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Min 10/01/1996 342 Wichita Falls, Texas Memorial Auditorium Building October 1, 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 Angus Thompson - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Dan Shine - Absent Bill Daniel J.W. Martin Mayor Yeager called the meeting to order. Invocation was given by Rev. Fredric Utz, St . Mark' s United Methodist Church. Mayor expressed appreciation to the joint City/County Highway Committee that has worked intensively over the past months on the Holliday-Broad Overpass . Mayor thanked the Council and the Staff for their part in this, in particular Mr. Dave Clark and Mr. Steve Seese . Item 3 Brenda Jarrett, 1815 Hayes, mentioned the shooting of the 14 year old girl on eastside . She asked that the City consider implementing youth programs along with funding. She provided information on new youth programs from Ft . Worth and Kansas City, Missouri and said that we need to gain control of our youth and love them back to order. Ms . Jarrett provided a book to the Mayor on some programs for her to review. Patsy B. Williams said she grew up in Wichita Falls and she wants to provide her expertise and is willing to work to help save our neighborhoods and the children. She mentioned that she has had many years of experience in mediation and in deterring violence . 343 Item 3 cont' d. Mayor commented that we all share these concerns and are looking for ways to find solutions to these problems . Item 4a Tom Reynolds, Parks Department, was honored as Employee of the Month. Mayor Yeager presented him with a plaque, City pin, theater and transit tickets, dinner for two, and a check. N, Mayor Yeager declared the month of October 1996 as "Learning Disabilities Month" in Wichita Falls . Mayor Yeager declared the month of October 1996 as "Crime Prevention Month" in Wichita Falls . Mayor Yeager declared the month of October 1996 as "Domestic Violence Awareness Month" in Wichita Falls . Item Minutes of the City Council were approved as distributed. Item 6a-8b Councilor Hawkins requested that Item 6b be brought down to the regular agenda. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 6b. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 6a RESOLUTION NO, 147-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES QUALIFYING FOR VARIOUS U. S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 344 Item 7a RESOLUTION NO 14 - 6 RESOLUTION APPROVING THE AWARD OF BID AND CONTRACT FOR RIVER BEND NATURE WORKS PARKING LOT PROJECT Items 8a-8b Minutes of the following commission and board were received. a. Planning and Zoning Commission, August 14 , 1996 b. Board of Adjustment, August 26, 1996 Item 6b RESOLUTION NO 148- 6 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM INDUSTRY Moved by Councilor Johnston that Resolution No. 148-96 be passed with the exception of the Community Action Corporation of Wichita Falls and North Texas Area Contract (Meals-on-Wheels and Neighborhood Action Groups) . Action on this item will be taken up at the next Council meeting. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Items 9a A public hearing was held on the proposed use of funds to be received from the Bureau of Justice Assistance (BJA) , U. S . Department of Justice . Mayor declared the public hearing open. Mayor informed that these funds will be used by the Police Department to complete a Local Area Network (LAN) computer system throughout the police building. Mayor allowed time for public comment . There being no one who wished to be heard, the Mayor declared the public hearing closed. 345 Item 10a ORDINANCE NO, 147-96 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DISANNEXING A PARCEL OF PROPERTY LOCATED IN ARCHER COUNTY, TEXAS; FINDING THAT SAID PROPERTY IS NOT NECESSARY FOR MUNICIPAL PURPOSES; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; 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. 147-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager Councilors Johnston, Thompson, and Hawkins . Nays : None Item 1Qb ORDINANCE NO. 148-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF rw ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTH SIDE OF KEITH STREET ADJACENT TO THE NORTH LINE OF LOT 1-C, BLOCK 13-A, BURLINGTON CALL FIELD INDUSTRIAL DISTRICT SUBDIVISION Moved by Councilor Johnston that Ordinance No . 148-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins . Nays : None Item 10C ORDINANCE NO, 149-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTHWEST SIDE OF FRIBERG CHURCH ROAD ADJACENT TO THE NORTHEAST LINE OF LOT 1, BLOCK 1, FRIBERG CHURCH ROAD ADDITION Moved by Councilor Thompson that Ordinance No. 149-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . 346 Item 10c con ' d. Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 10d ORDINANCE NO 1 0-96 ORDINANCE WAIVING APPENDIX A, SECTION 7 (B) (3) & (4) OF THE CODE OF ORDINANCES WITH RESPECT TO REQUIRING SUBMISSION OF PLANS AND SPECIFICATIONS AND SUBSEQUENT CONSTRUCTION OF STREET PAVING AND DRAINAGE FROM THE EAST END OF KEITH STREET TO THE EAST PROPERTY LINE OF LOT 1-C, BLOCK 13-A, BURLINGTON CALL FIELD INDUSTRIAL DISTRICT SUBDIVISION Moved by Councilor Johnston that Ordinance No. 150-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 10e A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing a sidewalk on the south side of Terral Street adjacent to the north lines of Lots 10 and 8A, Block 1, Holliday Park Addition. Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Johnston. Rosemary Munch, representing Paul Miller who is the owner of 1013 Terral St . , asked what Mr. Miller' s access rights were since Mr. Nethery had indicated that he wants to build his fence and squeeze them out where they would not have any access . Eldon Nethery, owner of the property in question, gave information regarding his contact with Mr. Miller. He also informed of his attempt to provide him with information on how to access his property. After hearing information on this, Council determined that the access issue dealt with a dispute between two property owners and should be handled as a civil matter. Regarding the issue of the sidewalk waiver, Staff recommended denial . Motion failed by the following vote . 347 Item l0e cont' d. Ayes : None Nays : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Item lla RESOLUTION NO 150-96 RESOLUTION AUTHORIZING THE SANITATION DEPARTMENT TO APPLY TO NORTEX FOR A SOLID WASTE GRANT TO CONTINUE THE BACKYARD COMPOSTING PROGRAM AND TO EXPAND THE CURBSIDE ORGANICS Moved by Councilor Hawkins that Resolution No. 150-96 be passed. Motion seconded by Councilor Thompson. Mr. David Lehfeldt informed that these two grants are to continue programs which have been started in the past . One is the backyard composting which has been applied for and received by Nortex in the last two years . We have helped them administer the grant and have utilized it . However, this year the State is requiring that Nortex not self- administer their own grants, and they have asked us to take over the application program and administer same . The second program is the curb side recycling program. Both programs are running very well . The need for additional money is to assist in automating curb side service . We are going to phase out the current collection fleet, and State funds would be utilized to purchase the necessary roll out carts . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson and Hawkins Nays : None Item 11b RESOLUTION N0, 151-96 RESOLUTION AMENDING RESOLUTION NO. 19-87 DATED FEBRUARY 3 , 1987 Moved by Councilor Johnston that Resolution No. 151-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins 348 Item llb on ' d. Nays : None Item llc RESOLUTION NO 1 2- 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE "STANDARD PROFESSIONAL SERVICES AGREEMENT" WITH JOHN DORSEY & ASSOCIATES AND TO USE SEIZED FUNDS TO COVER THE COST OF THE CONSULTING SERVICES Moved by Councilor Johnston that Resolution No. 152-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None Item 12a RESOLUTION NO 1 -96 RESOLUTION AUTHORIZING FINAL PAYMENT TO TEXACO PIPELINE, INC. , FOR MOVEMENT OF A 10" TEXACO PIPELINE FOR THE MCGRATH CREEK CHANNEL Moved by Councilor Johnston that Resolution No. 153-96 be passed. Motion seconded by Councilor Thompson. Mr. George Bonnett briefed the Council on this issue . He explained that Funding Form 99662 provides that for $100 worth of flood protection a local agency, the City, pays $5 in cash; additionally, they must pay $20 (200) which may be paid for in cash, lands, easements, right-of-ways and relocations . These types of costs, relocations, are used to off set our 200 requirement . The remaining dollars are federal dollars . Holliday Creek, and McGrath Creek were funded under 99662 , and have been very successful . We now have Plum Creek approaching us utilizing the same funding formula but under a different public law. When we started Holliday Creek Project, we knew we had quite a few utilities to relocate and were under tight time schedules . We negotiated with the agency responsible for the relocation and we worked on a not to exceed figure . However, more money was spent and Texaco has approached us with an 349 Item 12a cont' d. additional $20 , 000 worth of costs over our not to exceed figure . Mr. Bonnett did not feel Council had a legal obligation, but, Texaco spent the money and they helped us meet the tight time frame so that we did not loose the $10 million in federal funds . The $20 , 000 will be recouped through the McGrath Creek Project . This money will either have to be paid for in relocations or paid to the Corps of Engineers . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins . Nays : None . Item 13a Councilor Thompson expressed appreciation to Mr. Dave Clark' s staff for some of the weeds which have been cut, but there are still some which need to be cut on Sally Circle . Councilor Thompson referenced the shooting of the 14 year old girl on eastside, and expressed his condolences to the family, relatives and friends . He said it is very sad to see young lives being snuffed out . It seems like we live in a , culture of violence in America and that violence, especially among the young, is on the rise . He said he did not know if anyone had the answer. He asked that everyone pray and come back to God, first, then work with the parents and young people to help them understand that they are our future . We must consider what each one of us can do to make our families and children realize that violence is the wrong way to deal with disputes . Mayor announced that October 6 is the last day to register to vote for the Presidential Election. Item 13b There were no staff reports . Item 13c The City Council went into executive session at 10 : 10 a.m. , ° as authorized by Section 551 . 074 of the Government Code . The City Council reconvened at 10 : 50 a.m. Mayor announced that no votes or decisions were made in executive session. 350 Item 13d Moved by Councilor Thompson that Erion Simpson be re- appointed with term to expire September 30, 1998, and the following persons be appointed to the Mayor' s Commission on the Status of Women with terms to expire as set out . Debbie Dobbins Term expires 9-30-98 Juanita A. Keck Term expires 9-30-98 Madalyn Allen Term expires 9-30-98 Patricia LeBus Term expires 9-30-98 Patsy V. Williams Term expires 9-30-98 Cassandra Crowe Term expires 9-30-97 Allison Burleson Term expires 9-30-97 Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : None The City Council adjourned at 10 : 55 a.m. PASSED AND APPROVED this day of �(� 1996 . kA KAT RYN A. Y AGER MAYOR ATTEST: Lydia Torres City Clerk