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Min 05/03/1988 846 Wichita Falls, Texas Memorial Auditorium Building May 3, 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 AJM. , with the following members present. Charles Harper Mayor John Hirschi - Charles Thomas - Angus Thompson - Councilmen Ruth Ann Allred - Ron Buffum - Don Kirkham - Jim Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Ray Hennigh, University United Methodist Church. Charles Harper, Mayor, read two poems. Item 3 Councilman Hirschi clarified Item 7e of the minutes of April 19, 1988, to note it is legal to spend these particular funds from the hotel/motel fund for this purpose. Councilman Buffum also pointed out that Item 8e of the minutes should note that the staff recommended adding a clause that would permit the City to receive a portion of funds from the sale of this property. Moved by Councilman Thompson that minutes of the meeting held April 19, 1988, be approved with changes noted. Motion seconded by Councilman Buffum, and carried unanimously. Charles Harper, Mayor, read a proclamation designating Prof. Ed.°lards Day on Friday, May 6, 1988, with the week of Mav 2-6 also being observed. Georgiana Rainwater, who teaches dance for Parks and Recreation Department, was presented a commendation of merit for dance instruction in Wichita Falls. Miss Petcoff was also presented a commendation for twirling instruction. Item 4a Eda Gowdy, Health Department, was honored as Employee of the month for May. Charles Harper, Mayor, and Councilman Allred presented her with a plaque, a city pin, and two tickets each to a theatre and dinner. Item 4b Chairman of the Task Force presented recommendations of the Task Force on Handicapped. They recommend formation of a Mayor' s Committee for Disabled Persons to address the needs of the disabled. He noted 847 i Item 4b (Cont'd) that 146 different services are available to the community. Forty- three city agencies responded. Councilman Buffum noted that there is very little overlapping in these agencies. It was requested that this matter be brought back to the Council in June. Items 5a-8d Item 8a was moved to the regular agenda. Moved by Councilman Buffum that the consent agenda be approved. Motion seconded by Councilman Allred. Item 5a Ordinance 55-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 1440-293-0000 Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 5b Ordinance No. 56-88 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A 10 FOOT WIDE UTILITY EASEMENT IN LOT 1 , BLOCK 1, FLAVIS & LORENE GREER SUBDIVISION, WICHITA FALLS, TEXAS Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 5c Ordinance No. 57-88 ORDINANCE WAIVING SECTIONS 22-1(a) (2) , 22-1(a)(8) , 22-1(a) (9) , 22-1(a) (10) , AND 22-4(a) OF THE CODE OF ORDINANCES TO ALLOW VEHICLES ON THE PARK, TO PERMIT SALES, TO PERMIT POSTING OF SIGNS, TO ALLOW HORSES OR OTHER ANIMALS ON THE PARK, AND TO PERMIT THE POSSESSION AND CONSUMPTION OF ALCOHOL IN LUCY PARK ON JUNE 16-19, 1988, FOR THE FALLSFEST EVENT Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6a The bid for a 300 gallon trailer mounted sprayer for the Street Department was awarded to Goldthwaites of Texas, Inc. , in the amount of $5,180. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 848 6 Item b e The bid for annual requirements of ready-mix concrete and sand was awarded to City Concrete (ready-mix) in the amount of $174,040, and to E and A Materials (sand) in the amount of $1,950. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7a Resolution No. 87-88 RESOLUTION TO ACCEPT PHASE B - EXTERIOR UTILITIES (PLUMBING) AT THE SOFTBALL COMPLEX AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7b Resolution No. 88-88 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT PHASE G - HANDRAILING CONTRACT AT THE CITY SOFTBALL COMPLEX Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 8b Minutes of the meeting of the Kemp Public Library Advisory Board held March 30, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 8c Minutes of the meeting of the Planning and Zoning Commission held April 13, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 8d Minutes of the meeting of the Commission on Aging held April 6, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 849 Item 8a Moved by Councilman Hirschi that minutes of the meeting of the Human Relations Commission held March 28, 1988, be received. Motion seconded by Councilman Thompson. Councilman Buffum asked about the absenteeism shown in various areas, such as the Police Department and City Council ? He also stated that since the Council has not given direction to the Human Relations Commission to be involved in Affirmative Action, he requested that the City Manager elaborate on this statement regarding Affirmative Action. Mr. Berzina stated that the Charter is very clear that no one except the City Manager can involve themselves in the hiring process of the City, and he intends to follow this procedure. He may ask some people to review the plan, but he will administratively adopt this plan. Councilman Buffum expressed support of the City Manager in his position. Councilman Thompson stated that perhaps there was a conflict of interest in meetings at this particular time he was absent. He also stated that he believes the Human Relations Commission is concerned about people having a chance to hold jobs. He feels they would have a prerogative to discuss job opportunity concerns . He feels the Human Relations Commission should have some concerns about the Affirmative Action program. He feels a concern and report is proper. The motion carried unanimously. Item 9a Ordinance No. 58-88 ORDINANCE WAIVING SECTION 16-16 OF THE CODE OF ORDINANCES, WHICH REQUIRES PERMIT FEES FOR FOOD ESTABLISHMENTS, FOR THE FOOD BOOTHS AT FALLS FEST ON JUNE 17-19, 1988, IN LUCY PARK Moved by Councilman Thomas that Ordinance No. 58-88 be passed. Motion seconded by Councilman Allred. Councilman Hirschi asked if the City makes these inspections, even though the fee is waived? Mr. Edmondson explained that they do, stating that they spent $190 in salaries last year, even though no fee was collected. Councilman Kirkham stated that he seems to remember discussing waiving these fees last year to get it off the ground. Councilman Allred noted that this was the City' s first attempt at co-sponsoring. She felt they would be charging themselves in the co-sponsorship of this event. Councilman Kirkham wondered why we would have to waive anything even if we are co-sponsoring it. He could see no need for this ordinance. Councilman Buffum asked about the City' s cost. Mr. Berzina stated that the staff does not have authority to waive fees. The City' s costs in co-sponsorship are significant, but they R. feel we want this event here. Pam Harvey stated that over the past two years $50,000 has been distributed. Part of these food booths are non-profit organizations trying to make a little money for their organizations. The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, and Buffum Nays: Councilman Kirkham 850 i Item 10a Resolution No. 89-88 RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT STEERING COMMITTEE Moved by Councilman Hirschi that Resolution No. 89-88 be passed. Motion seconded by Councilman Thomas. Charles Harper, Mayor, mentioned substitutions which he recommended. Councilman Hirschi stated that it will probably be an all male committee. Large industrial and manufacturing businesses would not be represented. He would like to have at least two industry representatives, as well as assure some female and minority group representations. Charles Harper, Mayor, noted that the Steering Committee membership is made up of various officers in the City. The intent was for this group to put together a larger group in the community, in which minorities and women could be included. Councilman Hirschi would like to have a wide variety of input coming into it. Councilmen Buffum and Kirkham suggested that Section 3 be amended to include an annual economic development conference. Councilman Thompson would like to see Mr. Lindsey Walker' s group become a part of the economic development steering committee. He also wanted women and minorities to be represented on the steering committee. Charles Harper, Mayor, agreed that Mr. Walker' s committee should be in the conference. Moved by Councilman Allred that the Economic Development Steering Committee shall at least annually call an economic development conference composed of a broad spectrum of representation of all citizens and industry to review the economic development of the City of Wichita Falls and surrounding area, and make recommendations to the Steering Committee regarding projects which should be undertaken and funded. Motion seconded by Councilman Buffum, and carried unanimously. The motion for passage of the resolution, as amended, carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 10b Resolution No. 90-88 RESOLUTION APPROVING ORIENTATION HANDBOOK FOR MEMBERS OF THE CITY COUNCIL, BOARDS AND COMMISSIONS, 1988 Moved by Councilman Allred that Resolution No. 90-88 be passed. Motion seconded by Councilman Thompson. Charles Harper, Mayor, commended Mrs. Allred for her work on this handbook. The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 851 Item 10b (Cont'd) Councilman Allred explained that this is one bit of information which was brought back from the TML Conference. The Council believes that the citizens who serve on these boards and commissions perform a vital service to the Council . She thanked Mr. Hodge for putting this together. The Council desired that it be placed into a permanent type pamphlet. Item 10c Resolution No. 91-88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PARCELS #48, #48-A, #49, AND #F-68 FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Moved by Councilman Kirkham that Resolution No. 91-88 be passed. Motion seconded by Councilman Thomas. Councilman Hirschi asked how we are doing with easement acquisition relative to cost estimate? Mr. Berzina stated they are running about twice which was budgeted. Roby Christie, 3309 Cumberland, appeared regarding these easements, stating that they were not able to make a trail along the acqueduct because the easement was provided only for water. He asked that they not close the door on use of these easements for recreational purposes. He wanted to be able to use these trails along Holliday Creek. Councilman Hirschi agreed that if we are serious about having a trail system from Lake Wichita to the Wichita River, we should try to acquire these easements in this way at this time. Mr. Christie stated that a member of the engineering staff is a member of the bicycle club, and would be glad to draw up a site plan for a trail on his own time. Councilman Thomas mentioned bicyclers and skaters on Weeks Park Golf Course, stating that golfers would hate to hit them. Mr. Christie mentioned trails which his group had planned to put along the acqueduct easement. Councilman Thomas mentioned that this was not appropriate because the acqueduct went behind homes, etc. Mr. Berzina stated that since we are paying more for these easements we have not felt comfortable to buy extra easements which may never be used for this purpose. Difficulties come with laying out a trail on someone' s idea which may not be where the trail will be. You will pay more for less easement. Mrs. Chasteen stated that they tell the property owner they are acquiring an easement for drainage and utility, and if they agree, at no extra cost, they will add a paragraph about a hike and bike trail . Some have agreed. Councilman Kirkham suggested that we get back to the agenda item. The trail discussion has nothing to do with buying this property. ®° He called the question. It was seconded by Councilman Hirschi , and carried unanimously. The motion for passage of the resolution carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, and Kirkham Nays: Councilman Buffum 852 Item 10d Resolution No. 92-88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PARCELS #31, #56, #58-R, #62, AND #62-A FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilman Buffum that Resolution No. 92-88 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 10e Resolution No. 93-88 RESOLUTION DETERMINING NECESSITY TO ACQUIRE PROPERTY FOR FILL AREAS FOR PHASE II OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Moved by Councilman Allred that Resolution No. 93-88 be passed. Motion seconded by Councilman Hirschi . Councilman Thomas noted a conflict of interest, and he would not vote. i The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, and Kirkham Nays: Councilman Buffum Item 10f Resolution No. 94-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE SOUTHSIDE GIRLS CLUB, INC. Moved by Councilman Thomas that Resolution No. 94-88 be passed. Motion seconded by Councilman Thompson. Councilman Hirschi clarified the opinion of Mr. Hodge on the length of term of a lease. There is no statute which expressly requires taking a bid on a lease. Councilman Kirkham asked if we have any possibility of squatters rights coming into this? Mr. Hodge did not believe we would. The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 853 Item 10g Resolution No. 95-88 RESOLUTION DESIGNATING WICHITA FALLS COMMUNITY MENTAL HEALTH MENTAL RETARDATION CENTER AS CONTRACTING AGENT FOR THE SUBSTANCE ABUSE TRIAGE PROJECT Moved by Councilman Buffum that Resolution No. 95-88 be passed. Motion seconded by Councilman Allred. Councilman Thomas stated that this looks like a duplication of many services we have in Wichita Falls. Councilman Buffum explained that this is a culmination of the project on the Mayor's War on Drugs. It was the opinion that Wichita Falls be selected as a pilot program, which is called a Triage Concept. It will cost $300,000, which will be funded predominately through state funds. The agencies which are listed are those which are already a part of Wichita Falls. In the resolution we need to have some entity in charge of the program. MHMR would be an ideal choice for monitoring and administering this program. From the indications of Bob Dickson, it will be funded on a year to year basis. If MHMR does accept this role he recommends that we fund MHMR from city funds. Councilman Thomas stated that he is familiar with alcohol programs in our city, and they all started with volunteer programs, and have worked well . MHMR gets many people from outside the city. Mr. Snowden explained where their costs will come from. They try to minimize the problem of people coming out of the state hospital . They have requested that these people come from Wichita County. Councilman Thomas stated that he has never seen anyone who did not want to sober up become sober. It is a waste of tax dollars. He hates to see these people mixed. Councilman Thompson mentioned a situation where a man on drugs tried and could not get any help. Councilman Buffum stated this will give us the vehicle for handling this problem. Mr. Snowden believes this will give us the opportunity to help those who may fall through the cracks. Councilman Hirschi mentioned a 12-step program on the North Side of town. Mr. Snowden did not know much about this operation, except they have a day program. He does not believe they have a residence program. Councilman Hirschi had read something which indicated the 12-step facility was one of the finest in the state. He had no personal knowledge of this, however. It seems that they are not being considered in any way. Councilman Allred did not feel there is a better entity in town than MHMR, to take this responsibility. Mr. Snowden noted that licensing seems to be the key. Councilman Thomas hates to see us weaken a good strong program. Mr. Snowden stated they are not designed to replace volunteers, but there seems to be lacking a place to put those who desire help. Councilman Buffum noted that the state will not hand out $200,000 to a volunteer program, but to a qualified state agency. Councilman Buffum called for the question. It was seconded by Councilman Allred, and carried unanimously. The motion for passage of Resolution No. 95-88, carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None The council recessed at 10:30 A.M. , and reconvened at 10:55 A.M. 854 Item 10h Resolution No. 96-88 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING CONSULTING FIRM FOR A GEOTECHNICAL ENGINEERING STUDY OF THE FOUNDATION OF THE LAKE KICKAP00 DAM Moved by Councilman Hirschi that Resolution No. 96-88 be passed. Motion seconded by Councilman Allred. Mr. Bonnett explained the purpose of this study. There is a possibility of some day having to drain this lake to repair it. The action they will take depends on the severity of the problem. They are concerned if there is a foundation problem. The motion carried unanimously. Item l0i Resolution No. 97-88 A RESOLUTION ADOPTING THE THOROUGHFARE PLAN AS AN ELEMENT OF THE COMPREHENSIVE PLAN Moved by Councilman Thomas that Resolution No. 97-88 be passed. Motion seconded by Councilman Buffum. Councilman Thompson stated that he wishes he had had this information earlier, and also that the public knew more about it. Charles Harper, Mayor, noted there is a public hearing every year on this. Councilman Buffum stated that Planning and Zoning had a public hearing at the last meeting. Mr. McKinney explained that this is an update of the thoroughfare plan which has been in existence for several years. He mentioned representatives of several organizations, and a public hearing who have had input in this. A lengthy discussion continued between Council and staff, with Councilman Thompson expressing that he feels this is in contradiction with what TIF is trying to do. Mr. McKinney stated this is a long term plan, and was coordinated with the TIF Zone. Charles Harper, Mayor, noted this plan goes back twenty years. Councilman Allred stated that she believes this is an example of one city council person reading the same information and getting a different opinion. This is the first time they have had a color coded map. There was nothing on this map which was a surprise to her. She has seen this throughout the year. Councilman Kirkham stated this is one way the city has to grow. If we get this plan it may cause people to consider other parts of the city to grow. If something is not done soon we will have to completely rebuild Loop 11. The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Allred, Buffum, and Kirkham Nays: Councilman Thompson Item 10j Resolution No. 98-88 RESOLUTION APPROVING REFUND OF PROPERTY TAXES PAID IN ERROR ON TAX ACCOUNT #5900-000-5050 Moved by Councilman Allred that Resolution No. 98-88 be passed. 855 Item 10j (Cont'd) Motion seconded by Councilman Hirschi , and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 10k This item was pulled from the agenda for further clarification with Howmet. Item 101 Discussion was held on granting a certificate of public convenience and necessity to Neil Everett Shaw for operation of a taxicab service. A motion was made by Councilman Hirschi , and seconded by Councilman Thompson, for passage of the resolution. Neil Shaw, 4334 Hughes, mentioned a financial breakdown of their situation, stating they want the money to stay in Wichita Falls, rather than going to Fort Worth or another city. They choose not to take a $50,000 small business loan. Taxicabs will be owner operated with larger vehicles. They use scanners when they need to leave their cars. The majority of his business came from people who call him on his personal phone in the car. Yellow Cab is not giving them much service except dispatch service. In two calendar years he has not had a city license on his car. He would gladly pay the $50.00 for it. Each of them are independent contractors. Councilman Buffum noted that in a letter from Mr. Purtle, he suggested that the Council grant a 90-day delay if another cab company is authorized Scanners were discussed. Claudia Ramirez, Sr. , 2013 Elizabeth, operates three cabs. The percentage will go down if they put more cabs on the street. He estimated 30 cabs operating in the city on weekends. Glynn Purtle, Attorney for Yellow Checker Cab Company, opposed an additional cab company. The present applicant has started a move to cause many of their drivers to cross the line and go with him. That will be fine if it is a stable 24-hour operation, but he does not believe it will be. He highlighted the needed deletion of the use of scanners. Just last week they had two cab drivers go operate with Mr. Ramirez, who are using yellow cabs in that operation. Councilman Hirschi stated that in looking at the figures on cabs in other cities, it is impossible to know whether we have the right number here. Mr. Purtle believes this information shows that each city should look at their own needs. Councilman Thomas asked why they started using individual owner operated cars since the company is big enough to have their own cabs? Mr. Purtle explained that they started it because they eventually wanted to own their own cabs. Charles Harper, Mayor, stated this is the trend all over the country. Various cab regulations were discussed, along with license fees. Alvin Wilson, Assistant Manager, explained that most of their cars have been through city inspection. They will take the forms to Mrs. Thomas' office, and buy the licenses. 856 Item 101 (Cont'd) An amended motion was made by Councilman Thompson to make it subject to current and future ordinances of the City, and become effective August 3, 1988. The motion was seconded by Councilman Hirschi , and carried by the following note. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, and Allred Nays: Councilmen Thomas, Buffum, and Kirkham Councilman Thomas noted that the purpose of the number of cabs is to protect the public, and not another cab company. Another amendment was moved by Councilman Hirschi for ten cabs. Motion seconded by Councilman Thompson, and carried unanimously. Charles Harper, Mayor, asked about the financial statement. Councilman Buffum also stated that he has a difficult time with the lack of financial information. Mr. Hodge stated we should have a statement from the applicant concerning certain things requested in the ordinance. Moved by Councilman Thompson that this matter be tabled until Mr. Shaw presents full information on finances. I Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham i Nays: Councilman Thomas Item lla Moved by Councilman Allred that the bid for pipe repair clamps and tapping saddles be awarded to Bailey Meissner Company, in the amount of $24,637.33. Motion seconded by Councilman Thomas, and carried unanimously. Item llb Moved by Councilman Thompson that the bid for meter boxes and lids be awarded to Marta Company, in the amount of $80,080.70. Motion seconded by Councilman Allred. Councilman Thomas understood that we had a policy to take spot bids, and not warehouse it. Discussion was held with Mr. DeWitt explaining that the standard invoice method is five percent discount if paid within ten days. The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, Buffum, and Kirkham Nays: Councilman Thomas (Vote was against changing policy. ) 857 Item llc Discussion was held on a resolution accepting bid of Loomis Armored, Inc. for armored car service. A motion was made by Councilman Hirschi , and seconded by Councilman Allred, for its passage. Ray Cannedy stated that his bid was exactly the same thing for total operation. Mr. DeWitt explained that the bid specifications on liability stated it would not exceed two million dollars. Mr. Ewers, for Loomis in Oklahoma City, addressed this matter, stating they understood the City would not ship more than two million with them. They have two armored trucks here. (Councilman Thompson left at 12:58. ) Moved by Councilman Kirkham that this matter be tabled. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Allred, Buffum, and Kirkham Nays: Councilman Thomas Item 12a Resolution No. 99-88 RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE RIVER TRAIL CDBG PROJECT Moved by Councilman Thomas that Resolution No. 99-88 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Allred, Buffum, and Kirkham Nays: None (Councilman Thompson was out of the room. ) Item 13a Don Massie, 4400 Ridgemont, and Tommy McCullough, 4314 Ridgemont, discussed a drainage ditch that separates their property. (Councilman Thompson returned to the meeting. ) Mr. Massieshowed a film depicting their problem. Their main concern is saving their property. His garage is pulling loose from his house, and the yard is eroding into the ditch. The Mayor asked Mr. Berzina to come back with a report to the Council . Ron Halcomb, 1525 Cynthia, noted that he would like to have fitness week proclaimed in Wichita Falls in July for the Supreme Court. Dean Tackitt, 4402 Prince Edward, appeared as Vice President of the Senior Golf Association. He discussed RDM with the Council . He is of the opinion that they have not reached an agreement on the green fees and carts. He requested that their contract be terminated. A lengthy, sometimes accusing discussion followed. John Rutledge, 4305 Randel Drive, President of the Men' s Golf Association, stated they are not happy with RDM. He feels that RDM 858 Item 13a (Cont'd) accepted what the Council voted on. The Council noted that they only voted on what was in the ordinance. Mr. Rutledge stated that the golf course is in pretty good shape. Councilman Thomas noted that the complaint he has heard is that they can't pay the green fee until ten minutes before tee-off. Councilmen Thomas and Buffum asked for a report from the City Manager. Mr. Berzina noted that he believes the contract will say a five-day pass--not seven-day play. Jeanie Thompson stated they cannot alter the five-day pass without Council action because it is a mutual agreement between RDM and the City. She also noted that an Altrusa group enjoyed the golf course and excellent staff at Weeks Park. Frank Gordon would like to pay $5.00 for a golf cart. He believes the Citv owes it to senior citizens. he is not complaining about the $250 fee. Item 13b Charles Harper, Mayor, requested that Miss Houseworth and Mr. DeWitt go through the equity situation of the City. Mr. DeWitt explained the recap they had prepared. The Mayor noted that equity has not changed substantially over the last four years. Item 13c Councilman Thompson commended city staff and members of the community who worked with them on Jubilee last Friday night. Items 13d & 14 The City Council recessed into executive session at 2:30 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 4:30 P.M. Moved by Councilman Thomas that the following appointments be made. a. Nortex 9-1-1 Communications District - Johnny Coker - reappointed to May 15, 1990 b. Wichita Falls Arts Commission - Terms to 4-30-90 Betty Hansen Betty Wagner Luther Breckenridge Dr. Ronald A. Hough Heather Tedford Ann Smith Jane Underwood Carolyn Sanders Shirley Mathews Richard L. Kulka Lynn Marshall Cathryn Whaling Motion seconded by Councilman Kirkham, and carried unanimously. The City Council adjourned at 4:35 P.M. PASSED AND APPROVED this Z64/ day of _ cl 1988. �PerroolsbA�ay ATTEST: Wilma J. Thohfas, CM /AAE City Clerk