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Min 05/19/1998 188 Wichita Falls, Texas Memorial Auditorium Building May 19, 1998 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: Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Altman - Johnny Burns - Bud Beaty - James Berzina - City Manager Greg Humbach - City Attorney Jan Stricklin - Acting City Clerk Mayor Yeager called the meeting to order. Invocation was given by Reverend Carol Phillips, Trinity Presbyterian Church. Item 3 No one signed up to speak. Item 4 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. Items 5a-8e Moved by Councilor Johnston that the consent agenda be approved. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty. Nays: None Item 5a RESOLUTION NO. 71-98 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR $6.525.34 IN GRANT FUNDS FROM THE DIVISION OF EMERGENCY MANAGEMENT FOR THE PURCHASE OF HAZARDOUS MATERIALS EQUIPMENT 189 Item 6a Bid was awarded for the purchase of one (1) each 15,000 GVW Cab & Chassis to R.L. Anderson International in the amount of$31,537.70. Item 7a RESOLUTION NO. 72-98 RESOLUTION APPROVING CHANGE ORDERS NOS. 1 AND 2 AND ACCEPTING THE APRON SPALL AND JOINT RESEAL PROJECT AT MUNICIPAL AIRPORT AS COMPLETE AND AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $145,729.50. Item 7b RESOLUTION NO. 73-98 RESOLUTION TO ACCEPT THE CYPRESS ELECTRICAL IMPROVEMENTS (PHASE 1) PROJECT AND AUTHORIZE FINAL PAYMENT TO BEST ELECTRIC COMPANY, INC. Items 8a-8e Minutes of the meeting of the following boards and commissions were received. a. Wichita Falls Traffic Safety Commission, April 1, 1998. b. Aviation Advisory Board, May 6, 1998 c. Planning and Zoning Commission, March 11, 1998. d. Planning and Zoning Commission, April 8, 1998. e. Commission On Human Needs, April 20, 1998. Item 9a A public hearing was held on the proposed use of Community Development Block Grant (CDBG) and Home Program Funds under the Consolidated Plan. Mayor Yeager declared the public hearing open and allowed for public comment. Mr. David Clark stated that the City is expecting to receive $1,784,000 out of Community Development Block Grant Funds and $520,000 from HOME Program Funds for the upcoming fiscal year. We have already accepted applications from the service agencies for the use of these funds, but this morning is an opportunity for others to speak about the potential use. Mayor called for public comment. There being no one who wished to be heard, Mayor declared the public hearing closed. Item 10a ORDINANCE NO. 44-98 AN ORDINANCE ANNEXING 39.42 ACRES OUT OF THE J.R. MCDOWELL SURVEY, ABSTRACT NO. 194, AT THE REQUEST OF THE PROPERTY OWNER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Beaty that Ordinance No. 44-98 be passed. Motion seconded by Councilor Thompson. 190 Item 10a continued Mr. David Clark informed that this is a petitioned annexation by the property owners. This has been reviewed by the various City Departments and found that it is serviceable. The frontage of this property is in the City limits and is already being serviced by the City services. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty. Nays: None Item 10b ORDINANCE NO. 45-98 AN ORDINANCE REZONING 7.21 ACRES OUT OF KEMP'S WEST END ADDITION, BLOCKS D, H, & 1 (800 KEMP BLVD.), WICHITA FALLS, TEXAS, FROM LIMITED OFFICE TO PLANNED UNIT DEVELOPMENT ZONING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 45-98 be passed. Motion seconded by Councilor Johnston. Mr. David Clark stated that this is for the rezoning of property along Kemp Street in the vicinity of Seymour Highway. The planned unit provides some flexibility in regards to lot sizes as well as set-back requirements, and in this instance it is the intent of the developer to construct duplexes in this new subdivision. He added that the Planning & Zoning Commission recommended approval. Councilor Altman asked for clarification on the development regulations referring to building coverage (50% of lot area, maximum) and lot area (3,000 square feet minimum) in relation to the information provided by the applicant on the buildings measuring 2,200 square feet. Mr. Clark informed that the intent of this was that the property line would be splitting the units. Mr. Altman wanted to make certain that the entire building consists of two salable units. The applicant, Mr. George Works, provided a model of the units and explained that this can provide affordable housing which is not available to a lot of people in the City. Rezoning will help them make maximum use of their land. Councilor Johnston asked if a Planned Unit Development was a part of the Zoning Ordinance. Mr. Clark replied in the affirmative and added that a submission of a more detailed plan such as laying out of the buildings on a site was required. The building layout on the site is established and allows for some flexibility. Mayor referred to the Commission minutes and asked about additional discussion on potential traffic problem concerns along Kemp. Mr. Bonnett replied that there is a concern with respect to the northerly most exit, and we have looked at it. In the future, if there is a sight problem we may consider making it a right-turn only on that exit and that would alleviate that problem for the north-bound traffic. Councilor Thompson asked if there would be a drainage problem. Mr. Bonnett replied that it could do nothing but help the situation with the proper design. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 191 Item 10c ORDINANCE NO. 46-98 ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND EQUITY FOR THE PURPOSE OF FUNDING AN EMERGENCY REPAIR OF A SANITARY SEWER LINE ON TRUEHEART STREET AND INSTALLATION OF A COIN-OPERATED WATER DISPENSING STATION Moved by Councilor Johnston that Ordinance No. 46-98 be passed. Motion seconded by Councilor Thompson. Mr. Bonnett informed that during the annexation discussions there was a request to consider installing a coin-operated water dispensing facility somewhere in the annexed area or adjacent to that area. The nearest facility for water tanks is near Burkburnett. We have tentatively selected the water tower on U.S. 287 as the appropriate site. $20,000 of this appropriation would be for that facility and if Council approves we will begin design in the near future. The second aspect of this appropriation would be a replacement of the Trueheart sanitary sewer and there have been problems there fifteen years back, and this would replace that sewer. The new pipes would be structurally adequate. Councilor Beaty mentioned that the commentary referred to the water tower on Reilly Road and asked for clarification. Mr. Bonnett stated that he would look into that and inform Council which tower it would be. Mayor asked the City Attorney if the wording in the proposed ordinance needed to be changed. City Attorney replied that if Mr. Bonnett was not correct the ordinance will be changed to conform to reality. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Later in the meeting Mr. Bonnett clarified that the water tower would be the one located on Reilly Road and not U.S. 287. Item 10d ORDINANCE NO. 47-98 ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME. Moved by Councilor Shine that Ordinance No. 47-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 192 Item 11 a RESOLUTION NO. 74-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING DIRECTORS TO THE WICHITA COUNTY/CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD; DESIGNATING TERMS OF OFFICE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Johnston that Resolution No. 74-98 be passed. Motion seconded by Councilor Thompson. Mayor corrected the spelling of Mr. Coyal L. Francis, Jr. Mayor informed that this ordinance was to correct an error discovered during the affiliation of the hospitals. This will bring the appointments in compliance with the State statute in regards to staggering the terms. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 b RESOLUTION NO. 75-98 RESOLUTION APPROVING THE AIRPORT MASTER PLAN DEVELOPED BY THE AVIATION ADVISORY BOARD Moved by Councilor Shine that Resolution No. 75-98 be passed. Motion seconded by Councilor Thompson. Mr. Robert Parker informed that the Aviation Advisory Board met and approved the master plan . He added that this would not impact weather diversions. Councilor Johnston asked if we had a written agreement with Sheppard Air Force Base to use the taxi-ways. Mr. Parker informed that the taxi-ways belong to us. It is verbal right now with the 80th OASS to use the ramp space on their side. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 c RESOLUTION NO. 76-98 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HANGAR PARTNERS, LIMITED FOR LEASE OF LAND AT WICHITA FALLS MUNICIPAL AIRPORT. Moved by Councilor Shine that Resolution No. 76-98 be passed. Motion seconded by Councilor Johnston. 193 Item 11 c continued Mr. Robert Parker informed that hanger No. 6 is the proposed location by Hangar Partners. It is between 150'X100' or 100'X100' depending on the cost of building it. Once they get their plans back and know the exact size, Exhibit A will be changed to reflect the appropriate size. It will bring $500 to the Airport Fund and approximately $200,000 to the City tax roll. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11d RESOLUTION NO. 77-98 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE FIRST UNITED METHODIST CHURCH FOR A PROPOSED VEHICLE DROP-OFF LANE AND CANOPY ACROSS A PORTION OF THE TRAVIS STREET RIGHT-OF-WAY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Johnston that Resolution No. 77-98 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty. Item 11 e RESOLUTION NO. 78-98 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A WEED & SEED GRANT. Moved by Councilor Thompson that Resolution No. 78-98 be passed. Motion seconded by Councilor Shine. Chief Schlieper explained that the grant monies will be for the Police Patrol Program in targeted neighborhoods. Primarily, the grant will provide for eight bicycles, training for the police officers, special uniforms and equipment, and overtime for those officers. Discussion followed as to where the targeted areas would be. Chief stated that the Weed & Seed Program was not geographically restricted. Councilor Thompson asked why it wasn't, and wanted to know why the Weed & Seed Program was being used as a cover. Chief explained that they were not applying for this grant under the cover of the Weed & Seed Program. We have been working together on this grant and it works in partnership with Weed & Seed, but the focus of the grant is for the bicycle patrol program and to enhance our community policing efforts. We will pay particular attention to those neighborhoods and areas that we work with Weed & Seed to identify, but it will not be exclusively used in one section of the community. It would limit us too narrowly in our use of our policing efforts. Councilor Thompson said that he would not want us to use statistics or anything to acquire a grant that we say is going to be used for low income people and communities and we find that we are not going to use it that way. He would hope to some day have bicycle patrols throughout our City. In addition, he would not want to see it diluted down to the point where it really means nothing for the Weed & Seed community to have a bicycle patrol. Chief assured that would not happen. Councilor Thompson stressed that community policing is needed in the area which Weed & Seed covers. 194 Item 11 a continued Councilor Altman wanted to ascertain that we maintain particular emphasis to the Weed & Seed Program areas. Chief explained that the Weed & Seed Board will help to determine where those grant funds will be used. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 12a RESOLUTION NO. 79-98 RESOLUTION TO AWARD BIDS FOR GRAZING LEASES AT LAKE ARROWHEAD. Moved by Councilor Thompson that Resolution No. 79-98 be passed. Motion seconded by Councilor Shine. Mr. George Bonnett regressed to Item 10c and informed that the wording in the ordinance was correct in referring to the water tower on Reilly Road and not the one on U.S. 287, as he had stated. Mr. Bonnett informed that the City had property which was not needed to operate the Lake and every five years this land is placed up for bids. These are the results of those bids. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 12b RESOLUTION NO. 80-98 RESOLUTION TO RESCIND RESOLUTION NO. 44-98 AND AWARD BID AND CONTRACT FOR HAMILTON PARK TENNIS COURTS #9 AND #10 RECONSTRUCTION PROJECT Moved by Councilor Johnston that Resolution No. 80-98 be passed. Motion seconded by Councilor Shine. Mr. George Bonnet informed that the apparent low bidder had posted a bid surety and Council awarded that to the Grisham Brothers Concrete Company on April 7. That company has been unable to obtain a performance and payment bond so they have not fulfilled their contractual obligation. This action will allow us to keep the bid surety and award to the next lowest responsible bidder which is Duke Construction in the amount of$57,990.00. We have worked with them before and feel comfortable that they will be able to obtain a performance bond. Motion and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 195 Item 13a RESOLUTION NO. 81-98 RESOLUTION ACCEPTING THE LIBRARY RENOVATION PROJECT AND AUTHORIZING FINAL PAYMENT TO ELECTRA CONSTRUCTION COMPANY, INC. Moved by Councilor Thompson that Resolution No. 81-98 be passed. Motion seconded by Councilor Johnston. Councilor Shine reported that everything looked good and invited the other Council members to go look at the Library. Mr. Jim Dockery added that the Architect and City Staff have looked at the punch list items and are satisfied that they have been completed as specified. We are very pleased with the product that Electra Construction did for us. He felt they would be fully functional by June 8. Motion and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 14a A discussion was held on the authorization for City representatives to request funding from the 4A Sales Tax source for utilities required for the Allred Prison Expansion Project. City Manager informed that representatives of the Texas Criminal Justice System are ready to start on this expansion. We made an agreement that in order to obtain this we had to 14 give the Allred Prison, when this project is operational, the same rate as though they were in the City limits. That can be accomplished either through an agreement which would be a waiver of our water/sewer or an annexation to take in the prison site. We have a 4A Sales Tax Board that makes recommendations to the Council for the use of those funds. I think projects should originate here as much as possible and if Council concurs that this is a project and a type of financing that you want to pursue then I think contact should be made with the 4A Board. Therefore, I am asking for your concurrence to ask for funding from the 4A Board for this expansion project. Our options are to get funds from the 4A Board or go to the Water Sewer Fund Equity. The 4A Board is set up ideally for this and if you use the Water Sewer Funds it could translate to increases to the water and sewer and also you may need those equities to continue the SSES. Mr. Bonnett informed that the water system can be used as it sets without any additional water construction. The funds would be used for a sanitary sewer gravity system which would run around the north periphery road, boundary road, and would tie into our existing bar stream and grinder pump that is located on the east boundary of the prison. City Manager added that this is not for the water tower at this point; we would have to come back at a later date to address that. It may have to be done out of the Water Sewer Fund. Councilor Thompson asked when the water tower would come about. City Manager explained that this project had to get behind us so that we can see the full draw on the present water lines. What makes all the water unavailable, even though it is available, is the fact that there is such a reserve requirement for fire fighting and we want to get this expansion done so then we can get into the water tower consideration. Once we identify the need and location the tower can be put up pretty quick. Councilor Johnston suggested that a discussion be held at a later date regarding setting up some kind of reserve from the 100% added on to the customers outside the City limits to be used for these type of needs and for annexation for the extension of lines. Moved by Councilor Thompson to authorize the City Manager to approach the 4A Board for this source of funding for the prison expansion project. 196 Item 14a continued Motions seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 14b A discussion was held on the TNRCC proposed clean air strategy; membership in and financial commitment with the Texas Air Quality Coalition. Action was considered relating to same, including negotiation and execution of a joint agreement. Mr. Robert Powers informed that TNRCC sent out press releases announcing a proposed new regional control strategy to help areas in Texas that are currently in non- attainment status with the ozone requirements under the Clean Air Act. Those areas are Houston, San Antonio and Dallas/Ft. Worth. The thinking in the proposed regional control strategy is that some of the outlying areas adjoining those urban areas contribute to the pollution problem so a new control strategy was presented. This would extend certain air pollution controls outside those urban areas. Also, it would be expanding the control of volatile organic compounds outwards of about sixty miles and another proposed ring would extend 125 miles outside the Dallas/Ft. Worth area to control nitrous oxide pollutants, and that is the one that would affect Wichita Falls/Wichita County. Cities in the north of the metroplex formed a coalition called Texas Air Quality Coalition and we were solicited to join. Some representatives from Wichita Falls and the industries attended some of those meetings, and initially members were asked to contribute $5000 for a fund to pay for legal and engineering expenses to monitor TNRCC's proposed plan. TNRCC is doing some air modeling and it is possible that the results will be out this summer. The Coalition had been meeting frequently to get their funds and commitments together. Initial request was $5,000 but some cities and counties said they would commit to something less. We told them that we would meet before the Council and could possibly commit to $1000. Subsequently, we received a memo informing that to be on the executive committee the member would have to contribute $5000 or thirty cents per capita. They have a proposed budget for Phase I of$150,000 but we do not know what the full expenses will be. Councilor Johnston said that the expansion of the control zone for the pollution is an attempt to identify the people who are contributing to the non-attainment in the Dallas/Ft. Worth area and they are doing it state wide. At this time we cannot say that we are contributing to their problems. It is in the best interest of Wichita Falls that we not be included in this area if at all possible; but if we do nothing we are going to be in it and if we don't get into this Coalition there is a very little chance that we can get out of the zone that will include Wichita Falls. There are a lot of technical and legal questions that need to be answered. Mayor commented that we are on the western fringes of this proposed area, therefore, we stand a lot better chance of getting out of this proposed new attainment area than the counties east of us. The economic importance of making this fight is tremendous and we do need to do everything within our power to get Wichita County out of this proposed area. There is an economic advantage to being in the Coalition if we can put some perimeters on the amount of money that we might have to put in. The way the initial contract reads there is no limit on the contributions. If they do not raise the money they need to perform the monitoring and pay the legal firm, the executive committee has the power to assess the Coalition members, with very little opportunity of the other members objecting to the assessment. What concerns us is that it is open-ended. The air modeling will be very difficult and therefore somewhat expensive. This Coalition was going to do some of its own modeling, but they may have to fall back into a role of oversight. All who attended the Coalition meeting agreed that we need to stage the strongest fight that we can and we have asked Nortex to join this Coalition. Nortex could be torn on this because there are some counties in the east which would be included in the area. Councilor Johnston felt that we needed to be closely tied to that Coalition so that we can find out and so that we can control it. He was concerned about their ability to almost impose any amount they want through the executive committee. Mayor commented that there is no guarantee that if we pay the $5000 that we will be on the executive committee. 197 Item 14b continued City Manager stated that we know what happens with this one jurisdiction one-vote situation, we always get out voted. They seem to want us for our financial capability, but not for our influence at the vote. I am not sure that being on the executive committee will help us. Where has it ever helped us in this kind of situation whether the clinic or health situation or water situation. We do not seem to do well in that type of thing. The smallest jurisdiction has the same vote and they always look to the deep pockets. One thing is they have already settled on the population formula. I was also concerned that we have a different interest than they do; we are far enough west or north that our emphasis should be to get out of it altogether. They think they are in it to stay and get the best deal. I think we should get out of the zone but I do not know how to do it. Mayor felt that the only advantage we would have is direct access to some degree of monitoring of what TNRCC is doing, the technical side of it. Councilor Johnston agreed and felt we needed that technical information and we would have quicker access through the Coalition. Mayor asked Mr. Bonnett, since he has dealt with TNRCC, how free the access was to the data and the models that they are producing. Mr. Bonnett said that his experience has been that they are good about sharing their results, but not so good about sharing their input perimeters and justifying those. If it is anything like the landfill models you can make those models jump though any hoop you want to hold up by varying the input perimeters. I do not know if that is true in the air quality; I have no experience there. Councilor Shine asked if we had contacted the cities that are in the same perimeter as Wichita Falls to find out what they are doing. Mayor replied that they had not been contacted, and she had raised the question that those who have attended these meetings have been from Dennison, the west. There are other areas to the east of the metroplex that are impacted and we have seen no move to include those in this Coalition. We do not know if they are trying to start up their own Coalition. We talked last week about contacting all the counties to the west of us. We feel this is the first step to include the entire State in some kind of air quality control. Councilor Altman was concerned about joining the Coalition and being put in a situation of not being able to withdraw from the Coalition and being forced into a settlement not favorable to us. In addition, if we did withdraw we may be forever hung with the fact that we s were a part of the study and are somewhat bound by it. He has a problem with seeing what the end result might be without further exploring some of the other alternatives available to us. Councilor Thompson agreed and said we need to decide what it is that we should do. It is very important that our City be out of it in order to grow industrially. He believes that once we join the Coalition to get information, we will be stuck. Councilor Johnston agreed but he felt the problem is what the Coalition does and the agreement they come to will have a major impact on what is going to happen to us. We do not know enough now on how this is going to end up and time is of the essence. Councilor Altman concluded that there was not enough information to make a decision today of whether or not to join the Coalition. He suggested that this be put off a couple of weeks and work with the Staff to come up with information on available alternatives whether it is a coalition with other entities or the cost of analyzing the data that is used in these studies in our particular areas. Mayor commented that she did not believe a cost to monitor what TNRCC is doing could be determined in two weeks. Councilor Johnston agreed and stated that the Coalition is moving fast and if we do not join now we will be out of the loop. Councilor Thompson said that even if we join we will not have any influence, we will just help to pay the bills. Councilor Johnston stated that he may be right but what we are buying into is the information of what is happening technically and legally in how things are moving and right now we are not getting that information. He did not think we could wait another two or three weeks to decide. Councilor Burns asked how we were bound by what the Coalition does other than they are just a bargaining authority for the area. If they came up with something that was not favorable to us and we were not a part of the Coalition we would have recourse to disagree with them. City Attorney concurred. Mayor added that an additional step would be to join with the other entities of Wichita County, Wilbarger County, and the industries and go our own way. You then have to consider the price tag associated with that stand, and at this point we cannot answer that. 198 Item 14b continued City Manager asked if there was room to express our difference as to where they sit and where we sit in terms of being drawn into this. We have a clear idea that we should not be included in that area of influence. We would join the Coalition with the idea that we have a separate contract. We are there for information value and to sense our sense of participation, but we have another agenda and we want the freedom to pursue that. Would they allow us in for these reasons but not further obligate us? Councilor Johnston stated that he did not know that anyone could answer that at this point. The steering committee has control of it until the executive committee is elected. I think we should be in it as a defensive measure, we will not have the influence but we will have the information. Mayor added that we have no way of knowing how quickly or how freely the executive committee will disseminate that information. Councilor Johnston said that as a member of the Coalition anyone could probably attend the executive committee meeting as an observer. City Manager suggested that our price back to them for being a member is that we not be on the executive committee; be a member but not as obligated as their agreement would obligate us in the future. Being on that executive committee will not save you a dime, because you will have only one vote. Councilor Johnston said that could be a solution. Mayor asked if we are in it and we don't like the way it is going and we bail out, are we still tied to them? City Manager replied that if you sign that contract that says you are, then you are tied to them. Mayor commented that she did not see any way we could sign the contract sent to us. There are too many open loose ends. Councilor Johnston agreed with the Mayor, but the question is if you do not join this Coalition, and it looks like they are going to be cutting the best deal they can going into the non-attainment area. What is the best defense for us to stay out of it? Councilor Altman replied that the best defense right now is not to be a part of the Coalition until we have a better understanding of what influence we are going to have. If we are a part of it we are going to be a part of the negotiated settlement and we are going to ride along with them and they are not going to have an interest in protecting our part of the area. Councilor Johnston said the danger he sees is that it may be too late, and do we have the time and resources now to form our own coalition? We are already late in getting started. City Manager said they were in from the beginning and that is the difference between us, and we have the opportunity to get out. Councilor Burns said if they have us in it improves their statistics for down the road. City Manager stated that there may be some common ground of being in but not being in under the contract they have given us. Maybe our own contract that says we are in but we are pursuing this other pursuit, and we have no lingering obligations. It will probably keep you off the executive committee but it may force them to treat you better as our own entity because you are a loose canon out there if they take you this way and they do not know what you will do. But you may be better off with your own contract. You do need the information but we are not going to raise that among ourselves. Mayor added that is where we are all coming from, it would be more economical to get the information through the Coalition than to try to do it separately. City Manager commented that they may not take us with our own contract but I think it is worth trying. Councilor Johnston stated that they know we are going to fight to get out of it. I would like to be a part of the Coalition without being bound by the contract that they signed and sent us. That contract is a mine field you are out in. Councilor Thompson asked if we could attend the meetings without being a member of the Coalition. Mayor and Councilor Johnston replied that we could not because it is not subject to the open meetings law only the contributors or members can attend. Councilor Thompson asked if the information was public record. Mayor replied that not what the Coalition has; the only thing you would have access to would be what TNRCC comes up with whenever they do that. Councilor Johnston said that is when the Coalition helps you, because they are going to constantly be monitoring what TNRCC does. Councilor Altman was concerned that they are going to be monitoring it but with an interest to their area and not ours. The monitoring we get may not be beneficial to us. I suggest we stay out of it now. Mayor informed that if we stay out of it now, we are out of it for good because they have already started down the track. City Manager asked if it was worth paying $5000 to get in at this early stage under a modified contract that does not keep us in, that has an exit clause. If they let us in pursuing another agenda, we may be buying $5000 of information and participation. I don't think we are 199 Item 14b continued trying to get out of paying anything, we are going to spend some money on this before it is all said and done, but this may be the way to get caught up the quickest and if we can preserve the exit clause. Councilor Thompson would go along with that if we develop a strategy to protect Wichita Falls and its industry, and if we had a committee of industries and people from the University to fight against that. I would not want to give a dime unless we had the ultimate goal of protecting our interest. I have no interest of seeing what they are doing, unless that is a part of the strategy to protect our interests. Mayor stated that that is the major part of the strategy. At the meeting last week there was no dissension from anyone present that the main thrust of our strategy was to get us out, and that was industries and all the governmental entities who were present. Councilor Johnston commented that technically we have a pretty good chance of proving we are not contributing. TNRCC has already established what they feel is the region and we are in that region. Mayor added that our challenge is to prove that we do not need to be in that region. Councilor Johnston asked how we can prove that. He felt the beginning of a solution was to buy into the Coalition and get the information we need and still bail out. I just see it happening pretty fast. Councilor Altman still had a concern that the majority of the people in the Coalition have no interest in getting us out and the information they are trying to develop is not going to be eschewed in our favor any way. We are still going to provide some analysis to the raw data to get ourselves out because they have no incentive as part of their developmental information to try to move us out. Councilor Johnston disagreed, they do have an interest. He felt they have an interest but are realistic enough to know they are going to be taken in it. Their interest is minimizing what their impact is. Councilor Altman agreed that they are minimizing their impact by using us to dilute the impact, therefore, their interest is in keeping us in as a tool to dilute the effect on them, not in really protecting our interest. We are still going to have to find a way to analyze the data favorable to us because the Coalition is not going to have any incentive to spend any funds analyzing the data favorable to us. Mayor stated that the question has already been asked if the model can be run without - us in it and the answer is for the right price, which is not cheap. Councilor Johnston said it would be cheaper than us going and running it independently ourselves. Mayor agreed with Councilor Altman as to why the Coalition would spend money to have TNRCC run the model without us in it when 95% of the Coalition is comprised of people who have no chance of getting out, probably. Councilor Altman added that we could go to the same experts who are running the model and pay the same cost that we would have to pay anyway to get that data and get the model run for us. Even if we were a part of the Coalition we would probably end up having to have that done to have a chance of separating us out. He recommends not joining the Coalition unless we can negotiate a payment that would provide us information without being identified as a part of the Coalition. Perhaps providing some type of financial support in exchange for the information that is going to be developed without being identified as a part of the Coalition. Mayor said we need to be in some position to respond to this Coalition before next Wednesday. Mayor asked for a motion to give leeway to whoever Council wants to negotiate with the Coalition and to allow time to see what Nortex is going to do this Thursday and allow us time to consult with some of the other cities and Wichita and Wilbarger Counties. Councilor Thompson was adamant about looking out for the interest of our City and that we should fight for the interest of our City and he was opposed to anything less than that. The future of this area is dependent upon us having a bold stance. If we are opposed to it, let's be opposed to it wholeheartedly. They want us there to reduce their non-attainment problems; they are riot going to let us leave once we have paid the $5000, they want us there to the end. There is no getting around that. Mayor said that even the way the contract is written, we don't think we should sign that although it does say we can get out. I think the only reason we have contemplated joining the Coalition is for access to the data at a somewhat cheaper price. Councilor Johnston added that we want access to the technical data and we want to know what is happening with TNRCC, which we may not find out for a month later after it happens. The Coalition is hiring technical people who will camp with TNRCC as they provide this data. We can ask TNRCC what is happening and we will not get the same picture as the Coalition is going to have. We can ask, it is public information, and they will provide it, but you have to know what and when to ask for it. 200 Item 14b continued Councilor Shine felt that we are a body representing Wichita Falls and our industry and we need to support that committee's recommendation. The industry has a lot to lose and we need to be their representatives, I feel we should support a committee made up of three Council members and the industry or anyone who wants to be a part of it. They may be in favor of financing a part of it; I would be if I were in that position. Councilor Johnston informed that they had an industry which committed to providing a technical expert to go with them on any of the Coalition meetings or to monitor TNRCC. Councilor Shine felt that they were not solving any problems, and that it should be turned over to a committee. I don't think we want to join this Coalition unless the people of Wichita Falls along with our three representatives agree and I can buy that. I don't see why we are talking just coalition when we might want to go straight ahead; I can't believe we don't have some power. What is the difference in Wichita Falls supporting this thing than this Coalition? We have a Senator that lives here who will take the same position as we are. I can't see why we can't get that information any better than another Coalition. Mayor replied that it is both timing, although she thinks that can be overcome, and financial. Councilor Shine stated that we don't have much choice, we will either win or lose. Councilor Altman stated that we need to decide if we are going to allow someone to negotiate for a better deal with the Coalition or decide to stay out of it and have someone contact the other entities to try to form another coalition or look at the prospects of financing another approach. We need to do one or both or have an alternative. Mayor informed that there were 35 people at the meeting and all were committed to fighting this to the end. However, there was total agreement that we needed to have some input or access to the information that might be coming through that Coalition. Mayor suggested that since Councilor Johnston and she have been working on this with the industry, with BCI and other entities, that they be given some latitude to see what transpires the end of this week through next Tuesday and at the same time authorize the City Attorney to see what he can negotiate as far as our interests that have been expressed this morning with this Coalition. Understanding full well that we do not want to get drawn in so deeply to the Coalition that we will not fight on our own. City Attorney made the following observation. This agreement was made up by the law firm of Baker and Botts, who are basically being retained by the Coalition . On a joint representation basis I don't see them cutting a separate deal with us and still being able to maintain the attorney-client relationship because we all need to be in the same boat together. If we cut a separate deal, that gives the law firm a real problem. It is reality check time, and I do not see cutting us a separate deal as being realistically feasibly. We can try it, but I can tell you that It is going to give this law firm a real hard time, representing multiple clients that have potentially different interests. Councilor Beaty stated that we can decline to participate or participate on their terms. It is worth an effort to go to them as a committee with contract in hand. We should have some sort of contract in hand as a beginning negotiating plan. City Attorney asked who we are negotiating with? Councilor Beaty replied that the people from Gainesville since they are the ones who sent us this contract. Councilor Altman commented that based on the discussion he did not believe there were enough votes on the Council at this point to join the Coalition. City Council recessed at 10:50 a.m. and reconvened at 11:10 a.m. City Council resumed with Item 14b. Mayor said that she had received a call asking if TNRCC Clean Air Act was part of the EPA mandate. Mayor replied that the answer is no, EPA has imposed these kind of restrictions on the eastern states in the United States and has not imposed these standards on the State of Texas at this time. TNRCC is doing that on their own. Councilor Johnston added that they are doing that in an attempt to get the non-attainment areas into compliance. 201 Item 14b continued Mayor suggested that Councilor Johnston and Mr. Robert Powers go to Gainesville next week to the Coalition's meeting and monitor to see what is going on and to see if there is any hope of being able to be a part of the Coalition as an affiliate or associate member not a full fledged member. Council concurred. Item 14c Councilor Shine informed that he and Councilor Johnston had met with the Park Board. The Committee will meet to discuss what the rest of the activity center that is not being used by the Library will be used for. The rest of the building needs some repairs to make it useable. As a committee we are working towards that in conjunction with the Library. Councilor Thompson expressed his appreciation for democracy and the fact that they can disagree and not be disagreeable. He thanked the Mayor and the Councilors for attending the CAC banquet and for being supportive of the work that they do. He asked if we were going to continue providing information to our general population about Aids. Mrs. Barbara Clements replied that they provide education and information to as much of the population as possible whether they are in a high risk area or not. They are ready to provide any presentation or information that anyone may request. Councilor Thompson asked for an update on the fire and police training. City Manager reported that some of the initial work has been done. We are at a stopping point, in a sense, to make a decision on whether we do a little more building configuration pre or post architect. There are some reasons to get a little more definition about sizing of the building, even in how it is fitted out. The next major decision is to determine if we go to the selection process of getting an architect or do we do a little more which will ease the role of the architects. We issued some tax anticipation notes in 4B and there is critical window when we can do that again. We are not ready to issue notes but we are very close to designing the structure. It is just a matter of waiting for the funding. Councilor Burns expressed appreciation to the Staff for the orientation. It was conducted very professionally and was very helpful. Councilor Altman mentioned the orientation and stated that they had come away with a great deal of positive feelings, great deal of pride and a sense of responsibility. I came away with a great deal of pride in listening to very dedicated and competent public servants explain the way their various aspects of their departments work. Our citizens should be very proud of the quality and dedication of our City Staff. All of us can find an issue or a point to disagree but I do not think anyone can seriously take issue with the dedication and abilities of our City Staff. I felt very proud to be a citizen of Wichita Falls and it also made me feel a responsibility to the people who elected me to do my best to do a very good job. He was impressed with the dedication and the work that Mayor Yeager and the other Councilors put in. Our citizens are well represented. Mayor passed out a card she had received from the children at Cunningham School who visited at the last Council meeting. She mentioned that graduation is this weekend and congratulated and wished all the graduates well. Mayor reminded that the Police Academy graduation was this Friday at 10 a.m. at MPEC. Mayor felt it was important to hold a retreat and will work to try to schedule a date sometime in June. Item 14d Mr. Robert Parker said that last week was "Try Transit Week" and they had persons from surrounding areas attend with 930 people riding the transit system on that day. Mr. Robert Parker informed that TXDOT will be closing the bridges at 144. Pre- construction meeting will be this Thursday. He provided the detour routes and said that this will last for a minimum of ninety days. Preferred routing will be put on the City Channel. 202 Item 14d continued City Manager informed that the Mayor, on behalf of the City and the Council, accepted some new equipment for the Fire Department that was given to us from grant funds from United Regional Health Care Foundation. Chief James, Captain Tim Pierson and F.E.O. Jim Davis demonstrated the automated external defibrillators. Chief James expressed his appreciation to the United Regional Health Care Foundation for their generous grant on this life saving equipment. Item 14e The City Council went into Executive Session at 11:50 a.m. as authorized by Section 551.074 of the Texas Government Code, and reconvened at 12:00 p.m. Mayor announced for the record that they did not take a vote while in executive session. Item 14f Moved by Councilor Thompson that Mr. Ray Clymer be appointed to the 4A Sales Tax Board with term to expire in the year 2001, and that Mrs. Benay Ayers, Mr. Tommy McCullough and Mr. Ray Gonzales be appointed to the 4B Sales Tax Board with terms to expire in the year 2000. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None The City Council adjourned at 12:03 p.m. PASSED AND APPROVED this_L_day of 1998. KA RYN A. AGE MAYOY ATTEST: i Lydia Torres City Clerk