Loading...
Min 12/21/1993 445 Wichita Falls, Texas Memorial Auditorium Building December 21 , 1993 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 Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Leon Mallonee - Absent The invocation was given by Mayor Lam. Item 3 Moved by Councilor Hawkins that the Minutes of the meeting held December 7, 1993 , be approved with the following corrections: The minutes will reflect that Councilor Thompson made the motion on Items 5a-7f and Councilor Martin made the motion on Item 10i. The vote on Item 91 will reflect that Councilor Martin voted against the motion. Councilor Hughes seconded the motion to approve the December 7, 1993 Minutes, with corrections. Motion carried by the following vote: Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 4 Item 4b was moved to the regular agenda. Moved by Councilor Martin that the consent agenda be approved with the exception of Item 4b, which Councilor Hawkins requested to be moved to the regular agenda. Motion seconded by Councilor Hughes and carried by the following vote: Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None i 446 Item 4a RESOLUTION NO. 192-93 RESOLUTION TO APPROVE U.S. GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR-CONTENT GAUGING STATIONS Item 5a The bid for stock computer paper and special forms for FY 93-94 was awarded to Data Documents, Wichita Falls. Bid for stock computer paper was in the amount of $23 , 399 . 41 and for special forms bid was in the amount of $3 , 872. 92. Item 5b The bid for stock annual requirements of office supplies for the City and the County was awarded as follows: Office Supplies Wilson Office Supply $12,586. 64 Binders Wilson Office Supply $ 802. 30 Envelopes Carpenter Paper $ 2, 514. 78 Item 6a RESOLUTION NO. 194-93 RESOLUTION TO ACCEPT PRISON WATER SYSTEM PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR. Item 7 Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning Commission - October 13 , 1993 b. Lake Wichita Study Committee - November 16, 1993 c. Wichita Falls Cable Advisory Committee - December 1 , 1993 d. Wichita Falls Park Board - December 2 , 1993 e. Water Resources Commission - December 3 , 1993 f. Commission On Human Needs - December 6 , 1993 . Item 4b RESOLUTION NO. 193-93 RESOLUTION TO APPROVE GRANTING OF RIGHT-OF-WAY EASEMENT TO THE CITY OF OLNEY, TEXAS FOR A WATER LINE ACROSS CITY-OWNED LANDS AT LAKE KICKAPOO, TEXAS Moved by Councilor Martin that Resolution No. 193-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8a Steve Seese, City Planning Administrator, gave the following overview on Comprehensive Housing Affordability Strategy (CHAS) . CHAS, the 5 yr. program, is a requirement by the U.S. Department of HUD for participating jurisdictions to identify and report on available housing within their city. The document is thought to be comprehensive in that it considers all elements of low and moderate housing whether it be rental or owner occupied property. CHAS has been available for public 1 447 Item 8a, cont'd. comment at Kemp Public Library, the Housing Division of the City and the Center for Non Profit Management. We have thus far received no comment from service providers or the public regarding CHAS. The public hearing was opened on the Comprehensive Housing Affordability Strategy (CHAS) five-year plan. Councilor Martin asked if funds were available for repair to low income families who already owned a home. Dave Clark replied that currently through the Community Development Block Grant, we have available loan and grant programs for housing repairs to low and moderate income people. CHAS is required under the federal government in order to continue operating these programs. Actually, it is a requirement to be able to receive federal funding. He stated that the programs Councilor Martin was asking about are available now. No one else desired to be heard, and the hearing was closed. Item 9a ORDINANCE NO. 156-93 AN ORDINANCE REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SANITARY SEWERAGE SYSTEM AND THE STORM DRAINAGE SYSTEM OF THE CITY OF WICHITA FALLS, AMENDING ORDINANCE NO. 71-83 , WHICH IS CODIFIED AS CHAPTER 32, ART. VI OF THE CODE OF ORDINANCES, CITY OF WICHITA FALLS, TEXAS, IN ITS ENTIRETY; DEFINING TERMS; REGULATING DISCHARGES OF CERTAIN SUBSTANCES INTO THE WASTEWATER TREATMENT SYSTEM; PROVIDING LIMITATIONS ON WASTEWATER STRENGTH; PROVIDING FOR SEWAGE SURCHARGES; PROVIDING PERMITS FOR CERTAIN INDUSTRIAL DISCHARGERS; PROVIDING FOR PERMIT FEES; PROVIDING REPORTING REQUIREMENTS; PROVIDING FOR SUSPENSION AND DISCONNECTION OF SERVICE AND REVOCATION OF PERMIT; PROVIDING FOR PENALTIES; PROVIDING A SAVING CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Moved by Councilor Martin that Ordinance No. 156-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 9b ORDINANCE NO. 157-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF TURTLE CREEK ROAD, ADJACENT TO THE EAST LINE OF LOTS 1 THROUGH 9, THORNTON ADDITION Moved by Councilor Martin that Ordinance No. 157-93 be passed. 448 Item 9b, cont 'd. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Thompson, Hughes, and Martin Nays: Councilors Loughry and Hawkins Item 9c ORDINANCE NO. 158-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING APPENDIX C, SECTION 6210 OF' THE CODE OF ORDINANCES BY ADDING A PROVISION PROHIBITING PARKING OF VEHICLES ON UNPAVED SURFACES WITHIN THE FRONT YARD OF SINGLE-FAMILY RESIDENTIAL AREAS AND AMENDING SECTION 2030 TO ADD A DEFINITION OF FRONT YARD - RESIDENTIAL; 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. 158-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 9d ORDINANCE NO. 159-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING THE REQUIRED STREET DEDICATION FOR LOTS 2-A AND 2-B, BLOCK 6 OF THE BURLINGTON-CALLFI ELD INDUSTRIAL ADDITION (A REPLAT OF LOT 2, BLOCK 6) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED AND WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 159-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 9e ORDINANCE NO. 160-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF CARTWRIGHT ROAD, ADJACENT TO THE EAST LINE OF LOT 15- A, BLOCK 2, RANCH ESTATES Moved by Councilor Thompson that Ordinance No. 160-93 be passed. 449 Item 9e, cont'd. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, and Hawkins Nays: None Item 9f ORDINANCE NO. 161-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE WEST SIDE OF TURTLE CREEK ROAD, ADJACENT TO THE EAST LINE OF LOTS 1 THROUGH 9 ,THORNTON ADDITION Moved by Councilor Hughes that Ordinance No. 161-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Thompson, Hughes, and Martin Nays: Councilors Loughry and Hawkins Item 9g ORDINANCE NO. 162-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF FM 171 , ADJACENT TO THE WEST LINE OF LOT 1 , BLOCK 1 , DEAN DALE ADDITION Moved by Councilor Martin that Ordinance No. 162-93 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 9h ORDINANCE NO. 163-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE EAST SIDE OF FM 171 ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 1, DEAN DALE ADDITION Moved by Councilor Thompson that Ordinance No. 163-93 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None 450 Item 10a RESOLUTION NO. 195-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPOINT MEMBERS TO THE BOARD OF DIRECTORS OF THE WICHITA FALLS DEVELOPMENT CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hughes that Resolution No. 195-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 10b RESOLUTION NO. 196-93 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH CORLETT, PROBST AND BOYD, INC. FOR ENGINEERING SERVICES; RELATED TO RELOCATION OF WATER AND SEWER LINES FOR MCGRATH CREEK PROJECT Moved by Councilor Hughes that Resolution No. 196-93 be passed. Motion :seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Thompson, Hughes, Martin, and Hawkins Nays: Councilor Loughry Item 10c RESOLUTION 197-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ADOPTING THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FIVE-YEAR PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 197-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None 451 Item 10d RESOLUTION NO. 198-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING LOG CABIN RENTAL POLICY (RESOLUTION NO. 120-86) , PERMITTING AN ADDITIONAL BLOCK OF RENTAL TIME OF THE LUCY PARK LOG CABIN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hughes that Resolution No. 198-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 10e RESOLUTION NO. 199-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE OF CERTAIN PROPERTY AT LAKE KICKAPOO; 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. 199-93 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 10f RESOLUTION NO. 200-93 RESOLUTION TO APPROVE ADDITIONAL WATER ALLOCATION FOR THE CITY OF SCOTLAND Robert Krahl, Mayor of Scotland addressed the need for the additional 50,000 gallon allocation. Moved by Councilor Martin that Resolution No. 200-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None 452 Item lOg RESOLUTION NO. 201-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO EXECUTE A DEED FOR LOT 18-A, BLOCK 19, HILLCREST ADDITION TO THE WICHITA FALLS AREA FOOD BANK, 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 Thompson that Resolution No 201-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 10h RESOLUTION NO. 202-93 RESOLUTION AMENDING AWARD TO TREE VENDORS Moved by Councilor Martin that Resolution No. 202-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item l0i RESOLUTION NO. 203-93 RESOLUTION SUPPORTING THE ESTABLISHMENT OF A LOCAL DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT CLINIC IN THE CITY OF WICHITA FALLS Moved by Councilor Hawkins that Resolution No. 203-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins Nays: None Item 10i RESOLUTION NO. 204-93 RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE AMERICAN RED CROSS FOR A STORAGE FACILITY Moved by Councilor Hawkins that Resolution No. 204-93 be passed. Motion ;seconded by Councilor Thompson and carried by the following vote. 453 Item 10j Ayes: Mayor Lam, Councilors Martin, Loughry, Thompson, Hughes, and Hawkins. Nays: None Item lla A discussion was held on the U.S. Environmental Protection Agency (EPA) Administrative Ordinance, Docket No. VI-94-1201 and the proposed Sanitary Sewer Evaluation Study. Mr. Bonnett stated that the intent of this discussion was to allow the Council to interact with Kerry Maroney of Biggs & Matthews, who are proposing to perform this study. Mr. Bonnett stated that this was going to be an expensive process, but it was mandated. Mr. Maroney gave an outline of EPA requirements and what elements are included in this proposed Sanitary Sewer Evaluation Study. He presented background information and a quick briefing of where EPA is coming from and why they are taking the approach they are taking at this point and time. He informed that we have a discharge permit at the River Road Waste Water Plant and one at the North Side Plant; two discharge plants at each of those sites. One is a state discharge permit, the other is a federal permit. What we are addressing here is a requirement put forth by EPA, in particular Region 6, which consists of Texas, Oklahoma, Louisiana, Arkansas, and New Mexico, in an effort to maintain this high compliance rate. In the late 1980 ' s EPA implemented a National Municipal Policy which required all major publicly owned treatment works to be in compliance with their NPDES Program by July 1, 1988. As a result of those enforcement efforts the percentage of municipal facilities that came into compliance went from 40o to 950, just from that one EPA effort. Once they got that many facilities up to compliance level, they are now attempting to maintain this high compliance rate. Region 6 EPA in 1991 implemented the Municipal Water Pollution Prevention Program, through 308 of the Clean Water Act. The program targeted all the major municipal owned treatment works in Region 6, which is anything over one million gallons per day. They targeted these major treatment works in Region 6 and in doing so established a data base of some 734 treatment facilities throughout the five Region 6 states. The program required an annual environmental report being submitted by each of these treatment facilities. Involved in the report among other detailed things was the agent condition of the facility, design flow vs. actual flows coming into the plant, affluent quality, and bypass and overflows, infiltration, inflow conditions of the facility, operators certification and other environmental compliance concerns. Based on the reviews of these audit reports, there were 366 audit reports as of April 1993 , over 500 of the municipalities were found to be in non-compliance of their permit. Non-compliance occurring not necessarily at the water treatment plant, because 950 of these entities had already come into compliance at the plants. 500 of the municipalities were in non-compliance through the bypasses and overflows out in the collection system. It was also determined that the cause for these overflows and non-compliance was to be wet weather flows, partial stoppage and blockage in the line, and inadequate line capacity. The task at this time facing EPA and also many municipalities is to maintain the high compliance at the treatment plant and concurrently bring the collection system into compliance by eliminating all the collection system overflows and bypasses. Toward this end, EPA is now shifting their enforcement efforts to the municipal collection system, and they are doing this through administrative orders. Such 454 Item lla, cont'd. was an Administrative Order that was issued July 20, 1993 to the City of Wichita Falls. This was due to persistent collection system overflows. The EPA Region 6 required the City of Wichita Falls in that Administrative Order to submit an EPA acceptable compliance plan which would provide for elimination of all the collection system overflows. The operative word is an approved EPA plan which includes the development of a comprehensive plan to encompass Sanitary Sewer Evaluation Study (SSES) of the entire system. Followed by the design and construction of improvements to not only reduce infiltration and inflow into the system but to eliminate all overflows and bypasses with the collection system itself. It also includes the cleaning of the system over the next 4 years. Subsequently, on December 6, 1993 the City of Wichita Falls was issued a second Administrative Order which replaced the Administrative Order issued in July 1993 . This had an effective date of December 8, 1993 setting forth a compliance schedule for the SSES, the collection system rehabilitation, and the cleaning program. The SSES is outlined in our proposal and is a compiled evaluation of the entire sewer collection system which consists of nearly 500 miles of sewer lines and approximately 8, 000 man holes. EPP, basically gave minimum suidelines of what they expected out of an SSES Program in a draft submitted August 19, 1993 . The Council has a list of eleven tasks of which we propose to perform and address as a part of the SSES Program. The tasks are administrative and management. Mr. Maroney highlighted each of these tasks. He stated that as a part of their final report and recommendation, they will provide a comprehensive report and assembly of all field activities and all final results, and a priority ranking for each one of the system defects that were documented. Recommendation will be made for system rehabilitation and expansion, along with a detailed cost estimate. A summary of all the supportive data will be provided with final reports. Six copies of the f inal report with all supporting appendices will be provided to the City. We propose to end up with a Master Sewer Plan, documenting all infiltration and inflow, and quantifying same. Mr. MELroney stressed the City' s EPA discharge permits by stating that. the EPA discharge permit at the North Side Waste Water Treatment Plant is raised at 1 . 5 MGD and has a peak 2 hours permitted rate of 4. 5 MGD. A second EPA discharging permit is at the River Road Plant and is presently permitted for 19 MGD with peak 2 hour flow of 43 MGD. Councilor Hawkins asked if this would change those permits at all. Mr. Maroney answered that it would not. Mr. Maroney stated that the thing we know about the system right now is the one place we have a measurement and true flow is at the two treatment plants. On daily dry weather flow into the River Road Plant you will run approximately 11 million gallons a day. On a peak rain event you will run approximately 34-35 million gallons a day. Therefore, you are treating 22-23 MGD in wet weather flow causing drainage water that you do not need to be treating. You know it' s getting into the plant and the plant is handling it, consequently, you are not out of compliance at the plant but at the amount of water being overflowed to the collection rr system. You spent $17 million upgrading the River Road Waste Water Treatment Plant due to the peak inflow rate that is in there right now. So even though the plants can accommodate the wet weather flows, the permit violations and what is being written up in the Administrative Order is the overflows in the collection system. What EPA has done is shifted these compliance efforts from treatment plants to the collection system. To that end, we have submitted a proposal for the SSES in order to comply with that Administrative Order. Every subdivision that comes into this system now is being required to be reviewed by TNRCC. One question always asked is can your down stream system accommodate without overflows or by- 455 Item lla, cont'd. passes this particular subdivision or this particular addition to your system. It is getting tougher to answer those questions. Part of this Administrative Order on addressing this is also building some capacity into your plant and to your system by removal of infiltration inflow. Mr. Martin stated that our problem seems to be infiltration of our runoff water from our streets, maybe some of the streams getting into our sewer lines. So we need to find out where that is and eliminate it by not running the street discharge and stream discharge through the plant to be treated. He asked Mr. Maroney if that was correct. Mr. Maroney responded in the affirmative and stated that we have a strictly sanitary sewer collection system and not a combined storm sewer and sanitary sewer. We have what is tantamount to a storm sewer and sanitary sewer collection system because during wet weather we end up treating twice the extraneous flow of storm water as we do sanitary. Mr. Martin asked if none of the storm water should be going into the system. Mr. Maroney replied that was correct. Councilor Hawkins asked if Biggs and Matthews had done the smoke testing on the South West part of town. Mr. Maroney replied that they had. Councilor Hawkins asked if those places had been fixed. Mr. Bonnett replied in the affirmative. Councilor Hawkins asked if there had been an appreciable drop in the amount of storm water getting in because of it. We spent $4 million building a bigger pipe to handle it. Mr. Bonnett responded that we went on a 3 1/2 year program to address the deficiencies discovered as part of the smoke testing program. We found some direct connection between storm and sanitary and things like house leaders, manholes that had sides that were broken or cracked, a whole variety of things. Those we have fixed. One of the problems we have dealt with in the sanitary system is that when you have so much being released it is very difficult to know how good your repairs are. I think we did a lot of good, but I think from what we have seen and measured, it appears that we got about 10-150 of the problem. It is purely a guess. It is important to recognize that even with this very comprehensive SSES that is being required here we are not going to get it all and I think Kerry would agree. I think we will be doing well in getting 500. One of the things we need to be aware of is that we are just not going to get it all. Councilor Hawkins asked if the first smoke test was an EPA requirement. Mr. Bonnett stated that it was required in order to get federal funding. Councilor Hawkins commented that was to obtain federal funds but this time we are not talking about ( federal dollars. Mr. Bonnett agreed. Councilor Hawkins asked Mr. Bonnett if he could identify some of the major areas where this storm water and sewer is taking place. Mr. Bonnett replied that he knew where in the major lines it is coming out, but what he did not know was all the points where it is coming into. Councilor Hawkins commented that Mr. Bonnet had just stated that even with the $2 million study we would only identify 50 0 of it. Mr. Bonnett replied that we would be doing good to get 500 of it out. Councilor Hughes asked if he was talking about identifying 50% or getting 500 of it out. Mr. Bonnett clarified getting 500 of it out of the system. Councilor Hughes said we can get it all identified but then the problem is how much can we afford to get out. Councilor Hawkins stated that his concern was that once the area where it is coming from is identified then the EPA is going to require us to fix it. I am looking at a $2 million expenditure here and asking the citizens to spend another $50 million on a super sewer system. Councilor Hughes mentioned that EPA is already requiring that and the fact that you have the study and are afraid that is going to require you to spend money to fix the problem is not accurate because you 456 Item lla, cont'd. are required to fix the problem now. You need the study to know what problem you are fixing and you can prove you have a comprehensive plan to fix the problem and you are not just mandating it. Councilor Hawkins inquired if we had a program underway working with EPA. Mr. Bonnett replied that we did not, but what we have up to date is the Administrative Order that required us to address the Southwest basin. Councilor Hawkins reminded Mr. Bonnett that. he had briefed him earlier about a plan where we would work at certain basins until we had the entire system and that it would be over a longer period of time. Mr. Bonnett replied that: that was the first go-around with EPA after they issued their July 20 requirements. The original direction was to do exactly that, to break the system down into a series of basins and we did it. We received a total reversal of that direction at subsequent meetings during management review at EPA Region 6. Mayor Lam commended Mr. Maroney for a clear, concise history and update on the information he presented which was easily understood. We have an Administrative Order that we need an SSES and I think that it is prudent to ask the staff to prepare an Ordinance for the first meeting in January and we can evaluate it and we can ask Mr. Maroney to come back at that time. The Council can take the information given to them and study it until next council meeting. Councilor Martin stated that we can spend $2 million and adopt it and proceed with it or not adopt it and it is still going to cost us $2 million plus the fines that we will be facing. Councilor Loughry questioned under whose authority a letter of compliance dated Nov. 2, 1993 was sent to EPA. Mr. Bonnett replied that: the Original Administrative Order required you to submit an approved draft. Your study is going to be in accordance with the approved draft. They are not going to approve anything that does not meet that draft of their policy. We have been trying to keep ourselves out of the Administrative penalties box. What we submitted is in response to the original show cause order issued July 20. Councilor Loughry commented that now we have ourselves between a hard spot and a rock, saying we are going to do this and meet all these dates. Mr. Berzina staged that we had been there all along. What we have been trying to do since July is, one, keep us out of that box and, two, trying to mitigate what they are going to actually tell us to do. There have been a series of meetings with legal and public works people in terms of identifying exactly what they were going to tell us. Councilor Hughes commented that the plan that was presented during budget time to actually do some of the cleaning and so forth led us to try to do exactly what you are saying, spend some money to fix the problems. We thought that was going to go forward, but: that went by the wayside and they issued another Administrative Order. Councilor Thompson mentioned that this goes back for a number of years and one of the questions in his mind was why we had not taken the initiative earlier in trying to correct these problems. These problems are not new. We have an Engineeri.Lng Department and I am wondering why this was not addressed earlier. Councilor Hughes commented that that is what we did when we spent the $4 million on the plan, but without a comprehensive study. That: is why I am in favor of the study. Mr. Berzina stated that $26 million has been spent in the last 3 years on the sewer system, $22 million at the plant and $4 million on lines, major trunk lines. You had to fix the plant before you could fix what was being brought to the i 457 Item lla, cont'd. plant. You couldn' t go fix the lines and then go surcharge that and bring it to a plant that didn't work. Our thinking has been to fix the plant and one thing that has happened is they have changed their focus. They had been on plants and now they have changed and are going to the systems because they have 950 compliance with the treatment plants. They had taken everybody back into the systems and they are now saying fix the collection part of it and that is the sequence we are following. We couldn' t fix that other stuff with out surcharging the plant to the point where we wouldn' t have all kinds of discharges at the plants. They were actually finding people at that point with those kinds of discharges. Now they are saying we are going to look at your collection system. Mr. Maroney mentioned the location of major overflow problems. Councilor Thompson questioned the fact that we have known jof bypass locations for a while and it seems like there has been a lack of maximum effort to fix this. We should have had better guidance from our Engineering Department. Even after we spent $2 million on the study and $50 million on the construction, the problem will still not be solved. Several others comments were made, and discussion was closed. Item 11b A discussion was held regarding status of teen curfew. City Attorney Greg Humbach brought the Council up to date on the status of Dallas teen curfew. He informed that plaintiffs challenging the constitutionality of the Dallas Ordinance have asked for a rehearing before the entire Court of Appeals. As a result, the City of Dallas is not currently enforcing their curfew ordinance until the Constitutional issue is resolved. The Ordinance that Mr. Humbach provided the Council earlier has been amended by the City of Dallas. The provision providing for determination of violation of curfew ordinance has been deleted. Mr. Humbach told the Council they could wait until the constitutionality issue is finally resolved on the curfew ordinance in general, or they could adopt a local curfew ordinance patterned after the Dallas ordinance to go into effect 30 days after passage. Perhaps at that time we will have a clearer picture of legal challenge of that ordinance and can make a decision at that time whether to enforce it or defer , enforcement. Mayor Lam stated his thoughts that staff should prepare an ordinance for the next meeting, to be reviewed and modified as needed to best fit our community. Councilor Hawkins agreed and mentioned we already have a curfew ordinance and we can just modify it. Councilor Martin also agreed with the Dallas Curfew Ordinance and said that there are curfews out there that are not being challenged and we need to get one in place here in our City. Item llc Louis Esquibel, 1317 North 6th, addressed a report that he had submitted to the Council and asked for their views. Mayor Lam said he had read it and he thought Mr. Esquibel had brought up good points and some of the ideas are issues that have been discussed by previous Councils. A city has to decide where its responsibility lies as to what it can fund or where I,, the organization can provide those services. f I� 458 Item llc, cont'd. Councilor Hughes asked for clarification if Mr. Esquibel was wanting the City to get involved in those areas or if it was all encompassing. For instance, the Boys Clubs, the City is not over the Boys Clubs. Mr. Esquibel replied that was only one area and that he was concerned about providing jobs and regulating gun control. Mayor Lam said the Council will take Mr. Esquibel ' s observations under advisement. Councilor Martin commented that he had read Mr. Esquibel ' s report. He said that his being the chair of the W.F. I .S.D. Vocational Education Advisory Committee he knew Item 8 of Mr. Esquibel ' s report was already being put into effect. Mayor Lam suggested he send a copy to the District Attorney, the School Board, and the County Judge. Richard Ammons, 2808 Parkview, addressed the issue of parking vehicles on the grass. He said he parked his vehicles on the grass for security reasons. He requested that the Council take this into consideration. Mayor Lam replied that Council would work with and consider different circumstances. Item lld Councilor Loughry stated he received calls requesting that Council meeting be run more often. Troy Jensen gave a schedule of times meetings were run and said he would be glad to adjust the schedule. Councilor Hughes asked for clarification on parking vehicles on the grass ordinance. He asked if side yard and front yard are not the same. Dave Clark replied in the affirmative. Councilor Hughes asked for definition of a vehicle. Mr . Humbach said vehicle is defined in the Texas Motor Vehicle Code, which includes trailers. Councilor Hughes commented on unfunded mandates and urged citizens to lobby Congress to change these laws. Councilor Hawkins gave a report on re-cycling newsprint. He informed that we had recycled 80 tons, averaging 9 tons a week. This means that much is not going to the land fill. He encouraged other citizens to take their newsprint to the fire stations. lie reminded citizens that they could drop off their Christmas trees at Lucy Park, Jaycee Park, or the transfer station. He wished everyone a Merry Christmas and a Happy New Year. Councilor Thompson asked the Engineering Department to look into additional staff for that department with Councilos concurrence. In order to respond to EPA requirements, we are going to need additional engineers to comply with their requirements,. Councilor Thompson also requested that we proceed with the proposition of a sister city in Mexico. Since NAFTA has passed we need to develop some relationship with Mexico and benefit from NAFTA. Councilor Thompson mentioned the crime bill and said that when it is passed that we need to take advantage of that to strengthen our police department. Councilor Thompson addressed the holiday season and the real meaning of Christmas, joy and peace. He wished everyone a Merry Christmas and Happy New Year. 459 Item lld, cont 'd. Mayor Lam also wished everyone a Merry Christmas and Happy New Year, and thanked the staff for their work this past year. Item lle City Manager Jim Berzina passed out 3 memos to the Council regarding items that had been brought up in recent past meetings. Bob Parker presented a report on the downtown traffic lights. He mentioned that Travis and Austin lights had been taken out last year. They did counts at Lamar and 12th, 13th, and 14th, Scott and 12th, 13th and 14th, and at Indiana, 6th, 12th and 13th. None met warrants for signalization. We are planning on going to flash first week in January; installing stop signs on numbered streets and then removing signals. State has a concern with intersection at Indiana and 13th Street, and we will take a look at it with the State later. Councilor Hawkins stated that he hated the message this gives of less traffic downtown; but he realizes the savings each time one of those signals is removed. Mr. Berzina mentioned that it speeds up the ingress and egress in and out of the town, and downtown business like this. Mr. Parker informed they would be doing counts on cross streets with remaining signals for better access in order to expedite traffic into the downtown area. This will have no impact on the MPEC Project. Councilor Hawkins asked Mr. Parker about a rubberized cover on the crosswalks to avoid jamming the system. Mr. Parker will look into changing the style of button on it. Jim Dockery reported on catering service at the Activity Center. Due to financial reasons, the caterer that we contracted with is ceasing services. In the interim, proposals were requested and the temporary provider for concession services only will be Cantu. For catering services, the lessee of the Activity Center will be allowed to obtain the caterer of their choice during interim. Last year' s performance of the caterer we contracted with raised $126,000 in revenue including concession services at the Activity Center. We will need to evaluate what we will be doing with that in the future. Item llf The City Council recessed into executive session at 10 : 30 a.m. , according to Article 6252-17, Section 2(g) V.A.C.S. The meeting reconvened at 10 : 40 a.m. Item llg Mayor Lam stated that reappointments will be made of persons who are now serving on committees that are up for reappointment. In January we will look at slots that need to be appointed. He urged citizens to make application for those slots. Moved by Councilor Hughes that the following be reappointed for terms as indicated. Wichita Falls Park Board Terms to expire December 31 , 1996: Donna Adams and Sharon Roach Plumbing and Mechanical Board of Adjustments and Appeals Terms to expire December 31, 1995: Mike Veresh, Leon Biddy, Howard Morris, Bill Rowland, and Brian Walser 460 Item llg, cont'd. Zoning Board of Adjustment Termms to expire December 31, 1995: W. 13. Franklin, Edwin C. Bebb, Roger Murphy, and Kenneth George Wichita Falls/Wichita County Public Health Board: Terms to expire December 31, 1995 : Dewey Nicholson and William Browning Aviation Advisory Board Terms to expire December 31, 1995 : Nicholas Boley and David Potter Commission on Human Needs: Terms to expire December 31, 1995 : Lisa Pecot, Miriam Mas, Carrie Hadley, Linda L. King, Sheila Stouard, Eugenia Tickle, Linda Edgerton, Sylvia C. Arnett, and Jerry Hampton Building Code Board of Adjustments and Appeals: Terms to expire December 31 , 1995: George Ross, Jr. , R. J. Wachsman, and Donal Boley Building Code Board of Adjustments and Appeals Terms to expire December 31, 1996 : Michael Koen, John Morrison, Ted H. Litteken, James Foster, Lindsey Walker, and Rebecca Lanmon Motion seconded by Councilor Martin, and carried unanimously. The City Council adjourned at 11 : 17 a.m. PASSED AND APPROVED THIS day of 1994. Michael Lam, r ATTEST: Lydi Torres City Clerk