Min 10/17/1995 15
Wichita Falls,Texas
Memorial Auditorium Building
October 17, 1995
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
Don Johnston - Councilors
Dan Shine -
Angus Thompson -
Bill Daniel -
J. W. Martin -
Harold Hawkins -
Jim Berzina - City Manager
Bill Sullivan - Assistant City Attorney
Lydia Torres - City Clerk
Mayor Lam called the meeting to order.
The invocation was given by Rev. Dennis Wilkinson, Floral
Heights United Methodist Church.
Mayor Lam proclaimed October 16 through 21, 1995 as
"National Business Women' s Week" and commended the local
organization, Metropolitan BPW, for their efforts in our
community. Noel Filer, President of Metropolitan BPW, expressed
appreciation on behalf of the seventy-five members for the
recognition of working women' s contributions to Wichita Falls .
Mayor Lam proclaimed "A Texas Holiday" as the official
Christmas ornament for the City of Wichita Falls for 1995 , and he
encouraged all citizens to purchase this item to benefit the
North Texas Rehab Center. Bonnie Jones of North Texas
Rehabilitation Center expressed appreciation to the citizens of
Wichita Falls for their support . She informed that they are no
longer affiliated with National Easter Seals . All North Texas
Rehabilitation Center services will remain the same and that
money will be used for direct services locally. An official City
Christmas ornament will be given to the Mayor.
Item 3
Moved by Councilor Johnston that the minutes of the October
3 , 1995 meeting be approved.
Motion seconded by Councilor Shine and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins .
Nays : None
16
Items 4a-5b
Moved by Councilor Shine that the Consent Agenda be
approved.
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins .
Nays : None
Item 4a m ,µ
RESOLUTION NO. 173-95 r$
RESOLUTION TO AWARD BIDS TO THE MARTA COMPANY FOR THE
ANNUAL SUPPLY OF METER BOXES AND ADDITIONAL BOX LIDS
Item 5a-5b
Minutes of the following boards were received.
a. Wichita Falls Park Board, September 28 , 1995
b. Wichita County Public Health Board, August 25, 1995
Item 6a
A public hearing was held to determine the public
convenience and necessity of a special service vehicle franchise
requested by Skylark Van Service, Inc .
Mayor declared the public hearing open.
Mr. Robert Parker, Traffic Department Director, informed
that Skylark Van Service' intent is to have two secial service
p
vehicles . They will not be in competition with the taxi cabs
because they will not be metered, but will be used for charters .
Mr. Parker said he had spoken with Mr. Jody Wade, owner of
Presidential Limousine who suggested it is a kind of a joint
venture . Mr. Wade is in complete agreement of the franchise .
Presidential' s service can only offer a ten passenger van while
Skylark can offer a fifteen passenger van. Mrs . Diane Ford,
President of Skylark Van Service, Inc . works with the
corporations, such as Certainteed and PPG, around the City to
transport . This could provide relief to the City on charters
which City cannot handle because we can only do two charters a
day. Skylark could be used by the City as a referral for
charters . Mr. Parker recommended approval of the franchise .
Mrs . Ford commented that they receive requests from
companies for vans to transport .
Mayor asked what percentage of her business was airport
transportation versus other special types . Mrs . Ford replied
that 990 was airport transportation. That is basically what we
do, transporting people to and from DFW Airport . She said she
would like to be able to transport people within the City when
these companies call her.
Councilor Martin asked Mrs . Ford if she envisioned
transporting to Oklahoma City Airport . She replied not right now.
Councilor Hawkins asked if this request was just for the use of
the fifteen passenger van within the City limits of Wichita
Falls, and Mrs . Ford replied that was correct .
Councilor Hawkins asked if Skylark would be held to the same
basic rules as those of the taxi cabs, in particular the vehicle
age requirements . Mr. Parker replied that they would. Mrs . Ford
informed that the vehicles she will be using are 1990 and 1993 .
17
Item 6a cont' d
Councilor Hawkins commented that he was in favor of this and it
would be a big asset to the City.
Giola Kluver expressed appreciation to Skylark for the
service they provide .
Mayor called for additional comments and no one else wished
to be heard. Mayor declared the public hearing closed.
Item 7a
ORDINANCE NO. 110-95
ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B)
(2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO
PLACING CURB AND GUTTER ON THE WEST SIDE OF DITTO LANE,
ADJACENT TO THE EAST LINE OF LOT 2-B, CULLUM
SUBDIVISION
Moved by Councilor Thompson that Ordinance No. 110-95 be
passed.
Motion seconded by Councilor Hawkins and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 7b
ORDINANCE NO. 111-95
ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B)
(2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO
PLACING CURB AND GUTTER ON THE EAST SIDE OF ARENA ROAD
(FM HIGHWAY 369) , ADJACENT TO THE WEST LINE OF LOT 1,
BLOCK 50, MESA IRRIGATED FARMS
Moved by Councilor Johnston that Ordinance No. 111-95 be
passed.
Motion seconded by Councilor Hawkins .
Councilor Hawkins clarified that the second paragraph of the
request is for us to help obtain a water meter, however, this
vote is strictly for sidewalk, curb and gutter and not to give
them a water meter. Mr. Bonnett concurred.
Motion carried by the following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 7c
ORDINANCE NO. 112-95
ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF
ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE
EAST SIDE OF ARENA ROAD (FM HIGHWAY 369) , ADJACENT TO
THE WEST LINE OF LOT 1, BLOCK 50 , MESA IRRIGATED FARMS
18
Item 7c cont' d
Moved by Councilor Shine that Ordinance No. 112-95 be
passed.
Motion seconded by Councilor Daniel and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins .
Nays : None
Item 7d
A proposed ordinance was presented waiving Appendix A,
Section 7 (1) of the Comprehensive Subdivision Ordinance with
respect to placing a financial guarantee for construction of the
sidewalk along the northwest and northeast side of Lot 8, Block
1, Lake Wellington Estates, Phase I .
Moved by Councilor Martin that proposed ordinance be
passed.
Motion seconded by Mayor Lam.
Robert Seabury, 2021 Clarinda, said he was confused because
at the present they were drawing plans for a community center
with swimming pool and tennis courts for this lot and they
include a sidewalk. We would never leave that lot as a vacant lot
and when we go into our building permit, it will include a
sidewalk. I think Staff wants a letter of credit to guarantee
that the sidewalk will be built . I just do not understand. He
said it was a commercial lot and he would provide a set of plans
to Staff showing what they plan for that lot . He did not see why
it was any different from any other vacant lot where they build a
sidewalk at the time that construction starts . Obviously, I
cannot get a building permit unless I agree to build a sidewalk.
City Manager commented that it was his understanding that a
waiver was requested on this particular property waiving the
sidewalk requirement . Now what the City is recommending, after
instructions from Council to meet with Mr. Seabury, is a way to
guarantee that the sidewalk would be in there rather than waiving
it . I think that is what we have done .
Mr. Seabury stated that he was asking for a temporary waiver
until they build on it . Mayor said that was not what his letter
said. Mr. Bonnett said that one of the problems is that on the
subdivision the lot in question is entitled Beach Park, "Private
Park" . We have a track record of problems where lots are
identified as green space or private park and once they are
platted that way it is very difficult to control the
improvements . Mr. Seabury did ask for a waiver initially.
Council' s instruction was to see if we can work something out .
He can post a letter of credit guaranteeing the improvement and
once the improvement is in, the letter of credit is released. As
I understand it now, we are asking for a waiver of the letter of
credit .
Mayor asked if this is commercial property which will
develop, and will it be developed in a normal commercial way and
not as a park? Mr. Seabury replied that it is a park but it
includes improvements not just trees . It will include quite a
bit of construction. Mayor asked when title would pass and to
whom. Mr. Seabury said that title will eventually pass to Home
Owners Association and title will pass at that time . Mayor said
that City' s concern is the loss of control once there are no
additional permits to be granted. You could deed it without
improvements and that situation has happened in the past to the
City, and that is the problem. Mayor asked for a time frame and
Mr. Seabury replied that it will be built within two years .
19
Item 7d cont' d
Mayor said that letters of credit sound like an easy solution but
they can be a nuisance . However, I see the City' s stand point
that we need to have some backup that if this falls into somebody
else' s hands to develop besides yours, there is a guarantee at
the sidewalk is going in there and not just a park without
sidewalk.
Councilor Hawkins stated that at last Council meeting there
was a request from Mr. Seabury for a complete waiver of the
sidewalk. Now, he will have some time to build the sidewalk but
we want a letter of credit to guarantee it . If he wants to
remove his request for a waiver of building the sidewalk I do not
see any problem.
Mr. Seabury said he was removing the request for a waiver.
We intend to build the sidewalk, but we are asking for two years
without having to put up a letter of credit . He said a letter of
credit draws on his line of credit . Councilor Hawkins said he
realized that, and he wanted to know why he needs a waiver if he
is not going to do any construction on the site . Mr. Bonnett
said because it has been identified as a beach park on the
subdivision plat and has actually been identified as a private
park. Our track record is that title can pass and then the
homeowners in the area ask the City why the sidewalk is not
there . Title can pass and no construction can take place, then
the City is faced with funding the construction of the sidewalk.
Where we have a lot that is identified as a park or as a green
space it has historically created a problem for us .
Mayor commented that this is the last chance the City will
have to get this enforced. Therefore, we have to act on this now
versus later on a replat or a building permit . Mr. Bonnett
concurred.
Mr. Seabury said that the problem is that Mr. Bonnett is
looking at a preliminary plat prior to our decision to make this
into a community center and add considerable improvements to this
area. We have changed plans and I can provide Staff with a set
of the plans showing what we plan to do, which includes a
sidewalk.
Councilor Martin said that this was tabled so that he could
bring the completed plans today. Now we are looking at a much
different situation.
Councilor Daniel said that last week Mr. Seabury was asking
for a waiver for two different sidewalks in one single waiver.
What we proposed was for him to bring it back in two different
sections which he did.
Mayor asked Mr. Seabury if he was here to ask for a waiver
of the letter of credit . Mr. Seabury replied that he was but if
it is a big issue, it is just not that important . He just felt
it was unnecessary. Mayor said that due diligence on the part of
the City and this being the last chance to enforce this
requirement, they owe it to themselves to get the requirement
firmed up some way, and that is the bottom line .
Motion failed by the following vote .
Ayes : None
Nays : Mayor Lam, Councilors Johnston, Shine Thompson,
Daniel, Martin, and Hawkins .
20
Item 7e
ORDINANCE NO. 113-95
ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF
ORDINANCES WITH RESPECT TO PLACING SIDEWALK ALONG THE
NORTHERLY SIDE OF COVENTRY CIRCLE OR THE SOUTHERLY
BOUNDARY OF LOT 1, BLOCK 18, LAKE WELLINGTON ESTATES,
PHASE I
Moved by Councilor Shine that Ordinance No. 113-95 be
passed.
Motion seconded by Mayor Lam.
Robert Seabury, 2021 Clarinda, stated that they intend to
build a sidewalk down Lake Wellington Parkway which would be
across the street from the school and then we have three cross
walks through this park. We feel that is adequate and request
that the sidewalk across the south side of the park be waived.
There will be sidewalks across the street . Councilor Hawkins
asked if there will be a sidewalk on the Lake Wellington Parkway
side . Mr. Seabury informed that there would. Councilor Martin
asked about handicap ramps . Mr. Seabury replied that they have
plans to have handicap ramps . Mr. Bonnett informed that the
sidewalks that are installed on the interior of Lot . 1, Blk. 18
are there but are not handicap. He suggested that if Council
approves this request, they may wish to do it with the
understanding that handicap ramps will be installed at the three
entrances . Council agreed that the handicap ramps be required.
Councilor Daniel asked about a handicap ramp on the north
side of Lake Wellington, across the street from Lot 1 . Mr.
Bonnett informed that there was no handicap ramp because there is
no sidewalk built there . The school has the building permit on
that and he hopes the school will put in handicap ramps there .
Also, they are working with the developers and trying to get them
to install ramps whenever they come down on a curb.
Motion carried by the following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, and Martin
Nays : Councilor Hawkins
Item 8a
RESOLUTION NO. 174-95
RESOLUTION AUTHORIZING CARELINE, INC. TO ASSIGN THE
AMBULANCE SERVICE CONTRACT TO LAIDLAW, INC. ; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Martin that Resolution No. 174-95 be
passed.
Motion seconded by Councilor Thompson.
Mike Harmon, President of LifeLine, stated that the merger
with Laidlaw was going to be good. They have services closer and
we can draw upon that service . CareLine is further away. Within
the past year we replaced our front line fleet and we have added
some clinical improvements . Our experience with CareLine has been
positive and we trust that our relationship with Laidlaw will be
as good or better. It is a year to year contract and the present
contract term expires December 1995 .
Councilor Hawkins said the indication is that while LaidLaw
is going to be merged with CareLine they will continue to have
21
Item 8a cont' d
the same access they now have only an extension. Mr. Harmon said
it would be more capital and closer resources if needed.
Councilor Hawkins asked if this would be a savings to the City.
Mr. Harmon replied that it would be an improvement and that their
history is that they have reduced the subsidies and are confident
that they can maintain that trend.
He informed that they operate on 8 hour, 12 hour, and 24
hour shifts, and have a maximum of four ambulances on a regular
scheduled basis, but six are licensed in the City which they can
use .
Giola Kluver, 2938 Elliott, wanted to know the effect this
would have on pricing. Mr. Harmon replied that currently their
rates are below Medicare rates .
Motion carried by the following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 8b
RESOLUTION NO. 175-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, ACCEPTING BID FOR OIL, GAS AND MINERAL
LEASE ON A TRACT OF LAND OUT OF THE R. CARSON SURVEY
NO. 74 , ABSTRACT 108, AND R. CARSON SURVEY NO. 173 ,
ABSTRACT 107 ; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Moved by Councilor Shine that Resolution No. 175-95 be
passed.
Motion seconded by Councilor Martin.
Larry Godwin, 205 National Bank Building, stated that he is
a representative of Burns Operating Co. who will be the operator
of the leases . He informed that he has successfully demonstrated
to Staff that the City of Wichita Falls will have no liability,
whatsoever, financially or other wise for any operations
conducted on City owned property or City owned mineral interests .
The Railroad Commission has stated that should something happen
to get a leak in the lake water from any lease on City owned
property, the City can call the Railroad Commission and they
will take immediate remediation action. They will then track that
back to the responsible source and assess fines and the liability
to that source . If that source does not have the funds to take
care of that the State has a fund specifically for that purpose .
In addition, the Environmental Protection Agency (EPA) has issued
some regulations to the oil and gas operators that if they have a
production facility that has the slightest capability of getting
oil into the fresh water zones, then we have to operate under
their guidelines, which constitutes berming around those
production facilities sufficient to maintain 1500 of the maximum
production that is on that . We also have a $3 million liability
insurance and we will be glad to furnish certificates on that to
the City prior to any exploration conducted on the property. This
insurance covers everything.
Councilor Johnston asked for a copy of their SPCC Plan.
Motion carried by the following vote .
22
Item 8b cont' d
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 8c
RESOLUTION NO. 176-95 gip,
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE CONTRACTS FOR BANKING SERVICES WITH NATIONS
BANK OF TEXAS, N.A. FOR A FOUR (4) YEAR PERIOD
Moved by Councilor Daniel that Resolution No. 176-95 be
passed.
Motion seconded by Councilor Shine .
Mr. Werner informed that an advertisement had been run in
the newspaper for interested persons who wanted a packet . We had
three people pick up a packet and only two returned them, Nations
Bank and Bank One .
Motion carried by the following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins .
Nays : None
Item 8d
i
RESOLUTION NO. 177-95
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES
PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS
Moved by Councilor Thompson that Resolution No 177-95 be
passed.
Motion seconded by Councilor Shine .
Councilor Martin questioned whether there was truly an
independent contractor situation because we are exercising
supervision. He asked that City Manager check into this and
report back to Council .
Motion carried by the following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 8e
This item was deleted because it needs to be an ordinance
instead of a resolution, and will be presented at the next
Council meeting.
23
Item 9a
RESOLUTION NO. 178-95
RESOLUTION TO ACCEPT KEMP BLVD. WATER LINE RELOCATION
PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO
CONTRACTOR
Moved by Councilor Thompson that Resolution No. 178-95 be
passed.
Motion seconded by Councilor Shine and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 10a
Discussion on prohibiting the carrying of concealed handguns
on City-owned or controlled premises .
Mayor stated that it was now legal to carry concealed
weapons and Council needs to formulate policy for City-owned or
controlled premises . He asked for legal to report on what can and
cannot be done .
Assistant City Attorney stated that Council has the right to
prohibit weapons on City-owned premises and the only exclusion is
public parks . You cannot prohibit someone who is licensed under
the new State law from carrying a weapon in a p park.
However, you can pass an ordinance for those who are not licensed
to carry a weapon and prohibit them from carrying a weapon in
public parks . The other public buildings you do have the
authority to prohibit weapons .
Mayor asked how this would be controlled. Mr. Sullivan
replied that as to the public facilities it would be a violation
of City ordinance and the fine would be a minimum of $100 and a
maximum of $500 . Mayor stated that it would be in the measure of
a fine between $100 to $500 .
Councilor Hawkins questioned why Council should enact an
ordinance prohibiting someone from illegally carrying a weapon
when State law already prohibits it . Mr. Sullivan responded that
they would be in violation of City ordinance as well as State
law. State law would be a higher penalty.
Councilor Hawkins did not think that an ordinance was going
to stop anyone from carrying illegal weapons . He said we should
give the State law a chance to work. We are saying we do not
trust the citizens who are getting these licenses . If a person
has a license to carry a gun and he has business at city hall, he
would have to leave his gun in the car. I think it would be
better for him to continue carrying it on his person. I think we
are trying to make a mountain out of a molehill where it does not
exist . We should address this when the need arises . Why are we
even bothering with it?
Mayor replied that we are bothering with it because it is a
public issue that every City in the State is dealing with. We owe
the right to have some kind of control over City facilities . I
would hate to send out the message that it is alright to bring a
concealed weapon into these facilities . I would like for us to
address some sort of ordnance to prohibit that .
Councilor Johnston asked if State law prohibited concealed
weapons in State buildings and facilities . Mr. Sullivan replied
that he was not certain but he assumed that they did, however,
State law does prohibit concealed weapons in public meetings such
24
Item 10a cont' d
as this one . Councilor Johnston commented that weapons are
prohibited from public meetings but not out in a corridor or
hallway.
Mr. Sullivan informed that Council' s authority as relates to
public buildings means the interior of those buildings not the
exterior such as parking lots and sidewalks . Councilor Martin
stated that we need an ordinance covering our public buildings .
You already have the control at the Courthouse and it is a public
building. I believe in the right to bear arms but a weapon in the
hands of an untrained person is a dangerous things . We should +
have an ordinance prohibiting the use in all City owned
buildings .
;
Councilor Shine said he thought we should look into it .
Councilor Johnston asked if this affected City owned
transportation. Councilor Hawkins stated that it is already
against the law. Mr. Sullivan informed that there was an Attorney
General' s opinion as to buses, but it does not really answer the
question. The opinion states that it depends on the facts of the
particular case as to whether or not that is a proper exercise of
the City' s power. My opinion is that we should have the
authority to pass something prohibiting weapons on a bus . The
Attorney General' s opinion did not answer that question.
Councilor Martin asked if a private business has the right
to post on his own that no firearms are permitted on this
premises . Mr. Sullivan replied that was correct .
Councilor Thompson said he supported the ordinance . He said
it was hypocritical of the process in that this was passed by the
State and we as elected officials say we want to be sure and
protect ourselves . I am sure in Austin they have a law that
weapons cannot be brought into the State Capitol . I have been
opposed to the nth degree that this is such an injustice and puts '
our citizens at risk. I am in favor of passing an ordinance
prohibiting weapons . Regarding wording in the information
provided to Council on this issue, he asked that the wording be a
consistent; use either the words "City premises" or "public
property" .
Councilor Daniel commented that Council is obligated to look
at an ordinance . He asked Chief Harrelson to check with his peers
in other cities to see which direction they are moving. It is my
understanding that handguns are prohibited from State buildings .
There were a number of reasons given for this State law. I do not
think any of those are applicable to a building such as this . I
cannot see a legitimate reason for anyone bringing a handgun into
City Hall or other City buildings . Councilor Thompson commented
that it would influence debate and discussion if someone was
carrying a weapon.
Councilor Hawkins said that the law was already in the books
that a weapon could not be carried into a meeting like this .
What this ordinance does is talk about the hallways people who
carry a weapon in their everyday walk of life and they have to go
into one of our City-owned buildings and have to make a provision
for the storage of their gun while they are in there . I do not
think it is a major deal . What we are saying is that you are
legal to carry the weapon because you are now licensed but the
rest of you who don' t go to the trouble to get a license this
does not apply to you.
Councilor Thompson gave an example of why that does not hold
water. There are some buildings that we provide certain city
services and sometimes you have to say no to people, some of them
have a very negative reaction. Verbal threats are made, hostile
discussions are undertaken and just imagine if they had a weapon
available . We do not want to put the people at risk
unnecessarily. If that is the case then everybody ought to be
armed, even those inside the buildings . We should protect the
citizens .
25
Item 30a cont' d
Mayor said that the consensus is that Staff re-look at the
language, firm it up and bring it back to Council for action.
Councilor Hawkins asked that Staff bring a report on some of the
other major cities and how they are handling this .
Item lob
Giola Kluver, 2938 Elliott, thanked the Council for co-
sponsoring the meeting on gangs at Barwise . She complained about
the gangs at the What-a-Burger and their filthy language .
Item 10c
Councilor Thompson requested that the situation on the East
Side regarding the high rates of cancer be looked into. City
Manager informed that the State Department of Health has
announced that they are brining in a team to investigate that .
The City will be more in a position to provide historical
information and we will assist . Councilor Thompson asked that our
Health Department make note of unusually high death cases,
wherever it is, and try to look into it .
Councilor Hawkins asked Mr. Bonnett for a briefing on the
Lake Wichita dam spillway. Mr. Bonnett informed that the Lake
was down to 975 feet . The last rain it was over the dam at 976
feet . We have constructed the channel and the by-pass valving
from Lake Diversion and it is all in place . We have recently
provided seeding for the channel and we would like to get some
growth on that seed to prevent erosion, and probably flow it at
least one time before we shut down. The Lake Diversion system is
shut down on or about the first of November and will not be
opened again until the first of March. It will not take much of a
rain to take that over the dam or over the spillway. It is such
a small lake basin that any rainfall would fill that up quickly.
Mayor mentioned that he had unsolicited comments regarding
the Lake, one from a resident and one from Texas Wildlife, that
things did not look as bad as it appeared on paper. It is good
news that the lake is looking as well as it does, and is not in a
bad situation according to those who monitor it and live out
there . Mr. Bonnett agreed and said that the beauty of it is we
are going to stabilize the lake level and that has to be helpful .
Councilor Hawkins commented that we spent our money and we do not
want to wash the seed into the lake .
Councilor Hawkins said that he appreciated the Staff' s
support when he calls .
Councilor Johnston asked for clarification regarding
handicap ramp requirements everywhere a curb is crossed on new
sidewalks . Mr. Bonnett informed that there is such a
requirement, however, the point in question is that there is
going to be an in-between block requirement . We may be able to
encourage that or we will work with the developer to get that in-
between blocks . Whenever the sidewalk comes up to a curb we kill
the curb and drop the sidewalk down to an ADA ramp .
Mayor asked Council to review the members of the previous
Library Committee and provide recommendations from those members
or others in their districts at the next Council meeting. Mayor
stated that their goal would be to establish a Library Committee
at that meeting.
Councilor Martin referred to the wild dog situation around
Lake Wichita. He asked what could be done to control the tall
weed problem which impairs the animal control personnel from
catching these animals . City Manager stated that since it is
private property, we would be setting a precedent if we mowed it .
26
Item 10c cont'd
It may be more appropriate for the people who operate the pens,
the School District, to look into it . Councilor Martin suggested
that City work with them to control this situation.
Councilor Martin asked that Staff invite Killeen Youth
Activity Council members to speak to this Council about their
program. Councilor Johnston said that they wanted to bring some
of their youth with them, therefore, this would have to be a
Saturday meeting.
Councilor Martin requested that a highway commission be
formed as soon as possible in order to line ourselves up for
available State funding. Mayor commented that he did not have a
problem with that and informed that he was on the Highway
Commission. He asked for the procedure to form a citizens highway
commission. City Manager replied that this needed to be looked
into legally and procedurally. He thought it was the same as
appointing any other commission, put it on the agenda, make
appointments and give them their charge . He said it would be
advantageous to appoint a regional commission. Mayor urged
Councilor Martin to discuss this with BCI and if he does not
receive satisfaction that they are moving the right direction
then we need to look at it .
City Manager informed that the project which seems to be
moving again is the overhead project . State officials want to see
some official indication from the City on what our position is .
City Manager will have Staff do a further study on that and will
report back to the Council . Mayor said he did not see anything
wrong with sending a resolution forward on it to the State and
request that the County do the same, and give the state whatever
they need to move forward on this . He directed Staff to prepare
an update .
Councilor Hawkins asked about the status on the additional
ramps to access MPEC. City Manager replied that was one of the
things that was brought up in past year' s hearings . Mr. Bob
Parker informed that yesterday he received information from the '
State that they are in the planning stage . Mayor said that
basically this Highway Committee sent a letter to the State in
effect approving the project only under the condition that we had
egress and ingress ramps . It is my understanding that the State
knows full well that we do not want to proceed unless we have
those ramps .
City Manager said Council will have an update at the next
meeting.
Councilor Daniel said that he realized the State wants to
see a resolution and I would support the overhead project, but,
before we do that I would like to see it go through a committee
and through a rigorous analysis so that we know what we are
authorizing and resolving. Mayor commented that we have had that
debate once, but agreed that the other committee should make a
recommendation.
Councilor Martin informed that early voting for the
Constitutional Amendments begins October 18 at the Courthouse,
Target and K-Mart . He encouraged citizens to get out and vote .
Councilor Shine commended Mrs . Norma Crane for her efforts
in putting the Clean Country breakfast together. He thanked the
Staff for their cooperation when he calls .
Item 10d
City Manager informed that Best Aviation at the Municipal
Airport will be changing their operating hours, 6 : 00 a.m. to
10 : 00 p.m. , instead of 24 hours a day.
27
Item lod cont' d
Mr. Parker informed that the new airport manager is Ron
Washburn and he will begin November 1, 1995 .
City Council recessed at 10 : 00 a.m.
Item 10e
City Council went into executive session at 10 : 20 a.m. as
authorized by Section 551 . 074 of the Government Code .
The City Council reconvened at 12 : 15 p.m.
The City Council adjourned at 12 : 15 p.m. .
PASSED AND APPROVED this Kati day of/I ou6H 6E-g -lam
Michael Lam, ayor
ATTEST:
IIUJ a a Torres
Cite Clerk
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