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Min 03/01/1994 499 Wichita Falls,Texas Memorial Auditorium Building March 1 , 1994 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: Michael Lam - Mayor Leon Mallonee - Councilors Terrance E. Loughry - Angus Thompson - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Paul Hughes - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. David A. Barnes, New Life Cathedral. Item 3a Captain Walter J. Berend, Fire Department, was honored as Employee of the Month for March. Mayor Lam presented him with a plaque, City of Wichita Falls pin, a check, bus tickets, and tickets to dinner. Mayor Lam proclaimed March as "Parent-Child Communication Month" , and "Adult Literacy Month" , and March 21 , 1994 as "Single Parent Day" . Item 4 Moved by Councilor Thompson that minutes of the meeting held February 15 , 1994 be approved. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays : None Items 5a-6g Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes : Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None 500 Item 5a RESOLUTION NO. 24-94 RESOLUTION TO AWARD BID TO POTEET, INC. FOR RELOCATION OF SANITARY SEWER LINE FOR MPEC CONSTRUCTION Item 5b RESOLUTION NO. 25-94 RESOLUTION TO AWARD BID TO EAST FABRICATORS, INC. FOR TWO ANHYDROUS AMMONIA BULK STORAGE TANKS Item 5c RESOLUTION NO. 26-94 RESOLUTION AWARDING CONTRACT FOR PURCHASE OF SUMMER FLOWERS FOR PARKS AND MEDIANS Item 6 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners - February 10, 1994 b. Water Resources Commission - February 4, 1994 c. Lake Wichita Study Committee - February 1, 1994 d. Planning and Zoning Commission - January 12, 1994 e. Landmark Commission - December 9, 1993 f. Landmark Commission - October 27, 1993 g. Zoning Board of Adjustment - October 20, 1993 Item 7a A public hearing on approving the program description and application for HOME Investment Partnership Funds. Dave Clark gave a brief overview of the HOME Program. This is a $490, 000 federal program for the community which is in its third year. It assists first time home buyers with such items as downpayment and closing costs. The principle aspect is rehabilitation for private homes in the community. Federal requirements are the participation of a Community Housing Development Organization, which is a non-profit entity that is qualified on several different points that provides housing opportunities throughout the City. The program has a 12 1/2 percent match, which could be achieved through administration of the program in the designation of properties, for example, the Urban Homestead Program. Mayor Lam declared the Public Hearing open. Councilor Martin commented that he thought it was a great program. No one else desired to be heard and Mayor Lam declared the public hearing closed. Item 8a ORDINANCE NO. 19-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 3140 SUBSECTION 5 OF THE ZONING ORDINANCE WITH RESPECT TO FRONT SETBACK TO ALLOW A FIFTEEN ( 15 ) FOOT SETBACK ON A PORTION OF LOT 6, BLOCK 10-C, CBS ADDITION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 19-94 be passed. 501 Item 8a, cont 'd. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8b ORDINANCE NO. 20-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REPEALING SECTION 20-23 OF THE CODE OF ORDINANCES AND AMENDING SECTION 5500 OF THE ZONING ORDINANCE TO PROVIDE FOR THE REGULATION OF SEXUALLY ORIENTED COMMERCIAL ESTABLISHMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 20-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8c ORDINANCE NO. 21-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING ALL OF BLOCKS K & P, LOT 31 AND LOTS 46 THROUGH 52, BLOCK J, R.E. MONTGOMERY SUBDIVISION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY-2 RESIDENTIAL (SF-2) TO RIVER DEVELOPMENT DISTRICT (RDD) ; AND REZONING LOTS 1 THROUGH 16, BLOCK J, R.E. MONTGOMERY SUBDIVISION WICHITA FALLS, TEXAS, FROM GENERAL COMMERCIAL (GC) TO RIVER DEVELOPMENT DISTRICT (RDD) CASE R 94-03 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 21-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8d ORDINANCE NO. 22-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTHWEST SIDE OF SEYMOUR HIGHWAY ADJACENT TO THE SOUTHEAST LINE OF LOTS 106 , 107 AND 108-A, CANYON TRAILS, SECTION ONE. Moved by Councilor Martin that Ordinance No. 22-94 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. 502 Item 8d, cont 'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin and Hawkins Nays: None Item 9a RESOLUTION NO. 27-94 RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT IMPROVEMENT FROM THE DEPARTMENT OF THE NAVY FOR THE PROPERTY AT 1823 FIFTH STREET AND AUTHORIZING HIM TO ENTER INTO A LEASE AGREEMENT FOR THE PROPERTY WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES Moved by Councilor Martin that Resolution No. 27-94 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9b RESOLUTION NO. 28-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE SOLD BY SEALED BIDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Resolution No. 28-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9c RESOLUTION NO. 29-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE APPLICATION OF FFY 1994 HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS UNDER THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 29-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None 503 Item l0a RESOLUTION NO. 30-94 RESOLUTION APPROVING THE AWARD OF BID AND CONTRACT FOR THE CDBG WOOLWORTH BUILDING DEMOLITION PROJECT. Moved by Councilor Martin that Resolution No. 30-94 be passed awarding the bid to Mote, Inc. , Wichita Falls, Texas, in the amount of $78 ,470 . 00 Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10b Moved by Councilor Martin that the bid for fifteen ( 15 ) Police radar units be awarded to Kustom Signals, Inc. in the amount of $1, 195 . 00 plus shipping charge of $15 . 00 per unit, for a total bid amount of $18,150 . 00 . Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10c Moved by Councilor Thompson that the bid for twelve ( 12 ) police radios be awarded to Ericsson G.E. Mobile Communications, Inc. c/o Bob' s Communications Sales, Wichita Falls, Texas, in the total amount of $18 , 060. 00 Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item lla A discussion was held on the traffic control devices in the downtown area. City Manager commented that certain lights had been taken out which may or may not pose an inconvenience to people that have to travel through. The City has always, in taking these lights out, tried using a trial period to see what the impact would be. City Manager called on Mr. Bob Parker to give background information on this situation. Mr. Parker informed that this has been an ongoing process for the past ten years, and many intersections have been evaluated. Forty-four signal lights have been taken out in that same period of time, and four have been added. This is done in accordance with City law, Section 2969 which states that he must conform to the provisions of State law of this chapter and that he must follow the State manual to evaluate these intersections, and that is what he did. This State law also applies to Section 31 of 6701 d, which is the State law that authorizes the City to put any device on their streets under their jurisdiction, as long as those street control devices shall conform to the State Highway Department' s Manual and Specifications. Once the traffic counts are done and verified by the State Highway Department then it is out of his hands , the 504 Item lla, cont'd. State and City law take over and they are bound to follow State and City law. Mayor Lam requested that Mr. Parker give a brief overview of the specific intersections of concern this morning. Mr. Parker stated that the main intersection was 13th and Indiana, which reflected a volume of traffic, from all directions for a 12-hour period, at 2963 cars. To give an analogy of how that relates to another intersection, Mr. Parker stated that Ave. L and Kemp would do the same thing in one hour and 40 minutes, and they do not have a traffic signal because they do not meet the warrants. It is a low volume street. Other intersections - Lamar and 12th, 13th, and 14th are basically the same. The numbers are a little bit higher but none met the warrants listed in the package provided to Council. None of the intersections downtown even came close to meeting a warrant for one hour, let alone the hours specified in the manual. Mayor Lam asked which lights had been taken out. Mr. Parker responded that lights had been taken out at Lamar and 12th, 13th and 14th, at Scott and 12th, 13th, and 14th, and at Indiana and 6th, 12th, and 13th. Mayor Lam asked if anything had been taken out at Emanuel Davis Overpass. Mr. Parker stated that signals were still up at Emanuel Davis Overpass and Indiana, at Emanuel Davis Overpass and Scott, at 7th and Indiana, at 7th and Eastside, and at Lincoln and Eastside. Mayor Lam opened the discussion for concerns and comments from the public. Rev. Billy Delaney, Minister, St. John Baptist Church, 1009 Flood Street, has been a citizen of Wichita Falls for 27 years. He has served as one of the executive members of the Eastside Interdenominational Ministerial Alliance. Rev. Thomas Simon is President and is present in the audience. Rev. Delaney commended the Council for the direction they have steered the City of Wichita Falls. He stated that he was not here to dictate to the Council how to govern and how to run the City of Wichita Falls, but to express the hurts and heart aches and pains of his people. I recognize that we are all very busy people and we have a great deal of respect for each of you. I am in a situation that none of you have had to face. A situation where we have encouraged our people to vote for Wichita Willie, (Kell Freeway Project) , and the Multipurpose Event Center; but when the lights were removed from 13th Street exiting from Kell Freeway going toward Holliday and Broad, it was like the resurrection of the old railroad tracks in the yesteryears. He travels 13th Street ten to twelve times a week and it is an inconvenience and a danger and it hampers the smooth flow of returning to his community. He was almost hit by a car on Lamar and 14th Street. Also, yesterday there was an accident at 12th and Scott Streets. He reminded Council of waivers granted on easements at the last meeting and this morning. He stated that they had been cut off from the main segment of Wichita Falls for a long time. He said that it hurts them economically and it hurts them in many other ways when the City removes signal lights that inconvenience, endanger and make it difficult for church people to worship where they serve. Rev. Delaney presented to the City a petition from church going people representing 20 churches or more on the Eastside. He stated that there were 825 signatures and that number could be quadrupled. (For the record, the City Clerk counted 119 signatures on the petition submitted to her. ) Rev. Delaney read the petition which is filed in the City Clerk' s Office. Rev. Delaney stated that what they are asking is that the Council waive the law and make it convenient for them to enjoy Kell Freeway as all other citizens enjoy Kell Freeway. He mentioned Mr. Parker ' s report, and mentioned that it is an inconvenience in the morning hour, the noon hour and in the afternoon time when people are leaving downtown. He also mentioned that when Kell traffic is flooding, you are at risk of being hit by a car. He mentioned Lamar and 13th Street, that the Times Record News 505 Item 11a, cont'd. building blocks view of traffic to the left, and a portable shed to the right obstructs view when crossing there. Rev. Delaney continued that the driver to your left actually becomes a substitute light. He said that they are asking the Council to give this serious reconsideration and just as they have waived laws for others that they do what they can to waive such an endeavor to make it convenient for the Eastside to enjoy access to Wichita Willie, which they voted for and supported. He concluded that when MPEC opens, this means an increase in traffic on Scott, Indiana and other streets in that area, therefore, increasing danger, difficulty and delays for them to get to the major portion of the City. Mayor Lam asked Rev. Delaney what their specific areas of concern were. Rev. Delaney responded that specifically 13th Street going west, across Indiana, Scott, and Lamar Streets, three signal lights. Two signal lights returning at Lamar and Scott Streets, for a total of five signal lights. Rev. Delaney questioned as to why the signal lights were being removed --- lack of funds or being utilized in other areas of the city? Mayor Lam responded that it was not economic, and that they were not being put in other areas. Those areas did not meet State criteria after the count and that is why the signal lights were removed. Rev. Delaney re-emphasized that these be waived as other matters have been waived. Rev. Thomas Simon, President Eastside Ministerial Alliance, asked Mr. Parker where these lights were going to be stored. He also referred to Mr. Parker' s overview and commented that he had completely disregarded Scott Street which is the busiest among the three streets being addressed, and that was where the problems are now. In addition, Scott Street is a Business 287 Highway and it is busy even now and when other activities come downtown you will have more traffic there and Mr. Parker did not address that. Rev. Simon stated that he had been told that the lights which came off 7th and Lamar were out somewhere on S.W. Parkway. Mr. Parker responded that the same criteria applies to Scott St. , Indiana St. and Lamar St. and none met the warrants for the 12 hour period as required. The traffic signals are in storage in the Denver St. barn, and there is about a 20 year supply counting the 40 plus intersections taken out. There are no plans now for those lights; the only plans now that he is aware of are State plans to put up one signalized intersection but that is done with State funds and State equipment. The City does not do Southwest Parkway. Bruce Preston, 1618 Celia, Wichita Falls, Texas, District Traffic Engineer for Texas Department Of Transportation. Mr. Preston stated that regarding the traffic lights in question, the 12 hour counts were given to him by Mr. Parker, and he ran them through his computer, of which he has the only warrant study analysis here in the city, and returned them back to Mr. Parker with recommendations on what the warrant studies were. Mr. Preston informed that the study was done by his office and it is a federal highway administration program, not a city or state written program. The Federal Highway Administration created a manual of uniform traffic control devices in 1965 and the State of Texas adopted it. The State went one step forward and created their own book of which basically has every FHWA requirement in there and it goes one step or two steps beyond. The State of Texas Manual is under revision again and the FHWA will most likely adopt it as their national manual. The 12 warrants eluded to by Mr. Parker are written in this manual (Sec. 6701 d) . What can be done with those civil statutes is that the City can agree with them or they can go one step beyond but can never go less than the law requires. Councilor Hawkins asked if the City would lose federal dollars if the lights were put back up. Mr. Preston addressed the 13th and Indiana intersection by stating that it was an off ramp from a State facility. The State does not have maintenance of those signals 506 Item 11a, cont 'd. because the State has an agreement with the City to maintain those signals for the State. The legal placement rests with the traffic engineering being run. It has to meet one of the 12 warrants which are very explicit but there is wide open location for that. He mentioned the different warrants. Mr. Preston mentioned that what needed to be addressed was the situation at the present and if the need arose to make changes where one of these 12 warrants was met then that could be addressed at a later date, if needed. The law requires that if a traffic signal in place no longer meets warrants, which is reflected by the figures on the study three years ago, they must be removed. Councilor Thompson asked Mr. Preston to look at his argument. If you are right about the amount of traffic, why do we have traffic lights going north and south on Austin and 5th, Lamar, and Burnett where houses have been torn down. If Mr. - Parker is correct that none of the lights warrant in the downtown area, why do we have lights in those areas. Mr. Preston responded that those traffic signals should be checked again. He stated that he and Mr. Parker have discussed those signals at 5th and Travis and Burnett, but a date has not been set to do those counts. Mr. Preston said that a traffic warrant study was sent to him to run a warrant analysis and he ran it. The warrant study has to be run to see if the numbers originally submitted were correct. Councilor Hawkins asked who in the City has the authority to determine whether a traffic count is done. City Manager replied that it was the Traffic Department Engineer Bill Parker. Councilor Hawkins questioned if he had signed off on this. City Manager replied that he did not believe he did. Councilor Hawkins commented that it was something a department head did without Council approval. City Manager stated that the overriding consideration here is not the jurisdiction of the Council it is the jurisdiction of what Council approved, and it seems to be the point no one wants to recognize. It is the State law and federal law we have adopted. It isn' t a matter of whether the signals should be there by popularity count but whether they meet the law and our charge is if they do not meet the law then to do as Mr. Preston says and gather the information and have a neutral party analyze it and we come up with the conclusion. You have already taken that action and if you hope to be involved with any federal funding you have to accept the state and federal standards, or if you hope to be in legal compliance, which has not been discussed. What is the responsibility or legality of ill-placed signals and that is what Council anticipated years ago by adopting certain standards that are defensible in court and in practice. To say that they are illegally taken down misses the mark because what you are saying is that you want us to sometimes enforce the ordinance and to sometimes not enforce it. Councilor Hawkins stated that we have a city engineer who is the traffic engineer also and he was not consulted on this. The State did not come and ask that these counts be made; this was done by the Department of Transportation of the City of Wichita Falls. City Manager replied that he had asked Mr. Bob Parker' s Department to basically be in charge of those activities needed to find out if an intersection meets or does not meet the warrants. Mr. Bill Parker does not have the staff to go out and make the counts, that is under Bob Parker ' s operation. The counts were made and they speak for themselves. City Manager informed that the Charter allows him to split duties where he wants to assign them. Mr. Preston explained the process of a warrant analysis. Councilor Thompson mentioned the words ' farm to market road' and 'state highway' which are in the manual, and he believed that the manual was referring to open spaces, not where trucks are parked on streets nor where buildings near intersections block the traffic view. He stated that nothing in the manual dealt with trucks or buildings. Mr. Preston replied that the statute does deal with parking requirements and minimum distance towards intersections which have to be accomplished. 507 Item 11a, cont'd. He said that he had personally driven those locations to see if that had been taken care of, and in his estimation the intersections had been cleared as far as the legal parking requirements. There are zones of site distance that have been improved by the City. Whether the citizen abides by those zones by site distances is not a requirement of the State or Mr. Parker. We cannot drive for them, if they choose to disobey the law and park in a restricted location, that is their choice. He explained about stop signs and stop bar requirements. He mentioned that probably the State will recommend that there be an all way stop sign placed at 13th and Indiana. Mr. Preston states that there was not enough traffic there to warrant a traffic signal. Councilor Thompson commented that Eastside residents feel as though their lives are at stake and that they are endangered by crossing those streets. He said they felt as though it was a slap in their face on the part of members of City staff and those they have supported in the downtown effort and that they are not going to stand for it. Mr. Preston responded that he understood what Councilor Thompson was saying, but that he does not make the decision on where traffic counts are made. He stated that additional traffic control measures would be provided to ensure that the traffic signals would not be missed or needed. He suggested to the City that the intersection be made a three-way stop. Councilor Hawkins asked about the site distance problem. Mr. Preston quoted the Texas site distance law. Councilor Loughry questioned the legality of the traffic count out there, and whether it was necessary. City Manager stated that if Councilors did not want staff to make the counts then they would have to rescind the ordinance. Staff follows the ordinances, but you are asking staff to take a tenuous position by making political decisions as to which intersections to monitor. Frankie Durkee, 1010 Harding Street, mentioned that the City was a home rule city, and she wanted to know what the plan was. She stated that the City is eliminating the eastside from the rest of Wichita Falls. She wanted to know what the hidden agenda was for isolating the eastside. She was concerned about the 13th and Indiana intersection and requested that the City consider doing what was right. Giola Ozuna, 1309 Giddings spoke about the traffic on 11th and 7th Streets and the drugs. Diane Alexander, 1828 Adrian Avenue, mentioned the safety factor involved in removing traffic signals and the boxing in of the eastside. She felt that not enough information was provided by Mr. Parker regarding this study and she mentioned that no one would say who had asked for the traffic survey. Ms. Alexander commented that if a study is going to be performed it should be done properly and by the law from beginning to end. She said that we should not allow special and select people getting together in the midnight hour to make decisions for the majority. Mayor Lam took exception to ninety percent of what Ms. Alexander stated. He said the City was not trying to alienate the eastside. Sometimes we do not like the rules but we are trying to get the situation resolved. Ms. Alexander said they wanted to know who asked for the study. City Manager stated that no one had asked for the studies; you can tell when studies are needed and they are done. Mayor Lam commented that the staff is doing its job in a progressive manner. Mayor Lam stated that the studies were done because the City passed an ordinance that we would be under and meet requirements of the State Highway Department, which are governed by the Federal Highway Department. We have the obligation under 508 Item 11a, cont 'd. those ordinances to do that. We are doing those studies in a progressive way and as we see the need. Councilor Martin stated that we are forgetting one thing and that is that staff is following ordinances that the Council has adopted and to change that we have to change the ordinances. We are following the law. Rev. Lubin Moise, Gilbert Memorial C.M.E. Church, 602 Welch, is a new citizen in the United States and in Wichita Falls, and he stated his concerns about the intersections. He asked the Council to listen to the concerns of the eastside and to make it better for them, and he asked for their help. Mayor Lam asked advise from the City Attorney. City Attorney stated that under the 12 warrants that were discussed there was not much latitude. He stated that the problem we would have, if Council authorizes the installation of a signal light that does not meet warrants of the State Traffic Code, would be enforcing that traffic control device at that intersection. He said that anyone could challenge the legality of the erection of that device, we would have problems in municipal court. His concerns are enforcement. There are three options: 1 . Installation of stop signs. 2 . Reinstallation of signal lights with enforceability problem. 3 . Leave the traffic control devices removed as they currently are. Councilor Hawkins addressed the cross bar situation on 13th Street. Mr. Parker and Mr. Preston answered several questions regarding stop cross bars. Mayor Lam asked Mr. Preston what the position of the local office of the Texas Department of Transportation would be regarding the reinstallation of traffic signals at the locations discussed today. Mr. Preston responded that the State would not only ill-advise placement of traffic signals in an unwarranted location, but would stop the City from placing that location on the State System. Councilor Mallonee asked about doing another count. Mr. Preston responded that that would be in order but it would not be done until April because of adverse weather conditions. Councilor Thompson asked about the painted stop cross bar at 13th and Indiana. Mr. Preston stated that that location did not have a painted cross walk. The way it is marked is the way he suggested to Mr. Parker to mark it. Mr. Thompson asked if citizens could appeal to the State Department of Transportation. Mr. Preston said they could request it of the City Council and they would perform counts on state highway systems only, but not on City streets. Councilor Loughry mentioned that the Eastside Revitalization Committee and the Traffic Safety Commission were not contacted about this. He stated that Mr. Parker had not been attending these meetings and he said that Mr. Bill Parker needed to be contacted to attend these meetings. He mentioned that a traffic count did not need to be taken. He said that good traffic judgement was not used. David Williams, 1419 Rosewood, stated his concerns about the traffic study and suggested to use a video to see the dangers in those locations. He asked the Council to consider changing this situation. Wayne Ritchie, Pharmacist, consults in the eastside at one of the nursing homes and utilizes the off ramp of 13th and Indiana on a monthly basis. He believed the idea of three stop signs on the westbound traffic was a good solution for that location. Councilor Martin questioned Councilor Loughry if it takes an actual civil or traffic engineer to do the actual traffic 509 Item 11a, cont'd. counts, to which Councilor Loughry replied that it does not. Councilor Martin commented that Councilor Loughry' s accusations regarding the staff were off base since the information was given to a traffic engineer to analyze. Councilor Martin stated that we have an ordinance which we are following unless we choose otherwise. If we choose not to follow that ordinance we will be losing a lot of our support and other things such as state and federal support. He mentioned the three options open to the Council and suggested that we leave things as they are and give it a test period. Councilor Thompson suggested that the cross bar be moved back behind where the sidewalk would be and make it a sidewalk. Mayor Lam asked if it was a State light and the response was yes. Mayor Lam then commented that the State was not going to sanction that light. Councilor Hawkins asked if they could request that a traffic light be placed there if they followed Councilor Thompson' s suggestions . Mr. Preston replied that they could request a traffic count. He stated that if the City reinstalled lights there they would be in violation of State and Federal law. His final answer was no, the traffic light would not be allowed to be reinstalled. An Ordinance was presented authorizing the erection and installation of traffic signal lights at certain intersections in the downtown area. Moved by Councilor Thompson that this ordinance be passed with the installation being at the following intersections: 13th and Indiana Streets 13th and Scott Streets 13th and Lamar Streets 14th and Scott Streets 14th and Lamar Streets Motion seconded by Councilor Hawkins. Councilor Hawkins commented that he could not vote to reinstall those lights contrary to State law. He stated that a staff member had usurped the authority of another in authorizing the study. He continued that there had been no motion or direction given for this action, but regardless, it had been done. He held the City Manager responsible for this since the staff member works for him. Councilor Loughry stated that the man in charge did not read up on his manual, in that equal traffic could require a stop sign, but we did not put it in. He also held City Manager responsible for it. He said he also could not vote in favor of the Ordinance. City Manager responded by stating that it was completely false and misleading to say that by leaving the lights up would have circumvented this problem once the counts were taken and once the lights had been shut off. He accepted responsibility for the management situation. He commented that this was a personal attack on Bob Parker. City Manager stated that the staff is used the best way possible, and Mr. Parker has done this job correctly and according to the law, although we may not always like it. Some of you want to pick and choose those areas to enforce ordinances based on personal reasons. Councilor Martin stated that three years ago he asked for a study to remove some traffic lights downtown and for coordination of Scott Street and no one objected to that. Now we are being asked to do something illegal when we are following the law. Councilor Thompson made an appeal to the Council to vote for this motion, and said that the eastside residents feel like victims of circumstance. 510 Item lla, cont 'd. Motion failed by the following vote: Ayes: Councilor Thompson Nays: Mayor Lam, Councilors Mallonee, Loughry, Martin, and Hawkins An Ordinance was presented authorizing the erection and installation of stop signs at certain intersections in the downtown area. Moved by Councilor Mallonee to pass this ordinance with installation being at the following intersections: 13th and Indiana Streets 13th and Scott Streets 13th and Lamar Streets 14th and Lamar Streets 14th and Scott Streets 12th and Scott Streets Motion seconded by Councilor Thompson. Councilor Hawkins questioned the authority of the City to place stop signs on Scott Street which is a State road. Mr. Preston replied that the City does not have the authority to place stop signs on Scott Street. In addition, he stated that the ordinance is vague as to its intent. Moved by Mayor Lam that the Staff, City Manager, Director of Transportation, and City Traffic Engineer meet with the State Highway Department and bring back possibilities to the Council in two weeks regarding placement of stop signs in the areas of concern being discussed today, of what the City can legally do and not do, and the State ' s responsibility. Motion seconded by Councilor Hawkins and carried by the following vote. Councilor Thompson requested that a member of the Ministerial Alliance be present at this meeting and that time be extended to allow them to obtain legal counsel if necessary. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item llb Moved by Mayor Lam to change the date of the City Council Meeting from March 15, 1994, to March 16, 1994 , at 7: 00 P.M. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Mayor called for a ten minute recess at 11 : 30 a.m. Meeting resumed at 11 : 40 a.m. Mayor Lam had a previous engagement and was not present. Councilor Mallonee presided as Mayor Pro-Tem. Item llc Harold Blow, 1408 Normandy, referred to Mayor Lam' s comment to Ms. Alexander. He believes in people having the right to say 511 Item llc, cont'd. whatever they want to say, and he was very disappointed at the way he spoke to Ms. Alexander. She stated her opinion and whether I agree with her or not it is her right. He said he didn' t want the City Council or anybody else trying to intimidate somebody for saying what they feel. Giola Ozuna, 1309 Giddings , complimented the City staff on their demeanor today because it was very difficult, and it was very difficult for the Council also. She said that the law was made for man not man for the law. Kevin Holloway and his wife Laurie, 96 Becky Dr. , Wichita Falls, 76305 . Mr. Holloway said he was infected with the AIDS virus and that his wife was infected with the HIV Positive virus. He spoke of the positive changes in their lives as a result of this virus. He said they wanted to make a contribution to our community and they wanted to be accepted. He said they were appreciative of all the things the community provided for them. They would like assistance in exploring ways to stretch the funding available to them, such as moving services for AIDS patients to the Family Practice Residency. He suggested an AIDS support center. He said all this will benefit the community as a whole. Item lid Councilor Loughry requested that the street light at the intersection of Wrangler and City View Drive be checked. He asked that the Wichita River be checked for cleaning along Loop 11. He asked that Council consider naming MPEC buildings after surrounding towns, such as Burkburnett, Iowa Park and Electra. Councilor Martin informed that Early Voting for the March 8 , 1994 Primary Election will end March 4 and he gave Early Voting locations. He requested that utility companies publicize where bills can be paid by the citizens. He mentioned the detention home for non-violent offenders which is to be located in the south part of town, and said he was opposed to placing this facility in a residential area. He informed about a public meeting to be held March 9 at the North Texas Planning Region Center on Jacksboro Highway to discuss this facility. Councilor Hawkins asked when they would be getting sewer study reports, and Mr. Bonnett replied that it would be about three months before any preliminary data would be received. He asked why the police and fire instructors, since they are state approved and certified, were not being utilized to write the civil service exams instead of the Personnel Director. Ms. Stricklin replied that it is all done according to the Civil Service Rules set out in the Local Government Code Chapter 143 . He informed that we were losing KWFT radio station to the Plano area. He asked when election items could be placed on the agenda, in particular ordinances declared unconstitutional by the federal courts. City Manager informed that Charter Amendments can be voted on every two years and this was done last year. Councilor Thompson commended Mr. and Mrs. Holloway for coming forward to discuss AIDS and the need for a support center in our City. Councilor Thompson requested that information regarding drug-free zones be in writing. He mentioned his October request for information concerning a reserve police force. Chief Harrelson replied that the report had been put together and he would look into it. Councilor Thompson stated that the Traffic Safety Council needs to be notified when changes are made in reference to lights in our area that could affect our citizens and he also recommended that they be involved in the meeting that was scheduled today with the Texas Highway Department. Councilor Thompson said that as council members they had the responsibility of educating the public. He said the views or impressions received by young people are from 512 Item lld, cont'd. those in public office. He said that the eastside residents have the impression that the decisions made today were made for only a group of people, not for everybody. He said that it was not good for our city or our young people to see that people are flung around and to see the City Council hamstrung and handicapped by not being able to make a decision because the law prevents you from making a decision even though it might protect the lives of many folks. He hoped that no one would leave bitter or with rancor and that all will try to get over the things that were said here today. He also stated that he hoped more thought would be put into the decisions that will be made in the future. Councilor Thompson concluded by stating that we should be able to compromise and work together, and that no one group should always win. Item lle u There were no staff reports. Item llf Moved by Councilor Hawkins that the Council not go into executive session, and that upon Mr. John Eckert ' s request, he be moved from the at-large member position to the alternate position, and that Helen Henderson be moved from the alternate position to the at-large member position, on the Traffic Safety Commission. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Pro-Tem Mallonee, Councilors Loughry, Thompson, Martin, and Hawkins Nays: None The City Council adjourned at 12: 19 p.m. PASSED AND APPROVED this UP day of jaaibiZtIL__ 1994 . Michael Lam, Mayor ATTEST: ,� -L� : a �I I Li �y' Torres Cit ; Clerk