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Min 07/05/1988 ! ' 895 Wichita Falls, Texas Memorial Auditorium Building July 5, 1988 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 O'clock A.M. , with the following members present. 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 Mark Hobbs, Sheppard Air Force Base. Mayor Goolsby presented the format for the Council to address the vari- ,ous issues. Item 3 Moved by Councilor Kirkham that minutes of the meeting held June 21, 1988, be approved. I Motion seconded by Councilor Hirschi , and carried unanimously. �It� em 4a Personnel Officer Jan Stricklin introduced Sharon Burcham, from the Public Works Department, as Employee of the Month for July. Mr. Bonnett 1presented information concerning her work in the department. Mayor Goolsby (presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Items 5a - 8h Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Thompson. Item 5a ORDINANCE NO. 79-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBERS 4040- 005-0000, 4040-012-0100, 4040-011-0000 AND 4040-012-0000 Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham I I Nays: None (Item 6a The bid for replacement of four roof-top air conditioners for police eadquarters was awarded to Trinity Air Conditioning, Wichita Falls, in the mount of $15,418. 896 Item 6a (Cont'd. ) Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7a RESOLUTION NO. 140-88 RESOLUTION TO ACCEPT PROJECT TO RENOVATE ELECTRICAL SYSTEM AT JASPER WATER TREATMENT PLANT AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAY- MENT Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7b RESOLUTION NO. 141-88 RESOLUTION TO ACCEPT JASPER STREET WATER TREATMENT PLANT RENO- VATION PROJECT AS COMPLETE AND AUTHORIZE THE CITY MANAGER TO MAKE FINAL PAYMENT Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8 Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - June 8, 1988 b. Planning and Zoning Commission - June 8, 1988 c. Board of Electrical Examiners - June 9, 1988 d. Civil Service Commission - June 15, 1988 e. Landmark Commission - June 16, 1988 f. Park Board - June 23, 1988 g. Kemp Public Library Advisory Board - March 30, 1988 h. Kemp Public Library Advisory Board - May 21 , 1988 Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9a A public hearing was opened on proposed statement of Community Develop- ment objectives and proposed use of funds under the Housing and Community Development Act of 1974, as amended. Lindsey Walker, 1411 Trout, introduced Brenda Jarrett as Project Admin- istrator of the Wichita Falls Economic Development Corporation. Mr. Walker presented information concerning their goals and objectives, and on-going projects. He mentioned various institutions which they will be working with in the implementation of this project. They plan to support all other econom- ic development projects in Wichita Falls. He presented a total budget of $64,354, including a one time cost of $5,800 for a computer. He requested funds in the amount of $49,354 from Community Development Block Grant funds. Councilor Thompson commended Mr. Walker for the work he has done. Mr. Berzina explained that this request would not fall under the Social Services area of the budget, but it would fall under the economic development portion. Housing Officer Bob Henderson agreed, stating it would come out 397 Item 9a (Cont'd. ) f the fifteen percent. Councilor Barenberg asked Mr. Walker about last year's budget, on-going ;projects, and number of employees. Mr. Walker explained that they have only ;been in operation ten months. He has one full time employee, and some volun- teer help. They have spoken with six or eight people they are anticipating to work with to overcome some of their difficulties. They have referred a number of these persons to MSU to use some of their expertise. Mrs. Jarrett will be working in the field with these people. Councilor Buffum appreciated the efforts he has put forth in starting this program; however, it seems that some of the funds which he thought avail- able had perhaps fallen off. Mr. Walker believes there are many people and businesses which they have not tapped. He believes that if they move into a more visible area, the funding will come. Councilor Buffum also asked if he had looked into federal requirements for funding, and Mr. Walker stated that he had talked with Beau Boulter, and they want to see something visible. Councilor Thomas commended Mr. Walker for doing a good job. Mayor Goolsby ,requested that he get something in writing to the Council . Earl A. Jackson, 1809 Las Cruces, represented the East Lynwood organiza- tion, requesting funds for extension of Red Fox Street to the proposed Maur- ine Street extension to Sheppard Access Road. He cited safety and accessi- ibility to the business community outside the East Lynwood addition. If they are not going to extend Maurine Street to Sheppard Access Road, then he would like to have Red Fox Street extended to the little stub of Maurine Street. Councilor Thomas noted that this is one of their major priorities with the Highway Department, if we get the funding and the right-of-way. It will take a year or two to get it funded. Discussion centered on whether Red Fox is in the CDBG area for funding. Information will be provided on costs , for various options. Councilor Kirkham noted that this is the third project on the agenda for state help. If this is approved, then he feels Red Fox will be connected. Councilor Thompson agreed. Dale Heath, Executive Director of the Senior Citizens Service Center, requested funds in the amount of $8,500. Their projects include Christmas lin Spring, and waiver of trash pickup under that same category for home reno- �vation and beautification ($3,500) , parking lot replacement in the amount of $2,000, and the balance of funds for the emergency response program. She stated that they have a waiting list for these units, both for operating and repairing them. No one is required to pay a penny for this service. ;Last month they had three robberies at the Red Door Senior Citizens Service jCenter. They don' t know how they will come out on their insurance. Councilors Buffum and Barenberg noted the good job done by the Senior ilCitizens programs, and their many attempts to make their operations effi- �cient. Mrs. Heath stated they have cut down on staff and service. They (receive as many as five requests a day for home delivered meals needed on a short term basis. They have cut costs of meals, but it is difficult to find enough volunteers to deliver them. About one-third of the meals are delivered to the East side, and they find it hard to get volunteers. Counci- lor Kirkham confirmed that eighty percent of the volunteers are senior citi- zens. He feels they help themselves, and we need to help if at all possible. Councilor Thompson commended Mrs. Heath for the job they are doing. Counci- lor Hirschi suggested that she get an estimate from a contractor on the cost of replacement of the parking lot. Mayor Goolsby requested that she present ,something to them in writing. The public hearing was closed. Discussion continued on looking at the TIF Zone, and the amount of CDBG funds, by category, which have not been expended in prior years. Mr. Hender- ,son noted that the only places they are behind are in street repairs (because of bidding) , Holliday Creek, and riverwalk or reinvestment zone areas because we are phasing this in. Councilor Hirschi would like to see some figures on 1987 and prior years which have not been spent at this time. Mr. Henderson ,'noted that two years of housing loans have been paid back. Councilor Baren- berg commended the quality of leadership of people doing the work. 898 Item 10a ORDINANCE NO. 80-88 ORDINANCE WAIVING PART OF SECTION 5-47 OF ORDINANCE NO. 63-85 TO ALLOW THE KEEPING OF LIVESTOCK AT 111 N. BEVERLY, LESS THAN 200 FEET FROM A RESIDENCE LOCATED ON ANOTHER'S PROPERTY Moved by Councilor Thomas that Ordinance No. 80-88 be passed. Motion seconded by Councilor Buffum. Rolene Massie stated that if this horse were disposed of, they would definitely want to replace it with another horse. They want the waiver for the address. She explained that the horse is closer to the property on the West. Councilor Hirschi stated that the property at 201 Beverly does not appear to have any street frontage. Mrs. Massie confirmed that it doesn' t. Councilor Hirschi wonders if it is possible for someone to sell property which does not meet city subdivision requirements, and put the property adjoining it in violation of an ordinance? Mr. Hodge was not sure. He also asked if it is improper platting to deed property across city or state land, and Mr. Hodge stated that it is. He further noted that the State ceded to the City title to the river land inside the city limits. He feels this is something we should look into. Councilor Hirschi feels it would be unfair for someone to make an improper platting and throw someone else in violation of a city ordinance. Mrs. Massie stated that her father pointed out at that time that the deed should not be made all the way back to the river. She explained how Animal Control made the measurements. It is in violation of 109 North Beverly. Councilor Kirkham mentioned a similar situation somewhere else in the city. That person had no complaints. Mr. Edmondson stated that in that situation the residents signed a waiver. In this case, the residents are complaining, and they do not want to sign a waiver. Mayor Goolsby noted they have not had a complaint until recently, and that came because of some neighborhood problem. An amendment was moved by Mayor Goolsby to allow the present owner, Mr. J. R. Williams, to continue to keep the horse that he presently owns at 111 North Beverly, as long as he (Mr. Williams) is able to properly care for it, or until such time the horse is disposed of by Mr. Williams. It is noted that when either of these two conditions come to pass, the waiver shall become null and void. Mayor Goolsby stated that he would hope it could be recorded at the court house in such a way that a future owner would know that they would not be able to keep a horse. Mrs. Massie objected that it would put a limi- tation on selling the property. The motion was seconded by Councilor Barenberg. Councilor Kirkham stated that he would like to hear from any of the folks who are in opposition. Ron Plymale, 201 A North Beverly Drive, stated that about two weeks before this started, he went to Mr. Williams about the smell , and the sewage he has been draining into the Wichita River. This is why he turned him in to the Health Department. He stated that the horse gets out of the pen all the time, and that Mr. Williams himself stated that the horse is crazy. It has killed two dogs, several cats, and has tried to get him (Mr. Williams) several times. It will run in circles around the yard. Horse droppings are picked up maybe once a year. The reason they turned him in about his cars was because he had talked to Mr. Williams. The children on Beverly ask him if they can go across his place to the river to fish. He wonders what would happen to the children if the horse got after them. His family is petrified of this horse. His deed states that his property goes to the natural water' s edge. Councilor Buffum asked if the smell comes from the horse or the sewage? Mr. Plymale stated that it comes from the horse. He has been there twenty years. The horse has been there seven or eight years. Councilor Buffum wondered why this situation has not surfaced before? Mr. Plymale stated he tried to be a neighbor. 899 ,Item 10a (Cont'd. ) Mr. Edmondson stated that the Williams property was hooked to the sewer line on June 7, 1988. Councilor Kirkham asked about the cars that Mrs. Massie complained about? Mr. Plymale stated they are now located in Burkburnett; that he did not in- tend to have a car lot there. Mr. Edmondson explained that every time the Health Department has gone out since June 1 , 1988, when they started getting complaints, the pen was cleaned and maintained properly. Mr. Plymale stated they have done this since the complaints were made. Jim Newby, 109 North Beverly, stated that what Mr. Plymale said is true. �He has children, and if they get over by the horse it will hurt them badly. �He further stated that when Mr. Williams cleans the horse pen, he dumps it 1by the campsite along the river. They have to smell it down there. He stated that he does not repair vehicles on his property except about once a month, hand that Mr. Williams tried to help him sell the vehicles. He moved them �when the ordinance was imposed on him. He stated that when the river comes up about ten feet it will wash the waste away. Geneva Lawson, 107 North Beverly, stated that Mr. Newby or Mr. Plymale do not run a garage, nor have a CB shop. There is a bad smell because of the horse. The motion to amend the ordinance failed by the following vote. Ayes: Mayor Goolsby, Councilors Thomas and Barenberg Nays: Councilors Hirschi , Thompson, Buffum, and Kirkham Mr. Edmondson stated that he was not aware of where they were dumping the horse dung until today. The motion for passage of Ordinance No. 80-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Barenberg, and Buffum Nays: Councilors Hirschi , Thompson, and Kirkham Item 10b A proposed ordinance was presented granting an exception to the City' s policy concerning the sale of water outside the city limits to Claude Taylor. A motion was made by Councilor Hirschi , and seconded by Councilor Kirkham, for its passage. Councilor Thomas stated that we have gone through this many times. He has had numerous friends who have requested water outside the city limits, and if we are going to open it up we will be building new water plants, etc. He would vote against it unless they treat all the same. Councilors Buffum and Barenberg agreed, noting the leaving of gaps in the city. Councilor Hirschi mentioned water haulers who may buy city water and sell it outside the city. The City Manager stated that if we were aware of it, we would not sell to them. The motion failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Item 10c ORDINANCE NO. 81-88 AN ORDINANCE AMENDING SECTION 29-114, SUBSECTION (a) OF THE CODE OF ORDINANCES TO PROHIBIT THE PARKING OF LARGE VEHICLES IN RESIDENTIAL AREAS UNDER CERTAIN CONDITIONS 900 Item 10c (Cont'd. ) Moved by Councilor Kirkham that Ordinance No. 81-88 be passed. Motion seconded by Councilor Thompson. Councilor Thompson stated this ordinance is long overdue, and feels we are moving in the right direction. Councilor Kirkham noted that anyone who has had an 18-wheeler park next to their home would be in favor of this. Mr. McKinney explained the intent of the ordinance from the standpoint of a dwelling. Councilor Thomas noted the the problem we have is that a lot of vans, suburbans, and pickups will be wider than seven feet from the tips of mirrors. A truck is not needed, in a residential area, but he would like to see it brought back to one and one-half tons, and commercially registered. He would rather we do this than get into length and width. He would like to see it re-written for more than one and one-half tons, and commercially registered. Moved by Councilor Thomas that the ordinance be amended to provide that vehicles shall be greater than one and one-half tons, and commercially regis- tered. Motion seconded by Councilor Buffum. Councilor Thompson favored including the length and width, also. Counci- lor Thomas stated that a crew cab pickup, Ford or Chevrolet, will measure over twenty feet in length. Councilor Kirkham confirmed that all this per- tains to is parking only on public right-of-way. It could be parked on the driveway. Councilor Barenberg stated that he has received many telephone calls about this, but not one call defending the practice. Councilor Buffum noted concerns from people who have an investment in these vehicles, and he wonders why he has not used the Zoning approach? Mr. McKinney explained that if they just went with Zoning districts, there might be some bonafide businesses which would be affected. Councilor Thomas noted that a commercial registration will address all concerns. Mr. McKinney explained that most complaints have been received from persons on narrow residential streets. He feels measurement should be made at the widest point. He would assume they would enforce this primarily on a complaint basis. Mayor Goolsby noted that activities such as this seem to be the first decline in a neighborhood. Councilor Thomas believes we will find that we have a lot of residential dwellings on state maintained roads. Their regulations are eight feet in width. This is why he believes the ton and a half and state registration would be better. Mr. Berzina stated that he is still bothered about going commercial . He can think of two places where a huge RV has been parked on the street for five or six days. He feels we need assurance that we are not creating a loophole. Councilor Thompson also expressed his concern. City Attorney H. P. Hodge stated that they tried to cover this problem of moving it by stating that it cannot be parked there more than seventy-two hours in a calendar month. The amendment failed by the following vote. Ayes: Councilors Hirschi , Thomas, and Buffum Nays: Mayor Goolsby, Councilors Thompson, Barenberg, and Kirkham Moved by Councilor Hirschi that the ordinance be amended to provide that vehicles be commercially registered or over one and one-half tons, and not greater than seven feet in width. Motion seconded by Councilor Kirkham, and failed by the following vote. Ayes: Councilors Hirschi , Thompson, and Kirkham 901 Item 10c (Cont'd. ) Nays: Mayor Goolsby, Councilors Thomas, Barenberg, and Buffum City Attorney H.P. Hodge stated that Judge Gillen had suggested a change in the Exception paragraph. Moved by Councilor Thompson that the Exception shall read as follows. jIt shall be a defense to this subsection that such vehicle is a motor home, ,travel trailer or recreational vehicle designed for human habitation (exclud- ling mobile and manufactured homes) , and it is parked at such location for no more than seventy-two (72) hours in any calendar month. It shall also be a defense that the vehicle was subject to actual supervised loading or ,unloading of goods or passengers at the time in question, or that the vehicle Iwas being used for street or utility construction or maintenance, or that the vehicle was having emergency repairs made on it. Motion seconded by Councilor Barenberg, and carried unanimously. The motion for the ordinance, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thompson, Barenberg, and Kirkham Nays: Councilors Thomas and Buffum The City Council recessed at 10:50 A.M. , and reconvened at 11 :02 A.M. Item 10d ORDINANCE NO. 82-88 AN ORDINANCE REZONING LOTS 6-16, BLOCK 73, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS, FROM MULTI-FAMILY RESIDENTIAL ZONE TO GENERAL COMMERCIAL ZONE Moved by Councilor Buffum that Ordinance No. 82-88 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10e ORDINANCE NO. 83-88 AN ORDINANCE CLOSING,VACATING,AND ABANDONING A TWENTY-FIVE FOOT WIDE UTILITY EASEMENT PREVIOUSLY RETAINED BY ORDINANCE 2173, IN BLOCK 74, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS Moved by Councilor Kirkham that Ordinance No. 83-88 be passed. Motion seconded by Councilor Hirschi , and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10f A proposed ordinance was presented rezoning a 9.26 acre tract of land at 4108 Old Iowa Park Road. A motion was made by Councilor Kirkham, and seconded by Councilor Barenberg, for its passage. 902 Item 10f (Cont'd. ) C. E. Henry, 5001 Della, explained that he was turned down by Planning and Zoning, and he will now have to build a fence. One of his hobbies is buying and selling hubcaps. He has had this hubcap fence for many years. He requested that this portion of the fence, which fronts the Iowa Park High- way, be permitted to remain, and he will build the remainder of the fence. It was noted that the request for waiver of fencing requirements would have to be postponed. Councilor Thomas requested that it be placed on the next agenda. The motion for passage of the ordinance failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Item lOg ORDINANCE NO. 84-88 ORDINANCE MAKING AN APPROPRIATION FROM SANITATION FUND EQUITY FOR THE PURPOSES OF CONSTRUCTING A LANDFILL LINER Moved by Councilor Buffum that Ordinance No. 84-88 be passed. Motion seconded by Councilor Hirschi . Councilor Thomas asked about other alternatives, and Mr. Bonnett stated that the only thing was mass burn, which is very expensive. He stated that the reason we can go with a pervious liner is because of our impervious soil . The question was called, and it carried unanimously. The motion for passage of Ordinance No. 84-88 carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas , Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10h ORDINANCE NO. 85-88 ORDINANCE APPROPRIATING $56,000 FROM GENERAL FUND REVENUES TO THE PERSONNEL/EQUAL EMPLOYMENT OPPORTUNITY (EEO) DIVISION IN THE GEN- ERAL FUND Moved by Councilor Barenberg that Ordinance No. 85-88 be passed. Motion seconded by Councilor Thompson. Councilor Thompson agreed with hiring the investigator, clerk, and two interns. Mr. Berzina explained that they hope to hire the two interns from the MSU graduate program. Councilor Thompson hoped they would receive a full range of experience from the city. Councilor Barenberg noted that a trained investigator is needed. The Feds will pay $400 per solved problem, providing it is really a problem. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None 903 Item l0i ORDINANCE NO. 86-88 ORDINANCE APPROPRIATING $23,000 FROM THE HOTEL/MOTEL FUND EQUITY FOR PURPOSES OF PURCHASING A MODERN SELF-CONTAINED SERVING CENTER AT THE ACTIVITIES CENTER Moved by Councilor Thomas that Ordinance No. 86-88 be passed. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 10j A proposed ordinance was presented appropriating funds for purchase and installation of an additional pump for the waterfall . A motion was made by Councilor Barenberg, and seconded by Councilor Thompson, for its passage. Mr. Bonnett explained the pump operation, stating that a breakdown would take 90 days to get it replaced. The second pump would cost $23,000, but the biggest cost is tapping into the pressure main and check valves. Discus- sion continued on drawing water from the river with a manual valve, and other matters. A motion was made by Councilor Thomas to table the matter for further staff study, but it died for lack of a second. The motion for the proposed ordinance failed by the following vote. Ayes: None Nays: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Item lla RESOLUTION NO. 142-88 RESOLUTION DETERMINING NECESSITY TO ACQUIRE PROPERTY FOR FILL AND TEMPORARY CONSTRUCTION AREAS FOR PHASE II OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AU- THORIZING PURCHASE OR CONDEMNATION Moved by Councilor Hirschi that Resolution No. 142-88 be passed. Motion seconded by Councilor Kirkham. Councilor Buffum confirmed that this is a 48-month easement, but we are turning back the property to the owner in better condition than when we got it. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, and Kirkham Nays: Councilor Buffum Item llb RESOLUTION NO. 143-88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PARCELS #65-A, i 904 Item llb (Cont'd. ) #63-A, #67-A, AND #69-A FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PUR- CHASE OR CONDEMNATION Moved by Councilor Kirkham that Resolution No. 143-88 be passed. Motion seconded by Councilor Hirschi , and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item llc RESOLUTION NO. 144-88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASE- MENT ON PARCEL #69 OF THE HOLLIDAY CREEK PROJECT, SETTING JUST COM- PENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Thompson that Resolution No. 144-88 be passed. Motion seconded by Councilor Hirschi . Councilor Hirschi asked about the status of the condemnation, and Mr. Hodge explained that it is at a pending stage at this time, to see what the final construction cost will be. Mrs. Chasteen stated that they have some plans on this. Discussion was held on where it is going through the Country Club. The City Manager explained that they are not digging up anything ex- cept the existing easement. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lld RESOLUTION NO. 145-88 RESOLUTION ENDORSING A PUBLIC-PRIVATE COOPERATIVE EFFORT FOR THE DEVELOPMENT OF A MODERN LIBRARY FACILITY Moved by Councilor Hirschi that Resolution No. 145-88 be passed. Motion seconded by Councilor Barenberg. Charles Olson, member of the Library Advisory Board, stated that he has received tremendous response for a public/private effort. Mr. Berzina addressed the possibility of them raising funds, and we decide not to build a 60,000 foot library. They could perhaps use the funds to purchase books. Mayor Goolsby urged that they seek pledges only, or tell contributors that it may be used for books. Mr. Olson would prefer to get a contribution for the library. Councilor Barenberg stated that it should be made very clear that the donations are for the use of the library in some capacity; not necessarily for building a library. Councilor Thompson was concerned that the Council has not yet said it would be presented to the voters, and the voters also have not said it. Councilor Barenberg noted that the practicality of fund raising is that if you started calling on or- ganizations for pledges, it would be at least eighteen months before you had the money. Councilor Thomas stated that it only encourages the people who are work- ing on this fund raiser, and feels this is the second step in providing a good library. Councilor Buffum noted that perhaps we have not allowed a 905 Item lld (Cont'd. ) sense of direction, but this is encouragement for people to go out and raise money. Mr. Berzina was concerned that people who are going to give will think it is going for a new library, and we have not yet made that decision. We need to be very clear that if they give money to Friends of the Library, it may go to purchase books. Councilor Hirschi stated that somebody has to take the first step in testing the market. We may have to take the gamble, but make it clear that donations may be used for other than a library build- ing. Moved by Councilor Buffum that the phrase "by providing an approximately 60,000 square foot building" , be struck from the resolution. Motion seconded by Councilor Barenberg. Mayor Goolsby stated that he believes every member of this Council feels very positive about the need for improving the library. His only concern is that if we get a lot of money on our hands and the people turn us down. He supports the amendment. The amendment carried unanimously. The motion for passage of Resolution No. 145-88, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item lle Discussion was held on a proposed resolution establishing the name of the library as the Wichita Falls Kemp Public Library. A motion was made by Councilor Barenberg, and seconded by Councilor Hirschi , for its passage. Councilor Thomas noted that he sees nothing changing if they put Wichita Falls in front of the name. It was given to the citizens of Wichita Falls. Councilor Barenberg feels we will be doing a real disservice to the board and friends of the library by going against their wishes. He favors the name change. Councilor Hirschi stated there was a majority, but not unanimity in changing the name of the library. Just because a board makes a recommenda- tion we do not always have to go along with their wishes. He pointed out that all of our schools in Wichita Falls are named after citizens of note in early days. When he sees what the Kemp and Kell families are still doing in Wichita Falls, to go against their wishes is showing rather callous atti- tudes about what has been done in the past. It might discourage future gifts by prominent citizens. Moved by Councilor Hirschi that the resolution be amended to change the name of the library to Kemp Public Library in Wichita Falls. Motion seconded by Councilor Buffum. Mayor Goolsby explained that he was involved in a visit to an 88 year old lady, who is a member of the Kemp family. Generally speaking, they had a feeling of understanding for Mrs. Kemp of her desire to do this. He com- mended the library board for what they are doing, stating that he supports the amendment. Councilor Kirkham stated that he had had numerous people call him in opposition to changing the name. This should in no way reflect that we are not supportive of the library board. Councilor Barenberg finds the amendment perfectly acceptable. Councilor Thompson also agreed. The amendment carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thompson, Barenberg, Buffum, and Kirkham 906 Item lle (Cont'd. ) Nays: Councilor Thomas The motion for passage of Resolution No. 146-88, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 12a Moved by Councilor Thompson that the bid for non-exclusive soft drink vending contracts be awarded to Dr. Pepper Bottling Company at a 40 cents level , and to Wichita Coca Cola at a 50 cents selling level . Motion seconded by Councilor Barenberg. Councilor Buffum asked about the consumer' s idea of going from 35 cents to 40 and 50 cents. Mr. Berzina stated that this seems to be acceptable to the staff. It has to be set this high for the City to make any money. We get $17,000 per year on this concession. Miss Houseworth stated that neither company would bid non-exclusive unless their prices are these amounts. The motion carried unanimously. Item 12b RESOLUTION NO. 147-88 RESOLUTION AWARDING BID FOR THE CONSTRUCTION OF THE WEEKS PARK GOLF COURSE MAINTENANCE BUILDING Moved by Councilor Thomas that Resolution No. 147-88 be passed. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas , Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 13a Moved by Councilor Thomas that $2,000 from hotel/motel tax be approved for the Red River Shootout and doubles bowling tournament. Motion seconded by Councilor Barenberg. Jim Land, owner of Falls Bowl , estimates that this will bring in five hundred persons. The motion carried unanimously. Item 13b B. D. Lane, 4610 Mistletoe, discussed the water bill being connected to the sewer bill . He suggested that they use the months of November, Decem- ber, January, and February if they continue this practice. Councilor Barenberg commented that he had received many phone calls from his district. He looked into the rate situation, and agrees that it is skewed to the people who have more money. Mr. Lane stated that the lady in the water department said that the 907 Item 13b (Cont'd. ) reason the Council did this was because they needed more money. Mayor Goolsby noted that he is not sure the lady knew exactly why the Council did it. Mr. Berzina stated it is a utility enterprise fund, and you set the rates for the amount of money you will need. He is not aware of any changes which are going to be made. The people who have separate meters are paying $10 standby just to have it. Unless the Council changes it, it will stay where it is. Further discussion continued. Councilor Hirschi mentioned a rate study, and Mr. Berzina stated that the next time a study is done, they will look at it. Councilor Thompson requested that when a rate study is done, that Mr. Lane' s request of a letter of explanation to the citizens of what the rate was , what it is now, and what it will be when it is changed, be consid- ered. Mayor Goolsby stated that it will be taken into consideration at the time the next rate study is made, but none is underway now. Nothing was considered under Item 13c. In Item 13d, the City Manager passed out information on the costs of Fallsfest by the City. Item 13e The City Council recessed into executive session at 1:00 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. They reconvened at 1:20 P.M. , and immediately adjourned. PASSED AND APPROVED this day of 1988. Perry G olsby, Mayor ATTEST: It A WilmaJ. Th mas, CMC/AAE City Clerk