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Min 09/17/1996 324 Wichita Falls, Texas Memorial Auditorium Building September 17, 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 : Kay Yeager - 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 Yeager called the meeting to order. The invocation was given by Rev. Scott Wallace, Highland Heights Christian Church. Item 3 John Stevens, 1012 23rd Street said that his neighbor, Mr. Netherly, had set up poles in the alley. This has blocked the alley and prevents access by fire or utility vehicles . He asked that his neighbor respect their old border lines as they were and remove his poles . He wants continued access to their twelve foot alley. Dorothy Sosebee, 1013 Terrell, had the same concern as Mr. Stevens . She said that Mr. Netherly is putting up a fence across the front of the house next to hers and they, her neighbors with a three month old baby, cannot open the door to their house once the fence goes up. Although Mrs . Soesbee' s driveway is on his property, it is their only access and it is blocked. Fire trucks would not be able to get to either houses, hers or her neighbors . Mayor stated that Staff will look into this and check into the legality. Rosemary Munch said the person at 1013 Terrell was a friend of hers and he had given her a letter to give to the Council . She presented some letters to the City Manager and asked that something be done to provide these people with access to their homes, which Mr. Netherly has landlocked. 325 Item 3 cont' d. Mayor said that the Staff would look into this situation. Item 4 Minutes of the September 3 , 1996 City Council meeting were approved as read. Items 5a-8b Moved by Councilor Hawkins that the Consent Agenda be approved. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item 5a RESOLUTION N0, 139-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE TRANSFER OF THE LEASE AGREEMENT FOR FUNLAND AMUSEMENT PARK TO AMERICAN MUSIC AND VENDING, INC. ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5b RESOLUTION NO 140-96 RESOLUTION APPROVING AN INTERLOCAL EQUIPMENT USE AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND NORTEX REGIONAL PLANNING COMMISSION FOR A PORTABLE WOOD CHIPPER Item 6a Bid for the City' s Insurance Program was awarded to Williams-Dwyer as follows : Building & Contents $30 , 018 ,mn Extra Expense, City Hall Excess Workers' Compensation $44 , 562 Boiler & Machinery $ 4 , 322 Electronic Equipment S 2 , 267 Total Premium Costs $81, 169 326 Item 6b Bid for front loading sanitation containers was awarded to Fuqua Enterprises, Inc . in the amount of $17, 490 . Item 6c RESOLUTION NO 141-96 RESOLUTION TO AWARD BID AND CONTRACT TO JALYN CONSTRUCTION COMPANY FOR THE SOUTHWEST LIFT STATION AND FORCE MAIN PROJECT Item 6d RESOLUTION NO 142- 6 RESOLUTION AWARDING BID FOR THE DEMOLITION, CLEARING AND DISPOSAL OF DEBRIS ON VARIOUS STRUCTURES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a RESOLUTION NO 14 -96 RESOLUTION TO ACCEPT SOLIDS DEWATERING AND STAGING FACILITY PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Item 8a-8b Received minutes of the following commissions : a. Wichita Falls Traffic Safety Commission, August 7, 1996 b. Wichita Falls Arts Commission, September 5, 1996 Item 9a A public hearing was held on the 1996-97 Budget . Mayor declared the public hearing open. Mayor stated that Council had discussed the budget in worksessions and had held a public hearing in August, and at the last Council meeting set our intent of the tax rate for the ensuing year. Mayor allowed for public comment . There being no one who wished to be heard, Mayor declared the public hearing closed. Item 9b Moved by Councilor Thompson that funding for the Community Action Corporation for Neighborhood Action Groups in the amount of $10, 090 be approved. 327 Item 9b cont' d. Motion seconded by Councilor Johnston. It was noted that it would be a conflict of interest for Councilor Thompson to make this motion. Councilor Johnston withdrew his second and Councilor Thompson withdrew his motion. Moved by Councilor Martin that funding for the Community Action Corporation for Neighborhood Action Groups in the amount of $10, 090 be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin and Hawkins Nays : None Abstentions : Councilor Thompson Item 9c ORDINANCE NO 132-96 ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1996 , AND ENDING SEPTEMBER 30, 1997, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY Moved by Councilor Martin that Ordinance No. 132-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9d ORDINANCE NO, 133-96 ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1996-97 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY 328 Item 9d con 'd. Moved by Councilor Martin that Ordinance No 133-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9e ORDINANCE NO 1 4- 6 ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE . Moved by Councilor Johnston that Ordinance No. 134-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 9f ORDINANCE NO 13 -96 ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE Moved by Councilor Thompson that Ordinance No. 135-96 be passed. Motion seconded by Councilor Johnston. Councilor Hawkins requested that a workshop be scheduled to discuss the 20 year retirement and the military credits . Motion carried by the following vote . 329 Item 9f cont' d Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10a ORDINANCE NO, 136-96 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DESIGNATING A CERTAIN AREA AS AN INDUSTRIAL REINVESTMENT ZONE, CITY OF WICHITA FALLS, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF AGREEMENTS WITHIN THE ZONE, AND OTHER MATTERS RELATING THERETO; PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE FOR THE COMMENCEMENT OF THE REINVESTMENT ZONE AND THIS ORDINANCE; AND PROVIDING AN OPEN MEETINGS CLAUSE Moved by Councilor Martin that Ordinance No. 136-96 be passed. Motion seconded by Councilor Johnston. City Attorney stated that this Ordinance needs to be amended to reflect the effective date as September 17, 1996 in place of January 1, 1997 . Moved by Councilor Hawkins to amend this Ordinance by changing the effective date from January 1, 1997 to September 17, 1996 . Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Vote on the original motion carried as follows . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10b ORDINANCE N0, 137-96 ORDINANCE APPROPRIATING MONEYS, FROM PRIOR YEAR RESERVES OF STATE AND FEDERAL ALLOCATIONS, TO COMPLETE FUNDING OF THE TRANSIT STUDY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 330 Item 10b on 'd. Moved by Councilor Thompson that Ordinance No. 137-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None . Item 10c ORDINANCE NO 1 8-96 ORDINANCE REZONING LOT 7-A, BLOCK 107A, HIGHLAND ADDITION (2208 AVENUE 0) , WICHITA FALLS, TEXAS FROM LIMITED COMMERCIAL TO GENERAL COMMERCIAL CONDITIONED ZONING (CASE R 96-11) ; 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. 138-96 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item 10d ORDINANCE NO 1 - 6 ORDINANCE WAIVING SECTION 27-39 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE NORTH SIDE OF U.S. EXPRESSWAY 287 ADJACENT TO THE SOUTH LINE OF LOT 4-A, BLOCK 8, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Martin that Ordinance No. 139-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Thompson, Martin, and Hawkins Nays : None 331 Item 10e ORDINANCE NO, 140-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF U. S . EXPRESSWAY 287 ADJACENT TO THE SOUTH LINE OF LOT 4-A, BLOCK 8 , CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Martin that Ordinance No. 140-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10f ORDINANCE NO 141-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE NORTH SIDE OF HICKORY LANE ADJACENT TO THE SOUTH LINE OF LOTS 2 AND 3 , BLOCK 8-A, KEMP AND HARRELL SUBDIVISION Moved by Councilor Thompson that Ordinance No. 141-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item l0a ORDINANCE NO, 142-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF HICKORY LANE ADJACENT TO THE SOUTH LINE OF LOTS 2 AND 3 , BLOCK 8-A KEMP AND HARRELL SUBDIVISION Moved by Councilor Thompson that Ordinance No 142-96 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 332 Item 10g cont' d. Nays : None Item 10h ORDINANCE NO 14 - 6 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. 143-96 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item l0i ORDINANCE NO 144- 6 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO SKATEBOARD, ROLLER BLADE, ROLLER SKATE, BICYCLE OR OPERATE A GO-CART ON MPEC GROUNDS; SAVE AND EXCEPT ON THE PARKING LOTS OF THE MPEC; PROVIDING FOR A SEVERABILITY CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 144-96 be passed. Motion seconded by Councilor Shine . Three options were discussed. The first option would prohibit a person from skateboarding, roller blading and roller skating on MPEC grounds . The second option would prohibit any person from skateboarding, roller blading, roller skating, bicycling and operating a go-cart on MPEC grounds . The third option would prohibit skateboarding, roller blading, roller- skating, bicycling or operating a go-cart on MPEC grounds, except on the parking lots of MPEC. Mayor commented that the MPEC Board had discussed this issue at length and it was the unanimous consensus of the Board that the second option would still be in the best interest of public safety. 333 Item 10i cont' d. Concern was expressed that if the third option was allowed it would cause a hazard and there would be problems when events were being held at MPEC. Most Council members believed that the third option would be the best because it would allow these persons to have a place to go when there were no events at MPEC. It was suggested that this ordinance be adopted today and amended later when Staff could prepare language which would allow the use of the parking areas by skaters and cyclists when there were no events at MPEC. The enforcement of this ordinance could also be addressed. Councilor Johnston said that the intent was to keep them out of areas where there is a hazard. They should not be on the sidewalks, in the plaza area or inside MPEC. However, when there are no activities at MPEC, they should be allowed on the parking lots only. It was stated that the MPEC Director should have the authority to prohibit the use of the parking lots for those activities during an event . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10j ORDINANCE NO, 145-96 ORDINANCE WAIVING SECTION 22-1 (a) (2) , SECTION 22-3 AND SECTION 22-4 OF THE CODE OF ORDINANCE TO PERMIT HORSES, ATTENDANCE DURING CURFEW HOURS, AND SALE OF BEER AND WINE DURING FALLSFEST IN LUCY PARK SEPTEMBER 27 AND 28 , 1996 Moved by Councilor Thompson that Ordinance No. 145-96 be passed. Motion seconded by Councilor Hawkins . Councilor Shine said that he was not against this event, but suggested that in the future they consider utilizing the MPEC in order to save the tear on our Park which will show up after a period of time . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 334 Item 10k ORDINANCE NO 146- 6 ORDINANCE WAIVING SECTION 5-59 OF THE CODE OF ORDINANCES WHICH PROHIBITS GIVING ANIMALS AS PRIZES OR INDUCEMENTS Moved by Councilor Hawkins that Ordinance No. 146-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lla RESOLUTION--NO. 144- 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND PRESTON PRODUCTS, 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 Hawkins that Resolution No. 144-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item llb RESOLUTION NO 145-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 145-96 be passed. Motion seconded by Councilor Shine and carried by the following vote. 335 Item llb cont' d. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 12a RESOLUTION NO, 146-96 RESOLUTION TO AWARD BID AND CONTRACT TO ATKINS BROTHERS EQUIPMENT COMPANY, INC. FOR THE ARIZONA INTERCEPTOR MAIN PROJECT Moved by Councilor Hawkins that Resolution No. 146-96 be passed. Motion seconded by Councilor Shine . Councilor Martin suggested that this be tabled to give this more study. He wanted to know why there was such a big discrepancy in the bids . He did not want us to jump into something and find out that we have a bond company that is going to have to complete the job for us, and that is not a reflection on the bidder. He commented that that has happened before . Mr. Bonnett stated that they looked at the three low bidders . The Engineer' s estimate was about $2 . 9 million and the two low bidders were some 36 .40-. below the Engineer' s estimate . We have looked at the bid distribution and it is not particularly unbalanced; it is uniformly low across the board. The two low bidders can get bonded and we would anticipate a great deal of inspection effort required during the administration of this contract . We have reviewed this issue with legal and we were not able to find any issue which would give us ground to reject the bids due to them not being a responsible bidder. He commented that if the low bidders cannot get bonded, we would cash the bid bond and go on to the next low bidder. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : Councilor Martin Item 13a A discussion was had on the ordinance calling for a special election in January 18 , 1997 . City Attorney informed that the ballot wording had been presented to the Attorney General' s Office and the Texas Comptroller' s Office and both basically approved the language . Also, before this Ordinance can be placed on the agenda for Council action we have to de-annex a portion of property in Archer County. 336 Item 13a cont' d. Mayor asked Council members for any suggested changes to the wording. Councilor Daniel asked if the phrase "to be used to reduce the property tax rate" could be changed to replace the word "reduce" to "offset" . City Attorney replied that it could not; the wording is mandated by statute . Councilor Hawkins asked if that means that if the tax passes we will have to use this adjusted rate next year. If so, we need to let the citizens know that we will have to have some set basis and according to this we cannot raise it back up to 67 . 675 next year. Councilor Johnston stated that if the tax is approved and we reduce the rate, then that becomes a new point for calculating the rollback figures . City Attorney concurred. Mayor said that she had met with the Infrastructure Committee, and she briefed them on the approach that Council had decided to take . Some Committee members expressed their concern that it should be made clear that this is reducing the City property tax rate and not the school or county. Mayor suggested adding the word "City" in the caption of the proposed Ordinance in that portion of the sentence referring to the reduction of the property tax rate . It was agreed that the word "City' s" be added in the Ordinance caption in the following sentence segment : to be used to reduce the City' s property tax rate . . . " Council also agreed to insert the word "City" where applicable and permissible in regards to the reduction of the tax rate . Staff was directed to prepare an ordinance for de- annexation of the necessary property and place it on the October 1, 1996 Council agenda. Item 1 b Mayor informed that this was a follow-up of the Council worksessions and in accordance to the terms of Resolution No. 19-87 Rules and Procedures of City Council . The amended rules will be presented at the next Council meeting, October 1, 1996, for Council action Arnold Oliver, 2407 Lou Lane, Chair Clean Community Commission, gave a report on the Committee' s activities in regard to the graffiti ordinance. Mr. Oliver provided Council with a draft of a proposed graffiti abatement ordinance . Mr. Oliver stated that they spent a great deal of time in discussion and research to find something that would be useful to the City. The amount of discussion concerned with this portion of the charge was somewhat controversial . He referred to the sections of the draft which deal with the failure of the property owner to remove the graffiti from their property, and 337 Item 139 the penalty. He said they had looked at numerous programs in other cities in an attempt to find a successful program which did not penalize the property owner twice, first as victims and then by City ordinance . We did not think this was fair or appropriate, however, we did not find a program which did not penalize the owner twice . Mr. Oliver referred to the attachment which was a compilation of some things that other cities have offered the citizenry in ways to help abate graffiti . These are items which can be effective, but, we are not recommending specifically that you adopt all these . However, with the adoption of the ordinance, you have to have some sort of program to assist the citizens in attacking this problem. There are a lot of different situations where people themselves do not have the financial ability to remove the graffiti from their property. Most cities offer some sort of help for graffiti abatement . An effective program is going to require resources, equipment, people, and money. He concluded by listing the three ways to eliminate graffiti . One is to purchase the equipment and have the personnel to operate it; second is to contract with a private firm; and third is the use of volunteer organizations or community service by juvenile offenders . A video was shown of equipment which eliminates graffiti . Councilor Hawkins asked if the Municipal Judge could order community service . City Attorney will research this . Item 13d Councilor Martin mentioned the Texas Oklahoma Fair sponsored by the Lions Club, which begins tonight and invited everyone to attend. Councilor Hawkins mentioned that the Week' s Golf Course is in poor shape and something needs to be done . Councilor Hawkins asked that the Ordinance relating to off-street parking be re- considered to determine if improved surface should refer only to paving. He invited everyone to attend the Shrine Circus on Saturday and Sunday. Councilor Thompson urged that something be done about the weeds and grass that are out of control in District 2 . Mayor Yeager stated that in effort to continue to act more as a cohesive unit, at this time she wanted to follow up on Councilor Hawkins' suggestion to reconsider the off-street parking. She asked if Council wished to have the City Manager look into this and bring that information back. Council was in agreement . Councilor Thompson asked what was going to be done about the mowing. City Manager commented that mowing funds were exhausted until October 1, but they have talked about lining up the projects . This is probably going to happen again next year, but we will see what we can do. 338 Item 13e City Manager commented that there had been quite a bit said about the radar situation at the airport . The radar unit at the airport has not been operational for some time and you have also been given information on the pros and cons of Doplar. The recent activity has been to keep the unit . Staff position is that it is not a good alternative for the City. The issue raised is public safety and I have asked Mr. Parker to tell us how we are covered and why the old unit should remain unplugged and deemed surplus and removed from the premises . There are some alternatives and he will discuss public safety and back up systems . City Manager distributed a handout to the Council . Mr. Robert Parker informed that the unit at the National Weather Service, Municipal Airport is a 74C model which is a 1970' s technologies and operates on a five centimeter wave length. He explained that the wave length is important because the shorter the wave length the more energy that is lost looking through moderate rain or a close in storm. The latest National Weather Service radar utilizes a 10 centimeter wave length and has much more capability than the 74C at the airport . Mr. Parker explained the difference between a 3 , 5 and 10 centimeter radar. He gave the training requirements for a 74C, and also the error potential . Safety is the biggest concern, and a much better way of insuring the safety of the citizens of Wichita Falls is with a Doplar radar, computer enhanced, and three meteorologists, one with a masters degree in meteorology. KSWO has all this including backup generator power, and they are available through ham frequencies, cellular radios and land line for telephone service . They are available and willing to provide a much better backup capability. City Manager stated that the main concern is citizen safety and whether the City is taking the appropriate steps to safeguard that and provide for it, and I think we are . There are enhancements that we can do to it and anything the Council wants to discuss in the way of getting more information of what is available we are willing to provide you. We are very appreciative and supportive of all the spotters and the volunteer time they provide . They can not be replaced. What we have been speaking against is the weight of carrying a system that is no longer relevant to the overall of providing for that public safety. We would be happy to set up a demonstration of the alternative for Council . Mr. Parker informed that the technical name is NexRad Information Services and he can get the necessary information for Council . What NexRad Systems portrays is the same thing that is available at Norman, Oklahoma and what we are suggesting is a backup something other than NexRad, that is already funded and in place with three certified qualified meteorologist looking at it . This is available at KSWO, which is a much better system than we currently have . City Manager commented that it is an area of concern and Staff wanted to bring this information to Council . We will take it from here and develop it further. As of today there is backup and there is coverage and safety. We need to focus on 339 Item 13e cont' d. using the system that has proven to work best rather than staying with a system that no longer works for us . We would also continue to utilize the volunteer spotters . City Council recessed for ten minutes at 10 : 20 a.m. TtPm 13f City Council convened in executive session at 10 : 38 a.m. as authorized by Section 551 . 074 of the Government Code . The City Council reconvened at 11 :45 a.m. Mayor informed that there were no votes or decisions made during executive session. Item 13a Moved by Councilor Thompson that Dr. Joe R. Miller be appointed to the Wichita Falls Housing Authority with term to expire July 1, 1997 . Dr. Miller is replacing Ms . Cindy Butemeyer.. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13h Moved by Councilor Thompson that Nannette Kendall and Thomas R. Staley be appointed to the Wichita Falls Park Board with terms to expire December 31, 1996 . They will replace Ms . Sharon Roach and Ms . Linda Chistiansen. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 13i Moved by Councilor Thompson that the following persons be appointed to the Traffic Safety Commission: 340 Item 13i cont' d. Ronnie Awtry (District 1) Term expires 12/31/98 Mike Duncan (District 3) Term expires 12/31/98 Jody Wade (District 4) Term expires 12/31/99 David Westen (District 5) Term expires 12/31/99 Helen Penny Henderson (At-Large) Term expires 12/31/99 The following are representatives from various areas and were appointed for indefinite terms . Bob Parker (Traffic Division) Lt . Robert Wagner (Police Department Traffic Division) Kathy Baldwin (W. F. I . S .D. Safety Officer) Roger Clements (Texas Department of Transportation) Joe Clement (Texas Department of Public Safety) Lt . Col . Marlin Johnston (SAFB Safety) Elaine Burgoin (Municipal Court) Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13i Moved by Councilor Thompson that the following persons be reappointed to the Aviation Advisory Board: Monty Monson Term expires 12/31/98 Dr. Larry Gunnell Term expires 12/31/98 David Potter Term expires 12/31/97 and that the following persons be appointed: Elizabeth Herreid Term expires 12/31/99 Robert Reid Term expires 12/31/99 Robert Cedrone Term expires 12/31/99 James Morrison Term expires 12/31/98 Andrew Beaty Term expires 12/31/96 Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13k There were no appointments to the Firefighters and Police Officers Civil Service Commission. 341 Item 131 Moved by Councilor Thompson that Elizabeth Martin and Frederick, B. Stangl be appointed to the Water Resources Commission with terms to expire September 30 , 1998 . Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilor Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Mayor stated that this concludes the regular agenda of the City Council of the City of Wichita Falls, September 17, 1996 . However, we will hold an annexation worksession, and invited anyone who wished to remain to attend. Item 14 A worksession was held on annexation service plans and schedule . Mayor informed that at the last Council meeting a worksession was held on annexation and service plan of two potential areas of annexation to the City of Wichita Falls . She said that citizens are welcome to listen, however, there are required legal public hearings for citizen input . Council had asked Staff for additional information and this morning that will be provided to us . After listening to the information provided by Staff, the City Council was of the consensus that there were a number of issues which were brought up that needed to be considered, therefore, they will continue to look at these two areas and take this up in the near very future . City Council adjourned at 12 :35 p.m. PASSED AND APPROVED this day of 1996 M A Y O R Fxi ATTEST: City Clerk