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Min 12/19/1995 74 Wichita Falls, Texas Memorial Auditorium Building December 19, 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 Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. Bob Christmas, Allendale Baptist Church. Mayor Lam introduced and welcomed Mr. George Casper, the new Executive Director of the Multi Purpose Events Center. Item 3 Moved by Councilor Thompson that the minutes of the December 5, 1995 meeting be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam. Councilors Johnston, Shine, Thompson, Martin, and Hawkins . Nays : None Items 4a-4c Moved by Councilor Martin that the Consent Agenda be approved. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins . Nays : None Item 4a Minutes of the following boards and commissions were received. 75 Item 4a cont' d a. Wichita Falls Park Board, October 26 , 1995 b. Planning and Zoning Commission, December 13 , 1995 c . Water Resources Commission, December 1, 1995 Councilor Daniel arrived at the Council table . Item 5a ORDINANCE NO. 145-95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, GRANTING TEXAS UTILITIES ELECTRIC COMPANY AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, ERECTING AND MAINTAINING ITS POLES, TOWERS, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS AND OTHER STRUCTURES AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, ALLEYS, PUBLIC GROUND AND PLACES IN SAID CITY; PRESCRIBING THE CONSIDERATION THEREFOR; PROVIDING FOR RIGHT TO USE CERTAIN FACILITIES OF THE ELECTRIC COMPANY; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID FRANCHISE; PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEPARABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND 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 Ordinance No. 145-95 be passed. Motion seconded by Councilor Shine and carried by the following vote . w Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 5b ORDINANCE NO. 146-95 ORDINANCE ADDING ARTICLE IV TO CHAPTER 17 AND AMENDING SECTIONS 17-57 AND 17-62 OF THE CODE OF ORDINANCES TO PROVIDE RULES, REGULATIONS AND POLICIES FOR THE MARKETING OF MATERIAL FROM THE CITY COMPOSTING FACILITY; AND PROVIDING NEW RATES FOR SOURCE-SEPARATED COMPOSTABLE ORGANICS Moved by Councilor Shine that Ordinance No. 146-95 be passed. Motion seconded by Councilor Johnston and carried by the following vote . war Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 76 Item 5c ORDINANCE NO. 147-95 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 HORSESHOE LAKE ROAD, ADJACENT TO THE EAST LINE OF LOT 2 , UNIT 59, WICHITA VALLEY FARMS Moved by Councilor Thompson that Ordinance No. 147-95 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 5d ORDINANCE NO. 148-95 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL 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. 148-95 be passed. 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 5e ORDINANCE NO. 149-95 ORDINANCE WAIVING SECTIONS 31-72 OF THE CODE OF ORDINANCES REGARDING AGE REQUIREMENTS FOR VEHICLES FOR HIRE Moved by Councilor Hawkins that Ordinance No. 149-95 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6a RESOLUTION NO. 204-95 RESOLUTION AMENDING RESOLUTION 120-86 TO RETAIN A PORTION OF THE LOG CABIN RENTAL DEPOSIT FOR FAILURE TO PICK UP KEY 77 Item 6a cont' d Moved by Councilor Martin that Resolution No . 204-95 be passed. 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 6b RESOLUTION NO. 205-95 RESOLUTION APPROVING CONTRACT FOR DESIGN AND INSPECTION OF SANITARY LANDFILL CELL XII Moved by Councilor Thompson that Resolution No. 205-95 be passed. Motion seconded by Councilor Martin. Mr. Bonnett informed that Sanitary Cell XI is complete and is in use, and will be moving into Cell XII next year. They met with TNRCC to consider alternative liners which could save about $250 , 000 a year. The one that looks more promising is to eliminate the two foot clay liner and utilize the flexible membrane liner. They have filed a modification request with the State and hope to have a set of plans ready to go on or about February 1 . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6c RESOLUTION NO. 206-95 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT BETWEEN WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK, TEXAS, AND LAIDLAW MEDICAL TRANSPORTATION, INC. FOR AMBULANCE SERVICE Moved by Councilor Thompson that Resolution No. 206-95 be passed. Motion seconded by Councilor Martin. Mrs . Hillery informed that this is a one year extension on the contract . There is no rate increase or subsidy adjustment . Charles Grady will be taking over this operation and Lifeline will make a slow transition to become Med Trans . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 78 Item 6d RESOLUTION NO. 207-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR A SOLID WASTE ENFORCEMENT ASSISTANCE GRANT; 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. 207-95 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 7a William C. Young, 1018 Widows Lane, requested that Council appoint volunteers to handle handicap parking violations . City Manager informed that Chief Harrelson has prepared a memo regarding this issue recommending that the City try it . Council should be receiving that directly. Arnold Oliver, 2407 Lou Lane, mentioned the following concerns and observations which he and other citizens feel should be addressed by the Council . There are some shortcomings which, if not corrected soon, will begin to hamper the growth and lower the quality of life we have come to enjoy. Federal funding for Plum Creek Project, traffic congestion, street repairs, Kemp Public Library, public health and safety, were some of the items which he believes need attention. The major problem is that there is no funding. Mr. Oliver stated that there are citizens who are interested and concerned enough and who are willing to try to address this and find resources . He asked that Council consider this at their retreat . Mayor stated that this Council is certainly aware of these needs and have discussed setting goals . There are two alternatives, of which taxpayers have a hand in approving both. One is a capital improvement bond issue, and two, is the half cents sales tax, where that money can be dedicated to achieve these projects . However, we need some expression from the community and from those who are willing to accept the challenge and help get the job done of which is the best way to approach this . We are ready to move and we will study them again and set goals again. Mr. Oliver mentioned that most goal programs which worked well in other cities resulted from action of the governing body and a group of concerned citizens . He has observed that in the history of all those cities, improvements which have been met have never been met with overwhelming acceptance to have to raise taxes to find the resources . When we live in a city with cultural or recreational amenities we take advantage of these and we forget that people before us faced the same problems to put in place those amenities we now enjoy. As good citizens we should try to give back something to the City in order to make our City better for those who will follow after us . Sacrifices have been made by elected officials in time and effort money and in criticism by taking bold steps to keep the City going forward. It will not be easy, but there is a solution. Mr. Oliver suggested pulling together a group of interested citizens to possibly come up with a solution. He offered one option as innovative financing of some of these projects . 79 Item 7a cont' d Councilor Daniel said that our ability to fund capital projects and infrastructure in recent years has been, seemingly, strictly through budget surplus, as they might arise . That is strictly out of our control, it is dependent upon the economy and if property evaluations go up, because we can not and do not want to raise taxes . Point in fact is the McGrath Creek Project . Without recent budget surplus, right now we would be scrambling to find the money to meet our funding requirements . In addition, another project we are looking at in the immediate future is the relocation of the Library, which is an absolute necessity. Councilor Daniel suggested appointing a committee to review the needs Mr. Oliver has presented. Mr. Oliver was asked if he would agree to serve on this committee and he agreed. Mayor stated that he supported Councilor Daniel' s recommendation. He directed City Manager and City Attorney to prepare information on this for the next meeting. Councilor Hawkins asked that interested and concerned citizens come forward and let Council know if they are willing to serve on this committee and provide ideas on how to pay for these needs . There was a consensus from the Council as to citizen input in this matter. Alston O'Hara, 4113 Aspen, expressed appreciation for the overlay of Covington Street . He asked that Code Enforcement or someone look into having the Coachman Inn on Loop 11 secured. Also, he suggested that the speed limit on Lawrence Road from Callfield to Kell be changed from 45 m.p.h. to 30 m.p.h. for safety reasons . Dan Shirey, 1201 Shoreline, Lakeside,Texas, mentioned that the project to make improvements to an irrigation channel to transport water from Lake Diversion to Lake Wichita is completed. However, it is his understanding that water is not pulling through that channel into Lake Wichita and the water level of the Lake is below 976 . He wanted to know what the City' s plans are to maintain the Lake level at 976 . Mr. Bonnett informed that that flow of water is only available during the summer months and, therefore, are subject to the whims of nature . Hopefully, when we do get water back into the channel, we will be able to control the lake level a little closer. City Manager said that they will look into it and will prepare a complete report on this issue . Mayor asked Mr. Shirey to check back at the first meeting in January. Item 7b Councilor Thompson said that this is the time to rediscover the reason we celebrate Christmas which is the birth of the Christ Child. The most important thing we have in our cities are our people and we want to express the love that Christ came to bring. He wished everyone a good year in 1996 and asked that we stretch a helping hand to those in need. He quoted Helen Keller when she said "there are people who have two good eyes who refuse to see" . He asked that those who have resources, physical, mental or financial, try to help those who have less than we in _. 1996 . Councilor Hawkins requested that we ask the State for assistance to continue Loop 11 across 287 to S .A. F.B . in order to avoid traffic problems . He asked Mr. Bonnett to look into this and discuss it with the State . Councilor Martin expressed his appreciation to the citizens of Wichita Falls for all the beautiful Christmas decorations . Also, he gave thanks to the employees who work out on the streets 80 Item 7b cont' d and keep the City moving, such as the sanitation workers, the street work crews, and others . He thanked them and wished everyone of them and their families a Merry Christmas and a prosperous new year. Councilor Shine wished everyone a Merry Christmas and a prosperous new year and wished everyone' s families well . Mayor Lam proudly announced the birth of another granddaughter, Abigail Victoria Lam born in Austin on December 7 . He also mentioned the birth of Rachel Marie Smith, daughter of his Office Manager Teresa Smith. Mayor wished everyone a Merry Christmas and expressed his appreciation for the support given to the Council this year and looks forward to a prosperous 1996 . Item 7c City Manager wished Council and citizens a happy holiday season. He also expressed appreciation to Councilor Martin for his comments about the employees . Item 7d City Council went into executive session at 10 : 00 a.m. as authorized by Section 551 . 074 of the Government Code and Section 551 . 071 of the Texas Government Code . City Council reconvened at 11 : 56 a.m. Councilor Thompson was not in attendance . Item 7e No appointments made to the Firefighters and Police Officers Civil Service Commission. Item 7f Moved by Councilor Martin that Mr. Clarence Muehlberger be appointed as the joint City-County representative and Chair to the Commission on Highway Transportation Assistance Needs, and that this recommendation be made to the County. Also, that the following persons be appointed to serve as the City' s representatives on this Commission: Linda Ammons, Dick Harris, Arnold Oliver, and Jimmy Stacks . Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None The City Council adjourned at 12 : 01 p.m. 81 PASSED AND APPROVED this day of 19 Mic ael Lam, ATTEST : L yd' Torres Citp Clerk