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Min 02/16/1988 751 Wichita Falls, Texas Memorial Auditorium Building February 16 , 1988 i 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 i 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 invocation was given by Councilman Thompson. Charles Harper, Mayor, read a poem by Edgar A. Guest concerning candidates. He also read a proclamation on Child Passenger Safety Awareness Week. Item 3 Councilman Hirschi noted that in Item 4b, Page 741 , of the minutes of the meeting of February 2, 1988 , the word "salary" in the last sentence of the first paragraph should be "survey" . Moved by Councilman Thomas that minutes of the meeting held February 2, 1988; be approved. Motion seconded by Councilman Kirkham, and carried unanimously. Item 4a Mr. Jeff Roland, of Yellhouse Machinery Company, in Lubbock, appeared in regard to a bid previously awarded on certain machinery. He stated that the machinery they bid was a John Deere. This machine met all specifications. They made two exceptions. One was the hydraulic minimum pressure, and ground pressure also exceeded the maximum. Warranty requirements were also questioned. Their bid was $91,036 . The City paid $100, 551 for the machine they purchased. He stated that they have never bid a machine out of courtesy. He requested that they be taken off the bid list if that is the way they are going to be received. Mr. Berzina stated that he would need to go back into the process to find out what happened. Councilman Thomas noted that he quizzed the warranty provision pretty thoroughly. A question was asked about what could be done if they were in error. Mr. Hodge noted that it would depend on whether the bid has been consummated, and the article purchased. If this has been done he does not know of anything we can do, but just try to make sure it doesn' t happen again. If the deal has not been closed they would need to take a look at it. 752 Item 4a (Cont) Charles Harper, Mayor, stated that if it has been done wrong, he would need to write a letter of apology to the company. Mr. Berzina stated that the City would not want them to remove their name from the bid list. Mr. Roland stated that the issue is not getting the business, but the way they didn' t get it. Mr. Hodge stated that the issue is did they meet the specifications, or did they not meet the specifications. If it did not meet specifications the Council would not be in a position to accept the bid unless it was such a very minor variance. Mr. Berzina stated that he would want to start the process, and find out all he can about it, and get the information to him and the City Council. Jim Andrus, representing Triple A Publications out of Oklahoma City, presented an award to Charles Harper, Mayor, for the City' s support and concern in the drug abuse program conducted by them. Richard Amon, 2808 Parkview, stated that a dog show will be held here next month. He understands that tags and vaccinations will be checked on only dogs in Wichita Falls, and not on those from outside the city. He stated that he is a member of the Faith City Kennel Club, and it came out in their newsletter that they would be doing this. Tom Edmondson, of the Health Department, stated that this is the first he has heard of it. He noted that they should be vaccinated and tagged, but he knows of no special enforcement. Item 4b Councilman Buffum noted that Bob Dickson had met with the Drug Treatment Task Force regarding the $200,000 grant. He stated that they have formed a work group who will be working directly with the state agency for possible solutions. He also asked about possible implementations regarding the water retention ordinance. Mr. Berzina stated that it is not ready. Councilman Thompson requested that a letter be presented to the Postmaster General because of the closing of the downtown post office on Wednesday morning. It was noted that other branches are also affected. Councilman Thompson expressed a desire to look into a low income housing development in District 2 from properties sold because of tax liens. Mr. Berzina stated that the previous owner has two years to reclaim the property. Mr. Hodge explained that we are required by charter to bid an amount up to the value of the property, or the amount of taxes due, whichever is less. Councilman Hirschi stated that he feels this fits in well with the Mayor' s economic task force to get this project underway. Councilman Kirkham noted the many tax suits being filed. If this is not paid this property will be up for sale. Councilman Kirkham mentioned a memo from Roger McKinney dated February 12, pertaining to salvage yards, stating that it does not sound as if much was accomplished. Every one of the attendees were auto salvage operators, and did not include any oil field salvage or used building salvage representatives. His intention was not to just single out the 753 Item 4b (Cont) automobile junk yards, but all who have junk yards of any kind. Charles Harper, Mayor, stated that he believed the Council has stated that fencing is not a negotiable item, but they wanted to broaden it as far as other types of junk is concerned. Councilman Hirschi asked Mrs. Thomas about information on the ordinance on itinerant merchants, and a large permit sign which could be seen from a distance. Mrs. Thomas explained that this has not been forgotten, and the information will be forthcoming. She also explained that she has been in touch with the Office of the State Comptroller, who has said that itinerant merchants are required to pay sales tax on items sold, and that someone from Sherman will be contacting her office. They did state that enforcement of it rests with their office. Councilman Hirschi also asked about recycling dumpsters at the Transfer Station. Councilman Hirschi asked if the City has ever had a non- binding straw vote on any issues that are of current concerns? In an election, you would get a response from almost everyone. Mr. Berzina noted that if you take an issue and wing it out there without a background, it seems that you run some risk, depending on how much you ask the people. On a bond issue, you promote it. If an issue is not fully explained you seal its fate for the future. You really need to be able to explain it, and tell people why it is important. Charles Harper, Mayor, stated that he had always believed this is what people were elected to the Council for. Councilman Buffum agreed with the Mayor and Mr. Berzina. If they see it on a list they may think it is something they are really going to do. Mr. Hodge stated that he remembered a straw vote the Council did one time on zoning, and it carried. The Planning Board went to work on it, and a number of citizens came up in opposition. They said a lot of people who voted on it thought it was to have a zone number on their address at the post office. They put it up for a vote, and it failed. Councilman Allred stated that she believed the newspaper supplement we have had is a good way to get a straw poll. Councilman Hirschi felt this would not get the most input from the voters. Charles Harper, Mayor, disagreed. Charles Harper, Mayor, reminded people who are running for office that it is illegal to place any kind of signs on utility poles. This also includes garage sales, etc. Mr. Berzina stated that at times they have had city staff out taking these signs down. Charles Harper, Mayor, stated that if we issue a fine it might help. Mr. Hodge stated that they would have to catch someone putting it up. You would have to be able to prove who put the sign up. Councilman Thomas mentioned garage sale signs that invite you to a particular house. Councilman Kirkham stated that smoking, littering, and political sign ordinances need to be repealed. The smoking ordinance is not being complied with. Mr. Hodge explained that a restaurant is not required to have a sign if they have a host or hostess who seat the customers. 754 Items 5a - 8g Items 5a, 6b, 7a, 8b, 8d, and 8g were moved to the regular agenda. Moved by Councilman Buffum that the consent agenda be approved. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Buffum Nays: Councilman Kirkham Item 6a Resolution No. 27-88 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 8a Minutes of the meeting of the Commission on Aging held December 2, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 8c Minutes of the meeting of the Kemp Public Library Advisory Board held December 17, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 8e Minutes of the meeting of the Zoning Board of Adjustment held January 20, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 8f Minutes of the meeting of the Landmark Commission held January 21, 1988 , were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None 755 Item 5a Ordinance No. 12-88 MAKING AN APPROPRIATION FROM THE FLEET MAINTENANCE INTERNAL SERVICE FUND IN ORDER TO SETTLE A COURT JUDGMENT RELATING TO CONDEMNATION OF PROPERTY FOR THE CENTRAL SERVICES COMPLEX Moved by Councilman Thomas that Ordinance No. 12-88 be passed. Motion seconded by Councilman Thompson. Councilman Hirschi noted that he is not convinced that the City received the best counsel in this case. He is concerned that a group of citizens would shoot themselves in the foot on giving away tax dollars. It would seem that we have no choice but to accept the verdict of the judge and jury. Councilman Kirkham agreed that we did not present the best case. Councilman Buffum noted that this is a large price to pay for this property, but the jury cannot be prejudiced by tax dollars. City Attorney H.P. Hodge stated that we had a fine trial lawyer. If he gets clobbered it does not necessarily mean that he did a bad job. A professional appraiser got on the stand and said that was what the property was worth. The jury accepted his opinion rather than the two highly qualified appraisers we had. Councilman Hirschi stated that he does not claim it is all his fault, but we may not have given it enough thought, and done a good sale job. Charles Harper, Mayor, commented that you cannot tell what a jury will do. Mr. Hodge noted that sometimes they can surprise you as to who they chose to believe. Appraisal is not an exact science. Councilman Thomas stated that a lot of people think the City has deep pockets. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Moved by Councilman Hirschi that Item lla be moved to the top of the agenda. Motion seconded by Councilman Buffum, and carried unanimously. Item lla Discussion was held on a proposed resolution approving first amendment to contract for catering services at the Wichita Falls Activities Center. A motion was made by Councilman Hirschi, and seconded by Councilman Thompson for its passage. Charles Harper, Mayor, read a letter from Mr. Cantu addressed to the City Council pertaining to purchase of food from the service contractor, stating that if the Council does not wish to consider the amendment to the contract, then the terms of their first letter will stand and they would give a 30-day notice to get out of the business. Louise Houseworth, Assistant City Manager, noted that they are renewing for another year. Cantu would be given exclusive rights to the kitchen. Anyone else providing food 756 Item 11a service there would have to use Cantu if the food is not donated or baked themselves. She also stated that there is also a change in bonds and insurance. Cantu wants to give them an irrevocable letter of credit. It was noted that Mr. Cantu is not concerned about the purchase of food for serving to a group of less than thirty people. Councilman Thomas noted that the Lions Club has worked this out with Cantu. Discussion continued, with a motion made by Councilman Kirkham, and seconded by Councilman Hirschi, to insert the word "prepared" , rather than "served" in Paragraph IIB. The motion carried unanimously. Mary Beth Waggoner, 4422 Weeks Park Lane appeared as President of the Junior League stating that they object to exclusive right of the contractor. The variety of food at Christmas Magic cannot be purchased from this caterer. Councilman Hirschi stated that they had suggested that people involved should talk with Mr. Cantu. Councilman Thomas noted that they are looking at a large building with meals served 365 days a year. They were hoping someone from the Junior League would contact Cantu before tonight. Mrs. Waggoner mentioned several special events at which food is served at Christmas Magic. Non-profit status was discussed. They already have a contract to rent the building. Councilman Allred stated that she is disappointed in this amendment. They asked Cantu to contact these four groups, and all she sees is a threat from Mr. Cantu. A motion was made by Councilman Thompson to add a clause to make the amendment subject to any outstanding contracts previously entered into by the City, and that a clause be placed in the Activities Center contract form to make it subject to the Cantu Catering contract. The motion was seconded by Councilman Buffum, and carried unanimously. Mrs. Waggoner stated that they will check with Mr. Burkman and Cantu. Miss Houseworth stated that she does not believe food was specifically mentioned in the contract with the Activities Center. Ray Stiles, 104 East Scott, appeared representing several restaurants that cater. He stated that the reason a lot of parties rent these rooms at the Activities Center is because they know they can take bids from other caterers for the service they want. He stated that he has already pulled some parties out of the Activities Center. He is surprised that Mr. Cantu is not here. It must not be that important to him. The Council seems to know what Mr. Cantu will do, but it is not in writing. Councilman Thomas mentioned clubs and scheduled meetings that meet there every week. Mr. Stiles stated that many of these groups purchase food from him, and that they would hurt themselves if they do this. Councilman Thomas asked Mr. Stiles if he would bid on the Activities Center, and Mr. Stiles replied that they deal with individuals, and he has not seen a bid sheet. He stated that people will move out of the Activities Center for other places. Mr. Berzina explained that janitorial service is included in the meal price of $4 . 95 , unless there are extra services. It was noted by Miss Houseworth that the City receives a percentage of ten to fifteen percent from meals that are catered by Mr. Cantu. We don' t receive anything from independent caterers except rental of the building. Stanley Hill, 4303 South Leighton Circle, stated that they are talking about quality, and not price. He stated that he is not equipped to take the whole thing, but he has catered 20-25 groups there in the last year. If it goes exclusive you can forget about quality because there will not be any 757 Item 11a (Cont) competition. Outside caterers started out paying a ten percent surcharge. He has never used the kitchen, and does not object to a ten to fifteen percent surcharge. The City discontinued it. He does not want the kitchen. Councilman Buffum stated that he would exclude all special functions, and let them bid on this. If Mr. Cantu cannot live with this, then that is Cantu' s problem. Mr. Hitt stated that they have had three or four caterers there at one time, and there has never been any hassle between the caterers. It was noted by Mr. Stiles that he has catered about fifty times at the Activities Center in the last year, and he recently catered 800 meals. Neither Mr. Stiles, Mr. Torrance, nor Mr. Hill object to a service charge. Al Torrance, Caterer, 3200 Seymour Highway, stated that he is a former contractor at the Activities Center. He confirmed that there is no lease or fee to Mr. Cantu for lease of the kitchen. No utilities are paid by the caterer for having this facility. He sees as a disadvantage the volume of business for a low cost meal. There is not much left after tax and labor has been paid. The amount of activities going on in the Activities Center now is no way near what it was three or four years ago. He did not bid this year because of the low volume of use in the Activities Center. If this amendment goes through it will be taking dollars out of his pocket. They are trying to exclude smaller groups from catering. He catered about 25 groups there last year, one of which was an elegant dinner for Christmas Magic at $13 . 95 a person. Others have been $4. 95 to $6. 95 per person. He believes people should have the right to select the caterer they want to have. The reason he left the Activities Center was his concern for the decrease in volume of clubs, etc. , that meet at the Activities Center. He did not have exclusive catering services at the Activities Center. He believes the more the merrier. The object is to meet the needs of all the citizens. Councilman Hirschi stated that new hotels are already complaining about the competition of meeting facilities. Miss Houseworth noted that private caterers pay a room rental. Groups who do not meet there regularly are charged a fifteen percent surcharge. Councilman Thompson stated that he sees several problems with this. If Cantu increases his price he will lose more business. Mr. Torrance stated that he has to pay his utilities. Cantu doesn' t. Miss Houseworth noted that Cantu and Torrance were the only bidders. Burl Kirkland, 1212 Broad, stated that we need the Activities Center real bad. The World of Wheels and Gun and Knife Show come to Wichita Falls. Many of these are food booths. Rental of the room for Taste of the Town was $1 , 200. There are a lot of things involved when you start to make a change. Mr. Cantu seems to be trying to improve his situation, but you are taking free enterprise away from other people by giving him this right He feels the price of meals should not be included. Let him charge whatever he feels the market will allow. He is not sure that they cannot rent the rooms unless they provide food. If anyone wants to book a room down there they could be given a list of caterers. The City would charge for rent of the room. He believes there is more to consider than giving him a turnkey deal. He mentioned hotel/motel funds going into the Activities Center. Councilman Hirschi noted that he could see problems of losing both Cantu, as well as the other caterers. He believes the Activities Center personnel, who are paid very well, 758 Item 11a (Cont) should be responsible as to what goes out the back door. He does not have the information he would like to have on the percentage of revenue from private caterers, and what percentage comes from Cantu. Miss Houseworth stated that only luncheon clubs that meet there regularly do not pay a room fee. The motion for passage of the proposed resolution failed by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, and Thompson Nays: Councilmen Hirschi, Allred, Buffum, and Kirkham The Council agreed for the staff to go out for proposals again. Moved by Councilman Hirschi that Item lOg be moved to the top of the agenda. Motion seconded by Councilman Thomas, and carried unanimously. Item 10g Ordinance No. 13-88 ORDINANCE GRANTING A WAIVER TO ORDINANCE NO. 63-85 SECTION 5-15 TO ALLOW AN ADULT MALE ROOSTER TO BE KEPT AT 3130 JACQUELINE ROAD BY LINDA SKILES Moved by Councilman Thomas, for discussion, that Ordinance No. 13-88 be passed. Motion seconded by Councilman Hirschi. Councilman Thomas asked about the complaint, and Tom Edmondson stated that they received an anonymous telephone call stating that there was a rooster on that property. Mrs. Skiles stated they just want to keep Sugar Ray. Councilman Kirkham stated that he cannot vote for it because of all the other people who want the same thing. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, and Buffum Nays: Councilmen Allred and Kirkham The City Council recessed at 8: 30 P.M. The meeting resumed at 9: 05 P.M. Item 7a Resolution No. 29-88 RESOLUTION TO APPROVE CHANGE ORDER 1 AND ACCEPT THE PROJECT FOR REPLACEMENT OF LIFT STATION #2 AND #5 Moved by Councilman Hirschi that Resolution No. 29-88 be passed. 759 i Item 7a (Cont) Motion seconded by Councilman Thompson. i Jerry Gross answered Councilman Hirschi ' s questions concerning the values. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 8b Moved by Councilman Hirschi that minutes of the meeting of the Traffic Safety Council held December 2, 1987, be received. Motion seconded by Councilman Kirkham. Councilman Hirschi mentioned lack of a Dallas sign on the expressway. Charles Harper, Mayor, noted that there is a Dallas sign on the Henrietta Highway. Councilman Hirschi also noted that in coming from the airport, it is not well identified in getting on the freeway from the service road. It was noted that the City does not have any control over these signs. The motion was carried unanimously. Item 8d Moved by Councilman Buffum that minutes of the meeting of the Planning and Zoning Commission held January 13 , 1988 , be received. Motion seconded by Councilman Thompson. Councilman Thompson expressed his opposition to location of a pre-parole inmate center in the downtown area for practical reasons. He assumed that housing for 80-85 male parolees would include trying t find employment for them. We have a lot of people in Wichita Falls who have never committed a crime who need jobs. It would seem that it would be better to have this penal institution located in an industrial district, rather than on Scott Street. We say we are trying to redevelop the downtown area. How can we do this and put a penal institution in the downtown area? Even today there are people who work in office buildings downtown where people come in and snatch purses, etc. He does not see that there is any way we will be able to convince people to locate downtown. He would hope that when this comes up before the Council that the citizens of Wichita Falls would come down and voice their opinions. The motion to receive the minutes was carried unanimously. Item 8g Moved by Councilman Allred that minutes of the meeting of the Park Board held January 28, 1988 , be received. Motion seconded by Councilman Buffum. 760 Item 8g (Cont) Councilman Hirschi stated that he had not heard of a use of a surrey. Mr. Berzina was not familiar with it, either. The motion was carried unanimously. Item 9a A public hearing was opened on annexation of Crestview Memorial Park ( 181 plus acres) . Hugh Dunagan, Sales Manager at Crestview, appeared for Ray Ashbrook, requesting that they be annexed. They want to obtain water and sewer services, and request that the property be zoned for a use-related structure to be located on the grounds of Crestview. The City will receive additional property tax and sales tax. They plan to spend $1,800 , 000 in the next two years. Charles Harper, Mayor, asked about paving and curb and gutter of Rathgeber Road? Roger McKinney stated that they have obtained costs from various departments. An annual maintenance cost of $500 was expected for streets, roads, and drainage ditches in the area. The City will have no maintenance responsibility on private roads in Crestview Memorial Park. Installation of additional water lines will be a function of the developer. The City will assume responsibility for the maintenance. The developer would be responsible for an eight-inch line. If the City elects to go for a larger line, then the City would be responsible for the oversize line. Mr. Gross stated that we will want to go with a twelve-inch line. The public hearing was closed. Item 10a Ordinance No. 14-88 AN ORDINANCE REZONING LOTS 7-12, BLOCK 50, SOUTHLAND ADDITION, WICHITA FALLS, TEXAS, FROM LIMITED COMMERCIAL TO A SINGLE-FAMILY RESIDENTIAL, STANDARD LOT ZONE Moved by Councilman Thompson that Ordinance Number 14-88 be passed. Motion seconded by Councilman Hirschi, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 10b Ordinance No. 15-88 AN ORDINANCE REZONING 25. 97 ACRES OUT OF BLOCKS 6 & 11 , J.A. KEMP SURVEY, WICHITA FALLS, TEXAS, FROM SINGLE-FAMILY RESIDENTIAL, STANDARD LOT TO A HEAVY COMMERCIAL ZONE 761 Cont 10b I Item (Cont) Moved by Councilman Buffum that Ordinance Number 15-88 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 10c Ordinance No. 16-88 AN ORDINANCE REZONING LOT 1, BLOCK L, FLAVIS & LORENE GREER SUBDIVISION AND APPROXIMATELY 14 . 36 ACRES OUT OF ABSTRACT 324, DAV. (THAT PORTION OF THE SITE SOUTH OF THE ALLEY) WICHITA FALLS, TEXAS, FROM SINGLE FAMILY RESIDENTIAL, STANDARD LOT TO A MULTI FAMILY RESIDENTIAL ZONE Moved by Councilman Thomas that Ordinance Number 16-88 be passed. Motion seconded by Councilman Thompson. Jackie Lebow, Architect, presented plans for the expansion of the nursing home at this location. The Church and some oil property owners also requested rezoning. The convalescent center is tax exempt. Councilman Hirschi asked what constitutes it as a non-profit center? Mr. Lebow stated that it operates under a Church of Christ Foundation. Councilman Thomas noted that the Tax Appraisal District decides that matter. It was noted that it operates under the same basis as Presbyterian Manor. Mr. McKinney stated that conditional use approval was requested and approved by the Planning and Zoning Commission, in the event that it was approved by the Council. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 10d Ordinance No. 17-88 AN ORDINANCE REZONING LOTS 8-11, BLOCK 15, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS, FROM HEAVY • COMMERCIAL TO A RESIDENTIAL MIXED USE ZONE Moved by Councilman Allred that Ordinance Number 17-88 be approved. Motion seconded by Councilman Hirschi, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None 762 Item 10e Ordinance No. 18-88 ORDINANCE REPEALING SECTION 2-10 OF THE CODE OF ORDINANCES (ORDINANCE NO. 3615 ) WHICH ESTABLISHED A CONSERVATION COMMITTEE TO DETERMINE REQUESTS FOR EXEMPTIONS FOR DECORATIVE OUTDOOR GAS LIGHTS Moved by Councilman Thompson that Ordinance Number 18-88 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred and Buffum Nays: None Item 10f Ordinance No. 19-88 AN ORDINANCE AMENDING SECTION 4320A OF THE ZONING ORDINANCE TO LIMIT THE HEIGHT OF FLAGPOLES Moved by Councilman Allred that Ordinance No. 19-88 be passed. Motion seconded by Council Thomas. Scott Madsen, 4514 Tobago, opposed the restriction of the height of flag poles. Councilman Hirschi stated that the only flag poles in question are those being used commercially. None of us in any sense oppose the flying of the American flag, but some oppose commercial use of them. Mr. Madsen stated that he can see the flag at Food Emporium from his home, and he like to see it. Councilman Buffum agreed with his comments. Councilman Thomas asked if there is a legal size for flags, and Mr. Madsen did not know. It was noted that it will not affect any flags already in existence. Councilman Thompson believed we should not vote for the use of the flag to cause problems for others, stating that his rights end when it interferes with someone else. Councilman Kirkham stated that he is opposed to anyone infringing on other people ' s rights if it interferes with them. The question was called by Councilman Buffum, seconded by Councilman Kirkham,and carried unanimously. The motion for passage of the Ordinance was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: Councilman Buffum Item llb Resolution No. 30-88 RESOLUTION CALLING REGULAR CITY ELECTION FOR MAY 7, 1988, AND NAMING ELECTION OFFICIALS AND POLLING PLACES Moved by Councilman Allred that Resolution No. 30-88 be passed. 763 Item 11b (Cont) Motion seconded by Councilman Buffum. Mike Flavin, 4312 Berwick, stated that the County will also be having an election on May 7. He encouraged the Council to work with the County to have all forty-nine city precincts open on that day. Mrs. Thomas explained that the City and School Officials had worked out a system for both those entities to vote at the same places each year. Both the City Council and the School Board had agreed to this. Any change in polling places would require Justice Department approval, and candidates for city office (and school board) can begin filing next week on February 22. Charles Harper, Mayor, expressed that he would prefer that all precincts be used. The motion for passage of the resolution was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None i Item 12a Moved by Councilman Thompson that the bid for 3, 450 tons of rock for surfacing the parking lot at the softball complex be awarded to Jennings Trucking Service in the amount of $22,770. Motion seconded by Councilman Buffum and carried unanimously. Item 12b Resolution No. 31-88 G RESOLUTION TO AWARD BID FOR PROJECT TO REPAIR ELECTRICAL SYSTEMS AT JASPER STREET WATER TREATMENT PLANT Moved by Councilman Allred the Resolution No. 31-88 be passed. Motion seconded by Councilman Thompson. Charles Harper, Mayor, read a letter, stating that he hoped we would insist that the material be delivered within twenty days from placement of the order specified. Mr. Berzina stated that there is no penalty if it isn' t. Charles Harper, Mayor, wondered why we put this in the specifications if it can' t be enforced? Jerry Gross stated that he will not know the highest or low bidder until the material specification is submitted. Factory certification is required. They want to be sure the low bidder does what he says they will do. Councilman Thompson called for the question. It was seconded by Councilman Buffum, 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 Resolution No. 31-88 failed by the following vote. 764 Item 12b (Cont) Ayes: Councilmen Hirschi, Thomas, and Thompson Nays: Charles Harper, Mayor, Councilmen Buffum and Kirkham (Councilman Allred was out of the room. ) Mr. Gross explained that he cannot change this out in a peak season. This is preventive maintenance. He stated that he had a 90-day completion date on this contract. Item 13a Mr. Berzina handed out reports to the City Council on status of the 312 Loan Program and claims and settlements of general liability and workmen' s compensation. He also stated that JoAnn Street will be illuminated. He passed out information on manufacturing in the downtown area. Councilman Thompson complimented the City Manager and his staff on the hiring of the new librarian. Mr. Berzina stated that when we hire a person for any position it is the person who is most qualified for the job, and this is no different. Item 13b The City Council adjourned into executive session at 10 : 45 P.M. , according to Article 6252-17, Section 2 , Paragraphs (e) and (g) , of the Revised Civil Statutes. PASSED AND APPROVED this day of 1 88. arles Harper, May r ATTEST: r ` Wilma J. Thomas, CMC/AAE City Clerk i