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Min 08/18/1987 600 Wichita Falls, Texas Memorial Auditorium Building August 18, 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 5:30 o'clock P.M. , with the following members present. Charles Harper Mayor John Hirschi Charles Thomas (delayed) 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 invocation was given by Jerry Hodges, Western Hills Baptist Church. Charles Harper, Mayor, read a poem entitled, Caution, by Will Carlton. Item 3 Moved by Councilman Kirkham that minutes of the meeting held August 4 and 14, 1987, be approved, with the following corrections and addition. On Page 591, it should read that twenty-five percent remains until 2:00 A.M. On Page 585, in the first paragraph, the word should be points instead of joints. On Page 596, after Item Ili , the s should be removed following 1 :30 P.M. , and also indicate that Councilman Kirkham had attended all the previous work sessions. Motion seconded by Councilman Buffum, and carried unanimously. Items 4a-7b Items 4b, 6a, 6c, and 6d, were moved to the regular agenda. Moved by Councilman Hirschi that the consent agenda be approved. Motion seconded by Councilman Thompson. Item 4a ORDINANCE NO. 69-87 ORDINANCE WAIVING SECTION 22-1 (a)(2) OF THE CODE OF ORDINANCES TO ALLOW PARKING ON GRASS AT JAYCEE PARK DURING THE RED RIVER CHILI CHAMPIONSHIP ON SEPTEMBER 18, 19, AND 20, 1987. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 5a RESOLUTION NO. 138-87 AWARD OF BID FOR LIQUID FERRIC SULPHATE AND ASSOCIATED POLYMER FOR WATER TREATMENT Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None 601 Item 6b Minutes of the meeting of the Clean Community Commission held July 28, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Item 7a was moved to the end of the agenda . Item 7b James Bracket, 4600 Tammy Drive, presented goals of the District 5 citizens committee. He also presented photographs of certain problems on Thelma, Pearlie, and Katherine Drive. Smitty Browning, Chairman of the Jaycees ' Chili Cook-off, stated that at the next council meeting they would request a waiver of the percentage of fees, noting that there is a $10.00 health permit, and a $15.00 itinerant Merchant's permit. Charles Harper, Mayor, suggested that he run it through the Park Board first. Otis Polk, 1400 Normandy Drive, stated that he represented six neighborhood action groups, which are located in blighted areas of Wichita Falls. He requested financial assistance at the present funding level . Charles Harper, Mayor, requested a list of the action groups and memberships, in writing. Councilman Thomas arrived at this time. Councilman Thompson stated that Mr. Polk is correct in the membership of the group he heads, and he is also correct in that other areas have varying numbers of members. He stated that these neighborhood groups spend seventy-five percent of their funding on maintenance of buildings. They actually serve as janitors. Councilman Buffum noted that they are having to look at less funding this year. They will have to decide which things are needed most. Mr. Polk asked that they not forget the poor, stating that they need the support if they are going to continue to help themselves. Item 4b ORDINANCE NO. 70-87 ORDINANCE WAIVING SECTIONS 22-1(a)(9) , AND 22-4 OF THE CODE OF ORDINANCES TO ALLOW THE POSTING OF ADVERTISING DEVICES AND THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN LUCY PARK, AND WAIVING SECTION 13 OF RESOLUTION 120-86, WHICH SECTION PERTAINS TO THE RENTAL FEES ASSOCIATED WITH THE LEASING OF THE LOG CABIN IN LUCY PARK, FOR THE ANNUAL "CHICANO DAY AT THE PARK" ON SEPTEMBER 13, 1987 Moved by Councilman Thompson that Ordinance No. 70-87 be passed. Motion seconded by Councilman Kirkham. Raul Vasquez requested portable bleachers for this event. Mr. Murphy noted that they can be provided; it is just a matter of policy. Councilman Buffum asked if bleachers will be provided for the Hotter- 'N-Hell bicycle race, and Mr. Murphy stated that they will be provided. The policy is that groups will pick them up, and bring them back. Councilman Thomas noted that we need someone responsible, and asked about a deposit on the log cabin? We are trying to keep it as nice as possible. If we don't make someone responsible for it, then it becomes a problem. Mr. Berzina explained that he believes the Council needs to pay some attention to waiving the fee. It was not waived last year. The rental fee is $30.00, and the key deposit is $115.00. Moved by Councilman Kirkham that this matter be tabled until Mr. Murphy can check the ordinance. 602 Item 4b, cont'd. Motion seconded by Councilman Buffum, and carried unanimously. Later in the agenda, the item was brought back for discussion. Moved by Councilman Hirschi that this matter be removed from the table. Motion seconded by Councilman Thomas, and carried unanimously. City Attorney H. P. Hodge noted that Section 13 is concerned with fees. It is $30.00 for each four-hour period of time. Section 14 requires a key deposit of $115.00. Section 15 requests a $100.00 clean-up and damage deposit. Councilman Allred stated that she will not be voting on this waiver because of a conflict of interest. Moved by Councilman Buffum to amend the ordinance to waive Section 13 to allow for a $30.00 fee for all day, and to strike out Sections 14 and 15 on the draft, as read by the City Attorney. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6a Moved by Councilman Allred that minutes of the meeting of the Park Board held July 23, 1987, be received. Motion seconded by Councilman Thomas. Councilman Allred noted that she has not seen the report on Jody Ann White Lyons at the Weeks Park Tennis Center, and wanted to do so. Charles Harper, Mayor, requested that Mr. Berzina get that information for them. Councilman Hirschi mentioned that he does not remember being made aware that the Park Board voted in favor of the Council accepting Lynwood Lake. The motion was carried unanimously. Item 6c Moved by Councilman Thomas that minutes of the meeting of the Plumbing Advisory Board held July 30, 1987, be received. Motion seconded by Councilman Allred. Councilman Buffum mentioned an attempt at a water conservation program, and a rebate program for customers. He asked if it is the intent to raise the water rates to rebate these people? Councilman Hirschi stated that is a technique used in San Antonio. It is not saying we should do it. They were able to cut the water consumption by seventy percent. Councilman Kirkham stated that this is a prime example of the staff out- numbering the board members. The same thing applied to the Clean Community Commission. The motion was carried unanimously. 603 Item 6d Moved by Councilman Thompson that minutes of the meeting of the Board of Directors of Reinvestment Zone No. 1, held August 4, 1987, be received. Motion seconded by Councilman Allred. Gail Thompson, member of the Board of Directors, stated that there seemed to be a lack of communication between the City Council and the TIF Board. She stated they would like a city council liaison. They would also like the City Council to attend the September 14 meeting. They would also like to send the Council minutes of the task force meetings, and any information they want. Councilman Kirkham stated that he is the Council representative to the TIF Board. At their last meeting on August 4, he was in Council meeting, and at the prior meeting he was well represented by Councilman Thomas and the Mayor. She stated that they had not been formally notified of this. Councilman Thompson stated that he is the one who raised the question. The TIF Board is composed of people who do not live in the TIF District. People in that district should have some influence in the decisions made by the TIF Board. Councilman Thomas noted that the TIF Board only makes recommendations. The Council makes decisions. Councilman Thompson stated that he realizes this, but they are not even in the recommendations area. The motion was carried unanimously. Item 8f Moved by Councilman Allred that this item be moved to the top of the agenda. Motion seconded by Councilman Thompson, and carried unanimously. Discussion was held on a proposed ordinance amending Ordinance No. 24-87, allowing more than two livestock (goats) to be kept in one enclosure at 4500 and 4508 Allendale Road. A motion was made by Councilman Kirkham, and seconded by Councilman Hirschi for its passage. Richard Blair, of Marsha Lane, appeared as a representative of the Board of Deacons of Rephindim Church. He stated that they are opposed to the waiver requested by Mr. Martin, and requested that it not be granted. Their issue is the right to property, and not destroy their property. The problems still continue. They also request that the previous waiver be reversed. Councilman Kirkham asked how Mr. Martin was negligent in not keeping his goats up? Mr. Blair indicated that there is a court record indicating he is negligent. He has a fence, but it is not adequate. The goats have gotten out on numerous occasions, and caused damage on numerous occasions. He stated that it is their opinion that he is negligent. They feel that their property has been damaged because of this waiver. The church has been located there for approximately six or seven years. Councilman Buffum stated that there seems to be an issue on the address of the property for which the waiver was granted. Mr. Blair stated that the goats are being maintained at 4508 Allendale. Mr. Martin stated that the goats were originally being kept at 4508. They have had as many as 27 goats before the ordinance was passed. He is looking to exchange some of his goats for some sheep. The goats have been out one time in the last nine months. He and Gaines Plaxco were chasing a cow which was on the church property. The waiver was granted so that the goats could be kept in one pen. They have been there for fifteen years. He stated that he has offered to work off some of the damages, but they have refused. Further discussion continued, with events being recounted. Charles Harper, Mayor, stated that he did not want to be a referee between a neighbor- hood quarrel . Councilman Thomas noted that all we have here to consider is an address. Councilman Thompson stated that he will go on record as abstaining because he is a minister of a church. City Attorney H. P. Hodge explained that the charter has a provision that a council member has to vote unless that council member is charged with some wrong-doing, or whether his financial interests are involved. Mr. Hodge believes that he is not in a position to abstain. 604 Item 8f, cont'd. The motion for passage of the proposed ordinance failed by the following vote. Ayes: None Nays: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham , Item 8a i ORDINANCE NO. 71-87 AN ORDINANCE AMENDING THE PLUMBING CODE BY ADDING SUBSECTION 502.16 THEREBY REGULATING THE USE OF SOLDER CONTAINING LEAD Moved by Councilman Thomas that Ordinance No. 71-87 be passed. 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 8b ORDINANCE NO. 72-87 ORDINANCE AMENDING SECTION 28-21 OF THE CODE OF ORDINANCES TO INCREASE THE HOTEL AND MOTEL OCCUPANCY TAX FROM SIX PER CENT TO SEVEN PER CENT Moved by Councilman Thompson that Ordinance No. 72-87 be passed. Motion seconded by Councilman Hirschi . Councilman Buffum asked if Mr. Barrett had received any comment from the Hotel/Motel group? Mr. Barrett stated they haven' t received any comments from them. Councilman Thompson stated that he had received a call from Mr. Hill , and he feels it will place an undue burden on the industry. They collect the money, but have very little input in how it is spent. They feel it should be used to promote tourism. Councilmen Thomas and Buffum noted that it is a state requirement on the breakdown of funds. Councilman Thompson noted that they don' t exactly see the same criteria as the Council , such as the arts. Mr. Berzina stated that the softball complex was requested by the Hotel/Motel Association, as well as BCI . Quite a bit of those funds are very directly allocated by that Board, and sent over here for the Council 's approval . Councilman Thompson stated that they might not see that they want to fund BCI at a higher level . They want to see a greater return for the dollar. Charles Harper, Mayor, stated that if he were the motel people, he would be tickled to death on the return for their dollar. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, and Allred Nays Councilmen Thompson, Buffum, and Kirkham Item 8i Moved by Councilman Kirkham that Item 8i be moved to the top of the agenda. Motion seconded by Councilman Thomas, and carried unanimously. Discussion was held on a proposed ordinance establishing minimum requirements for new and existing mobile home parks. A motion was made 605 Item 8i , cont'd. by Councilman Kirkham, and seconded by Councilman Allred, for its passage. Frank Gibson, Attorney, appeared as a representative of Shady Park Mobile Home Park, stating that he objects to passage of the ordinance in this form. This ordinance would impact 94 of the 160 spaces. He requested that this mobile home park be grandfathered. A few changes in the new minimums would make most of these parks able to survive. He stated that if the discretionary right of the administrator were taken out, it would be totally grandfathered. If a non-conforming use is given, he believes all operators could comply. Councilman Thomas stated that he has a conflict of interest on this, and cannot vote on it. Mr. Gibson stated that he does not see that they accomplish much with the 180-day requirement. He would hate to see some of these people move. Also, none of the fires had anything to do with the storage areas. Willie Vaughan, of Vaughan' s Trailer Park, 3210 Iowa Park Road, mentioned that the $50.00 fee for the mobile home park license is not as it should be, but they can live with it. He also mentioned the abutting private property line being five feet from a property line. He commented on the storage buildings being separated from the mobile home. He would want it next to the mobile home because it will give the storage building more stability, and will not detract from the mobile home. He also noted that a bachelor who is a city employee, lives in a travel trailer. If they have to be moved every 180 days, they will have to lie to each other. He does not see that we need a 180 day restriction on the travel trailer. Councilman Thomas noted the manufacturer does not provide for tie downs under eight feet wide and 40 feet long. Mr. Vaughan stated that this is the best ordinance that has come before the Council since 1962. Betty Butler, owner and manager of Sunrise Park, stated that they were pleased that they were able to participate in this ordinance. They have had several meetings over the past few months. They want the ordinance passed. Tom Griffin, representing Lakeside and Evergreen Mobile Home Parks, stated that they want something on paper so they can get on with business. Councilman Hirschi asked about the fifteen feet between mobile homes and ten feet between houses. Mr. McKinney stated that they made allowances for porches, storage houses, etc. between them. It would only apply to new units moving in. It would not affect existing units. Councilman Buffum noted that if some of these mobile homes move out, and several move in, it may be hard for them to use this land. Mr. McKinney stated that he believed there can be some allowances, because some of them take up two spaces. Councilman Buffum also asked Mr. McKinney if he sees a problem if some of these things are revised? Mr. McKinney stated that the staff recommended setback requirements in the ordinance now. The reduced setbacks increases the potential for fire hazard. With regard to the 180 day requirement on travel trailers, it is not the intention of making them move, but to be readily moveable. He feels if it will be used as a permanent residence, it should be tied down. He also explained the reason for the ten-foot separation of the storage buildings. He also explained the awning as defined in the ordinance. Councilman Hirschi feels that the awnings should be expanded to include steel and aluminum. Moved by Councilman Hirschi that the definition of awnings be expanded to include steel and aluminum. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: None Moved by Councilman Hirschi that the minimum separation and setback requirements in Subsection IV (A) (1) be changed to 10 feet. Motion seconded by Councilman Buffum, and failed by the following vote. 606 Item 8i , cont'd. Ayes: Charles Harper, Mayor, Councilmen Hirschi and Buffum Nays: Councilmen Allred, Thompson, and Kirkham Councilman Buffum wondered if we could not just list the mobile . home parks which are grandfathered? Mr. Hodge stated that most of these parks have been in existence for many years. If a park is grandfathered, we don' t know what regulations they come under in Section Eight. From that point on, we are talking about non-conforming parks. Frank Gibson asked why we should submit these people to more regula- tions if they are not hurting anyone? He feels you should comply with the ordinances in effect after the park was put in. Mr. Hodge explained that the fact that someone put in a park in 1949 does not necessarily mean he can from a legal standpoint continue to operate until the end of time. They do not have an absolute constitutional right to continue to operate from then on. Mr. McKinney stated that the 1962 ordinance has existing setbacks above and beyond what we have proposed in this ordinance. If we grand- father, he is not sure what rules and regulations they will be working under. A lot of them don' t meet the 1962 requirements. Councilman Thompson wondered if it might be possible to put a time limit on this to comply with the ordinance? Mr. McKinney stated that when a new mobile home comes in, they will have to meet the setback require- ments. He further explained that in Section IV (A) , we only address the non-conforming mobile home requirements - not existing requirements. Moved by Councilman Kirkham that the question be called. Motion seconded by Councilman Thompson, and failed by the following vote. Ayes: Councilmen Thompson and Kirkham Nays: Charles Harper, Mayor, Councilmen Hirschi , Allred, and Buffum Moved by Councilman Hirschi that Section IV (A) (1) be changed to ten feet. Motion seconded by Councilman Buffum, and failed by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi and Buffum Nays: Councilmen Thompson, Allred, and Kirkham Roger McKinney suggested that a provision for a variance could go before the Zoning Board of Adjustments. Charles Harper, Mayor, suggested that an appeal paragraph be brought back to the Council at the next meeting. Moved by Councilman Allred that the ordinance be tabled. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Allred, and Thompson Nays: Councilmen Buffum and Kirkham The City Council recessed at 8:25 P.M. , and reconvened at 9:05 P.M. Item 8g Moved by Councilman Thompson that Item 8g be brought to the top of the agenda. 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 607 Item 8g, cont'd. Discussion was held on a proposed ordinance rezoning lots on Buchanan Street between Kell and Avenue M, from single family residential to limited commercial and general commercial zones. A motion was made by Councilman Hirschi , and seconded by Councilman Allred, for its passage. Clora Chaddick, 2301 Buchanan, stated that they have all upgraded their homes, and they feel it should be left as residential . There are other areas that may be used for commercial . Councilman Thomas confirmed with her that she realizes this does not make her move. Some of the people have used the homes as rental property. The concern he has is that if she wanted to sell her home, could she get rid of it? If they had to move, they could get a favorable price, rather than being up against the commercial area. He stated that he could not see the taxes going up unless she makes improvements to her home. Mrs. Chaddick stated that she represented a larger group who were not in favor, than those who were. Councilman Buffum stated that Grant Street no longer goes across Kell . This is a residential area, and one of the goals is to preserve the residential area. He stated that he would vote against this recommendation because it is an encroachment in a residential area. Charles Harper, Mayor, noted that he wants to say to people that it will be either a commercial or residential , and he will vote against it. Councilman Thomas noted that he would vote against it, but he wanted to make sure they understand that the value might not be there later for their care. The motion failed by the following vote. Ayes: None Nays: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Item 8c ORDINANCE NO. 73-87 AN ORDINANCE AMENDING SECTION 901 OF THE CITY PLUMBING CODE BY ADDING RESTRICTIONS ON THE MAXIMUM VOLUME OF WATER FOR URINALS, TOILETS, AND LAVATORY FACILITIES Moved by Councilman Allred that Ordinance No. 73-87 be passed. Motion seconded by Councilman Hirschi . Councilman Thomas asked if someone had a water closet destroyed, and he had to use an old one because another would not fit, would it comply? Mr. Hodge stated that he thinks not. Councilman Hirschi passed out information on water resource and conservation methods in San Antonio. He suggested that a water resources task force be appointed to study this. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, and Allred Nays: Councilmen Thomas, Buffum, and Kirkham Item 8d ORDINANCE NO. 74-87 AN ORDINANCE REZONING LOTS 1 & 2, BLOCK 81, FAITH VILLAGE, UNIT 4, WICHITA FALLS, TEXAS, FROM LIMITED COMMERCIAL TO GENERAL COMMERCIAL ZONE Moved by Councilman Allred that Ordinance No. 74-87 be passed. Motion seconded by Councilman Buffum. Councilman Hirschi asked for a clarification as to whether he has a conflict of interest. He stated that he would not share in any of the profits 608 Item 8d, cont'd. if it were sold. No conflict of interest was noted. Sally Henschel , of Hirschi Realtors, stated that FSLIC is her client. The plat was never recorded on this property. She believes the buffer lis already in place. She also believes that one property there is far : better than three. Mr. McKinney stated that they could more effectively control the curb cuts if it is one lot. They could restrict access to Kemp. Charles ' Harper, Mayor, stated that he would like for them to seriously consider closing Elliott Street. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Allred, and Buffum Nays: Councilmen Thomas, Thompson, and Kirkham Item 8e ORDINANCE NO. 75-87 ORDINANCE TO RESCIND ORDINANCE 36-85 AND TO AMEND SECTION 32-21 OF CODE OF ORDINANCES TO ESTABLISH THE POLICIES GOVERNING DEPOSITS FOR ALL PERSONS AND BUSINESSES DESIRING TO USE CITY WATER Moved by Councilman Thompson that Ordinance No. 75-87 be passed. Motion seconded by Councilman Buffum. Jerry Gross explained the provisions of Paragraph (j) , stating that it is the only one in question. Councilman Thomas hoped that a fine would be levied for anyone who did not have it changed or turned off, if occupied. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 8g ORDINANCE NO. 76-87 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO PROVIDE FOR AWNINGS IN THE SETBACK AREAS OF LOTS Moved by Councilman Buffum that Ordinance No. 76-87 be passed. Motion seconded by Councilman Hirschi . Mr. McKinney stated that he does not see any problem with this awning. Moved by Councilman Hirschi that the ordinance be amended to remove the word "cloth" to allow metal covers. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Councilmen Hirschi , Thomas , Thompson, Allred, and Buffum Nays: Charles Harper, Mayor, and Councilman Kirkham Discussion centered around extension of awnings into setback areas. Councilman Hirschi felt that a two-foot awning would not be useful for the primary purpose of an awning. Mr. McKinney stated that we are only talking about front and side setbacks. Moved by Councilman Thompson that the ordinance be amended to provide for a three-foot extension. 609 Item 8g, cont'd. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Councilmen Hirschi , Thomas, Thompson, and Allred Nays: Charles Harper, Mayor, Councilmen Buffum and Kirkham The motion for passage of the ordinance, as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, and Buffum Nays: Councilman Kirkham Item 8j was withdrawn from the agenda. Item 8k Discussion was held on a proposed ordinance to allow certain types of fences in the front yards of single family and duplex residential use. A motion was made by Councilman Hirschi , and seconded by Councilman Kirkham, for passage of the ordinance. City Attorney H. P. Hodge stated that he could not find any cases at all on this. A motion was made by Councilman Hirschi to add wrought iron fences. No second was received. Moved by Councilman Thomas that the proposed ordinance be tabled. 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 81 ORDINANCE NO. 77-87 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TEN (10) FOOT WIDE UTILITY EASEMENT LYING BETWEEN LOTS 9 & 10, BLOCK 1 , HORSESHOE BEND ESTATES, WICHITA COUNTY, TEXAS Moved by Councilman Buffum that Ordinance No. 77-87 be passed. Motion seconded by Councilman Allred. Councilman Hirschi noted that he has a financial interest in this, and cannot vote. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9a Discussion was held on a proposed resolution approving a lease of Lake Kickapoo Store for a period of ten years, with a ten-year renewal option, with present lessees, Darrell Willett and wife, Sue Willett. A motion was made by Councilman Kirkham, and seconded by Councilman Allred, for its passage. Councilman Hirschi asked if a long term lease is considered a sale, and if competitive bids should be taken? Mr. Hodge stated that state law is silent on leases. Councilman Thomas stated that he saw an ad in our local paper that this property is for sale. Moved by Councilman Allred that this resolution be tabled to clarify the language. 610 Item 9a, cont'd. Motion seconded by Councilman Thompson, and carried by the following vote. I Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9b RESOLUTION NO. 139-87 RESOLUTION TO APPROVE ENGINEERING FEE AND AMEND ENGINEERING CONTRACT WITH THE FIRM OF CORLETT, PROBST AND BOYD FOR A SLUDGE DEWATERING SYSTEM AND RENOVATION OF SELECTED EXISTING PLANT FACILITIES Moved by Councilman Hirschi that Resolution No. 139-87 be passed. 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 9c RESOLUTION NO. 140-87 RESOLUTION DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND BEHALF OF THE CITY OF WICHITA FALLS AND THE BOARD OF DIRECTORS OF TAX INCREMENT FINANCING REINVESTMENT ZONE #1 IN DEALING WITH VARIOUS AGENCIES FOR THE PURPOSE OF SEEKING FUNDING FOR A FEASIBILITY STUDY FOR THE ZONE'S PROJECT PLAN AND FINANCE PLAN: AUTHORIZING CITY OFFICIALS TO MAKE APPLICATION, PROVIDE ASSURANCES AND EXECUTE GRANT AGREEMENT Moved by Councilman Allred that Resolution No. 140-87 be passed. Motion seconded by Councilman Thomas. Perry Goolsby appeared as a member of the Board of Directors of Tax Increment Financing Reinvestment Zone Number One. He stated that they believe that TIF is a sound concept. They feel it is a zone that offers a great deal of possibilities. A feasibility study is needed. They believe the fee would be about $60,000. He requested the Council to authorize the staff to develop an application to assist in getting a grant to finance this feasibility study. The City may have to approve at least twenty five percent of it. Councilman Thomas was optimistic that good things would come from this committee. Councilman Kirkham also thanked Mr. Goolsby for his work. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9d RESOLUTION NO. 141-87 RESOLUTION MODIFYING RESOLUTION 97-86 TO BRING IT INTO COMPLIANCE WITH PUBLIC FUNDS INVESTMENT ACT OF 1987 Moved by Councilman Hirschi that Resolution No. 141-87 be passed. Motion seconded by Councilman Kirkham. Councilman Thomas asked if the Council is going to be able to see 611 Item 9d, cont'd. any proposal , or have any input into it? He wonders if this proposal is going to be like the one last year? Mr. Werner stated that the intent of the law is to allow more competition to people who will be paying interest to our city. He would like to know where our funds are being deposited. Mr. Werner stated that the biggest change is the consolidated CD program. Councilman Thomas noted that he gets itchy thinking about our money leaving the city. Mr. Werner stated that the average maturity is 115 days on any of his investments. Councilman Thomas would like to see what our proposals are so they could be better able to make a decision. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, and Kirkham Nays: Councilmen Thomas and Buffum Item 10a RESOLUTION NO. 142-87 DRESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO JASPER STREET WATER TREATMENT RENOVATION PROJECT Moved by Councilman Buffum that Resolution No. 142-87 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 lla Discussion was held on authorizing the City Manager to enter into a contract with Telerate Access Service. Fred Werner stated that this is using some of the methods the larger banks are using to make more money. Charles Harper, Mayor, stated that he would not want the staff to use it for their own personal use. Councilman Thompson stated that what this implies does not set well . We have no business trying to play the markets with public money. Mr. Werner stated that he is only trying to get today' s information today. In the February-March time frame, the market moved as much as $10,000 to $12,000. Ed Barrett explained that Mr. Werner would just be looking at the interest rate. Mr. Werner stated that he does not receive this type of information. Councilman Thomas wondered what it would cost for this to be done for us, and Mr. Werner stated that a broker quoted him $35.00 per transaction. Moved by Councilman Hirschi that the City Manager be authorized to enter into a contract with Telerate Access Service. Motion seconded by Councilman Allred. Councilman Thomas stated that he worries about other people taking this information off the computer. Mr. Werner stated that he would be the only one accessing this service. The motion was carried unanimously. Item 7a Mr. Barrett noted that fee increases need to be considered. Councilman Thomas mentioned activities involved with the RV Park. He thought we were going to build some restrooms, stating that we will lose our interstate designation if we don't get some restrooms along there. Charles Harper, Mayor, requested the City Managaer to bring back an 612 , Item 7a, cont'd. ,ordinance addressing fee structure. The staff will notify affected parties. Some discussion was held on various cut-backs. Charles Harper, (Mayor, noted that the City will have to start charging sales tax on garbage. There has not been an increase in sewer rates. Councilman Thomas requested a memo on what vehicles we are going to buy. He cannot tell from the budget. Councilman Kirkham mentioned the agenda arrangement. Mr. Berzina stated that he needs executive session matter by Thursday noon. Councilman Hirschi asked Mr. Werner for information on tax exempt property dollar value pertaining to appraised value. There is $318,000 of exempt property on our tax roll , not including senior citizens. A charitable exemption is granted by the Appraisal Board. Rolling Meadows was granted an exemption. Councilman Thomas also agreed that this should be looked at. It was built by tax free dollars, and is not charitable. Councilman Buffum stated that we have to look for $838,700. Taxes will go up without any change in the tax rate. Mr. Barrett explained that there are several areas where we can cut back. Mr. Berzina commented that tax rates are nice. It went too low too quick, and we found that state government gave us more functions to do. We are on a different spending pattern than we have been in the past two or three years. We have lost revenue sharing, and taken severe cuts in others. We need to start thinking about that rate coming up, or next year they won' t be able to balance the budget without looking at serious cuts. Charles Harper, Mayor, stated that more demands would be made on us next year. City services are better than four years ago, and he will be in favor of giving city employees a raise. Councilman Thomas noted that Administra- tive Services reduced employees by nine. Public Works increased theirs thirteen. Councilman Hirschi noted that we will be dropping $300,000 next year on the telephone lease payment. Councilman Hirschi mentioned the overall salary situation, and the percentage of increase which needs to be discussed. Every item has to be considered. Councilman Buffum mentioned the number of employees who qualify for food stamps. Mr. Berzina passed out information to the Council on the softball complex, and the William Young complaint about police, along with information on boards and commissions. Councilman Thompson feels that the public would be more impressed with the Council being able to express ourselves in a brief way, and move on. He would hope that in the future they would restrain themselves, and move forward. It is very taxing physically and emotionally to stay this long. He now understands the rationale of keeping the meetings during the day. If we are going to maintain a quality of life for our city, we are going to have to pay for it. The City Council adjourned at 11:55 P.M. PASSED AND APPROVED this day of 1987. ar es Harper, Mayo ATTEST: Wilma J. Thoffias, CMC/AAE, City Clerk