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Min 01/02/1996 82 Wichita Falls, Texas Memorial Auditorium Building January 2 , 1996 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 - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. Invocation was given by Rev. Jerry Hodges, Western Hills Baptist Church. Item 3a Sandra Stahr, Police Department Training and Crime Prevention Unit, was honored as Employee of the Month. Mayor Lam presented her with a plaque, City pin, theatre and transit tickets, dinner for two, and a check. Mayor Lam proclaimed the month of January as "Crime Stoppers Month" in Wichita Falls . Item 4 Moved by Councilor Thompson that the minutes of the December 19, 1995 meeting 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 Items 5a-6b Moved by Councilor Shine that the consent agenda be approved with the deletion of Item 5a. Motion seconded by Councilor Johnston and carried by the following vote . 83 Items 5a-6b cont'd Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6a RESOLUTION NO. 2-96 RESOLUTION TO ACCEPT THE LANDFILL LINER CELL NO. XI PROJECT AND AUTHORIZE FINAL PAYMENT TO CLUFF CONSTRUCTION COMPANY Item 6b RESOLUTION NO. 3-96 RESOLUTION TO ACCEPT THE ADDITION TO FIRE STATION NO. 2 PROJECT, CHANGE ORDER NO. 1 AND AUTHORIZE FINAL PAYMENT TO NORMAN R. BRATCHER CONSTRUCTION COMPANY Item 5a RESOLUTION NO. 1-96 RESOLUTION AWARDING CONTRACTS FOR PURCHASE OF TREES FOR PARKS AND MEDIANS Moved by Councilor Martin that Resolution No. 1-96 be passed. Motion seconded by Councilor Daniel . Councilor Johnston asked why none of the eight local vendors submitted bids . Mrs . Gahagan informed that Wichita Valley Landscape submitted a bid but it was late, and she returned it to them unopened as required by law. Other local vendors were contacted by Mrs . Gahagan and the reasons given for not bidding were that they are no longer in the tree planting business, one did not wish to bid against some of his customers, and one could not compete with local sources . Motion passed by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None City Manager requested that Item 10b be moved up on the agenda at this point . He informed that Mrs . Kay Yeager had to attend the Commissioners Court meeting this morning. Item 10b RESOLUTION NO. 7-96 RESOLUTION AWARDING BID FOR CONCESSION EQUIPMENT AND MOVING AND REFURBISHING OF KITCHEN EQUIPMENT FOR THE EXHIBIT HALL OF THE MULTI-PURPOSE EVENTS CENTER Moved by Councilor Shine that Resolution No. 7-96 be passed. Motion seconded by Councilor Thompson. Councilor Hawkins asked how much of the equipment was being moved and was the City getting credit for that in proportion to their contribution. City Manager replied that was a situation 84 Item 10b cont' d where the equipment sitting at the Activity Center was not doing us any good and has better use at MPEC. The City is not getting credit because essentially what we are looking at are fixed tax dollars in each of the City and County' s amounts . We are not in a position to ask the County to match that because they have told their electorate that they won' t put any more money in it . It is not going to be reduced from our $9, 000, 000 contribution. Councilor Hawkins was concerned that we were running behind on MPEC and we have tried to insure citizens that no tax dollars are going over there . City Manager stated that both the City and the County put in $9, 000, 000 cash, each, and that no other direct tax dollars would be put in. We would have the option to get reimbursed for labor and other things, if Council chooses . However, since there is already the problem of being somewhat short on it, any money taken out would just compound it . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7a A public hearing was held on a request from Presidential Limousine of Texas, Inc . to increase the number of authorized taxicabs from five to ten. Mayor declared the public hearing open. Alfred S . Tucker, owner of AAA Falls Cab Company, opposed authorizing additional permits to Presidential Limousine at this time . He said that Presidential Limousine has violated City ordinance from the beginning. In April at a taxi cab review committee, the issue was brought up of Presidential using vans to load at the airport . During that meeting the discussion was for four additional limousines in addition to the two he already had. He has continued to violate loading at the airport with marked vans which have not been registered with the City. Most recently, he operates a charter bus, along with the vans, and the taxi cabs . He is picking up within the City without authority and ignoring City ordinance . He has received authorization to operate a wheelchair transport van as a special service vehicle under his limousine permit . During the taxi cab committee meeting, pictures were shown of stretch limousines, and now they have turned out to be transport vans, 15 passenger vans, and buses . By authorizing five additional taxi cabs to someone who is violating a City ordinance is just going to increase the possibility of ruining two cab companies . Mayor summed up that Mr. Tucker' s claim was that Presidential has violated their permit, and that he is opposed to someone who violates permits and does not operate under their franchise correctly. Mr. Tucker agreed and added that there is not enough business for five additional cabs . Mr. Tucker also mentioned that the taxi cab review committee was bypassed and this request was brought directly to the Council . He thought this was strange since in the past when additional vehicles were requested by himself or Mr. Ramirez they went through that committee . Claudio Ramirez, owner of All American Cab Company, stated that something was out of balance. He mentioned that when they got behind, his son picked up a $2 . 15 call, they were penalized and put on probation for a long time . Now, we have vans loading at the airport, at the base and taking them to the airport, all under the name of special service vehicles . He said he wanted some of those too. He said there is a discrepancy with the 85 Item 7a cont' d number of seats allowed in their vans and those of Presidential . He wants to know where the difference is . He said they are not allowed to operate with the same number of seats as Presidential . He said they should all be treated the same . Mr. Ramirez commented that the overall business has dropped to 70% . He attributes that to the base restricting their personnel . He said that five or six cabs could take care of the whole town if you space the calls just right . The reason they asked for more permits was because of the Friday night influx. Councilor Johnston asked Mr. Ramirez if he contended that there was not enough business for an additional five cabs and that forty cabs was enough. Mr. Ramirez replied that any one of the three cab companies could handle the service if the calls were spaced out right . It won' t take that many cabs, but we have to be ready for when we are needed. The calls cannot be spaced out . William C. Young, 1018 Widows Lane, stated that this one cab company appears to want to take over the whole shebang with the help of people who should not be trying to do that . Mr. Wade has a reputation for disregarding other people' s rights and rules . For example, he had one of his handicap vans parked in a handicap parking space all day at the mall . He can drop them off and park somewhere else . Mr. Young questioned how he had obtained the handicap license plates . The law applies to us but not him. That is my opinion. Jody Wade, owner Presidential Limousine, wanted to clear up some things which were said here today. First, the handicap van is permitted under the special service vehicle franchise . Handicap people need to go Christmas shopping and we took them inside the mall shopping. That is what they were doing parked at the mall . Councilor Hawkins asked if he had handicap plates on it . Mr. Wade responded that he did and they are issued to Presidential Limousine of Texas . Regarding the vans operating in the City, 60% of our business is contracts which has no regulation of City authority. That is where the customer in the vehicle is not paying for the fare . Also, our buses and vans are permitted with the Interstate Commerce Commission and with the Federal Department of Transportation. The Texas Railroad Commission has just deregulated fifteen passenger vans as far as use . I want to clear up that there are other types of transportation beside taxi cabs . Our vans pick up people at DFW Airport and bring them into Wichita Falls, which does not require City regulation. He picks up people here at the airport in a fifteen passenger special service van and takes them to Dallas, and this is not under City authority, it falls under the Railroad Commission laws, which has just been deregulated. What has not been clarified is that transportation within the City that is regulated by the City is when your origin pick up is within the City and your drop off is within the City. Even picking up at the airport and taking them to Burkburnett is not under City control . As far as our charter buses, they are under federal regulation, as long as we do not get into competition with the City in shuttling people back and forth. Regarding loading at the airport, we have a contract with SAFB on the Exodus program and we had charter buses and fifteen vans transporting the airmen. Today I am here to address our request for five additional cabs . Our main goal is to improve the quality of transportation. We have sent out surveys and have received great responses on how to better serve the citizens and we act on those responses . We promote good quality with our service . He handed out some ordinances which the Council had passed in 1989 . He addressed Ordinance No. 2-89 and read the statement of policy and purpose . He mentioned that the vehicle age requirement had been on the books for ten years and it states that no licensed vehicle can be any older than ten years old. Mr. Wade informed that there are only twenty-five cabs permitted as of today. There is definitely a shortage of cabs . An ordinance was passed in July which changed the vehicle age and these two companies were 86 Item 7a cont' d grandfathered in this ordinance and I had to abide by it . I have been affected by the changes in these ordinances just as anybody else . Because of the number of permits that have dropped from these companies and not having their permits filled is not because of change of ordinances that put a lack of entrepreneurship or lack of financial stability on these two companies . They have had plenty of time to update their vehicles and take them off the ten year age requirement . In closing he thanked the Council for an opportunity to change the taxi image in Wichita Falls and give the citizens a different type of service . We have also obtained other contracts with local dealerships to provide shuttle service . The vans are running contract calls . Councilor Martin asked why this was not put through the taxi review committee . Mr. Dockery replied that the committee is primarily a staff committee and the intent is to receive staff input from those entities to see what our recommendations would be to the Council . In the past when taxi cab requests have come up for changes in the ordinance, we have taken it before that committee and as a courtesy invited the cab companies . In this case the request for five additional cabs was not reviewed by the committee because the staff felt that at this time with forty cabs authorized there was not a need to increase the number of vehicles . However, some of the cab companies have not permitted all the vehicles they are authorized under their franchise . That brings up an issue of whether we are going to have forty vehicles permitted. As far as the review committee, the staff discussed it and made a recommendation that at this point we not increase the number of cabs, unless there are some other issues to be considered. Mr. Wade commented that at the time staff made that recommendation there were forty cabs on the street and now there are only twenty-five . Councilor Johnston asked what the policy is for who gets the next available space if we have a limit of forty and one drops out . Mr. Dockery informed that there is a provision in the ordinance that requires the cab company to license all that they have authorized. If they do not, Council can consider reducing the number authorized. It is ultimately up to the Council of who receives those permits based on the services being provided. Councilor Thompson wanted to know what time frame the Council had to make that decision. Mr. Dockery said the Code does not address a time limit . Councilor Johnston clarified that Council would have to remove permits from one company to give to another company. Mr. Dockery stated that Council could either increase the number to forty-five or deny the five . Councilor Johnston asked if it was Staff' s recommendation to stay at forty cabs . Mr. Dockery replied that Staff had not received indication from the citizens that forty cabs are insufficient . Councilor Hawkins commented that authorizing an additional five cabs would not preclude the other cab companies from going back and brining on more, so that we would have forty-five on board. He asked Mr. Parker if there are some cabs that will likely go back into service . He said there were, but he did not know how many, however, they have two open which have not passed. Glen Tucker, owner operator of two cabs with All American Cab Company, stated that they have different regulations than Presidential . He stated that their cabs are only allowed seats for eight passengers and Presidential has a twelve passenger van with seats loaded. He tinted the windows on the van and as of last weekend the seats were still in the van. Mayor said that Mr. Wade had explained the use of his vans earlier. Mr. Tucker said that the yellow van says Presidential Taxi . It was stated 87 Item 7a cont' d by the Council that he is not to mix the limousine and taxi business, and this does have a taxi decal on it . Mr. Alfred S . Tucker stated that when the committee approved an ordinance putting the eight year limitation on vehicle age, we had asked to go back to that committee, however it went back to Council without going back to the committee . The only thing on the revised Ordinance No. 75-95 that ever came up for public hearing was the fact the Mr. Wade could not park at the airport . The rest was of this ordinance was never addressed at the public '° hearing, but was signed by Mayor Lam. The only discussion that was ever had was whether or not Presidential Limousine could be authorized to park at the airport and the one hour limitation on his vans . Mayor stated that when this ordinance was passed there was opportunity for the audience to address any issue; that opportunity is always provided to the audience and the Council . Mr. Tucker suggested that they review the Council meeting film. He said that he and Mr. Ramirez waited and there was no chance for discussion. Mayor said that he may have been mistaken when he was to act, but he guaranteed that an opportunity was provided. Mr. Tucker said that the 1987 Ordinance had a ten year age vehicle limit with the Director of Transportation having the authority to waive the ten year limitation if one of those vehicles was in excellent condition. Mr. Parker exercised that waiver with the vehicles which were in excellent condition. The waiver is not included in the new ordinance . We had no reason to upgrade our vehicles because our ten year taxi cabs with the waiver from the Director of Transportation was all we needed. Mayor commented that Mr. Tucker had the incentive to get it done by 1996, but has not obtained all his authorized permits . Mr. , Tucker said that would have required taking all of his equipment out of those cabs, spending additional money for six permits and there is nothing that says when he has to have his twenty permits . Councilor Hawkins said that he understood why Mr. Tucker waited until the end of the year to start replacing his cabs . Mr. Tucker said that as the business builds back up he will replace the cabs . Mayor clarified that he had said as the business builds back up, and Mr. Tucker stated that he would replace the cabs as needed. He asked if the Council was going to put a limitation on him for doing this . In order for the Council to take my franchise I have to violate a City ordinance . Paul Johnson, 4004 Featherston, said he had worked for Presidential and he knows they do not have fifteen vans . When he worked for Presidential he took the rehab van in for inspection and the tires were never pulled. Then when he was fired and went back to work for AAA Falls Cab he took one of their vehicles in for inspection and the tires were pulled. He did not understand what was going on. Mayor commented that probably someone made the judgement to pull the tires . Mr. Johnson said that he had heard a rumor that all the tires were going to be pulled. He said he had a question of fairness . Mr. Parker commented that last year they pulled the tires on those that were spot checked. This year he made a determination to pull the tires on every vehicle that came in starting with this year' s inspection. Giola Kluver, 2938 Elliott, exhorted Council to give information to all cab companies that they need to drive and be citizen friendly. Claudio Ramirez, Jr. 2401 McNiel, Manager of All American Cab Company, said that they have to abide by the rules but the other company does not and it is not fair. The only thing that we are against is the fifteen passenger yellow taxi van. Why 88 Item 7a cont' d should he have the right to load up from the bus stop where your transportation bus comes, and load them at a cheap rate and we can' t . That is not fair to us . Mayor said that the issue today is the request of an additional five cabs . Your issue is that he does not operate under present regulations so he should be denied the five additional cabs . Mr. Ramirez stated that Mr. Parker told them that forty was the maximum for taxi cabs in Wichita Falls . Mr. Ramirez has twelve cabs permitted out of fifteen and will put the other two on within the next two months . Angela Faubion, 4540 Barnett Road, said she is Mr. Alfred S . Tucker' s daughter, and she is the dispatcher for AAA Falls Cab. She stated that her father intends to fill all twenty of his permits . She said that Mr. Wade mentioned giving the citizens of Wichita Falls quality service, but when they wait forty-five minutes to an hour for his cabs, this is not prompt service . She asked Council not to put the two cab companies out of business by allowing Mr. Wade on. Give them a chance to overcome this grandfather clause . Mr. Wade is the one who asked to upgrade quality of service of cabs and he is making the stakes very high. We are all working people and we all have to work together. Mr. Wade commented that the reason for their request was their response time was slow. Mr. Glen Tucker said that Mr. Wade has five permits, and we are not allowed to leave this City to go to another City which has an existing taxi cab service and pick up customers . Mr. Wade sent four of his cabs to DFW and he left one cab in town, and for that reason his slow response time is his problem. He operated illegally under City ordinance because there is an existing taxi cab service in Dallas . He wants to be a bus line, a limousine line, and the taxi cab business, and that is why he cannot pick up his calls in a timely manner. Mayor Lam declared the public hearing closed. Item 8h A proposed ordinance was presented authorizing an additional five taxicabs to the franchise of Presidential Limousine of Texas, Inc . Moved by Councilor Martin that the proposed ordinance be passed. Motion seconded by Councilor Hawkins . J. R. Ramirez, 2401 McNiel, said that being minorities they want an equal chance as everybody else . Take it into consideration about this cab company. When we went through our procedures we had to go through the review committee then to the Council to get approved. Councilor Shine asked Staff to make a comment . City Manager stated that the comment was in the public hearing that staff feels that forty cabs are sufficient . Councilor Shine agreed that forty cabs would be sufficient . He has a concern that so few cabs have been permitted, maybe a time frame is in order before this is done . He would be in favor to table this for that time or for a new ordinance to come up. Councilor Martin stated that some additional information has come up on both parts and he has some questions on this . How soon do the other companies plan to bring their permitted vehicles up to par, and that is a time frame we should consider. I would like for the review committee to get together with the cab companies and bring back more concrete information. Moved by Councilor Martin to table . 89 Item 8h cont' d Motion died for lack of a second. Councilor Johnston commented that either we increase the number of cabs by five or we take permits from some one else . I do not think we are in a position to do that without additional information. Forty seems to be a good number, but there are cab companies which have not filled their authorized number. We need to get more input as to when they are going to fill those slots . Both have indicated they are going to fill all their spaces . There have been allegations of misconduct, bad business practices and violation of ordinances . He asked that City Manager direct Staff to look into these allegations and clear the air or take some action. City Manager agreed and said we will look at that . There have been comments as to why there appears to be different treatment . He stated that Staff does not go out and try to seek a favor, it may appear that way, but Mr. Wade has stated why he operates a little different . We will look into the fifteen yellow passenger van. I think what Council needs to have is a statement from both companies and a time table when and if they are going to get back to full strength. Staff-wise we will review if there is a difference in the regulations under which they are operating. We will get that information back to you by the next meeting. Councilor Johnston asked Staff to check on handicap license plates and to whom they can be issued. Councilor Hawkins asked that Chief Harrelson check to see if Presidential Limousine has a legal authorization of the handicap license plates, and if not he would like for it to be brought back to Council . He agreed with the procedure of the older cab companies to wait until the end of the year to re-stock. I agree that forty cabs are enough. He complimented Mr. Wade for the changes he has brought to the appearance of the cabs in Wichita Falls . He suggested that a maximum of 120 days from now be allowed for the two cab companies to be ready to answer why their permits are not in use or be ready to turn their permits over to the City to be re-issued. Moved by Councilor Shine to table this for two months . Councilor Thompson commended Mr. Wade for doing a wonderful job of improving the image of Wichita Falls . We may have made a mistake when we changed the vehicle age requirement, perhaps we should have given them a deadline or cutoff date . At some point we need to come to a conclusion as to whether they are going to use those permits or not and if not to allow Mr. Wade to have them. Forty cabs are enough in Wichita Falls . Mayor introduced a motion that we table this until next meeting at which time Staff will present a report from the review committee on statements from the two cab companies which have excess permits as to when they will bring those in. At that time Council needs to make a decision. Motion made by Councilor Shine was seconded by Councilor Martin. Councilor Daniel commented that the original motion would increase the number of cabs from forty to forty-five, and no one has stated that there is a need for forty-five . We should defeat this motion and come back and address the overall situation as to how those permits should be allocated. Mayor called for a vote on Councilor Shine' s motion to table this for two months, and motion failed by the following vote . Ayes : Councilors Shine and Martin Nays : Mayor Lam, Councilors Johnston, Thompson, Daniel, and Hawkins 90 Item 8h cont' d Mayor called for a vote on the motion of the original proposed ordinance . Motion failed by the following vote . Ayes : None Nays : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Mayor Lam directed Staff to review the permit situation regarding cabs which have existing cabs and whether they will attempt to bring in permits in a timely manner or whether they will be turned in. Councilor Daniel asked if the philosophy behind the City regulating the number of permits is to maintain a certain level of service . City Manager replied that it was to maintain a certain level of service and to provide the amount of business to the providing companies to keep them in business . The concern has always been expressed that if there are too many permits the business is spread too thin. Councilor Daniel commented that they are regulated and at the same time we help to protect them. It behooves the cab companies to utilize their permits . Mr. Alfred S . Tucker brought up the issue of special vehicles again. Ordinance No. 23-95 authorizing those vehicles was read to clarify that issue . Item 8a ORDINANCE NO. 1-96 AN ORDINANCE APPROPRIATING FUNDS RECEIVED FROM THE TEXAS DEPARTMENT OF TRANSPORTATION TO FUND THE RIVERWALK BRIDGE AS AUTHORIZED UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 (ISTEA) AS AN ENHANCEMENT PROJECT FOR THE MULTIPURPOSE EVENT CENTER; 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. 1-96 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 8b ORDINANCE NO. 2-96 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF THE ALLEY IN BLOCK 16, HILLCREST ADDITION; AUTHORIZING THE CONVEYANCE OF THE PROPERTY TO THE FEE OWNER; 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. 2-96 be passed. 91 Item 8b cont' d 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 8c ORDINANCE NO. 3-96 AN ORDINANCE APPROPRIATING FUNDS RECEIVED FROM THE FEDERAL GOVERNMENT FOR PLANNING ACTIVITIES FUNDED UNDER THE SECTION 9 TRANSIT GRANT; 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. 3-96 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 8d ram= ORDINANCE NO. 4-96 ORDINANCE APPROPRIATING FUNDS RECEIVED FROM THE STATE FOR PLANNING ACTIVITIES FUNDED UNDER THE SECTION 9 TRANSIT GRANT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 4-96 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 8e ORDINANCE NO. 5-96 ORDINANCE WAIVING SECTION 4200 (I) , CITY OF WICHITA FALLS ZONING ORDINANCE (ORD. NO. 38-85) GOVERNING THE PLACEMENT OF CARPORTS IN THE FRONT YARD, FOR A CARPORT AT 4905 KITTY, LOT 11, BLOCK 3 , SECTION 2 , LAKEVIEW MANOR, WICHITA FALLS, TEXAS, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No . 5-96 be passed. Motion seconded by Councilor Martin. 92 Item 8e cont' d Councilor Hawkins informed that Planning and Zoning did not pass this because they did not have the authority to approve it, and they could only vote no. He felt if Planning and Zoning had the authority they would have approved it . Mr. Seese stated that part of the process is if there is all weather access through the rear of the property Planning & Zoning basically says no. Planning and Zoning found that it was reasonably possible so they did not grant the conditional use permit . The only option is a waiver from City Council . He also informed that there was no opposition from the neighbors . Motion carried by the following vote . Ayes : Councilors Johnston, Shine, Thompson, Martin, and Hawkins . Nays : Mayor Lam and Councilor Daniel Item 8f ORDINANCE NO. 6-96 ORDINANCE WAIVING SECTION 4200 (I) , CITY OF WICHITA FALLS ZONING ORDINANCE (ORD. NO. 38-85) GOVERNING THE PLACEMENT OF CARPORTS IN THE FRONT YARD, FOR A CARPORT AT 3113 SHERWOOD LANE, LOT 8, BLOCK 40A SHEPPARD ESTATES, WICHITA FALLS, TEXAS, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 6-96 be passed. Motion seconded by Councilor Shine . Mr. Seese informed that there was no opposition from the neighbors . Motion carried by the following vote . Ayes : Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays : Mayor Lam and Councilor Daniel Item 8g ORDINANCE NO. 7-96 AN ORDINANCE REZONING 2200 AND 2202 FILLMORE, LOTS 1 & 2 , BLOCK 2A, HIGHLAND ADDITION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY-2 TO MULTIFAMILY RESIDENTIAL CONDITIONED (CASE R 95-19) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 7-96 be passed. Motion seconded by Councilor Thompson. Charles Barr, 2100 Indian Heights, informed that this had come before the Council six months ago and was defeated because of a lack of a quorum. When Planning & Zoning sent out notices, he contacted about 25-28 land owners and those that he was able to contact, there was only one lady who was opposed to the 93 Item 8g cont' d proposed quadraplex. This would be something that would revitalize this area. Doris Sullivan, 1702 Pearl, has rental property on Kemp and she is opposed to this . She stated that there are more than one or two opposed to this . They want to keep conditions bearable for their renters, and allowing this would have them to contend with property on the front and on the rear. Mr. Dave Clark clarified that Mrs . Sullivan' s property on Kemp Street is within the 200 ft . notification area and her property backs up to the alley which would be potentially affected by this . Also, because of the nature of opposition a three quarter vote majority is required to pass this ordinance, which is six members of the Council . Councilor Hawkins informed that it was passed by Planning and Zoning. Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9a RESOLUTION NO. 4-96 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A LETTER OF INTENT TO THE CORPS OF ENGINEERS, PLUM CREEK CONSTRUCTION PLANS Moved by Councilor Hawkins that Ordinance No. 4-96 be passed. Motion seconded by Councilor Thompson. Mr. George Bonnett informed that a letter had been received from Col . Stanford and it appears that they would bring a property cooperation agreement to us in the latter part of 1996 . We are looking at about a ten month slide from our previous schedule on this project . City Manager stated that we had notified them by letter six weeks ago that we would like to continue on the same construction schedule and this would be the best opportunity to do that . Mr. Bonnett informed that the City' s share of the project would be approximately $1, 000, 000 . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson Daniel, Martin, and Hawkins Nays : None ..nor City Council recessed at 10 : 10 a .m. and reconvened at 10 : 25 a.m. Item 9b Mayor Lam stated that Councilor Shine is abstaining from discussion, vote and his presence on this issue . He will join the Council after this issue is concluded. 94 Item 9b cont' d Councilor Daniel asked if Council could discuss whether or not he should. City Attorney informed that Councilor Shine discussed this with him and he has a financial interest in several contracts with the General Services Corporation which is managing the Wichita General Hospital . Because of the nature of his financial interest most likely he is by statute disqualified and he has filed an affidavit accordingly disclosing that financial interest in the contract . City Attorney advised him to abstain. A proposed resolution was presented authorizing the Mayor to execute a management contract and lease agreement with the Wichita County-City of Wichita Falls Hospital Board, the Wichita General Service Corporation, and Wichita County. Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Hawkins . Tom Elam, 1708 Hursh, member of the Wichita General Services Corporation Board of Directors, stated that the contract is a lease agreement which originated in 1985 . At that time the Wichita General Hospital was struggling and having difficulty funding projects which would keep them competitive with other medical providers in this area. The method by which Wichita General Hospital could operate and compete in the private industry sector resulted in the formation of a 501 (c) (3) not for profit corporation. The City/County Board entered into a management contract, a lease agreement, with the new organization, being the Wichita General Service Corporation. The Corporation has operated the hospital under that contract during the last ten years . The original contract had a five year term which was up in 1990 at which time it was renewed for another five years, which expired December 31, 1995 . During the last ten years there have been changes at the hospital and it has been very successful . Image, assets, cash reserves, and patient care have increased. Mr. Elam highlighted the major changes in the contract being considered by the Council as follows . Cash Security Interest - language was added so that cash security interest would include cash on hand, cash equivalence, and securities . Also, added language that the Service Corporation is accepting the assets of the City/County Board under this contract in a fiduciary capacity. Next item is Annual Budget - language was added that the Service Corporation would present to the City/County Board an annual budget in plenty of time for them to review that budget and to make revisions, additions, deletions . Also, the Service Corporation would invite members of the City/County Board to their meeting where the budget would be presented for action. The Service Corporation would still have final approval over the budget but City/County Board would still have input and an opportunity to recommend revisions . Next item is Investment Reserves - language was added that the Service Corporation would have an investment policy and would engage an investment advisor to consult and recommend and function as the investment arm of the corporation. In addition, monthly investment reports would be presented to the City/County Board. Next item is Provisions of Health Care - this includes capital expenditures, and the limit to purchase capital expenditures has been changed to $500, 000 and real estate has been taken out of that limitation. Any real estate investment would require City/County Board approval . Mr. Elam mentioned that there were changes made concerning the payment for indigent care which have been negotiated between the County and the Service Corporation. Next item is the Independent Audit - the City/County Board will be furnished the name of the independent auditor six months prior to the end of the fiscal year. Also, the City/County Board would make a determination whether that auditor is acceptable to them and if not both entities would be involved in a selection process 95 Item 9b cont' d for an auditor. In addition, the audit report would be presented to the City/County Board prior to or concurrently with the presentation to the Service Corporation Board. Next item is Annual Budget of the City/County Board, which is a new item which covers their expenses in the amount of $1, 000 . Next item is that there would be two members from the City/County Board that would sit on the Service Corporation Board as full voting members and the chair would continue to sit on the Service Corporation Board as ex-officio unless the chair would be one of those appointed by the City/County. Mayor interjected that when Mr. Elam was speaking of City/County making appointments, the reference is that for each entity the Council and the Commissioners designate those persons from the City/County Board. Mr. Elam commented that these contract provisions provide three important things . It provides protection for the hospital' s assets . All the assets under this management contract including cash, securities, reserves, equipment, buildings, partnership interest, etc . remain under the ownership of the City/County Board. The Service Corporation leases and manages it . If for some reason the Corporation would cease to exist everything would revert back to the City/County Board to operate the hospital . The Service Corporation would have nothing. In addition to that, the City/County Board has a security interest in all the cash, securities, land, supplies, everything which the Service Corporation uses to operate the Hospital . The Service Corporation uses those assets in a fiduciary capacity in support of the City/County Board and its responsibilities to the community and its responsibilities as established by the trust indenture for the bond indebtedness . Also, another item which protects the assets is the $500 , 000 spending limitation on capital improvements . All land purchases require City/County Board approval, and investments are controlled by an investment policy and managed by an advisement advisor under contract . Our financial is audited annually by an independent auditor. Those are the items which protect the assets of this community and of the City/County Board. We think this new agreement gives the City/County Board more control and guarantees more communication and participation in the operation of the hospital . Also, the success of the past years will continue if this contract is renewed. No tax dollars have gone to the Wichita Service Corporation during this last ten year period, except what the County is mandated to pay for indigent health care . Revenues over expenses are retained by the hospital for hospital needs . The projects you have seen have been financed by the operation of this hospital over the past ten years . All the changes and improvements have been made by the operating cash flow. Operation over the last ten years has been significantly different . The City/County Board voted to approve this contract by a majority vote and the Commissioners voted unanimously to approve this contract . Dr. Susan Strate, 2627 San Simeon, President of the Wichita County Medical Society, gave her perspective on the operation of the hospital by the Service Corporation as a physician in this community, as a an attendee of the Board meetings, as a citizen, and taxpayer. In attending the Board meetings, I saw them as very diligent, hard working, knowledgeable about health care and concerned with operating the hospital in the best interests of the patients and the citizens of this community. They have dealt with very complicated health care issues . They acted in the best interest of the community and the patients and how it would affect the physicians and everyone in the City and County. They are very active and met frequently, worked hard and were very conscientious . They dealt very carefully with expenditures and with investments relating to the hospital . I have seen the progress of the Service Corporation Board since 1985 . I think 96 Item 9b cont' d that it is said that the operation of the hospital has been very progressive and competitive during those ten years . Medical equipment is sophisticated and the Board has been responsible to be able to obtain that type of equipment . The scope of service has expanded, and morale of the employes has improved. Patient care has improved in this community. From a physician' s perspective, there is respect for abilities and workings of the Board. Attendance to the Board meetings has helped to understand the problems and operations of the hospital . The board has been very open to concerns of quality patient health care and they have involved physicians in educational seminars and invited us to some of the board meetings to the deliberations there . The Board has been willing to listen to everyone and then make decisions which they think are more appropriate . Lastly, a perspective on how the operation of the hospital relates to the changes in the current health care environment . The Service Corporation has taken steps to set a foundation for the new environment of physician hospital integration, which requires a lot of flexibility, management, budgeting, and energy to meet the changes in health care environment . The current arrangement has been positive and has strengthened the partnership between the City/County Board and the Service Corporation Board. Steve Cookingham, 1573 Mesquite, Chair of the City/County Hospital Board, stated that he has watched first hand and concurs with what has been said this morning in how the hospital is run. The City/County Board believes that this is an acceptable contract . Control and communications have been strengthened. This has made a good situation, and we, the City/County Board, do not want to run the Hospital ourselves on a day to day or month to month basis . We feel that the people who are managing the Hospital are doing a good job and it is our request that we continue that arrangement by approving this contract . We are very much concerned about the future of health care and the role our Hospital plays in that . We feel that the Corporation is well equipped and well educated about where we need to go, and we feel confident that they can do a good job getting us into the future . Frank Yeager, 2111 Avondale, member of the City/County Board, spoke against the approval of the management contract and lease agreement . He said that he was not criticizing the Hospital, but some items in the agreement which the Council should look at very seriously. He informed that he and Mr. Bud Francis voted against the contract . Due to surgery Mr. Francis could not be here . Mr. Yeager stated that he had heard some statements, one of which was that he and Mr. Francis were making a power play. He noted that both of their terms expire February 15, 1996 and Council can replace them. Another statement was the use of excess Hospital funds, which should be restricted to Hospital use to prevent their allocation to any other project . This provision should also be included in the proposed contract, but is not . Mr. Yeager commented that Wichita General Hospital is a big business, and he provided the following information. He informed that total revenues are $110, 000, 000; net profit is $5, 431, 000, cash and near cash is $24, 800, 000; net worth is $65, 555, 000; and an outstanding bond indebtedness of $16, 957 . 000 . These assets are under the sole control of a self-perpetuating board, the Wichita General Services Corporation. Under the proposed contract these assets remain under their complete control . However, the responsibility of the remaining $17, 000, 000 bond indebtedness remains with the City and the County. Also, the proposed contract places no restrictions on associations or combinations which may include significant long term financial commitments . I believe final approval of the budget and management of the access funds belongs with the City/County Board. This Board was established by State statute and represents ownership of these assets . Decisions about the financial future of this Hospital need to be made in full view of the City and the County and not behind closed doors . The County approved this contract by a 5-0 vote, but let' s look at some of 97 Item 9b cont' d the details behind this vote . Mr. Yeager gave information on the reimbursement to mandated providers by the County in relation to the gross revenue tax levy (GRTL) , which was a signing bonus for the County. Also, in the contract discussions Mr. Elam stated that there would be no cost to the County for County prisoners under mandated providers . Mr. Yeager stated that their main concern centered on budget approval, restrictions on the use of access funds by all parties, and placing the control of access funds under a publicly appointed board. This Hospital and all its assets belong to the public . This is a five year contract and if it is approved it cannot be changed later unless both parties agree . We are talking about $65, 000, 000 in net assets which belong to the residents of Wichita Falls and Wichita County and we are talking about a $17, 000 , 000 bond indebtedness . He urged the Council to vote no on this contract . Mr. Elam, referred to the issue of the Hospital taking care of County prisoners and stated that that agreement was not something new. Also, in regards to indigent health care, they entered into some difficult negotiations with the County, and the Hospital has a public responsibility of providing indigent health care . No patient, not one is turned away. Mr. Elam explained how the indigent health care provision evolved. He added that they did not put in an intentional signing bonus in this contract . This is far from a signing bonus, this is a negotiated agreement and there have been concessions on both parts . Councilor Martin said that it would be good if the City/ County Board gave the Council a quarterly review report . He asked if the Corporation carried physical insurance on all the properties and Mr. Elam replied that they did and the City and County are named as additional insured. They also carry business interruption insurance . Councilor Martin agreed with Mr. Cookingham on holding the reserves strictly for the benefit of the Hospital . Councilor Thompson stated that the contract has some new wwo information and some of it is cumbersome and should probably be gone over again and tightened up somewhat . One of his concerns is with the special provisions on deficits . It deals with systems in case something happens and we run into a deficit . He asked for a definition of systems and wanted to know what the Wichita General Foundation' s relation was to the Service Corporation. Jeff Hausler, 4701 Willowbend, President Wichita General Hospital, replied that systems is a generic term which defines multiple entities which come together in a sense to provide health care . He gave a brief history of the Wichita General Hospital Foundation. It serves as a separate arm' s length not for profit entity to support the activities of Wichita General Hospital by providing management of donated funds to the Hospital . Funds are used for the Hospital' s capital improvements, and members are self perpetuating. Councilor Thompson asked what the projected payment was for the $17, 000 , 000 bond indebtedness . Mr. Hausler replied that the bonds will mature over a staggered term of about ten to twelve years and can not be recalled until 1997, but they can be paid °tee, off in advance . Mayor asked if there had been any consideration to attempt to pay after 1997 . Mr. Hausler responded that there had been some discussion, however, there is no specific plan that he is aware of . True reserves are about $20 , 000 , 000 which represents about four months operation of a hospital our size . Councilor Hawkins commented that he was glad that there would be City appointed members on the Service Corporation. He asked if they had looked into refinancing. Mr. Hausler replied that the bonds were refinanced in 1987, and the rate obtained at 98 Item 9b cont' d that time was such a good one that he does not think they would gain anything by refinancing. Councilor Johnston was uncomfortable with the contract because of lack of background and lack of time to study it . He mentioned that he had not seen any minutes from the City/County Board and he would like more time to review the contract . Moved by Councilor Johnston to table action on this item until next Council meeting. Motion seconded by Councilor Hawkins . Councilor Daniel commented that there are three issues the Council is facing. Those are that we want to tell the citizens that we are providing a guarantee against the indebtedness; control over capital reserve funds to make sure that they benefit the Hospital for the community; and control over the budget . I feel these issues were adequately dealt with in the contract . I do not see how they can operate within this contract and cause problems to the City. For instance, there is a cap on capital expenditures and there are two members on the Board appointed by the City and the County. Councilor Thompson said that in order for all questions to be answered that the City Manager and the City Attorney meet with the Service Corporation attorney and get all the necessary information and provide it to the Council by the next meeting. Councilor Daniel requested that Councilor Johnston amend his motion to include a Council worksession on this issue . Councilor Johnston amended his motion to include a Council worksession. He asked what the impact of a delay on the contract would be . Mr. Elam replied that they would continue to operate as they are until they hear from the City/County Board, but he does not know what legal steps need to be taken. Councilor Hawkins suggested that in the future this matter be brought to the Council a minimum of sixty days prior to ending of the lease . Council' s concern was the affect of tabling this since the contract expired December 31, 1995 . City Attorney informed that non-approval of the contract is that by statute, unless all parties approve the contract which is a lease, there is no lease . He suggested that if Council tables this, after that action is taken that a motion be made and an order authorizing the Mayor to sign an addendum to Section VII of the existing contract to agree to the City' s consent to the contract for a period of two weeks . That would be an addendum which would make it alive for a two week period at which time Council could revisit this issue again. General Services Corporation Board and Mr. Yeager expressed their agreement . Motion to table for a two week period and provide a Council worksession, with directive to the City Attorney to prepare an addendum to Section VII of the existing contract for the Mayor to sign wherein the City consents to the existing contract for a two week period, carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Thompson, Daniel, Martin, and Hawkins Nays : None Abstain: Councilor Shine (He was absent from the Council Chambers) City Attorney brought up the issue of a minority position on what needs to be included additionally in this contract, and inquired if there was any direction to himself, the City Manager 99 Item 9b cont' d and the Mayor to continue in the negotiations process to make the minority position more comfortable . Mayor replied that this was at a point where this needs to be studied and a decision needs to be made by this body. Item 9c RESOLUTION NO. 5-96 RESOLUTION ESTABLISHING A CITIZENS ADVISORY COMMITTEE ON THE CITY' S INFRASTRUCTURE AND DEVELOPMENT NEEDS AND FUNDING ALTERNATIVES Moved by Councilor Thompson that Resolution No . 5-96 be passed. Motion seconded by Councilor Johnston. City Manager informed that this was a committee which was discussed at the last meeting and Council needs to designate the number of members . Council will need to review applications to make those appointments . Councilor Shine returned to the Council Chambers . Councilor Daniel suggested that the committee be made up of 21 members with three appointees from each of the five districts, from the Mayor and from the Councilor at Large . Mayor informed that applications can be brought to the City, to their Councilor or to the Mayor. He stated that this committee would look at the City' s infrastructure and what needs to be done with it, regarding replacing, improving, and funding of these items . The Committee will make recommendations to the Council as to what to look at and suggestions on funding. City Manager ' clarified that this expanded to commercial development needs . Motion which included the number of members as 21 carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson Daniel, Martin, and Hawkins Nays : None Item l0a RESOLUTION NO. 6-96 RESOLUTION AWARDING BIDS FOR THE DEMOLITION, CLEARING AND DISPOSAL OF DEBRIS AT THIRTEEN (13) VARIOUS LOCATIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 6-96 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 100 Item lla RESOLUTION NO. 8-96 RESOLUTION AUTHORIZING CHANGE ORDER #2 TO CONTRACT WITH INMAN CONSTRUCTION FOR THE NATURE WORKS SHELTER PROJECT Moved by Councilor Martin that Resolution No. 8-96 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 12a William C. Young, 1018 Widows Lane, referred to negotiating the Hospital contract and stated that the Council is the people' s tool and trusted that they remember that it belongs to the people . He asked about the status of the enforcement of handicap parking. Mayor informed that Council has a report from Chief Harrelson and they are in the midst of reviewing it . Giola Kluver said we should be very careful what we do in the future and we should strive to make this City what it can be because it is on the grow. She warned about conflicts of interest . Dan Shiery, 1201 Shoreline, Lakeside City, asked for a status report on the lake level . Mr. Bonnett informed that the current lake level is 975 . 0 . He mentioned a resolution that was passed in October 1977 which stated that the City after completion of the Lake Wichita/Holliday Creek Project would use its best ability to maintain the water level at 976 . 0 feet . As a result of that resolution Lakeside City issued a letter of concurrence . The spillway is currently at 976 and the old spillway was at 981 . The lake level has varied in the past ten years between 973 . 5 (1985) to 982 . 9 (1987) . One of the problems is a large drainage area and a fairly small lake . It takes about . 15 inches of runoff from the drainage area to raise the level of the lake one foot . When we get in dry climatic conditions there is a problem in terms of the lake level . In an attempt to use its best efforts Council authorized the construction of the Lake Diversion channel, which amounted to tapping the Water District No. 2 Irrigation Canal so that when they have water available for irrigation you can move about thirteen million gallons of water a day to Lake Wichita from the irrigation canal . The down side is that the irrigation canal is taken down for maintenance between November to March or April . Water District No. 2 had previously decided to put water in the canal to provide water to the farmers, so water was available to us . We started flowing from a secondary canal on December 26, at about eight million gallons a day. In terms of the Lake Diversion Canal, we had a problem on the down stream side next to Holliday Creek of the water getting out of the channel and creating a boggy area for a neighboring rancher. He asked that we hold off until it could be corrected. We started flowing that channel again on Friday and are flowing two channels at less than thirteen million gallons per day. The Water District No. 2 has advised that we will have water until the middle of January and we will flow those canals until that time . These canals will allow us to gain one quarter of an inch per day. The variable we have to work with is that all the cracks, fishers . and any other openings have to be filled. We will have more data in about a week. Mayor asked if they had researched the possibility of influencing their decision to keep that open at all times . Mr. 101 Item 12a cont' d Bonnett said that this has been discussed but their problem is that they do have to shut down to clean the canal, it is a question of siltation. I think they are willing to work with us, but their problem to a degree is financial . They do have a legitimate need to shut down and clean the canal . Mr. Shiery said this was a good first step to resolve some of the problems at Lake Wichita . However, he has heard comments that maintenance would only take six weeks to accomplish, and he thinks this needs to be looked into. He hoped that the Council can recognize the need and importance of maintaining this lake at that level . Mayor asked Mr. Shiery if the Council ran into some , financial problems would that community take the position to share in solving these? Mr. Shiery responded that from his experience they are very willing and hopeful that something can be done there and would consider participating to whatever degree possible . He added that there are many areas of participation. City Manager said Staff will contact Jimmy Banks of the Water Improvement District to check schedules and discuss other possibilities . Item 12b Councilor Shine wished everyone a good new year and looks forward to a good year, hopefully with a lot of cooperation and communication. Councilor Martin also expressed good wishes for the new year. He hoped for a year where the City as a whole would come together and work together. He asked if some criticism comes before the Council that it comes with some possible solutions . Councilor Daniel commented that it was frustrating to serve on a board and be asked to make decisions for which we have limited time to look at the amount of information, and that does not reflect on the Staff . We have to make decisions when we really don' t have enough information. What I am seeing is a growing opportunity for individual citizens to serve in a capacity that will help us do our job better whether it be the citizens advisory committee or the lake committee or any other committee . He challenged citizens in all districts to identify areas in city government which interest them and to take part . Councilor Johnston said he had received positive comments on the way the Fire and Police Department conducted themselves during the holidays and he thanked them for their attitudes . He wished everyone a happy new year. Councilor Hawkins asked citizens in his district who are interested in serving on the citizens advisory committee to contact him. He also mentioned that Bill Parker, City Engineer, is having surgery and asked that everyone keep him in their prayers . Councilor Hawkins thanked everyone for their support in 1995 and asked for continued support in 1996 . He wished everyone a happy new year. « Councilor Thompson echoed that we have an opportunity in 1996 to do great things if all different sectors come together. It is a tremendous strain for a Councilor to make decisions without input from citizens and not knowing how they feel . One opportunity is to serve on the citizens advisory committee . He asked for citizen input on the contract with Wichita Services Corporation. We need more input and more support and less criticism on the decisions we make . He asked Chief Harrelson about the reduction in serious crimes in Wichita Falls . Chief Harrelson informed that last month there was a 25% decrease in violent crimes, and we will have an overall decrease in the crime rate at about 17% . I think it is a trend across the country and 102 Item 12b cont' d most of our violent crimes here came from gang situations . We continue to gather data on these people and work hard to do our job. Also, a big amount of the success can be attributed to neighborhood watches . Councilor Thompson commended Chief Harrelson and members of the Police Department and encouraged them to continue in their efforts and to be more aggressive in the neighborhoods . Mayor wished the best to the citizens of Wichita Falls for the new year. Item 12c City Manager passed out financial statements to the Council . City Manager referred to the handicap parking and asked Council to look at that and let him know of any suggestions, additions or deletions . Mr. Larry Jarrett will hold the Weed & Seed Program January 4 , 1996 at the Martin Luther King Center at 6 : 00 p.m. The golf contract will expire in March and they have expressed an interest in renewing. He invited Council members who were interested in participating in the discussion team to inform him. Regarding property acquisition, there was a piece of property which was essentially donated on the east side of Kiwanis Park, and we have provided an off Southwest Parkway entrance to the Park. The Council retreat information, according to the Mayor, will be ready by next Council meeting. A worksession on the Hospital contract will be held in groups of three Council members with the City Manager. Item 12d The City Council went into executive session at 12 : 32 p.m. as authorized by Section 551 . 071 of the Texas Local Government Code and Section 551 . 074 of the Government Code . The City Council reconvened at 2 : 15 p.m. Item 12e No appointments were made to the Committee on Infrastructure and Development Needs and Funding Alternatives . Item 12f Moved by Councilor Thompson to appoint to the Commission on Human Needs, Mr. Don J. Carter and Mr. Claude A. Foster with terms to expire December 31, 1997, and to reappoint Dr. Eugenia Tickle, Ms . Sylvia Arnett and Mr. Jerry Hampton with terms to expire December 31, 1997 . Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 103 Item 12f cont' d Nays : None Councilor Thompson informed the public that there were three positions open on this commission and he encouraged interested citizens to apply at the City Manager' s office . Item 12g Moved by Councilor Thompson to appoint to the Clean Community Commission Mrs . Sue Ann O' Shea and Mrs . Pat F. Nelson with terms to expire December 31, 1997, and to reappoint Mr. " Arnold Oliver, Ms . Sunny Davidson, and Mr. Jerry Vandiver with terms to expire December 31, 1997 . 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 12h Moved by Councilor Thompson to reappoint to the Landmark Commission Ms . Dorothy Rhone, Ms . Lin Purtle, and Ms . Susan Ellis with terms to expire 12/31/98 . 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 12i Moved by Councilor Thompson to appoint to the Wichita Falls Park Board Mr. Lloyd Taylor III, Ms . Kitty D. Wilson, and Mr. Bruce Harris with terms to expire December 31, 1998, and to reappoint Ms . Linda Ammons, and Mr. Richard Boyd with terms to expire December 31, 1998 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 121 Moved by Councilor Thompson to appoint to the Wichita Falls/Wichita County Public Health Board Mr. Larry D. Gunnell, O.D. with term to expire December 31, 1996 and to reappoint Mr. Dewey Nicholson, Mr. Michael Brooking, and Ms . Peggy Jo Scott with terms to expire December 31, 1997 . Motion seconded by Councilor Hawkins and carried by the following vote . 104 Item 12j cont' d Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 12k Moved by Councilor Thompson to appoint to the Board of Adjustments Mr. David Seaton with term to expire December 31, 1997, and appoint Mr. Donald McKinney as Alternate No. 1, and Mr. Rainer Hanold as Alternate No. 2 , with terms to expire December 31, 1996, and to reappoint Mr. Charles Peters, Mr. Roger Murphy and Dr. Edwin Bebb with terms to expire December 31, 1997 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None The City Council adjourned at 2 : 17 p.m. PASSED AND APPROVED this day _.,I996 Michael Lam, ayor ATTEST: Lyd Torres Cit `clerk �k,,