole area. Councilman Hirschi asked for a report on the tests of the Wichita River water quality. Dr. Cox explained that the last reports were that the water was in good shape. A few weeks before there was quite a lot of pollution because of a stopped up sewer line overflowing. This was corrected within just a day or two. The recent checks are satisfactory. They check approximately once a week or five tests per month. Councilman Buffum asked what points they check, and Dr. Cox stated that it was at Beverly, Lucy Park, and two other regular ones. They have coordinated this with Jerry Gross. They are addressing the whole range of the river. Councilman Kirkham mentioned the visit with our sister city in Furstenfeldbruk, stating that he has had discussions of this with people in his area. They believe if it is city business, and whoever goes is going to represent and sell our city, and doing city business, then the expenses of the City Council for transportation and lodging should be paid for by the City. If it is going to be a junket to Europe, then the City should not pay for it. Councilman Thomas agrees with him whole- heartedly. Mr. Berzina stated that that is a determination that should be made by this body. Councilman Kirkham stated that he sees no difference in this than a conference in Austin that is city business. Charles Harper, Mayor, stated that it would cost $5000 to send the whole council . It will be a work trip. Councilman Thomas noted that this only includes a continental breakfast. The rest of the food would be their expenses. Charles Harper, Mayor, noted that other people in the community are going. Councilman Allred agrees that we cannot take further action today, but we can appropriate funds for this. Items 7a-9g Items 8a, 8b, 9a, 9b, 9c, and 9g were moved to the regular agenda. Moved by Councilman Buffum that the consent agenda be approved. Motion seconded by Councilman Allred. Item 7a ORDINANCE NO. 65-87 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT WIDE UTILITY EASEMENT IN BLOCK 30A, HIGHLAND ADDITION, WICHITA FALLS, TEXAS Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9d Minutes of the meeting of the Storm Water Retention Task Force held July 15, 1987, were received. It was noted that J. W. Jackson was out of town. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9e Minutes of the meeting of the Zoning Board of Adjustment held July 15, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 587 Item 9f Minutes of the meeting of the Landmark Commission held July 16, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Charles Harper, Mayor, stated that after the letter sent out to the Boards and Commissions, he is pleased that all minutes are July minutes. Item 8a RESOLUTION NO. 124-87 RESOLUTION TO ACCEPT 1986 CDBG UTILITY IMPROVEMENT PROJECT AND AUTHORIZE FINAL PAYMENT Moved by Councilman Thompson that Resolution No. 124-87 be passed. Motion seconded by Councilman Kirkham. Edward Barrett explained the funding for Councilman Kirkham. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 8b RESOLUTION NO. 125-87 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE KIWANIS PARK SERVICE DRIVE PROJECT AND CHANGE ORDER NUMBER 1 Moved by Councilman Hirschi that Resolution No. 125-87 be passed. Motion seconded by Councilman Kirkham. Councilman Hirschi clarified the square yards. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9a Moved by Councilman Allred that minutes of the meeting of the Kemp Public Library Advisory Board held July 1, 1987, be received. Motion seconded by Councilman Hirschi . Councilman Hirschi mentioned an additional burden on the staffing of Midwestern Library. He wonders if this is going to be addressed again. Councilman Allred stated that both entities are still interested in working out any cooperative agreements. There will be a joint meeting tomorrow between the two entities. Miss Houseworth stated that this is one option the consultant will look at. We are just at the initial stages. Tomorrow they will just take a tour of Midwestern Library. She does not believe there will be any interference with the consultant's study. The motion was carried unanimously. 588 � Item 9b Moved by Councilman Buffum that minutes of the meeting of the Planning and Zoning Commission held July 8, 1987, be received. Motion seconded by Councilman Thompson. Councilman Thompson asked what can be achieved in the re-zoning of limited commercial? Mr. McKinney stated that he does not know what the property owner plans to do with the property. He requested that it be zoned general commercial . The basic difference between these two is outdoor activities. Limited commercial is more day time activities. It would also prohibit the sale of alcoholic beverages and fast food franchises. Charles Harper, Mayor, stated that limited commercial is a buffer zone between retail and housing. It can be used for offices and certain retail activities. He feels the emphatic denial may be a little short-sighted. The motion was carried unanimously. Item 9c Moved by Councilman Kirkham that minutes of the meeting of the Board of Directors of Reinvestment Zone Number 1 , Tax Increment Financing, held July 14, 1987, be received. Motion seconded by Councilman Allred. Councilman Hirschi mentioned fifteen staff members in attendance at this meeting, which outnumbers the board members. It seems that this is extensive use of city resources for this meeting. This is not the first time this has happened, and he would like some comment from the manager. Mr. Berzina stated that this is a board that is being asked to produce a plan, and with a timetable. The board has asked for con- siderable assistance. This seemed to be a meeting which was a culmination of several reports. As with other projects, there will be times that additional city staff resources will be needed. Charles Harper, Mayor, disagreed with Councilman Hirschi that this is not a top priority. Councilman Hirschi stated that this seems a little unusual that this board receives more staff input than most of the other boards combined. Councilman Buffum stated that we need a detailed plan, and need this type of support from the city staff. Mr. Berzina stated that a preliminary plan was presented at this meeting. Traffic has been a big consideration in routing, etc. Councilman Thompson noted that Tax Increment Financing is located in a predominately low income area, but the board does not reflect this. They also have the ability to recommend CDBG funds. This group does not live in this area, and has a lot of power to make recommendations for this. In economic develop- ment on the East side, he would hope we devote this same type of thing to that. Charles Harper, Mayor, stated that the one item he has spent more time on is the economic development on the East side. The problem is that we cannot seem to pull the East side together. He would hope that there will be an attempt by the people on the East side to go forward together. Councilman Thomas stated that he felt the reason the meeting was held in that location was to receive input into it. Councilman Thompson stated that no board members represent this area. Councilman Thomas noted that the only power they have is in recommendations. Councilman Buffum stated that we have given them powers in administration, and Councilman Hirschi agreed on this point. City Attorney H. P. Hodge noted that the City Council appointed three members, and the County and School District each appointed one. He noted that we are governed by state statute. Charles Harper, Mayor, requested a report on the membership before the next meeting. Councilman Kirkham noted that he is the Council representative to this board, and was out of town during this meeting, but he was properly represented by Charles Harper, Mayor, and Councilman Thomas. Councilman Thomas stated that he seemed to remember that they could not get anyone 589 Item 9c, cont'd. to serve on this board, and that was the reason they appointed Joe Pistocco because his business is in that area. The people in that area can attend and have input. John Dibble has attended most of the meetings. The motion was carried unanimously. Item 9g Moved by Councilman Hirschi that minutes of the meeting of the Storm Water Retention Task Force held July 21 , 1987, be received. Motion seconded by Councilman Allred. Councilman Hirschi complimented the work of this task force. He stressed the importance of their work, and asked for regular memos from the staff on their progress. Mr. Bonnett stated that they are meeting weekly for the first 30 days. Councilman Hirschi agreed to serve as Council liaison for this task force. The motion was carried unanimously. The meeting recessed at 10:00 A.M. , and reconvened at 10:15 A.M. Item 10a (mobile home parks) was pulled from the agenda. Item 10b ORDINANCE NO. 66-87 ORDINANCE AMENDING SECTION 2-8 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TO PROVIDE THAT THE CITY SHALL NEVER BE LIABLE FOR PROPERTY DAMAGES OR PERSONAL INJURY OR DEATH UNLESS NOTICE OF A CLAIM FOR SUCH DAMAGES IS FURNISHED TO THE CITY WITHIN SIX MONTHS Moved by Councilman Thompson that Ordinance No. 66-87 be passed. Motion seconded by Councilman Allred. Councilman Thomas asked about the purpose of this. The City Attorney explained that the purpose is so that if somebody has a claim against the City, they have the time to investigate. We have had a 30-day notice requirement since 1938, but there have been some changes in the courts in the past six months. The Tort Claims Act states that notice must be given in six months. The courts stated that six months would be persuasive. Our present ordinance is void because of the actions of the other cities. The language in one case indicates that six months would hold up. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 10c ORDINANCE NO. 67-87 ORDINANCE ADOPTING EXTENDED HOURS FOR THE SALE AND OFFER TO SELL MIXED ALCOHOLIC BEVERAGES BY A HOLDER OF A MIXED BEVERAGES LATE HOURS PERMIT, AND EXTENDED HOURS FOR THE SALE, OFFER TO SELL AND DELIVERY OF BEER BY A HOLDER OF A RETAIL DEALER' S ON-PREMISE LATE HOURS LICENSE Moved by Councilman Hirschi that Ordinance No. 6787 be passed. Motion seconded by Councilman Buffum. Councilman Allred stated that she believes she has had more conflicts 590 Item 10c, cont'd. of interest this year than any other member. Again, she will have to state that she has a conflict of interest. The City attorney has advised her that it is illegal to vote on it because of her employment with Falls Distributing Company. She would like to vote, but she has no choice but to accept the City Attorney's opinion. City Attorney H. P. Hodge noted that state law is involved in this matter, and state law overrides the City. jDonna Reel , Route 5, Box 105, Wichita Falls, opposed bars staying open later. She feels if the City Council votes in this manner, the young people will think that drinking is all right. Mrs. Ozuna, 1507 Bell , opposed late hours for bars. Marshall Hill , 2010 Santa Fe, appeared as General Manager of the Hilton Hotel . The Director of Sales and Marketing, Mr. Castillo, passed out some information to the Council . Mr. Hill stated that he is speaking for several people. He stated that the laws and the courts have actually made the proprietors liable. They have the most to stand to lose. They believe the present ordinances actually encourage them to consume too much alcohol too quickly. Sometimes the full effects cannot be determined until one or one and one-half hours later. With the present closing hours, on Friday nights they are trying to cram their entertainment budget into a two-hour period. Only about twenty-five percent of alcohol is consumed in a hotel , lounge, etc. They need this amount of time to observe the behavior of these people to see if they have had enough alcohol . Being open longer does not bear out that they drink more. They budget their entertainment. At 12:00 o'clock, these people leave at the same time. It makes it hard for policing. Most of the teenagers and their dates are hitting the streets at the same time the bars are closing. Jim Kitterman, 4722 James, appeared as the General Manager of Carrows. He stated that he is not an alcohol type person, and is speaking only as a businessman. He will be able to take better care of the customers he has. It is not unusual for the restaurant to be empty at 11:45. At 12:20 he has people standing at the door because he has no place to put them. If it is split, he would have the opportunity to take care of customers of a non-alcoholic nature, and allow them to be served before the alcohol entertained type of person comes in. If they can regulate some type of traffic in his restaurant, and the streets, Wichita Falls will be a much better place, and it would be a benefactor to his business. Mr. Hill stated that he grew up in a home without alcohol , and his family does not consume alcoholic beverages, but he wants them to be able to drive the streets safely. He mentioned DWI statistics from Midland, San Angelo, and Wichita Falls, over a three-year period. Wichita Falls had more arrests. He stated that they are also concerned with an economic factor. Mr. Hill stated that Chili 's and Chelsea ' s Pub, and another restaurant that he mentioned, will not locate their business here because of the 12:00 closing. No one can now legally obtain alcohol under twenty-one years of age. This was not true in 1984. Laws and education have changed over the past few years, and part of it is concerned with Mothers Against Drunk Driving. Mr. Hill stated that he started in the hotel business in 1961, and he has never had as much problem with intoxicated people than he has had in Wichita Falls. Two more hours would make a big difference. He stated that the Telephone Pioneers Convention had to close their recep- tion and ball at 12:00. He stated that the North Texas Hotel/Motel Association favors the 2:00 A.M. closing. He stated that it would also benefit the motels who do not have restaurants, such as the Hampton Inn, LaQuinta, etc. , because it would bring more rooms to their business. Don Williams, President of the Wichita Falls Police Officers ' Association stated that he feels it would be to their benefit if all of these people did not hit the streets at the same time. At the CLEAT Convention, they were upset because everything had to be shut down so early. Mr. Hill stated that in hotels they try to have drivers who do not drink who will agree to see that people get home safely. They call 591 Item 10c, cont'd. the police if they feel someone may go out and drive when they should not do so. Charles Harper, Mayor, asked why Lubbock and Amarillo were not used instead of Midland and San Angelo? Wichita County is a lot bigger than these counties. Mr. Hill stated that he did not get the information. Jerry Vandiver seemed to be the one who got it. Charles Harper, Mayor, noted that he had discussed this with Mr. Hill , and he believes he knows where he stands. Mr. Hill stated that he respects him for his opinion. Charles Harper, Mayor, also asked about costs for the hotels if people are not drinking much after 12:00? Mr. Hill mentioned eating in the restaurant, etc. Councilman Hirschi asked Mr. Hill how many will apply, and how many nights they will stay open? He stated that he believed the Hilton and Sheraton will apply for this. He does not know who else. He can think of about three nights a week they will stay open later in the lounge, if their clients make it economically feasible to do so. Some nights they close down at 11:30. Charles Harper, Mayor, stated that he could get a letter from the Methodist Church group who came here for just the opposite reasons that he mentioned. Mr. Hill stated that he believed convention facilities are much greater in cities where alcoholic beverages are served later. They could also provide more employment. Councilman Thompson stated that he had enjoyed Mr. Hill ' s presentation, and he made a promise that he would not bother Mr. Hill if he would not bother him. He wonders what effect this will have on the local industry because some of their employees came to work under the influence of alcohol . Mr. Hill does not believe that people will spend more because bars are open later. Some lounges have free food and coffee for their guests. They want to serve alcohol in a responsible manner. Councilman Hirschi noted that Mr. Hill had said that only twenty-five percent of alcohol is sold in clubs and bars. He believes there are some major differences now and what we had in 1984. Sheppard is n,ow open until 2:00 A.M. , and they were not at that time. Mr. Hill noted that the age has been changed to twenty-one years now. Police Chief Harrelson stated that he does not have any statistics that show a tremendous increase in alcohol related problems. Most of the people who are under age are now drinking in the streets. Those in the bars and lounges are conducting themselves more responsibly. At 2:00 A.M. , they showed a slight increase in the activity. The figures were too insufficient from which to make a value judgment. There was a lot of awareness that year with DWI . He polled the officers, and all except two gave a positive report. There was only a two-month time period that bars were open until 2:00 A.M. He felt that the 2:00 A.M. closing gave more time to spread it out, according to reports from his officers. The study was not long enough to give him any feel that it was a good study. He believed that an 18-19 year old would stay there in private clubs until 2:00 A.M. , more than 30-40 year olds. They are now on the streets drinking out of the trunks of their cars, etc. Mr. Hill stated that convention persons are usually 30-50 years old. Charles Harper, Mayor, stated that he was on the Council two years ago when they did this. He voted liquor by the drink because of club cards. Before the first vote on this he was heavily contacted by many people. The heaviest lobbying was from waitresses and waiters in bars. There are a large number of people in this city who do not want the 2:00 A.M. closing. Most of the people on the petition stand to gain monetarily. He feels people should go to the legislature to allow people to keep it open on Friday and Saturday nights. He will vote against it. Councilman Thompson stated that there is no way he could ever vote for it. He feels it will put the Council in a very bad light if they do this. He thinks the citizens of Wichita Falls have lost confidence in our ability to stick with our decisions. We need to do something and stick with it. Councilman Buffum stated that he respects the opinions of Mr. Harper and Mr. Thompson. He agrees with sticking to our decisions, but he disagrees with their opinions. He mentioned the mass exodus at 12:00 A.M. The twenty- one year age has changed his opinion on this. He would not be in favor of 592 Item 10c, cont'd. it if 18-19 year olds could still drink. He believes it will provide a safer environment, and he will vote in favor of extension of hours. Councilman Hirschi stated that he believes we are afraid to find out how it would affect us. He does not believe we are looking at any particular problems which would be caused by extended hours. We have a totally different situation today with the under 21 age being cut out as being able to utilize these facilities. The hotel/motel group is one of the largest employers in the city. Councilman Hirschi asked if wine and beer should both be mentioned in the ordinance? City Attorney H. P. Hodge explained that the language is lifted right out of the statute. The law that authorizes mixed beverages also allows it for beer. It is addressed in two separate sections of the alcoholic beverage law. Councilman Kirkham noted that the permit for late hours beverages is very expensive. He stated that he has been in every state of the union except two. He has also attended many conventions. Seventy-five percent goes home between 12:00 and 1 :00. Twenty-five percent remains until 2:00 A.M. Package stores stay open for a cheap drunk. We have a choice, and he feels we need a choice. The turn-loose at bars at midnight is dangerous, and should be spread out. He will vote for it. The motion was carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Buffum, and Kirkham Nays: Charles Harper, Mayor, and Councilman Thompson Charles Harper, Mayor, requested that callers not lobby him. When it comes back up again he will vote against it. Item 10d Discussion was held on a proposed ordinance appropriating funds from the general fund for construction of the softball complex. Mr. Bonnett explained that the city would need $40,000 in funds from which to draw for various and sundry items. Charles Harper, Mayor, asked if we had any idea what this project will cost? Mr. Berzina thinks we are at the $800,000 figure on this. Charles Harper, Mayor, asked if this includes this $40,000? It was explained that Jack Suggs is the City Engineer in charge of this. John Lerner has been assigned full time to the softball complex project. Twenty percent of a crew will set field grades, etc. Judging from the waterfall , he feels it would be somewhere around the $20,000 mark. Several areas of the fences were changed to save money. It would be more of a change, rather than a deduction. Mr. Bonnett stated that it will be brought back to the Council for their consideration. One of the main problems we are trying to get a handle on is trying to pick up these loose ends. It will be very important to clean this up and find out who is doing what, and when. Charles Harper, Mayor, stated that he had hoped that the next time we bid this, it will be by general contractors. He feels it will be about the same when you consider the salaries of the engineering staff, supervision, etc. Mr. Bonnett stated that there are a lot of loose ends they are trying to pull together. Charles Harper, Mayor, feels there are a lot of hidden costs, and feels they will run over $800,000. Councilman Buffum is concerned with control . He asked how the City is going to guarantee the same type of control over these sub-con- tractors, as a general contractor would? Mr. Bonnett stated that they will make it work. That degree of more forceful conversation is more difficult with city staff than with a general contractor and his subs. Mr. Berzina stated that in making this happen we may have to act just as he said the general contractor would. Councilman Buffum stated that he will endorse the staff' s enforcement of the contractors. Councilman Thomas stated that Mr. Bonnett did not create this. He inherited it to enforce. 593 Item 10d, cont'd. Councilman Kirkham stated that all of a sudden the City has been surprised that we are the general contractor, when there were at least three meetings that the City knew it was being done. Charles Harper, Mayor, stated that he did not know about it. Mr. Bonnett explained that they had knowledge that this was being contemplated. Councilman Thomas noted that we knew about it, but it is the Public Works Department who has to bring it forward. Charles Harper, Mayor, stated that he is not knocking anyone about this, but he feels we will end up with a problem. Councilman Kirkham stated that we can handle it up to $800,000. ORDINANCE NO. 68-87 ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND FOR THE PURPOSE OF MATERIALS, SERVICES AND CONSTRUCTION AT THE FOUR-FIELD SOFTBALL COMPLEX Moved by Councilman Thompson that Ordinance No. 68-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: Charles Harper, Mayor Item lla RESOLUTION NO. 126-87 RESOLUTION AUTHORIZING TERMINATION OF LEASE TO AMERICAN DEVELOPMENT CORPORATION DATED SEPTEMBER 30, 1983, COVERING LOTS 1-7, BLOCK 182, ORIGINAL TOWNSITE, AND CERTAIN AIR RIGHTS, WHICH WAS FOR THE CONSTRUCTION OF A PARKING FACILITY Moved by Councilman Allred that Resolution No. 126-87 be passed. Motion seconded by Councilman Hirschi . Mr. Berzina noted that this came about by the renovation of the Radio Building. This property was federally owned at one time, and then became a Police Department Building. The Radio Building project no longer has need for this land. The City Attorney recommended that we do this because it will cause the federal law suit to be dropped. The best, cheapest, and most efficient way to get the lease and lawsuit behind us is to take this action. Councilman Thomas suggested that we void our lease contract, and let the federal government have it back. We bought it, and tried to put it to the best public use. Mr. Berzina noted that if we want to get this back into their hands, then this action probably won' t do it. City Attorney H. P. Hodge explained that the lawsuit says that we have violated the restrictive covenant of a park or other public use. Councilman Hirschi was concerned that there would be no other penalties, other than taking back the land. The question was called by Councilman Hirschi , and it carried unanimously. The motion for passage of Resolution No. 126-87 was carried by the following vote. Ayes: Charles Harper, Mayor, Councilman Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: Councilman Thomas Item llb RESOLUTION NO. 127-87 RESOLUTION TO APPROVE CHANGE ORDER 5 TO 1986 BUDGET UTILITY IMPROVEMENT PROJECT AND RADY PROGRAM Moved by Councilman Hirschi that Resolution No. 127-87 be passed. Motion seconded by Councilman Thompson, and carried by the following 594 Item llb, cont'd. vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nayes: None Item llc i RESOLUTION NO. 128-87 RESOLUTION AUTHORIZING REIMBURSEMENT OF LONE STAR GAS COMPANY'S COSTS FOR THE RELOCATION OF A NATURAL GAS DISTRIBUTION PIPELINE Moved by Councilman Buffum that Resolution No. 128-87 be passed. Motion seconded by Councilman Allred. Mr. Bonnett explained the "Do It Yourself" channel , which was the original program. Councilman Thompson noted that Zack Burkett did not move quickly enough. Mr. Bonnett stated that he is about five months behind. The Corps of Engineers is expected in town today to look at the project. They are fairly confident in getting it done by August 15. Mr. Bonnett explained that this is a not-to-exceed figure. If we get a wave-off on August 15, our funding could be in jeopardy. He and the City Manager had a meeting on Friday, and he has seen some results on this job. The contractor understands that he will not be late. At risk is $140,000. Councilman Hirschi wonders if we could assess these excess costs to the contractor. Mr. Berzina stated that the closest we could get would be liquidated damages. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item lld RESOLUTION NO. 129-87 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE WICHITA FALLS WATERFALL PROJECT Moved by Councilman Hirschi that Resolution No. 129-87 be passed. Motion seconded by Councilman Buffum. Mr. Bonnett explained that the letter from Jack Suggs dated July 22, 1987, constituted an offer for settlement. It provided for payment of all trees and vegetation, with exception of the irrigation system. Curtis Smith stated that he cut his first bid of $49,372 down to $16,000, with no guarantee. On this job they bent over backwards to cooperate with the city. Floods and wash-out caused the trees to be buried too deep. He assumes, with no guarantee, they will assume the risk on this. Plants were in a satisfactory state when they were planted. Additions were made to the sprinkler system with no additional costs. He wants this fall to look as best it can. He offered to make the replace- ments from his existing stock to get this done. Some of the existing stock is somewhat smaller. He has a policy that he does not go back on a job where he has not been paid for the first work. It is a shame that this project has to end up on a sour note. He cannot go back in there and replace everything that was approved once. Councilman Thomas thanked Mr. Smith for the very fine gesture made by Smith 's Nursery. Mr. Bonnett stated that the new resolution handed out does make 595 Item lld, cont'd. full restitution for all vegetation. Councilman Allred and others agree that Mr. Sugg' s letter is very generous, The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson., Allred, Buffum, and Kirkham Nays: None Item llg RESOLUTION NO. 130-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE' A LETTER OF INTENT GRANTING A.MERICAN SIGN AND INDICATOR CORPORATION THE EXCLUSIVE RIGHT TO SEEK SPONSORS TO PURCHASE AN ELECTRONIC MESSAGE CENTER SYSTEM AT THE ACTIVITIES CENTER Moved by Councilman Thomas that Resolution No. 130-87 be passed. Motion seconded by Councilman Allred. City Attorney H. P. Hodge advised the Council that it was all right for the Council to do this. Jimmy Curtain, American Sign and Indicator Corporation, presented material to council members. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item llh RESOLUTION NO. 131-87 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF INTENT GRANTING AMERICAN SIGN AND INDICATOR CORPORATION THE EXCLUSIVE RIGHT TO SEEK SPONSORS TO PURCHASE AN ELECTRONIC MESSAGE CENTER AND SCOREBOARDS SYSTEM AT THE SOFTBALL COMPLEX Moved by Councilman Allred that Resolution No. 131-87 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Councilman Thomas thanked Miss Houseworth for her work on this. Moved by Councilman Thompson that Frankie Durkee be permitted to appear. Motion seconded by Councilman Buffum, and carried unanimously. Frankie Durkee mentioned the make-up of the TIF Board. She feels it is an unfair statement that they can't get people on the East side to serve on these boards. They would like to volunteer. She also stated that she found out this morning that the Planning Board was talking about general commercial on the corner next to her house. Councilman Thomas noted that he was not referring to the East side, but he was talking about the TIF district that we are trying to get people to serve on the board. Councilman Buffum explained that the letter she received is her opportunity 596 Item llh, cont'd. to appear before the Planning Board, and give her response to this Zoning 1request. 1 Mrs. Durkee also mentioned land purchased for Ringgold when it was turned down twice by the voters. Councilman Thompson stated that it is paramount that the citizens ( know when someone wants to rezone. The only way the Council will know how people feel is for them to express their opinions. He appreciated her coming and expressing her opinions. Roger McKinney stated that a request was made at the last meeting for rezoning. A public hearing will be held next Tuesday. Mrs. Durkee , will discuss this with Mr. McKinney. The City Council recessed at 1:05 P.M. , and reconvened at 2:05 P.M. Item lle RESOLUTION NO. 132-87 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR AMBULANCE SERVICE TO WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK, TEXAS Moved by Councilman Allred that Resolution No. 132-87 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 llf A proposed resolution was presented offering to accept from Robert Seabury a gift of Lynwood Lake. A motion was made by Councilman Hirschi , for its passage. The motion failed by the following vote. Ayes: Councilmen Hirschi , Thompson, and Kirkham Nays: Charles Harper, Mayor, Councilmen Thomas, Allred, and Buffum Item 12a RESOLUTION NO. 133-87 RESOLUTION TO AWARD BID FOR THE CONSTRUCTION OF FORCE MAIN INSTALLATION AND LIFT STATIONS NUMBER TWO AND FIVE REPLACEMENTS Moved by Councilman Allred that Resolution No. 133-87 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 12b RESOLUTION NO. 134-87 RESOLUTION TO AWARD BID FOR THE TEXAS STREET CONSTRUCTION PROJECT Moved by Councilman Buffum that Resolution No. 134-87 be passed. 597 Item 12b, cont'd. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item lli RESOLUTION NO. 135-87 RESOLUTION AUTHORIZING PURCHASE OF BLACK DIRT Moved by Councilman Kirkham that Resolution No. 135-87 be passed. Motion seconded by Councilman Thompson. Mr. Bonnett explained that top soil is a better word. The need to use this type of dirt in order that the project will not fail . It has to work quickly. Councilman Hirschi wondered why we are not using sludge. Mr. Bonnett explained that it will be used in some other areas, but this project must not fail . The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Charles Harper, Mayor, requested that appreciation be expressed to David Zelenok, who is going to Colorado Springs as City Street Engineer. The City Council recessed at 2:20 P.M. for a work session on the budget. The City Council reconvened at 1:30 P.M. on August 6, 1987, with all council members in attendance, except Councilman Kirkham, who had attended all the previous work sessions. Item 14a RESOLUTION NO. 136 -87 RESOLUTION APPROVING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 1987-1988 FISCAL YEAR GRANT AGREEMENT Moved by Councilman Hirschi that Resolution No. 136-87 be passed. Motion seconded by Councilman Buffum. Because of conflicts of interest in CAC, Meals on Wheels, and Child Care, Inc. , with Angus Thompson and Charles Harper, Mayor, separate votes were taken on these items, with each abstaining, as follows. The vote on CAC was as follows. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, and Buffum Nays: Councilman Allred The vote on Child Care, Inc. , was as follows. Ayes: Councilmen Hirschi , Thomas, Thompson, and Buffum Nays: Councilman Allred The vote on Meals on Wheels was as follows. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Allred, Buffum Nays: None 598 I� Item 14a, cont'd. The motion for passage of Resolution No. 136-87 was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, and Buffum Nays: Councilman Allred The Council recessed into the budget work session at 1:45 P.M. , and reconvened into regular session at 3:10 P.M. (Councilman Allred left at 3:05 P.M. ) RESOLUTION NO. 137-87 RESOLUTION APPOINTING JAMES BERZINA, IN HIS CAPACITY AS CITY MANAGER, AS TRUSTEE FOR THE PURPOSE OF HOLDING LEGAL TITLE TO WEEKS PARK GOLF COURSE FOR THE BENEFIT OF THE CITY OF WICHITA FALLS, TEXAS, AND AUTHORIZING CHARLES HARPER, MAYOR, TO TRANSFER WEEKS PARK GOLF COURSE TO JAMES BERZINA, TRUSTEE Moved by Councilman Thomas that Resolution No. 137-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, and Buffum Nays: None Councilman Thompson stated that he wants to talk about economic development after the budget has been completed. The City Council adjourned at 3:25 P.M. on August 6, 1987. PASSED AND APPROVED this T/k, day of 1987. les Harper, M o ATTEST: Wilma J. Tho as, City Clerk