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Min 03/01/1988 765 Wichita Falls, Texas Memorial Auditorium Building March 1 , 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 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 be Larry Roberts, Church of Christ in Edgemere. Charles Harper, Mayor, read a poem about good things coming to those who hustle while they wait. He also read proclamations declaring Mental Retardation Week, and Severe Weather Awareness Week. He also presented a plaque to Charlie Byers, an amateur radio emergency spotter. Item 3 Moved by Councilman Thompson that minutes of the meeting held February 16, 1988, be approved. Motion seconded by Councilman Allred, and carried unanimously. Item 4a Personnel Officer Jan Stricklin presented Fire Lieutenant Brian Richardson as Employee of the Month for March. Fire Chief Ronnie James read a commentary on Lieutenant Richardson' s selection. Charles Harper, Mayor, presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4b Vern Huffines, of Mathis, West, and Huffines, addressed various questions and comments from council members on the audit report completed by that firm. City Manager, James Berzina, expressed appreciation, stating that this is a useful management tool, as well as a critique. It was noted that dependency on property taxes has increased thirteen percent over the past two years. Moved by Councilman Buffum that the audit report be received. Motion seconded by Councilman Thomas. 766 Item 4b (Cont. ) Councilman Thompson stated that the management letter and audit will be very helpful to the council members. He commended the City Manager, stating that this audit looks pretty clean. The motion was carried unanimously. Item 4c Lindsey Walker, 1411 Trout Street, appeared as Chief Executive Officer for Wichita Falls Economic Development Corporation. They are a public/private entity trying to generate resources to help District Two. They are working with the people themselves in this endeavor. They have opened an office at 503 Flood Street. Although they are working primarily in District Two, the hope the information gained will be translated to any district in the city. They have received about $3 , 500 from the City. He also requested $50,000 from CDBG funds for staff to do project work, and matching funds from a previous $10,000 grant. Councilman Buffum stated that he would like to see the matching $10 , 000. Mr. Walker stated that they need a computer, and maintenance cost of the building is $600 - $700 per month. They are now generating $500 - $600 per month. Charles Harper, Mayor, requested that Mr. Walker present a cost proposal to the City Manager on what they plan to use the requested $50,000 for. Mr. Berzina stated that he has a project plan for a three to four year period. Councilman Hirschi believes they need some kind of a formal status application process for this type thing. Councilman Thompson agreed. Gary Cardwell, Chairman of the Clean Community Commission, stated that he represents area one. The City is involved in a statewide campaign for a clean community award. They have tried to make some kind of beautification in each of the five voting districts. They now would like to beautify the entire Seymour Highway. He presented plans for this area at a total cost of approximately $30 ,000 , from public/private donations. He requested that the City place water in these medians and traffic circles to keep the trees and shrubs alive. Mr. Berzina noted that we also need grass. Charles Harper, Mayor, agreed. Mr. Berzina stated that he would like to complete the design, and bring back a cost estimate. Mr. Bonnett explained that copper pipe is needed under the highway. He will bring it back at the next meeting. The Council hoped that citizens will put up some money for this, and the City will furnish the watering system. Ronnie Cartwright, Route 3 , Wichita Falls, represented the Wichita County Mounted Patrol, requesting funds from the hotel/motel fund in the amount of $29,500 for an effective lighting system for media coverage. Charles Harper, Mayor, asked about our liabilities on spending money outside the city limits. Mr. Hodge, City Attorney, stated that the hotel/motel statute makes no reference to activities outside the city. It does not say that it has to be in the city limits. If it meets all tests, the fact that it is located outside the city limits would not make any difference. Charles Harper, Mayor, asked if the Mounted Patrol would have any objections to being annexed, and Mr. Cartwright stated that he knew of none. 767 Item 4c (Cont. ) Mr. Berzina stated that there is no money in the hotel/motel tax fund. They have used funds from that account for the softball complex, etc. This is probably something they will have to look at in the budget process. We are short in that fund, and nothing has happened to replenish these funds. Councilman Thomas stated that he believed their group has contributed more to the City than any other group. If a motel were built next to it, they could not now collect any tax because it is outside the city limits. Councilman Buffum sees this as a type of item that should come before the committee for hotel/motel tax. Robert Parker, Traffic Director, noted that he has about twenty flood lights which will be sold at auction. Mr. Cartwright stated that the candle power is not the problem, but the media reproduction of it. Charles Harper, Mayor, requested that Mr. Berzina and Mr. Parker discuss this with Mr. Cartwright, and that Mr. McKinney look at annexation. Glen Jones, 4236 Idlewood, requested a waiver of food permit fee for their church. Mr. Edmondson, of the Health Department, stated that they will manufacture the candy, and sell it to the public. Charles Harper, Mayor, opposed any waiver of this. Mr. Edmondson stated that other churches are licensed as a restaurant. It is a $90. 00 fee. Councilman Buffum was also reluctant to waive this fee. It is simply a way of reimbursing the City for our costs of inspections. Mr. Jones stated that if the fee is to reimburse the City for their costs, he would not want to ask them to waive it. Lonnie Smith, and his wife Freda, appeared as representatives of the Wichita Falls Twelve Step Club, stating that they work with alcoholics and drug addicts. They requested a waiver of $375 for garbage disposal. This is what the City charged at the landfill. Mr. Berzina stated that a private hauler hauled it out there, and there was a disposal fee. Mr. Smith stated that he owes Mr. Dwyer, the hauler, not the City. Councilman Buffum noted that he would like to see what we can do for them because they are operating on a shoe string. Councilman Hirschi stated that he had requested information to the Council on their corporation prior to the council meeting. Councilman Thompson suggested that if Mr. Dwyer has not paid the City, they might work it from that direction. Marion Gwynn, 1609 Red .Fox, appeared regarding a fence on his property which does not meet city requirements. Mr. McKinney stated that the zoning ordinance does not allow any kind of fence in front of the building setback line in single family residential areas. We have several violations of this which are pending. The setback is twenty-five feet back from the property line. The sidewalk is one foot off the property line. Councilman Thomas stated that he hopes Mr. Gwynn understands the problem the City is having with this. Councilman Thompson stated that he can understand the concern of the Post Office, but this man, and others, have gone to a great extent to beautify their property, and this type of fence would not harbor a vicious animal. Every area is different. We should take into consideration individual situations. This fence has brick columns with wrought iron in between. 768 Item 4c (Cont. ) Mr. McKinney explained that the only recourse this man has is to appeal to the Zoning Board of Adjustment. Mr. Hodge explained that there is no provision for appeal to the Council from the Zoning Board of Adjustment. It has to go to legal action. The Council could change the ordinance if they chose to do so. Councilman Hirschi asked if the fence building companies realize the building requirements for fences in the city? Mr. McKinney stated that they sent copies of the ordinance to fence building companies which they found in the yellow pages. Councilman Kirkham stated that he was getting a lot of calls in his area about Code Enforcement enforcing codes in the city. They may need to have reconsideration of this ordinance by the next Council. Mr. McKinney stated that if there is no hardship proved, then the Zoning Board of Adjustment has been reluctant to approve any of them. Chuck Hurt, 500 Fillmore, appeared as a representative of Medlock Southwest Managing Firm, from Lubbock. They are in the process of securing Kings Square Apartments. They will also be purchasing others on the East Side of Wichita Falls. He stated that would like to have the Crime Prevention Unit in the area again the week of March 14, 1988, during spring break. He will be talking to Chief Harrelson -later in the day. Joyce Darnell, 1209 Santa Barbara Drive, requested a waiver of the ordinance to allow her children to keep their chickens. Animal Control has told her she must get rid of them. She was also fined $50 . Tom Edmondson stated that there is a provision for getting a permit for the chickens, but not the rooster. Certain requirements have to be met. He is not familiar with the situation, but will look into it. She has a regular size city lot. She stated that other property owners in the area have chickens and guineas. Item 4d Councilman Thompson requested that we look at the Itinerant Merchants ordinance pertaining to charitable organizations to see that they are not being penalized. He also mentioned an enterprise zone for District 2, stating that the economic development and enterprise zone would help us. Mr. Berzina stated that he would bring back a report. Councilman Kirkham mentioned the $1000 bond required for an itinerant merchant, and asked about some flexibility for charitable organizations on bake sales held at Sikes Senter. Councilman Thomas mentioned the Police Benevolent Fund solicitation application. Chief Harrelson stated that it is not a part of the Police Department, but is made up of members of the Police Department, and they solicit funds for this purpose. It is not the same as the Police Officers Association. Bob Reed, 108 Pembroke, stated that this is a very serious problem for the City. The fee that organizations charge the community that are representing themselves as the Police Association, related associations, etc, is going out of town. Several have absconded with the money. Most of them are calling to sell tickets to a concert or movie. They are 769 Item 4d (Cont. ) going to take retarded children, etc. They are overselling to something that pulls at our heart strings. Our money is going out of town. He can give several facts and figures from some of these companies. These firms are coming to these clubs and promise them a large amount, and sell them on a percentage. These people take out up to ninety-five percent of every dollar raised. Some of these people don' t pay their telephone solicitors. He believes a task force needs to look at this. Councilman Hirschi agreed, but asked how we stop it. Mr Reed stated that we could identify these groups and point out to the citizens that their money is going out of town. He believes that we are looking at a very conservative figure of $300,000 going out of the City. Councilman Thomas stated that his business receives three or four calls each week for funds of this type. City Attorney H. P. Hodge stated that several years ago we did a lot of work on a comprehensive ordinance. The various charitable organizations could not agree on it. Charles Harper, Mayor, feels we need to get a lot of public information out on this. Councilman Buffum agrees that it is a matter of education. The Rotary Club has always turned them down. Councilman Hirschi stated that the people who do this year after year are repeat offenders. Mr. Reed stated that these people control the post office box, and six months later they come back and dun the people for these pledges. Councilmen Hirschi stated that Dr. Flavin noted that in the last city election only fourteen percent of people who are registered voters in the city actually voted. One citizen suggested that free bus service on election day be allowed to anyone who presented a voter registration card to the bus driver. He asked for comments. Charles Harper, Mayor, stated that the Council worked on getting voting boxes increased, and at the next election after that the number of voters decreased, so he has stopped talking about this. This year is the only time this will happen in have a city, school, and state election on the same day. councilman Thomas does not know how this would ever work. In many places we do not have bus service. Councilman Hirschi also mentioned a memo on adult entertainment study. City Attorney H. P. Hodge addressed time to come into compliance stating that careful thought and study should be done. Councilman Hirschi stated that three options were given in the memo. One option was to initiate a study on this. Councilman Thomas stated that they cannot be within 1000 feet of a residence, church, school, etc. There is hardly any place in the city where these requirements can be met. Mr. Hodge noted that he did not have any particular recommendation. Charles Harper, Mayor, requested that the staff come back with three ordinances; one for each option. Roger McKinney stated that he would prefer that the Council initiate a zoning amendment on their desires for addressing this issue. Councilman Hirschi favored a study on concentrated zoning. Councilmen Allred and Buffum agreed with initiating a study. Mr. Berzina mentioned a bid which was brought up at the meeting two weeks ago. Robert Parker addressed this, stating that some accusations were made on his department' s recommendation of the bids. It took six months to prepare bids. This man did not get into the process until after all 770 Item 4d (Cont. ) specifications were prepared. He was given a copy of the agenda item prior to the council meeting, so he could not have misunderstood what the recommended bid award was. It was awarded under the state law, and his bid did not meet all specifications. Councilman Hirschi mentioned a letter from Eddie Hill' s Fun Cycle. Mr. Parker stated that what this man said did not happen. Councilman Thomas feels the man was misquoted by some of our people or someone. We should not hold this against the company. Mr. Berzina agreed that we do not hold anything against the person or company. Charles Harper, Mayor, noted that he does not always agree that a city employee says what someone tells him they said. He believes this is just a way to give credence to what someone has to say. The City Council recessed at 10: 56 A.M. , ana rt--,.,onvened at 11 : 15 A.M. Charles Harper, Mayor, announced that he will not seek re-election to the office of Mayor. He offered time to any candidate to talk about what it means to be mayor of the City of Wichita Falls. Councilman Kirkham also announced that he does not seek re-election to District 5, or any other office. Councilman Allred again stated that she will not Ae running for District 3 . She believes a position on the Council is a supreme voluntary commitment. Councilman Buffum stated that if the congressional race does not offer what he hopes it will be, he will continue to seek to serve the City of Wichita Falls in some capacity, perhaps as Mayor. Councilman Thompson thanked these members for giving so much to him. He is sad to see them leave. Items 5a - 8c Item 5d was removed from the agenda. Item 8c was moved to the regular agenda. Moved by Councilman Thompson that the consent agenda be approved. Motion seconded by Councilman Buffum, and carried unanimously. Moved by Councilman Buffum that Item 10b be moved to the top of the agenda. Motion seconded by Councilman Hirschi, and carried unanimously. Item 10b Discussion was held on a proposed resolution protesting the proposed closing of the Wichita Falls Post Office on Wednesday mornings. A motion was made by Councilman Thompson, and seconded by Counci-L,«an Kirkham, for its passage. 771 Item 10b (Cont. ) Bob Reed, Postmaster, noted that the Post Office Department was founded by the United States and also funded by subsidies. In 1970, Congress recognized needs that something must be done for the postal service system. In 1971, they decided to set it apart, and charged it to develop into a break-even organization. They set out on a three year cycle to maintain a break-even basis. Every aspect has to stand alone. In 1987, it was agreed that the post office should be privitized. It was not the postal service that said we are going to cut services. They were told it had to come out of operation. They were told that blind people should have free mail if it is braille or recordings. It is a subsidy from the Congress. Some postage rates are subsidized by fifty percent. Mr. Reed stated that if there is a resolution, he would like to be a part of it. He would like to be on the Council' s agenda mailing list. Of all complaints that have been made about closing, there have been less than ten in writing within the whole city. He mentioned that the telephone company is closed every day. The doors are locked. He does not have any choice in closing some of these locations, but he does have some leeway in days and hours. He would like to work with the Council on this. He would like to be included in the preparation of the resolution Councilman Buffum stated that this was in no way to be critical of Mr. Reed and the Postal Service. It was a way of getting to the next highest level of service. He would like to have Mr. Reed involved in this. Councilman Thomas felt uncomfortable about passing a resolution. Moved by Councilman Buffum that Mr. Reed be . included in consulting with staff in the preparation of this resolution. Motion seconded by Councilman Hirschi. Councilman Thompson stated that was not being critical of the post office, but consideration of the little man who needs to obtain food stamps or mail a parcel. This was not in criticism of any decision which he had made. The point of view of the average citizen carries some weight in writing to their congressmen. Mr. Reed hoped that the resolution would be directed at the entity that could make a difference. He mentioned that third paragraph, and noted that no mail leaves here on Sunday. Councilmen Hirschi and Buffum agreed that we want to make sure we have the greatest impact. Charles Harper, Mayor, requested that Mr. Hodge, Councilman Thompson, and Mr. Reed work on this resolution. City Attorney H. P. Hodge stated that he feels badly that Mr. Reed was not furnished a copy of this resolution, and apologized for the oversight. Mr. Berzina asked if congressional mailings are not heavily subsidized by the post office? Mr. Reed stated that his is paid for by Congress; not through the postal service. Councilman Kirkham thanked Mr. Reed for the service given by him and his staff. The motion to rewrite the resolution was carried by the following vote. 772 Item 10b (Cont. ) Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thompson, Allred, Buffum, and Kirkham Nays: Councilman Thomas Item 5a Ordinance No. 20-88 ORDINANCE WAIVING SECTION 22-1 (a) ( 9) OF THE CODE OF ORDINANCES TO ALLOW THE POSTING OF ADVERTISING DEVICES AT THE WEEKS AND HAMILTON TENNIS CENTERS FOR THE TEXAS JUNIOR SUPER SECTIONAL TOURNAMENT ON JUNE 4-11 , 1988 Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 5b Ordinance No. 21-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBERS AS ATTACHED Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 5c Ordinance No. 22-88 ORDINANCE WAIVING SECTION 9(B) ( 2) (a) OF THE COMPREHENSIVE SUBDIVISION ORDINANCE WITH RESPECT TO THE REPLAT OF LOT 7-A, BLOCK 62, WESTMORELAND PARK Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Kirkham, Allred, and Buffum Nays: None Item 6a Resolution No. 32-88 RESOLUTION AUTHORIZING THE CITY MANAGER, MAYOR, AND FIRE CHIEF TO EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE CITY OF WICHTIA FALLS FIRE DEPARTMENT AND THE SECRETARY OF THE AIR FORCE Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None Item 7a Resolution No. 33-88 RESOLUTION TO ACCEPT 1987 BUDGET UTILITY IMPROVEMENT PROJECT-SANITARY SEWER AND AUTHORIZE FINAL PAYMENT 773 Item 7a (Cont. ) Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None Item 7b Resolution No. 34-88 RESOLUTION TO ACCEPT 1987 BUDGET UTILITY IMPROVEMENTS PROJECT - WATER AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None Item 8a Minutes of the meeting of the Handicapped Task Force held February 9, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None Item 8b Minutes of the meeting of the Board of Electrical Examiners held February 11, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None Item 8c Moved by Councilman Thompson that minutes of the meeting of the Human Relations Commission held January 26, 1988, be received. Motion seconded by Councilman Kirkham. Councilman Hirschi asked about the EEOC grant to the Commission. Mr. Berzina explained that is something we get on a per case basis. This money pays for the operation of the Commission. (Charles Harper, Mayor, left at 11: 55 A.M. ) Councilman Thompson stated that it is very important for the City to hire a private investigator. They are behind on their case load. If this is not done, this money might be in jeopardy. The motion was carried unanimously. Item 9a Ordinance No. 23-88 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ALLOW COMMUNITY RESIDENTIAL CENTERS FOR PRE-PAROLEE INMATES AS A CONDITIONAL USE IN A GENERAL COMMERCIAL, HEAVY COMMERCIAL, AND CENTRAL BUSINESS DISTRICT ZONES, AND PROVIDING FOR A DEFINITION 774 Item 9a (Cont. ) Moved by Councilman Hirschi that Ordinance No. 23-88 be passed. Motion seconded by Councilman Kirkham. Councilman Thompson expressed opposition to this, stating that jobs are not available. The community is not in a position to absorb these parolees. He feels what is bad for one district is bad for all districts. He is simply opposed to the fact that we are being requested to take people into an area where we are not in a position to care for them. He does not know how we can build up the downtown area if this is allowed. Susan Campbell, 1916 Ardath, represented the Midtown organization, stating that they do not support the amendment as presented to them. It would be better to allow them as a conditional use in all three zones so the community would always have an opportunity for input. An amendment was moved by Councilman Hirschi that the ordinance be changed to read conditional use in all zones mentioned in the ordinance. Motion seconded by Councilman Thompson. Louis Esquibel, 1317 North 6th, stated that he picks up a lot of information on pre-release programs in other cities in the South, and most of them have had a bad effect in those places. The County is setting up a juvenille detention center. Councilman Thomas stated this is not a city function. He does not believe there will be any expansion in the downtown area if this occurs. The reason the Council ever considered this program was that contractors could bring in some business who could use this type employment. Public hearings would have to be held in all of these areas. Some rights have to be given if they want to locate these facilities here. It would also give the citizens their rights to express their opinions. Mr. Esquibel stated that we have ample unemployed people already in the city. Mr. McKinney commented that he has no problem with amending this ordinance to make it a conditional use. The Legal Department also did not have a problem with it. Persons within 200 feet will be notified. If twenty percent or more people do not want it, an affirmative vote of six council members will be required for passage. Other people outside the 200 feet can also have input. If approved by Planning and Zoning, it could be appealed to the Council Jeanie Thompson, Assistant City Attorney, stated that the reason the TIF Board considered this at all was that Pricor came to them and asked for their endorsement at a specific location. They did not feel a facility at that location would be conducive to the TIF plan. (Charles Harper, Mayor, returned at this time. ) The amendment on conditional use was carried unanimously. Ordinance Number 23-88, as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None 775 Item 9b Ordinance No. 24-88 ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND FOR THE RESURFACING OF THE WEEKS PARK AND HAMILTON PARK TENNIS COURTS Moved by Councilman Buffum that Ordinance No. 24-88 be passed. Motion seconded by Councilman Thomas. Councilman Hirschi stated that he had received some input that this resurfacing would be a very temporary measure, and not a prudent use of the money at this time. He would hate to throw away $42 ,000, and come back within six months and build the court altogether. He wondered if the tennis community would accept not resurfacing now, and build it later? Mr. Berzina thought that the real crisis was the tennis tournament coming up in June. Rebuilding is a one quarter million dollar job. Resurfacing is compatible with the tennis association, and they have expressed a desire to put on a good show. Councilman Hirschi mentioned private dollars being involved in this. Gladys Barley, of the local tennis association, stated that they will be able to bid on the 1989 tournament on April 1. They need all the courts in town. They would like them to be cosmetically pleasing. Mr. Berzina noted that the condition of the courts could have an effect on getting the tournament again. Mr. Bonnett addressed the Weeks Park Tennis Center in respect to the Holliday Creek project, stating that the Corps of Engineers is needing a decision. They are coming in this afternoon, and are asking for a decision on the bridge across Holliday Creek in the area of the tennis facility, as well as use of the golf course during construction. Two bridges were discussed. A roadway could be constructed for $154,000, for the tennis facility, but would not provide for access to the two holes on the golf course. He recommended design of the two bridges for vehicular and pedestrian traffic. The current estimate of the Corps is $217, 000. It is only eligible for credit if it is replacing existing access of the facilities. Mr. Berzina pointed out that if we are going to close down Weeks Park Tennis Center it would be foolhardy to go into this reconstruction. Mr. Murphy stated that it costs about $25,000 to reconstruct a tennis court. There are six new courts at Hamilton. Councilman Thomas agreed that we need to resurface these tennis courts for this tournament. Mr Berzina noted that these people need a good image this year if we are to get the tournament here again. Councilman Thomas called for the question. It was 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, Kirkham, and Buffum Nays: None Mr. Murphy requested additional funds for umpire, chairs, etc. He was asked to bring it back at the next meeting. 776 Item 10a Resolution No. 35-88 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR CATERING SERVICES AT THE WICHITA FALLS ACTIVITIES CENTER Moved by Councilman Thompson that Resolution No. 35-88 be passed. Motion seconded by Councilman Hirschi. Stanley Hill, 2703 Avenue U, stated that it surprised him that they are adding a twenty-five percent room cost for an outside caterer. Charles Harper, Mayor, mentioned service clubs that need to have some place where they can meet and know they will have a meal when they get there. He also noted that rather than the twenty-five times that Mr. Hill previously stated that he had catered at the Activities Center last year, it was two times. Mr. Hill stated that he couldn' t tell him how many times it was. Louise Houseworth noted that rates for the Activities Center have been set by the Activities Center Manager. We don' t collect a percentage from any of the outside caterers. This is a way of compensating us if they use an outside caterer. Seventy-five percent used Cantu last year, twenty percent were pot luck, and five percent used outside caterers, of the 754 events held there. Forty events were catered by an outside caterer. Miss Houseworth stated that it appeared to be a lot more complicated if they put the percentage on the outside caterers, as opposed to an additional room rate increase. Councilman Hirschi asked about the difference in setting other fees and the Activities Center room fees. Mr. Berzina explained that it gives discretion in the types of equipment and activities to be held in the building. Councilman Hirschi feels we need to look seriously at our policy in trying to be all things to all people in some of our activities. Miss Houseworth stated that we need to keep the building open even to clean, plus to set up and take down different events. Purchase of a coffee pot is an option to serve small groups. Councilman Thomas noted that the Activities Center is a function of the City. The question was called by Councilman Kirkham, seconded by Councilman Thomas, and carried unanimously. The motion for passage of Resolution No. 35-88 was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None The Council felt that staff should set the rates. They did not oppose the twenty-five percent room rate increase. The City Council recessed at 1: 05 P.M. The meeting reconvened at 2: 05 P.M. Charles Harper, Mayor, read an invitation from Sheriff Tom Callahan for open house at the jail from 2 : 00 - 4: 00 P.M. , March 4, 1988. He also noted that the Texas growth map (Kiplinger Reports) projected the population of Wichita Falls 777 Item 10a (Cont. ) at 186,000 by the year 2010. He also requested that the City Manager and City Attorney prepare an ordinance to require that all outdoor advertising in the city be removed within ten years, according to state law. Item 10c Resolution No. 36-88 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN EASEMENT ON CITY OWNED LAND AT LAKE KICKAPOO TO COMMUNITY TELEPHONE COMPANY, INC. Moved by Councilman Kirkham that Resolution No. 36-88 be passed. Motion seconded by Councilman Hirschi. City Attorney H. P. Hodge explained that he would also like the Council to consider the resolution he handed out this morning pertaining to Lake Arrowhead. Mr. Hodge explained that we cannot find the easement which was executed to Community Telephone, neither can they find it. We know it was authorized by the Council because of the resolution which was adopted. At Lake Arrowhead we have the easement. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None Tim Humpert, P.O. Box 130, Windthorst, stated that no other telephone company serves this area at Lake Kickapoo. Southwestern Bell serves a portion of Lake Arrowhead. The Public Utilities Commission assigns these areas of service. Resolution No. 37-88 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AMENDMENT TO EASEMENT ON CITY OWNED LAND AT LAKE ARROWHEAD TO COMMUNITY TELEPHONE, INC. Moved by Councilman Allred that Resolution No. 37-88 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None Item lla Resolution No. 38-88 RESOLUTION TO AWARD BIDS FOR PROJECT TO REPAIR ELECTRICAL SYSTEMS AT JASPER STREET WATER TREATMENT PLANT Charles Harper, Mayor, stated that he had discussed this with various persons, and the concerns he previously had have been more than adequately satisfied. 778 Item lla Moved by Councilman Thompson that Resolution No. 38-88 be passed. Motion seconded by Councilman Hirschi, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilman Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None Item llb i Moved by Councilman Thomas that the bid for unleaded gasoline be awarded to Grozier-Mann Oil Company in the amount of $365 , 987. 50 , and to Chester Wood Oil Company in the amount of $189 ,720, for diesel fuel. Motion seconded by Councilman Hirschi. Robert Parker explained that we have to pay the federal tax, but we get it back at the end of the year. The motion was carried unanimously. Item llc Moved by Councilman Thompson that the bid for oil and grease lubrication requirements be awarded to Grozier-Mann Oil Company in the amount of $32,207 . 82 . Motion seconded by Councilman Thomas, and carried unanimously. Item 12a Moved by Councilman Thomas that authority be granted to advertise for bids for the purchase of open channel flow meters in manholes. Motion seconded by Councilman Buffum, and carried unanimously. Item 13a Resolution No. 39-88 RESOLUTION TO APPROVE CHANGE ORDER 1 FOR CYPRESS STREET WATER TREATMENT PLANT 1987 RENOVATION PROJECT Moved bye Councilman Thomas that Resolution No. 39-88 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Kirkham, and Buffum Nays: None 779 Item 13b Resolution No. 40-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDER NO. 2 FOR THE CONCESSION AND SCORER' S BUILDING AT THE SOFTBALL COMPLEX Moved by Councilman Thomas, for discussion, that Resolution No. 40-88 be passed. Motion seconded by Councilman Allred. Councilman Thomas asked how we can design a building for this when we don' t know who the operator will be, or his needs? Mr. Berzina does not intend for the City to operate this concession. He is concerned that it may be a limiting factor to bid on if we don' t own the equipment, and we lose the concession operator. He would rather pay for it going in so that you have greater flexibility on who the operator is. Councilman Thomas suggested a contract with a notional termination depreciation allowance. Councilman Hirschi stated that it is unusual for the landlord to furnish this type of equipment. He would prefer a one-year contract. Councilman Allred noted that they sought advice, and operators stated unanimously that they would rather provide their own equipment. Mr. Berzina feels that we may pay for this equipment several times over if it is not put in the building. Councilman Kirkham stated that windows were not specified because of the open areas. Mr. Bonnett stated that it is air conditioned. The City would pay all utilities. The motion was carried by the following vote. Ayes: Councilmen Thompson, Allred, Buffum, and Kirkham Nays: Charles Harper, Mayor, Councilmen Hirschi, and Thomas Item 14a Mr. Berzina asked Mr. Bonnett about the water retention ordinance. He also noted that Enterprise Street has been lighted. He also noted that no bids were received on Fire Units 623 , and 616. Unit 623 will be transferred to the fire museum. Unit 616 will go to Arrowhead Ranch Estates for $500. Mr. Berzina noted that lighting at the falls should be done fairly soon. Mr. Bonnett explained that electrical boxes will be replaced with fiberglass units. Discussion continued on the bridges at Weeks Park. Mr. Bonnett discussed costs on each. Councilman Hirschi noted that Weeks Park Tennis Center was recently closed and locked around 10 : 00 or 11: 00 A.M. There was no usage at all. Mr. Bonnett recommended building both bridges, and the Council agreed on both. Councilman Kirkham stated that he would like to get something moving on the bond for Itinerant Merchants permit. Mr. Berzina stated that we are dealing in an area where we have some unhappy people. We might want to look at the whole category of permits. At one point there was a good reason to have these requirements. Charles Harper, Mayor, asked that signs be installed at the city limits informing people of the Itinerant Merchant permit requirement. 780 Item 14a (Cont. ) Councilman Hirschi mentioned the City' s liability on golf balls. Mr. Berzina stated that it is the golfing going on at Hamilton Park. Golfers are hitting balls over the kids playing soccer. Councilman Kirkham stated that LaVista denies any liability of balls going on Loop Eleven. The Council was pleased with the look of the newly painted water tower on Highway 287 . Pioneer Restaurant wants to exercise their option on their restaurant on Holliday Street. Mr. Berzina passed out proposed amendments on charter changes. At the next meeting we will have the legal work for calling the election. Mr. Hodge stated that he did not think the charter called the City Council by name individually. It was noted that if it is needed he can put it in. If not, they can just start calling themselves Councilors. Items 14b, c The City Council recessed into executive session at 3: 30 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 4 : 55 P.M. Moved by Councilman Thomas that Carol Wagner be appointed to the Hospital Board for a two-year term from April 1 , 1988 to April 1, 1990, and that Jane McKee (public educator) and J. David Martin ( licensed irrigator) be appointed to the Water Resources Task Force. Motion seconded by Councilman Thompson, and carried unanimously. (Councilman Buffum was not present. ) The City Council adjourned at 5: 00 P.M. PASSED AND APPROVED this the `Jf day of ld fc: 1988 . /L Charles Harper, Mayor ATTEST: /1 � yWilma J. Th mas, CMC/AAE City Clerk