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Min 10/15/1996 351 Wichita Falls, Texas Memorial Auditorium Building October 15, 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. Larry George, University United Methodist Church. Item 3 Dorothy Hughes, 4813 Alamo, said that they were having a problem with transportation. Mrs . Hughes explained that they have a retarded daughter who has been in the Helen Farabee Home for three years and they are recommending that she be taken into independent living in an apartment with assisted help. They found an apartment at the Fairway Apartments, located on Coronado and Fairway. The bus stops one half block from the apartment . However, the bus route does not continue after 12 : 30 p.m. , which would leave her stranded. She requested that, if possible, the route time be extended. Mayor said that Staff would look into that situation and get back with her as soon as possible . Bob Gordon, 1618 Dodge, was concerned about the property at 1218 37th Street which is next to the Food Bank. He said that he has no complaints about making it commercial, but they have filled it up so much that the water does not run off his property. It runs off theirs to his . Mayor informed Mr. Gordon that the item dealing with this was on the agenda and he could stay and speak at the time it is addressed. Rodney King, 1812 Lucille, expressed concern about the nation wide epidemic of youth violence . He felt that with the deaths of the three youths here it has hit home . Mr. King thinks that the communication breakdown between the adults and 352 Item 3 cont' d. the youth is probably part of the problem. We as adults get disconnected from the youth as to what they are thinking and how they are feeling. Our youth do not feel included and they are rebelling against the system because they do not feel the system is there for them. They are very bitter and angry at us . I am willing to try to do what is right for our community and our youth. My services are available in whatever capacity they are needed. Mary Stengl stated that she was with the Wichita Falls Food Bank and would reserve her comments when that item was addressed on the agenda. B.J. Richardson, 1943 Perigo, expressed concern of not knowing what the policies were on livestock in the City today since he said he had been promised in the 1960' s that he could keep his horses and chickens . He said he has been issued tickets for keeping sheep on his property. Mayor said that his concerns will be looked into. Also, Mayor will meet with him to discuss other issues of concern which he had but did not mention today. Mayor Yeager proclaimed October 19 and 20, 1996 as Heritage Days in downtown Wichita Falls . Gayla Morris thanked the City for their help. Mayor Yeager proclaimed October 21 through 25, 1996 as "National Business Women' s Week" and commended Wichita Falls BPW, the local organization, for their contributions and achievements . Rita Vokes, President of Wichita Falls BPW, expressed appreciation to the City Council and gave a personal invitation to join in the celebration on October 24 , 1996 . Item 4 The minutes were approved as submitted. Councilor Hawkins stepped out of the Council Chambers . Items 5a-7f Mayor stated that Item 5f would be deleted since this issue has been resolved by obtaining the necessary bonds . Moved by Councilor Johnston that the Consent Agenda be ' approved with the deletion of Item 5f . Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None 353 Item 5a-7f cont' d. RESOLUTION NO. 154-96 RESOLUTION APPROVING THE SALE OF EXCESS CITY PROPOERTY ON STATE HIGHWAY 79 AND AUTHORIZING THE EXECUTION OF A DEED TO CONVEY TITLE Item 5b RESOLUTION NO, 155-96 RESOLUTION AUTHORIZING THE WICHITA FALLS POLICE DEPARTMENT TO PURCHASE SOME SPECIALIZED POLICE EQUIPMENT FROM SEIZED CONFISCATED FUNDS Item 5c RESOLUTION NO, 156-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS Item 5d RESOLUTION NO. 157-96 RESOLUTION TO APPROVE JOINT FUNDING AGREEMENT WITH U. S . GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR CONTENT GAUGING STATIONS Item 5e RESOLUTION NO 158-96 RESOLUTION TO APPROVE THIRD AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE WICHITA VALLEY WATER SUPPLY CORPORATION Item 5f This item was deleted. Item 6a RESOLUTION NO 159-96 RESOLUTION TO AWARD BIDS FOR CHEMICAL POLYMERS FOR SLUDGE DEWATERING Items 7a-7f Minutes of the following boards and commissions were received. a. Library Advisory Board, September 24 , 1996 b. Board of Electrical Examiners, September 12, 1996 c . Planning and Zoning Commission, September 11, 1996 d. Wichita Falls Traffic Safety Commission, September 4 , 1996 e . Commission on Human Needs, September 16 , 1996 f . Wichita Falls-Wichita County Public Health Board, August 23 , 1996 354 Item 8a ORDINANCE N0, 151-96 AN ORDINANCE REZONING 1220 & 1224 MIDWESTERN PARKWAY, LOTS 23 & 24 , BLOCK 19 , HILLCREST ADDITION, WICHITA FALLS, TEXAS FROM SINGLE FAMILY TO GENERAL COMMERCIAL (CASE R 96-12) ; 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. 151-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None Item 8b ORDINANCE NO. 152-96 ORDINANCE REZONING TRACT 1, UNIT 1, EXPRESSWAY EAST INDUSTRIAL DISTRICT, 2815 EAST CENTRAL EXPRESSWAY, , WICHITA FALLS, TEXAS, FROM HEAVY INDUSTRIAL TO HEAVY COMMERCIAL ZONING (CASE R 96-13) ; 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 . 152-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None Item Sc ORDINANCE NO. 153-96 , ORDINANCE REZONING LOT 1, REGION IX EDUCATION SERVICE CENTER 301 LOOP 11, FROM SINGLE FAMILY-2 RESIDENTIAL TO GENERAL COMMERCIAL CONDITIONED ZONING (CASE R 96- 14) ; 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. 153-96 be passed. 355 Item 8c cont'd. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None Item 8d ORDINANCE NO. 154-96 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE CRIMINAL JUSTICE DIVISION OFFICE OF THE GOVERNOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTING ACCEPTING SAME Moved by Councilor Johnston that Ordinance No. 154-96 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None Councilor Hawkins returned to the Council Chambers . Item 8e ORDINANCE NO. 155-96 ORDINANCE APPROPRIATING FUNDS FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) FOR THE EMERGENCY SHELTER GRANT PROGRAM; 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. 155-96 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 356 Item 9a RESOLUTION NO. 160-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA Councilor Thompson stated that he would not participate in the discussion nor vote on this item. Moved by Councilor Hawkins that Resolution No. 160-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins . Nays : None Abstentions : Councilor Thompson Item 9b RESOLUTION NO. 161-96 RESOLUTION EXTENDING THE CURRENT MORATORIUM ON THE ISSUANCE OF PERMITS FOR OFF-PREMISE ADVERTISING SIGNS TO JANUARY 2 , 1997; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 161-96 be passed. Motion seconded by Councilor Johnston. Mr. Steve Seese informed that at the last Planning & Zoning meeting they finalized the revision in the sign ordinance and it will be presented to the Council at their November 5 City Council meeting. If this ordinance had come to the Council at the November 5 meeting, the moratorium that was previously issued by the Council for 120 days would be off . It is our intent to put specific language in the ordinance, that will be presented to Council on November 5, which would lift the moratorium 30 days after passage of the ordinance . Since our ordinances go into effect 30 days after passage, the moratorium would be lifted December 5 . Today' s ordinance was placed on the agenda with the January 2 date because we did know what the Planning and Zoning Commission would decide, and it needed to placed it on this agenda. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 357 Item 9c RESOLUTION NO, 162-96 RESOLUTION REVERSING THE DISAPPROVAL OF THE REINSTATEMENT OF CONDITIONAL USE PERMIT NO. C 96-14 , FOR RETAIL SALES IN A LIMITED COMMERCIAL ZONE AT 1526 KELL BLVD. , WICHITA FALLS, TEXAS, AND GRANTING THE PERMIT, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 162-96 be passed. Motion seconded by Councilor Martin. Councilor Hawkins stated that the absence of the petitioner made it difficult to get questions answered and that is the reason Planning and Zoning decided not to grant this reversal . Councilor Shine mentioned that Council had given other waivers in that area and Staff has recommended to give the petitioner another chance . He asked for staff input . Mr. Steve Seese stated that Staff made it clear to the applicant at that time that we felt we had the issue resolved. He agreed to comply with the conditional use permit . Part of the problem was his outdoor storage of golf cars and also used car sales on his property. He was informed of the violations and he is making a steady effort to doing something on the property. Our recommendation stands for reinstatement . Ross and Becky Moser, applicants, provided the Council with copies of the letters mailed to them which he said were not certified mail . He gave a brief history of his view on what had happened. He said that there were for sale signs on cars within a five block radius of his property and he did not know he could not sell his own personal car until this meeting. He has re- located his sign and has asphalted and installed a handicap ramp. He said that the golf cars belong to his customers . Councilor Hawkins mentioned that if anyone drops off or delivers golf cars they must use 17th Street . Mr. Moser agreed that anything he has control of will be delivered on 17th Street . I do not leave them out overnight, they are moved as soon as possible . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : Councilor Hawkins Councilor Hawkins left the Council Chambers . 358 Item 9d RESOLUTION NO. 163-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY ATTORNEY TO FILE A MOTION OF INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET NO. 8647 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. , 163-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None Item 10a Councilor Thompson expressed concern about youth violence . He said that the gangs are not new, but it seems that back 30-40 years ago youngsters were involved in great causes, brown power, black power, etc . The difference is today' s youth do not have a cause to march or fight for, and they are poor in spirit . He asked parents to try to encourage their children to reach for , higher heights . There is still racism, poverty, and drugs in our community and we need to fight for the good things . He hopes the youth would, rather than killing each other, try to destroy those things which are destroying all of us . Councilor Martin reiterated what Councilor Thompson had said, and he commended the Mayor for taking the leadership in bringing the school system and the County together to work out the gang problem. We need to involve the whole area and not just our community. He informed that early voting starts on October 16 and gave the various voting locations . He encouraged everyone to get out and vote . Councilor Daniel stated that we have a lot of challenges in the City and this Council has decided to address them, economic, sales tax, education, new schools and new opportunities . We need to take this challenge as the ultimate challenge of providing stability for our young people . It is a foundation problem, and they need a point of stability, whether it is a male or female adult that they can go to get answers or we will lose a whole generation. Councilor Daniel said that he had the opportunity to speak to several Wichita Falls High School classes where several issues were discussed, one being graffiti . They had several recommendations on handling this problem. He expressed appreciation to these classes and said that he had learned quite a bit from them. 359 Item 10a cont' d. Mayor Yeager thanked Councilor Thompson for his comments . She also thanked County Judge Nick Gipson and David Flack, President of the School Board, for their willingness to join forces with us as we try to find a solution to the problems that confront the City. It is not going to happen over night and it is going to take the efforts of all of us, the youth, their parents or the people who have the responsibility for the youth, working together to find the solution to these problems . She asked for everyone' s support and patience as we move forward on this . Item 10b Mr. George Bonnett presented an update on the Sanitary Sewer Evaluation Study. He gave a brief history of what has taken place on this study to date . Mr. Bonnett showed a graph of where we are and what they propose to do. We are proposing three programs for rehabilitation which involves three factors . First is sanitary sewer manhole reconstruction rehabilitation sealing. Second is pipe bursting. Third is a slip lining operation, where a smaller line is inserted into a larger line . We are well into our cleaning program. We have a series of expansion construction projects . He reported on the Phase I Program. 1) The Sanitary Sewer Manhole Rehabilitation Program is under contract now for $210, 000 . We are proposing to follow this with two more contracts . 2) The second project we have underway is Pipe Bursting at $969, 545, which will have two more phases . We will have to go back in and dig the service lines and re-connect them. 3) The third project is Sanitary Sewer Lining and is under contract now for $848, 393 . Additionally, the first phase of the expansion is the Arizona Trunk Main and Southwest Interceptor Relief Sewer, which are currently under contract . There will be a new lift station on Sesame off Barnett Road and a force main coming off the lift station and will drop in, short of McNiel . There will be a new trunk line constructed called the Arizona Trunk Line which will cross Kemp, Maplewood, Taft, down to Irving Place and tie in to the new Holliday Creek Trunk Line . That is currently under contract under two separate jobs, $1 . 25 million on the lift station and $1 . 83 million on the trunk line . He said they have concerns about the level of construction that the City can tolerate . There are going to be a lot of delays and inconvenience, however, we will try to hold it to a minimum. We are under a tight time frame and do not have much slack in terms of trying to schedule these projects if we are to meet the EPA requirements . Phase II will be three new projects which are under design now. We are trying to very carefully schedule our assets so that we do not have multiple projects going on simultaneously. 360 Item 10b cont' d. Where we are building new facilities you will see a Southmoor Interceptor which we projected at $2 million, a Sixth Street Trunk Main projected at $3 . 5 million, an Iowa Park Road Interceptor projected at $2 . 6 million, and a North Basin Interceptor. The overall SSES Project is scheduled to close out in the year 2000 and end January 1, 2006 . Mayor stated that the item dealing with the Food Bank property had already been voted on. Mary Stengl insured the Council that the Food Bank would do everything they can to address the problem of the water running off on Mr. Gordon' s property. However, the problem there is the elevation of the land, but we will do what we can. Item 10c 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 2 :40 p.m. and adjourned. PASSED AND APPROVED this _ day of 1996 . �G KATH N A. YE GER j MAYOR ATTEST: CAA Ll - Lydia Torres City Clerk