Loading...
Min 01/05/1988 G, 709 Wichita Falls, Texas Memorial Auditorium Building January 5 , 1988 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8: 30 O' clock A.M. , with the following members present. Charles Harper Mayor a John Hirschi Charles Thomas Angus Thompson Ron Buffum 1\V 11 Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Account Officer The invocation was given by Councilman Thompson. Charles Harper, Mayor, read a poem by Eleaner Wiley. Item 3 Moved by Councilman Kirkham that minutes of the meetings held December 1 and 10, 1987, be approved. Motion seconded by Councilman Thompson, and carried unanimously. Item 4a Pamela Rogers, a Police Department employee, was honored as Employee of the Month for January. 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 4b Travis Hays, of Whitehouse, Texas, appeared regarding an expired Lake Arrowhead lease for Frank Hays, stating that he did not receive a notice. Charles Harper, Mayor, stated that the Council had set out the guidelines. Jack Murphy explained that they missed the payment. Mr. Berzina noted that they have violated the terms of the lease, and have no reason to re-lease it. Mr. Murphy stated that they failed to notify them of the change of address. The Parks Department made extra effort to find them. He further explained that there would be precedent in this if the Council allows them to re- lease it. Councilman Thomas stated that we need to set a policy on these types of situations by the first meeting in February. Billy Melton, 1211 32nd Street, requested a water tap on Windthorst Road. Mr. Berzina stated that this is outside the city limits, and the city has a policy that no water taps are allowed outside the city limits. The Council did not desire 710 Item 4b (Cont. ) to waive it. Mr. Melton was given the opportunity to request a spot on another agenda to talk about it. Item 4c Charles Harper, Mayor, noted his intention of appointing five people from each district to assist in the census for 1990 . This task force would dissolve itself immediately after the census has been accomplished. They would inform people of the importance of everyone signing up. The City receives $2 , 500 from the federal government for each person. Charles Harper, Mayor, also requested that the Council read the material which he has sent them regarding the economic development task force. Charles Harper, Mayor, requested the City Manager to find a date for a work session to re-prioritize the capital improvements plan. He suggested that it be either before or just after the next council meeting. Charles Harper, Mayor, mentioned the living Christmas trees sold to various city departments. It was decided to plant these trees at the intersection of Hiways 281-287-82, South of town, and light them each year. The highway department has agreed to water these trees. Councilman Hirschi mentioned farmers market privatization. Mr. Berzina noted that they had made some studies, and feel they need to discuss it. Councilman Hirschi requested that consideration of a $100 cash award for Employee of the Month be placed on the agenda for the next council meeting. Councilman Hirschi also mentioned the concession at the new ball park. Councilman Hirschi asked if Dr. Cox is testing other bodies of water in Wichita Falls as well as the Wichita River? Dr. Cox stated that they do tests every month on all the watershed area of Wichita Falls. He will furnish this information to the Council in the future. Councilman Hirschi requested a set policy on purchase of water meter boxes. Mr. Berzina will give the Council a report on it. Councilman Hirschi asked about charter review. Mr. Berzina will provide a memo on proposals from the staff. Charles Harper, Mayor, asked about further acid rain tests. Dr. Cox stated that he does that occasionally, and nothing adverse has been found. He also stated that nothing adverse has been found in the tests on the watersheds. 711 Items 5a-8q Items 5a, 7b, 7c, 7f, 8b, 8i, 8p, and 8q were moved to the regular agenda. Moved by Councilman Buffum that the consent agenda be approved. Motion seconded by Councilman Hirschi. Item 5b Ordinance No. 1-88 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A FIFTEEN FOOT WIDE ALLEY IN BLOCK 2 , SCURRY SUBDIVISION, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 6a Resolution No. 1-88 RESOLUTION TO APPROVE JOINT FUNDING AGREEMENT WITH U.S. GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAMFLOW AND RESERVOIR-CONTENT GAUGING STATIONS Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 7a Resolution No. 2-88 RESOLUTION TO AWARD BID FOR PAINTING AT JASPER STREET WATER TREATMENT PLANT AND 402 EAST SCOTT. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 7d The bid for lime slaker to be installed at Jasper Street Water Treatment Plant was awarded to ChemPac Systems, Inc. , Kansas City, Missouri, in the amount of $22,542 . Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 7e Resolution No. 3-88 RESOLUTION TO AWARD BID FOR REPAIRS TO 1963 SLUDGE BEDS AT RIVER ROAD WASTEWATER TREATMENT PLANT Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None 712 Item 8a Minutes of the meeting of the Mayor ' s Commission on the Status of Women held September 27, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8c Minutes of the meeting of the Commission on Aging held November 4 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8d Minutes of the meeting of the Mayor' s Commission on the Status of Women held November 5 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8e Minutes of the meeting of the Planning and Zoning Commission held November 11, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8f Minutes of the meeting of the Board of Electrical Examiners held November 12 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8g Minutes of the meeting of the Landmark Commission held November 19, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8h Minutes of the meeting of the Task Force on the Handicapped held December 1, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None 1 713 Item 8j Minutes of the meeting of the Mayor ' s Commission on the Status of Women held December 3 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8k Minutes of the meeting of the Employee Benefit Trust Committee held December 3 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 81 Minutes of the meeting of the Planning and Zoning Commission held December 9 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8m Minutes of the meeting of the Board of Electrical Examiners held December 10 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8n Minutes of the meeting of the Water Resource Task Force held December 10, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 8o Minutes of the meeting of the Traffic Safety Council (no date) were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Moved by Councilman Thomas that Item 13a be moved to the top of the agenda. Motion seconded by Councilman Buffum, and carried unanimously. 714 Item 13a An appeal to a denial by the Planning and Zoning Commission of a conditional use application for an on-premise primary use sales liquor permit for a club at 3064 Fifth Street was presented. It was noted that a motion was needed to discuss it. Moved by Councilman Buffum for discussion of this matter. The motion died for lack of a second, and the matter failed to come before the Council. The City Council recessed at 9:15 A.M. , and the meeting , resumed at 9: 30 A.M. Moved by Councilman Hirschi that Items 8p and 8q be moved to the top of the agenda. Motion seconded by Councilman Kirkham, and carried unanimously. Items 8p, q Moved by Councilman Allred that minutes of the meetings of the Board of Directors of Reinvestment Zone No. 1, Tax Increment Financing, held November 24 and December 22, 1987, be received. Motion seconded by Councilman Buffum. Councilman Buffum noted that his questions were more related to Item 8q. Councilman Hirschi called attention to the Council that no subsectors progress report was made at the meeting of November 24 , 1987 (Item 8p) . Councilman Kirkham stated that nothing had happened in the subsectors. Councilman Buffum noted that the minutes of the TIF Board stated that the Council didn' t ask enough questions or notify the Board of the impending action. He asked if there was any action taken that we should have asked the TIF Board something about? Mr. Berzina stated that what he got from it was that any time anything happens in the TIF District, it should go to them first. Once changes are made we might want to be brought up to date on this. Councilman Kirkham stated that the TIF Board was concerned that it did not go through them to make sure that it coincides, or does not detract from anything they have planned. They were concerned that the Hospital Board has purchased other property. The main concern that has been expressed is that when Mr. Hausler came to the Council on December 1, a private developer would put in the lot, and it would be on the tax rolls. Since that time it has been learned that it will not be a private development, and will not be on the tax rolls. All of this was discussed at the County, and they did not approve it until it has been worked out. The building site was moved to the Northeast corner of the parking lot to allow more parking, and the air rights were reserved. He feels the service is vitally needed, but he was disappointed that it will not be a taxable account for the city. Councilman Thomas suggested that we might be better off with a long term lease. Tom Elam, 1708 Hursh, appeared as Chairman of the Wichita General Service Corporation Board, which leases the property from the City/County Board. In terms of this property, the ownership in this is subject to lease with the Wichita General Service Corporation Board. The project is a joint project of 715 Items 8p,q (Cont. ) Bethania and General Hospitals. The General Hospital presently owns this property. The Joint Venture Board, composed of citizens from Bethania and General Hospitals, feels it would be much better if the property is sold to them. These funds were earmarked for additional parking. The TIF Board was concerned that they were developing more tax exempt property in this area, but it is already tax exempt since Wichita General Hospital owns it. They have agreed to provide for indigent care, which last year amounted to 3 . 6 million dollars. This is much more than the taxes which would have been paid. This is an extension of the services being provided within the walls of both hospitals. Then the project started, it was going to be a private entity, and that is the way it was presented to the Council. It was decided to be a partnership between the two hospitals. The two hospitals feel they must combine their efforts in some of these high dollar services. This is the first time that the two hospitals have gotten together for this type of project. Councilman Hirschi wondered what kind of expertise the TIF Board had in appraisals. He was also not aware that the TIF Board would have authority to be an architectural review or zoning board. He thought they were to promote development in the area. Mr. Berzina feels that they think it is more of a courtesy. He does not think there is any legal binding thing put into place. Councilman Buffum understood that they just wanted to be informed. Authority rests with the Council, but they need to be kept informed. Councilman Thomas stated that he hopes they don' t forget who owns the land they are located on, and that the taxpayers do support indigent care through the County. Councilman Buffum stated what concerns him is the property. He endorses this facility. The only thing he has reservation about is the sale of the land, as opposed to a lease. City Attorney H. P. Hodge explained what could happen if two partners decided to split up . Charles Harper, Mayor, expressed concern for the rule of thumb that you do not turn loose of your assets; you lease it. Councilman Thompson expressed concern that they acted a little hasty, and also when the County shirks from its responsibilities to provide hospital care, that we give up something. Councilman Hirschi feels the City sometimes gives up something when somebody else can manage it better. It was noted that the County provides $180,000 of the 3 . 6 million dollars. Councilman Hirschi mentioned that the project planning by the TIF Board should be completed by February, 1988 . It seemed strange that the TIF Board was directing staff, rather than directing it to the City Manager for his action. Mr. Berzina stated that the staff was not on the project as heavy as he felt they should be, and he directed the staff to do this. The final document will come back to the Council. City Attorney H. P. Hodge stated that the Council has gone on record as approving the sale. As long as those conditions specified by the County are met, he would think they can close the deal. Tom Elam felt that the TIF Board agreed with the City on the sale of the land, with certain conditions. He would hope that once the deed was prepared according to these conditions, they could proceed. Charles Harper, Mayor, felt that the TIF Board was within its rights for this to come before them. Their concerns are a little different, since they are a planning group. Some of the things are different now than when they first passed the 716 Items 8p,q (Cont. ) resolution. Mr. Hodge stated that the Council can now take any action they want to, either to amend or repeal, as long as no action has been taken on it. The action they have taken is not irrevocable, but after the sale is consumated it is too late. John R. Reed, 108 Pembroke, expressed his thoughts that we are selling a half interest in a piece of property, which they will turn around and purchase other parking around this property. We are combining the efforts of the two hospitals. He urged them to do nothing but receive the minutes, and go on. The question was called by Councilman Kirkham, seconded by Councilman Thomas, and carried unanimously. The motion to receive the minutes of Items 8p,q, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Councilman Hirschi asked about the time being allocated to TIF by city staff. Mr. Berzina stated that three people will give one-half of their time between now and time for finishing the project. These people are Jeanie Thompson, Subir Murkejee, and Bernice Prchal. Other staff members will be meeting with the TIF Board. He wonders if we have the ability to look back at the amount of staff cost that goes into any particular project. Mr. Berzina stated that they can do this in the Police Department. Sometimes in other departments they have to review each. Councilman Hirschi would like to have the information on what TIF has cost the City. Councilman Thomas hates to see us pull up figures on something requested by the Council. He hopes we don' t get into a timekeeping situation, and not get anything done. Councilman Thompson stated that we have to be careful in putting price tags on people. Item 5a Ordinance No. 2-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 3300-552-000 Moved by Councilman Buffum that Ordinance No. 2-88 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 7b Moved by Councilman Buffum that the bid for a hydraulic shoring system be awarded to Southland Industries, Inc. , Dallas, in the amount of $5,537. 36 . Motion seconded by Councilman Allred. 717 Item 7b (Cont. ) Councilman Buffum asked about the cost effectiveness. Mr. Bonnett and Mr. Gross explained the safety and other requirements, with Mr. Gross stating that this equipment is basically for normal requirements. If they need to shore several excavations simultaneously, they will seek lease of equipment. The motion was carried unanimously. Item 7c Resolution No. 4-88 RESOLUTION ACCEPTING BID OF L. J. TAYLOR AND COMPANY INCORPORATED FOR THE CONSTRUCTION OF THE MANHOLE ADJUSTMENT PROJECT Moved by Councilman Thomas that Resolution No. 4-88 be passed. Motion seconded by Councilman Thompson. Mr. Berzina explained what manhole adjustment involves, and Mr. Bonnett explained why it was pulled out of the resurfacing project. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 7f Moved by Councilman Thomas that the bid for a radio system for the Fire Department be awarded to Motorola Communications and Electronics in the amount of $72, 135 . 64. Motion seconded by Councilman Kirkham. Councilman Thomas noted that this is the first time our Fire Department has received completely new equipment. He complimented Chief James for this. The motion was carried unanimously. Item 8b Moved by Councilman Hirschi that minutes of the meeting of the Kemp Public Library Advisory Board held November 4 , 1987, be received. Motion seconded by Councilman Thompson. Assistant City Manager Louise Houseworth stated that Dick Waters is working on the final report, which will be presented to the Council at the February 2 meeting. The report should be in their hands about a week prior to this meeting. Councilman Hirschi stated that the job description seems somewhat inadequate, and he would like to have it beefed up. There is a 133 percent increase in positions, and an increase in pay requested. Miss Houseworth stated that he did not put a specific dollar amount on it, but she is sure he could. Councilman Hirschi requested that the typo errors in the draft be cleaned up. 718 Item 8b (Cont. ) The motion was carried unanimously. Item 8i Moved by Councilman Buffum that minutes of the meeting of the Aviation Advisory Board held December 3 , 1987, be received. Motion seconded by Councilman Hirschi. Councilman Buffum asked about funds held back for cost overruns, and Mr. Parker stated that there were no costs overruns. Councilman Thomas asked if landing fees were discussed, and Mr. Parker stated that it was brought up and discussed, but not in the minutes. Councilman Thompson asked about Articles 6 and 14. Mr. Parker stated that it gives the City the right to review. He and Mr. Berzina decided that the Aviation Advisory Board would review them. Regarding the allegations made by Zack Burkett, Mr. Schleider felt the project was being delayed because of nitpicking. A meeting was held, and a memo of record of their findings is on record. Councilman Kirkham mentioned the incorrect spelling of his name. The motion was carried unanimously. Item 9a A public hearing was opened on hazardous structures which can be repaired. It was noted by Charles Harper, Mayor, that the owner has 30 days to repair those structures which are repairable, and 30 days to demolish those that cannot be repaired. Frank Trotter appeared as attorney for Mercury Savings for property at 1801 Collins. A video was shown. Mr. Trotter explained that Mercury Savings is under a conservatorship with FSLIC, and he hopes they will consider this. The property is with Hirschi Realtors to have it sold. They care requesting an extension to sell it on an as is basis. They do not know when it will sell. It does need some repairs, but they do not want to spend more money on it before they sell it. The property is listed at $15,000, subject to negotiations. The Vice-President of Mercury Savings requested a six-month extension for them to sell the property, which the Council agreed to. Wayne Malone, 2121 Yale, explained he has been working on this when he can. A video was shown. He feels 30 days will be adequate to finish it. Jim King, Code Enforcement Officer, suggested that he secure a building permit for the repair. The public hearing was closed on the repairable structures. The public hearing was opened on demolition of hazardous structures. John D. Hilley, 6200 Lake Road, agreed with the demolition. He had other questions about replatting, which Mr. McKinney stated had been before Planning and Zoning several times. He has 30 days to demolish it, and Mr. King explained that he would need a demolition permit. Councilman Thomas noted that ownership of 410 Flood needs to be settled within 30 days. The public hearing was closed. i 719 Item 9a (Cont. ) Ordinance No. 3-88 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDING AND/OR STRUCTURES TO BE DANGEROUS. COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilman Hirschi that Ordinance No. 3-88 be passed, giving a six-month extension on 1801 Collins, and 30 days to Mr. Malone at 2121 Yale, and get a building permit. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 10a Ordinance No. 4-88 ORDINANCE AMENDING ARTICLE I, SECTION 5-1 OF ORDINANCE 6 3-8 5 TO REMOVE ALLOWANCE FOR A DOG TO BE UNDER VERBAL COMMAND WITHOUT A LEASH WHILE ON THE OWNER' S PROPERTY AND NOT IN AN ENCLOSURE Moved by Councilman Kirkham that Ordinance No. 4-88 be passed. Motion seconded by Councilman Hirschi. Richard Amon, 1808 Parkwood Drive, stated that he has two German Shepherds that he works with in obedience. This ordinance would make it illegal to do so. Dr. Cox stated it would be illegal unless they were in an enclosure. They have had instances of dog bites when a dog was supposedly under verbal control. The area behind the Health Department between it and the river has been declared by custom as an area where dogs can be worked. They have agreed with the kennel clubs that they would have an area for them. There are no parks where they can work with dogs and frisbees. Councilman Allred was concerned that this was not addressing what they want it to say. Roy Ressell stated that 100-200 bites per year have occurred by dogs supposedly under verbal control of the owner. Dr. Cox stated that before the present law was passed in 1985, it was illegal for dogs to be on the owner' s property under verbal control. This provision has not worked. John R. Reed, Postmaster, spoke of an injury sustained by a mail carrier by a Pit Bull dog, which later caused the man to be fired because of poor attendance and inability to perform. He also mentioned a dog going through the screen door. The owner is not always with the dog. He supports Dr. Cox in correcting what is not working, and that is verbal control. He recommended that this be corrected. The Council would like to have another ordinance brought back regarding permits for dog shows, etc. The motion for passage of Ordinance No. 4-88 was carried by the following vote. 720 Item 10a (Cont. ) Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thompson, Buffum, and Kirkham Nays: Councilmen Thomas and Allred Item 10b Ordinance No. 5-88 ORDINANCE AMENDING ARTICLE IV, SECTION 5-23 OF ORDINANCE 63-85 DESCRIBING VICIOUS DOGS, REQUIREMENTS FOR MAINTAINING VICIOUS DOGS, PROVIDING FOR THEIR IMPOUNDMENT AND DISPOSAL AND ESTABLISHING PENALTIES Moved by Councilman Thompson that Ordinance No. 5-88 be passed. Motion seconded by Councilman Hirschi. Richard Amon stated that his dogs are tattoed, and wondered if that would cause him a problem in saying his dogs are vicious. Councilman Hirschi asked if a child walks on the yard, would that fit the definition of willful trespassing? Bill Sullivan, Assistant City Attorney, feels a very young child is not a willful trespass. Martha Whatley, 2615 San Simeon, complained about a vicious Boxer dog, whose owners reside at 2611 San Simeon. She stated that the dog attacked in her yard. The owners do not keep the dog confined. She readily admitted that her dog was also running at large. She stated that she filed a vicious dog complaint with the Health Department, and they did not interview her. There were three families involved. Roy Ressell, of the Health Department, stated that all of the dogs were at large. Dr. Cox stated that he has not completely finished this particular investigation. He wants to talk to the dog' s owner. He explained what had been done. Charles Harper, Mayor, noted that he does not see that it says they will take a public opinion poll, but that an investigation will be made. Mrs. Whatley encouraged the passage of this ordinance. Bill Sullivan stated that one of the purposes of this ordinance is to take statements, and determine if provocation occurred or not. Mrs. Whatley stated that the dog has attacked three times in three months. Councilman Thomas called the question. It was seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilman Allred was out of the room) The motion for passage of the ordinance by changing the title to vicious dogs, rather than animals, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilman Allred was out of the room) Dr. Cox will keep the Council posted. li �I 721 Item 10c Ordinance No. 6-88 ORDINANCE WAIVING A PORTION OF ORDINANCE NO. 63-85 ARTICLE VI , SECTION 5-47A IN ORDER TO ALLOW MICHAEL CAMPBELL TO KEEP TWO SHEEP AT 4718 CYPRESS STREET IN SMALLER THAN A PEN MEASURING 600 SQ. FEET PER LIVESTOCK AND LESS THAN 200 FEET FROM RESIDENCES ON PROPERTY OF OTHERS Moved by Councilman Kirkham that Ordinance No. 6-88 be passed. Motion seconded by Councilman Thompson. This is a 4-H project. Dr. Cox stated that these sheep are to be kept only until March. There are 16 lots within 200 feet of this area. Four of these people objected to these sheep. Four thought it was all right, and others did not care. Some were not hear from. Mike Campbell stated that this is a 4-H project limited to two sheep. They will be sold on March 12. The concensus was not to pass this ordinance, but give permission for the sheep to remain there until the show in March. Dr. Cox will approach the 4-H people to help solve some of these problems we have with livestock in the city. An amendment was moved by Charles Harper, Mayor, to waive the ordinance until April 1, 1988. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, and Kirkham Nays: Councilmen Allred and Buffum The motion for the ordinance, as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson and Kirkham Nays: Councilmen Allred and Buffum The City Council recessed at 1: 10 P.M. , and reconvened at 2 : 05 P.M. item 10d Ordinance No. 7-88 ORDINANCE WAIVING SECTION 22-1, SUBSECTION (a) ( 9 ) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO ALLOW THE POSTING OF ADVERTISING DEVICES AND THE POSSESSION AND CONSUMPTION OF BEER AT HAMILTON PARK AT THE "EASTER SEAL RUN" ON SATURDAY, MARCH 19, 1988 Moved by Councilman Buffum that Ordinance No. 7-88 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. 722 Item 10d (Cont. ) Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Thompson, Buffum, and Kirkham Nays: None. Item lla Resolution No. 5-88 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING CONSULTING FIRM FOR DESIGN OF HOLLIDAY CREEK SANITARY SEWER TRUNK MAIN Moved by Councilman Buffum that Resolution No. 5-88 be passed. Motion seconded by Councilman Hirschi. Discussion was held on this matter, after which Councilman Kirkham called the question. It was seconded by Councilman Thompson, and failed by the following vote. Ayes: Councilmen Thomas, Thompson, and Kirkham Nays: Charles Harper, Mayor, Councilmen Hirschi, Allred, and Buffum Fees were discussed for the engineering study, with a maximum of $262 , 600. Mr. Bonnett explained that we have two firms with manpower and resources to handle this project. Both firms are pretty well loaded up with design work. If the decision is to stay in the city for consulting firms, he feels the way we are now going is correct. If they choose to go outside the city there are hundreds of firms who have this expertise and resources to do this work. The motion for passage of Resolution No. 5-88 was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item llb Resolution No. 6-88 A RESOLUTION CALLING PUBLIC HEARINGS ON AN ANNEXATION PROCEEDING Moved by Councilman Thomas that Resolution No. 6-88 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None. t 723 Item llc Resolution No. 7-88 RESOLUTION APPROVING THE THIRD AMENDMENT TO THE RENTAL AGREEMENT AT MUNICIPAL AIRPORT WITH METRO EXPRESS II , INC. , D/B/A AMERICAN EAGLE, AND THE FIRST AMENDMENT TO THE RENTAL AGREEMENT WITH ATLANTIC SOUTHEAST AIRLINES, INC. Moved by Councilman Allred that Resolution No. 7-88 be passed. Motion seconded by Councilman Thompson. Councilman Hirschi asked about de-icing equipment. Robert Parker stated that all airlines have the equipment available. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item lld Resolution No. 8-88 RESOLUTION SUPPORTING PARTICIPATION IN THE TEXAS MAIN STREET PROGRAM AS A SELF-INITIATED PROJECT Moved by Councilman Thomas that Resolution No. 8-88 be passed Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item lle Resolution No. 9-88 RESOLUTION SUPPORTING THE COLLECTION OF STATE SALES TAX AT THE POINT OF DESTINATION FOR OUT-OF-STATE CATALOGUE AND TELEVISION SALES WITH A PORTION OF THE PROCEEDS DISTRIBUTED TO LOCAL UNITS OF GOVERNMENT Moved by Councilman Hirschi that Resolution No. 9-88 be passed. Motion seconded by Councilmen Allred. Copies will be sent to the Texas Municipal League and the National League of Cities. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None 724 Item 12a Resolution No. 10-88 RESOLUTION TO AWARD BID FOR UTILITY LINE RELOCATION AT EASTSIDE DRIVE AND HOLLIDAY CREEK Moved by Councilman Thompson that Resolution No. 10-88 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 12b Resolution No. 11-88 RESOLUTION TO AWARD BID FOR RENOVATION OF THE ACTIVITIES CENTER Moved by Councilman Allred that Resolution No. 11-88 be passed. Motion seconded by Councilman Thomas. Miss Houseworth stated that work will start in two weeks. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, Buffum, Thompson, and Kirkham Nays: None Item 12c Resolution No. 12-88 RESOLUTION TO AWARD BID FOR 1987 RENOVATION PROJECT AT CYPRESS STREET WATER TREATMENT PLANT Moved by Councilman Allred that Resolution No. 12-88 be passed. Motion seconded by Councilman Thompson. Councilman Hirschi stated that there was a comment that the irrigation system was not well designed. A question was asked if he had talked with David Martin? Councilman Buffum commented that it could also be done for less. Jerry Gross addressed this, stating that he feels only the sprinkler system would be $67,000. It was designed by Biggs and Mathews. Charles Harper, Mayor noted that it is not unusual for low bidders to complain about the design. Councilman Hirschi questioned the feasibility of spending $67,000 for a watering system at the water treatment plant. Mr. Bonnett stated that one of the things we have not done very well is to market our product and design our fixtures so that it shows confidence. They feel the installation should show that it produces an excellent product. Councilman Thompson stated that he does not understand how we can lose thousands of dollars on engineering studies, yet worry about nickles and dimes on water. 725 Item 12c (Cont. ) The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Allred, Thompson, and Kirkham Nays: Councilmen Hirschi and Buffum Item 12d Moved by Councilman Allred that the bid for the purchase of telephone equipment to add the Health Department to the City' s telephone system be awarded to Oklahoma Texas Telecommunications in the amount of $12 , 911. Motion seconded by Councilman Thompson. Councilman Thomas stated that in our original proposal, we did not get all the phones he was told to expect. He thought we might be getting big enough to handle electronic maintenance. Edward Barrett stated that there are several areas in the City that do not have a separate telephone system, such at the Activities Center and Library. The maintenance contract we now have runs through June. They are still working on our long distance system. The motion was carried unanimously. Item 13b Mr. Berzina mentioned that a lease was cancelled on Lot 16 , Block J, at Lake Arrowhead, for non-payment. The Council gave them six months to sell the property. There were also health violations. Corrine Hammers is the lessee. Occupants are Mr. and Mrs. D. E. Hill, Mrs. Hammers ' daughter and Bon- in-law. Bob Hampton, Attorney with West Texas Legal Services appeared for Mr. and Mrs. Hill. He requested that the Hills ' be extended a lease, or the City purchase the house at a reasonable price. Allegations of sewer and electrical code violations were made in 1986. They came before the Council on January 20 , 1987. The Council gave them six months to stay there, and try to sell the house. The matter was again on the council agenda on February 3 , 1987. Mr. Hampton stated that $30 , 000 is the asking price for this property. They have tried to sell it. Both are in poor health. Their total income is $500 a month. The latest inspections show that no violations currently exist. Assistant City Attorney Bill Sullivan stated that in February 1987, the Council terminated their lease, so they do not have a lease. The house has been up for sale for some months. They do not have a lease out there to extend. Mr. Berzina read the Council minutes of January 20 and February 3 , 1987, pertaining to this matter. Charles Harper, Mayor, asked for a recommendation from the staff. Mr. Sullivan stated they would like to have them vacate the property. Jack Murphy stated that we need a policy on whether the Council wants to re-lease the lots. Charles Harper, Mayor, suggested a work session to discuss a policy, and handle it not later than the second meeting in February. Item 13c Nothing came before the Council for discussion. 726 Item 13d The City Council recessed into executive session at 3 : 45 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) , of the Revised Civil Statutes. The meeting reconvened at 6 : 10 P.M. Item 13e Moved by Councilman Thomas that the following board appointments be made. ( 1 ) Building Board of Adjustment and Appeals - John Glover, James Foster, and Nell Stokes-Moser terms to expire 12-31-89 ( 2 ) Handicapped Task Force - Claudia S. Estes; term to expire 6-1-88 ( 3 ) Zoning Board of Adjustment - Richard Sutton, Bill Rowland, William Kidd, and Syd Litteken; terms to expire 12-31-89 ( 4 ) Clean Community Commission - John Stahler, Gary Cardwell, and Marilyn Stafford; terms to expire 12-31-89 (7) Plumbing Advisory Board - Grant Collins, Jose I . Moreno, Calvin Dipprey, and Denzil Ingram; terms to expire 12-31-89 ( 8) Park Board - Marian H. Weir, Dee Ann Martin, Esquel Sanchez ; terms to expire 12-31-90 � . Thomas J. Bursey (replacing Roosevelt Flanigan) ; term to expire 12-31-88 ( 9) Landmark Commission - Jim Marshall, representing the Planning and Zoning commission; term to expire 12-31-90 ( 10) Wichita Falls-Wichita County Public Health Board - Gerald R. Leopold, Burl Kirkland, and Michael L. Bomar; terms to expire 12-31-89 Motion seconded by Councilman Allred, and carried unanimously. The City Council adjourned at 6 : 16 P.M. PASSED AND APPROVED this the `�z day of , 1988 . i Charles Harper, Mayor ATTEST: Wilma J. Th mas, CMC/AAE City Clerk