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Min 06/21/1988 887 Wichita Falls, Texas Memorial Auditorium Building June 21 , 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. Perry Goolsby Mayor John Hirschi - Charles Thomas - Angus Thompson - Councilors Robert Barenberg - Ron Buffum - Don Kirkham - James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Finance Director The invocation was given by Councilor Thompson. Item 3 Moved by Councilor Kirkham that minutes of the meeting held May 31, 1988, be approved. Notion seconded by Councilor Thomas, and carried unanimously. Items 4a-8a Moved by Councilor Thompson that the consent agenda be approved. ;Motion seconded by Councilor Barenberg. Item 4a Ordinance No. 70-38 ORDINANCE WAIVING APPENDIX A SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON PLEASANT VIEW ROAD, LOT 1-A, BLOCK 1, AND LOT 1 , BLOCK 2, FLAVIS AND LORENE GREER SUBDIVISION Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 5a The bid for annual linen service was awarded to Flake Industrial Service, in the amount of $10,347.48. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a Resolution No. 124-88 RESOLUTION TO ACCEPT PROJECT FOR IMPROVEMENTS TO SEWER LIFT STATION NO. 25 AND AUTHORIZE CITY MANAGER TO MAKE A FINAL PAYiy`iENT TO THE CONTRACTOR 888 Item 6a (Cont'd. ) Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Councilor Thomas stated that he hoped the complaints he had received had been taken care of. Item 6b Resolution No. 125-88 RESOLUTION TO ACCEPT THE WICHITA FALLS ACTIVITIES CENTER RENOVATION PROJECT AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Councilor Thomas mentioned that we should look into changing serving lines at the Activities Center. Mr. Berzina noted that they would address where we stand on hotel/motel funds at the retreat. Item 7a-c Minutes of the meetings of the following boards and commissions were received. a. Landmark Commission - May 19, 1988 b. Board of Directors of Reinvestment Zone No. 1 (Tax Increment Financing) - May 20, 1988 c. Park Board - May 26, 1988. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8a Funds were approved in the amount of $2,000 from the hotel/motel tax for promotion of Falls Fanfare (Drum Corps International ) competition to be held August 12, 1988. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenbera, Buffum, and Kirkham Nays: None Moved by Councilor Thomas that Item llg be moved to the top of the regular agenda. Motion seconded by Councilor Buffum, and carried unanimously. Item llg Resolution No. 126-88 RESOLUTION APPROVING TRANSFER OF CITY'S AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982 ENTITLEMENT FUNDS FOR FISCAL YEAR 1988 IN THE AMOUNT OF $224,500 TO SEYMOUR MUNICIPAL AIRPORT Moved by Councilor Thomas that Resolution No. 126-88 be passed. Motion seconded by Councilor Buffum. Mayor Nolan Davis, City Manager John Reo, and Carolyn McDermett, from Seymour, were recognized. Mayor Davis expressed appreciation to 889 Item llg (Cont'd. ) the City of Wichita Falls for what they have done for the City of Seymour. Mr. Berzina explained that every year the City receives entitlement from the FAA to be used for making airport improvements. This is the third or fourth time we have recommended that it be used in this area, instead of it going back to Washington, D.C. It is a matching fund, and not simply for spending. We also have two more years for this money. The FAA has given its approval for the distribution in the region. Councilor Thomas pointed out that this money comes from tax money paid on gasoline and airline tickets. He highly endorses it. Councilor Buffum asked about specific projects in Seymour, and Mr. Parker explained that they are required to have a definite plan, and a grant request submitted to the FAA for this funding. The question was called by Councilor Thompson. It was seconded by Councilor Kirkham, and carried unanimously. The motion for passage of Resolution No. 126-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9a Ordinance No. 71-88 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUC- TURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY Moved by Councilor Buffum that Ordinance No. 7188 be passed. Motion seconded by Councilor Barenberg. It was noted that this house has been abandoned. Mr. McKinney stated that the owner and leaseholder have indicated that they have no further interest in the property. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item l0a Ordinance No. 72-88 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A TWENTY (20) FOOT WIDE ALLEY EASEMENT IN LOT 6, BLOCK 1 , WILLOW BROOK ADDITION, SECTION 1 , WICHITA FALLS, TEXAS Moved by Councilor Thompson that Ordinance No. 72-88 be passed. Motion seconded by Councilor Kirkham. Mr. McKinney explained that the alley is not on the ground, and is only used as an easement. There are no utilities in that area, and none Tanned. The motion carried by the following vote. 890 Item 10a (Cont'd. ) Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10b Ordinance No. 73-88 MAKING AN APPROPRIATION FROM SANITATION FUND EQUITY FOR THE PURPOSE OF PAYING A FLEET LIABILITY SETTLEMENT Moved by Councilor Kirkham that Ordinance No. 73-88 be passed. Motion seconded by Councilor Thompson. City Attorney H. P. Hodge explained to Councilor Kirkham that he feels like we were really not at fault, but it is a lawsuit of a nature that this settlement is in the best interest of the City, and they feel we should go ahead and accept it. Mr. Berzina addressed the funding sources. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10c Ordinance No. 74-88 MAKING AN APPROPRIATION FROM THE LIABILITY RESERVE OF THE GENERAL FUND FOR THE PURPOSE OF PAYING A FLEET LIABILITY SETTLEMENT Moved by Councilor Thompson that Ordinance No. 74-88 be passed. Motion seconded by Councilor Buffum. Councilor Buffum mentioned that this seems to be a situation where some people think the City has deep pockets. Mr. Hodge addressed tort liability, and this particular case, stating they feel it is in the City' s best interest to settle this case. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was out of the room. ) Item 10d Ordinance No. 75-88 ORDINANCE AMENDING ORDINANCE 66- 83 TO APPOINT THE PRESIDENT OF THE FRIENDS OF THE LIBRARY AS AN EX-OFFICIO MEMBER OF THE LIBRARY ADVISORY BOARD Moved by Councilor Kirkham that Ordinance No. 75-88 be passed. Motion seconded by Councilor Hirschi . Councilor Thomas clarified this request. The motion carried by the following vote. 891 ' Item 10d (Cont'd. ) Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham jNays: None Item 10e Ordinance No. 76-88 AN ORDINANCE AMENDING ORDINANCE 32- 84, THE LANDMARK ORDINANCE, TO ADD THE HAMILTON HOUSE AT 1106 BROOK AVENUE AND THE WEEKS-ESTES HOUSE AT #1 CRESTWAY AS WICHITA FALLS LANDMARKS Moved by Councilor Hirschi that Ordinance No. 76-88 be passed. Motion seconded by Councilor Barenberg. Councilor Thomas asked what other benefits are available for this, other than putting it on the rolls and freezing its improvements? Mr. McKinney explained they can get approval from the Landmark Commission for requested changes. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Mayor Goolsby presented proclamations and landmark designations to Craig Estes, for Weeks- Estes House, and Billy Davis, for Hamilton House. Item 10f Proposed ordinances were presented to allow certain types of fences in the front setback areas of single- family and duplex residential lots. A motion was made by Councilor Barenberg for passage of Option One, and seconded by Councilor Hirschi . Councilor Hirschi asked how long the existing ordinance has been on the books, and don' t most subdivisions address fences by deed restric- tions? Richard Sutton, Chairman of the Zoning Board of Adjustment, stated that there is a provision in which some fences are allowed. He explained the role of this board in appeals. Interpretation of a fence seems to be the problem. He read the definition of a fence as stated in the Zoning ordinance, which states that it is any material or combination of materials. He appealed to the Council for clarification of a fence definition. He also spoke as a private citizen. He appealed to the Council to not pass any of the options. There is almost universal acceptance in many other cities that a front yard fence is not acceptable. Councilor Thomas asked about a fence on Call Field? Dr. Sutton stated that it constituted a fence that was in violation. Dr. Sutton addressed a fence that did not restrain anything. Other fences and situations were discussed. Dr. Sutton agreed that whether the ordinance is passed or not, this definition will still cause problems for them. Councilor Thompson felt that a person living in the city should not be denied the right to a simple fence. Dr. Sutton believed there are certain things that he should be able to depend on his neighbor not doing, even if he does live within the city. They will deal with the spirit of the zoning ordinance, as written. Councilor Kirkham noted that this is one of the most contested ordi- nances on the books. Dr. Sutton suggested that the majority of the people with high chain link fences next to them would favor the Zoning ordinance. He feels the Council should address what is in the best interest of the 892 Item 10f (Cont'd. ) city as a whole. Councilor Hirschi felt that because a person could not afford expensive decorative fences is no reason to deny them protection by a chain link fence. The main reason he was opposed to front ,yard fences was because of the problems the Post Office was having in mail delivery. He feels we can get around that by the person providing curb side mail delivery. He noted that he sees so many examples in the city where front yard fences are not allowed in the front yard by deed restrictions, so we don' t have to worry about that, but in other areas he would request that curb side mail be provided. Dr. Sutton responded to the suggestion that fences are either allowed or disallowed by aesthetics or substance of the owner, stating that this is not true. With regard to options of moving into a neighborhood where ; there are no fences, there is no sure thing that fences will not be there tomorrow. He also addressed the deed restrictions, stating that the property owner defends these deed restrictions on their ability and desire to do so. Councilor Barenberg asked if there is a legal way to defend deed restrictions, and Councilor Thomas explained that they could go to court to do so. Dr. Sutton agreed, stating that the zoning ordinance is enforced by the City. Councilor Thompson noted that sometimes a fence may be necessary to protect young children, stating that he will stand with those who are doing the very best they can for their family. Councilor Thomas noted that people have back yards, too. Front yard fences would restrict emergency vehicles, such as Police, Fire, and Ambulance, and can also hide those who may get in there at night. Most residences have play areas other than the front yard. We have always had setback requirements. Mayor Goolsby feels that we all know what the problem is, and we should get on with doing something about it, if there is something we can do. In response to a suggestion, Councilor Barenberg stated that new council members have been furnished with minutes of detailed discussions that have gone on for years. Bob Reed, Postmaster, related comments from various people here for the recent Postmasters ' convention on the beauty of Wichita Falls. He noted that all of us in Wichita Falls are The City, and we should say what we do or don't do. Mr. Reed stated that everyone has a yard, whether it is front yard or back yard. He does not feel we should give more credence to the people who are dissatisfied than to those who are silent. He would urge them to not be too swayed by the times the phone rings. There is a potential of 45,000 fences. He would second the motion that is not in order from the floor that we adopt none of the options. We have a problem, and that problem is a definition. He suggested that we give the fence definition a chance. If they had to adopt one of them he would prefer option one, with an amendment that such fence shall not be totally enclosed so as to prohibit access for postal delivery. Otis Brewer, 4200 Sondra, stated that he has two split rails thirty inches high around his front yard. He does not consider this a fence. He does not have a gate. He feels that anything under three feet is not a fence. He is asking for a fence definition from the Council . The fence has been there more than a year. Mr. McKinney noted that before the zoning ordinance he did not have many complaints about people building front yard fences. Marion Gwynn, 1609 Red Fox, stated that his fence was also disapproved. He feels it is not considered as a fence. It is not screened, nor does it obstruct the view. He mentioned the expense of building it. He feels option one would best suit his needs. Mayor Goolsby appreciated his concerns, stating that people are entitled to a view. 893 jItem 10f (Cont'd. ) I i An amendment was moved by Councilor Barenberg to grandfather all existing fences. Motion seconded by Councilor Hirschi , and failed by the following vote. Ayes: Councilors Hirschi , Thompson, and Barenberg Nays: Mayor Goolsby, Councilors Thomas, Buffum, and Kirkham An amendment was moved by Councilor Barenberg to state that fences , shall not be more than three (3) feet in height, constructed out of wood or masonry, and shall be open and free of opaque material in at least seventy -five percent of the face area. Such fence shall not be totally ,enclosed so as to prohibit access for postal delivery. Motion seconded by Councilor Thomas, and failed by the following vote. Ayes: Councilors Thomas and Barenberg Nays: Mayor Goolsby, Councilors Hirschi , Thompson, Buffum, and Kirkham An amendment was moved by Councilor Thompson to add, Such fence shall not be totally enclosed so as to prohibit access for postal delivery, to Item b on option one, and to provide for curbside mail delivery. Motion seconded by Councilor Hirschi . I Councilor Kirkham asked if the part about curbside mail delivery is necessary in a city ordinance because of postal regulations? Mr. Reed felt that it being a part of the ordinance makes it clear. Councilor Thomas felt that they should hear from the Fire Chief before , this is passed. Chief James stated that a four or five foot chain link ; fence with a lock will obstruct them. If it is a fence they can step over, it will not affect them. He noted that a four-foot chain link fence will limit them considerably. Arbitrarily backing over a fence is something they should look at, because of property damage. Mr. Berzina stated that the reason he talked about a three-foot fence is because it is something you can get over. He has this vision of workman' s comp claims for people falling down over these fences. You are putting the Fire Department and the City in a most untenable situation. Councilor Buffum noted that all we want is a definition of a fence. This came up because someone wanted to beautify his yard; not to keep a child or pet in. Councilor Thompson was concerned about children, and would like for those who have fences to keep them. The motion for the Option One amendment failed by the following vote. Ayes: Councilors Hirschi and Thompson Nays: Mayor Goolsby, Councilors Thomas, Barenberg, Buffum, and Kirkham The motion for passage of Option One failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Mayor Goolsby requested that Mr. McKinney begin to develop a definition of a fence. The Council agreed to not enforce fines until this is settled. Any appeals will not be heard until this is settled. The City Council recessed at 10:30, and the meeting resumed at 10:40. 894 Item lOg Ordinance No. 77-88 ORDINANCE TRANSFERRING A TOTAL OF $20,300.00 FROM ACCOUNT NUMBER 11- 233- 4113 TO THE FOLLOWING ACCOUNT NUMBERS: $11 ,200.00 TO 11-012- 4430; $5,000.00 TO 11-012-4450; $4,000.00 TO 11-012-4520; AND $100.00 TO 11 - 012 - 4491 FOR THE PURPOSE OF BALANCING APPROPRIATIONS WITH PREVIOUSLY UNANTICIPATED EXPENSES WHICH HAVE BEEN INCURRED Moved by Councilor Thomas that Ordinance No. 77-88 be passed. Motion seconded by Councilor Kirkham. The City Manager explained the reason for these transfers, stating that the money not used goes back into equity at the end of the fiscal year. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10h Ordinance No. 78-88 ORDINANCE AMENDING ORDINANCE 3305, CITED AS THE "WICHITA FALLS CABLE TELEVISION ORDINANCE" TO RELEASE VISTA CABLEVISION FROM ITS OBLIGATION TO PROVIDE AN ACCESS- ONLY STUDIO AND EXTENDING THE FRANCHISE TERM ONE YEAR IN RETURN FOR RAISING THE FRANCHISE FEE PAID TO CITY FROM THREE (3%) PERCENT TO FIVE (5%) PERCENT, AND PROVIDING FOR A FREE CONNECTION TO THE STREET DEPARTMENT OFFICE FOR PURPOSES OF WEATHER DETECTION Moved by Councilor Hirschi that Ordinance No. 78-88 be passed. Motion seconded by Councilor Barenberg. Councilor Hirschi asked about the abandonment of the MSU channel . Mr. Berzina and Bert Bucher stated that MSU now has their own equipment, and Vista has enlarged their studio. Mr. Bucher explained that only four people have wanted to use it. Vista sees it as an added expense that will not be used. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lla Resolution No. 127-88 4 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM FOR RENOVATION OF MOTOR AND PUMP CONTROL SYSTEM ON SANITARY SEWER INTERMEDIATE LIFT STATION Moved by Councilor Thomas that Resolution No. 127-88 be passed. Motion seconded by Councilor Barenberg. Mr. Bonnett addressed questions posed by Councilors Thomas and Buffum. The motion carried by the following vote. 895 Item Ila Cont'd. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 11b Resolution No. 128-88 RESOLUTION APPROVING SECOND AMENDMENT TO CONTRACT FOR AMBULANCE SERVICE TO WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK, TEXAS Moved by Councilor Barenberg that Resolution No. 128-88 be passed. Motion seconded by Councilor Thompson. Councilor Barenberg noted that he had personal experience observing activities of ambulance service, and performance of employees. He finds they are performing well medically. Louise Houseworth, Assistant City Manager, stated that ambulances purchased by the City are sold as surplus, and the profits are split with the four entities. She explained that this is a second amendment to the contract, and the original contract addresses the required insurance. Mike Harmon stated that their operation in Lawton, Oklahoma, is not subsidized. They charge $280 in Lawton, with a $4.00 per mile mileage rate. It was noted that our rates are $175, and we are still subsidizing them in the amount of $90,000. Mr. Harmon noted that $175 is the maximum that medicare will allow, and we are leaving money on the table if we don' t raise our rates. Sixty percent of the emergency trips are medicare. Councilor Hirschi requested that we get information from other cities concerning police and fire departments to run the ambulance service. Councilor Thomas noted that some other cities are coming down on ambulance services. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 11c Resolution No. 129-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WICHITA COUNTY AND THE CITIES OF BURKBURNETT AND IOWA PARK FOR ALLOCATION OF THE SUBSIDY FOR CONTRACT WITH LIFE LINE EMERGENCY MEDICAL SERVICES, INC. Moved by Councilor Buffum that Resolution No. 129-88 be passed. Motion seconded by Councilor Barenberg. Formula for the fees between the various entities was discussed. Mr. Berzina hopes it will get to the point where there will not be a subsidy. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 896 Item lld Resolution No. 130-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMBULANCE LEASE AGREEMENT WITH LIFE LINE EMERGENCY MEDICAL SERVICES, INC. Moved by Councilor Kirkham that Resolution No. 130-88 be passed. Motion seconded by Councilor Thompson. Councilor Hirschi mentioned certain things which the Legal Department will take a look at. In Paragraph 20 of the contract, Paragraph 14 was corrected to Paragraph 15. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lle A proposed resolution was presented establishing the name of the library as Wichita Falls Kemp Public Library. A motion was made by Councilor Kirkham, and seconded by Councilor Buffum, for its passage. Tommy Pipes, Chairman of the Library Board, explained that the reason for changing the name is for recognition, not only inside, but outside the community. Also, with public/private funds, they feel that adding the name Wichita Falls would help. Mr. Hodge noted that he had received a call from Mrs. Bob Puckett, urging that the name not be changed. Mrs. Puckett is a member of the Heritage Society; however, she was not speaking for them, but for herself. She suggested that if they did change it, change it to Kemp Public Library of Wichita Falls. Tiana Williams, Library Administrator, stated that she spoke to Linda Cook, President of the Heritage Society, who would like this to be tabled for their meeting this Wednesday. Tommy Pipes stated that the reason they want it changed is that they are working on many things that need to be done. The Library Board is not asking them to table it. They recommended the name as proposed. Both names were discussed previously. Councilor Thomas called the question. It was seconded by Councilor Barenberg, and failed by the following vote, because of a five- sevenths vote needed on calling a question. Ayes: Mayor Goolsby, Councilors Thomas, Barenberg, and Buffum Nays: Councilors Hirschi , Thompson, and Kirkham Councilor Kirkham asked if anyone had talked with the Kemp family? Mr. Pipes noted that they hadn' t, but the Legal Department did not find any legal restriction on it. Mr. Pipes stated that one or two women were concerned that we were not detracting from the Kemps. The concensus favored the change. Councilor Kirkham asked what it would entail if they continued to use the present name until this can be resolved? Mr. Pipes explained that a brochure is ready to be printed, which they need for the logo and information. They feel that the name Wichita Falls will assist in obtaining funds for this library. Mayor Goolsby stated that he feels we need to face the opposition before we go ahead with this. Councilor Buffum feels this name change needs to be addressed with the family. Councilor Barenberg asked that information be brought back from the 897 Item lle Kemp family before July 5. Councilor Kirkham noted his concern about making name changes before contacting the family. Mr. Pipes stated that he has served on this board for five years since its inception, and they have had no contact with the Kemp family. Mayor Goolsby expressed appreciation for the leadership he has given this board for many years. He feels we should extend the courtesy to the Kemps. Councilor Buffum called the question. It was seconded by Councilor Thomas, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Barenberg, and Buffum Nays: Councilors Thompson and Kirkham The motion for the proposed resolution failed by the following vote. Ayes: Councilors Hirschi , Thomas, and Barenberg Nays: Mayor Goolsby, Councilors Thompson, Buffum, and Kirkham Mr. Pipes asked what family members they should contact? Councilor Hirschi gave him the name of Syble Cahoon. It was requested that this be put on the next agenda. Item 11f Resolution No. 131-88 i RESOLUTION APPROVING A LEASE AGREEMENT WITH MR. JAMES A. THOMAS FOR LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT i moved by Councilor Thomas that Resolution No. 131-88 be passed. Motion seconded by Councilor Hirschi . i Robert Parker stated that this will be the fifth to attempt this i in the last two years. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenbera, Buffum, and Kirkham Nays: None 'I i; Item llh Resolution No. 132-88 Y j RESOLUTION TO AUTHORIZE CITY MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT WITH THE ENGINEERING CONSULTING FIRM OF CORLETT, PROBST & BOYD, INCORPORATED FOR THE DEVELOPMENT OF AN APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR A PROJECT LOAN FROM THE STATE REVOLV- ING LOAN FUND Moved by Councilor Hirschi that Resolution No. 132-88 be passed. Motion seconded by Councilor Barenberg. Mr. Berzina addressed the issue of future surpluses. Mr. Bonnett stated that the potential benefit is worth the risk, and they are working on a very tight application schedule. The motion carried by the following vote. 898 Item llh (Cont'd. ) Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lli Resolution No. 133-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT CON- SENTING TO ASSIGNMENT BY RECREATION DEVELOPMENT AND MANAGEMENT, INC. , OF THE GOLF COURSE MANAGEMENT CONTRACT DATED JANUARY 8, 1986, AS AMENDED, TO RECREATION DEVELOPMENT AND MANAGEMENT, LTD. Moved by Councilor Hirschi that Resolution No. 133-88 be passed. Motion seconded by Councilor Barenberg. Councilor Hirschi asked about the official name. Marty Streiff, President of RDM, Inc. , and RDM, Ltd. , stated that it is the same company. The word "Department" in the agreement is a typographical error, and should read "Development" . There is no change with the City' s operation; only an ownership change. Mr. Hodge noted that they would take care of the proper name corrections. Councilor Buffum asked about the time required to furnish the bonding requirements. He wonders if we should make this requirement before the assignment is made, rather than ten days? Mr. Streiff stated that they need this document before they have closing on the company. It was suggested that the agreement be made subject to them being able to furnish bonds. Councilor Hirschi mentioned the possibility of having RDM, Inc. to also sign the contract. Mr. Hodge stated that he believed the letter from the President of RDM, Inc. , would take care of this. Councilor Hirschi expressed concern about their financial operations. Mr. Streiff discussed the financial strength of RDM, Ltd. , which is more substantial than RDM, Inc. He stated that in 1985, the stockholders put in cash as capital . The new company is putting one million dollars equity into it. RDM, Ltd. , is assuming all assets and liabilities of RDM, Inc. Mr. Berzina did not recall receiving the financial statements of RDM, Ltd. , stating that he does not have to sign the contract until they receive financial statements. Councilor Hirschi suggested that it be made subject to financial statements being received. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item llj Resolution No. 134-88 RESOLUTION AUTHORIZING THE JIM KING COMMISSION ON AGING TO EXPEND $400 ON A -WORKSHOP DESIGNED TO EXPLORE THE IMPLICATIONS OF CHANGING DEMOGRAPHICS OF THE AGING Moved by Councilor Thomas that Resolution No. 134-88 be passed. Motion seconded by Councilor Barenberg. Councilor Barenberg stated that having this man here is an honor for Wichita Falls. He and Councilor Buffum favored this process. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Thompson, Barenberg, Buffum, and Kirkham 899 ( Item 111J (Cont'd. ) Nays: None (Councilor Hirschi was out of the room. ) Item llk Resolution No. 135-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE GOLF COURSE CONTRACT AMENDMENT NUMBER THREE WITH RDM FOR MANAGEMENT OF THE WEEKS PARK GOLF COURSE Moved by Councilor Kirkham that Resolution No. 135-88 be passed. Motion seconded by Councilor Barenberg. Councilor Thompson opposed this contract amendment, stating he felt they should live up to their contract. Councilor Hirschi noted that the proper name of the company should be in there somewhere. Mr. Hodge agreed. Mr. Streiff stated that both parties are very much hoping this support is agreed upon. It was not their intention three years ago to ask for a change in rental payment. There is a much better facility here today than three years ago. Play is up significantly, and the course is in much better condition. Since Day One they have been paying rental to the City. They are asking for a change to help get them through some difficult times. If they are not able to get it, then they will have to address what they will be able to do. Mr. Streiff stated that under the current rent they will fall short of a break even situation. He believes they have exceeded what they were required to do in capital improvement obligation for the first three years. Mayor Goolsby feels that green fees need to be addressed in this contract amendment under Paragraph D, and he read a statement to that effect. Prorating of membership fees was addressed. Moved by Mayor Goolsby that the contract be amended to add Paragraph D, Green Fees, to read as follows. It is agreed by both parties that the green fees shall not exceed the current established rates during the length of this amendment. It is further agreed that the annual membership green fees shall be prorated in accordance with the number of months remain- ing in the membership year at the time of payment. Motion seconded by Councilor Thompson, and carried unanimously. Mr. Streiff noted a letter of credit and a $100,000 performance bond. It was noted in Section C that the date of January 7, 1989, should be changed to April 30, 1989. The City Manager and Legal Department will work out the corrections. The motion for passage of Resolution No. 135-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 111 Resolution No. 136-88 RESOLUTION APPROVING CONTRACT FOR WATER CRAFT RENTALS AT CERTAIN PARK AREAS Moved by Councilor Thompson that Resolution No. 136-88 be passed. Motion seconded by Councilor Thomas. John Craig, 3011 Jacqueline, requested that a renewable clause be 890 Item 111 (Cont'd. ) added, with a six-month overlap. Mr. Berzina explained that the Park Director desired to have a limited time contract for the first year or two. Mr. Murphy stated they have done no research on the financial status of the concessionaires. They will be judged solely on their performance. Boat storage and security have been addressed with them. Mr. Craig stated that they anticipate rental fees from $2.00 to $4.00 per hour. Councilor Hirschi was concerned that we have not set any standards for this operation, and no financial records. There was no advertisement. Mr. Berzina explained that no one is breaking our door down to get into this business. We have two risk takers who are willing to try. This is the strongest position we can come to the Council with at this time. Mr. Craig noted he will have considerable investment in this, and it will all have to be done in cash. Councilor Thomas called the question. It was seconded by Councilor Kirkham, and carried unanimously. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Moved by Councilor Buffum that Items 14a, b, and c be moved up to the next agenda items. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, and Buffum Nays: Councilor Kirkham Item 14a Stan J. Grider, 2747 Roanoke, mentioned a petition of persons interested in the Council accepting Lynwood Lake and park as a gift from Bob Seabury. He stated that one organization will donate the fish. Another organization is considering other donations. Councilor Thomas explained that the proposal from Mr. Seabury was to donate the lake, and asked Mr. Grider where he would put the playground material ? Roger McKinney presented a plat which Mr. Seabury provided, which he would donate to the City. It includes the lake and easement. Access is right now Ledford Lane. Some of the property is owned by the School . Councilor Buffum emphasized that this gift comes with a sizeable price tag. If the dam is on School property, would that cause them to have to reconstruct the dam? Mr. Hodge feels that would be a responsibility on the school district. Councilor Hirschi stated that he was formerly a twenty-five percent owner of this property, and they met with them in 1981 . Councilor Thompson would like to address this at their retreat. Councilor Thomas agreed that it would be beneficial to the people of that area, but other than Ledford Lane there is no access. Councilor Buffum stated that this is in no way a gift type situation. There is a great amount of expense involved. Mr. Seabury took it over knowing full well all of these situations. The dollars are not out there to accept gifts of this type. Councilor Barenberg is concerned with access. It is clear that we are dealing with a serious financial consideration. We need to look at the total park situation, in line with other parks. 891 Item 14a (Cont'd. ) Mayor Goolsby feels this Council is not well enough informed about this situation to make a decision right now. He has no objection for it being on the agenda for their retreat. The school district should be contacted. Councilor Thompson stated there might be someone in the town who might be willing to help. Councilor Hirschi noted that we need to find out if there is room for picnic tables, about the lake level , and about access. Mr. Berzina stated they will put together the indicated information, in stages, and present park costs and maintenance estimates. Mayor Goolsby stated that he campaigned that he will work toward cutting all non-essentials out of the budget. He is willing to work toward , that to see whether it is an essential . i Item 14b Moved by Councilor Kirkham that a public hearing be held on July 19, 1988, on the request of Claudio Ramirez, Sr. , for additional taxicabs. Motion seconded by Councilor Buffum, and carried unanimously. Item 14c Roline Massie requested a 200-foot setback requirement at 111 North Beverly. She discussed a conflict in the neighborhood over a car business being operated at 201A Beverly, and a horse being kept by her parents at 111 North Beverly. She requested a waiver for the horse because the house and barn were built in 1935, and horses have been there since that time. Councilor Thomas asked that it be on the next Council agenda. Sid Lambert, Architect, represented J. C. Jennings, Jr. , 4518 Weeks Park Lane, requesting water outside the city limits. The property is located off Barnett Road at the end of Whispering Creek. David White owns the property. Jerry Gross stated that under the policy we have, he has declined to provide the water service. Mr. McKinney stated that this area was looked at for incorporation several years ago, and the owners were not willing to do so. Moved by Councilor Buffum that this matter be placed on the agenda; and consider how the whole area would be treated, including the policy on annexation. (Mr. Berzina stated they have been applying the policy uniformly; they have been saying "no". ) Motion seconded by Councilor Barenberg, and carried unanimously. The City Council recessed at 1 :40 P.M. , and reconvened at 2:15 P.M. Item 12a Resolution No. 137-88 RESOLUTION ACCEPTING BID OF L. J. TAYLOR CONSTRUCTION COMPANY FOR CONSTRUCTION OF AN IRRIGATION SYSTEM IN EAST LYNWOOD PARK Moved by Councilor Thompson that Resolution No. 137-88 be passed. Motion seconded by Councilor Barenberg. Some discussion took place, after which Councilor Barenberg called the question. It was seconded by Councilor Kirkham, and carried unanimously. 892 Item 12a (Cont'd. ) The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12b Bids were considered for steam boiler replacement at the Health Depart- ment. Moved by Councilor Thomas that the bid be awarded to Palco Mechanical Contractors, in the amount of $15,926. Motion seconded by Councilor Barenberg. Dick Arndt, Purchasing Agent, stated that the contractor felt that since it was under $25,000, that he did not need the bid bond. It was, however, forwarded to his office two hours after bid opening. City Attorney H. P. Hodge stated he could find no state law on this situation. Mr. Edmondson stated that the boiler has been turned down by the inspector, stating it is dangerous to use it. Mr. Hodge explained various options available to the Council . They could reject all bids, and negotiate with a contractor in an emergency situation. The City Manager suggested negotiation with all three bidders. The motion to award the bid to Palco failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Moved by Councilor Hirschi that the staff be authorized to negotiate on an emergency situation. Motion seconded by Councilor Thompson, and carried unanimously. Item 13a Resolution No. 138-88 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE COMPLETION OF THE UNDERGROUND SPRINKLER SYSTEM, TREES, PLANTS AND GROUND COVER CONTRACT AT THE SOFTBALL COMPLEX Moved by Councilor Thompson that Resolution No. 138-88 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 13b Resolution No. 139-88 RESOLUTION TO ACCEPT THE 1987 BUDGET SEAL COAT PROJECT AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Moved by Councilor Kirkham that Resolution No. 139-88 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. 893 Item 13b (Cont'd. ) Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Tom Hoffman, Century21 Realtors, resented the Crossroads Mall on p lSouthwest Parkway for consideration as a library. He stated that it contains 79,000 square feet. It is owned by Harry Patterson and two partners. IThe asking price is $1 ,800,000. Item 14d Councilor Thomas explained that Mr. Edwards passed away, and he owned , most of the property they were going to purchase for Lake Ringgold. He feels we should find out if this property is going to be sold. He would hate to see it sold, and a new value be placed on it. He suggested we find out who the attorneys are who are going to be handling this, and get a chance to perhaps be able to purchase it. Councilor Hirschi felt we should not invest another three and one-half to four million dollars since we are not going to need this water supply for 20 or 30 years. Councilor Barenberg felt there would be nothing wrong with putting all available information together on this property. He requested the City Manager to do so. Councilor Thomas stated that we need to be in on the negotiations if we find that the property is going � to be sold. The Council agreed to the City Manager getting the information. Councilor Barenberg stated that several women expressed their appreci- ation to the City for their help in Fallsfest. He also asked about parking Iat the waterfall . Mr. Berzina stated the only thing they are pursuing is to see if they can get private development interested in a restaurant and/or shopping center on the hill . The State now allows us to park on ; the street underneath. He also asked about lighting on the trails at the falls. Councilor Thomas would like to see us find another pump at the falls. A decorative trash barrel is also needed. He also noted there has been � a flag at the falls for two and one-half weeks. i Councilor Hirschi noted the final ball field price at $875,000. He also requested that we not experiment with flyash any more until we receive more data. Mr. Bonnett would like to review the articles he men- tioned. Councilor Thompson requested that Code Enforcement see that weeds are cut down on the parking lots downtown. He also commended Mr. Bonnett on the award he received. He hopes we will be working on the enterprise zone when they come back from Austin. He would like to have an ad hoc committee appointed from the areas that will be affected. Mayor Goolsby stated he would be glad to talk to him about it. Item 14e Mr. Berzina outlined what they will be discussing at the Retreat on Tuesday, June 28, 1988, and on June 29, if necessary. Mr. Berzina also mentioned the City' s Affirmative Action Plan which has been produced. He has administratively adopted this plan. He mentioned the Charter provision on hiring practices, and the City Council being the only reviewing body. In connection with this, and ordinance is needed to appropriate funds to obtain an investigator. They are going to review it every 90 days. 894 Item 14e (Cont'd. ) Councilor Thompson stated he is pleased that a step has been made in the right direction, and he hopes the whole city will see and understand that, it is for the benefit of the citizens. He commended Mr. Berzina for his willingness to compromise on some of these things. He hopes we can be positive about this. Mayor Goolsby requested a six-month update report. Mr. Berzina feels the first report should be about 90 days, and perhaps go to six months after that. Item 14f The City Council recessed into executive session at 3:20 O'clock P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. They reconvened at 4:00 O'clock P.M. Moved by Councilor Thomas that the following appointments be made. a. City-County Health Board - (replacing Burl Kirkland) Ronnie Awtry - term to 12-31-89 b. Housing Authority - appointments made by Mayor Mrs. Rozezella Robinson - term to 7-1-90 Dr. C. B. Fuller (Chairman) - term to 7-1-90 c. Library Advisory Board - Thomas Pipes - term to 7-1-89 Charles J. Olson - term to 7-1-91 John F. Grimes - term to 7-1-91 Jerry Fisher - term to 7-1-91 (replacing Ann Kremp-McClure) James E. Snowden - Chairman d. Youth Activities Advisory Council - Avantika Cadambi , Karla Hester, Anne Dalle (Rider) , Monica Thompson, Candice Holcombe, Byron Keith Brown (Wichita Falls) , Kay Kennedy, Katherine Nunley, Matt Sherwood (Notre Dame) , and Patricia Maria Dodd (Hirschi ) e. Mayor' s Commission on Status of Women - Paula McKinney - term to 9-30-90 Motion seconded by Councilor Kirkham, and carried unanimously. The City Council adjourned at 4:05 P.M. PASSED AND APPROVED this �/� day of �, �_ 1988. �Perr�yol Mayor ATTEST: Wilma J. Th mas, CMC/AAE City Clerk